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[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4520 Engrossed Amendment Senate (EAS)]

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  

                  In the Senate of the United States,

                                                         July 15, 2004.
    Resolved, That the bill from the House of Representatives (H.R. 
4520) entitled ``An Act to amend the Internal Revenue Code of 1986 to 
comply with the World Trade Organization rulings on the FSC/ETI benefit 
in a manner that preserves jobs and production activities in the United 
States, to reform and simplify the international taxation rules of the 
United States, and for other purposes.'', do pass with the following

                               AMENDMENT:

            Strike out all after the enacting clause and insert:

SECTION 1. SHORT TITLE; AMENDMENT OF 1986 CODE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Jumpstart Our 
Business Strength (JOBS) Act''.
    (b) Amendment of 1986 Code.--Except as otherwise expressly 
provided, whenever in this Act an amendment or repeal is expressed in 
terms of an amendment to, or repeal of, a section or other provision, 
the reference shall be considered to be made to a section or other 
provision of the Internal Revenue Code of 1986.
    (c) Table of Contents.--

Sec. 1. Short title; amendment of 1986 Code; table of contents.

        TITLE I--PROVISIONS RELATING TO REPEAL OF EXCLUSION FOR 
                        EXTRATERRITORIAL INCOME

Sec. 101. Repeal of exclusion for extraterritorial income.
Sec. 102. Deduction relating to income attributable to United States 
                            production activities.
Sec. 103. Deduction for United States production activities includes 
                            income related to certain architectural and 
                            engineering services.

                 TITLE II--INTERNATIONAL TAX PROVISIONS

                  Subtitle A--International Tax Reform

Sec. 201. 20-year foreign tax credit carryover; 1-year foreign tax 
                            credit carryback.
Sec. 202. Look-thru rules to apply to dividends from noncontrolled 
                            section 902 corporations.
Sec. 203. Foreign tax credit under alternative minimum tax.
Sec. 204. Recharacterization of overall domestic loss.
Sec. 205. Interest expense allocation rules.
Sec. 206. Determination of foreign personal holding company income with 
                            respect to transactions in commodities.

              Subtitle B--International Tax Simplification

Sec. 211. Repeal of foreign personal holding company rules and foreign 
                            investment company rules.
Sec. 212. Expansion of de minimis rule under subpart F.
Sec. 213. Attribution of stock ownership through partnerships to apply 
                            in determining section 902 and 960 credits.
Sec. 214. Application of uniform capitalization rules to foreign 
                            persons.
Sec. 215. Repeal of withholding tax on dividends from certain foreign 
                            corporations.
Sec. 216. Repeal of special capital gains tax on aliens present in the 
                            United States for 183 days or more.

          Subtitle C--Additional International Tax Provisions

Sec. 221. Active leasing income from aircraft and vessels.
Sec. 222. Look-thru treatment of payments between related controlled 
                            foreign corporations under foreign personal 
                            holding company income rules.
Sec. 223. Look-thru treatment for sales of partnership interests.
Sec. 224. Election not to use average exchange rate for foreign tax 
                            paid other than in functional currency.
Sec. 225. Treatment of income tax base differences.
Sec. 226. Modification of exceptions under subpart F for active 
                            financing.
Sec. 227. United States property not to include certain assets of 
                            controlled foreign corporation.
Sec. 228. Provide equal treatment for interest paid by foreign 
                            partnerships and foreign corporations.
Sec. 229. Clarification of treatment of certain transfers of intangible 
                            property.
Sec. 230. Modification of the treatment of certain REIT distributions 
                            attributable to gain from sales or 
                            exchanges of United States real property 
                            interests.
Sec. 231. Toll tax on excess qualified foreign distribution amount.
Sec. 232. Exclusion of income derived from certain wagers on horse 
                            races and dog races from gross income of 
                            nonresident alien individuals.
Sec. 233. Limitation of withholding tax for Puerto Rico corporations.
Sec. 234. Report on WTO dispute settlement panels and the appellate 
                            body.
Sec. 235. Study of impact of international tax laws on taxpayers other 
                            than large corporations.
Sec. 236. Delay in effective date of final regulations governing 
                            exclusion of income from international 
                            operation of ships or aircraft.
Sec. 237. Interest payments deductible where disqualified guarantee has 
                            no economic effect.

       TITLE III--DOMESTIC MANUFACTURING AND BUSINESS PROVISIONS

                     Subtitle A--General Provisions

Sec. 301. Expansion of qualified small-issue bond program.
Sec. 302. Expensing of broadband Internet access expenditures.
Sec. 303. Exemption of natural aging process in determination of 
                            production period for distilled spirits 
                            under section 263A.
Sec. 304. Modification of active business definition under section 355.
Sec. 305. Modified taxation of imported archery products.
Sec. 306. Modification to cooperative marketing rules to include value 
                            added processing involving animals.
Sec. 307. Extension of declaratory judgment procedures to farmers' 
                            cooperative organizations.
Sec. 308. Temporary suspension of personal holding company tax.
Sec. 309. Increase in section 179 expensing.
Sec. 310. Five-year carryback of net operating losses.
Sec. 311. Extension and modification of research credit.
Sec. 312. Expansion of research credit.
Sec. 313. Manufacturer's jobs credit.
Sec. 314. Brownfields Demonstration Program for qualified green 
                            building and sustainable design projects.

              Subtitle B--Manufacturing Relating to Films

Sec. 321. Special rules for certain film and television productions.
Sec. 322. Modification of application of income forecast method of 
                            depreciation.

              Subtitle C--Manufacturing Relating to Timber

Sec. 331. Expensing of certain reforestation expenditures.
Sec. 332. Election to treat cutting of timber as a sale or exchange.
Sec. 333. Capital gain treatment under section 631(b) to apply to 
                            outright sales by landowners.
Sec. 334. Modification of safe harbor rules for timber REITS.

                    TITLE IV--ADDITIONAL PROVISIONS

        Subtitle A--Provisions Designed To Curtail Tax Shelters

Sec. 401. Clarification of economic substance doctrine.
Sec. 402. Penalty for failing to disclose reportable transaction.
Sec. 403. Accuracy-related penalty for listed transactions and other 
                            reportable transactions having a 
                            significant tax avoidance purpose.
Sec. 404. Penalty for understatements attributable to transactions 
                            lacking economic substance, etc.
Sec. 405. Modifications of substantial understatement penalty for 
                            nonreportable transactions.
Sec. 406. Tax shelter exception to confidentiality privileges relating 
                            to taxpayer communications.
Sec. 407. Disclosure of reportable transactions.
Sec. 408. Modifications to penalty for failure to register tax 
                            shelters.
Sec. 409. Modification of penalty for failure to maintain lists of 
                            investors.
Sec. 410. Modification of actions to enjoin certain conduct related to 
                            tax shelters and reportable transactions.
Sec. 411. Understatement of taxpayer's liability by income tax return 
                            preparer.
Sec. 412. Penalty on failure to report interests in foreign financial 
                            accounts.
Sec. 413. Frivolous tax submissions.
Sec. 414. Regulation of individuals practicing before the Department of 
                            Treasury.
Sec. 415. Penalty for promoting abusive tax shelters.
Sec. 416. Statute of limitations for taxable years for which required 
                            listed transactions not reported.
Sec. 417. Denial of deduction for interest on underpayments 
                            attributable to nondisclosed reportable and 
                            noneconomic substance transactions.
Sec. 418. Authorization of appropriations for tax law enforcement.
Sec. 419. Penalty for aiding and abetting the understatement of tax 
                            liability.
Sec. 420. Study on information sharing among law enforcement agencies.

           Subtitle B--Other Corporate Governance Provisions

Sec. 421. Affirmation of consolidated return regulation authority.
Sec. 422. Declaration by chief executive officer relating to Federal 
                            annual income tax return of a corporation.
Sec. 423. Denial of deduction for certain fines, penalties, and other 
                            amounts.
Sec. 424. Disallowance of deduction for punitive damages.
Sec. 425. Increase in criminal monetary penalty limitation for the 
                            underpayment or overpayment of tax due to 
                            fraud.

            Subtitle C--Enron-Related Tax Shelter Provisions

Sec. 431. Limitation on transfer or importation of built-in losses.
Sec. 432. No reduction of basis under section 734 in stock held by 
                            partnership in corporate partner.
Sec. 433. Repeal of special rules for FASITs.
Sec. 434. Expanded disallowance of deduction for interest on 
                            convertible debt.
Sec. 435. Expanded authority to disallow tax benefits under section 
                            269.
Sec. 436. Modification of interaction between subpart F and passive 
                            foreign investment company rules.

           Subtitle D--Provisions To Discourage Expatriation

Sec. 441. Tax treatment of inverted corporate entities.
Sec. 442. Imposition of mark-to-market tax on individuals who 
                            expatriate.
Sec. 443. Excise tax on stock compensation of insiders of inverted 
                            corporations.
Sec. 444. Reinsurance of United States risks in foreign jurisdictions.
Sec. 445. Reporting of taxable mergers and acquisitions.

                     Subtitle E--International Tax

Sec. 451. Clarification of banking business for purposes of determining 
                            investment of earnings in United States 
                            property.
Sec. 452. Prohibition on nonrecognition of gain through complete 
                            liquidation of holding company.
Sec. 453. Prevention of mismatching of interest and original issue 
                            discount deductions and income inclusions 
                            in transactions with related foreign 
                            persons.
Sec. 454. Effectively connected income to include certain foreign 
                            source income.
Sec. 455. Recapture of overall foreign losses on sale of controlled 
                            foreign corporation.
Sec. 456. Minimum holding period for foreign tax credit on withholding 
                            taxes on income other than dividends.

                  Subtitle F--Other Revenue Provisions

                     Part I--Financial Instruments

Sec. 461. Treatment of stripped interests in bond and preferred stock 
                            funds, etc.
Sec. 462. Application of earnings stripping rules to partners which are 
                            C corporations.
Sec. 463. Recognition of cancellation of indebtedness income realized 
                            on satisfaction of debt with partnership 
                            interest.
Sec. 464. Modification of straddle rules.
Sec. 465. Denial of installment sale treatment for all readily 
                            tradeable debt.

                 Part II--Corporations and Partnerships

Sec. 466. Modification of treatment of transfers to creditors in 
                            divisive reorganizations.
Sec. 467. Clarification of definition of nonqualified preferred stock.
Sec. 468. Modification of definition of controlled group of 
                            corporations.
Sec. 469. Mandatory basis adjustments in connection with partnership 
                            distributions and transfers of partnership 
                            interests.

                Part III--Depreciation and Amortization

Sec. 471. Extension of amortization of intangibles to sports 
                            franchises.
Sec. 472. Class lives for utility grading costs.
Sec. 473. Expansion of limitation on depreciation of certain passenger 
                            automobiles.
Sec. 474. Consistent amortization of periods for intangibles.
Sec. 475. Reform of tax treatment of leasing operations.
Sec. 476. Limitation on deductions allocable to property used by 
                            governments or other tax-exempt entities.

                   Part IV--Administrative Provisions

Sec. 481. Clarification of rules for payment of estimated tax for 
                            certain deemed asset sales.
Sec. 482. Extension of IRS user fees.
Sec. 483. Doubling of certain penalties, fines, and interest on 
                            underpayments related to certain offshore 
                            financial arrangement.
Sec. 484. Partial payment of tax liability in installment agreements.
Sec. 485. Extension of customs user fees.
Sec. 486. Deposits made to suspend running of interest on potential 
                            underpayments.
Sec. 487. Qualified tax collection contracts.
Sec. 488. Whistleblower reforms.
Sec. 489. Protection of overtime pay.
Sec. 490. Protection of overtime pay.

                    Part V--Miscellaneous Provisions

Sec. 491. Addition of vaccines against hepatitis A to list of taxable 
                            vaccines.
Sec. 492. Recognition of gain from the sale of a principal residence 
                            acquired in a like-kind exchange within 5 
                            years of sale.
Sec. 493. Modification of exemption from tax for small property and 
                            casualty insurance companies.
Sec. 494. Treatment of charitable contributions of patents and similar 
                            property.
Sec. 495. Increase in age of minor children whose unearned income is 
                            taxed as if parent's income.
Sec. 496. Holding period for preferred stock.
Sec. 497. Substantial presence test required to determine bona fide 
                            residence in United States possessions.

   TITLE V--PROTECTION OF UNITED STATES WORKERS FROM COMPETITION OF 
                           FOREIGN WORKFORCES

Sec. 501. Limitations on off-shore performance of contracts.
Sec. 502. Repeal of superseded law.
Sec. 503. Effective date and applicability.

                       TITLE VI--OTHER PROVISIONS

               Subtitle A--Provisions Relating to Housing

Sec. 601. Treatment of qualified mortgage bonds.
Sec. 602. Premiums for mortgage insurance.
Sec. 603. Increase in historic rehabilitation credit for certain low-
                            income housing for the elderly.

                Subtitle B--Provisions Relating to Bonds

Sec. 611. Expansion of New York Liberty Zone tax benefits.
Sec. 612. Modifications of treatment of qualified zone academy bonds.
Sec. 613. Modifications of authority of Indian tribal governments to 
                            issue tax-exempt bonds.
Sec. 614. Definition of manufacturing facility for small issue bonds.
Sec. 615. Conservation bonds.
Sec. 616. Indian school construction.

            Subtitle C--Provisions Relating to Depreciation

Sec. 621. Special placed in service rule for bonus depreciation 
                            property.
Sec. 622. Modification of depreciation allowance for aircraft.
Sec. 623. Modification of class life for certain track facilities.
Sec. 624. Minimum tax relief for certain taxpayers.

                Subtitle D--Expansion of Business Credit

Sec. 631. New markets tax credit for Native American reservations.
Sec. 632. Ready Reserve-National Guard employee credit and Ready 
                            Reserve-National Guard replacement employee 
                            credit.
Sec. 633. Rural investment tax credit.
Sec. 634. Qualified rural small business investment credit.
Sec. 635. Credit for maintenance of railroad track.
Sec. 636. Railroad revitalization and security investment credit.
Sec. 637. Modification of targeted areas designated for new markets tax 
                            credit.
Sec. 638. Modification of income requirement for census tracts within 
                            high migration rural counties.
Sec. 639. Credit for investment in technology to make motion pictures 
                            more accessible to the deaf and hard of 
                            hearing.

                  Subtitle E--Miscellaneous Provisions

Sec. 641. Exclusion of gain or loss on sale or exchange of certain 
                            brownfield sites from unrelated business 
                            taxable income.
Sec. 642. Modification of unrelated business income limitation on 
                            investment in certain debt-financed 
                            properties.
Sec. 643. Civil rights tax relief.
Sec. 644. Exclusion for payments to individuals under National Health 
                            Service Corps loan repayment program and 
                            certain State loan repayment programs.
Sec. 645. Certain expenses of rural letter carriers.
Sec. 646. Method of accounting for naval shipbuilders.
Sec. 647. Suspension of policyholders surplus account provisions.
Sec. 648. Payment of dividends on stock of cooperatives without 
                            reducing patronage dividends.
Sec. 649. Special rules for livestock sold on account of weather-
                            related conditions.
Sec. 650. Motor vehicle dealer transitional assistance.
Sec. 651. Expansion of designated renewal community area based on 2000 
                            census data.
Sec. 652. Reduction of holding period to 12 months for purposes of 
                            determining whether horses are section 1231 
                            assets.
Sec. 653. Blue Ribbon Commission on Comprehensive Tax Reform.
Sec. 654. Treatment of distributions by ESOPs with respect to S 
                            corporation stock.
Sec. 655. Clarification of working capital for reasonably anticipated 
                            needs of a business for purposes of 
                            accumulated earnings tax.
Sec. 656. Tax treatment of State ownership of railroad real estate 
                            investment trust.
Sec. 657. Clarification of contribution in aid of construction for 
                            water and sewerage disposal utilities.
Sec. 658. Credit for purchase and installation of agricultural water 
                            conservation systems.
Sec. 659. Modification of involuntary conversion rules for businesses 
                            affected by the September 11th terrorist 
                            attacks.
Sec. 660. Repeal of application of below-market loan rules to amounts 
                            paid to certain continuing care facilities.
Sec. 661. Gold, silver, platinum, and palladium treated in the same 
                            manner as stocks and bonds for maximum 
                            capital gains rate for individuals.
Sec. 662. Inclusion of primary and secondary medical strategies for 
                            children and adults with sickle cell 
                            disease as medical assistance under the 
                            Medicaid program.

                     Subtitle F--Revenue Provisions

                   Part I--General Revenue Provisions

Sec. 661A. Treasury regulations on foreign tax credit.
Sec. 662B. Freeze of provisions regarding suspension of interest where 
                            Secretary fails to contact taxpayer.

               Part II--Pension and Deferred Compensation

Sec. 671. Treatment of nonqualified deferred compensation plans.
Sec. 672. Prohibition on deferral of gain from the exercise of stock 
                            options and restricted stock gains through 
                            deferred compensation arrangements.
Sec. 673. Increase in withholding from supplemental wage payments in 
                            excess of $1,000,000.
Sec. 674. Treatment of sale of stock acquired pursuant to exercise of 
                            stock options to comply with conflict-of-
                            interest requirements.
Sec. 675. Application of basis rules to employer and employee 
                            contributions on behalf of nonresident 
                            aliens.

          TITLE VII--EXTENSIONS OF CERTAIN EXPIRING PROVISIONS

                         Subtitle A--Extensions

Sec. 701. Parity in the application of certain limits to mental health 
                            benefits.
Sec. 702. Modifications to work opportunity credit and welfare-to-work 
                            credit.
Sec. 703. Consolidation of work opportunity credit with welfare-to-work 
                            credit.
Sec. 704. Qualified zone academy bonds.
Sec. 705. Cover over of tax on distilled spirits.
Sec. 706. Deduction for corporate donations of scientific property and 
                            computer technology.
Sec. 707. Deduction for certain expenses of school teachers.
Sec. 708. Expensing of environmental remediation costs.
Sec. 709. Expansion of certain New York Liberty Zone benefits.
Sec. 710. Repeal of reduction of deductions for mutual life insurance 
                            companies.
Sec. 711. Tax incentives for investment in the District of Columbia.
Sec. 712.Disclosure of tax information to facilitate combined 
                            employment tax reporting.
Sec. 713. Allowance of nonrefundable personal credits against regular 
                            and minimum tax liability.
Sec. 714. Credit for electricity produced from certain renewable 
                            resources.
Sec. 715. Taxable income limit on percentage depletion for oil and 
                            natural gas produced from marginal 
                            properties.
Sec. 716. Indian employment tax credit.
Sec. 717. Accelerated depreciation for business property on Indian 
                            reservation.
Sec. 718. Disclosure of return information relating to student loans.
Sec. 719. Extension of transfers of excess pension assets to retiree 
                            health accounts.
Sec. 720. Elimination of phaseout of credit for qualified electric 
                            vehicles.
Sec. 721. Elimination of phaseout for deduction for clean-fuel vehicle 
                            property.

                     Subtitle B--Revenue Provisions

Sec. 731. Donations of motor vehicles, boats, and airplanes. 
Sec. 732. Addition of vaccines against influenza to list of taxable 
                            vaccines.
Sec. 733. Treatment of contingent payment convertible debt instruments.
Sec. 734. Modification of continuing levy on payments to Federal 
                            venders.

                   TITLE VIII--ENERGY TAX INCENTIVES

Sec. 800. Short title.

        Subtitle A--Renewable Electricity Production Tax Credit

Sec. 801. Extension and expansion of credit for electricity produced 
                            from certain renewable resources.

      Subtitle B--Alternative Motor Vehicles and Fuels Incentives

Sec. 811. Alternative motor vehicle credit.
Sec. 812. Modification of credit for qualified electric vehicles.
Sec. 813. Credit for installation of alternative fueling stations.
Sec. 814. Credit for retail sale of alternative fuels as motor vehicle 
                            fuel.
Sec. 815. Small ethanol producer credit.

       Subtitle C--Conservation and Energy Efficiency Provisions

Sec. 821. Credit for construction of new energy efficient home.
Sec. 822. Credit for energy efficient appliances.
Sec. 823. Credit for residential energy efficient property.
Sec. 824. Credit for business installation of qualified fuel cells and 
                            stationary microturbine power plants.
Sec. 825. Energy efficient commercial buildings deduction.
Sec. 826. Three-year applicable recovery period for depreciation of 
                            qualified energy management devices.
Sec. 827. Three-year applicable recovery period for depreciation of 
                            qualified water submetering devices.
Sec. 828. Energy credit for combined heat and power system property.
Sec. 829. Credit for energy efficiency improvements to existing homes.

                   Subtitle D--Clean Coal Incentives

 Part I--Credit for Emission Reductions and Efficiency Improvements in 
         Existing Coal-Based Electricity Generation Facilities

Sec. 831. Credit for production from a qualifying clean coal technology 
                            unit.

Part II--Incentives for Early Commercial Applications of Advanced Clean 
                           Coal Technologies

Sec. 832. Credit for investment in qualifying advanced clean coal 
                            technology.
Sec. 833. Credit for production from a qualifying advanced clean coal 
                            technology unit.

      Part III--Treatment of Persons Not Able To Use Entire Credit

Sec. 834. Treatment of persons not able to use entire credit.

                   Subtitle E--Oil and Gas Provisions

Sec. 841. Oil and gas from marginal wells.
Sec. 842. Natural gas gathering lines treated as 7-year property.
Sec. 843. Expensing of capital costs incurred in complying with 
                            Environmental Protection Agency sulfur 
                            regulations.
Sec. 844. Credit for production of low sulfur diesel fuel.
Sec. 845. Determination of small refiner exception to oil depletion 
                            deduction.
Sec. 846. Marginal production income limit extension.
Sec. 847. Amortization of delay rental payments.
Sec. 848. Amortization of geological and geophysical expenditures.
Sec. 849. Extension and modification of credit for producing fuel from 
                            a nonconventional source.
Sec. 850. Natural gas distribution lines treated as 15-year property.
Sec. 851. Credit for Alaska natural gas.
Sec. 852. Certain Alaska natural gas pipeline property treated as 7-
                            year property.
Sec. 853. Extension of enhanced oil recovery credit to certain Alaska 
                            facilities.
Sec. 854. Arbitrage rules not to apply to prepayments for natural gas.

         Subtitle F--Electric Utility Restructuring Provisions

Sec. 855. Modifications to special rules for nuclear decommissioning 
                            costs.
Sec. 856. Treatment of certain income of cooperatives.
Sec. 857. Sales or dispositions to implement Federal Energy Regulatory 
                            Commission or State electric restructuring 
                            policy.

            Subtitle G--Volumetric Ethanol Excise Tax Credit

Sec. 860. Short title.
Sec. 861. Alcohol and biodiesel excise tax credit and extension of 
                            alcohol fuels income tax credit.
Sec. 862. Biodiesel income tax credit.

                   Subtitle H--Fuel Fraud Prevention

Sec. 870. Short title.

                       Part I--Aviation Jet Fuel

Sec. 871. Taxation of aviation-grade kerosene.
Sec. 872. Transfer of certain amounts from the Airport and Airway Trust 
                            Fund to the Highway Trust Fund to reflect 
                            highway use of jet fuel.

                           Part II--Dyed Fuel

Sec. 873. Dye injection equipment.
Sec. 874. Elimination of administrative review for taxable use of dyed 
                            fuel.
Sec. 875. Penalty on untaxed chemically altered dyed fuel mixtures.
Sec. 876. Termination of dyed diesel use by intercity buses.

       Part III--Modification of Inspection of Records Provisions

Sec. 877. Authority to inspect on-site records.
Sec. 878. Assessable penalty for refusal of entry.

            Part IV--Registration and Reporting Requirements

Sec. 879. Registration of pipeline or vessel operators required for 
                            exemption of bulk transfers to registered 
                            terminals or refineries.
Sec. 880. Display of registration.
Sec. 881. Registration of persons within foreign trade zones.
Sec. 882. Penalties for failure to register and failure to report.
Sec. 883. Information reporting for persons claiming certain tax 
                            benefits.

                            Part V--Imports

Sec. 884. Tax at point of entry where importer not registered.
Sec. 885. Reconciliation of on-loaded cargo to entered cargo.

                   Part VI--Miscellaneous Provisions

Sec. 886. Tax on sale of diesel fuel whether suitable for use or not in 
                            a diesel-powered vehicle or train.
Sec. 887. Modification of ultimate vendor refund claims with respect to 
                            farming.
Sec. 888. Taxable fuel refunds for certain ultimate vendors.
Sec. 889. Two-party exchanges.
Sec. 890. Modifications of tax on use of certain vehicles.
Sec. 891. Dedication of revenues from certain penalties to the Highway 
                            Trust Fund.
Sec. 892. Nonapplication of export exemption to delivery of fuel to 
                            motor vehicles removed from United States.

                     Part VII--Total Accountability

Sec. 893. Total accountability.
Sec. 894. Excise tax reporting.
Sec. 895. Information reporting.

                      Subtitle I--Mobile Machinery

Sec. 896. Treatment of mobile machinery.

                   Subtitle J--Additional Provisions

Sec. 897. Study of effectiveness of certain provisions by GAO.
Sec. 898. Repeal of 4.3-cent motor fuel excise taxes on railroads and 
                            inland waterway transportation which remain 
                            in general fund.
Sec. 899. Distributions from publicly traded partnerships treated as 
                            qualifying income of regulated investment 
                            companies.
Sec. 899A. Certain business related credits allowed against regular and 
                            minimum tax.
Sec. 899B. Credit for qualifying pollution control equipment.
Sec. 899C. Electric transmission property treated as 15-year property.

                  TITLE IX--HOMESTEAD PRESERVATION ACT

Sec. 901. Short Title.
Sec. 902. Mortgage payment assistance.

     TITLE X--OFFICE OF FEDERAL PROCUREMENT POLICY ACT IMPROVEMENTS

Sec. 1001. Report on acquisitions of goods from foreign sources.

                TITLE XI--PROVISIONS RELATING TO TOBACCO

       Subtitle A--Family Smoking Prevention and Tobacco Control

Sec. 1101. Short title.
Sec. 1102. Findings.
Sec. 1103. Purpose.
Sec. 1104. Scope and effect.
Sec. 1105. Severability.

        CHAPTER 1--AUTHORITY OF THE FOOD AND DRUG ADMINISTRATION

Sec. 1111. Amendment of Federal Food, Drug, and Cosmetic Act.
Sec. 1112. Interim final rule.
Sec. 1113. Conforming and other amendments to general provisions.

CHAPTER 2--TOBACCO PRODUCT WARNINGS; CONSTITUENT AND SMOKE CONSTITUENT 
                               DISCLOSURE

Sec. 1121. Cigarette label and advertising warnings.
Sec. 1122. Authority to revise cigarette warning label statements.
Sec. 1123. State regulation of cigarette advertising and promotion.
Sec. 1124. Smokeless tobacco labels and advertising warnings.
Sec. 1125. Authority to revise smokeless tobacco product warning label 
                            statements.
Sec. 1126. Tar, nicotine, and other smoke constituent disclosure to the 
                            public.

       CHAPTER 3--PREVENTION OF ILLICIT TRADE IN TOBACCO PRODUCTS

Sec. 1131. Labeling, recordkeeping, records inspection.
Sec. 1132. Study and report.

                 Subtitle B--Tobacco Market Transition

Sec. 1140. Short title of subtitle.

           CHAPTER 1--TERMINATION OF CURRENT TOBACCO PROGRAMS

Sec. 1141. Termination of Tobacco Production Adjustment Programs.
Sec. 1142. Termination of Tobacco Price Support Program.
Sec. 1143. Liability.

                     CHAPTER 2--TOBACCO ASSISTANCE

Sec. 1151. Tobacco assistance.
Sec. 1152. Tobacco insurance research and development.
Sec. 1153. Conforming amendments.

                       CHAPTER 3--IMPLEMENTATION

Sec. 1161. Regulations.
Sec. 1162. Effective Date.

        TITLE I--PROVISIONS RELATING TO REPEAL OF EXCLUSION FOR 
                        EXTRATERRITORIAL INCOME

SEC. 101. REPEAL OF EXCLUSION FOR EXTRATERRITORIAL INCOME.

    (a) In General.--Section 114 is hereby repealed.
    (b) Conforming Amendments.--
            (1)(A) Subpart E of part III of subchapter N of chapter 1 
        (relating to qualifying foreign trade income) is hereby 
        repealed.
            (B) The table of subparts for such part III is amended by 
        striking the item relating to subpart E.
            (2) The table of sections for part III of subchapter B of 
        chapter 1 is amended by striking the item relating to section 
        114.
            (3) The second sentence of section 56(g)(4)(B)(i) is 
        amended by striking ``114 or''.
            (4) Section 275(a) is amended--
                    (A) by inserting ``or'' at the end of paragraph 
                (4)(A), by striking ``or'' at the end of paragraph 
                (4)(B) and inserting a period, and by striking 
                subparagraph (C), and
                    (B) by striking the last sentence.
            (5) Paragraph (3) of section 864(e) is amended--
                    (A) by striking:
            ``(3) Tax-exempt assets not taken into account.--
                    ``(A) In general.--For purposes of''; and 
                inserting:
            ``(3) Tax-exempt assets not taken into account.--For 
        purposes of'', and
                    (B) by striking subparagraph (B).
            (6) Section 903 is amended by striking ``114, 164(a),'' and 
        inserting ``164(a)''.
            (7) Section 999(c)(1) is amended by striking 
        ``941(a)(5),''.
    (c) Effective Date.--
            (1) In general.--The amendments made by this section shall 
        apply to transactions occurring after the date of the enactment 
        of this Act.
            (2) Binding contracts.--The amendments made by this section 
        shall not apply to any transaction in the ordinary course of a 
        trade or business which occurs pursuant to a binding contract--
                    (A) which is between the taxpayer and a person who 
                is not a related person (as defined in section 
                943(b)(3) of the Internal Revenue Code of 1986, as in 
                effect on the day before the date of the enactment of 
                this Act), and
                    (B) which is in effect on September 17, 2003, and 
                at all times thereafter.
    (d) Revocation of Section 943(e) Elections.--
            (1) In general.--In the case of a corporation that elected 
        to be treated as a domestic corporation under section 943(e) of 
        the Internal Revenue Code of 1986 (as in effect on the day 
        before the date of the enactment of this Act)--
                    (A) the corporation may, during the 1-year period 
                beginning on the date of the enactment of this Act, 
                revoke such election, effective as of such date of 
                enactment, and
                    (B) if the corporation does revoke such election--
                            (i) such corporation shall be treated as a 
                        domestic corporation transferring (as of such 
                        date of enactment) all of its property to a 
                        foreign corporation in connection with an 
                        exchange described in section 354 of such Code, 
                        and
                            (ii) no gain or loss shall be recognized on 
                        such transfer.
            (2) Exception.--Subparagraph (B)(ii) of paragraph (1) shall 
        not apply to gain on any asset held by the revoking corporation 
        if--
                    (A) the basis of such asset is determined in whole 
                or in part by reference to the basis of such asset in 
                the hands of the person from whom the revoking 
                corporation acquired such asset,
                    (B) the asset was acquired by transfer (not as a 
                result of the election under section 943(e) of such 
                Code) occurring on or after the 1st day on which its 
                election under section 943(e) of such Code was 
                effective, and
                    (C) a principal purpose of the acquisition was the 
                reduction or avoidance of tax (other than a reduction 
                in tax under section 114 of such Code, as in effect on 
                the day before the date of the enactment of this Act).
    (e) General Transition.--
            (1) In general.--In the case of a taxable year ending after 
        the date of the enactment of this Act and beginning before 
        January 1, 2007, for purposes of chapter 1 of such Code, a 
        current FSC/ETI beneficiary shall be allowed a deduction equal 
        to the transition amount determined under this subsection with 
        respect to such beneficiary for such year.
            (2) Current fsc/eti beneficiary.--The term ``current FSC/
        ETI beneficiary'' means any corporation which entered into one 
        or more transactions during its taxable year beginning in 
        calendar year 2002 with respect to which FSC/ETI benefits were 
        allowable.
            (3) Transition amount.--For purposes of this subsection--
                    (A) In general.--The transition amount applicable 
                to any current FSC/ETI beneficiary for any taxable year 
                is the phaseout percentage of the base period amount.
                    (B) Phaseout percentage.--
                            (i) In general.--In the case of a taxpayer 
                        using the calendar year as its taxable year, 
                        the phaseout percentage shall be determined 
                        under the following table:

                                                The phaseout
            Years:                              percentage is:
                2005...............
                                                         80 
                2006...............
                                                         60.
                            (ii) Special rule for 2004.--The phaseout 
                        percentage for 2004 shall be the amount that 
                        bears the same ratio to 80 percent as the 
                        number of days after the date of the enactment 
                        of this Act bears to 366.
                            (iii) Special rule for fiscal year 
                        taxpayers.--In the case of a taxpayer not using 
                        the calendar year as its taxable year, the 
                        phaseout percentage is the weighted average of 
                        the phaseout percentages determined under the 
                        preceding provisions of this paragraph with 
                        respect to calendar years any portion of which 
                        is included in the taxpayer's taxable year. The 
                        weighted average shall be determined on the 
                        basis of the respective portions of the taxable 
                        year in each calendar year.
                    (C) Short taxable year.--The Secretary shall 
                prescribe guidance for the computation of the 
                transition amount in the case of a short taxable year.
            (4) Base period amount.--For purposes of this subsection, 
        the base period amount is the average FSC/ETI benefit for the 
        taxpayer's taxable years beginning in calendar years 2000, 
        2001, and 2002.
            (5) FSC/ETI benefit.--For purposes of this subsection, the 
        term ``FSC/ETI benefit'' means--
                    (A) amounts excludable from gross income under 
                section 114 of such Code, and
                    (B) the exempt foreign trade income of related 
                foreign sales corporations from property acquired from 
                the taxpayer (determined without regard to section 
                923(a)(5) of such Code (relating to special rule for 
                military property), as in effect on the day before the 
                date of the enactment of the FSC Repeal and 
                Extraterritorial Income Exclusion Act of 2000).
        In determining the FSC/ETI benefit there shall be excluded any 
        amount attributable to a transaction with respect to which the 
        taxpayer is the lessor unless the leased property was 
        manufactured or produced in whole or in significant part by the 
        taxpayer.
            (6) Special rule for agricultural and horticultural 
        cooperatives.--Determinations under this subsection with 
        respect to an organization described in section 943(g)(1) of 
        such Code, as in effect on the day before the date of the 
        enactment of this Act, shall be made at the cooperative level 
        and the purposes of this subsection shall be carried out in a 
        manner similar to section 199(h)(2) of such Code, as added by 
        this Act. Such determinations shall be in accordance with such 
        requirements and procedures as the Secretary may prescribe.
            (7) Certain rules to apply.--Rules similar to the rules of 
        section 41(f) of such Code shall apply for purposes of this 
        subsection.
            (8) Coordination with binding contract rule.--The deduction 
        determined under paragraph (1) for any taxable year shall be 
        reduced by the phaseout percentage of any FSC/ETI benefit 
        realized for the taxable year by reason of subsection (c)(2) or 
        section 5(c)(1)(B) of the FSC Repeal and Extraterritorial 
        Income Exclusion Act of 2000, except that for purposes of this 
        paragraph the phaseout percentage for 2004 shall be treated as 
        being equal to 100 percent.
            (9) Special rule for taxable year which includes date of 
        enactment.--In the case of a taxable year which includes the 
        date of the enactment of this Act, the deduction allowed under 
        this subsection to any current FSC/ETI beneficiary shall in no 
        event exceed--
                    (A) 100 percent of such beneficiary's base period 
                amount for calendar year 2004, reduced by
                    (B) the FSC/ETI benefit of such beneficiary with 
                respect to transactions occurring during the portion of 
                the taxable year ending on the date of the enactment of 
                this Act.

SEC. 102. DEDUCTION RELATING TO INCOME ATTRIBUTABLE TO UNITED STATES 
              PRODUCTION ACTIVITIES.

    (a) In General.--Part VI of subchapter B of chapter 1 (relating to 
itemized deductions for individuals and corporations) is amended by 
adding at the end the following new section:

``SEC. 199. INCOME ATTRIBUTABLE TO DOMESTIC PRODUCTION ACTIVITIES.

    ``(a) Allowance of Deduction.--
            ``(1) In general.--There shall be allowed as a deduction an 
        amount equal to 9 percent of the qualified production 
        activities income of the taxpayer for the taxable year.
            ``(2) Phasein.--In the case of taxable years beginning in 
        2004, 2005, 2006, 2007, or 2008, paragraph (1) shall be applied 
        by substituting for the percentage contained therein the 
        transition percentage determined under the following table:

            ``Taxable years                     The transition
            beginning in:                       percentage is:
                2004, 2005, or 2006
                                                        5 
                2007...............
                                                        6 
                2008...............
                                                        7.
    ``(b) Deduction Limited to Wages Paid.--
            ``(1) In general.--The amount of the deduction allowable 
        under subsection (a) for any taxable year shall not exceed 50 
        percent of the W-2 wages of the employer for the taxable year.
            ``(2) W-2 wages.--For purposes of paragraph (1), the term 
        `W-2 wages' means the sum of the aggregate amounts the taxpayer 
        is required to include on statements under paragraphs (3) and 
        (8) of section 6051(a) with respect to employment of employees 
        of the taxpayer during the taxpayer's taxable year.
            ``(3) Special rules.--
                    ``(A) Pass-thru entities.--In the case of an S 
                corporation, partnership, estate or trust, or other 
                pass-thru entity, the limitation under this subsection 
                shall apply at the entity level. The preceding sentence 
                shall not apply to any entity all of the ownership 
                interests of which are held directly or indirectly by 
                members of the same expanded affiliated group.
                    ``(B) Acquisitions and dispositions.--The Secretary 
                shall provide for the application of this subsection in 
                cases where the taxpayer acquires, or disposes of, the 
                major portion of a trade or business or the major 
                portion of a separate unit of a trade or business 
                during the taxable year.
    ``(c) Qualified Production Activities Income.--For purposes of this 
section--
            ``(1) In general.--The term `qualified production 
        activities income' means an amount equal to the portion of the 
        modified taxable income of the taxpayer which is attributable 
        to domestic production activities.
            ``(2) Reduction for taxable years beginning before 2013.--
        The amount otherwise determined under paragraph (1) (the 
        `unreduced amount') shall not exceed--
                    ``(A) in the case of taxable years beginning before 
                2010, the product of the unreduced amount and the 
                domestic/worldwide fraction, and
                    ``(B) in the case of taxable years beginning in 
                2010, 2011, or 2012, an amount equal to the sum of--
                            ``(i) the product of the unreduced amount 
                        and the domestic/worldwide fraction, plus
                            ``(ii) the applicable percentage of an 
                        amount equal to the unreduced amount minus the 
                        amount determined under clause (i).
        For purposes of subparagraph (B)(ii), the applicable percentage 
        is 25 percent for 2010, 50 percent for 2011, and 75 percent for 
        2012.
    ``(d) Determination of Income Attributable to Domestic Production 
Activities.--For purposes of this section--
            ``(1) In general.--The portion of the modified taxable 
        income which is attributable to domestic production activities 
        is so much of the modified taxable income for the taxable year 
        as does not exceed--
                    ``(A) the taxpayer's domestic production gross 
                receipts for such taxable year, reduced by
                    ``(B) the sum of--
                            ``(i) the costs of goods sold that are 
                        allocable to such receipts,
                            ``(ii) other deductions, expenses, or 
                        losses directly allocable to such receipts, and
                            ``(iii) a proper share of other deductions, 
                        expenses, and losses that are not directly 
                        allocable to such receipts or another class of 
                        income.
            ``(2) Allocation method.--The Secretary shall prescribe 
        rules for the proper allocation of items of income, deduction, 
        expense, and loss for purposes of determining income 
        attributable to domestic production activities.
            ``(3) Special rules for determining costs.--
                    ``(A) In general.--For purposes of determining 
                costs under clause (i) of paragraph (1)(B), any item or 
                service brought into the United States shall be treated 
                as acquired by purchase, and its cost shall be treated 
                as not less than its fair market value immediately 
                after it entered the United States. A similar rule 
                shall apply in determining the adjusted basis of leased 
                or rented property where the lease or rental gives rise 
                to domestic production gross receipts.
                    ``(B) Exports for further manufacture.--In the case 
                of any property described in subparagraph (A) that had 
                been exported by the taxpayer for further manufacture, 
                the increase in cost or adjusted basis under 
                subparagraph (A) shall not exceed the difference 
                between the value of the property when exported and the 
                value of the property when brought back into the United 
                States after the further manufacture.
            ``(4) Modified taxable income.--The term `modified taxable 
        income' means taxable income computed without regard to the 
        deduction allowable under this section.
    ``(e) Domestic Production Gross Receipts.--For purposes of this 
section--
            ``(1) In general.--The term `domestic production gross 
        receipts' means the gross receipts of the taxpayer which are 
        derived from--
                    ``(A) any sale, exchange, or other disposition of, 
                or
                    ``(B) any lease, rental, or license of,
        qualifying production property which was manufactured, 
        produced, grown, or extracted in whole or in significant part 
        by the taxpayer within the United States.
            ``(2) Special rules for certain property.--In the case of 
        any qualifying production property described in subsection 
        (f)(1)(C)--
                    ``(A) such property shall be treated for purposes 
                of paragraph (1) as produced in significant part by the 
                taxpayer within the United States if more than 50 
                percent of the aggregate development and production 
                costs are incurred by the taxpayer within the United 
                States, and
                    ``(B) if a taxpayer acquires such property before 
                such property begins to generate substantial gross 
                receipts, any development or production costs incurred 
                before the acquisition shall be treated as incurred by 
                the taxpayer for purposes of subparagraph (A) and 
                paragraph (1).
            ``(3) Gross receipts from use of films and video tape.--In 
        the case of any qualifying production property which is 
        property described in section 168(f)(3) produced in whole or in 
        significant part by the taxpayer within the United States 
        (determined after application of paragraph (2)), domestic 
        production gross receipts shall include gross receipts derived 
        by the taxpayer from the use of the property by the taxpayer.
    ``(f) Qualifying Production Property.--For purposes of this 
section--
            ``(1) In general.--Except as otherwise provided in this 
        paragraph, the term `qualifying production property' means--
                    ``(A) any tangible personal property,
                    ``(B) any computer software, and
                    ``(C) any property described in section 168(f) (3) 
                or (4), including any underlying copyright or 
                trademark.
            ``(2) Exclusions from qualifying production property.--The 
        term `qualifying production property' shall not include--
                    ``(A) consumable property that is sold, leased, or 
                licensed by the taxpayer as an integral part of the 
                provision of services,
                    ``(B) oil or gas,
                    ``(C) electricity,
                    ``(D) water supplied by pipeline to the consumer,
                    ``(E) utility services, or
                    ``(F) any film, tape, recording, book, magazine, 
                newspaper, or similar property the market for which is 
                primarily topical or otherwise essentially transitory 
                in nature.
Subparagraph (F) shall not apply to property described in section 
168(f)(3) to the extent of the gross receipts from the use of the 
property to which subsection (e)(3) applies (determined after 
application of this sentence).
    ``(g) Domestic/Worldwide Fraction.--For purposes of this section--
            ``(1) In general.--The term `domestic/worldwide fraction' 
        means a fraction (not greater than 1)--
                    ``(A) the numerator of which is the value of the 
                domestic production of the taxpayer, and
                    ``(B) the denominator of which is the value of the 
                worldwide production of the taxpayer.
            ``(2) Value of domestic production.--The value of domestic 
        production is the excess (if any) of--
                    ``(A) the domestic production gross receipts, over
                    ``(B) the cost of purchased inputs allocable to 
                such receipts that are deductible under this chapter 
                for the taxable year.
            ``(3) Purchased inputs.--
                    ``(A) In general.--Purchased inputs are any of the 
                following items acquired by purchase:
                            ``(i) Services (other than services of 
                        employees) used in manufacture, production, 
                        growth, or extraction activities.
                            ``(ii) Items consumed in connection with 
                        such activities.
                            ``(iii) Items incorporated as part of the 
                        property being manufactured, produced, grown, 
                        or extracted.
                    ``(B) Special rule.--Rules similar to the rules of 
                subsection (d)(3) shall apply for purposes of this 
                subsection.
            ``(4) Value of worldwide production.--
                    ``(A) In general.--The value of worldwide 
                production shall be determined under the principles of 
                paragraph (2), except that--
                            ``(i) worldwide production gross receipts 
                        shall be taken into account, and
                            ``(ii) paragraph (3)(B) shall not apply.
                    ``(B) Worldwide production gross receipts.--The 
                worldwide production gross receipts is the amount that 
                would be determined under subsection (e) if such 
                subsection were applied without any reference to the 
                United States.
    ``(h) Definitions and Special Rules.--
            ``(1) Application of section to pass-thru entities.--In the 
        case of an S corporation, partnership, estate or trust, or 
        other pass-thru entity--
                    ``(A) subject to the provisions of paragraph (2) 
                and subsection (b)(3)(A), this section shall be applied 
                at the shareholder, partner, or similar level, and
                    ``(B) the Secretary shall prescribe rules for the 
                application of this section, including rules relating 
                to--
                            ``(i) restrictions on the allocation of the 
                        deduction to taxpayers at the partner or 
                        similar level, and
                            ``(ii) additional reporting requirements.
            ``(2) Patrons of agricultural and horticultural 
        cooperatives.--
                    ``(A) In general.--If any amount described in 
                paragraph (1) or (3) of section 1385 (a)--
                            ``(i) is received by a person from an 
                        organization to which part I of subchapter T 
                        applies which is engaged--
                                    ``(I) in the manufacturing, 
                                production, growth, or extraction in 
                                whole or significant part of any 
                                agricultural or horticultural product, 
                                or
                                    ``(II) in the marketing of 
                                agricultural or horticultural products, 
                                and
                            ``(ii) is allocable to the portion of the 
                        qualified production activities income of the 
                        organization which, but for this paragraph, 
                        would be deductible under subsection (a) by the 
                        organization and is designated as such by the 
                        organization in a written notice mailed to its 
                        patrons during the payment period described in 
                        section 1382(d),
                then such person shall be allowed a deduction under 
                subsection (a) with respect to such amount. The taxable 
                income of the organization shall not be reduced under 
                section 1382 by reason of any amount to which the 
                preceding sentence applies.
                    ``(B) Special rules.--For purposes of applying 
                subparagraph (A), in determining the qualified 
                production activities income of the organization under 
                this section--
                            ``(i) there shall not be taken into account 
                        in computing the organization's modified 
                        taxable income any deduction allowable under 
                        subsection (b) or (c) of section 1382 (relating 
                        to patronage dividends, per-unit retain 
                        allocations, and nonpatronage distributions), 
                        and
                            ``(ii) in the case of an organization 
                        described in subparagraph (A)(i)(II), the 
                        organization shall be treated as having 
                        manufactured, produced, grown, or extracted in 
                        whole or significant part any qualifying 
                        production property marketed by the 
                        organization which its patrons have so 
                        manufactured, produced, grown, or extracted.
            ``(3) Special rule for affiliated groups.--
                    ``(A) In general.--All members of an expanded 
                affiliated group shall be treated as a single 
                corporation for purposes of this section.
                    ``(B) Expanded affiliated group.--The term 
                `expanded affiliated group' means an affiliated group 
                as defined in section 1504(a), determined--
                            ``(i) by substituting `50 percent' for `80 
                        percent' each place it appears, and
                            ``(ii) without regard to paragraphs (2) and 
                        (4) of section 1504(b).
                For purposes of determining the domestic/worldwide 
                fraction under subsection (g), clause (ii) shall be 
                applied by also disregarding paragraphs (3) and (8) of 
                section 1504(b).
            ``(4) Coordination with minimum tax.--The deduction under 
        this section shall be allowed for purposes of the tax imposed 
        by section 55; except that for purposes of section 55, 
        alternative minimum taxable income shall be taken into account 
        in determining the deduction under this section.
            ``(5) Ordering rule.--The amount of any other deduction 
        allowable under this chapter shall be determined as if this 
        section had not been enacted.
            ``(6) Trade or business requirement.--This section shall be 
        applied by only taking into account items which are 
        attributable to the actual conduct of a trade or business.
            ``(7) Possessions, etc.--
                    ``(A) In general.--For purposes of subsections (d) 
                and (e), the term `United States' includes the 
                Commonwealth of Puerto Rico, Guam, American Samoa, the 
                Commonwealth of the Northern Mariana Islands, and the 
                Virgin Islands of the United States.
                    ``(B) Special rules for applying wage limitation.--
                For purposes of applying the limitation under 
                subsection (b) for any taxable year--
                            ``(i) the determination of W-2 wages of a 
                        taxpayer shall be made without regard to any 
                        exclusion under section 3401(a)(8) for 
                        remuneration paid for services performed in a 
                        jurisdiction described in subparagraph (A), and
                            ``(ii) in determining the amount of any 
                        credit allowable under section 30A or 936 for 
                        the taxable year, there shall not be taken into 
                        account any wages which are taken into account 
                        in applying such limitation.
            ``(8) Coordination with transition rules.--For purposes of 
        this section--
                    ``(A) domestic production gross receipts shall not 
                include gross receipts from any transaction if the 
                binding contract transition relief of section 101(c)(2) 
                of the Jumpstart Our Business Strength (JOBS) Act 
                applies to such transaction, and
                    ``(B) any deduction allowed under section 101(e) of 
                such Act shall be disregarded in determining the 
                portion of the taxable income which is attributable to 
                domestic production gross receipts.
            ``(9) Separate application to films and videotape.--
                    ``(A) In general.--In the case of qualifying 
                production property described in section 168(f)(3), the 
                deduction under this section shall be determined 
                separately with respect to qualified production 
                activities income of the taxpayer allocable to each of 
                the following markets with respect to such property:
                            ``(i) Theatrical.
                            ``(ii) Broadcast television (including 
                        cable, foreign, pay-per-view, and syndication).
                            ``(iii) Home video.
                    ``(B) Rules for separate determination.--Except as 
                provided in subparagraph (C)--
                            ``(i) any computation required to determine 
                        the amount of the deduction with respect to any 
                        of the markets described in subparagraph (A) 
                        shall be made by only taking into account items 
                        properly allocable to such market, including 
                        the computation of qualified production 
                        activities income, modified taxable income, and 
                        the domestic/worldwide fraction, and
                            ``(ii) such items shall not be taken into 
                        account in determining the deduction with 
                        respect to either of the other 2 markets or 
                        with respect to qualified production activities 
                        income of the taxpayer not allocable to any of 
                        such markets.
                    ``(C) Wage limitation.--This paragraph shall not 
                apply for purposes of subsection (b) and subsection (b) 
                shall be applied after the application of this 
                paragraph.''
    (b) Minimum Tax.--Section 56(g)(4)(C) (relating to disallowance of 
items not deductible in computing earnings and profits) is amended by 
adding at the end the following new clause:
                            ``(v) Deduction for domestic production.--
                        Clause (i) shall not apply to any amount 
                        allowable as a deduction under section 199.''.
    (c) Clerical Amendment.--The table of sections for part VI of 
subchapter B of chapter 1 is amended by adding at the end the following 
new item:

                              ``Sec. 199. Income attributable to 
                                        domestic production 
                                        activities.''.
    (d) Effective Date.--
            (1) In general.--The amendments made by this section shall 
        apply to taxable years ending after the date of the enactment 
        of this Act.
            (2) Application of section 15.--Section 15 of the Internal 
        Revenue Code of 1986 shall apply to the amendments made by this 
        section as if they were changes in a rate of tax.

SEC. 103. DEDUCTION FOR UNITED STATES PRODUCTION ACTIVITIES INCLUDES 
              INCOME RELATED TO CERTAIN ARCHITECTURAL AND ENGINEERING 
              SERVICES.

    (a) In General.--Paragraph (1) of section 199(e) (relating to 
domestic production gross receipts), as added by section 102, is 
amended to read as follows:
            ``(1) In general.--
                    ``(A) Receipts from qualifying production 
                property.--The term `domestic production gross 
                receipts' means the gross receipts of the taxpayer 
                which are derived from--
                            ``(i) any sale, exchange, or other 
                        disposition of, or
                            ``(ii) any lease, rental, or license of,
                qualifying production property which was manufactured, 
                produced, grown, or extracted in whole or in 
                significant part by the taxpayer within the United 
                States.
                    ``(B) Receipts from certain services.--
                            ``(i) In general.--Such term also includes 
                        the applicable percentage of gross receipts of 
                        the taxpayer which are derived from any 
                        engineering or architectural services performed 
                        in the United States for construction projects 
                        in the United States.
                            ``(ii) Applicable percentage.--For purposes 
                        of clause (i), the applicable percentage shall 
                        be determined under the following table:

``In the case of any taxable year   The applicable percentage is--
        beginning in--
    2004, 2005, 2006, 2007, or 2008...............                  25 
    2009, 2010, 2011, or 2012.....................                  50 
    2013 or thereafter............................                 100.

    (b) Limitation of Employer Deduction for Certain Entertainment 
Expenses with Respect to Covered Employees.--Paragraph (2) of section 
274(e) (relating to expenses treated as compensation) is amended to 
read as follows:
            ``(2) Expenses treated as compensation.--Expenses for 
        goods, services, and facilities--
                    ``(A) in the case of a covered employee (within the 
                meaning of section 162(m)(3)), to the extent that the 
                expenses do not exceed the amount of the expenses 
                treated by the taxpayer, with respect to the recipient 
                of the entertainment, amusement, or recreation, as 
                compensation to such covered employee on the taxpayer's 
                return of tax under this chapter and as wages to such 
                covered employee for purposes of chapter 24 (relating 
                to withholding of income tax at source on wages), and
                    ``(B) in the case of any other employee, to the 
                extent that the expenses are treated by the taxpayer, 
                with respect to the recipient of the entertainment, 
                amusement, or recreation, as compensation to such 
                employee on the taxpayer's return of tax under this 
                chapter and as wages to such employee for purposes of 
                chapter 24 (relating to withholding of income tax at 
                source on wages).''.
    (c) Effective Dates.--
            (1) Subsection (a).--The amendment made by subsection (a) 
        shall apply to taxable years ending after the date of the 
        enactment of this Act, and section 15 of the Internal Revenue 
        Code of 1986 shall apply to the amendment made by this 
        subsection as if it were a change in the rate of tax.
            (2) Subsection (b).--The amendment made by subsection (b) 
        shall apply to expenses incurred after the date of the 
        enactment of this Act and before January 1, 2006.

                 TITLE II--INTERNATIONAL TAX PROVISIONS

                  Subtitle A--International Tax Reform

SEC. 201. 20-YEAR FOREIGN TAX CREDIT CARRYOVER; 1-YEAR FOREIGN TAX 
              CREDIT CARRYBACK.

    (a) General Rule.--Section 904(c) (relating to carryback and 
carryover of excess tax paid) is amended--
            (1) by striking ``in the second preceding taxable year,'', 
        and
            (2) by striking ``, and in the first, second, third, 
        fourth, or fifth'' and inserting ``and in any of the first 
        20''.
    (b) Excess Extraction Taxes.--Paragraph (1) of section 907(f) is 
amended--
            (1) by striking ``in the second preceding taxable year,'',
            (2) by striking ``, and in the first, second, third, 
        fourth, or fifth'' and inserting ``and in any of the first 
        20'', and
            (3) by striking the last sentence.
    (c) Effective Date.--
            (1) Carryback.--The amendments made by subsections (a)(1) 
        and (b)(1) shall apply to excess foreign taxes arising in 
        taxable years beginning after the date of the enactment of this 
        Act.
            (2) Carryover.--The amendments made by subsections (a)(2) 
        and (b)(2) shall apply to excess foreign taxes which (without 
        regard to the amendments made by this section) may be carried 
        to any taxable year ending after the date of the enactment of 
        this Act.

SEC. 202. LOOK-THRU RULES TO APPLY TO DIVIDENDS FROM NONCONTROLLED 
              SECTION 902 CORPORATIONS.

    (a) In General.--Section 904(d)(4) (relating to look-thru rules 
apply to dividends from noncontrolled section 902 corporations) is 
amended to read as follows:
            ``(4) Look-thru applies to dividends from noncontrolled 
        section 902 corporations.--
                    ``(A) In general.--For purposes of this subsection, 
                any dividend from a noncontrolled section 902 
                corporation with respect to the taxpayer shall be 
                treated as income described in a subparagraph of 
                paragraph (1) in proportion to the ratio of--
                            ``(i) the portion of earnings and profits 
                        attributable to income described in such 
                        subparagraph, to
                            ``(ii) the total amount of earnings and 
                        profits.
                    ``(B) Earnings and profits of controlled foreign 
                corporations.--In the case of any distribution from a 
                controlled foreign corporation to a United States 
                shareholder, rules similar to the rules of subparagraph 
                (A) shall apply in determining the extent to which 
                earnings and profits of the controlled foreign 
                corporation which are attributable to dividends 
                received from a noncontrolled section 902 corporation 
                may be treated as income in a separate category.
                    ``(C) Special rules.--For purposes of this 
                paragraph--
                            ``(i) Earnings and profits.--
                                    ``(I) In general.--The rules of 
                                section 316 shall apply.
                                    ``(II) Regulations.--The Secretary 
                                may prescribe regulations regarding the 
                                treatment of distributions out of 
                                earnings and profits for periods before 
                                the taxpayer's acquisition of the stock 
                                to which the distributions relate.
                            ``(ii) Inadequate substantiation.--If the 
                        Secretary determines that the proper 
                        subparagraph of paragraph (1) in which a 
                        dividend is described has not been 
                        substantiated, such dividend shall be treated 
                        as income described in paragraph (1)(A).
                            ``(iii) Coordination with high-taxed income 
                        provisions.--Rules similar to the rules of 
                        paragraph (3)(F) shall apply for purposes of 
                        this paragraph.
                            ``(iv) Look-thru with respect to carryover 
                        of credit.--Rules similar to subparagraph (A) 
                        also shall apply to any carryforward under 
                        subsection (c) from a taxable year beginning 
                        before January 1, 2003, of tax allocable to a 
                        dividend from a noncontrolled section 902 
                        corporation with respect to the taxpayer. The 
                        Secretary may by regulations provide for the 
                        allocation of any carryback of tax allocable to 
                        a dividend from a noncontrolled section 902 
                        corporation to such a taxable year for purposes 
                        of allocating such dividend among the separate 
                        categories in effect for such taxable year.''.
    (b) Conforming Amendments.--
            (1) Subparagraph (E) of section 904(d)(1) is hereby 
        repealed.
            (2) Section 904(d)(2)(C)(iii) is amended by adding ``and'' 
        at the end of subclause (I), by striking subclause (II), and by 
        redesignating subclause (III) as subclause (II).
            (3) The last sentence of section 904(d)(2)(D) is amended to 
        read as follows: ``Such term does not include any financial 
        services income.''.
            (4) Section 904(d)(2)(E) is amended--
                    (A) by inserting ``or (4)'' after ``paragraph (3)'' 
                in clause (i), and
                    (B) by striking clauses (ii) and (iv) and by 
                redesignating clause (iii) as clause (ii).
            (5) Section 904(d)(3)(F) is amended by striking ``(D), or 
        (E)'' and inserting ``or (D)''.
            (6) Section 864(d)(5)(A)(i) is amended by striking 
        ``(C)(iii)(III)'' and inserting ``(C)(iii)(II)''.
    (c) Effective Date.--The amendments made by this section shall 
apply to taxable years beginning after December 31, 2002.

SEC. 203. FOREIGN TAX CREDIT UNDER ALTERNATIVE MINIMUM TAX.

    (a) In General.--
            (1) Subsection (a) of section 59 is amended by striking 
        paragraph (2) and by redesignating paragraphs (3) and (4) as 
        paragraphs (2) and (3), respectively.
            (2) Section 53(d)(1)(B)(i)(II) is amended by striking ``and 
        if section 59(a)(2) did not apply''.
    (b) Effective Date.--The amendments made by this section shall 
apply to taxable years beginning after December 31, 2004.

SEC. 204. RECHARACTERIZATION OF OVERALL DOMESTIC LOSS.

    (a) General Rule.--Section 904 is amended by redesignating 
subsections (g), (h), (i), (j), and (k) as subsections (h), (i), (j), 
(k), and (l) respectively, and by inserting after subsection (f) the 
following new subsection:
    ``(g) Recharacterization of Overall Domestic Loss.--
            ``(1) General rule.--For purposes of this subpart and 
        section 936, in the case of any taxpayer who sustains an 
        overall domestic loss for any taxable year beginning after 
        December 31, 2006, that portion of the taxpayer's taxable 
        income from sources within the United States for each 
        succeeding taxable year which is equal to the lesser of--
                    ``(A) the amount of such loss (to the extent not 
                used under this paragraph in prior taxable years), or
                    ``(B) 50 percent of the taxpayer's taxable income 
                from sources within the United States for such 
                succeeding taxable year,
        shall be treated as income from sources without the United 
        States (and not as income from sources within the United 
        States).
            ``(2) Overall domestic loss defined.--For purposes of this 
        subsection--
                    ``(A) In general.--The term `overall domestic loss' 
                means any domestic loss to the extent such loss offsets 
                taxable income from sources without the United States 
                for the taxable year or for any preceding taxable year 
                by reason of a carryback. For purposes of the preceding 
                sentence, the term `domestic loss' means the amount by 
                which the gross income for the taxable year from 
                sources within the United States is exceeded by the sum 
                of the deductions properly apportioned or allocated 
                thereto (determined without regard to any carryback 
                from a subsequent taxable year).
                    ``(B) Taxpayer must have elected foreign tax credit 
                for year of loss.--The term `overall domestic loss' 
                shall not include any loss for any taxable year unless 
                the taxpayer chose the benefits of this subpart for 
                such taxable year.
            ``(3) Characterization of subsequent income.--
                    ``(A) In general.--Any income from sources within 
                the United States that is treated as income from 
                sources without the United States under paragraph (1) 
                shall be allocated among and increase the income 
                categories in proportion to the loss from sources 
                within the United States previously allocated to those 
                income categories.
                    ``(B) Income category.--For purposes of this 
                paragraph, the term `income category' has the meaning 
                given such term by subsection (f)(5)(E)(i).
            ``(4) Coordination with subsection (f).--The Secretary 
        shall prescribe such regulations as may be necessary to 
        coordinate the provisions of this subsection with the 
        provisions of subsection (f).''.
    (b) Conforming Amendments.--
            (1) Section 535(d)(2) is amended by striking ``section 
        904(g)(6)'' and inserting ``section 904(h)(6)''.
            (2) Subparagraph (A) of section 936(a)(2) is amended by 
        striking ``section 904(f)'' and inserting ``subsections (f) and 
        (g) of section 904''.
    (c) Effective Date.--The amendments made by this section shall 
apply to losses for taxable years beginning after December 31, 2006.

SEC. 205. INTEREST EXPENSE ALLOCATION RULES.

    (a) Election To Allocate on Worldwide Basis.--Section 864 is 
amended by redesignating subsection (f) as subsection (g) and by 
inserting after subsection (e) the following new subsection:
    ``(f) Election To Allocate Interest, etc. on Worldwide Basis.--For 
purposes of this subchapter, at the election of the worldwide 
affiliated group--
            ``(1) Allocation and apportionment of interest expense.--
                    ``(A) In general.--The taxable income of each 
                domestic corporation which is a member of a worldwide 
                affiliated group shall be determined by allocating and 
                apportioning interest expense of each member as if all 
                members of such group were a single corporation.
                    ``(B) Treatment of worldwide affiliated group.--The 
                taxable income of the domestic members of a worldwide 
                affiliated group from sources outside the United States 
                shall be determined by allocating and apportioning the 
                interest expense of such domestic members to such 
                income in an amount equal to the excess (if any) of--
                            ``(i) the total interest expense of the 
                        worldwide affiliated group multiplied by the 
                        ratio which the foreign assets of the worldwide 
                        affiliated group bears to all the assets of the 
                        worldwide affiliated group, over
                            ``(ii) the interest expense of all foreign 
                        corporations which are members of the worldwide 
                        affiliated group to the extent such interest 
                        expense of such foreign corporations would have 
                        been allocated and apportioned to foreign 
                        source income if this subsection were applied 
                        to a group consisting of all the foreign 
                        corporations in such worldwide affiliated 
                        group.
                    ``(C) Worldwide affiliated group.--For purposes of 
                this paragraph, the term `worldwide affiliated group' 
                means a group consisting of--
                            ``(i) the includible members of an 
                        affiliated group (as defined in section 
                        1504(a), determined without regard to 
                        paragraphs (2) and (4) of section 1504(b)), and
                            ``(ii) all controlled foreign corporations 
                        in which such members in the aggregate meet the 
                        ownership requirements of section 1504(a)(2) 
                        either directly or indirectly through applying 
                        paragraph (2) of section 958(a) or through 
                        applying rules similar to the rules of such 
                        paragraph to stock owned directly or indirectly 
                        by domestic partnerships, trusts, or estates.
            ``(2) Allocation and apportionment of other expenses.--
        Expenses other than interest which are not directly allocable 
        or apportioned to any specific income producing activity shall 
        be allocated and apportioned as if all members of the 
        affiliated group were a single corporation. For purposes of the 
        preceding sentence, the term `affiliated group' has the meaning 
        given such term by section 1504 (determined without regard to 
        paragraph (4) of section 1504(b)).
            ``(3) Treatment of tax-exempt assets; basis of stock in 
        nonaffiliated 10-percent owned corporations.--The rules of 
        paragraphs (3) and (4) of subsection (e) shall apply for 
        purposes of this subsection, except that paragraph (4) shall be 
        applied on a worldwide affiliated group basis.
            ``(4) Treatment of certain financial institutions.--
                    ``(A) In general.--For purposes of paragraph (1), 
                any corporation described in subparagraph (B) shall be 
                treated as an includible corporation for purposes of 
                section 1504 only for purposes of applying this 
                subsection separately to corporations so described.
                    ``(B) Description.--A corporation is described in 
                this subparagraph if--
                            ``(i) such corporation is a financial 
                        institution described in section 581 or 591,
                            ``(ii) the business of such financial 
                        institution is predominantly with persons other 
                        than related persons (within the meaning of 
                        subsection (d)(4)) or their customers, and
                            ``(iii) such financial institution is 
                        required by State or Federal law to be operated 
                        separately from any other entity which is not 
                        such an institution.
                    ``(C) Treatment of bank and financial holding 
                companies.--To the extent provided in regulations--
                            ``(i) a bank holding company (within the 
                        meaning of section 2(a) of the Bank Holding 
                        Company Act of 1956 (12 U.S.C. 1841(a)),
                            ``(ii) a financial holding company (within 
                        the meaning of section 2(p) of the Bank Holding 
                        Company Act of 1956 (12 U.S.C. 1841(p)), and
                            ``(iii) any subsidiary of a financial 
                        institution described in section 581 or 591, or 
                        of any such bank or financial holding company, 
                        if such subsidiary is predominantly engaged 
                        (directly or indirectly) in the active conduct 
                        of a banking, financing, or similar business,
                shall be treated as a corporation described in 
                subparagraph (B).
            ``(5) Election to expand financial institution group of 
        worldwide group.--
                    ``(A) In general.--If a worldwide affiliated group 
                elects the application of this subsection, all 
                financial corporations which--
                            ``(i) are members of such worldwide 
                        affiliated group, but
                            ``(ii) are not corporations described in 
                        paragraph (4)(B),
                shall be treated as described in paragraph (4)(B) for 
                purposes of applying paragraph (4)(A). This subsection 
                (other than this paragraph) shall apply to any such 
                group in the same manner as this subsection (other than 
                this paragraph) applies to the pre-election worldwide 
                affiliated group of which such group is a part.
                    ``(B) Financial corporation.--For purposes of this 
                paragraph, the term `financial corporation' means any 
                corporation if at least 80 percent of its gross income 
                is income described in section 904(d)(2)(C)(ii) and the 
                regulations thereunder which is derived from 
                transactions with persons who are not related (within 
                the meaning of section 267(b) or 707(b)(1)) to the 
                corporation. For purposes of the preceding sentence, 
                there shall be disregarded any item of income or gain 
                from a transaction or series of transactions a 
                principal purpose of which is the qualification of any 
                corporation as a financial corporation.
                    ``(C) Antiabuse rules.--In the case of a 
                corporation which is a member of an electing financial 
                institution group, to the extent that such 
                corporation--
                            ``(i) distributes dividends or makes other 
                        distributions with respect to its stock after 
                        the date of the enactment of this paragraph to 
                        any member of the pre-election worldwide 
                        affiliated group (other than to a member of the 
                        electing financial institution group) in excess 
                        of the greater of--
                                    ``(I) its average annual dividend 
                                (expressed as a percentage of current 
                                earnings and profits) during the 5-
                                taxable-year period ending with the 
                                taxable year preceding the taxable 
                                year, or
                                    ``(II) 25 percent of its average 
                                annual earnings and profits for such 5-
                                taxable-year period, or
                            ``(ii) deals with any person in any manner 
                        not clearly reflecting the income of the 
                        corporation (as determined under principles 
                        similar to the principles of section 482),
                an amount of indebtedness of the electing financial 
                institution group equal to the excess distribution or 
                the understatement or overstatement of income, as the 
                case may be, shall be recharacterized (for the taxable 
                year and subsequent taxable years) for purposes of this 
                paragraph as indebtedness of the worldwide affiliated 
                group (excluding the electing financial institution 
                group). If a corporation has not been in existence for 
                5 taxable years, this subparagraph shall be applied 
                with respect to the period it was in existence.
                    ``(D) Election.--An election under this paragraph 
                with respect to any financial institution group may be 
                made only by the common parent of the pre-election 
                worldwide affiliated group and may be made only for the 
                first taxable year beginning after December 31, 2008, 
                in which such affiliated group includes 1 or more 
                financial corporations. Such an election, once made, 
                shall apply to all financial corporations which are 
                members of the electing financial institution group for 
                such taxable year and all subsequent years unless 
                revoked with the consent of the Secretary.
                    ``(E) Definitions relating to groups.--For purposes 
                of this paragraph--
                            ``(i) Pre-election worldwide affiliated 
                        group.--The term `pre-election worldwide 
                        affiliated group' means, with respect to a 
                        corporation, the worldwide affiliated group of 
                        which such corporation would (but for an 
                        election under this paragraph) be a member for 
                        purposes of applying paragraph (1).
                            ``(ii) Electing financial institution 
                        group.--The term `electing financial 
                        institution group' means the group of 
                        corporations to which this subsection applies 
                        separately by reason of the application of 
                        paragraph (4)(A) and which includes financial 
                        corporations by reason of an election under 
                        subparagraph (A).
                    ``(F) Regulations.--The Secretary shall prescribe 
                such regulations as may be appropriate to carry out 
                this subsection, including regulations--
                            ``(i) providing for the direct allocation 
                        of interest expense in other circumstances 
                        where such allocation would be appropriate to 
                        carry out the purposes of this subsection,
                            ``(ii) preventing assets or interest 
                        expense from being taken into account more than 
                        once, and
                            ``(iii) dealing with changes in members of 
                        any group (through acquisitions or otherwise) 
                        treated under this paragraph as an affiliated 
                        group for purposes of this subsection.
            ``(6) Election.--An election to have this subsection apply 
        with respect to any worldwide affiliated group may be made only 
        by the common parent of the domestic affiliated group referred 
        to in paragraph (1)(C) and may be made only for the first 
        taxable year beginning after December 31, 2008, in which a 
        worldwide affiliated group exists which includes such 
        affiliated group and at least 1 foreign corporation. Such an 
        election, once made, shall apply to such common parent and all 
        other corporations which are members of such worldwide 
        affiliated group for such taxable year and all subsequent years 
        unless revoked with the consent of the Secretary.''.
    (b) Expansion of Regulatory Authority.--Paragraph (7) of section 
864(e) is amended--
            (1) by inserting before the comma at the end of 
        subparagraph (B) ``and in other circumstances where such 
        allocation would be appropriate to carry out the purposes of 
        this subsection'', and
            (2) by striking ``and'' at the end of subparagraph (E), by 
        redesignating subparagraph (F) as subparagraph (G), and by 
        inserting after subparagraph (E) the following new 
        subparagraph:
                    ``(F) preventing assets or interest expense from 
                being taken into account more than once, and''.
    (c) Effective Date.--The amendments made by this section shall 
apply to taxable years beginning after December 31, 2008.

SEC. 206. DETERMINATION OF FOREIGN PERSONAL HOLDING COMPANY INCOME WITH 
              RESPECT TO TRANSACTIONS IN COMMODITIES.

    (a) In General.--Clauses (i) and (ii) of section 954(c)(1)(C) 
(relating to commodity transactions) are amended to read as follows:
                            ``(i) arise out of commodity hedging 
                        transactions (as defined in paragraph (4)(A)),
                            ``(ii) are active business gains or losses 
                        from the sale of commodities, but only if 
                        substantially all of the controlled foreign 
                        corporation's commodities are property 
                        described in paragraph (1), (2), or (8) of 
                        section 1221(a), or''.
    (b) Definition and Special Rules.--Subsection (c) of section 954 is 
amended by adding after paragraph (3) the following new paragraph:
            ``(4) Definition and special rules relating to commodity 
        transactions.--
                    ``(A) Commodity hedging transactions.--For purposes 
                of paragraph (1)(C)(i), the term `commodity hedging 
                transaction' means any transaction with respect to a 
                commodity if such transaction--
                            ``(i) is a hedging transaction as defined 
                        in section 1221(b)(2), determined--
                                    ``(I) without regard to 
                                subparagraph (A)(ii) thereof,
                                    ``(II) by applying subparagraph 
                                (A)(i) thereof by substituting 
                                `ordinary property or property 
                                described in section 1231(b)' for 
                                `ordinary property', and
                                    ``(III) by substituting `controlled 
                                foreign corporation' for `taxpayer' 
                                each place it appears, and
                            ``(ii) is clearly identified as such in 
                        accordance with section 1221(a)(7).
                    ``(B) Treatment of dealer activities under 
                paragraph (1)(C).--Commodities with respect to which 
                gains and losses are not taken into account under 
                paragraph (2)(C) in computing a controlled foreign 
                corporation's foreign personal holding company income 
                shall not be taken into account in applying the 
                substantially all test under paragraph (1)(C)(ii) to 
                such corporation.
                    ``(C) Regulations.--The Secretary shall prescribe 
                such regulations as are appropriate to carry out the 
                purposes of paragraph (1)(C) in the case of 
                transactions involving related parties.''.
    (c) Modification of Exception for Dealers.--Clause (i) of section 
954(c)(2)(C) is amended by inserting ``and transactions involving 
physical settlement'' after ``(including hedging transactions''.
    (d) Effective Date.--The amendments made by this section shall 
apply to transactions entered into after December 31, 2004.

              Subtitle B--International Tax Simplification

SEC. 211. REPEAL OF FOREIGN PERSONAL HOLDING COMPANY RULES AND FOREIGN 
              INVESTMENT COMPANY RULES.

    (a) General Rule.--The following provisions are hereby repealed:
            (1) Part III of subchapter G of chapter 1 (relating to 
        foreign personal holding companies).
            (2) Section 1246 (relating to gain on foreign investment 
        company stock).
            (3) Section 1247 (relating to election by foreign 
        investment companies to distribute income currently).
    (b) Exemption of Foreign Corporations From Personal Holding Company 
Rules.--
            (1) In general.--Subsection (c) of section 542 (relating to 
        exceptions) is amended--
                    (A) by striking paragraph (5) and inserting the 
                following:
            ``(5) a foreign corporation,'',
                    (B) by striking paragraphs (7) and (10) and by 
                redesignating paragraphs (8) and (9) as paragraphs (7) 
                and (8), respectively,
                    (C) by inserting ``and'' at the end of paragraph 
                (7) (as so redesignated), and
                    (D) by striking ``; and'' at the end of paragraph 
                (8) (as so redesignated) and inserting a period.
            (2) Treatment of income from personal service contracts.--
        Paragraph (1) of section 954(c) is amended by adding at the end 
        the following new subparagraph:
                    ``(I) Personal service contracts.--
                            ``(i) Amounts received under a contract 
                        under which the corporation is to furnish 
                        personal services if--
                                    ``(I) some person other than the 
                                corporation has the right to designate 
                                (by name or by description) the 
                                individual who is to perform the 
                                services, or
                                    ``(II) the individual who is to 
                                perform the services is designated (by 
                                name or by description) in the 
                                contract, and
                            ``(ii) amounts received from the sale or 
                        other disposition of such a contract.
                This subparagraph shall apply with respect to amounts 
                received for services under a particular contract only 
                if at some time during the taxable year 25 percent or 
                more in value of the outstanding stock of the 
                corporation is owned, directly or indirectly, by or for 
                the individual who has performed, is to perform, or may 
                be designated (by name or by description) as the one to 
                perform, such services.''.
    (c) Conforming Amendments.--
            (1) Section 1(h) is amended--
                    (A) in paragraph (10), by inserting ``and'' at the 
                end of subparagraph (F), by striking subparagraph (G), 
                and by redesignating subparagraph (H) as subparagraph 
                (G), and
                    (B) by striking ``a foreign personal holding 
                company (as defined in section 552), a foreign 
                investment company (as defined in section 1246(b)), 
                or'' in paragraph (11)(C)(iii).
            (2) Section 163(e)(3)(B), as amended by section 453(a) of 
        this Act, is amended by striking ``which is a foreign personal 
        holding company (as defined in section 552), a controlled 
        foreign corporation (as defined in section 957), or'' and 
        inserting ``which is a controlled foreign corporation (as 
        defined in section 957) or''.
            (3) Paragraph (2) of section 171(c) is amended--
                    (A) by striking ``, or by a foreign personal 
                holding company, as defined in section 552'', and
                    (B) by striking ``, or foreign personal holding 
                company''.
            (4) Paragraph (2) of section 245(a) is amended by striking 
        ``foreign personal holding company or''.
            (5) Section 267(a)(3)(B), as amended by section 453(a) of 
        this Act, is amended by striking ``to a foreign personal 
        holding company (as defined in section 552), a controlled 
        foreign corporation (as defined in section 957), or'' and 
        inserting ``to a controlled foreign corporation (as defined in 
        section 957) or''.
            (6) Section 312 is amended by striking subsection (j).
            (7) Subsection (m) of section 312 is amended by striking 
        ``, a foreign investment company (within the meaning of section 
        1246(b)), or a foreign personal holding company (within the 
        meaning of section 552)''.
            (8) Subsection (e) of section 443 is amended by striking 
        paragraph (3) and by redesignating paragraphs (4) and (5) as 
        paragraphs (3) and (4), respectively.
            (9) Subparagraph (B) of section 465(c)(7) is amended by 
        adding ``or'' at the end of clause (i), by striking clause 
        (ii), and by redesignating clause (iii) as clause (ii).
            (10) Paragraph (1) of section 543(b) is amended by 
        inserting ``and'' at the end of subparagraph (A), by striking 
        ``, and'' at the end of subparagraph (B) and inserting a 
        period, and by striking subparagraph (C).
            (11) Paragraph (1) of section 562(b) is amended by striking 
        ``or a foreign personal holding company described in section 
        552''.
            (12) Section 563 is amended--
                    (A) by striking subsection (c),
                    (B) by redesignating subsection (d) as subsection 
                (c), and
                    (C) by striking ``subsection (a), (b), or (c)'' in 
                subsection (c) (as so redesignated) and inserting 
                ``subsection (a) or (b)''.
            (13) Subsection (d) of section 751 is amended by adding 
        ``and'' at the end of paragraph (2), by striking paragraph (3), 
        by redesignating paragraph (4) as paragraph (3), and by 
        striking ``paragraph (1), (2), or (3)'' in paragraph (3) (as so 
        redesignated) and inserting ``paragraph (1) or (2)''.
            (14) Paragraph (2) of section 864(d) is amended by striking 
        subparagraph (A) and by redesignating subparagraphs (B) and (C) 
        as subparagraphs (A) and (B), respectively.
            (15)(A) Subparagraph (A) of section 898(b)(1) is amended to 
        read as follows:
                    ``(A) which is treated as a controlled foreign 
                corporation for any purpose under subpart F of part III 
                of this subchapter, and''.
            (B) Subparagraph (B) of section 898(b)(2) is amended by 
        striking ``and sections 551(f) and 554, whichever are 
        applicable,''.
            (C) Paragraph (3) of section 898(b) is amended to read as 
        follows:
            ``(3) United states shareholder.--The term `United States 
        shareholder' has the meaning given to such term by section 
        951(b), except that, in the case of a foreign corporation 
        having related person insurance income (as defined in section 
        953(c)(2)), the Secretary may treat any person as a United 
        States shareholder for purposes of this section if such person 
        is treated as a United States shareholder under section 
        953(c)(1).''.
            (D) Subsection (c) of section 898 is amended to read as 
        follows:
    ``(c) Determination of Required Year.--
            ``(1) In general.--The required year is--
                    ``(A) the majority U.S. shareholder year, or
                    ``(B) if there is no majority U.S. shareholder 
                year, the taxable year prescribed under regulations.
            ``(2) 1-month deferral allowed.--A specified foreign 
        corporation may elect, in lieu of the taxable year under 
        paragraph (1)(A), a taxable year beginning 1 month earlier than 
        the majority U.S. shareholder year.
            ``(3) Majority u.s. shareholder year.--
                    ``(A) In general.--For purposes of this subsection, 
                the term `majority U.S. shareholder year' means the 
                taxable year (if any) which, on each testing day, 
                constituted the taxable year of--
                            ``(i) each United States shareholder 
                        described in subsection (b)(2)(A), and
                            ``(ii) each United States shareholder not 
                        described in clause (i) whose stock was treated 
                        as owned under subsection (b)(2)(B) by any 
                        shareholder described in such clause.
                    ``(B) Testing day.--The testing days shall be--
                            ``(i) the first day of the corporation's 
                        taxable year (determined without regard to this 
                        section), or
                            ``(ii) the days during such representative 
                        period as the Secretary may prescribe.''.
            (16) Clause (ii) of section 904(d)(2)(A) is amended to read 
        as follows:
                            ``(ii) Certain amounts included.--Except as 
                        provided in clause (iii), the term `passive 
                        income' includes, except as provided in 
                        subparagraph (E)(iii) or paragraph (3)(I), any 
                        amount includible in gross income under section 
                        1293 (relating to certain passive foreign 
                        investment companies).''.
            (17)(A) Subparagraph (A) of section 904(g)(1), as 
        redesignated by section 204, is amended by adding ``or'' at the 
        end of clause (i), by striking clause (ii), and by 
        redesignating clause (iii) as clause (ii).
            (B) The paragraph heading of paragraph (2) of section 
        904(g), as so redesignated, is amended by striking ``foreign 
        personal holding or''.
            (18) Section 951 is amended by striking subsections (c) and 
        (d) and by redesignating subsections (e) and (f) as subsections 
        (c) and (d), respectively.
            (19) Paragraph (3) of section 989(b) is amended by striking 
        ``, 551(a),''.
            (20) Paragraph (5) of section 1014(b) is amended by 
        inserting ``and before January 1, 2005,'' after ``August 26, 
        1937,''.
            (21) Subsection (a) of section 1016 is amended by striking 
        paragraph (13).
            (22)(A) Paragraph (3) of section 1212(a) is amended to read 
        as follows:
            ``(3) Special rules on carrybacks.--A net capital loss of a 
        corporation shall not be carried back under paragraph (1)(A) to 
        a taxable year--
                    ``(A) for which it is a regulated investment 
                company (as defined in section 851), or
                    ``(B) for which it is a real estate investment 
                trust (as defined in section 856).''.
            (B) The amendment made by subparagraph (A) shall apply to 
        taxable years beginning after December 31, 2004.
            (23) Section 1223 is amended by striking paragraph (10) and 
        by redesignating the following paragraphs accordingly.
            (24) Subsection (d) of section 1248 is amended by striking 
        paragraph (5) and by redesignating paragraphs (6) and (7) as 
        paragraphs (5) and (6), respectively.
            (25) Paragraph (2) of section 1260(c) is amended by 
        striking subparagraphs (H) and (I) and by redesignating 
        subparagraph (J) as subparagraph (H).
            (26)(A) Subparagraph (F) of section 1291(b)(3) is amended 
        by striking ``551(d), 959(a),'' and inserting ``959(a)''.
            (B) Subsection (e) of section 1291 is amended by inserting 
        ``(as in effect on the day before the date of the enactment of 
        the Jumpstart Our Business Strength (JOBS) Act)'' after 
        ``section 1246''.
            (27) Paragraph (2) of section 1294(a) is amended to read as 
        follows:
            ``(2) Election not permitted where amounts otherwise 
        includible under section 951.--The taxpayer may not make an 
        election under paragraph (1) with respect to the undistributed 
        PFIC earnings tax liability attributable to a qualified 
        electing fund for the taxable year if any amount is includible 
        in the gross income of the taxpayer under section 951 with 
        respect to such fund for such taxable year.''.
            (28) Section 6035 is hereby repealed.
            (29) Subparagraph (D) of section 6103(e)(1) is amended by 
        striking clause (iv) and redesignating clauses (v) and (vi) as 
        clauses (iv) and (v), respectively.
            (30) Subparagraph (B) of section 6501(e)(1) is amended to 
        read as follows:
                    ``(B) Constructive dividends.--If the taxpayer 
                omits from gross income an amount properly includible 
                therein under section 951(a), the tax may be assessed, 
                or a proceeding in court for the collection of such tax 
                may be done without assessing, at any time within 6 
                years after the return was filed.''.
            (31) Subsection (a) of section 6679 is amended--
                    (A) by striking ``6035, 6046, and 6046A'' in 
                paragraph (1) and inserting ``6046 and 6046A'', and
                    (B) by striking paragraph (3).
            (32) Sections 170(f)(10)(A), 508(d), 4947, and 4948(c)(4) 
        are each amended by striking ``556(b)(2),'' each place it 
        appears.
            (33) The table of parts for subchapter G of chapter 1 is 
        amended by striking the item relating to part III.
            (34) The table of sections for part IV of subchapter P of 
        chapter 1 is amended by striking the items relating to sections 
        1246 and 1247.
            (35) The table of sections for subpart A of part III of 
        subchapter A of chapter 61 is amended by striking the item 
        relating to section 6035.
    (d) Effective Dates.--
            (1) In general.--Except as provided in paragraph (2), the 
        amendments made by this section shall apply to taxable years of 
        foreign corporations beginning after December 31, 2004, and to 
        taxable years of United States shareholders with or within 
        which such taxable years of foreign corporations end.
            (2) Subsection (c)(29).--The amendments made by subsection 
        (c)(29) shall apply to disclosures of return or return 
        information with respect to taxable years beginning after 
        December 31, 2004.

SEC. 212. EXPANSION OF DE MINIMIS RULE UNDER SUBPART F.

    (a) In General.--Clause (ii) of section 954(b)(3)(A) (relating to 
de minimis, etc., rules) is amended by striking ``$1,000,000'' and 
inserting ``$5,000,000''.
    (b) Technical Amendments.--
            (1) Clause (ii) of section 864(d)(5)(A) is amended by 
        striking ``$1,000,000'' and inserting ``$5,000,000''.
            (2) Clause (i) of section 881(c)(5)(A) is amended by 
        striking ``$1,000,000'' and inserting ``$5,000,000''.
    (c) Effective Date.--The amendments made by this section shall 
apply to taxable years of foreign corporations beginning after December 
31, 2004, and to taxable years of United States shareholders with or 
within which such taxable years of foreign corporations end.

SEC. 213. ATTRIBUTION OF STOCK OWNERSHIP THROUGH PARTNERSHIPS TO APPLY 
              IN DETERMINING SECTION 902 AND 960 CREDITS.

    (a) In General.--Subsection (c) of section 902 is amended by 
redesignating paragraph (7) as paragraph (8) and by inserting after 
paragraph (6) the following new paragraph:
            ``(7) Constructive ownership through partnerships.--Stock 
        owned, directly or indirectly, by or for a partnership shall be 
        considered as being owned proportionately by its partners. 
        Stock considered to be owned by a person by reason of the 
        preceding sentence shall, for purposes of applying such 
        sentence, be treated as actually owned by such person. The 
        Secretary may prescribe such regulations as may be necessary to 
        carry out the purposes of this paragraph, including rules to 
        account for special partnership allocations of dividends, 
        credits, and other incidents of ownership of stock in 
        determining proportionate ownership.''.
    (b) Clarification of Comparable Attribution Under Section 
901(b)(5).--Paragraph (5) of section 901(b) is amended by striking 
``any individual'' and inserting ``any person''.
    (c) Effective Date.--The amendments made by this section shall 
apply to taxes of foreign corporations for taxable years of such 
corporations beginning after the date of the enactment of this Act.

SEC. 214. APPLICATION OF UNIFORM CAPITALIZATION RULES TO FOREIGN 
              PERSONS.

    (a) In General.--Section 263A(c) (relating to exceptions) is 
amended by adding at the end the following new paragraph:
            ``(7) Foreign persons.--Except for purposes of applying 
        sections 871(b)(1) and 882(a)(1), this section shall not apply 
        to any taxpayer who is not a United States person if such 
        taxpayer capitalizes costs of produced property or property 
        acquired for resale by applying the method used to ascertain 
        the income, profit, or loss for purposes of reports or 
        statements to shareholders, partners, other proprietors, or 
        beneficiaries, or for credit purposes.''.
    (b) Effective Date.--
            (1) In general.--The amendment made by subsection (a) shall 
        apply to taxable years beginning after December 31, 2004.
            (2) Change in method of accounting.--In the case of any 
        taxpayer required by the amendment made by this section to 
        change its method of accounting for its first taxable year 
        beginning after December 31, 2004--
                    (A) such change shall be treated as initiated by 
                the taxpayer,
                    (B) such change shall be treated as made with the 
                consent of the Secretary of the Treasury, and
                    (C) the net amount of the adjustments required to 
                be taken into account by the taxpayer under section 481 
                of the Internal Revenue Code of 1986 shall be taken 
                into account in such first year.

SEC. 215. REPEAL OF WITHHOLDING TAX ON DIVIDENDS FROM CERTAIN FOREIGN 
              CORPORATIONS.

    (a) In General.--Paragraph (2) of section 871(i) (relating to tax 
not to apply to certain interest and dividends) is amended by adding at 
the end the following new subparagraph:
                    ``(D) Dividends paid by a foreign corporation which 
                are treated under section 861(a)(2)(B) as income from 
                sources within the United States.''.
    (b) Effective Date.--The amendment made by this section shall apply 
to payments made after December 31, 2004.

SEC. 216. REPEAL OF SPECIAL CAPITAL GAINS TAX ON ALIENS PRESENT IN THE 
              UNITED STATES FOR 183 DAYS OR MORE.

    (a) In General.--Subsection (a) of section 871 is amended by 
striking paragraph (2) and by redesignating paragraph (3) as paragraph 
(2).
    (b) Conforming Amendment.--Section 1441(g) is amended is amended by 
striking ``section 871(a)(3)'' and inserting ``section 871(a)(2)''.
    (c) Effective Date.--The amendments made by this section shall 
apply to taxable years beginning after December 31, 2003.

          Subtitle C--Additional International Tax Provisions

SEC. 221. ACTIVE LEASING INCOME FROM AIRCRAFT AND VESSELS.

    (a) In General.--Section 954(c)(2) is amended by adding at the end 
the following new subparagraph:
                    ``(D) Certain rents, etc.--
                            ``(i) In general.--Foreign personal holding 
                        company income shall not include qualified 
                        leasing income derived from or in connection 
                        with the leasing or rental of any aircraft or 
                        vessel.
                            ``(ii) Qualified leasing income.--For 
                        purposes of this subparagraph, the term 
                        `qualified leasing income' means rents and 
                        gains derived in the active conduct of a trade 
                        or business of leasing with respect to which 
                        the controlled foreign corporation conducts 
                        substantial activity, but only if--
                                    ``(I) the leased property is used 
                                by the lessee or other end-user in 
                                foreign commerce and predominantly 
                                outside the United States, and
                                    ``(II) the lessee or other end-user 
                                is not a related person (as defined in 
                                subsection (d)(3)).
                        Any amount not treated as foreign personal 
                        holding income under this subparagraph shall 
                        not be treated as foreign base company shipping 
                        income.''.
    (b) Conforming Amendment.--Section 954(c)(1)(B) is amended by 
inserting ``or (2)(D)'' after ``paragraph (2)(A)''.
    (c) Effective Date.--The amendments made by this section shall 
apply to taxable years of foreign corporations beginning after December 
31, 2005, and to taxable years of United States shareholders with or 
within which such taxable years of foreign corporations end.

SEC. 222. LOOK-THRU TREATMENT OF PAYMENTS BETWEEN RELATED CONTROLLED 
              FOREIGN CORPORATIONS UNDER FOREIGN PERSONAL HOLDING 
              COMPANY INCOME RULES.

    (a) In General.--Subsection (c) of section 954, as amended by this 
Act, is amended by adding after paragraph (4) the following new 
paragraph:
            ``(5) Look-thru in the case of related controlled foreign 
        corporations.--For purposes of this subsection, dividends, 
        interest, rents, and royalties received or accrued from a 
        controlled foreign corporation which is a related person (as 
        defined in subsection (b)(9)) shall not be treated as foreign 
        personal holding company income to the extent attributable or 
        properly allocable (determined under rules similar to the rules 
        of subparagraphs (C) and (D) of section 904(d)(3)) to income of 
        the related person which is not subpart F income (as defined in 
        section 952). For purposes of this paragraph, interest shall 
        include factoring income which is treated as income equivalent 
        to interest for purposes of paragraph (1)(E). The Secretary 
        shall prescribe such regulations as may be appropriate to 
        prevent the abuse of the purposes of this paragraph.''.
    (b) Effective Date.--The amendment made by this section shall apply 
to taxable years of foreign corporations beginning after December 31, 
2004, and to taxable years of United States shareholders with or within 
which such taxable years of foreign corporations end.

SEC. 223. LOOK-THRU TREATMENT FOR SALES OF PARTNERSHIP INTERESTS.

    (a) In General.--Section 954(c) (defining foreign personal holding 
company income), as amended by this Act, is amended by adding after 
paragraph (5) the following new paragraph:
            ``(6) Look-thru rule for certain partnership sales.--
                    ``(A) In general.--In the case of any sale by a 
                controlled foreign corporation of an interest in a 
                partnership with respect to which such corporation is a 
                25-percent owner, such corporation shall be treated for 
                purposes of this subsection as selling the 
                proportionate share of the assets of the partnership 
                attributable to such interest. The Secretary shall 
                prescribe such regulations as may be appropriate to 
                prevent abuse of the purposes of this paragraph, 
                including regulations providing for coordination of 
                this paragraph with the provisions of subchapter K.
                    ``(B) 25-percent owner.--For purposes of this 
                paragraph, the term `25-percent owner' means a 
                controlled foreign corporation which owns directly 25 
                percent or more of the capital or profits interest in a 
                partnership. For purposes of the preceding sentence, if 
                a controlled foreign corporation is a shareholder or 
                partner of a corporation or partnership, the controlled 
                foreign corporation shall be treated as owning directly 
                its proportionate share of any such capital or profits 
                interest held directly or indirectly by such 
                corporation or partnership''.
    (b) Effective Date.--The amendment made by this section shall apply 
to taxable years of foreign corporations beginning after December 31, 
2004, and to taxable years of United States shareholders with or within 
which such taxable years of foreign corporations end.

SEC. 224. ELECTION NOT TO USE AVERAGE EXCHANGE RATE FOR FOREIGN TAX 
              PAID OTHER THAN IN FUNCTIONAL CURRENCY.

    (a) In General.--Paragraph (1) of section 986(a) (relating to 
determination of foreign taxes and foreign corporation's earnings and 
profits) is amended by redesignating subparagraph (D) as subparagraph 
(E) and by inserting after subparagraph (C) the following new 
subparagraph:
                    ``(D) Elective exception for taxes paid other than 
                in functional currency.--
                            ``(i) In general.--At the election of the 
                        taxpayer, subparagraph (A) shall not apply to 
                        any foreign income taxes the liability for 
                        which is denominated in any currency other than 
                        in the taxpayer's functional currency.
                            ``(ii) Application to qualified business 
                        units.--An election under this subparagraph may 
                        apply to foreign income taxes attributable to a 
                        qualified business unit in accordance with 
                        regulations prescribed by the Secretary.
                            ``(iii) Election.--Any such election shall 
                        apply to the taxable year for which made and 
                        all subsequent taxable years unless revoked 
                        with the consent of the Secretary.''.
    (b) Effective Date.--The amendments made by this section shall 
apply to taxable years beginning after December 31, 2004.

SEC. 225. TREATMENT OF INCOME TAX BASE DIFFERENCES.

    (a) In General.--Paragraph (2) of section 904(d) is amended by 
redesignating subparagraphs (H) and (I) as subparagraphs (I) and (J), 
respectively, and by inserting after subparagraph (G) the following new 
subparagraph:
                    ``(H) Treatment of income tax base differences.--
                            ``(i) In general.--A taxpayer may elect to 
                        treat tax imposed under the law of a foreign 
                        country or possession of the United States on 
                        an amount which does not constitute income 
                        under United States tax principles as tax 
                        imposed on income described in subparagraph (C) 
                        or (I) of paragraph (1).
                            ``(ii) Election irrevocable.--Any such 
                        election shall apply to the taxable year for 
                        which made and all subsequent taxable years 
                        unless revoked with the consent of the 
                        Secretary.''.
    (b) Effective Date.--The amendments made by this section shall 
apply to taxable years ending after the date of the enactment of this 
Act.

SEC. 226. MODIFICATION OF EXCEPTIONS UNDER SUBPART F FOR ACTIVE 
              FINANCING.

    (a) In General.--Section 954(h)(3) is amended by adding at the end 
the following:
                    ``(E) Direct conduct of activities.--For purposes 
                of subparagraph (A)(ii)(II), an activity shall be 
                treated as conducted directly by an eligible controlled 
                foreign corporation or qualified business unit in its 
                home country if the activity is performed by employees 
                of a related person and--
                            ``(i) the related person is an eligible 
                        controlled foreign corporation the home country 
                        of which is the same as the home country of the 
                        corporation or unit to which subparagraph 
                        (A)(ii)(II) is being applied,
                            ``(ii) the activity is performed in the 
                        home country of the related person, and
                            ``(iii) the related person is compensated 
                        on an arm's-length basis for the performance of 
                        the activity by its employees and such 
                        compensation is treated as earned by such 
                        person in its home country for purposes of the 
                        home country's tax laws.''.
    (b) Effective Date.--The amendment made by this section shall apply 
to taxable years of such foreign corporations beginning after December 
31, 2004, and to taxable years of United States shareholders with or 
within which such taxable years of such foreign corporations end.

SEC. 227. UNITED STATES PROPERTY NOT TO INCLUDE CERTAIN ASSETS OF 
              CONTROLLED FOREIGN CORPORATION.

    (a) In General.--Section 956(c)(2) (relating to exceptions from 
property treated as United States property) is amended by striking 
``and'' at the end of subparagraph (J), by striking the period at the 
end of subparagraph (K) and inserting a semicolon, and by adding at the 
end the following new subparagraphs:
                    ``(L) securities acquired and held by a controlled 
                foreign corporation in the ordinary course of its 
                business as a dealer in securities if--
                            ``(i) the dealer accounts for the 
                        securities as securities held primarily for 
                        sale to customers in the ordinary course of 
                        business, and
                            ``(ii) the dealer disposes of the 
                        securities (or such securities mature while 
                        held by the dealer) within a period consistent 
                        with the holding of securities for sale to 
                        customers in the ordinary course of business; 
                        and
                    ``(M) an obligation of a United States person 
                which--
                            ``(i) is not a domestic corporation, and
                            ``(ii) is not--
                                    ``(I) a United States shareholder 
                                (as defined in section 951(b)) of the 
                                controlled foreign corporation, or
                                    ``(II) a partnership, estate, or 
                                trust in which the controlled foreign 
                                corporation, or any related person (as 
                                defined in section 954(d)(3)), is a 
                                partner, beneficiary, or trustee 
                                immediately after the acquisition of 
                                any obligation of such partnership, 
                                estate, or trust by the controlled 
                                foreign corporation.''.
    (b) Conforming Amendment.--Section 956(c)(2) is amended by striking 
``and (K)'' in the last sentence and inserting ``, (K), and (L)''.
    (c) Effective Date.--The amendments made by this section shall 
apply to taxable years of foreign corporations beginning after December 
31, 2004, and to taxable years of United States shareholders with or 
within which such taxable years of foreign corporations end.

SEC. 228. PROVIDE EQUAL TREATMENT FOR INTEREST PAID BY FOREIGN 
              PARTNERSHIPS AND FOREIGN CORPORATIONS.

    (a) In General.--Paragraph (1) of section 861(a) is amended by 
striking ``and'' at the end of subparagraph (A), by striking the period 
at the end of subparagraph (B) and inserting ``, and'', and by adding 
at the end the following new subparagraph:
                    ``(C) in the case of a foreign partnership, which 
                is predominantly engaged in the active conduct of a 
                trade or business outside the United States, any 
                interest not paid by a trade or business engaged in by 
                the partnership in the United States and not allocable 
                to income which is effectively connected (or treated as 
                effectively connected) with the conduct of a trade or 
                business in the United States.''.
    (b) Effective Date.--The amendments made by this section shall 
apply to taxable years beginning after December 31, 2003.

SEC. 229. CLARIFICATION OF TREATMENT OF CERTAIN TRANSFERS OF INTANGIBLE 
              PROPERTY.

    (a) In General.--Subparagraph (C) of section 367(d)(2) is amended 
by adding at the end the following new sentence: ``For purposes of 
applying section 904(d), any such amount shall be treated in the same 
manner as if such amount were a royalty.''.
    (b) Effective Date.--The amendment made by this section shall apply 
to amounts treated as received pursuant to section 367(d)(2) of the 
Internal Revenue Code of 1986 on or after August 5, 1997.

SEC. 230. MODIFICATION OF THE TREATMENT OF CERTAIN REIT DISTRIBUTIONS 
              ATTRIBUTABLE TO GAIN FROM SALES OR EXCHANGES OF UNITED 
              STATES REAL PROPERTY INTERESTS.

    (a) In General.--Paragraph (1) of section 897(h) (relating to look-
through of distributions) is amended by adding at the end the following 
new sentence: ``Notwithstanding the preceding sentence, any 
distribution by a REIT with respect to any class of stock which is 
regularly traded on an established securities market located in the 
United States shall not be treated as gain recognized from the sale or 
exchange of a United States real property interest if the shareholder 
did not own more than 5 percent of such class of stock at any time 
during the taxable year.''.
    (b) Conforming Amendment.--Paragraph (3) of section 857(b) 
(relating to capital gains) is amended by adding at the end the 
following new subparagraph:
                    ``(F) Certain distributions.--In the case of a 
                shareholder of a real estate investment trust to whom 
                section 897 does not apply by reason of the second 
                sentence of section 897(h)(1), the amount which would 
                be included in computing long-term capital gains for 
                such shareholder under subparagraph (B) or (D) (without 
                regard to this subparagraph)--
                            ``(i) shall not be included in computing 
                        such shareholder's long-term capital gains, and
                            ``(ii) shall be included in such 
                        shareholder's gross income as a dividend from 
                        the real estate investment trust.''.
    (c) Effective Date.--The amendments made by this section shall 
apply to taxable years beginning after the date of the enactment of 
this Act.

SEC. 231. TOLL TAX ON EXCESS QUALIFIED FOREIGN DISTRIBUTION AMOUNT.

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

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

    ``(a) Toll Tax Imposed on Excess Qualified Foreign Distribution 
Amount.--If a corporation elects the application of this section, a tax 
shall be imposed on the taxpayer in an amount equal to 5.25 percent 
of--
            ``(1) the taxpayer's excess qualified foreign distribution 
        amount, and
            ``(2) the amount determined under section 78 which is 
        attributable to such excess qualified foreign distribution 
        amount.
Such tax shall be imposed in lieu of the tax imposed under section 11 
or 55 on the amounts described in paragraphs (1) and (2) for the 
taxable year.
    ``(b) Excess Qualified Foreign Distribution Amount.--For purposes 
of this section--
            ``(1) In general.--The term `excess qualified foreign 
        distribution amount' means the excess (if any) of--
                    ``(A) the aggregate dividends received by the 
                taxpayer during the taxable year which are--
                            ``(i) from 1 or more corporations which are 
                        controlled foreign corporations in which the 
                        taxpayer is a United States shareholder on the 
                        date such dividends are paid, and
                            ``(ii) described in a domestic reinvestment 
                        plan which--
                                    ``(I) is approved by the taxpayer's 
                                president, chief executive officer, or 
                                comparable official before the payment 
                                of such dividends and subsequently 
                                approved by the taxpayer's board of 
                                directors, management committee, 
                                executive committee, or similar body, 
                                and
                                    ``(II) provides for the 
                                reinvestment of such dividends in the 
                                United States (other than as payment 
                                for executive compensation), including 
                                as a source for the funding of worker 
                                hiring and training, infrastructure, 
                                research and development, capital 
                                investments, or the financial 
                                stabilization of the corporation for 
                                the purposes of job retention or 
                                creation, over
                    ``(B) the base dividend amount.
            ``(2) Base dividend amount.--The term `base dividend 
        amount' means an amount designated under subsection (c)(7), but 
        not less than the average amount of dividends received during 
        the fixed base period from 1 or more corporations which are 
        controlled foreign corporations in which the taxpayer is a 
        United States shareholder on the date such dividends are paid.
            ``(3) Fixed base period.--
                    ``(A) In general.--The term `fixed base period' 
                means each of 3 taxable years which are among the 5 
                most recent taxable years of the taxpayer ending on or 
                before December 31, 2002, determined by disregarding--
                            ``(i) the 1 taxable year for which the 
                        taxpayer had the highest amount of dividends 
                        from 1 or more corporations which are 
                        controlled foreign corporations relative to the 
                        other 4 taxable years, and
                            ``(ii) the 1 taxable year for which the 
                        taxpayer had the lowest amount of dividends 
                        from such corporations relative to the other 4 
                        taxable years.
                    ``(B) Shorter period.--If the taxpayer has fewer 
                than 5 taxable years ending on or before December 31, 
                2002, then in lieu of applying subparagraph (A), the 
                fixed base period shall include all the taxable years 
                of the taxpayer ending on or before December 31, 2002.
    ``(c) Definitions and Special Rules.--For purposes of this 
section--
            ``(1) Dividends.--The term `dividend' has the meaning given 
        such term by section 316, except that the term shall include 
        amounts described in section 951(a)(1)(B), but shall not 
        include amounts described in sections 78 and 959.
            ``(2) Controlled foreign corporations and united states 
        shareholders.--The term `controlled foreign corporation' has 
        the meaning given such term by section 957(a) and the term 
        `United States shareholder' has the meaning given such term by 
        section 951(b).
            ``(3) Foreign tax credits.--The amount of any income, war, 
        profits, or excess profit taxes paid (or deemed paid under 
        sections 902 and 960) or accrued by the taxpayer with respect 
        to the excess qualified foreign distribution amount for which a 
        credit would be allowable under section 901 in the absence of 
        this section, shall be reduced by 85 percent. No deduction 
        shall be allowed under this chapter for the portion of any tax 
        for which credit is not allowable by reason of the preceding 
        sentence.
            ``(4) Foreign tax credit limitation.--For purposes of 
        section 904, there shall be disregarded 85 percent of--
                    ``(A) the excess qualified foreign distribution 
                amount,
                    ``(B) the amount determined under section 78 which 
                is attributable to such excess qualified foreign 
                distribution amount, and
                    ``(C) the amounts (including assets, gross income, 
                and other relevant bases of apportionment) which are 
                attributable to the excess qualified foreign 
                distribution amount which would, determined without 
                regard to this section, be used to apportion the 
                expenses, losses, and deductions of the taxpayer under 
                section 861 and 864 in determining its taxable income 
                from sources without the United States.
        For purposes of applying subparagraph (C), the principles of 
        section 864(e)(3)(A) shall apply.
            ``(5) Treatment of acquisitions and dispositions.--Rules 
        similar to the rules of section 41(f)(3) shall apply in the 
        case of acquisitions or dispositions of controlled foreign 
        corporations occurring on or after the first day of the 
        earliest taxable year taken into account in determining the 
        fixed base period.
            ``(6) Treatment of consolidated groups.--Members of an 
        affiliated group of corporations filing a consolidated return 
        under section 1501 shall be treated as a single taxpayer for 
        purposes of this section.
            ``(7) Designation of dividends.--Subject to subsection 
        (b)(2), the taxpayer shall designate the particular dividends 
        received during the taxable year from 1 or more corporations 
        which are controlled foreign corporations in which it is a 
        United States shareholder which are dividends excluded from the 
        excess qualified foreign distribution amount. The total amount 
        of such designated dividends shall equal the base dividend 
        amount.
            ``(8) Treatment of expenses, losses, and deductions.--Any 
        expenses, losses, or deductions of the taxpayer allowable under 
        subchapter B--
                    ``(A) shall not be applied to reduce the amounts 
                described in subsection (a)(1), and
                    ``(B) shall be applied to reduce other income of 
                the taxpayer (determined without regard to the amounts 
                described in subsection (a)(1)).
    ``(d) Election.--
            ``(1) In general.--An election under this section shall be 
        made on the taxpayer's timely filed income tax return for the 
        first taxable year (determined by taking extensions into 
        account) ending 120 days or more after the date of the 
        enactment of this section, and, once made, may be revoked only 
        with the consent of the Secretary.
            ``(2) All controlled foreign corporations.--The election 
        shall apply to all corporations which are controlled foreign 
        corporations in which the taxpayer is a United States 
        shareholder during the taxable year.
            ``(3) Consolidated groups.--If a taxpayer is a member of an 
        affiliated group of corporations filing a consolidated return 
        under section 1501 for the taxable year, an election under this 
        section shall be made by the common parent of the affiliated 
        group which includes the taxpayer and shall apply to all 
        members of the affiliated group.
    ``(e) Regulations.--The Secretary shall prescribe such regulations 
as may be necessary and appropriate to carry out the purposes of this 
section, including regulations under section 55 and regulations 
addressing corporations which, during the fixed base period or 
thereafter, join or leave an affiliated group of corporations filing a 
consolidated return.''.
    (b) Conforming Amendment.--The table of sections for subpart F of 
part III of subchapter N of chapter 1 is amended by adding at the end 
the following new item:

                              ``Sec. 965. Toll tax imposed on excess 
                                        qualified foreign distribution 
                                        amount.''.
    (c) Effective Date.--The amendments made by this section shall 
apply only to the first taxable year of the electing taxpayer ending 
120 days or more after the date of the enactment of this Act.

SEC. 232. EXCLUSION OF INCOME DERIVED FROM CERTAIN WAGERS ON HORSE 
              RACES AND DOG RACES FROM GROSS INCOME OF NONRESIDENT 
              ALIEN INDIVIDUALS.

    (a) In General.--Subsection (b) of section 872 (relating to 
exclusions) is amended by redesignating paragraphs (5), (6), and (7) as 
paragraphs (6), (7), and (8), respectively, and inserting after 
paragraph (4) the following new paragraph:
            ``(5) Income derived from wagering transactions in certain 
        parimutuel pools.--Gross income derived by a nonresident alien 
        individual from a legal wagering transaction initiated outside 
        the United States in a parimutuel pool with respect to a live 
        horse race or dog race in the United States.''.
    (b) Conforming Amendment.--Section 883(a)(4) is amended by striking 
``(5), (6), and (7)'' and inserting ``(6), (7), and (8)''.
    (c) Effective Date.--The amendments made by this section shall 
apply to wagers made after the date of the enactment of this Act.

SEC. 233. LIMITATION OF WITHHOLDING TAX FOR PUERTO RICO CORPORATIONS.

    (a) In General.--Subsection (b) of section 881 is amended by 
redesignating paragraph (2) as paragraph (3) and by inserting after 
paragraph (1) the following new paragraph:
            ``(2) Commonwealth of puerto rico.--If dividends are 
        received during a taxable year by a corporation--
                    ``(A) created or organized in, or under the law of, 
                the Commonwealth of Puerto Rico, and
                    ``(B) with respect to which the requirements of 
                subparagraphs (A), (B), and (C) of paragraph (1) are 
                met for the taxable year,
        subsection (a) shall be applied for such taxable year by 
        substituting `10 percent' for `30 percent'.''.
    (b) Withholding.--Subsection (c) of section 1442 (relating to 
withholding of tax on foreign corporations) is amended--
            (1) by striking ``For purposes'' and inserting the 
        following:
            ``(1) Guam, american samoa, the northern mariana islands, 
        and the virgin islands.--For purposes'', and
            (2) by adding at the end the following new paragraph:
            ``(2) Commonwealth of puerto rico.--If dividends are 
        received during a taxable year by a corporation--
                    ``(A) created or organized in, or under the law of, 
                the Commonwealth of Puerto Rico, and
                    ``(B) with respect to which the requirements of 
                subparagraphs (A), (B), and (C) of section 881(b)(1) 
                are met for the taxable year,
        subsection (a) shall be applied for such taxable year by 
        substituting `10 percent' for `30 percent'.''.
    (b) Conforming Amendments.--
            (1) Subsection (b) of section 881 is amended by striking 
        ``Guam and Virgin Islands Corporations'' in the heading and 
        inserting ``Possessions''.
            (2) Paragraph (1) of section 881(b) is amended by striking 
        ``In general'' in the heading and inserting ``Guam, american 
        samoa, the northern mariana islands, and the virgin islands''.
    (c) Effective Date.--The amendments made by this section shall 
apply to dividends paid after the date of the enactment of this Act.

SEC. 234. REPORT ON WTO DISPUTE SETTLEMENT PANELS AND THE APPELLATE 
              BODY.

    Not later than March 31, 2004, the Secretary of Commerce, in 
consultation with the United States Trade Representative, shall 
transmit a report to the Committee on Finance of the Senate and the 
Committee on Ways and Means of the House of Representatives, regarding 
whether dispute settlement panels and the Appellate Body of the World 
Trade Organization have--
            (1) added to or diminished the rights of the United States 
        by imposing obligations or restrictions on the use of 
        antidumping, countervailing, and safeguard measures not agreed 
        to under the Agreement on Implementation of Article VI of the 
        General Agreement on Tariffs and Trade of 1994, the Agreement 
        on Subsidies and Countervailing Measures, and the Agreement on 
        Safeguards;
            (2) appropriately applied the standard of review contained 
        in Article 17.6 of the Agreement on Implementation of Article 
        VI of the General Agreement on Tariffs and Trade of 1994; or
            (3) exceeded their authority or terms of reference under 
        the Agreements referred to in paragraph (1).

SEC. 235. STUDY OF IMPACT OF INTERNATIONAL TAX LAWS ON TAXPAYERS OTHER 
              THAN LARGE CORPORATIONS.

    (a) Study.--The Secretary of the Treasury or the Secretary's 
delegate shall conduct a study of the impact of Federal international 
tax rules on taxpayers other than large corporations, including the 
burdens placed on such taxpayers in complying with such rules.
    (b) Report.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary shall report to the Committee on 
Finance of the Senate and the Committee on Ways and Means of the House 
of Representatives the results of the study conducted under subsection 
(a), including any recommendations for legislative or administrative 
changes to reduce the compliance burden on taxpayers other than large 
corporations and for such other purposes as the Secretary determines 
appropriate.

SEC. 236. DELAY IN EFFECTIVE DATE OF FINAL REGULATIONS GOVERNING 
              EXCLUSION OF INCOME FROM INTERNATIONAL OPERATION OF SHIPS 
              OR AIRCRAFT.

    Notwithstanding the provisions of Treasury regulation Sec. 1.883-5, 
the final regulations issued by the Secretary of the Treasury relating 
to income derived by foreign corporations from the international 
operation of ships or aircraft (Treasury regulations Sec. 1.883-1 
through Sec. 1.883-5) shall apply to taxable years of a foreign 
corporation seeking qualified foreign corporation status beginning 
after December 31, 2004.

SEC. 237. INTEREST PAYMENTS DEDUCTIBLE WHERE DISQUALIFIED GUARANTEE HAS 
              NO ECONOMIC EFFECT.

    (a) In General.--Section 163(j)(6)(D)(ii) (relating to exceptions 
to disqualified guarantee) is amended--
            (1) by striking ``or'' at the end of subclause (I),
            (2) by striking the period at the end of subclause (II) and 
        inserting ``, or'',
            (3) by inserting after subclause (II) the following new 
        subclause:
                                    ``(III) in the case of a guarantee 
                                by a foreign person, to the extent of 
                                the amount that the taxpayer 
                                establishes to the satisfaction of the 
                                Secretary that the taxpayer could have 
                                borrowed from an unrelated person 
                                without the guarantee.''.
    (b) Effective Date.--The amendments made by this section shall 
apply to guarantees issued on or after the date of the enactment of 
this Act.

       TITLE III--DOMESTIC MANUFACTURING AND BUSINESS PROVISIONS

                     Subtitle A--General Provisions

SEC. 301. EXPANSION OF QUALIFIED SMALL-ISSUE BOND PROGRAM.

    (a) In General.--Subparagraph (F) of section 144(a)(4) (relating to 
$10,000,000 limit in certain cases) is amended to read as follows:
                    ``(F) Additional capital expenditures not taken 
                into account.--With respect to any issue, in addition 
                to any capital expenditure described in subparagraph 
                (C), capital expenditures of not to exceed $10,000,000 
                shall not be taken into account for purposes of 
                applying subparagraph (A)(ii).''.
    (b) Effective Date.--The amendment made by this section shall apply 
to bonds issued after the date of the enactment of this Act.

SEC. 302. EXPENSING OF BROADBAND INTERNET ACCESS EXPENDITURES.

    (a) In General.--Part VI of subchapter B of chapter 1 (relating to 
itemized deductions for individuals and corporations) is amended by 
inserting after section 190 the following new section:

``SEC. 191. BROADBAND EXPENDITURES.

    ``(a) Treatment of Expenditures.--
            ``(1) In general.--A taxpayer may elect to treat any 
        qualified broadband expenditure which is paid or incurred by 
        the taxpayer as an expense which is not chargeable to capital 
        account. Any expenditure which is so treated shall be allowed 
        as a deduction.
            ``(2) Election.--An election under paragraph (1) shall be 
        made at such time and in such manner as the Secretary may 
        prescribe by regulation.
    ``(b) Qualified Broadband Expenditures.--For purposes of this 
section--
            ``(1) In general.--The term `qualified broadband 
        expenditure' means, with respect to any taxable year, any 
        direct or indirect costs incurred and properly taken into 
        account with respect to--
                    ``(A) the purchase or installation of qualified 
                equipment (including any upgrades thereto), and
                    ``(B) the connection of such qualified equipment to 
                any qualified subscriber.
            ``(2) Certain satellite expenditures excluded.--Such term 
        shall not include any costs incurred with respect to the 
        launching of any satellite equipment.
            ``(3) Leased equipment.--Such term shall include so much of 
        the purchase price paid by the lessor of qualified equipment 
        subject to a lease described in subsection (c)(2)(B) as is 
        attributable to expenditures incurred by the lessee which would 
        otherwise be described in paragraph (1).
    ``(c) When Expenditures Taken Into Account.--For purposes of this 
section--
            ``(1) In general.--Qualified broadband expenditures with 
        respect to qualified equipment shall be taken into account with 
        respect to the first taxable year in which--
                    ``(A) current generation broadband services are 
                provided through such equipment to qualified 
                subscribers, or
                    ``(B) next generation broadband services are 
                provided through such equipment to qualified 
                subscribers.
            ``(2) Limitation.--
                    ``(A) In general.--Qualified expenditures shall be 
                taken into account under paragraph (1) only with 
                respect to qualified equipment--
                            ``(i) the original use of which commences 
                        with the taxpayer, and
                            ``(ii) which is placed in service, after 
                        the date of the enactment of this Act.
                    ``(B) Sale-leasebacks.--For purposes of 
                subparagraph (A), if property--
                            ``(i) is originally placed in service after 
                        the date of the enactment of this Act by any 
                        person, and
                            ``(ii) sold and leased back by such person 
                        within 3 months after the date such property 
                        was originally placed in service,
                such property shall be treated as originally placed in 
                service not earlier than the date on which such 
                property is used under the leaseback referred to in 
                clause (ii).
    ``(d) Special Allocation Rules.--
            ``(1) Current generation broadband services.--For purposes 
        of determining the amount of qualified broadband expenditures 
        under subsection (a)(1) with respect to qualified equipment 
        through which current generation broadband services are 
        provided, if the qualified equipment is capable of serving both 
        qualified subscribers and other subscribers, the qualified 
        broadband expenditures shall be multiplied by a fraction--
                    ``(A) the numerator of which is the sum of the 
                number of potential qualified subscribers within the 
                rural areas and the underserved areas which the 
                equipment is capable of serving with current generation 
                broadband services, and
                    ``(B) the denominator of which is the total 
                potential subscriber population of the area which the 
                equipment is capable of serving with current generation 
                broadband services.
            ``(2) Next generation broadband services.--For purposes of 
        determining the amount of qualified broadband expenditures 
        under subsection (a)(1) with respect to qualified equipment 
        through which next generation broadband services are provided, 
        if the qualified equipment is capable of serving both qualified 
        subscribers and other subscribers, the qualified expenditures 
        shall be multiplied by a fraction--
                    ``(A) the numerator of which is the sum of--
                            ``(i) the number of potential qualified 
                        subscribers within the rural areas and 
                        underserved areas, plus
                            ``(ii) the number of potential qualified 
                        subscribers within the area consisting only of 
                        residential subscribers not described in clause 
                        (i),
                which the equipment is capable of serving with next 
                generation broadband services, and
                    ``(B) the denominator of which is the total 
                potential subscriber population of the area which the 
                equipment is capable of serving with next generation 
                broadband services.
    ``(e) Definitions.--For purposes of this section--
            ``(1) Antenna.--The term `antenna' means any device used to 
        transmit or receive signals through the electromagnetic 
        spectrum, including satellite equipment.
            ``(2) Cable operator.--The term `cable operator' has the 
        meaning given such term by section 602(5) of the Communications 
        Act of 1934 (47 U.S.C. 522(5)).
            ``(3) Commercial mobile service carrier.--The term 
        `commercial mobile service carrier' means any person authorized 
        to provide commercial mobile radio service as defined in 
        section 20.3 of title 47, Code of Federal Regulations.
            ``(4) Current generation broadband service.--The term 
        `current generation broadband service' means the transmission 
        of signals at a rate of at least 1,000,000 bits per second to 
        the subscriber and at least 128,000 bits per second from the 
        subscriber.
            ``(5) Multiplexing or demultiplexing.--The term 
        `multiplexing' means the transmission of 2 or more signals over 
        a single channel, and the term `demultiplexing' means the 
        separation of 2 or more signals previously combined by 
        compatible multiplexing equipment.
            ``(6) Next generation broadband service.--The term `next 
        generation broadband service' means the transmission of signals 
        at a rate of at least 22,000,000 bits per second to the 
        subscriber and at least 5,000,000 bits per second from the 
        subscriber.
            ``(7) Nonresidential subscriber.--The term `nonresidential 
        subscriber' means any person who purchases broadband services 
        which are delivered to the permanent place of business of such 
        person.
            ``(8) Open video system operator.--The term `open video 
        system operator' means any person authorized to provide service 
        under section 653 of the Communications Act of 1934 (47 U.S.C. 
        573).
            ``(9) Other wireless carrier.--The term `other wireless 
        carrier' means any person (other than a telecommunications 
        carrier, commercial mobile service carrier, cable operator, 
        open video system operator, or satellite carrier) providing 
        current generation broadband services or next generation 
        broadband service to subscribers through the radio transmission 
        of energy.
            ``(10) Packet switching.--The term `packet switching' means 
        controlling or routing the path of any digitized transmission 
        signal which is assembled into packets or cells.
            ``(11) Provider.--The term `provider' means, with respect 
        to any qualified equipment--
                    ``(A) a cable operator,
                    ``(B) a commercial mobile service carrier,
                    ``(C) an open video system operator,
                    ``(D) a satellite carrier,
                    ``(E) a telecommunications carrier, or
                    ``(F) any other wireless carrier,
        providing current generation broadband services or next 
        generation broadband services to subscribers through such 
        qualified equipment.
            ``(12) Provision of services.--A provider shall be treated 
        as providing services to 1 or more subscribers if--
                    ``(A) such a subscriber has been passed by the 
                provider's equipment and can be connected to such 
                equipment for a standard connection fee,
                    ``(B) the provider is physically able to deliver 
                current generation broadband services or next 
                generation broadband services, as applicable, to such a 
                subscriber without making more than an insignificant 
                investment with respect to such subscriber,
                    ``(C) the provider has made reasonable efforts to 
                make such subscribers aware of the availability of such 
                services,
                    ``(D) such services have been purchased by 1 or 
                more such subscribers, and
                    ``(E) such services are made available to such 
                subscribers at average prices comparable to those at 
                which the provider makes available similar services in 
                any areas in which the provider makes available such 
                services.
            ``(13) Qualified equipment.--
                    ``(A) In general.--The term `qualified equipment' 
                means equipment which provides current generation 
                broadband services or next generation broadband 
                services--
                            ``(i) at least a majority of the time 
                        during periods of maximum demand to each 
                        subscriber who is utilizing such services, and
                            ``(ii) in a manner substantially the same 
                        as such services are provided by the provider 
                        to subscribers through equipment with respect 
                        to which no deduction is allowed under 
                        subsection (a)(1).
                    ``(B) Only certain investment taken into account.--
                Except as provided in subparagraph (C) or (D), 
                equipment shall be taken into account under 
                subparagraph (A) only to the extent it--
                            ``(i) extends from the last point of 
                        switching to the outside of the unit, building, 
                        dwelling, or office owned or leased by a 
                        subscriber in the case of a telecommunications 
                        carrier,
                            ``(ii) extends from the customer side of 
                        the mobile telephone switching office to a 
                        transmission/receive antenna (including such 
                        antenna) owned or leased by a subscriber in the 
                        case of a commercial mobile service carrier,
                            ``(iii) extends from the customer side of 
                        the headend to the outside of the unit, 
                        building, dwelling, or office owned or leased 
                        by a subscriber in the case of a cable operator 
                        or open video system operator, or
                            ``(iv) extends from a transmission/receive 
                        antenna (including such antenna) which 
                        transmits and receives signals to or from 
                        multiple subscribers, to a transmission/receive 
                        antenna (including such antenna) on the outside 
                        of the unit, building, dwelling, or office 
                        owned or leased by a subscriber in the case of 
                        a satellite carrier or other wireless carrier, 
                        unless such other wireless carrier is also a 
                        telecommunications carrier.
                    ``(C) Packet switching equipment.--Packet switching 
                equipment, regardless of location, shall be taken into 
                account under subparagraph (A) only if it is deployed 
                in connection with equipment described in subparagraph 
                (B) and is uniquely designed to perform the function of 
                packet switching for current generation broadband 
                services or next generation broadband services, but 
                only if such packet switching is the last in a series 
                of such functions performed in the transmission of a 
                signal to a subscriber or the first in a series of such 
                functions performed in the transmission of a signal 
                from a subscriber.
                    ``(D) Multiplexing and demultiplexing equipment.--
                Multiplexing and demultiplexing equipment shall be 
                taken into account under subparagraph (A) only to the 
                extent it is deployed in connection with equipment 
                described in subparagraph (B) and is uniquely designed 
                to perform the function of multiplexing and 
                demultiplexing packets or cells of data and making 
                associated application adaptions, but only if such 
                multiplexing or demultiplexing equipment is located 
                between packet switching equipment described in 
                subparagraph (C) and the subscriber's premises.
            ``(14) Qualified subscriber.--The term `qualified 
        subscriber' means--
                    ``(A) with respect to the provision of current 
                generation broadband services--
                            ``(i) any nonresidential subscriber 
                        maintaining a permanent place of business in a 
                        rural area or underserved area, or
                            ``(ii) any residential subscriber residing 
                        in a dwelling located in a rural area or 
                        underserved area which is not a saturated 
                        market, and
                    ``(B) with respect to the provision of next 
                generation broadband services--
                            ``(i) any nonresidential subscriber 
                        maintaining a permanent place of business in a 
                        rural area or underserved area, or
                            ``(ii) any residential subscriber.
            ``(15) Residential subscriber.--The term `residential 
        subscriber' means any individual who purchases broadband 
        services which are delivered to such individual's dwelling.
            ``(16) Rural area.--The term `rural area' means any census 
        tract which--
                    ``(A) is not within 10 miles of any incorporated or 
                census designated place containing more than 25,000 
                people, and
                    ``(B) is not within a county or county equivalent 
                which has an overall population density of more than 
                500 people per square mile of land.
            ``(17) Rural subscriber.--The term `rural subscriber' means 
        any residential subscriber residing in a dwelling located in a 
        rural area or nonresidential subscriber maintaining a permanent 
        place of business located in a rural area.
            ``(18) Satellite carrier.--The term `satellite carrier' 
        means any person using the facilities of a satellite or 
        satellite service licensed by the Federal Communications 
        Commission and operating in the Fixed-Satellite Service under 
        part 25 of title 47 of the Code of Federal Regulations or the 
        Direct Broadcast Satellite Service under part 100 of title 47 
        of such Code to establish and operate a channel of 
        communications for distribution of signals, and owning or 
        leasing a capacity or service on a satellite in order to 
        provide such point-to-multipoint distribution.
            ``(19) Saturated market.--The term `saturated market' means 
        any census tract in which, as of the date of the enactment of 
        this section--
                    ``(A) current generation broadband services have 
                been provided by a single provider to 85 percent or 
                more of the total number of potential residential 
                subscribers residing in dwellings located within such 
                census tract, and
                    ``(B) such services can be utilized--
                            ``(i) at least a majority of the time 
                        during periods of maximum demand by each such 
                        subscriber who is utilizing such services, and
                            ``(ii) in a manner substantially the same 
                        as such services are provided by the provider 
                        to subscribers through equipment with respect 
                        to which no deduction is allowed under 
                        subsection (a)(1).
            ``(20) Subscriber.--The term `subscriber' means any person 
        who purchases current generation broadband services or next 
        generation broadband services.
            ``(21) Telecommunications carrier.--The term 
        `telecommunications carrier' has the meaning given such term by 
        section 3(44) of the Communications Act of 1934 (47 U.S.C. 
        153(44)), but--
                    ``(A) includes all members of an affiliated group 
                of which a telecommunications carrier is a member, and
                    ``(B) does not include a commercial mobile service 
                carrier.
            ``(22) Total potential subscriber population.--The term 
        `total potential subscriber population' means, with respect to 
        any area and based on the most recent census data, the total 
        number of potential residential subscribers residing in 
        dwellings located in such area and potential nonresidential 
        subscribers maintaining permanent places of business located in 
        such area.
            ``(23) Underserved area.--The term `underserved area' 
        means--
                    ``(A) any census tract which is located in--
                            ``(i) an empowerment zone or enterprise 
                        community designated under section 1391, or
                            ``(ii) the District of Columbia Enterprise 
                        Zone established under section 1400, or
                    ``(B) any census tract--
                            ``(i) the poverty level of which is at 
                        least 30 percent (based on the most recent 
                        census data), and
                            ``(ii) the median family income of which 
                        does not exceed--
                                    ``(I) in the case of a census tract 
                                located in a metropolitan statistical 
                                area, 70 percent of the greater of the 
                                metropolitan area median family income 
                                or the statewide median family income, 
                                and
                                    ``(II) in the case of a census 
                                tract located in a nonmetropolitan 
                                statistical area, 70 percent of the 
                                nonmetropolitan statewide median family 
                                income.
            ``(24) Underserved subscriber.--The term `underserved 
        subscriber' means any residential subscriber residing in a 
        dwelling located in an underserved area or nonresidential 
        subscriber maintaining a permanent place of business located in 
        an underserved area.
    ``(f) Special Rules.--
            ``(1) Property used outside the united states, etc., not 
        qualified.--No expenditures shall be taken into account under 
        subsection (a)(1) with respect to the portion of the cost of 
        any property referred to in section 50(b) or with respect to 
        the portion of the cost of any property specified in an 
        election under section 179.
            ``(2) Basis reduction.--
                    ``(A) In general.--For purposes of this title, the 
                basis of any property shall be reduced by the portion 
                of the cost of such property taken into account under 
                subsection (a)(1).
                    ``(B) Ordinary income recapture.--For purposes of 
                section 1245, the amount of the deduction allowable 
                under subsection (a)(1) with respect to any property 
                which is of a character subject to the allowance for 
                depreciation shall be treated as a deduction allowed 
                for depreciation under section 167.
            ``(3) Coordination with section 38.--No credit shall be 
        allowed under section 38 with respect to any amount for which a 
        deduction is allowed under subsection (a)(1).''.
    (b) Special Rule for Mutual or Cooperative Telephone Companies.--
Section 512(b) (relating to modifications) is amended by adding at the 
end the following new paragraph:
            ``(18) Special rule for mutual or cooperative telephone 
        companies.--A mutual or cooperative telephone company which for 
        the taxable year satisfies the requirements of section 
        501(c)(12)(A) may elect to reduce its unrelated business 
        taxable income for such year, if any, by an amount that does 
        not exceed the qualified broadband expenditures which would be 
        taken into account under section 191 for such year by such 
        company if such company was not exempt from taxation. Any 
        amount which is allowed as a deduction under this paragraph 
        shall not be allowed as a deduction under section 191 and the 
        basis of any property to which this paragraph applies shall be 
        reduced under section 1016(a)(29).''.
    (c) Conforming Amendments.--
            (1) Section 263(a)(1) (relating to capital expenditures) is 
        amended by striking ``or'' at the end of subparagraph (G), by 
        striking the period at the end of subparagraph (H) and 
        inserting ``, or'', and by adding at the end the following new 
        subparagraph:
                    ``(I) expenditures for which a deduction is allowed 
                under section 191.''.
            (2) Section 1016(a) of such Code is amended by striking 
        ``and'' at the end of paragraph (27), by striking the period at 
        the end of paragraph (28) and inserting ``, and'', and by 
        adding at the end the following new paragraph:
            ``(29) to the extent provided in section 191(f)(2).''.
            (3) The table of sections for part VI of subchapter A of 
        chapter 1 of such Code is amended by inserting after the item 
        relating to section 190 the following new item:

``Sec. 191. Broadband expenditures.''.
    (d) Designation of Census Tracts.--
            (1) In general.--The Secretary of the Treasury shall, not 
        later than 90 days after the date of the enactment of this Act, 
        designate and publish those census tracts meeting the criteria 
        described in paragraphs (16), (22), and (23) of section 191(e) 
        of the Internal Revenue Code of 1986 (as added by this 
        section). In making such designations, the Secretary of the 
        Treasury shall consult with such other departments and agencies 
        as the Secretary determines appropriate.
            (2) Saturated market.--
                    (A) In general.--For purposes of designating and 
                publishing those census tracts meeting the criteria 
                described in subsection (e)(19) of such section 191--
                            (i) the Secretary of the Treasury shall 
                        prescribe not later than 30 days after the date 
                        of the enactment of this Act the form upon 
                        which any provider which takes the position 
                        that it meets such criteria with respect to any 
                        census tract shall submit a list of such census 
                        tracts (and any other information required by 
                        the Secretary) not later than 60 days after the 
                        date of the publication of such form, and
                            (ii) the Secretary of the Treasury shall 
                        publish an aggregate list of such census tracts 
                        and the applicable providers not later than 30 
                        days after the last date such submissions are 
                        allowed under clause (i).
                    (B) No subsequent lists required.--The Secretary of 
                the Treasury shall not be required to publish any list 
                of census tracts meeting such criteria subsequent to 
                the list described in subparagraph (A)(ii).
    (e) Other Regulatory Matters.--
            (1) Prohibition.--No Federal or State agency or 
        instrumentality shall adopt regulations or ratemaking 
        procedures that would have the effect of eliminating or 
        reducing any deduction or portion thereof allowed under section 
        191 of the Internal Revenue Code of 1986 (as added by this 
        section) or otherwise subverting the purpose of this section.
            (2) Treasury regulatory authority.--It is the intent of 
        Congress in providing the election to deduct qualified 
        broadband expenditures under section 191 of the Internal 
        Revenue Code of 1986 (as added by this section) to provide 
        incentives for the purchase, installation, and connection of 
        equipment and facilities offering expanded broadband access to 
        the Internet for users in certain low income and rural areas of 
        the United States, as well as to residential users nationwide, 
        in a manner that maintains competitive neutrality among the 
        various classes of providers of broadband services. 
        Accordingly, the Secretary of the Treasury shall prescribe such 
        regulations as may be necessary or appropriate to carry out the 
        purposes of section 191 of such Code, including--
                    (A) regulations to determine how and when a 
                taxpayer that incurs qualified broadband expenditures 
                satisfies the requirements of section 191 of such Code 
                to provide broadband services, and
                    (B) regulations describing the information, 
                records, and data taxpayers are required to provide the 
                Secretary to substantiate compliance with the 
                requirements of section 191 of such Code.
    (f) Effective Date.--The amendments made by this section shall 
apply to expenditures incurred after the date of the enactment of this 
Act and before the date which is 12 months after the date of the 
enactment of this Act.

SEC. 303. EXEMPTION OF NATURAL AGING PROCESS IN DETERMINATION OF 
              PRODUCTION PERIOD FOR DISTILLED SPIRITS UNDER SECTION 
              263A.

    (a) In General.--Section 263A(f) of the Internal Revenue Code of 
1986 (relating to general exceptions) is amended by adding at the end 
the following new paragraph:
            ``(5) Exemption of natural aging process in determination 
        of production period for distilled spirits.--For purposes of 
        this subsection, the production period for distilled spirits 
        shall be determined without regard to any period allocated to 
        the natural aging process.''.
    (b) Effective Date.--The amendment made by this section shall apply 
to production periods beginning after the date of the enactment of this 
Act.

SEC. 304. MODIFICATION OF ACTIVE BUSINESS DEFINITION UNDER SECTION 355.

    (a) In General.--Section 355(b) (defining active conduct of a trade 
or business) is amended by adding at the end the following new 
paragraph:
            ``(3) Special rules relating to active business 
        requirement.--
                    ``(A) In general.--For purposes of determining 
                whether a corporation meets the requirement of 
                paragraph (2)(A), all members of such corporation's 
                separate affiliated group shall be treated as one 
                corporation. For purposes of the preceding sentence, a 
                corporation's separate affiliated group is the 
                affiliated group which would be determined under 
                section 1504(a) if such corporation were the common 
                parent and section 1504(b) did not apply.
                    ``(B) Control.--For purposes of paragraph (2)(D), 
                all distributee corporations which are members of the 
                same affiliated group (as defined in section 1504(a) 
                without regard to section 1504(b)) shall be treated as 
                one distributee corporation.''.
    (b) Conforming Amendments.--
            (1) Subparagraph (A) of section 355(b)(2) is amended to 
        read as follows:
                    ``(A) it is engaged in the active conduct of a 
                trade or business,''.
            (2) Section 355(b)(2) is amended by striking the last 
        sentence.
    (c) Effective Date.--
            (1) In general.--The amendments made by this section shall 
        apply--
                    (A) to distributions after the date of the 
                enactment of this Act, and
                    (B) for purposes of determining the continued 
                qualification under section 355(b)(2)(A) of the 
                Internal Revenue Code of 1986 (as amended by subsection 
                (b)(1)) of distributions made before such date, as a 
                result of an acquisition, disposition, or other 
                restructuring after such date.
            (2) Transition rule.--The amendments made by this section 
        shall not apply to any distribution pursuant to a transaction 
        which is--
                    (A) made pursuant to an agreement which was binding 
                on such date of enactment and at all times thereafter,
                    (B) described in a ruling request submitted to the 
                Internal Revenue Service on or before such date, or
                    (C) described on or before such date in a public 
                announcement or in a filing with the Securities and 
                Exchange Commission.
            (3) Election to have amendments apply.--Paragraph (2) shall 
        not apply if the distributing corporation elects not to have 
        such paragraph apply to distributions of such corporation. Any 
        such election, once made, shall be irrevocable.

SEC. 305. MODIFIED TAXATION OF IMPORTED ARCHERY PRODUCTS.

    (a) Bows.--Paragraph (1) of section 4161(b) (relating to bows) is 
amended to read as follows:
            ``(1) Bows.--
                    ``(A) In general.--There is hereby imposed on the 
                sale by the manufacturer, producer, or importer of any 
                bow which has a peak draw weight of 30 pounds or more, 
                a tax equal to 11 percent of the price for which so 
                sold.
                    ``(B) Archery equipment.--There is hereby imposed 
                on the sale by the manufacturer, producer, or 
                importer--
                            ``(i) of any part or accessory suitable for 
                        inclusion in or attachment to a bow described 
                        in subparagraph (A), and
                            ``(ii) of any quiver or broadhead suitable 
                        for use with an arrow described in paragraph 
                        (2),
                a tax equal to 11 percent of the price for which so 
                sold.''.
    (b) Arrows.--Subsection (b) of section 4161 (relating to bows and 
arrows, etc.) is amended by redesignating paragraph (3) as paragraph 
(4) and inserting after paragraph (2) the following:
            ``(3) Arrows.--
                    ``(A) In general.--There is hereby imposed on the 
                sale by the manufacturer, producer, or importer of any 
                arrow, a tax equal to 12 percent of the price for which 
                so sold.
                    ``(B) Exception.--In the case of any arrow of which 
                the shaft or any other component has been previously 
                taxed under paragraph (1) or (2)--
                            ``(i) section 6416(b)(3) shall not apply, 
                        and
                            ``(ii) the tax imposed by subparagraph (A) 
                        shall be an amount equal to the excess (if any) 
                        of--
                                    ``(I) the amount of tax imposed by 
                                this paragraph (determined without 
                                regard to this subparagraph), over
                                    ``(II) the amount of tax paid with 
                                respect to the tax imposed under 
                                paragraph (1) or (2) on such shaft or 
                                component.
                    ``(C) Arrow.--For purposes of this paragraph, the 
                term `arrow' means any shaft described in paragraph (2) 
                to which additional components are attached.''.
    (c) Conforming Amendments.--Section 4161(b)(2) is amended--
            (1) by inserting ``(other than broadheads)'' after 
        ``point'', and
            (2) by striking ``Arrows.--'' in the heading and inserting 
        ``Arrow components.--''.
    (d) Effective Date.--The amendments made by this section shall 
apply to articles sold by the manufacturer, producer, or importer after 
the date which is 30 days after the date of the enactment of this Act.

SEC. 306. MODIFICATION TO COOPERATIVE MARKETING RULES TO INCLUDE VALUE 
              ADDED PROCESSING INVOLVING ANIMALS.

    (a) In General.--Section 1388 (relating to definitions and special 
rules) is amended by adding at the end the following new subsection:
    ``(k) Cooperative Marketing Includes Value-Added Processing 
Involving Animals.--For purposes of section 521 and this subchapter, 
the marketing of the products of members or other producers shall 
include the feeding of such products to cattle, hogs, fish, chickens, 
or other animals and the sale of the resulting animals or animal 
products.''.
    (b) Conforming Amendment.--Section 521(b) is amended by adding at 
the end the following new paragraph:
    ``(7) Cross Reference.--

                                ``For treatment of value-added 
processing involving animals, see section 1388(k).''.
    (c) Effective Date.--The amendments made by this section shall 
apply to taxable years beginning after the date of the enactment of 
this Act.

SEC. 307. EXTENSION OF DECLARATORY JUDGMENT PROCEDURES TO FARMERS' 
              COOPERATIVE ORGANIZATIONS.

    (a) In General.--Section 7428(a)(1) (relating to declaratory 
judgments of tax exempt organizations) is amended by striking ``or'' at 
the end of subparagraph (B) and by adding at the end the following new 
subparagraph:
                    ``(D) with respect to the initial classification or 
                continuing classification of a cooperative as an 
                organization described in section 521(b) which is 
                exempt from tax under section 521(a), or''.
    (b) Effective Date.--The amendments made by this section shall 
apply with respect to pleadings filed after the date of the enactment 
of this Act.

SEC. 308. TEMPORARY SUSPENSION OF PERSONAL HOLDING COMPANY TAX.

    (a) In General.--Section 541 (relating to imposition of personal 
holding company tax) is amended by adding at the end the following new 
sentence: ``The preceding sentence shall not apply with respect to any 
taxable year to which section 1(h)(11) (as in effect on the date of the 
enactment of this sentence) applies.''.
    (b) Coordination With Accumulated Earnings Tax.--Section 532(b) is 
amended by adding at the end the following flush sentence:
``Paragraph (1) shall not apply to any taxable year to which section 
541 does not apply.''
    (c) Effective Date.--The amendments made by this section shall 
apply to taxable years beginning after December 31, 2003.

SEC. 309. INCREASE IN SECTION 179 EXPENSING.

    (a) In General.--Section 179(b)(2) (relating to reduction in 
limitation) is amended by inserting ``50 percent of'' before ``the 
amount''.
    (b) Effective Date.--The amendment made by this section shall apply 
to taxable years beginning after December 31, 2002.

SEC. 310. FIVE-YEAR CARRYBACK OF NET OPERATING LOSSES.

    (a) In General.--Subparagraph (H) of section 172(b)(1) is amended--
            (1) by inserting ``5-year carryback of certain losses.--'' 
        after ``(H)'', and
            (2) by striking ``or 2002'' and inserting ``, 2002, or 
        2003''.
    (b) Rules Relating to Certain Extended Net Operating Losses.--
Section 172 is amended by redesignating subsection (k) as subsection 
(l) and by inserting after subsection (j) the following new subsection:
    ``(k) Rules Relating to Certain Extended Net Operating Losses.--In 
the case of a taxpayer which has a net operating loss for any taxable 
year ending during 2003 and does not make an election under subsection 
(j), such taxpayer shall be treated as having made an election under 
paragraphs (4)(E) and (2)(C)(iii) of section 168(k) with respect to all 
classes of property for such taxable year.
    (c) Temporary Suspension of 90 Percent Limit on Certain NOL 
Carryovers.--Section 56(d)(1)(A)(ii)(I) (relating to general rule 
defining alternative tax net operating loss deduction) is amended--
            (1) by striking ``or 2002'' and inserting ``, 2002, or 
        2003'', and
            (2) by striking ``and 2002'' and inserting ``, 2002, and 
        2003''.
    (d) Technical Corrections.--
            (1) Subparagraph (H) of section 172(b)(1) is amended by 
        striking ``a taxpayer which has''.
            (2) Section 102(c)(2) of the Job Creation and Worker 
        Assistance Act of 2002 (Public Law 107-147) is amended by 
        striking ``before January 1, 2003'' and inserting ``after 
        December 31, 1990''.
            (3)(A) Subclause (I) of section 56(d)(1)(A)(i) is amended 
        by striking ``attributable to carryovers''.
            (B) Subclause (I) of section 56(d)(1)(A)(ii) is amended--
                    (i) by striking ``for taxable years'' and inserting 
                ``from taxable years'', and
                    (ii) by striking ``carryforwards'' and inserting 
                ``carryovers''.
    (e) Effective Dates.--
            (1) In general.--Except as provided in paragraph (2), the 
        amendments made by this section shall apply to net operating 
        losses for taxable years ending after December 31, 2002.
            (2) Technical corrections.--The amendments made by 
        subsection (d) shall take effect as if included in the 
        amendments made by section 102 of the Job Creation and Worker 
        Assistance Act of 2002.
            (3) Election.--In the case of a net operating loss for a 
        taxable year ending during 2003--
                    (A) any election made under section 172(b)(3) of 
                such Code may (notwithstanding such section) be revoked 
                before November 15, 2004, and
                    (B) any election made under section 172(j) of such 
                Code shall (notwithstanding such section) be treated as 
                timely made if made before November 15, 2004.
            (4) Special rule for taxpayers with taxable years ending 
        during january.--Any taxpayer which has a taxable year ending 
        during January may elect under this paragraph to apply section 
        172(b)(1)(H) of the Internal Revenue Code of 1986 (as amended 
        by this section) to its taxable year ending in 2004 rather than 
        its taxable year ending in 2003. If such election is made, then 
        section 172(k) of such Code (as added by this section) shall be 
        applied to the taxpayer's taxable year ending in 2004. Such 
        election shall be made in such manner and at such time as may 
        be prescribed by the Secretary of the Treasury. Such election, 
        once made, shall be irrevocable.

SEC. 311. EXTENSION AND MODIFICATION OF RESEARCH CREDIT.

    (a) Extension.--
            (1) In general.--Section 41(h)(1)(B) (relating to 
        termination) is amended by striking ``June 30, 2004'' and 
        inserting ``December 31, 2005''.
            (2) Conforming amendment.--Section 45C(b)(1)(D) is amended 
        by striking ``June 30, 2004'' and inserting ``December 31, 
        2005''.
    (b) Increase in Rates of Alternative Incremental Credit.--
Subparagraph (A) of section 41(c)(4) (relating to election of 
alternative incremental credit) is amended--
            (1) by striking ``2.65 percent'' and inserting ``3 
        percent'',
            (2) by striking ``3.2 percent'' and inserting ``4 
        percent'', and
            (3) by striking ``3.75 percent'' and inserting ``5 
        percent''.
    (c) Alternative Simplified Credit for Qualified Research 
Expenses.--
            (1) In general.--Subsection (c) of section 41 (relating to 
        base amount) is amended by redesignating paragraphs (5) and (6) 
        as paragraphs (6) and (7), respectively, and by inserting after 
        paragraph (4) the following new paragraph:
            ``(5) Election of alternative simplified credit.--
                    ``(A) In general.--At the election of the taxpayer, 
                the credit determined under subsection (a)(1) shall be 
                equal to 12 percent of so much of the qualified 
                research expenses for the taxable year as exceeds 50 
                percent of the average qualified research expenses for 
                the 3 taxable years preceding the taxable year for 
                which the credit is being determined.
                    ``(B) Special rule in case of no qualified research 
                expenses in any of 3 preceding taxable years.--
                            ``(i) Taxpayers to which subparagraph 
                        applies.--The credit under this paragraph shall 
                        be determined under this subparagraph if the 
                        taxpayer has no qualified research expenses in 
                        any 1 of the 3 taxable years preceding the 
                        taxable year for which the credit is being 
                        determined.
                            ``(ii) Credit rate.--The credit determined 
                        under this subparagraph shall be equal to 6 
                        percent of the qualified research expenses for 
                        the taxable year.
                    ``(C) Election.--An election under this paragraph 
                shall apply to the taxable year for which made and all 
                succeeding taxable years unless revoked with the 
                consent of the Secretary. An election under this 
                paragraph may not be made for any taxable year to which 
                an election under paragraph (4) applies.''
            (2) Coordination with election of alternative incremental 
        credit.--
                    (A) In general.--Section 41(c)(4)(B) (relating to 
                election) is amended by adding at the end the 
                following: ``An election under this paragraph may not 
                be made for any taxable year to which an election under 
                paragraph (5) applies.''
                    (B) Transition rule.--In the case of an election 
                under section 41(c)(4) of the Internal Revenue Code of 
                1986 which applies to the taxable year which includes 
                the date of the enactment of this Act, such election 
                shall be treated as revoked with the consent of the 
                Secretary of the Treasury if the taxpayer makes an 
                election under section 41(c)(5) of such Code (as added 
                by paragraph (1)) for such year.
    (f) Effective Dates.--
            (1) Subsection (a).--The amendments made by subsection (a) 
        shall apply to amounts paid or incurred after the date of the 
        enactment of this Act.
            (2) Subsections (b) and (c).--The amendments made by 
        subsections (b) and (c) shall apply to taxable years beginning 
        after December 31, 2004.

SEC. 312. EXPANSION OF RESEARCH CREDIT.

    (a) Credit for Expenses Attributable to Certain Collaborative 
Research Consortia.--
            (1) In general.--Section 41(a) (relating to credit for 
        increasing research activities) is amended by striking ``and'' 
        at the end of paragraph (1), by striking the period at the end 
        of paragraph (2) and inserting ``, and'', and by adding at the 
        end the following new paragraph:
            ``(3) 20 percent of the amounts paid or incurred by the 
        taxpayer in carrying on any trade or business of the taxpayer 
        during the taxable year (including as contributions) to a 
        research consortium.''.
            (2) Research consortium defined.--Section 41(f) (relating 
        to special rules) is amended by adding at the end the following 
        new paragraph:
            ``(6) Research consortium.--
                    ``(A) In general.--The term `research consortium' 
                means any organization--
                            ``(i) which is--
                                    ``(I) described in section 
                                501(c)(3) or 501(c)(6) and is exempt 
                                from tax under section 501(a) and is 
                                organized and operated primarily to 
                                conduct research, or
                                    ``(II) organized and operated 
                                primarily to conduct research in the 
                                public interest (within the meaning of 
                                section 501(c)(3)),
                            ``(ii) which is not a private foundation,
                            ``(iii) to which at least 5 unrelated 
                        persons paid or incurred during the calendar 
                        year in which the taxable year of the 
                        organization begins amounts (including as 
                        contributions) to such organization for 
                        research, and
                            ``(iv) to which no single person paid or 
                        incurred (including as contributions) during 
                        such calendar year an amount equal to more than 
                        50 percent of the total amounts received by 
                        such organization during such calendar year for 
                        research.
                    ``(B) Treatment of persons.--All persons treated as 
                a single employer under subsection (a) or (b) of 
                section 52 shall be treated as related persons for 
                purposes of subparagraph (A)(iii) and as a single 
                person for purposes of subparagraph (A)(iv).''.
            (3) Conforming amendment.--Section 41(b)(3)(C) is amended 
        by inserting ``(other than a research consortium)'' after 
        ``organization''.
    (b) Repeal of Limitation on Contract Research Expenses Paid to 
Small Businesses, Universities, and Federal Laboratories.--Section 
41(b)(3) (relating to contract research expenses) is amended by adding 
at the end the following new subparagraph:
                    ``(D) Amounts paid to eligible small businesses, 
                universities, and federal laboratories.--
                            ``(i) In general.--In the case of amounts 
                        paid by the taxpayer to--
                                    ``(I) an eligible small business,
                                    ``(II) an institution of higher 
                                education (as defined in section 
                                3304(f)), or
                                    ``(III) an organization which is a 
                                Federal laboratory,
                        for qualified research, subparagraph (A) shall 
                        be applied by substituting `100 percent' for 
                        `65 percent'.
                            ``(ii) Eligible small business.--For 
                        purposes of this subparagraph, the term 
                        `eligible small business' means a small 
                        business with respect to which the taxpayer 
                        does not own (within the meaning of section 
                        318) 50 percent or more of--
                                    ``(I) in the case of a corporation, 
                                the outstanding stock of the 
                                corporation (either by vote or value), 
                                and
                                    ``(II) in the case of a small 
                                business which is not a corporation, 
                                the capital and profits interests of 
                                the small business.
                            ``(iii) Small business.--For purposes of 
                        this subparagraph--
                                    ``(I) In general.--The term `small 
                                business' means, with respect to any 
                                calendar year, any person if the annual 
                                average number of employees employed by 
                                such person during either of the 2 
                                preceding calendar years was 500 or 
                                fewer. For purposes of the preceding 
                                sentence, a preceding calendar year may 
                                be taken into account only if the 
                                person was in existence throughout the 
                                year.
                                    ``(II) Startups, controlled groups, 
                                and predecessors.--Rules similar to the 
                                rules of subparagraphs (B) and (D) of 
                                section 220(c)(4) shall apply for 
                                purposes of this clause.
                            ``(iv) Federal laboratory.--For purposes of 
                        this subparagraph, the term `Federal 
                        laboratory' has the meaning given such term by 
                        section 4(6) of the Stevenson-Wydler Technology 
                        Innovation Act of 1980 (15 U.S.C. 3703(6)), as 
                        in effect on the date of the enactment of the 
                        Jumpstart Our Business Strength (JOBS) Act.''.
    (c) Effective Date.--The amendments made by this section shall 
apply to amounts paid or incurred after December 31, 2004.

SEC. 313. MANUFACTURER'S JOBS CREDIT.

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

``SEC. 45S. MANUFACTURER'S JOBS CREDIT.

    ``(a) General Rule.--For purposes of section 38, in the case of an 
eligible taxpayer, the manufacturer's jobs credit determined under this 
section is an amount equal to 50 percent of the lesser of the 
following:
            ``(1) The excess of the W-2 wages paid by the taxpayer 
        during the taxable year over the W-2 wages paid by the taxpayer 
        during the preceding taxable year.
            ``(2) The W-2 wages paid by the taxpayer during the taxable 
        year to any employee who is an eligible TAA recipient (as 
        defined in section 35(c)(2)) for any month during such taxable 
        year.
            ``(3) 22.4 percent of the W-2 wages paid by the taxpayer 
        during the taxable year.
    ``(b) Limitation.--
            ``(1) In general.--If there is an excess described in 
        paragraph (2)(A) for any taxable year, the amount of credit 
        determined under subsection (a) (without regard to this 
        subsection)--
                    ``(A) if the value of domestic production 
                determined under section 199(g)(2) for the taxable year 
                does not exceed such value for the preceding taxable 
                year, shall be zero, and
                    ``(B) if subparagraph (A) does not apply, shall be 
                reduced (but not below zero) by the applicable 
                percentage of such amount.
            ``(2) Applicable percentage.--For purposes of paragraph 
        (1), the term `applicable percentage' means, with respect to 
        any taxable year, the percentage equal to a fraction--
                    ``(A) the numerator of which is the excess (if any) 
                of the modified value of worldwide production of the 
                taxpayer for the taxable year over such modified value 
                for the preceding taxable year, and
                    ``(B) the denominator of which is the excess (if 
                any) of the value of worldwide production of the 
                taxpayer for the taxable year over such value for the 
                preceding taxable year.
            ``(3) Definitions.--For purposes of this subsection--
                    ``(A) Value of worldwide production.--The value of 
                worldwide production for any taxable year shall be 
                determined under section 199(g)(4).
                    ``(B) Modified value.--The term `modified value of 
                worldwide production' means the value of worldwide 
                production determined by not taking into account any 
                item taken into account in determining the value of 
                domestic production under section 199(g)(2).
    ``(c) Eligible Taxpayer.--For purposes of this section, the term 
`eligible taxpayer' means any taxpayer--
            ``(1) which has domestic production gross receipts for the 
        taxable year and the preceding taxable year, and
            ``(2) which is not treated at any time during the taxable 
        year as an inverted domestic corporation under section 7874.
    ``(d) Definitions and Special Rule.--For purposes of this section--
            ``(1) In general.--Any term used in this section which is 
        also used in section 199 shall have the meaning given such term 
        by section 199.
            ``(2) Special rule for w-2 wages.--Notwithstanding 
        paragraph (1), the amount of W-2 wages taken into account with 
        respect to any employee for any taxable year shall not exceed 
        $50,000.
    ``(e) Certain Rules Made Applicable.--For purposes of this section, 
rules similar to the rules of section 52 shall apply.
    ``(f) Termination.--This section shall not apply to any taxable 
year beginning after December 31, 2005.''.
    (b) Credit To Be Part of General Business Credit.--Section 38(b) 
(relating to current year business credit), as amended by this Act, is 
amended by striking ``plus'' at the end of paragraph (29), by striking 
the period at the end of paragraph (30) and inserting ``, plus'', and 
by adding at the end the following:
            ``(31) the manufacturer's jobs credit determined under 
        section 45S.''.
    (c) Clerical Amendment.--The table of sections for subpart D of 
part IV of subchapter A of chapter 1, as amended by this Act, is 
amended by adding at the end the following:

                              ``Sec. 45S. Manufacturer's jobs 
                                        credit.''.
    (d) Effective Date.--The amendments made by this section shall 
apply to taxable years beginning after December 31, 2003.

SEC. 314. 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 tax-exempt 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) Effective Date.--The amendments made by this section shall 
apply to bonds issued after December 31, 2004.

              Subtitle B--Manufacturing Relating to Films

SEC. 321. SPECIAL RULES FOR CERTAIN FILM AND TELEVISION PRODUCTIONS.

    (a) In General.--Part VI of subchapter B of chapter 1 is amended by 
inserting after section 180 the following new section:

``SEC. 181. TREATMENT OF QUALIFIED FILM AND TELEVISION PRODUCTIONS.

    ``(a) Election To Treat Certain Costs of Qualified Film and 
Television Productions as Expenses.--
            ``(1) In general.--A taxpayer may elect to treat the cost 
        of any qualified film or television production as an expense 
        which is not chargeable to capital account. Any cost so treated 
        shall be allowed as a deduction.
            ``(2) Dollar limitation.--
                    ``(A) In general.--The aggregate cost which may be 
                taken into account under paragraph (1) with respect to 
                each qualified film or television production shall not 
                exceed $15,000,000.
                    ``(B) Higher dollar limitation for productions in 
                certain areas.--In the case of any qualified film or 
                television production the aggregate cost of which is 
                significantly incurred in an area eligible for 
                designation as--
                            ``(i) a low-income community under section 
                        45D, or
                            ``(ii) a distressed county or isolated area 
                        of distress by the Delta Regional Authority 
                        established under section 2009aa-1 of title 7, 
                        United States Code,
                subparagraph (A) shall be applied by substituting 
                `$20,000,000' for `$15,000,000'.
    ``(b) Amortization of Remaining Costs.--
            ``(1) In general.--If an election is made under subsection 
        (a) with respect to any qualified film or television 
        production, that portion of the basis of such production in 
        excess of the amount taken into account under subsection (a) 
        shall be allowed as a deduction ratably over the 36-month 
        period beginning with the month in which such production is 
        placed in service.
            ``(2) No other deduction or amortization deduction 
        allowable.--With respect to the basis of any qualified film or 
        television production described in paragraph (1), no other 
        depreciation or amortization deduction shall be allowable.
    ``(c) Election.--
            ``(1) In general.--An election under subsection (a) with 
        respect to any qualified film or television production shall be 
        made in such manner as prescribed by the Secretary and by the 
        due date (including extensions) for filing the taxpayer's 
        return of tax under this chapter for the taxable year in which 
        costs of the production are first incurred.
            ``(2) Revocation of election.--Any election made under 
        subsection (a) may not be revoked without the consent of the 
        Secretary.
    ``(d) Qualified Film or Television Production.--For purposes of 
this section--
            ``(1) In general.--The term `qualified film or television 
        production' means any production described in paragraph (2) if 
        75 percent of the total compensation of the production is 
        qualified compensation.
            ``(2) Production.--
                    ``(A) In general.--A production is described in 
                this paragraph if such production is property described 
                in section 168(f)(3). For purposes of a television 
                series, only the first 44 episodes of such series may 
                be taken into account.
                    ``(B) Exception.--A production is not described in 
                this paragraph if records are required under section 
                2257 of title 18, United States Code, to be maintained 
                with respect to any performer in such production.
            ``(3) Qualified compensation.--For purposes of paragraph 
        (1)--
                    ``(A) In general.--The term `qualified 
                compensation' means compensation for services performed 
                in the United States by actors, directors, producers, 
                and other relevant production personnel.
                    ``(B) Participations and residuals excluded.--The 
                term `compensation' does not include participations and 
                residuals (as defined in section 167(g)(7)(B)).
    ``(e) Application of Certain Other Rules.--For purposes of this 
section, rules similar to the rules of subsections (b)(2) and (c)(4) of 
section 194 shall apply.
    ``(f) Termination.--This section shall not apply to qualified film 
and television productions commencing after December 31, 2008.''.
    (b) Conforming Amendment.--The table of sections for part VI of 
subchapter B of chapter 1 is amended by inserting after the item 
relating to section 180 the following new item:

                              ``Sec. 181. Treatment of qualified film 
                                        and television productions.''.
    (c) Effective Date.--The amendments made by this section shall 
apply to qualified film and television productions (as defined in 
section 181(d)(1) of the Internal Revenue Code of 1986, as added by 
this section) commencing after the date of the enactment of this Act.

SEC. 322. MODIFICATION OF APPLICATION OF INCOME FORECAST METHOD OF 
              DEPRECIATION.

    (a) In General.--Section 167(g) (relating to depreciation under 
income forecast method) is amended by adding at the end the following 
new paragraph:
            ``(7) Treatment of participations and residuals.--
                    ``(A) In general.--For purposes of determining the 
                depreciation deduction allowable with respect to a 
                property under this subsection, the taxpayer may 
                include participations and residuals with respect to 
                such property in the adjusted basis of such property 
                for the taxable year in which the property is placed in 
                service, but only to the extent that such 
                participations and residuals relate to income estimated 
                (for purposes of this subsection) to be earned in 
                connection with the property before the close of the 
                10th taxable year referred to in paragraph (1)(A).
                    ``(B) Participations and residuals.--For purposes 
                of this paragraph, the term `participations and 
                residuals' means, with respect to any property, costs 
                the amount of which by contract varies with the amount 
                of income earned in connection with such property.
                    ``(C) Special rules relating to recomputation 
                years.--If the adjusted basis of any property is 
                determined under this paragraph, paragraph (4) shall be 
                applied by substituting `for each taxable year in such 
                period' for `for such period'.
                    ``(D) Other special rules.--
                            ``(i) Participations and residuals.--
                        Notwithstanding subparagraph (A), the taxpayer 
                        may exclude participations and residuals from 
                        the adjusted basis of such property and deduct 
                        such participations and residuals in the 
                        taxable year that such participations and 
                        residuals are paid.
                            ``(ii) Coordination with other rules.--
                        Deductions computed in accordance with this 
                        paragraph shall be allowable notwithstanding 
                        paragraph (1)(B) or sections 263, 263A, 404, 
                        419, or 461(h).
                    ``(E) Authority to make adjustments.--The Secretary 
                shall prescribe appropriate adjustments to the basis of 
                property and to the look-back method for the additional 
                amounts allowable as a deduction solely by reason of 
                this paragraph.''.
    (b) Determination of Income.--Section 167(g)(5) (relating to 
special rules) is amended by redesignating subparagraphs (E) and (F) as 
subparagraphs (F) and (G), respectively, and inserting after 
subparagraph (D) the following new subparagraph:
                    ``(E) Treatment of distribution costs.--For 
                purposes of this subsection, the income with respect to 
                any property shall be the taxpayer's gross income from 
                such property.''.
    (c) Effective Date.--The amendments made by this section shall 
apply to property placed in service after the date of the enactment of 
this Act.

              Subtitle C--Manufacturing Relating to Timber

SEC. 331. EXPENSING OF CERTAIN REFORESTATION EXPENDITURES.

    (a) In General.--So much of subsection (b) of section 194 (relating 
to amortization of reforestation expenditures) as precedes paragraph 
(2) is amended to read as follows:
    ``(b) Treatment as Expenses.--
            ``(1) Election to treat certain reforestation expenditures 
        as expenses.--
                    ``(A) In general.--In the case of any qualified 
                timber property with respect to which the taxpayer has 
                made (in accordance with regulations prescribed by the 
                Secretary) an election under this subsection, the 
                taxpayer shall treat reforestation expenditures which 
                are paid or incurred during the taxable year with 
                respect to such property as an expense which is not 
                chargeable to capital account. The reforestation 
                expenditures so treated shall be allowed as a 
                deduction.
                    ``(B) Dollar limitation.--The aggregate amount of 
                reforestation expenditures which may be taken into 
                account under subparagraph (A) with respect to each 
                qualified timber property for any taxable year shall 
                not exceed $10,000 ($5,000 in the case of a separate 
                return by a married individual (as defined in section 
                7703)).''.
    (b) Net Amortizable Basis.--Section 194(c)(2) (defining amortizable 
basis) is amended by inserting ``which have not been taken into account 
under subsection (b)'' after ``expenditures''.
    (c) Conforming Amendments.--
            (1) Section 194(b) is amended by striking paragraphs (3) 
        and (4).
            (2) Section 194(b)(2) is amended by striking ``paragraph 
        (1)'' both places it appears and inserting ``paragraph 
        (1)(B)''.
            (3) Section 194(c) is amended by striking paragraph (4) and 
        inserting the following new paragraphs:
            ``(4) Treatment of trusts and estates.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), this section shall not apply to 
                trusts and estates.
                    ``(B) Amortization deduction allowed to estates.--
                The benefit of the deduction for amortization provided 
                by subsection (a) shall be allowed to estates in the 
                same manner as in the case of an individual. The 
                allowable deduction shall be apportioned between the 
                income beneficiary and the fiduciary under regulations 
                prescribed by the Secretary. Any amount so apportioned 
                to a beneficiary shall be taken into account for 
                purposes of determining the amount allowable as a 
                deduction under subsection (a) to such beneficiary.
            ``(5) Application with other deductions.--No deduction 
        shall be allowed under any other provision of this chapter with 
        respect to any expenditure with respect to which a deduction is 
        allowed or allowable under this section to the taxpayer.''.
            (4) The heading for section 194 is amended by striking 
        ``amortization'' and inserting ``treatment''.
            (5) The item relating to section 194 in the table of 
        sections for part VI of subchapter B of chapter 1 is amended by 
        striking ``Amortization'' and inserting ``Treatment''.
    (d) Repeal of Reforestation Credit.--
            (1) In general.--Section 46 (relating to amount of credit) 
        is amended--
                    (A) by adding ``and'' at the end of paragraph (1),
                    (B) by striking ``, and'' at the end of paragraph 
                (2) and inserting a period, and
                    (C) by striking paragraph (3).
            (2) Conforming amendments.--
                    (A) Section 48 is amended--
                            (i) by striking subsection (b),
                            (ii) by striking ``this subsection'' in 
                        paragraph (5) of subsection (a) and inserting 
                        ``subsection (a)'', and
                            (iii) by redesignating such paragraph (5) 
                        as subsection (b).
                    (B) The heading for section 48 is amended by 
                striking ``; reforestation credit''.
                    (C) The item relating to section 48 in the table of 
                sections for subpart E of part IV of subchapter A of 
                chapter 1 is amended by striking ``, reforestation 
                credit''.
                    (D) Section 50(c)(3) is amended by striking ``or 
                reforestation credit''.
    (e) Effective Date.--The amendments made by this section shall 
apply with respect to expenditures paid or incurred after the date of 
the enactment of this Act.

SEC. 332. ELECTION TO TREAT CUTTING OF TIMBER AS A SALE OR EXCHANGE.

    Any election under section 631(a) of the Internal Revenue Code of 
1986 made for a taxable year ending on or before the date of the 
enactment of this Act may be revoked by the taxpayer for any taxable 
year ending after such date. For purposes of determining whether the 
taxpayer may make a further election under such section, such election 
(and any revocation under this section) shall not be taken into 
account.

SEC. 333. CAPITAL GAIN TREATMENT UNDER SECTION 631(B) TO APPLY TO 
              OUTRIGHT SALES BY LANDOWNERS.

    (a) In General.--The first sentence of section 631(b) (relating to 
disposal of timber with a retained economic interest) is amended by 
striking ``retains an economic interest in such timber'' and inserting 
``either retains an economic interest in such timber or makes an 
outright sale of such timber''.
    (b) Conforming Amendments.--
            (1) The third sentence of section 631(b) is amended by 
        striking ``The date of disposal'' and inserting ``In the case 
        of disposal of timber with a retained economic interest, the 
        date of disposal''.
            (2) The heading for section 631(b) is amended by striking 
        ``With a Retained Economic Interest''.
    (c) Effective Date.--The amendments made by this section shall 
apply to sales after the date of the enactment of this Act.

SEC. 334. MODIFICATION OF SAFE HARBOR RULES FOR TIMBER REITS.

    (a) Expansion of Prohibited Transaction Safe Harbor.--Section 
857(b)(6) (relating to income from prohibited transactions) is amended 
by redesignating subparagraphs (D) and (E) as subparagraphs (E) and 
(F), respectively, and by inserting after subparagraph (C) the 
following new subparagraph:
                    ``(D) Certain sales not to constitute prohibited 
                transactions.--For purposes of this part, the term 
                `prohibited transaction' does not include a sale of 
                property which is a real estate asset (as defined in 
                section 856(c)(5)(B)) if--
                            ``(i) the trust held the property for not 
                        less than 4 years in connection with the trade 
                        or business of producing timber,
                            ``(ii) the aggregate expenditures made by 
                        the trust, or a partner of the trust, during 
                        the 4-year period preceding the date of sale 
                        which--
                                    ``(I) are includible in the basis 
                                of the property (other than timberland 
                                acquisition expenditures), and
                                    ``(II) are directly related to 
                                operation of the property for the 
                                production of timber or for the 
                                preservation of the property for use as 
                                timberland,
                        do not exceed 30 percent of the net selling 
                        price of the property,
                            ``(iii) the aggregate expenditures made by 
                        the trust, or a partner of the trust, during 
                        the 4-year period preceding the date of sale 
                        which--
                                    ``(I) are includible in the basis 
                                of the property (other than timberland 
                                acquisition expenditures), and
                                    ``(II) are not directly related to 
                                operation of the property for the 
                                production of timber, or for the 
                                preservation of the property for use as 
                                timberland,
                        do not exceed 5 percent of the net selling 
                        price of the property,
                            ``(iv)(I) during the taxable year the trust 
                        does not make more than 7 sales of property 
                        (other than sales of foreclosure property or 
                        sales to which section 1033 applies), or
                            ``(II) the aggregate adjusted bases (as 
                        determined for purposes of computing earnings 
                        and profits) of property (other than sales of 
                        foreclosure property or sales to which section 
                        1033 applies) sold during the taxable year does 
                        not exceed 10 percent of the aggregate bases 
                        (as so determined) of all of the assets of the 
                        trust as of the beginning of the taxable year,
                            ``(v) in the case that the requirement of 
                        clause (iv)(I) is not satisfied, substantially 
                        all of the marketing expenditures with respect 
                        to the property were made through an 
                        independent contractor (as defined in section 
                        856(d)(3)) from whom the trust itself does not 
                        derive or receive any income, and
                            ``(vi) the sales price of the property sold 
                        by the trust is not based in whole or in part 
                        on income or profits, including income or 
                        profits derived from the sale or operation of 
                        such property.''.
    (b) Effective Date.--The amendments made by this section shall 
apply to taxable years beginning after the date of the enactment of 
this Act.

                    TITLE IV--ADDITIONAL PROVISIONS

        Subtitle A--Provisions Designed To Curtail Tax Shelters

SEC. 401. CLARIFICATION OF ECONOMIC SUBSTANCE DOCTRINE.

    (a) In General.--Section 7701 is amended by redesignating 
subsection (n) as subsection (o) and by inserting after subsection (m) 
the following new subsection:
    ``(n) Clarification of Economic Substance Doctrine; Etc.--
            ``(1) General rules.--
                    ``(A) In general.--In any case in which a court 
                determines that the economic substance doctrine is 
                relevant for purposes of this title to a transaction 
                (or series of transactions), such transaction (or 
                series of transactions) shall have economic substance 
                only if the requirements of this paragraph are met.
                    ``(B) Definition of economic substance.--For 
                purposes of subparagraph (A)--
                            ``(i) In general.--A transaction has 
                        economic substance only if--
                                    ``(I) the transaction changes in a 
                                meaningful way (apart from Federal tax 
                                effects) the taxpayer's economic 
                                position, and
                                    ``(II) the taxpayer has a 
                                substantial nontax purpose for entering 
                                into such transaction and the 
                                transaction is a reasonable means of 
                                accomplishing such purpose.
                        In applying subclause (II), a purpose of 
                        achieving a financial accounting benefit shall 
                        not be taken into account in determining 
                        whether a transaction has a substantial nontax 
                        purpose if the origin of such financial 
                        accounting benefit is a reduction of income 
                        tax.
                            ``(ii) Special rule where taxpayer relies 
                        on profit potential.--A transaction shall not 
                        be treated as having economic substance by 
                        reason of having a potential for profit 
                        unless--
                                    ``(I) the present value of the 
                                reasonably expected pre-tax profit from 
                                the transaction is substantial in 
                                relation to the present value of the 
                                expected net tax benefits that would be 
                                allowed if the transaction were 
                                respected, and
                                    ``(II) the reasonably expected pre-
                                tax profit from the transaction exceeds 
                                a risk-free rate of return.
                    ``(C) Treatment of fees and foreign taxes.--Fees 
                and other transaction expenses and foreign taxes shall 
                be taken into account as expenses in determining pre-
                tax profit under subparagraph (B)(ii).
            ``(2) Special rules for transactions with tax-indifferent 
        parties.--
                    ``(A) Special rules for financing transactions.--
                The form of a transaction which is in substance the 
                borrowing of money or the acquisition of financial 
                capital directly or indirectly from a tax-indifferent 
                party shall not be respected if the present value of 
                the deductions to be claimed with respect to the 
                transaction is substantially in excess of the present 
                value of the anticipated economic returns of the person 
                lending the money or providing the financial capital. A 
                public offering shall be treated as a borrowing, or an 
                acquisition of financial capital, from a tax-
                indifferent party if it is reasonably expected that at 
                least 50 percent of the offering will be placed with 
                tax-indifferent parties.
                    ``(B) Artificial income shifting and basis 
                adjustments.--The form of a transaction with a tax-
                indifferent party shall not be respected if--
                            ``(i) it results in an allocation of income 
                        or gain to the tax-indifferent party in excess 
                        of such party's economic income or gain, or
                            ``(ii) it results in a basis adjustment or 
                        shifting of basis on account of overstating the 
                        income or gain of the tax-indifferent party.
            ``(3) Definitions and special rules.--For purposes of this 
        subsection--
                    ``(A) Economic substance doctrine.--The term 
                `economic substance doctrine' means the common law 
                doctrine under which tax benefits under subtitle A with 
                respect to a transaction are not allowable if the 
                transaction does not have economic substance or lacks a 
                business purpose.
                    ``(B) Tax-indifferent party.--The term `tax-
                indifferent party' means any person or entity not 
                subject to tax imposed by subtitle A. A person shall be 
                treated as a tax-indifferent party with respect to a 
                transaction if the items taken into account with 
                respect to the transaction have no substantial impact 
                on such person's liability under subtitle A.
                    ``(C) Exception for personal transactions of 
                individuals.--In the case of an individual, this 
                subsection shall apply only to transactions entered 
                into in connection with a trade or business or an 
                activity engaged in for the production of income.
                    ``(D) Treatment of lessors.--In applying paragraph 
                (1)(B)(ii) to the lessor of tangible property subject 
                to a lease--
                            ``(i) the expected net tax benefits with 
                        respect to the leased property shall not 
                        include the benefits of--
                                    ``(I) depreciation,
                                    ``(II) any tax credit, or
                                    ``(III) any other deduction as 
                                provided in guidance by the Secretary, 
                                and
                            ``(ii) subclause (II) of paragraph 
                        (1)(B)(ii) shall be disregarded in determining 
                        whether any of such benefits are allowable.
            ``(4) Other common law doctrines not affected.--Except as 
        specifically provided in this subsection, the provisions of 
        this subsection shall not be construed as altering or 
        supplanting any other rule of law, and the requirements of this 
        subsection shall be construed as being in addition to any such 
        other rule of law.
            ``(5) Regulations.--The Secretary shall prescribe such 
        regulations as may be necessary or appropriate to carry out the 
        purposes of this subsection. Such regulations may include 
        exemptions from the application of this subsection.''.
    (b) Effective Date.--The amendments made by this section shall 
apply to transactions entered into after the date of the enactment of 
this Act.

SEC. 402. PENALTY FOR FAILING TO DISCLOSE REPORTABLE TRANSACTION.

    (a) In General.--Part I of subchapter B of chapter 68 (relating to 
assessable penalties) is amended by inserting after section 6707 the 
following new section:

``SEC. 6707A. PENALTY FOR FAILURE TO INCLUDE REPORTABLE TRANSACTION 
              INFORMATION WITH RETURN OR STATEMENT.

    ``(a) Imposition of Penalty.--Any person who fails to include on 
any return or statement any information with respect to a reportable 
transaction which is required under section 6011 to be included with 
such return or statement shall pay a penalty in the amount determined 
under subsection (b).
    ``(b) Amount of Penalty.--
            ``(1) In general.--Except as provided in paragraphs (2) and 
        (3), the amount of the penalty under subsection (a) shall be 
        $50,000.
            ``(2) Listed transaction.--The amount of the penalty under 
        subsection (a) with respect to a listed transaction shall be 
        $100,000.
            ``(3) Increase in penalty for large entities and high net 
        worth individuals.--
                    ``(A) In general.--In the case of a failure under 
                subsection (a) by--
                            ``(i) a large entity, or
                            ``(ii) a high net worth individual,
                the penalty under paragraph (1) or (2) shall be twice 
                the amount determined without regard to this paragraph.
                    ``(B) Large entity.--For purposes of subparagraph 
                (A), the term `large entity' means, with respect to any 
                taxable year, a person (other than a natural person) 
                with gross receipts in excess of $10,000,000 for the 
                taxable year in which the reportable transaction occurs 
                or the preceding taxable year. Rules similar to the 
                rules of paragraph (2) and subparagraphs (B), (C), and 
                (D) of paragraph (3) of section 448(c) shall apply for 
                purposes of this subparagraph.
                    ``(C) High net worth individual.--For purposes of 
                subparagraph (A), the term `high net worth individual' 
                means, with respect to a reportable transaction, a 
                natural person whose net worth exceeds $2,000,000 
                immediately before the transaction.
    ``(c) Definitions.--For purposes of this section--
            ``(1) Reportable transaction.--The term `reportable 
        transaction' means any transaction with respect to which 
        information is required to be included with a return or 
        statement because, as determined under regulations prescribed 
        under section 6011, such transaction is of a type which the 
        Secretary determines as having a potential for tax avoidance or 
        evasion.
            ``(2) Listed transaction.--Except as provided in 
        regulations, the term `listed transaction' means a reportable 
        transaction which is the same as, or substantially similar to, 
        a transaction specifically identified by the Secretary as a tax 
        avoidance transaction for purposes of section 6011.
    ``(d) Authority To Rescind Penalty.--
            ``(1) In general.--The Commissioner of Internal Revenue may 
        rescind all or any portion of any penalty imposed by this 
        section with respect to any violation if--
                    ``(A) the violation is with respect to a reportable 
                transaction other than a listed transaction,
                    ``(B) the person on whom the penalty is imposed has 
                a history of complying with the requirements of this 
                title,
                    ``(C) it is shown that the violation is due to an 
                unintentional mistake of fact;
                    ``(D) imposing the penalty would be against equity 
                and good conscience, and
                    ``(E) rescinding the penalty would promote 
                compliance with the requirements of this title and 
                effective tax administration.
            ``(2) Discretion.--The exercise of authority under 
        paragraph (1) shall be at the sole discretion of the 
        Commissioner and may be delegated only to the head of the 
        Office of Tax Shelter Analysis. The Commissioner, in the 
        Commissioner's sole discretion, may establish a procedure to 
        determine if a penalty should be referred to the Commissioner 
        or the head of such Office for a determination under paragraph 
        (1).
            ``(3) No appeal.--Notwithstanding any other provision of 
        law, any determination under this subsection may not be 
        reviewed in any administrative or judicial proceeding.
            ``(4) Records.--If a penalty is rescinded under paragraph 
        (1), the Commissioner shall place in the file in the Office of 
        the Commissioner the opinion of the Commissioner or the head of 
        the Office of Tax Shelter Analysis with respect to the 
        determination, including--
                    ``(A) the facts and circumstances of the 
                transaction,
                    ``(B) the reasons for the rescission, and
                    ``(C) the amount of the penalty rescinded.
            ``(5) Report.--The Commissioner shall each year report to 
        the Committee on Ways and Means of the House of Representatives 
        and the Committee on Finance of the Senate--
                    ``(A) a summary of the total number and aggregate 
                amount of penalties imposed, and rescinded, under this 
                section, and
                    ``(B) a description of each penalty rescinded under 
                this subsection and the reasons therefor.
    ``(e) Penalty Reported to SEC.--In the case of a person--
            ``(1) which is required to file periodic reports under 
        section 13 or 15(d) of the Securities Exchange Act of 1934 or 
        is required to be consolidated with another person for purposes 
        of such reports, and
            ``(2) which--
                    ``(A) is required to pay a penalty under this 
                section with respect to a listed transaction,
                    ``(B) is required to pay a penalty under section 
                6662A with respect to any reportable transaction at a 
                rate prescribed under section 6662A(c), or
                    ``(C) is required to pay a penalty under section 
                6662B with respect to any noneconomic substance 
                transaction,
the requirement to pay such penalty shall be disclosed in such reports 
filed by such person for such periods as the Secretary shall specify. 
Failure to make a disclosure in accordance with the preceding sentence 
shall be treated as a failure to which the penalty under subsection 
(b)(2) applies.
    ``(f) Coordination With Other Penalties.--The penalty imposed by 
this section is in addition to any penalty imposed under this title.''.
    (b) Disclosure by Secretary.--
            (1) In general.--Section 6103 is amended by redesignating 
        subsection (q) as subsection (r) and by inserting after 
        subsection (p) the following new subsection:
    ``(q) Disclosure Relating to Payments of Certain Penalties.--
Notwithstanding any other provision of this section, the Secretary 
shall make public the name of any person required to pay a penalty 
described in section 6707A(e)(2) and the amount of the penalty.''.
            (2) Records.--Section 6103(p)(3)(A) is amended by striking 
        ``or (n)'' and inserting ``(n), or (q)''.
    (c) Conforming Amendment.--The table of sections for part I of 
subchapter B of chapter 68 is amended by inserting after the item 
relating to section 6707 the following:

                              ``Sec. 6707A. Penalty for failure to 
                                        include reportable transaction 
                                        information with return or 
                                        statement.''.
    (d) Effective Date.--The amendments made by this section shall 
apply to returns and statements the due date for which is after the 
date of the enactment of this Act.

SEC. 403. ACCURACY-RELATED PENALTY FOR LISTED TRANSACTIONS AND OTHER 
              REPORTABLE TRANSACTIONS HAVING A SIGNIFICANT TAX 
              AVOIDANCE PURPOSE.

    (a) In General.--Subchapter A of chapter 68 is amended by inserting 
after section 6662 the following new section:

``SEC. 6662A. IMPOSITION OF ACCURACY-RELATED PENALTY ON UNDERSTATEMENTS 
              WITH RESPECT TO REPORTABLE TRANSACTIONS.

    ``(a) Imposition of Penalty.--If a taxpayer has a reportable 
transaction understatement for any taxable year, there shall be added 
to the tax an amount equal to 20 percent of the amount of such 
understatement.
    ``(b) Reportable Transaction Understatement.--For purposes of this 
section--
            ``(1) In general.--The term `reportable transaction 
        understatement' means the sum of--
                    ``(A) the product of--
                            ``(i) the amount of the increase (if any) 
                        in taxable income which results from a 
                        difference between the proper tax treatment of 
                        an item to which this section applies and the 
                        taxpayer's treatment of such item (as shown on 
                        the taxpayer's return of tax), and
                            ``(ii) the highest rate of tax imposed by 
                        section 1 (section 11 in the case of a taxpayer 
                        which is a corporation), and
                    ``(B) the amount of the decrease (if any) in the 
                aggregate amount of credits determined under subtitle A 
                which results from a difference between the taxpayer's 
                treatment of an item to which this section applies (as 
                shown on the taxpayer's return of tax) and the proper 
                tax treatment of such item.
        For purposes of subparagraph (A), any reduction of the excess 
        of deductions allowed for the taxable year over gross income 
        for such year, and any reduction in the amount of capital 
        losses which would (without regard to section 1211) be allowed 
        for such year, shall be treated as an increase in taxable 
        income.
            ``(2) Items to which section applies.--This section shall 
        apply to any item which is attributable to--
                    ``(A) any listed transaction, and
                    ``(B) any reportable transaction (other than a 
                listed transaction) if a significant purpose of such 
                transaction is the avoidance or evasion of Federal 
                income tax.
    ``(c) Higher Penalty for Nondisclosed Listed and Other Avoidance 
Transactions.--
            ``(1) In general.--Subsection (a) shall be applied by 
        substituting `30 percent' for `20 percent' with respect to the 
        portion of any reportable transaction understatement with 
        respect to which the requirement of section 6664(d)(2)(A) is 
        not met.
            ``(2) Rules applicable to assertion and compromise of 
        penalty.--
                    ``(A) In general.--Only upon the approval by the 
                Chief Counsel for the Internal Revenue Service or the 
                Chief Counsel's delegate at the national office of the 
                Internal Revenue Service may a penalty to which 
                paragraph (1) applies be included in a 1st letter of 
                proposed deficiency which allows the taxpayer an 
                opportunity for administrative review in the Internal 
                Revenue Service Office of Appeals. If such a letter is 
                provided to the taxpayer, only the Commissioner of 
                Internal Revenue may compromise all or any portion of 
                such penalty.
                    ``(B) Applicable rules.--The rules of paragraphs 
                (2), (3), (4), and (5) of section 6707A(d) shall apply 
                for purposes of subparagraph (A).
    ``(d) Definitions of Reportable and Listed Transactions.--For 
purposes of this section, the terms `reportable transaction' and 
`listed transaction' have the respective meanings given to such terms 
by section 6707A(c).
    ``(e) Special Rules.--
            ``(1) Coordination with penalties, etc., on other 
        understatements.--In the case of an understatement (as defined 
        in section 6662(d)(2))--
                    ``(A) the amount of such understatement (determined 
                without regard to this paragraph) shall be increased by 
                the aggregate amount of reportable transaction 
                understatements and noneconomic substance transaction 
                understatements for purposes of determining whether 
                such understatement is a substantial understatement 
                under section 6662(d)(1), and
                    ``(B) the addition to tax under section 6662(a) 
                shall apply only to the excess of the amount of the 
                substantial understatement (if any) after the 
                application of subparagraph (A) over the aggregate 
                amount of reportable transaction understatements and 
                noneconomic substance transaction understatements.
            ``(2) Coordination with other penalties.--
                    ``(A) Application of fraud penalty.--References to 
                an underpayment in section 6663 shall be treated as 
                including references to a reportable transaction 
                understatement and a noneconomic substance transaction 
                understatement.
                    ``(B) No double penalty.--This section shall not 
                apply to any portion of an understatement on which a 
                penalty is imposed under section 6662B or 6663.
            ``(3) Special rule for amended returns.--Except as provided 
        in regulations, in no event shall any tax treatment included 
        with an amendment or supplement to a return of tax be taken 
        into account in determining the amount of any reportable 
        transaction understatement or noneconomic substance transaction 
        understatement if the amendment or supplement is filed after 
        the earlier of the date the taxpayer is first contacted by the 
        Secretary regarding the examination of the return or such other 
        date as is specified by the Secretary.
                    ``(4) Noneconomic substance transaction 
                understatement.--For purposes of this subsection, the 
                term `noneconomic substance transaction understatement' 
                has the meaning given such term by section 6662B(c).
                    ``(5) Cross reference.--

                                ``For reporting of section 6662A(c) 
penalty to the Securities and Exchange Commission, see section 
6707A(e).''.
    (b) Determination of Other Understatements.--Subparagraph (A) of 
section 6662(d)(2) is amended by adding at the end the following flush 
sentence:
                ``The excess under the preceding sentence shall be 
                determined without regard to items to which section 
                6662A applies and without regard to items with respect 
                to which a penalty is imposed by section 6662B.''.
    (c) Reasonable Cause Exception.--
            (1) In general.--Section 6664 is amended by adding at the 
        end the following new subsection:
    ``(d) Reasonable Cause Exception for Reportable Transaction 
Understatements.--
            ``(1) In general.--No penalty shall be imposed under 
        section 6662A with respect to any portion of a reportable 
        transaction understatement if it is shown that there was a 
        reasonable cause for such portion and that the taxpayer acted 
        in good faith with respect to such portion.
            ``(2) Special rules.--Paragraph (1) shall not apply to any 
        reportable transaction understatement unless--
                    ``(A) the relevant facts affecting the tax 
                treatment of the item are adequately disclosed in 
                accordance with the regulations prescribed under 
                section 6011,
                    ``(B) there is or was substantial authority for 
                such treatment, and
                    ``(C) the taxpayer reasonably believed that such 
                treatment was more likely than not the proper 
                treatment.
        A taxpayer failing to adequately disclose in accordance with 
        section 6011 shall be treated as meeting the requirements of 
        subparagraph (A) if the penalty for such failure was rescinded 
        under section 6707A(d).
            ``(3) Rules relating to reasonable belief.--For purposes of 
        paragraph (2)(C)--
                    ``(A) In general.--A taxpayer shall be treated as 
                having a reasonable belief with respect to the tax 
                treatment of an item only if such belief--
                            ``(i) is based on the facts and law that 
                        exist at the time the return of tax which 
                        includes such tax treatment is filed, and
                            ``(ii) relates solely to the taxpayer's 
                        chances of success on the merits of such 
                        treatment and does not take into account the 
                        possibility that a return will not be audited, 
                        such treatment will not be raised on audit, or 
                        such treatment will be resolved through 
                        settlement if it is raised.
                    ``(B) Certain opinions may not be relied upon.--
                            ``(i) In general.--An opinion of a tax 
                        advisor may not be relied upon to establish the 
                        reasonable belief of a taxpayer if--
                                    ``(I) the tax advisor is described 
                                in clause (ii), or
                                    ``(II) the opinion is described in 
                                clause (iii).
                            ``(ii) Disqualified tax advisors.--A tax 
                        advisor is described in this clause if the tax 
                        advisor--
                                    ``(I) is a material advisor (within 
                                the meaning of section 6111(b)(1)) who 
                                participates in the organization, 
                                management, promotion, or sale of the 
                                transaction or who is related (within 
                                the meaning of section 267(b) or 
                                707(b)(1)) to any person who so 
                                participates,
                                    ``(II) is compensated directly or 
                                indirectly by a material advisor with 
                                respect to the transaction,
                                    ``(III) has a fee arrangement with 
                                respect to the transaction which is 
                                contingent on all or part of the 
                                intended tax benefits from the 
                                transaction being sustained,
                                    ``(IV) has an arrangement with 
                                respect to the transaction which 
                                provides that contractual disputes 
                                between the taxpayer and the advisor 
                                are to be settled by arbitration or 
                                which limits damages by reference to 
                                fees paid to the advisor for such 
                                transaction, or
                                    ``(V) as determined under 
                                regulations prescribed by the 
                                Secretary, has a disqualifying 
                                financial interest with respect to the 
                                transaction.
                            ``(iii) Disqualified opinions.--For 
                        purposes of clause (i), an opinion is 
                        disqualified if the opinion--
                                    ``(I) is based on unreasonable 
                                factual or legal assumptions (including 
                                assumptions as to future events),
                                    ``(II) unreasonably relies on 
                                representations, statements, findings, 
                                or agreements of the taxpayer or any 
                                other person,
                                    ``(III) does not identify and 
                                consider all relevant facts,
                                    ``(IV) is not signed by all 
                                individuals who are principal authors 
                                of the opinion, or
                                    ``(V) fails to meet any other 
                                requirement as the Secretary may 
                                prescribe.''.
            (2) Conforming amendment.--The heading for subsection (c) 
        of section 6664 is amended by inserting ``for Underpayments'' 
        after ``Exception''.
    (d) Conforming Amendments.--
            (1) Subparagraph (C) of section 461(i)(3) is amended by 
        striking ``section 6662(d)(2)(C)(iii)'' and inserting ``section 
        1274(b)(3)(C)''.
            (2) Paragraph (3) of section 1274(b) is amended--
                    (A) by striking ``(as defined in section 
                6662(d)(2)(C)(iii))'' in subparagraph (B)(i), and
                    (B) by adding at the end the following new 
                subparagraph:
                    ``(C) Tax shelter.--For purposes of subparagraph 
                (B), the term `tax shelter' means--
                            ``(i) a partnership or other entity,
                            ``(ii) any investment plan or arrangement, 
                        or
                            ``(iii) any other plan or arrangement,
                if a significant purpose of such partnership, entity, 
                plan, or arrangement is the avoidance or evasion of 
                Federal income tax.''.
            (3) Section 6662(d)(2) is amended by striking subparagraphs 
        (C) and (D).
            (4) Section 6664(c)(1) is amended by striking ``this part'' 
        and inserting ``section 6662 or 6663''.
            (5) Subsection (b) of section 7525 is amended by striking 
        ``section 6662(d)(2)(C)(iii)'' and inserting ``section 
        1274(b)(3)(C)''.
            (6)(A) The heading for section 6662 is amended to read as 
        follows:

``SEC. 6662. IMPOSITION OF ACCURACY-RELATED PENALTY ON 
              UNDERPAYMENTS.''.

            (B) The table of sections for part II of subchapter A of 
        chapter 68 is amended by striking the item relating to section 
        6662 and inserting the following new items:

                              ``Sec. 6662. Imposition of accuracy-
                                        related penalty on 
                                        underpayments.
                              ``Sec. 6662A. Imposition of accuracy-
                                        related penalty on 
                                        understatements with respect to 
                                        reportable transactions.''.
    (e) Effective Date.--The amendments made by this section shall 
apply to taxable years ending after the date of the enactment of this 
Act.

SEC. 404. PENALTY FOR UNDERSTATEMENTS ATTRIBUTABLE TO TRANSACTIONS 
              LACKING ECONOMIC SUBSTANCE, ETC.

    (a) In General.--Subchapter A of chapter 68 is amended by inserting 
after section 6662A the following new section:

``SEC. 6662B. PENALTY FOR UNDERSTATEMENTS ATTRIBUTABLE TO TRANSACTIONS 
              LACKING ECONOMIC SUBSTANCE, ETC.

    ``(a) Imposition of Penalty.--If a taxpayer has an noneconomic 
substance transaction understatement for any taxable year, there shall 
be added to the tax an amount equal to 40 percent of the amount of such 
understatement.
    ``(b) Reduction of Penalty for Disclosed Transactions.--Subsection 
(a) shall be applied by substituting `20 percent' for `40 percent' with 
respect to the portion of any noneconomic substance transaction 
understatement with respect to which the relevant facts affecting the 
tax treatment of the item are adequately disclosed in the return or a 
statement attached to the return.
    ``(c) Noneconomic Substance Transaction Understatement.--For 
purposes of this section--
            ``(1) In general.--The term `noneconomic substance 
        transaction understatement' means any amount which would be an 
        understatement under section 6662A(b)(1) if section 6662A were 
        applied by taking into account items attributable to 
        noneconomic substance transactions rather than items to which 
        section 6662A would apply without regard to this paragraph.
            ``(2) Noneconomic substance transaction.--The term 
        `noneconomic substance transaction' means any transaction if--
                    ``(A) there is a lack of economic substance (within 
                the meaning of section 7701(n)(1)) for the transaction 
                giving rise to the claimed benefit or the transaction 
                was not respected under section 7701(n)(2), or
                    ``(B) the transaction fails to meet the 
                requirements of any similar rule of law.
    ``(d) Rules Applicable To Compromise of Penalty.--
            ``(1) In general.--If the 1st letter of proposed deficiency 
        which allows the taxpayer an opportunity for administrative 
        review in the Internal Revenue Service Office of Appeals has 
        been sent with respect to a penalty to which this section 
        applies, only the Commissioner of Internal Revenue may 
        compromise all or any portion of such penalty.
            ``(2) Applicable rules.--The rules of paragraphs (2), (3), 
        (4), and (5) of section 6707A(d) shall apply for purposes of 
        paragraph (1).
    ``(e) Coordination With Other Penalties.--Except as otherwise 
provided in this part, the penalty imposed by this section shall be in 
addition to any other penalty imposed by this title.
    ``(f) Cross References.--

                                ``(1) For coordination of penalty with 
understatements under section 6662 and other special rules, see section 
6662A(e).
                                ``(2) For reporting of penalty imposed 
under this section to the Securities and Exchange Commission, see 
section 6707A(e).''.
    (b) Clerical Amendment.--The table of sections for part II of 
subchapter A of chapter 68 is amended by inserting after the item 
relating to section 6662A the following new item:

                              ``Sec. 6662B. Penalty for understatements 
                                        attributable to transactions 
                                        lacking economic substance, 
                                        etc.''.
    (c) Effective Date.--The amendments made by this section shall 
apply to transactions entered into after the date of the enactment of 
this Act.

SEC. 405. MODIFICATIONS OF SUBSTANTIAL UNDERSTATEMENT PENALTY FOR 
              NONREPORTABLE TRANSACTIONS.

    (a) Substantial Understatement of Corporations.--Section 
6662(d)(1)(B) (relating to special rule for corporations) is amended to 
read as follows:
                    ``(B) Special rule for corporations.--In the case 
                of a corporation other than an S corporation or a 
                personal holding company (as defined in section 542), 
                there is a substantial understatement of income tax for 
                any taxable year if the amount of the understatement 
                for the taxable year exceeds the lesser of--
                            ``(i) 10 percent of the tax required to be 
                        shown on the return for the taxable year (or, 
                        if greater, $10,000), or
                            ``(ii) $10,000,000.''.
    (b) Reduction for Understatement of Taxpayer Due to Position of 
Taxpayer or Disclosed Item.--
            (1) In general.--Section 6662(d)(2)(B)(i) (relating to 
        substantial authority) is amended to read as follows:
                            ``(i) the tax treatment of any item by the 
                        taxpayer if the taxpayer had reasonable belief 
                        that the tax treatment was more likely than not 
                        the proper treatment, or''.
            (2) Conforming amendment.--Section 6662(d) is amended by 
        adding at the end the following new paragraph:
            ``(3) Secretarial list.--For purposes of this subsection, 
        section 6664(d)(2), and section 6694(a)(1), the Secretary may 
        prescribe a list of positions for which the Secretary believes 
        there is not substantial authority or there is no reasonable 
        belief that the tax treatment is more likely than not the 
        proper tax treatment. Such list (and any revisions thereof) 
        shall be published in the Federal Register or the Internal 
        Revenue Bulletin.''.
    (c) Effective Date.--The amendments made by this section shall 
apply to taxable years beginning after the date of the enactment of 
this Act.

SEC. 406. TAX SHELTER EXCEPTION TO CONFIDENTIALITY PRIVILEGES RELATING 
              TO TAXPAYER COMMUNICATIONS.

    (a) In General.--Section 7525(b) (relating to section not to apply 
to communications regarding corporate tax shelters) is amended to read 
as follows:
    ``(b) Section Not To Apply to Communications Regarding Tax 
Shelters.--The privilege under subsection (a) shall not apply to any 
written communication which is--
            ``(1) between a federally authorized tax practitioner and--
                    ``(A) any person,
                    ``(B) any director, officer, employee, agent, or 
                representative of the person, or
                    ``(C) any other person holding a capital or profits 
                interest in the person, and
            ``(2) in connection with the promotion of the direct or 
        indirect participation of the person in any tax shelter (as 
        defined in section 1274(b)(3)(C)).''.
    (b) Effective Date.--The amendment made by this section shall apply 
to communications made on or after the date of the enactment of this 
Act.

SEC. 407. DISCLOSURE OF REPORTABLE TRANSACTIONS.

    (a) In General.--Section 6111 (relating to registration of tax 
shelters) is amended to read as follows:

``SEC. 6111. DISCLOSURE OF REPORTABLE TRANSACTIONS.

    ``(a) In General.--Each material advisor with respect to any 
reportable transaction shall make a return (in such form as the 
Secretary may prescribe) setting forth--
            ``(1) information identifying and describing the 
        transaction,
            ``(2) information describing any potential tax benefits 
        expected to result from the transaction, and
            ``(3) such other information as the Secretary may 
        prescribe.
Such return shall be filed not later than the date specified by the 
Secretary.
    ``(b) Definitions.--For purposes of this section--
            ``(1) Material advisor.--
                    ``(A) In general.--The term `material advisor' 
                means any person--
                            ``(i) who provides any material aid, 
                        assistance, or advice with respect to 
                        organizing, managing, promoting, selling, 
                        implementing, insuring, or carrying out any 
                        reportable transaction, and
                            ``(ii) who directly or indirectly derives 
                        gross income in excess of the threshold amount 
                        for such aid, assistance, or advice.
                    ``(B) Threshold amount.--For purposes of 
                subparagraph (A), the threshold amount is--
                            ``(i) $50,000 in the case of a reportable 
                        transaction substantially all of the tax 
                        benefits from which are provided to natural 
                        persons, and
                            ``(ii) $250,000 in any other case.
            ``(2) Reportable transaction.--The term `reportable 
        transaction' has the meaning given to such term by section 
        6707A(c).
    ``(c) Regulations.--The Secretary may prescribe regulations which 
provide--
            ``(1) that only 1 person shall be required to meet the 
        requirements of subsection (a) in cases in which 2 or more 
        persons would otherwise be required to meet such requirements,
            ``(2) exemptions from the requirements of this section, and
            ``(3) such rules as may be necessary or appropriate to 
        carry out the purposes of this section.''.
    (b) Conforming Amendments.--
            (1) The item relating to section 6111 in the table of 
        sections for subchapter B of chapter 61 is amended to read as 
        follows:

                              ``Sec. 6111. Disclosure of reportable 
                                        transactions.''.
            (2)(A) So much of section 6112 as precedes subsection (c) 
        thereof is amended to read as follows:

``SEC. 6112. MATERIAL ADVISORS OF REPORTABLE TRANSACTIONS MUST KEEP 
              LISTS OF ADVISEES.

    ``(a) In General.--Each material advisor (as defined in section 
6111) with respect to any reportable transaction (as defined in section 
6707A(c)) shall maintain, in such manner as the Secretary may by 
regulations prescribe, a list--
            ``(1) identifying each person with respect to whom such 
        advisor acted as such a material advisor with respect to such 
        transaction, and
            ``(2) containing such other information as the Secretary 
        may by regulations require.
This section shall apply without regard to whether a material advisor 
is required to file a return under section 6111 with respect to such 
transaction.''.
            (B) Section 6112 is amended by redesignating subsection (c) 
        as subsection (b).
            (C) Section 6112(b), as redesignated by subparagraph (B), 
        is amended--
                    (i) by inserting ``written'' before ``request'' in 
                paragraph (1)(A), and
                    (ii) by striking ``shall prescribe'' in paragraph 
                (2) and inserting ``may prescribe''.
            (D) The item relating to section 6112 in the table of 
        sections for subchapter B of chapter 61 is amended to read as 
        follows:

                              ``Sec. 6112. Material advisors of 
                                        reportable transactions must 
                                        keep lists of advisees.''.
            (3)(A) The heading for section 6708 is amended to read as 
        follows:

``SEC. 6708. FAILURE TO MAINTAIN LISTS OF ADVISEES WITH RESPECT TO 
              REPORTABLE TRANSACTIONS.''.

            (B) The item relating to section 6708 in the table of 
        sections for part I of subchapter B of chapter 68 is amended to 
        read as follows:

                              ``Sec. 6708. Failure to maintain lists of 
                                        advisees with respect to 
                                        reportable transactions.''.
    (c) Required Disclosure Not Subject to Claim of Confidentiality.--
Subparagraph (A) of section 6112(b)(1), as redesignated by subsection 
(b)(2)(B), is amended by adding at the end the following new flush 
sentence:
        ``For purposes of this section, the identity of any person on 
        such list shall not be privileged.''.
    (d) Effective Date.--
            (1) In general.--Except as provided in paragraph (2), the 
        amendments made by this section shall apply to transactions 
        with respect to which material aid, assistance, or advice 
        referred to in section 6111(b)(1)(A)(i) of the Internal Revenue 
        Code of 1986 (as added by this section) is provided after the 
        date of the enactment of this Act.
            (2) No claim of confidentiality against disclosure.--The 
        amendment made by subsection (c) shall take effect as if 
        included in the amendments made by section 142 of the Deficit 
        Reduction Act of 1984.

SEC. 408. MODIFICATIONS TO PENALTY FOR FAILURE TO REGISTER TAX 
              SHELTERS.

    (a) In General.--Section 6707 (relating to failure to furnish 
information regarding tax shelters) is amended to read as follows:

``SEC. 6707. FAILURE TO FURNISH INFORMATION REGARDING REPORTABLE 
              TRANSACTIONS.

    ``(a) In General.--If a person who is required to file a return 
under section 6111(a) with respect to any reportable transaction--
            ``(1) fails to file such return on or before the date 
        prescribed therefor, or
            ``(2) files false or incomplete information with the 
        Secretary with respect to such transaction,
such person shall pay a penalty with respect to such return in the 
amount determined under subsection (b).
    ``(b) Amount of Penalty.--
            ``(1) In general.--Except as provided in paragraph (2), the 
        penalty imposed under subsection (a) with respect to any 
        failure shall be $50,000.
            ``(2) Listed transactions.--The penalty imposed under 
        subsection (a) with respect to any listed transaction shall be 
        an amount equal to the greater of--
                    ``(A) $200,000, or
                    ``(B) 50 percent of the gross income derived by 
                such person with respect to aid, assistance, or advice 
                which is provided with respect to the listed 
                transaction before the date the return including the 
                transaction is filed under section 6111.
        Subparagraph (B) shall be applied by substituting `75 percent' 
        for `50 percent' in the case of an intentional failure or act 
        described in subsection (a).
    ``(c) Certain Rules To Apply.--The provisions of section 6707A(d) 
shall apply to any penalty imposed under this section.
    ``(d) Reportable and Listed Transactions.--The terms `reportable 
transaction' and `listed transaction' have the respective meanings 
given to such terms by section 6707A(c).''.
    (b) Clerical Amendment.--The item relating to section 6707 in the 
table of sections for part I of subchapter B of chapter 68 is amended 
by striking ``tax shelters'' and inserting ``reportable transactions''.
    (c) Effective Date.--The amendments made by this section shall 
apply to returns the due date for which is after the date of the 
enactment of this Act.

SEC. 409. MODIFICATION OF PENALTY FOR FAILURE TO MAINTAIN LISTS OF 
              INVESTORS.

    (a) In General.--Subsection (a) of section 6708 is amended to read 
as follows:
    ``(a) Imposition of Penalty.--
            ``(1) In general.--If any person who is required to 
        maintain a list under section 6112(a) fails to make such list 
        available upon written request to the Secretary in accordance 
        with section 6112(b)(1)(A) within 20 business days after the 
        date of the Secretary's request, such person shall pay a 
        penalty of $10,000 for each day of such failure after such 20th 
        day.
            ``(2) Reasonable cause exception.--No penalty shall be 
        imposed by paragraph (1) with respect to the failure on any day 
        if such failure is due to reasonable cause.''.
    (b) Effective Date.--The amendment made by this section shall apply 
to requests made after the date of the enactment of this Act.

SEC. 410. MODIFICATION OF ACTIONS TO ENJOIN CERTAIN CONDUCT RELATED TO 
              TAX SHELTERS AND REPORTABLE TRANSACTIONS.

    (a) In General.--Section 7408 (relating to action to enjoin 
promoters of abusive tax shelters, etc.) is amended by redesignating 
subsection (c) as subsection (d) and by striking subsections (a) and 
(b) and inserting the following new subsections:
    ``(a) Authority To Seek Injunction.--A civil action in the name of 
the United States to enjoin any person from further engaging in 
specified conduct may be commenced at the request of the Secretary. Any 
action under this section shall be brought in the district court of the 
United States for the district in which such person resides, has his 
principal place of business, or has engaged in specified conduct. The 
court may exercise its jurisdiction over such action (as provided in 
section 7402(a)) separate and apart from any other action brought by 
the United States against such person.
    ``(b) Adjudication and Decree.--In any action under subsection (a), 
if the court finds--
            ``(1) that the person has engaged in any specified conduct, 
        and
            ``(2) that injunctive relief is appropriate to prevent 
        recurrence of such conduct,
the court may enjoin such person from engaging in such conduct or in 
any other activity subject to penalty under this title.
    ``(c) Specified Conduct.--For purposes of this section, the term 
`specified conduct' means any action, or failure to take action, which 
is--
            ``(1) subject to penalty under section 6700, 6701, 6707, or 
        6708, or
            ``(2) in violation of any requirement under regulations 
        issued under section 320 of title 31, United States Code.''.
    (b) Conforming Amendments.--
            (1) The heading for section 7408 is amended to read as 
        follows:

``SEC. 7408. ACTIONS TO ENJOIN SPECIFIED CONDUCT RELATED TO TAX 
              SHELTERS AND REPORTABLE TRANSACTIONS.''.

            (2) The table of sections for subchapter A of chapter 67 is 
        amended by striking the item relating to section 7408 and 
        inserting the following new item:

        ``Sec. 7408. Actions to enjoin specified conduct related to tax 
                            shelters and reportable transactions.''.
    (c) Effective Date.--The amendment made by this section shall take 
effect on the day after the date of the enactment of this Act.

SEC. 411. UNDERSTATEMENT OF TAXPAYER'S LIABILITY BY INCOME TAX RETURN 
              PREPARER.

    (a) Standards Conformed to Taxpayer Standards.--Section 6694(a) 
(relating to understatements due to unrealistic positions) is amended--
            (1) by striking ``realistic possibility of being sustained 
        on its merits'' in paragraph (1) and inserting ``reasonable 
        belief that the tax treatment in such position was more likely 
        than not the proper treatment'',
            (2) by striking ``or was frivolous'' in paragraph (3) and 
        inserting ``or there was no reasonable basis for the tax 
        treatment of such position'', and
            (3) by striking ``Unrealistic'' in the heading and 
        inserting ``Improper''.
    (b) Amount of Penalty.--Section 6694 is amended--
            (1) by striking ``$250'' in subsection (a) and inserting 
        ``$1,000'', and
            (2) by striking ``$1,000'' in subsection (b) and inserting 
        ``$5,000''.
    (c) Effective Date.--The amendments made by this section shall 
apply to documents prepared after the date of the enactment of this 
Act.

SEC. 412. PENALTY ON FAILURE TO REPORT INTERESTS IN FOREIGN FINANCIAL 
              ACCOUNTS.

    (a) In General.--Section 5321(a)(5) of title 31, United States 
Code, is amended to read as follows:
            ``(5) Foreign financial agency transaction violation.--
                    ``(A) Penalty authorized.--The Secretary of the 
                Treasury may impose a civil money penalty on any person 
                who violates, or causes any violation of, any provision 
                of section 5314.
                    ``(B) Amount of penalty.--
                            ``(i) In general.--Except as provided in 
                        subparagraph (C), the amount of any civil 
                        penalty imposed under subparagraph (A) shall 
                        not exceed $10,000.
                            ``(ii) Reasonable cause exception.--No 
                        penalty shall be imposed under subparagraph (A) 
                        with respect to any violation if--
                                    ``(I) such violation was due to 
                                reasonable cause, and
                                    ``(II) the amount of the 
                                transaction or the balance in the 
                                account at the time of the transaction 
                                was properly reported.
                    ``(C) Willful violations.--In the case of any 
                person willfully violating, or willfully causing any 
                violation of, any provision of section 5314--
                            ``(i) the maximum penalty under 
                        subparagraph (B)(i) shall be increased to the 
                        greater of--
                                    ``(I) $100,000, or
                                    ``(II) 50 percent of the amount 
                                determined under subparagraph (D), and
                            ``(ii) subparagraph (B)(ii) shall not 
                        apply.
                    ``(D) Amount.--The amount determined under this 
                subparagraph is--
                            ``(i) in the case of a violation involving 
                        a transaction, the amount of the transaction, 
                        or
                            ``(ii) in the case of a violation involving 
                        a failure to report the existence of an account 
                        or any identifying information required to be 
                        provided with respect to an account, the 
                        balance in the account at the time of the 
                        violation.''.
    (b) Effective Date.--The amendment made by this section shall apply 
to violations occurring after the date of the enactment of this Act.

SEC. 413. FRIVOLOUS TAX SUBMISSIONS.

    (a) Civil Penalties.--Section 6702 is amended to read as follows:

``SEC. 6702. FRIVOLOUS TAX SUBMISSIONS.

    ``(a) Civil Penalty for Frivolous Tax Returns.--A person shall pay 
a penalty of $5,000 if--
            ``(1) such person files what purports to be a return of a 
        tax imposed by this title but which--
                    ``(A) does not contain information on which the 
                substantial correctness of the self-assessment may be 
                judged, or
                    ``(B) contains information that on its face 
                indicates that the self-assessment is substantially 
                incorrect; and
            ``(2) the conduct referred to in paragraph (1)--
                    ``(A) is based on a position which the Secretary 
                has identified as frivolous under subsection (c), or
                    ``(B) reflects a desire to delay or impede the 
                administration of Federal tax laws.
    ``(b) Civil Penalty for Specified Frivolous Submissions.--
            ``(1) Imposition of penalty.--Except as provided in 
        paragraph (3), any person who submits a specified frivolous 
        submission shall pay a penalty of $5,000.
            ``(2) Specified frivolous submission.--For purposes of this 
        section--
                    ``(A) Specified frivolous submission.--The term 
                `specified frivolous submission' means a specified 
                submission if any portion of such submission--
                            ``(i) is based on a position which the 
                        Secretary has identified as frivolous under 
                        subsection (c), or
                            ``(ii) reflects a desire to delay or impede 
                        the administration of Federal tax laws.
                    ``(B) Specified submission.--The term `specified 
                submission' means--
                            ``(i) a request for a hearing under--
                                    ``(I) section 6320 (relating to 
                                notice and opportunity for hearing upon 
                                filing of notice of lien), or
                                    ``(II) section 6330 (relating to 
                                notice and opportunity for hearing 
                                before levy), and
                            ``(ii) an application under--
                                    ``(I) section 6159 (relating to 
                                agreements for payment of tax liability 
                                in installments),
                                    ``(II) section 7122 (relating to 
                                compromises), or
                                    ``(III) section 7811 (relating to 
                                taxpayer assistance orders).
            ``(3) Opportunity to withdraw submission.--If the Secretary 
        provides a person with notice that a submission is a specified 
        frivolous submission and such person withdraws such submission 
        within 30 days after such notice, the penalty imposed under 
        paragraph (1) shall not apply with respect to such submission.
    ``(c) Listing of Frivolous Positions.--The Secretary shall 
prescribe (and periodically revise) a list of positions which the 
Secretary has identified as being frivolous for purposes of this 
subsection. The Secretary shall not include in such list any position 
that the Secretary determines meets the requirement of section 
6662(d)(2)(B)(ii)(II).
    ``(d) Reduction of Penalty.--The Secretary may reduce the amount of 
any penalty imposed under this section if the Secretary determines that 
such reduction would promote compliance with and administration of the 
Federal tax laws.
    ``(e) Penalties in Addition to Other Penalties.--The penalties 
imposed by this section shall be in addition to any other penalty 
provided by law.''.
    (b) Treatment of Frivolous Requests for Hearings Before Levy.--
            (1) Frivolous requests disregarded.--Section 6330 (relating 
        to notice and opportunity for hearing before levy) is amended 
        by adding at the end the following new subsection:
    ``(g) Frivolous Requests for Hearing, etc.--Notwithstanding any 
other provision of this section, if the Secretary determines that any 
portion of a request for a hearing under this section or section 6320 
meets the requirement of clause (i) or (ii) of section 6702(b)(2)(A), 
then the Secretary may treat such portion as if it were never submitted 
and such portion shall not be subject to any further administrative or 
judicial review.''.
            (2) Preclusion from raising frivolous issues at hearing.--
        Section 6330(c)(4) is amended--
                    (A) by striking ``(A)'' and inserting ``(A)(i)'';
                    (B) by striking ``(B)'' and inserting ``(ii)'';
                    (C) by striking the period at the end of the first 
                sentence and inserting ``; or''; and
                    (D) by inserting after subparagraph (A)(ii) (as so 
                redesignated) the following:
                    ``(B) the issue meets the requirement of clause (i) 
                or (ii) of section 6702(b)(2)(A).''.
            (3) Statement of grounds.--Section 6330(b)(1) is amended by 
        striking ``under subsection (a)(3)(B)'' and inserting ``in 
        writing under subsection (a)(3)(B) and states the grounds for 
        the requested hearing''.
    (c) Treatment of Frivolous Requests for Hearings Upon Filing of 
Notice of Lien.--Section 6320 is amended--
            (1) in subsection (b)(1), by striking ``under subsection 
        (a)(3)(B)'' and inserting ``in writing under subsection 
        (a)(3)(B) and states the grounds for the requested hearing'', 
        and
            (2) in subsection (c), by striking ``and (e)'' and 
        inserting ``(e), and (g)''.
    (d) Treatment of Frivolous Applications for Offers-in-Compromise 
and Installment Agreements.--Section 7122 is amended by adding at the 
end the following new subsection:
    ``(e) Frivolous Submissions, etc.--Notwithstanding any other 
provision of this section, if the Secretary determines that any portion 
of an application for an offer-in-compromise or installment agreement 
submitted under this section or section 6159 meets the requirement of 
clause (i) or (ii) of section 6702(b)(2)(A), then the Secretary may 
treat such portion as if it were never submitted and such portion shall 
not be subject to any further administrative or judicial review.''.
    (e) Clerical Amendment.--The table of sections for part I of 
subchapter B of chapter 68 is amended by striking the item relating to 
section 6702 and inserting the following new item:

                              ``Sec. 6702. Frivolous tax 
                                        submissions.''.
    (f) Effective Date.--The amendments made by this section shall 
apply to submissions made and issues raised after the date on which the 
Secretary first prescribes a list under section 6702(c) of the Internal 
Revenue Code of 1986, as amended by subsection (a).

SEC. 414. REGULATION OF INDIVIDUALS PRACTICING BEFORE THE DEPARTMENT OF 
              TREASURY.

    (a) Censure; Imposition of Penalty.--
            (1) In general.--Section 330(b) of title 31, United States 
        Code, is amended--
                    (A) by inserting ``, or censure,'' after 
                ``Department'', and
                    (B) by adding at the end the following new flush 
                sentence:
``The Secretary may impose a monetary penalty on any representative 
described in the preceding sentence. If the representative was acting 
on behalf of an employer or any firm or other entity in connection with 
the conduct giving rise to such penalty, the Secretary may impose a 
monetary penalty on such employer, firm, or entity if it knew, or 
reasonably should have known, of such conduct. Such penalty shall not 
exceed the gross income derived (or to be derived) from the conduct 
giving rise to the penalty and may be in addition to, or in lieu of, 
any suspension, disbarment, or censure of the representative.''.
            (2) Effective date.--The amendments made by this subsection 
        shall apply to actions taken after the date of the enactment of 
        this Act.
    (b) Tax Shelter Opinions, etc.--Section 330 of such title 31 is 
amended by adding at the end the following new subsection:
    ``(d) Nothing in this section or in any other provision of law 
shall be construed to limit the authority of the Secretary of the 
Treasury to impose standards applicable to the rendering of written 
advice with respect to any entity, transaction plan or arrangement, or 
other plan or arrangement, which is of a type which the Secretary 
determines as having a potential for tax avoidance or evasion.''.

SEC. 415. PENALTY FOR PROMOTING ABUSIVE TAX SHELTERS.

    (a) Penalty for Promoting Abusive Tax Shelters.--Section 6700 
(relating to promoting abusive tax shelters, etc.) is amended--
            (1) by redesignating subsections (b) and (c) as subsections 
        (d) and (e), respectively,
            (2) by striking ``a penalty'' and all that follows through 
        the period in the first sentence of subsection (a) and 
        inserting ``a penalty determined under subsection (b)'', and
            (3) by inserting after subsection (a) the following new 
        subsections:
    ``(b) Amount of Penalty; Calculation of Penalty; Liability for 
Penalty.--
            ``(1) Amount of penalty.--The amount of the penalty imposed 
        by subsection (a) shall not exceed 100 percent of the gross 
        income derived (or to be derived) from such activity by the 
        person or persons subject to such penalty.
            ``(2) Calculation of penalty.--The penalty amount 
        determined under paragraph (1) shall be calculated with respect 
        to each instance of an activity described in subsection (a), 
        each instance in which income was derived by the person or 
        persons subject to such penalty, and each person who 
        participated in such an activity.
            ``(3) Liability for penalty.--If more than 1 person is 
        liable under subsection (a) with respect to such activity, all 
        such persons shall be jointly and severally liable for the 
        penalty under such subsection.
    ``(c) Penalty Not Deductible.--The payment of any penalty imposed 
under this section or the payment of any amount to settle or avoid the 
imposition of such penalty shall not be deductible by the person who is 
subject to such penalty or who makes such payment.''.
    (b) Effective Date.--The amendments made by this section shall 
apply to activities after the date of the enactment of this Act.

SEC. 416. STATUTE OF LIMITATIONS FOR TAXABLE YEARS FOR WHICH REQUIRED 
              LISTED TRANSACTIONS NOT REPORTED.

    (a) In General.--Section 6501(c) (relating to exceptions) is 
amended by adding at the end the following new paragraph:
            ``(10) Listed transactions.--If a taxpayer fails to include 
        on any return or statement for any taxable year any information 
        with respect to a listed transaction (as defined in section 
        6707A(c)(2)) which is required under section 6011 to be 
        included with such return or statement, the time for assessment 
        of any tax imposed by this title with respect to such 
        transaction shall not expire before the date which is 1 year 
        after the earlier of--
                    ``(A) the date on which the Secretary is furnished 
                the information so required; or
                    ``(B) the date that a material advisor (as defined 
                in section 6111) meets the requirements of section 6112 
                with respect to a request by the Secretary under 
                section 6112(b) relating to such transaction with 
                respect to such taxpayer.''.
    (b) Effective Date.--The amendment made by this section shall apply 
to taxable years with respect to which the period for assessing a 
deficiency did not expire before the date of the enactment of this Act.

SEC. 417. DENIAL OF DEDUCTION FOR INTEREST ON UNDERPAYMENTS 
              ATTRIBUTABLE TO NONDISCLOSED REPORTABLE AND NONECONOMIC 
              SUBSTANCE TRANSACTIONS.

    (a) In General.--Section 163 (relating to deduction for interest) 
is amended by redesignating subsection (m) as subsection (n) and by 
inserting after subsection (l) the following new subsection:
    ``(m) Interest on Unpaid Taxes Attributable To Nondisclosed 
Reportable Transactions and Noneconomic Substance Transactions.--No 
deduction shall be allowed under this chapter for any interest paid or 
accrued under section 6601 on any underpayment of tax which is 
attributable to--
            ``(1) the portion of any reportable transaction 
        understatement (as defined in section 6662A(b)) with respect to 
        which the requirement of section 6664(d)(2)(A) is not met, or
            ``(2) any noneconomic substance transaction understatement 
        (as defined in section 6662B(c)).''.
    (b) Effective Date.--The amendments made by this section shall 
apply to transactions in taxable years beginning after the date of the 
enactment of this Act.

SEC. 418. AUTHORIZATION OF APPROPRIATIONS FOR TAX LAW ENFORCEMENT.

    There is authorized to be appropriated $300,000,000 for each fiscal 
year beginning after September 30, 2003, for the purpose of carrying 
out tax law enforcement to combat tax avoidance transactions and other 
tax shelters, including the use of offshore financial accounts to 
conceal taxable income.

SEC. 419. PENALTY FOR AIDING AND ABETTING THE UNDERSTATEMENT OF TAX 
              LIABILITY.

    (a) In General.--Section 6701(a) (relating to imposition of 
penalty) is amended--
            (1) by inserting ``the tax liability or'' after ``respect 
        to,'' in paragraph (1),
            (2) by inserting ``aid, assistance, procurement, or advice 
        with respect to such'' before ``portion'' both places it 
        appears in paragraphs (2) and (3), and
            (3) by inserting ``instance of aid, assistance, 
        procurement, or advice or each such'' before ``document'' in 
        the matter following paragraph (3).
    (b) Amount of Penalty.--Subsection (b) of section 6701 (relating to 
penalties for aiding and abetting understatement of tax liability) is 
amended to read as follows:
    ``(b) Amount of Penalty; Calculation of Penalty; Liability for 
Penalty.--
            ``(1) Amount of penalty.--The amount of the penalty imposed 
        by subsection (a) shall not exceed 100 percent of the gross 
        income derived (or to be derived) from such aid, assistance, 
        procurement, or advice provided by the person or persons 
        subject to such penalty.
            ``(2) Calculation of penalty.--The penalty amount 
        determined under paragraph (1) shall be calculated with respect 
        to each instance of aid, assistance, procurement, or advice 
        described in subsection (a), each instance in which income was 
        derived by the person or persons subject to such penalty, and 
        each person who made such an understatement of the liability 
        for tax.
            ``(3) Liability for penalty.--If more than 1 person is 
        liable under subsection (a) with respect to providing such aid, 
        assistance, procurement, or advice, all such persons shall be 
        jointly and severally liable for the penalty under such 
        subsection.''.
    (c) Penalty Not Deductible.--Section 6701 is amended by adding at 
the end the following new subsection:
    ``(g) Penalty Not Deductible.--The payment of any penalty imposed 
under this section or the payment of any amount to settle or avoid the 
imposition of such penalty shall not be deductible by the person who is 
subject to such penalty or who makes such payment.''.
    (d) Effective Date.--The amendments made by this section shall 
apply to activities after the date of the enactment of this Act.

SEC. 420. STUDY ON INFORMATION SHARING AMONG LAW ENFORCEMENT AGENCIES.

    (a) Study.--The Secretary of the Treasury shall, jointly with the 
Attorney General, the Securities and Exchange Commission, and the 
Commissioner of Internal Revenue, study the effectiveness of, and ways 
to improve, the sharing of information related to the promotion of 
prohibited tax shelters or tax avoidance schemes and other potential 
violations of Federal laws.
    (b) Report.--The Secretary shall, not later than 1 year after the 
date of the enactment of this Act, report to the appropriate committees 
of the Congress the results of the study under subsection (a), 
including any recommendations for legislation.

           Subtitle B--Other Corporate Governance Provisions

SEC. 421. AFFIRMATION OF CONSOLIDATED RETURN REGULATION AUTHORITY.

    (a) In General.--Section 1502 (relating to consolidated return 
regulations) is amended by adding at the end the following new 
sentence: ``In prescribing such regulations, the Secretary may 
prescribe rules applicable to corporations filing consolidated returns 
under section 1501 that are different from other provisions of this 
title that would apply if such corporations filed separate returns.''.
    (b) Result Not Overturned.--Notwithstanding subsection (a), the 
Internal Revenue Code of 1986 shall be construed by treating Treasury 
regulation Sec. 1.1502-20(c)(1)(iii) (as in effect on January 1, 2001) 
as being inapplicable to the type of factual situation in 255 F.3d 1357 
(Fed. Cir. 2001).
    (c) Effective Date.--The provisions of this section shall apply to 
taxable years beginning before, on, or after the date of the enactment 
of this Act.

SEC. 422. DECLARATION BY CHIEF EXECUTIVE OFFICER RELATING TO FEDERAL 
              ANNUAL INCOME TAX RETURN OF A CORPORATION.

    (a) In General.--The Federal annual tax return of a corporation 
with respect to income shall also include a declaration signed by the 
chief executive officer of such corporation (or other such officer of 
the corporation as the Secretary of the Treasury may designate if the 
corporation does not have a chief executive officer), under penalties 
of perjury, that the corporation has in place processes and procedures 
to ensure that such return complies with the Internal Revenue Code of 
1986 and that the chief executive officer was provided reasonable 
assurance of the accuracy of all material aspects of such return. The 
preceding sentence shall not apply to any return of a regulated 
investment company (within the meaning of section 851 of such Code).
    (b) Effective Date.--This section shall apply to the Federal annual 
tax return of a corporation with respect to income for taxable years 
ending after the date of the enactment of this Act.

SEC. 423. DENIAL OF DEDUCTION FOR CERTAIN FINES, PENALTIES, AND OTHER 
              AMOUNTS.

    (a) In General.--Subsection (f) of section 162 (relating to trade 
or business expenses) is amended to read as follows:
    ``(f) Fines, Penalties, and Other Amounts.--
            ``(1) In general.--Except as provided in paragraph (2), no 
        deduction otherwise allowable shall be allowed under this 
        chapter for any amount paid or incurred (whether by suit, 
        agreement, or otherwise) to, or at the direction of, a 
        government or entity described in paragraph (4) in relation to 
        the violation of any law or the investigation or inquiry by 
        such government or entity into the potential violation of any 
        law.
            ``(2) Exception for amounts constituting restitution.--
        Paragraph (1) shall not apply to any amount which the taxpayer 
        establishes constitutes restitution (including remediation of 
        property) for damage or harm caused by or which may be caused 
        by the violation of any law or the potential violation of any 
        law. This paragraph shall not apply to any amount paid or 
        incurred as reimbursement to the government or entity for the 
        costs of any investigation or litigation.
            ``(3) Exception for amounts paid or incurred as the result 
        of certain court orders.--Paragraph (1) shall not apply to any 
        amount paid or incurred by order of a court in a suit in which 
        no government or entity described in paragraph (4) is a party.
            ``(4) Certain nongovernmental regulatory entities.--An 
        entity is described in this paragraph if it is--
                    ``(A) a nongovernmental entity which exercises 
                self-regulatory powers (including imposing sanctions) 
                in connection with a qualified board or exchange (as 
                defined in section 1256(g)(7)), or
                    ``(B) to the extent provided in regulations, a 
                nongovernmental entity which exercises self-regulatory 
                powers (including imposing sanctions) as part of 
                performing an essential governmental function.
            ``(5) Exception for taxes due.--Paragraph (1) shall not 
        apply to any amount paid or incurred as taxes due.''.
    (b) Effective Date.--The amendment made by this section shall apply 
to amounts paid or incurred after April 27, 2003, except that such 
amendment shall not apply to amounts paid or incurred under any binding 
order or agreement entered into on or before April 27, 2003. Such 
exception shall not apply to an order or agreement requiring court 
approval unless the approval was obtained on or before April 27, 2003.

SEC. 424. DISALLOWANCE OF DEDUCTION FOR PUNITIVE DAMAGES.

    (a) Disallowance of Deduction.--
            (1) In general.--Section 162(g) (relating to treble damage 
        payments under the antitrust laws) is amended--
                    (A) by redesignating paragraphs (1) and (2) as 
                subparagraphs (A) and (B), respectively,
                    (B) by striking ``If'' and inserting:
            ``(1) Treble damages.--If'', and
                    (C) by adding at the end the following new 
                paragraph:
            ``(2) Punitive damages.--No deduction shall be allowed 
        under this chapter for any amount paid or incurred for punitive 
        damages in connection with any judgment in, or settlement of, 
        any action. This paragraph shall not apply to punitive damages 
        described in section 104(c).''.
            (2) Conforming amendment.--The heading for section 162(g) 
        is amended by inserting ``or Punitive Damages'' after ``Laws''.
    (b) Inclusion in Income of Punitive Damages Paid by Insurer or 
Otherwise.--
            (1) In general.--Part II of subchapter B of chapter 1 
        (relating to items specifically included in gross income) is 
        amended by adding at the end the following new section:

``SEC. 91. PUNITIVE DAMAGES COMPENSATED BY INSURANCE OR OTHERWISE.

    ``Gross income shall include any amount paid to or on behalf of a 
taxpayer as insurance or otherwise by reason of the taxpayer's 
liability (or agreement) to pay punitive damages.''.
            (2) Reporting requirements.--Section 6041 (relating to 
        information at source) is amended by adding at the end the 
        following new subsection:
    ``(f) Section To Apply to Punitive Damages Compensation.--This 
section shall apply to payments by a person to or on behalf of another 
person as insurance or otherwise by reason of the other person's 
liability (or agreement) to pay punitive damages.''.
            (3) Conforming amendment.--The table of sections for part 
        II of subchapter B of chapter 1 is amended by adding at the end 
        the following new item:

``Sec. 91. Punitive damages compensated by insurance or otherwise.''.
    (c) Effective Date.--The amendments made by this section shall 
apply to damages paid or incurred on or after the date of the enactment 
of this Act.

SEC. 425. INCREASE IN CRIMINAL MONETARY PENALTY LIMITATION FOR THE 
              UNDERPAYMENT OR OVERPAYMENT OF TAX DUE TO FRAUD.

    (a) In General.--Section 7206 (relating to fraud and false 
statements) is amended--
            (1) by striking ``Any person who--'' and inserting ``(a) In 
        General.--Any person who--'', and
            (2) by adding at the end the following new subsection:
    ``(b) Increase in Monetary Limitation for Underpayment or 
Overpayment of Tax Due to Fraud.--If any portion of any underpayment 
(as defined in section 6664(a)) or overpayment (as defined in section 
6401(a)) of tax required to be shown on a return is attributable to 
fraudulent action described in subsection (a), the applicable dollar 
amount under subsection (a) shall in no event be less than an amount 
equal to such portion. A rule similar to the rule under section 6663(b) 
shall apply for purposes of determining the portion so attributable.''.
    (b) Increase in Penalties.--
            (1) Attempt to evade or defeat tax.--Section 7201 is 
        amended--
                    (A) by striking ``$100,000'' and inserting 
                ``$250,000'',
                    (B) by striking ``$500,000'' and inserting 
                ``$1,000,000'', and
                    (C) by striking ``5 years'' and inserting ``10 
                years''.
            (2) Willful failure to file return, supply information, or 
        pay tax.--Section 7203 is amended--
                    (A) in the first sentence--
                            (i) by striking ``misdemeanor'' and 
                        inserting ``felony'', and
                            (ii) by striking ``1 year'' and inserting 
                        ``10 years'', and
                    (B) by striking the third sentence.
            (3) Fraud and false statements.--Section 7206(a) (as 
        redesignated by subsection (a)) is amended--
                    (A) by striking ``$100,000'' and inserting 
                ``$250,000'',
                    (B) by striking ``$500,000'' and inserting 
                ``$1,000,000'', and
                    (C) by striking ``3 years'' and inserting ``5 
                years''.
    (c) Effective Date.--The amendments made by this section shall 
apply to underpayments and overpayments attributable to actions 
occurring after the date of the enactment of this Act.

            Subtitle C--Enron-Related Tax Shelter Provisions

SEC. 431. LIMITATION ON TRANSFER OR IMPORTATION OF BUILT-IN LOSSES.

    (a) In General.--Section 362 (relating to basis to corporations) is 
amended by adding at the end the following new subsection:
    ``(e) Limitations on Built-In Losses.--
            ``(1) Limitation on importation of built-in losses.--
                    ``(A) In general.--If in any transaction described 
                in subsection (a) or (b) there would (but for this 
                subsection) be an importation of a net built-in loss, 
                the basis of each property described in subparagraph 
                (B) which is acquired in such transaction shall 
                (notwithstanding subsections (a) and (b)) be its fair 
                market value immediately after such transaction.
                    ``(B) Property described.--For purposes of 
                subparagraph (A), property is described in this 
                subparagraph if--
                            ``(i) gain or loss with respect to such 
                        property is not subject to tax under this 
                        subtitle in the hands of the transferor 
                        immediately before the transfer, and
                            ``(ii) gain or loss with respect to such 
                        property is subject to such tax in the hands of 
                        the transferee immediately after such transfer.
                In any case in which the transferor is a partnership, 
                the preceding sentence shall be applied by treating 
                each partner in such partnership as holding such 
                partner's proportionate share of the property of such 
                partnership.
                    ``(C) Importation of net built-in loss.--For 
                purposes of subparagraph (A), there is an importation 
                of a net built-in loss in a transaction if the 
                transferee's aggregate adjusted bases of property 
                described in subparagraph (B) which is transferred in 
                such transaction would (but for this paragraph) exceed 
                the fair market value of such property immediately 
                after such transaction.
            ``(2) Limitation on transfer of built-in losses in section 
        351 transactions.--
                    ``(A) In general.--If--
                            ``(i) property is transferred by a 
                        transferor in any transaction which is 
                        described in subsection (a) and which is not 
                        described in paragraph (1) of this subsection, 
                        and
                            ``(ii) the transferee's aggregate adjusted 
                        bases of such property so transferred would 
                        (but for this paragraph) exceed the fair market 
                        value of such property immediately after such 
                        transaction,
                then, notwithstanding subsection (a), the transferee's 
                aggregate adjusted bases of the property so transferred 
                shall not exceed the fair market value of such property 
                immediately after such transaction.
                    ``(B) Allocation of basis reduction.--The aggregate 
                reduction in basis by reason of subparagraph (A) shall 
                be allocated among the property so transferred in 
                proportion to their respective built-in losses 
                immediately before the transaction.
                    ``(C) Exception for transfers within affiliated 
                group.--Subparagraph (A) shall not apply to any 
                transaction if the transferor owns stock in the 
                transferee meeting the requirements of section 
                1504(a)(2). In the case of property to which 
                subparagraph (A) does not apply by reason of the 
                preceding sentence, the transferor's basis in the stock 
                received for such property shall not exceed its fair 
                market value immediately after the transfer.''.
    (b) Comparable Treatment Where Liquidation.--Paragraph (1) of 
section 334(b) (relating to liquidation of subsidiary) is amended to 
read as follows:
            ``(1) In general.--If property is received by a corporate 
        distributee in a distribution in a complete liquidation to 
        which section 332 applies (or in a transfer described in 
        section 337(b)(1)), the basis of such property in the hands of 
        such distributee shall be the same as it would be in the hands 
        of the transferor; except that the basis of such property in 
        the hands of such distributee shall be the fair market value of 
        the property at the time of the distribution--
                    ``(A) in any case in which gain or loss is 
                recognized by the liquidating corporation with respect 
                to such property, or
                    ``(B) in any case in which the liquidating 
                corporation is a foreign corporation, the corporate 
                distributee is a domestic corporation, and the 
                corporate distributee's aggregate adjusted bases of 
                property described in section 362(e)(1)(B) which is 
                distributed in such liquidation would (but for this 
                subparagraph) exceed the fair market value of such 
                property immediately after such liquidation.''.
    (c) Effective Dates.--
            (1) In general.--The amendment made by subsection (a) shall 
        apply to transactions after December 31, 2003.
            (2) Liquidations.--The amendment made by subsection (b) 
        shall apply to liquidations after December 31, 2003.

SEC. 432. NO REDUCTION OF BASIS UNDER SECTION 734 IN STOCK HELD BY 
              PARTNERSHIP IN CORPORATE PARTNER.

    (a) In General.--Section 755 is amended by adding at the end the 
following new subsection:
    ``(c) No Allocation of Basis Decrease to Stock of Corporate 
Partner.--In making an allocation under subsection (a) of any decrease 
in the adjusted basis of partnership property under section 734(b)--
            ``(1) no allocation may be made to stock in a corporation 
        (or any person which is related (within the meaning of section 
        267(b) or 707(b)(1)) to such corporation) which is a partner in 
        the partnership, and
            ``(2) any amount not allocable to stock by reason of 
        paragraph (1) shall be allocated under subsection (a) to other 
        partnership property in such manner as the Secretary may 
        prescribe.
Gain shall be recognized to the partnership to the extent that the 
amount required to be allocated under paragraph (2) to other 
partnership property exceeds the aggregate adjusted basis of such other 
property immediately before the allocation required by paragraph 
(2).''.
    (b) Effective Date.--The amendment made by this section shall apply 
to distributions after February 13, 2003.

SEC. 433. REPEAL OF SPECIAL RULES FOR FASITS.

    (a) In General.--Part V of subchapter M of chapter 1 (relating to 
financial asset securitization investment trusts) is hereby repealed.
    (b) Conforming Amendments.--
            (1) Paragraph (6) of section 56(g) is amended by striking 
        ``REMIC, or FASIT'' and inserting ``or REMIC''.
            (2) Clause (ii) of section 382(l)(4)(B) is amended by 
        striking ``a REMIC to which part IV of subchapter M applies, or 
        a FASIT to which part V of subchapter M applies,'' and 
        inserting ``or a REMIC to which part IV of subchapter M 
        applies,''.
            (3) Paragraph (1) of section 582(c) is amended by striking 
        ``, and any regular interest in a FASIT,''.
            (4) Subparagraph (E) of section 856(c)(5) is amended by 
        striking the last sentence.
            (5)(A) Section 860G(a)(1) is amended by adding at the end 
        the following new sentence: ``An interest shall not fail to 
        qualify as a regular interest solely because the specified 
        principal amount of the regular interest (or the amount of 
        interest accrued on the regular interest) can be reduced as a 
        result of the nonoccurrence of 1 or more contingent payments 
        with respect to any reverse mortgage loan held by the REMIC if, 
        on the startup day for the REMIC, the sponsor reasonably 
        believes that all principal and interest due under the regular 
        interest will be paid at or prior to the liquidation of the 
        REMIC.''.
            (B) The last sentence of section 860G(a)(3) is amended by 
        inserting ``, and any reverse mortgage loan (and each balance 
        increase on such loan meeting the requirements of subparagraph 
        (A)(iii)) shall be treated as an obligation secured by an 
        interest in real property'' before the period at the end.
            (6) Paragraph (3) of section 860G(a) is amended by adding 
        ``and'' at the end of subparagraph (B), by striking ``, and'' 
        at the end of subparagraph (C) and inserting a period, and by 
        striking subparagraph (D).
            (7) Section 860G(a)(3), as amended by paragraph (6), is 
        amended by adding at the end the following new sentence: ``For 
        purposes of subparagraph (A), if more than 50 percent of the 
        obligations transferred to, or purchased by, the REMIC are 
        originated by the United States or any State (or any political 
        subdivision, agency, or instrumentality of the United States or 
        any State) and are principally secured by an interest in real 
        property, then each obligation transferred to, or purchased by, 
        the REMIC shall be treated as secured by an interest in real 
        property.''.
            (8)(A) Section 860G(a)(3)(A) is amended by striking ``or'' 
        at the end of clause (i), by inserting ``or'' at the end of 
        clause (ii), and by inserting after clause (ii) the following 
        new clause:
                            ``(iii) represents an increase in the 
                        principal amount under the original terms of an 
                        obligation described in clause (i) or (ii) if 
                        such increase--
                                    ``(I) is attributable to an advance 
                                made to the obligor pursuant to the 
                                original terms of the obligation,
                                    ``(II) occurs after the startup 
                                day, and
                                    ``(III) is purchased by the REMIC 
                                pursuant to a fixed price contract in 
                                effect on the startup day.''.
            (B) Section 860G(a)(7)(B) is amended to read as follows:
                    ``(B) Qualified reserve fund.--For purposes of 
                subparagraph (A), the term `qualified reserve fund' 
                means any reasonably required reserve to--
                            ``(i) provide for full payment of expenses 
                        of the REMIC or amounts due on regular 
                        interests in the event of defaults on qualified 
                        mortgages or lower than expected returns on 
                        cash flow investments, or
                            ``(ii) provide a source of funds for the 
                        purchase of obligations described in clause 
                        (ii) or (iii) of paragraph (3)(A).
                The aggregate fair market value of the assets held in 
                any such reserve shall not exceed 50 percent of the 
                aggregate fair market value of all of the assets of the 
                REMIC on the startup day, and the amount of any such 
                reserve shall be promptly and appropriately reduced to 
                the extent the amount held in such reserve is no longer 
                reasonably required for purposes specified in clause 
                (i) or (ii) of this subparagraph.''.
            (9) Subparagraph (C) of section 1202(e)(4) is amended by 
        striking ``REMIC, or FASIT'' and inserting ``or REMIC''.
            (10) Clause (xi) of section 7701(a)(19)(C) is amended--
                    (A) by striking ``and any regular interest in a 
                FASIT,'', and
                    (B) by striking ``or FASIT'' each place it appears.
            (11) Subparagraph (A) of section 7701(i)(2) is amended by 
        striking ``or a FASIT''.
            (12) The table of parts for subchapter M of chapter 1 is 
        amended by striking the item relating to part V.
    (c) Effective Date.--
            (1) In general.--Except as provided in paragraph (2), the 
        amendments made by this section shall take effect on February 
        14, 2003.
            (2) Exception for existing fasits.--Paragraph (1) shall not 
        apply to any FASIT in existence on the date of the enactment of 
        this Act to the extent that regular interests issued by the 
        FASIT before such date continue to remain outstanding in 
        accordance with the original terms of issuance.

SEC. 434. EXPANDED DISALLOWANCE OF DEDUCTION FOR INTEREST ON 
              CONVERTIBLE DEBT.

    (a) In General.--Paragraph (2) of section 163(l) is amended by 
inserting ``or equity held by the issuer (or any related party) in any 
other person'' after ``or a related party''.
    (b) Capitalization Allowed With Respect to Equity of Persons Other 
Than Issuer and Related Parties.--Section 163(l) is amended by 
redesignating paragraphs (4) and (5) as paragraphs (5) and (6) and by 
inserting after paragraph (3) the following new paragraph:
            ``(4) Capitalization allowed with respect to equity of 
        persons other than issuer and related parties.--If the 
        disqualified debt instrument of a corporation is payable in 
        equity held by the issuer (or any related party) in any other 
        person (other than a related party), the basis of such equity 
        shall be increased by the amount not allowed as a deduction by 
        reason of paragraph (1) with respect to the instrument.''.
    (c) Exception for Certain Instruments Issued by Dealers in 
Securities.--Section 163(l), as amended by subsection (b), is amended 
by redesignating paragraphs (5) and (6) as paragraphs (6) and (7) and 
by inserting after paragraph (4) the following new paragraph:
            ``(5) Exception for certain instruments issued by dealers 
        in securities.--For purposes of this subsection, the term 
        `disqualified debt instrument' does not include indebtedness 
        issued by a dealer in securities (or a related party) which is 
        payable in, or by reference to, equity (other than equity of 
        the issuer or a related party) held by such dealer in its 
        capacity as a dealer in securities. For purposes of this 
        paragraph, the term `dealer in securities' has the meaning 
        given such term by section 475.''.
    (d) Conforming Amendments.--Paragraph (3) of section 163(l) is 
amended--
            (1) by striking ``or a related party'' in the material 
        preceding subparagraph (A) and inserting ``or any other 
        person'', and
            (2) by striking ``or interest'' each place it appears.
    (e) Effective Date.--The amendments made by this section shall 
apply to debt instruments issued after February 13, 2003.

SEC. 435. EXPANDED AUTHORITY TO DISALLOW TAX BENEFITS UNDER SECTION 
              269.

    (a) In General.--Subsection (a) of section 269 (relating to 
acquisitions made to evade or avoid income tax) is amended to read as 
follows:
    ``(a) In General.--If--
            ``(1)(A) any person or persons acquire, directly or 
        indirectly, control of a corporation, or
            ``(B) any corporation acquires, directly or indirectly, 
        property of another corporation and the basis of such property, 
        in the hands of the acquiring corporation, is determined by 
        reference to the basis in the hands of the transferor 
        corporation, and
            ``(2) the principal purpose for which such acquisition was 
        made is evasion or avoidance of Federal income tax,
then the Secretary may disallow such deduction, credit, or other 
allowance. For purposes of paragraph (1)(A), control means the 
ownership of stock possessing at least 50 percent of the total combined 
voting power of all classes of stock entitled to vote or at least 50 
percent of the total value of all shares of all classes of stock of the 
corporation.''.
    (b) Effective Date.--The amendment made by this section shall apply 
to stock and property acquired after February 13, 2003.

SEC. 436. MODIFICATION OF INTERACTION BETWEEN SUBPART F AND PASSIVE 
              FOREIGN INVESTMENT COMPANY RULES.

    (a) Limitation on Exception From PFIC Rules for United States 
Shareholders of Controlled Foreign Corporations.--Paragraph (2) of 
section 1297(e) (relating to passive foreign investment company) is 
amended by adding at the end the following flush sentence:
                ``Such term shall not include any period if the earning 
                of subpart F income by such corporation during such 
                period would result in only a remote likelihood of an 
                inclusion in gross income under section 
                951(a)(1)(A)(i).''.
    (b) Effective Date.--The amendment made by this section shall apply 
to taxable years of controlled foreign corporations beginning after 
February 13, 2003, and to taxable years of United States shareholders 
with or within which such taxable years of controlled foreign 
corporations end.

           Subtitle D--Provisions to Discourage Expatriation

SEC. 441. TAX TREATMENT OF INVERTED CORPORATE ENTITIES.

    (a) In General.--Subchapter C of chapter 80 (relating to provisions 
affecting more than one subtitle) is amended by adding at the end the 
following new section:

``SEC. 7874. RULES RELATING TO INVERTED CORPORATE ENTITIES.

    ``(a) Inverted Corporations Treated as Domestic Corporations.--
            ``(1) In general.--If a foreign incorporated entity is 
        treated as an inverted domestic corporation, then, 
        notwithstanding section 7701(a)(4), such entity shall be 
        treated for purposes of this title as a domestic corporation.
            ``(2) Inverted domestic corporation.--For purposes of this 
        section, a foreign incorporated entity shall be treated as an 
        inverted domestic corporation if, pursuant to a plan (or a 
        series of related transactions)--
                    ``(A) the entity completes after March 20, 2002, 
                the direct or indirect acquisition of substantially all 
                of the properties held directly or indirectly by a 
                domestic corporation or substantially all of the 
                properties constituting a trade or business of a 
                domestic partnership,
                    ``(B) after the acquisition at least 80 percent of 
                the stock (by vote or value) of the entity is held--
                            ``(i) in the case of an acquisition with 
                        respect to a domestic corporation, by former 
                        shareholders of the domestic corporation by 
                        reason of holding stock in the domestic 
                        corporation, or
                            ``(ii) in the case of an acquisition with 
                        respect to a domestic partnership, by former 
                        partners of the domestic partnership by reason 
                        of holding a capital or profits interest in the 
                        domestic partnership, and
                    ``(C) the expanded affiliated group which after the 
                acquisition includes the entity does not have 
                substantial business activities in the foreign country 
                in which or under the law of which the entity is 
                created or organized when compared to the total 
                business activities of such expanded affiliated group.
        Except as provided in regulations, an acquisition of properties 
        of a domestic corporation shall not be treated as described in 
        subparagraph (A) if none of the corporation's stock was readily 
        tradeable on an established securities market at any time 
        during the 4-year period ending on the date of the acquisition.
    ``(b) Preservation of Domestic Tax Base in Certain Inversion 
Transactions to Which Subsection (a) Does Not Apply.--
            ``(1) In general.--If a foreign incorporated entity would 
        be treated as an inverted domestic corporation with respect to 
        an acquired entity if either--
                    ``(A) subsection (a)(2)(A) were applied by 
                substituting `after December 31, 1996, and on or before 
                March 20, 2002' for `after March 20, 2002' and 
                subsection (a)(2)(B) were applied by substituting `more 
                than 50 percent' for `at least 80 percent', or
                    ``(B) subsection (a)(2)(B) were applied by 
                substituting `more than 50 percent' for `at least 80 
                percent',
        then the rules of subsection (c) shall apply to any inversion 
        gain of the acquired entity during the applicable period and 
        the rules of subsection (d) shall apply to any related party 
        transaction of the acquired entity during the applicable 
        period. This subsection shall not apply for any taxable year if 
        subsection (a) applies to such foreign incorporated entity for 
        such taxable year.
            ``(2) Acquired entity.--For purposes of this section--
                    ``(A) In general.--The term `acquired entity' means 
                the domestic corporation or partnership substantially 
                all of the properties of which are directly or 
                indirectly acquired in an acquisition described in 
                subsection (a)(2)(A) to which this subsection applies.
                    ``(B) Aggregation rules.--Any domestic person 
                bearing a relationship described in section 267(b) or 
                707(b) to an acquired entity shall be treated as an 
                acquired entity with respect to the acquisition 
                described in subparagraph (A).
            ``(3) Applicable period.--For purposes of this section--
                    ``(A) In general.--The term `applicable period' 
                means the period--
                            ``(i) beginning on the first date 
                        properties are acquired as part of the 
                        acquisition described in subsection (a)(2)(A) 
                        to which this subsection applies, and
                            ``(ii) ending on the date which is 10 years 
                        after the last date properties are acquired as 
                        part of such acquisition.
                    ``(B) Special rule for inversions occurring before 
                march 21, 2002.--In the case of any acquired entity to 
                which paragraph (1)(A) applies, the applicable period 
                shall be the 10-year period beginning on January 1, 
                2003.
    ``(c) Tax on Inversion Gains May Not Be Offset.--If subsection (b) 
applies--
            ``(1) In general.--The taxable income of an acquired entity 
        (or any expanded affiliated group which includes such entity) 
        for any taxable year which includes any portion of the 
        applicable period shall in no event be less than the inversion 
        gain of the entity for the taxable year.
            ``(2) Credits not allowed against tax on inversion gain.--
        Credits shall be allowed against the tax imposed by this 
        chapter on an acquired entity for any taxable year described in 
        paragraph (1) only to the extent such tax exceeds the product 
        of--
                    ``(A) the amount of the inversion gain for the 
                taxable year, and
                    ``(B) the highest rate of tax specified in section 
                11(b)(1).
        For purposes of determining the credit allowed by section 901 
        inversion gain shall be treated as from sources within the 
        United States.
            ``(3) Special rules for partnerships.--In the case of an 
        acquired entity which is a partnership--
                    ``(A) the limitations of this subsection shall 
                apply at the partner rather than the partnership level,
                    ``(B) the inversion gain of any partner for any 
                taxable year shall be equal to the sum of--
                            ``(i) the partner's distributive share of 
                        inversion gain of the partnership for such 
                        taxable year, plus
                            ``(ii) income or gain required to be 
                        recognized for the taxable year by the partner 
                        under section 367(a), 741, or 1001, or under 
                        any other provision of chapter 1, by reason of 
                        the transfer during the applicable period of 
                        any partnership interest of the partner in such 
                        partnership to the foreign incorporated entity, 
                        and
                    ``(C) the highest rate of tax specified in the rate 
                schedule applicable to the partner under chapter 1 
                shall be substituted for the rate of tax under 
                paragraph (2)(B).
            ``(4) Inversion gain.--For purposes of this section, the 
        term `inversion gain' means any income or gain required to be 
        recognized under section 304, 311(b), 367, 1001, or 1248, or 
        under any other provision of chapter 1, by reason of the 
        transfer during the applicable period of stock or other 
        properties by an acquired entity--
                    ``(A) as part of the acquisition described in 
                subsection (a)(2)(A) to which subsection (b) applies, 
                or
                    ``(B) after such acquisition to a foreign related 
                person.
        The Secretary may provide that income or gain from the sale of 
        inventories or other transactions in the ordinary course of a 
        trade or business shall not be treated as inversion gain under 
        subparagraph (B) to the extent the Secretary determines such 
        treatment would not be inconsistent with the purposes of this 
        section.
            ``(5) Coordination with section 172 and minimum tax.--Rules 
        similar to the rules of paragraphs (3) and (4) of section 
        860E(a) shall apply for purposes of this section.
            ``(6) Statute of limitations.--
                    ``(A) In general.--The statutory period for the 
                assessment of any deficiency attributable to the 
                inversion gain of any taxpayer for any pre-inversion 
                year shall not expire before the expiration of 3 years 
                from the date the Secretary is notified by the taxpayer 
                (in such manner as the Secretary may prescribe) of the 
                acquisition described in subsection (a)(2)(A) to which 
                such gain relates and such deficiency may be assessed 
                before the expiration of such 3-year period 
                notwithstanding the provisions of any other law or rule 
                of law which would otherwise prevent such assessment.
                    ``(B) Pre-inversion year.--For purposes of 
                subparagraph (A), the term `pre-inversion year' means 
                any taxable year if--
                            ``(i) any portion of the applicable period 
                        is included in such taxable year, and
                            ``(ii) such year ends before the taxable 
                        year in which the acquisition described in 
                        subsection (a)(2)(A) is completed.
    ``(d) Special Rules Applicable to Acquired Entities to Which 
Subsection (b) Applies.--
            ``(1) Increases in accuracy-related penalties.--In the case 
        of any underpayment of tax of an acquired entity to which 
        subsection (b) applies--
                    ``(A) section 6662(a) shall be applied with respect 
                to such underpayment by substituting `30 percent' for 
                `20 percent', and
                    ``(B) if such underpayment is attributable to one 
                or more gross valuation understatements, the increase 
                in the rate of penalty under section 6662(h) shall be 
                to 50 percent rather than 40 percent.
            ``(2) Modifications of limitation on interest deduction.--
        In the case of an acquired entity to which subsection (b) 
        applies, section 163(j) shall be applied--
                    ``(A) without regard to paragraph (2)(A)(ii) 
                thereof, and
                    ``(B) by substituting `25 percent' for `50 percent' 
                each place it appears in paragraph (2)(B) thereof.
    ``(e) Other Definitions and Special Rules.--For purposes of this 
section--
            ``(1) Rules for application of subsection (a)(2).--In 
        applying subsection (a)(2) for purposes of subsections (a) and 
        (b), the following rules shall apply:
                    ``(A) Certain stock disregarded.--There shall not 
                be taken into account in determining ownership for 
                purposes of subsection (a)(2)(B)--
                            ``(i) stock held by members of the expanded 
                        affiliated group which includes the foreign 
                        incorporated entity, or
                            ``(ii) stock of such entity which is sold 
                        in a public offering or private placement 
                        related to the acquisition described in 
                        subsection (a)(2)(A).
                    ``(B) Plan deemed in certain cases.--If a foreign 
                incorporated entity acquires directly or indirectly 
                substantially all of the properties of a domestic 
                corporation or partnership during the 4-year period 
                beginning on the date which is 2 years before the 
                ownership requirements of subsection (a)(2)(B) are met 
                with respect to such domestic corporation or 
                partnership, such actions shall be treated as pursuant 
                to a plan.
                    ``(C) Certain transfers disregarded.--The transfer 
                of properties or liabilities (including by contribution 
                or distribution) shall be disregarded if such transfers 
                are part of a plan a principal purpose of which is to 
                avoid the purposes of this section.
                    ``(D) Special rule for related partnerships.--For 
                purposes of applying subsection (a)(2) to the 
                acquisition of a domestic partnership, except as 
                provided in regulations, all partnerships which are 
                under common control (within the meaning of section 
                482) shall be treated as 1 partnership.
                    ``(E) Treatment of certain rights.--The Secretary 
                shall prescribe such regulations as may be necessary--
                            ``(i) to treat warrants, options, contracts 
                        to acquire stock, convertible debt instruments, 
                        and other similar interests as stock, and
                            ``(ii) to treat stock as not stock.
            ``(2) Expanded affiliated group.--The term `expanded 
        affiliated group' means an affiliated group as defined in 
        section 1504(a) but without regard to section 1504(b)(3), 
        except that section 1504(a) shall be applied by substituting 
        `more than 50 percent' for `at least 80 percent' each place it 
        appears.
            ``(3) Foreign incorporated entity.--The term `foreign 
        incorporated entity' means any entity which is, or but for 
        subsection (a)(1) would be, treated as a foreign corporation 
        for purposes of this title.
            ``(4) Foreign related person.--The term `foreign related 
        person' means, with respect to any acquired entity, a foreign 
        person which--
                    ``(A) bears a relationship to such entity described 
                in section 267(b) or 707(b), or
                    ``(B) is under the same common control (within the 
                meaning of section 482) as such entity.
            ``(5) Subsequent acquisitions by unrelated domestic 
        corporations.--
                    ``(A) In general.--Subject to such conditions, 
                limitations, and exceptions as the Secretary may 
                prescribe, if, after an acquisition described in 
                subsection (a)(2)(A) to which subsection (b) applies, a 
                domestic corporation stock of which is traded on an 
                established securities market acquires directly or 
                indirectly any properties of one or more acquired 
                entities in a transaction with respect to which the 
                requirements of subparagraph (B) are met, this section 
                shall cease to apply to any such acquired entity with 
                respect to which such requirements are met.
                    ``(B) Requirements.--The requirements of the 
                subparagraph are met with respect to a transaction 
                involving any acquisition described in subparagraph (A) 
                if--
                            ``(i) before such transaction the domestic 
                        corporation did not have a relationship 
                        described in section 267(b) or 707(b), and was 
                        not under common control (within the meaning of 
                        section 482), with the acquired entity, or any 
                        member of an expanded affiliated group 
                        including such entity, and
                            ``(ii) after such transaction, such 
                        acquired entity--
                                    ``(I) is a member of the same 
                                expanded affiliated group which 
                                includes the domestic corporation or 
                                has such a relationship or is under 
                                such common control with any member of 
                                such group, and
                                    ``(II) is not a member of, and does 
                                not have such a relationship and is not 
                                under such common control with any 
                                member of, the expanded affiliated 
                                group which before such acquisition 
                                included such entity.
    ``(f) Regulations.--The Secretary shall provide such regulations as 
are necessary to carry out this section, including regulations 
providing for such adjustments to the application of this section as 
are necessary to prevent the avoidance of the purposes of this section, 
including the avoidance of such purposes through--
            ``(1) the use of related persons, pass-thru or other 
        noncorporate entities, or other intermediaries, or
            ``(2) transactions designed to have persons cease to be (or 
        not become) members of expanded affiliated groups or related 
        persons.''.
    (b) Information Reporting.--The Secretary of the Treasury shall 
exercise the Secretary's authority under the Internal Revenue Code of 
1986 to require entities involved in transactions to which section 7874 
of such Code (as added by subsection (a)) applies to report to the 
Secretary, shareholders, partners, and such other persons as the 
Secretary may prescribe such information as is necessary to ensure the 
proper tax treatment of such transactions.
    (c) Conforming Amendment.--The table of sections for subchapter C 
of chapter 80 is amended by adding at the end the following new item:

                              ``Sec. 7874. Rules relating to inverted 
                                        corporate entities.''.
    (d) Transition Rule for Certain Regulated Investment Companies and 
Unit Investment Trusts.--Notwithstanding section 7874 of the Internal 
Revenue Code of 1986 (as added by subsection (a)), a regulated 
investment company, or other pooled fund or trust specified by the 
Secretary of the Treasury, may elect to recognize gain by reason of 
section 367(a) of such Code with respect to a transaction under which a 
foreign incorporated entity is treated as an inverted domestic 
corporation under section 7874(a) of such Code by reason of an 
acquisition completed after March 20, 2002, and before January 1, 2004.
    (e) Disclosure of Corporate Expatriation Transactions.--
            (1) In general.--Section 14 of the Securities Exchange Act 
        of 1934 (15 U.S.C. 78n) is amended by adding at the end the 
        following new subsection:
    ``(i) Proxy Solicitations in Connection With Corporate Expatriation 
Transactions.--
            ``(1) Disclosure to shareholders of effects of corporate 
        expatriation transaction.--The Commission shall, by rule, 
        require that each domestic issuer shall prominently disclose, 
        not later than 5 business days before any shareholder vote 
        relating to a corporate expatriation transaction, as a separate 
        and distinct document accompanying each proxy statement 
        relating to the transaction--
                    ``(A) the number of employees of the domestic 
                issuer that would be located in the new foreign 
                jurisdiction of incorporation or organization of that 
                issuer upon completion of the corporate expatriation 
                transaction;
                    ``(B) how the rights of holders of the securities 
                of the domestic issuer would be impacted by a completed 
                corporate expatriation transaction, and any differences 
                in such rights before and after a completed corporate 
                expatriation transaction; and
                    ``(C) that, as a result of a completed corporate 
                expatriation transaction, any taxable holder of the 
                securities of the domestic issuer shall be subject to 
                the taxation of any capital gains realized with respect 
                to such securities, and the amount of any such capital 
                gains tax that would apply as a result of the 
                transaction.
            ``(2) Definitions.--In this subsection, the following 
        definitions shall apply:
                    ``(A) Corporate expatriation transaction.--The term 
                `corporate expatriation transaction' means any 
                transaction, or series of related transactions, 
                described in subsection (a) or (b) of section 7874 of 
                the Internal Revenue Code of 1986.
                    ``(A) Domestic issuer.--The term `domestic issuer' 
                means an issuer created or organized in the United 
                States or under the law of the United States or of any 
                State.''
            (2) Effective date.--Section 14(i) of the Securities 
        Exchange Act of 1934 (as added by this subsection) shall apply 
        with respect to corporate expatriation transactions (as defined 
        in that section 14(i)) proposed on and after the date of 
        enactment of this Act.

SEC. 442. IMPOSITION OF MARK-TO-MARKET TAX ON INDIVIDUALS WHO 
              EXPATRIATE.

    (a) In General.--Subpart A of part II of subchapter N of chapter 1 
is amended by inserting after section 877 the following new section:

``SEC. 877A. TAX RESPONSIBILITIES OF EXPATRIATION.

    ``(a) General Rules.--For purposes of this subtitle--
            ``(1) Mark to market.--Except as provided in subsections 
        (d) and (f), all property of a covered expatriate to whom this 
        section applies shall be treated as sold on the day before the 
        expatriation date for its fair market value.
            ``(2) Recognition of gain or loss.--In the case of any sale 
        under paragraph (1)--
                    ``(A) notwithstanding any other provision of this 
                title, any gain arising from such sale shall be taken 
                into account for the taxable year of the sale, and
                    ``(B) any loss arising from such sale shall be 
                taken into account for the taxable year of the sale to 
                the extent otherwise provided by this title, except 
                that section 1091 shall not apply to any such loss.
        Proper adjustment shall be made in the amount of any gain or 
        loss subsequently realized for gain or loss taken into account 
        under the preceding sentence.
            ``(3) Exclusion for certain gain.--
                    ``(A) In general.--The amount which, but for this 
                paragraph, would be includible in the gross income of 
                any individual by reason of this section shall be 
                reduced (but not below zero) by $600,000. For purposes 
                of this paragraph, allocable expatriation gain taken 
                into account under subsection (f)(2) shall be treated 
                in the same manner as an amount required to be 
                includible in gross income.
                    ``(B) Cost-of-living adjustment.--
                            ``(i) In general.--In the case of an 
                        expatriation date occurring in any calendar 
                        year after 2004, the $600,000 amount under 
                        subparagraph (A) shall be increased by an 
                        amount equal to--
                                    ``(I) such dollar amount, 
                                multiplied by
                                    ``(II) the cost-of-living 
                                adjustment determined under section 
                                1(f)(3) for such calendar year, 
                                determined by substituting `calendar 
                                year 2003' for `calendar year 1992' in 
                                subparagraph (B) thereof.
                            ``(ii) Rounding rules.--If any amount after 
                        adjustment under clause (i) is not a multiple 
                        of $1,000, such amount shall be rounded to the 
                        next lower multiple of $1,000.
            ``(4) Election to continue to be taxed as united states 
        citizen.--
                    ``(A) In general.--If a covered expatriate elects 
                the application of this paragraph--
                            ``(i) this section (other than this 
                        paragraph and subsection (i)) shall not apply 
                        to the expatriate, but
                            ``(ii) in the case of property to which 
                        this section would apply but for such election, 
                        the expatriate shall be subject to tax under 
                        this title in the same manner as if the 
                        individual were a United States citizen.
                    ``(B) Requirements.--Subparagraph (A) shall not 
                apply to an individual unless the individual--
                            ``(i) provides security for payment of tax 
                        in such form and manner, and in such amount, as 
                        the Secretary may require,
                            ``(ii) consents to the waiver of any right 
                        of the individual under any treaty of the 
                        United States which would preclude assessment 
                        or collection of any tax which may be imposed 
                        by reason of this paragraph, and
                            ``(iii) complies with such other 
                        requirements as the Secretary may prescribe.
                    ``(C) Election.--An election under subparagraph (A) 
                shall apply to all property to which this section would 
                apply but for the election and, once made, shall be 
                irrevocable. Such election shall also apply to property 
                the basis of which is determined in whole or in part by 
                reference to the property with respect to which the 
                election was made.
    ``(b) Election To Defer Tax.--
            ``(1) In general.--If the taxpayer elects the application 
        of this subsection with respect to any property treated as sold 
        by reason of subsection (a), the payment of the additional tax 
        attributable to such property shall be postponed until the due 
        date of the return for the taxable year in which such property 
        is disposed of (or, in the case of property disposed of in a 
        transaction in which gain is not recognized in whole or in 
        part, until such other date as the Secretary may prescribe).
            ``(2) Determination of tax with respect to property.--For 
        purposes of paragraph (1), the additional tax attributable to 
        any property is an amount which bears the same ratio to the 
        additional tax imposed by this chapter for the taxable year 
        solely by reason of subsection (a) as the gain taken into 
        account under subsection (a) with respect to such property 
        bears to the total gain taken into account under subsection (a) 
        with respect to all property to which subsection (a) applies.
            ``(3) Termination of postponement.--No tax may be postponed 
        under this subsection later than the due date for the return of 
        tax imposed by this chapter for the taxable year which includes 
        the date of death of the expatriate (or, if earlier, the time 
        that the security provided with respect to the property fails 
        to meet the requirements of paragraph (4), unless the taxpayer 
        corrects such failure within the time specified by the 
        Secretary).
            ``(4) Security.--
                    ``(A) In general.--No election may be made under 
                paragraph (1) with respect to any property unless 
                adequate security is provided to the Secretary with 
                respect to such property.
                    ``(B) Adequate security.--For purposes of 
                subparagraph (A), security with respect to any property 
                shall be treated as adequate security if--
                            ``(i) it is a bond in an amount equal to 
                        the deferred tax amount under paragraph (2) for 
                        the property, or
                            ``(ii) the taxpayer otherwise establishes 
                        to the satisfaction of the Secretary that the 
                        security is adequate.
            ``(5) Waiver of certain rights.--No election may be made 
        under paragraph (1) unless the taxpayer consents to the waiver 
        of any right under any treaty of the United States which would 
        preclude assessment or collection of any tax imposed by reason 
        of this section.
            ``(6) Elections.--An election under paragraph (1) shall 
        only apply to property described in the election and, once 
        made, is irrevocable. An election may be made under paragraph 
        (1) with respect to an interest in a trust with respect to 
        which gain is required to be recognized under subsection 
        (f)(1).
            ``(7) Interest.--For purposes of section 6601--
                    ``(A) the last date for the payment of tax shall be 
                determined without regard to the election under this 
                subsection, and
                    ``(B) section 6621(a)(2) shall be applied by 
                substituting `5 percentage points' for `3 percentage 
                points' in subparagraph (B) thereof.
    ``(c) Covered Expatriate.--For purposes of this section--
            ``(1) In general.--Except as provided in paragraph (2), the 
        term `covered expatriate' means an expatriate.
            ``(2) Exceptions.--An individual shall not be treated as a 
        covered expatriate if--
                    ``(A) the individual--
                            ``(i) became at birth a citizen of the 
                        United States and a citizen of another country 
                        and, as of the expatriation date, continues to 
                        be a citizen of, and is taxed as a resident of, 
                        such other country, and
                            ``(ii) has not been a resident of the 
                        United States (as defined in section 
                        7701(b)(1)(A)(ii)) during the 5 taxable years 
                        ending with the taxable year during which the 
                        expatriation date occurs, or
                    ``(B)(i) the individual's relinquishment of United 
                States citizenship occurs before such individual 
                attains age 18\1/2\, and
                    ``(ii) the individual has been a resident of the 
                United States (as so defined) for not more than 5 
                taxable years before the date of relinquishment.
    ``(d) Exempt Property; Special Rules for Pension Plans.--
            ``(1) Exempt property.--This section shall not apply to the 
        following:
                    ``(A) United states real property interests.--Any 
                United States real property interest (as defined in 
                section 897(c)(1)), other than stock of a United States 
                real property holding corporation which does not, on 
                the day before the expatriation date, meet the 
                requirements of section 897(c)(2).
                    ``(B) Specified property.--Any property or interest 
                in property not described in subparagraph (A) which the 
                Secretary specifies in regulations.
            ``(2) Special rules for certain retirement plans.--
                    ``(A) In general.--If a covered expatriate holds on 
                the day before the expatriation date any interest in a 
                retirement plan to which this paragraph applies--
                            ``(i) such interest shall not be treated as 
                        sold for purposes of subsection (a)(1), but
                            ``(ii) an amount equal to the present value 
                        of the expatriate's nonforfeitable accrued 
                        benefit shall be treated as having been 
                        received by such individual on such date as a 
                        distribution under the plan.
                    ``(B) Treatment of subsequent distributions.--In 
                the case of any distribution on or after the 
                expatriation date to or on behalf of the covered 
                expatriate from a plan from which the expatriate was 
                treated as receiving a distribution under subparagraph 
                (A), the amount otherwise includible in gross income by 
                reason of the subsequent distribution shall be reduced 
                by the excess of the amount includible in gross income 
                under subparagraph (A) over any portion of such amount 
                to which this subparagraph previously applied.
                    ``(C) Treatment of subsequent distributions by 
                plan.--For purposes of this title, a retirement plan to 
                which this paragraph applies, and any person acting on 
                the plan's behalf, shall treat any subsequent 
                distribution described in subparagraph (B) in the same 
                manner as such distribution would be treated without 
                regard to this paragraph.
                    ``(D) Applicable plans.--This paragraph shall apply 
                to--
                            ``(i) any qualified retirement plan (as 
                        defined in section 4974(c)),
                            ``(ii) an eligible deferred compensation 
                        plan (as defined in section 457(b)) of an 
                        eligible employer described in section 
                        457(e)(1)(A), and
                            ``(iii) to the extent provided in 
                        regulations, any foreign pension plan or 
                        similar retirement arrangements or programs.
    ``(e) Definitions.--For purposes of this section--
            ``(1) Expatriate.--The term `expatriate' means--
                    ``(A) any United States citizen who relinquishes 
                citizenship, and
                    ``(B) any long-term resident of the United States 
                who--
                            ``(i) ceases to be a lawful permanent 
                        resident of the United States (within the 
                        meaning of section 7701(b)(6)), or
                            ``(ii) commences to be treated as a 
                        resident of a foreign country under the 
                        provisions of a tax treaty between the United 
                        States and the foreign country and who does not 
                        waive the benefits of such treaty applicable to 
                        residents of the foreign country.
            ``(2) Expatriation date.--The term `expatriation date' 
        means--
                    ``(A) the date an individual relinquishes United 
                States citizenship, or
                    ``(B) in the case of a long-term resident of the 
                United States, the date of the event described in 
                clause (i) or (ii) of paragraph (1)(B).
            ``(3) Relinquishment of citizenship.--A citizen shall be 
        treated as relinquishing United States citizenship on the 
        earliest of--
                    ``(A) the date the individual renounces such 
                individual's United States nationality before a 
                diplomatic or consular officer of the United States 
                pursuant to paragraph (5) of section 349(a) of the 
                Immigration and Nationality Act (8 U.S.C. 1481(a)(5)),
                    ``(B) the date the individual furnishes to the 
                United States Department of State a signed statement of 
                voluntary relinquishment of United States nationality 
                confirming the performance of an act of expatriation 
                specified in paragraph (1), (2), (3), or (4) of section 
                349(a) of the Immigration and Nationality Act (8 U.S.C. 
                1481(a)(1)-(4)),
                    ``(C) the date the United States Department of 
                State issues to the individual a certificate of loss of 
                nationality, or
                    ``(D) the date a court of the United States cancels 
                a naturalized citizen's certificate of naturalization.
        Subparagraph (A) or (B) shall not apply to any individual 
        unless the renunciation or voluntary relinquishment is 
        subsequently approved by the issuance to the individual of a 
        certificate of loss of nationality by the United States 
        Department of State.
            ``(4) Long-term resident.--The term `long-term resident' 
        has the meaning given to such term by section 877(e)(2).
    ``(f) Special Rules Applicable to Beneficiaries' Interests in 
Trust.--
            ``(1) In general.--Except as provided in paragraph (2), if 
        an individual is determined under paragraph (3) to hold an 
        interest in a trust on the day before the expatriation date--
                    ``(A) the individual shall not be treated as having 
                sold such interest,
                    ``(B) such interest shall be treated as a separate 
                share in the trust, and
                    ``(C)(i) such separate share shall be treated as a 
                separate trust consisting of the assets allocable to 
                such share,
                    ``(ii) the separate trust shall be treated as 
                having sold its assets on the day before the 
                expatriation date for their fair market value and as 
                having distributed all of its assets to the individual 
                as of such time, and
                    ``(iii) the individual shall be treated as having 
                recontributed the assets to the separate trust.
        Subsection (a)(2) shall apply to any income, gain, or loss of 
        the individual arising from a distribution described in 
        subparagraph (C)(ii). In determining the amount of such 
        distribution, proper adjustments shall be made for liabilities 
        of the trust allocable to an individual's share in the trust.
            ``(2) Special rules for interests in qualified trusts.--
                    ``(A) In general.--If the trust interest described 
                in paragraph (1) is an interest in a qualified trust--
                            ``(i) paragraph (1) and subsection (a) 
                        shall not apply, and
                            ``(ii) in addition to any other tax imposed 
                        by this title, there is hereby imposed on each 
                        distribution with respect to such interest a 
                        tax in the amount determined under subparagraph 
                        (B).
                    ``(B) Amount of tax.--The amount of tax under 
                subparagraph (A)(ii) shall be equal to the lesser of--
                            ``(i) the highest rate of tax imposed by 
                        section 1(e) for the taxable year which 
                        includes the day before the expatriation date, 
                        multiplied by the amount of the distribution, 
                        or
                            ``(ii) the balance in the deferred tax 
                        account immediately before the distribution 
                        determined without regard to any increases 
                        under subparagraph (C)(ii) after the 30th day 
                        preceding the distribution.
                    ``(C) Deferred tax account.--For purposes of 
                subparagraph (B)(ii)--
                            ``(i) Opening balance.--The opening balance 
                        in a deferred tax account with respect to any 
                        trust interest is an amount equal to the tax 
                        which would have been imposed on the allocable 
                        expatriation gain with respect to the trust 
                        interest if such gain had been included in 
                        gross income under subsection (a).
                            ``(ii) Increase for interest.--The balance 
                        in the deferred tax account shall be increased 
                        by the amount of interest determined (on the 
                        balance in the account at the time the interest 
                        accrues), for periods after the 90th day after 
                        the expatriation date, by using the rates and 
                        method applicable under section 6621 for 
                        underpayments of tax for such periods, except 
                        that section 6621(a)(2) shall be applied by 
                        substituting `5 percentage points' for `3 
                        percentage points' in subparagraph (B) thereof.
                            ``(iii) Decrease for taxes previously 
                        paid.--The balance in the tax deferred account 
                        shall be reduced--
                                    ``(I) by the amount of taxes 
                                imposed by subparagraph (A) on any 
                                distribution to the person holding the 
                                trust interest, and
                                    ``(II) in the case of a person 
                                holding a nonvested interest, to the 
                                extent provided in regulations, by the 
                                amount of taxes imposed by subparagraph 
                                (A) on distributions from the trust 
                                with respect to nonvested interests not 
                                held by such person.
                    ``(D) Allocable expatriation gain.--For purposes of 
                this paragraph, the allocable expatriation gain with 
                respect to any beneficiary's interest in a trust is the 
                amount of gain which would be allocable to such 
                beneficiary's vested and nonvested interests in the 
                trust if the beneficiary held directly all assets 
                allocable to such interests.
                    ``(E) Tax deducted and withheld.--
                            ``(i) In general.--The tax imposed by 
                        subparagraph (A)(ii) shall be deducted and 
                        withheld by the trustees from the distribution 
                        to which it relates.
                            ``(ii) Exception where failure to waive 
                        treaty rights.--If an amount may not be 
                        deducted and withheld under clause (i) by 
                        reason of the distributee failing to waive any 
                        treaty right with respect to such 
                        distribution--
                                    ``(I) the tax imposed by 
                                subparagraph (A)(ii) shall be imposed 
                                on the trust and each trustee shall be 
                                personally liable for the amount of 
                                such tax, and
                                    ``(II) any other beneficiary of the 
                                trust shall be entitled to recover from 
                                the distributee the amount of such tax 
                                imposed on the other beneficiary.
                    ``(F) Disposition.--If a trust ceases to be a 
                qualified trust at any time, a covered expatriate 
                disposes of an interest in a qualified trust, or a 
                covered expatriate holding an interest in a qualified 
                trust dies, then, in lieu of the tax imposed by 
                subparagraph (A)(ii), there is hereby imposed a tax 
                equal to the lesser of--
                            ``(i) the tax determined under paragraph 
                        (1) as if the day before the expatriation date 
                        were the date of such cessation, disposition, 
                        or death, whichever is applicable, or
                            ``(ii) the balance in the tax deferred 
                        account immediately before such date.
                Such tax shall be imposed on the trust and each trustee 
                shall be personally liable for the amount of such tax 
                and any other beneficiary of the trust shall be 
                entitled to recover from the covered expatriate or the 
                estate the amount of such tax imposed on the other 
                beneficiary.
                    ``(G) Definitions and special rules.--For purposes 
                of this paragraph--
                            ``(i) Qualified trust.--The term `qualified 
                        trust' means a trust which is described in 
                        section 7701(a)(30)(E).
                            ``(ii) Vested interest.--The term `vested 
                        interest' means any interest which, as of the 
                        day before the expatriation date, is vested in 
                        the beneficiary.
                            ``(iii) Nonvested interest.--The term 
                        `nonvested interest' means, with respect to any 
                        beneficiary, any interest in a trust which is 
                        not a vested interest. Such interest shall be 
                        determined by assuming the maximum exercise of 
                        discretion in favor of the beneficiary and the 
                        occurrence of all contingencies in favor of the 
                        beneficiary.
                            ``(iv) Adjustments.--The Secretary may 
                        provide for such adjustments to the bases of 
                        assets in a trust or a deferred tax account, 
                        and the timing of such adjustments, in order to 
                        ensure that gain is taxed only once.
                            ``(v) Coordination with retirement plan 
                        rules.--This subsection shall not apply to an 
                        interest in a trust which is part of a 
                        retirement plan to which subsection (d)(2) 
                        applies.
            ``(3) Determination of beneficiaries' interest in trust.--
                    ``(A) Determinations under paragraph (1).--For 
                purposes of paragraph (1), a beneficiary's interest in 
                a trust shall be based upon all relevant facts and 
                circumstances, including the terms of the trust 
                instrument and any letter of wishes or similar 
                document, historical patterns of trust distributions, 
                and the existence of and functions performed by a trust 
                protector or any similar adviser.
                    ``(B) Other determinations.--For purposes of this 
                section--
                            ``(i) Constructive ownership.--If a 
                        beneficiary of a trust is a corporation, 
                        partnership, trust, or estate, the 
                        shareholders, partners, or beneficiaries shall 
                        be deemed to be the trust beneficiaries for 
                        purposes of this section.
                            ``(ii) Taxpayer return position.--A 
                        taxpayer shall clearly indicate on its income 
                        tax return--
                                    ``(I) the methodology used to 
                                determine that taxpayer's trust 
                                interest under this section, and
                                    ``(II) if the taxpayer knows (or 
                                has reason to know) that any other 
                                beneficiary of such trust is using a 
                                different methodology to determine such 
                                beneficiary's trust interest under this 
                                section.
    ``(g) Termination of Deferrals, etc.--In the case of any covered 
expatriate, notwithstanding any other provision of this title--
            ``(1) any period during which recognition of income or gain 
        is deferred shall terminate on the day before the expatriation 
        date, and
            ``(2) any extension of time for payment of tax shall cease 
        to apply on the day before the expatriation date and the unpaid 
        portion of such tax shall be due and payable at the time and in 
        the manner prescribed by the Secretary.
    ``(h) Imposition of Tentative Tax.--
            ``(1) In general.--If an individual is required to include 
        any amount in gross income under subsection (a) for any taxable 
        year, there is hereby imposed, immediately before the 
        expatriation date, a tax in an amount equal to the amount of 
        tax which would be imposed if the taxable year were a short 
        taxable year ending on the expatriation date.
            ``(2) Due date.--The due date for any tax imposed by 
        paragraph (1) shall be the 90th day after the expatriation 
        date.
            ``(3) Treatment of tax.--Any tax paid under paragraph (1) 
        shall be treated as a payment of the tax imposed by this 
        chapter for the taxable year to which subsection (a) applies.
            ``(4) Deferral of tax.--The provisions of subsection (b) 
        shall apply to the tax imposed by this subsection to the extent 
        attributable to gain includible in gross income by reason of 
        this section.
    ``(i) Special Liens for Deferred Tax Amounts.--
            ``(1) Imposition of lien.--
                    ``(A) In general.--If a covered expatriate makes an 
                election under subsection (a)(4) or (b) which results 
                in the deferral of any tax imposed by reason of 
                subsection (a), the deferred amount (including any 
                interest, additional amount, addition to tax, 
                assessable penalty, and costs attributable to the 
                deferred amount) shall be a lien in favor of the United 
                States on all property of the expatriate located in the 
                United States (without regard to whether this section 
                applies to the property).
                    ``(B) Deferred amount.--For purposes of this 
                subsection, the deferred amount is the amount of the 
                increase in the covered expatriate's income tax which, 
                but for the election under subsection (a)(4) or (b), 
                would have occurred by reason of this section for the 
                taxable year including the expatriation date.
            ``(2) Period of lien.--The lien imposed by this subsection 
        shall arise on the expatriation date and continue until--
                    ``(A) the liability for tax by reason of this 
                section is satisfied or has become unenforceable by 
                reason of lapse of time, or
                    ``(B) it is established to the satisfaction of the 
                Secretary that no further tax liability may arise by 
                reason of this section.
            ``(3) Certain rules apply.--The rules set forth in 
        paragraphs (1), (3), and (4) of section 6324A(d) shall apply 
        with respect to the lien imposed by this subsection as if it 
        were a lien imposed by section 6324A.
    ``(j) Regulations.--The Secretary shall prescribe such regulations 
as may be necessary or appropriate to carry out the purposes of this 
section.''.
    (b) Inclusion in Income of Gifts and Bequests Received by United 
States Citizens and Residents From Expatriates.--Section 102 (relating 
to gifts, etc. not included in gross income) is amended by adding at 
the end the following new subsection:
    ``(d) Gifts and Inheritances From Covered Expatriates.--
            ``(1) In general.--Subsection (a) shall not exclude from 
        gross income the value of any property acquired by gift, 
        bequest, devise, or inheritance from a covered expatriate after 
        the expatriation date. For purposes of this subsection, any 
        term used in this subsection which is also used in section 877A 
        shall have the same meaning as when used in section 877A.
            ``(2) Exceptions for transfers otherwise subject to estate 
        or gift tax.--Paragraph (1) shall not apply to any property if 
        either--
                    ``(A) the gift, bequest, devise, or inheritance 
                is--
                            ``(i) shown on a timely filed return of tax 
                        imposed by chapter 12 as a taxable gift by the 
                        covered expatriate, or
                            ``(ii) included in the gross estate of the 
                        covered expatriate for purposes of chapter 11 
                        and shown on a timely filed return of tax 
                        imposed by chapter 11 of the estate of the 
                        covered expatriate, or
                    ``(B) no such return was timely filed but no such 
                return would have been required to be filed even if the 
                covered expatriate were a citizen or long-term resident 
                of the United States.''.
    (c) Definition of Termination of United States Citizenship.--
Section 7701(a) is amended by adding at the end the following new 
paragraph:
            ``(48) Termination of united states citizenship.--
                    ``(A) In general.--An individual shall not cease to 
                be treated as a United States citizen before the date 
                on which the individual's citizenship is treated as 
                relinquished under section 877A(e)(3).
                    ``(B) Dual citizens.--Under regulations prescribed 
                by the Secretary, subparagraph (A) shall not apply to 
                an individual who became at birth a citizen of the 
                United States and a citizen of another country.''.
    (d) Ineligibility for Visa or Admission to United States.--
            (1) In general.--Section 212(a)(10)(E) of the Immigration 
        and Nationality Act (8 U.S.C. 1182(a)(10)(E)) is amended to 
        read as follows:
                    ``(E) Former citizens not in compliance with 
                expatriation revenue provisions.--Any alien who is a 
                former citizen of the United States who relinquishes 
                United States citizenship (within the meaning of 
                section 877A(e)(3) of the Internal Revenue Code of 
                1986) and who is not in compliance with section 877A of 
                such Code (relating to expatriation).''.
            (2) Availability of information.--
                    (A) In general.--Section 6103(l) (relating to 
                disclosure of returns and return information for 
                purposes other than tax administration) is amended by 
                adding at the end the following new paragraph:
            ``(19) Disclosure to deny visa or admission to certain 
        expatriates.--Upon written request of the Attorney General or 
        the Attorney General's delegate, the Secretary shall disclose 
        whether an individual is in compliance with section 877A (and 
        if not in compliance, any items of noncompliance) to officers 
        and employees of the Federal agency responsible for 
        administering section 212(a)(10)(E) of the Immigration and 
        Nationality Act solely for the purpose of, and to the extent 
        necessary in, administering such section 212(a)(10)(E).''.
                    (B) Safeguards.--
                            (i) Technical amendments.--Paragraph (4) of 
                        section 6103(p) of the Internal Revenue Code of 
                        1986, as amended by section 202(b)(2)(B) of the 
                        Trade Act of 2002 (Public Law 107-210; 116 
                        Stat. 961), is amended by striking ``or (17)'' 
                        after ``any other person described in 
                        subsection (l)(16)'' each place it appears and 
                        inserting ``or (18)''.
                            (ii) Conforming amendments.--Section 
                        6103(p)(4) (relating to safeguards), as amended 
                        by clause (i), is amended by striking ``or 
                        (18)'' after ``any other person described in 
                        subsection (l)(16)'' each place it appears and 
                        inserting ``(18), or (19)''.
            (3) Effective dates.--
                    (A) In general.--Except as provided in subparagraph 
                (B), the amendments made by this subsection shall apply 
                to individuals who relinquish United States citizenship 
                on or after the date of the enactment of this Act.
                    (B) Technical amendments.--The amendments made by 
                paragraph (2)(B)(i) shall take effect as if included in 
                the amendments made by section 202(b)(2)(B) of the 
                Trade Act of 2002 (Public Law 107-210; 116 Stat. 961).
    (e) Conforming Amendments.--
            (1) Section 877 is amended by adding at the end the 
        following new subsection:
    ``(g) Application.--This section shall not apply to an expatriate 
(as defined in section 877A(e)) whose expatriation date (as so defined) 
occurs on or after January 1, 2004.''.
            (2) Section 2107 is amended by adding at the end the 
        following new subsection:
    ``(f) Application.--This section shall not apply to any expatriate 
subject to section 877A.''.
            (3) Section 2501(a)(3) is amended by adding at the end the 
        following new subparagraph:
                    ``(F) Application.--This paragraph shall not apply 
                to any expatriate subject to section 877A.''.
            (4)(A) Paragraph (1) of section 6039G(d) is amended by 
        inserting ``or 877A'' after ``section 877''.
            (B) The second sentence of section 6039G(e) is amended by 
        inserting ``or who relinquishes United States citizenship 
        (within the meaning of section 877A(e)(3))'' after ``877(a))''.
            (C) Section 6039G(f) is amended by inserting ``or 
        877A(e)(2)(B)'' after ``877(e)(1)''.
    (f) Clerical Amendment.--The table of sections for subpart A of 
part II of subchapter N of chapter 1 is amended by inserting after the 
item relating to section 877 the following new item:

                              ``Sec. 877A. Tax responsibilities of 
                                        expatriation.''.
    (g) Effective Date.--
            (1) In general.--Except as provided in this subsection, the 
        amendments made by this section shall apply to expatriates 
        (within the meaning of section 877A(e) of the Internal Revenue 
        Code of 1986, as added by this section) whose expatriation date 
        (as so defined) occurs on or after January 1, 2004.
            (2) Gifts and bequests.--Section 102(d) of the Internal 
        Revenue Code of 1986 (as added by subsection (b)) shall apply 
        to gifts and bequests received on or after January 1, 2004, 
        from an individual or the estate of an individual whose 
        expatriation date (as so defined) occurs after such date.
            (3) Due date for tentative tax.--The due date under section 
        877A(h)(2) of the Internal Revenue Code of 1986, as added by 
        this section, shall in no event occur before the 90th day after 
        the date of the enactment of this Act.

SEC. 443. EXCISE TAX ON STOCK COMPENSATION OF INSIDERS IN INVERTED 
              CORPORATIONS.

    (a) In General.--Subtitle D is amended by adding at the end the 
following new chapter:

 ``CHAPTER 48--STOCK COMPENSATION OF INSIDERS IN INVERTED CORPORATIONS

                              ``Sec. 5000A. Stock compensation of 
                                        insiders in inverted 
                                        corporations entities.

``SEC. 5000A. STOCK COMPENSATION OF INSIDERS IN INVERTED CORPORATIONS.

    ``(a) Imposition of Tax.--In the case of an individual who is a 
disqualified individual with respect to any inverted corporation, there 
is hereby imposed on such person a tax equal to 20 percent of the value 
(determined under subsection (b)) of the specified stock compensation 
held (directly or indirectly) by or for the benefit of such individual 
or a member of such individual's family (as defined in section 267) at 
any time during the 12-month period beginning on the date which is 6 
months before the inversion date.
    ``(b) Value.--For purposes of subsection (a)--
            ``(1) In general.--The value of specified stock 
        compensation shall be--
                    ``(A) in the case of a stock option (or other 
                similar right) or any stock appreciation right, the 
                fair value of such option or right, and
                    ``(B) in any other case, the fair market value of 
                such compensation.
            ``(2) Date for determining value.--The determination of 
        value shall be made--
                    ``(A) in the case of specified stock compensation 
                held on the inversion date, on such date,
                    ``(B) in the case of such compensation which is 
                canceled during the 6 months before the inversion date, 
                on the day before such cancellation, and
                    ``(C) in the case of such compensation which is 
                granted after the inversion date, on the date such 
                compensation is granted.
    ``(c) Tax To Apply Only if Shareholder Gain Recognized.--Subsection 
(a) shall apply to any disqualified individual with respect to an 
inverted corporation only if gain (if any) on any stock in such 
corporation is recognized in whole or part by any shareholder by reason 
of the acquisition referred to in section 7874(a)(2)(A) (determined by 
substituting `July 10, 2002' for `March 20, 2002') with respect to such 
corporation.
    ``(d) Exception Where Gain Recognized on Compensation.--Subsection 
(a) shall not apply to--
            ``(1) any stock option which is exercised on the inversion 
        date or during the 6-month period before such date and to the 
        stock acquired in such exercise, if income is recognized under 
        section 83 on or before the inversion date with respect to the 
        stock acquired pursuant to such exercise, and
            ``(2) any specified stock compensation which is exercised, 
        sold, exchanged, distributed, cashed out, or otherwise paid 
        during such period in a transaction in which gain or loss is 
        recognized in full.
    ``(e) Definitions.--For purposes of this section--
            ``(1) Disqualified individual.--The term `disqualified 
        individual' means, with respect to a corporation, any 
        individual who, at any time during the 12-month period 
        beginning on the date which is 6 months before the inversion 
        date--
                    ``(A) is subject to the requirements of section 
                16(a) of the Securities Exchange Act of 1934 with 
                respect to such corporation, or
                    ``(B) would be subject to such requirements if such 
                corporation were an issuer of equity securities 
                referred to in such section.
            ``(2) Inverted corporation; inversion date.--
                    ``(A) Inverted corporation.--The term `inverted 
                corporation' means any corporation to which subsection 
                (a) or (b) of section 7874 applies determined--
                            ``(i) by substituting `July 10, 2002' for 
                        `March 20, 2002' in section 7874(a)(2)(A), and
                            ``(ii) without regard to subsection 
                        (b)(1)(A).
                Such term includes any predecessor or successor of such 
                a corporation.
                    ``(B) Inversion date.--The term `inversion date' 
                means, with respect to a corporation, the date on which 
                the corporation first becomes an inverted corporation.
            ``(3) Specified stock compensation.--
                    ``(A) In general.--The term `specified stock 
                compensation' means payment (or right to payment) 
                granted by the inverted corporation (or by any member 
                of the expanded affiliated group which includes such 
                corporation) to any person in connection with the 
                performance of services by a disqualified individual 
                for such corporation or member if the value of such 
                payment or right is based on (or determined by 
                reference to) the value (or change in value) of stock 
                in such corporation (or any such member).
                    ``(B) Exceptions.--Such term shall not include--
                            ``(i) any option to which part II of 
                        subchapter D of chapter 1 applies, or
                            ``(ii) any payment or right to payment from 
                        a plan referred to in section 280G(b)(6).
            ``(4) Expanded affiliated group.--The term `expanded 
        affiliated group' means an affiliated group (as defined in 
        section 1504(a) without regard to section 1504(b)(3)); except 
        that section 1504(a) shall be applied by substituting `more 
        than 50 percent' for `at least 80 percent' each place it 
        appears.
    ``(f) Special Rules.--For purposes of this section--
            ``(1) Cancellation of restriction.--The cancellation of a 
        restriction which by its terms will never lapse shall be 
        treated as a grant.
            ``(2) Payment or reimbursement of tax by corporation 
        treated as specified stock compensation.--Any payment of the 
        tax imposed by this section directly or indirectly by the 
        inverted corporation or by any member of the expanded 
        affiliated group which includes such corporation--
                    ``(A) shall be treated as specified stock 
                compensation, and
                    ``(B) shall not be allowed as a deduction under any 
                provision of chapter 1.
            ``(3) Certain restrictions ignored.--Whether there is 
        specified stock compensation, and the value thereof, shall be 
        determined without regard to any restriction other than a 
        restriction which by its terms will never lapse.
            ``(4) Property transfers.--Any transfer of property shall 
        be treated as a payment and any right to a transfer of property 
        shall be treated as a right to a payment.
            ``(5) Other administrative provisions.--For purposes of 
        subtitle F, any tax imposed by this section shall be treated as 
        a tax imposed by subtitle A.
    ``(g) Regulations.--The Secretary shall prescribe such regulations 
as may be necessary or appropriate to carry out the purposes of this 
section.''.
    (b) Denial of Deduction.--
            (1) In general.--Paragraph (6) of section 275(a) is amended 
        by inserting ``48,'' after ``46,''.
            (2) $1,000,000 limit on deductible compensation reduced by 
        payment of excise tax on specified stock compensation.--
        Paragraph (4) of section 162(m) is amended by adding at the end 
        the following new subparagraph:
                    ``(G) Coordination with excise tax on specified 
                stock compensation.--The dollar limitation contained in 
                paragraph (1) with respect to any covered employee 
                shall be reduced (but not below zero) by the amount of 
                any payment (with respect to such employee) of the tax 
                imposed by section 5000A directly or indirectly by the 
                inverted corporation (as defined in such section) or by 
                any member of the expanded affiliated group (as defined 
                in such section) which includes such corporation.''.
    (c) Conforming Amendments.--
            (1) The last sentence of section 3121(v)(2)(A) is amended 
        by inserting before the period ``or to any specified stock 
        compensation (as defined in section 5000A) on which tax is 
        imposed by section 5000A''.
            (2) The table of chapters for subtitle D is amended by 
        adding at the end the following new item:

                              ``Chapter 48. Stock compensation of 
                                        insiders in inverted 
                                        corporations.''.
    (d) Effective Date.--The amendments made by this section shall take 
effect on July 11, 2002; except that periods before such date shall not 
be taken into account in applying the periods in subsections (a) and 
(e)(1) of section 5000A of the Internal Revenue Code of 1986, as added 
by this section.

SEC. 444. REINSURANCE OF UNITED STATES RISKS IN FOREIGN JURISDICTIONS.

    (a) In General.--Section 845(a) (relating to allocation in case of 
reinsurance agreement involving tax avoidance or evasion) is amended by 
striking ``source and character'' and inserting ``amount, source, or 
character''.
    (b) Effective Date.--The amendments made by this section shall 
apply to any risk reinsured after April 11, 2002.

SEC. 445. REPORTING OF TAXABLE MERGERS AND ACQUISITIONS.

    (a) In General.--Subpart B of part III of subchapter A of chapter 
61 is amended by inserting after section 6043 the following new 
section:

``SEC. 6043A. TAXABLE MERGERS AND ACQUISITIONS.

    ``(a) In General.--The acquiring corporation in any taxable 
acquisition shall make a return (according to the forms or regulations 
prescribed by the Secretary) setting forth--
            ``(1) a description of the acquisition,
            ``(2) the name and address of each shareholder of the 
        acquired corporation who is required to recognize gain (if any) 
        as a result of the acquisition,
            ``(3) the amount of money and the fair market value of 
        other property transferred to each such shareholder as part of 
        such acquisition, and
            ``(4) such other information as the Secretary may 
        prescribe.
To the extent provided by the Secretary, the requirements of this 
section applicable to the acquiring corporation shall be applicable to 
the acquired corporation and not to the acquiring corporation.
    ``(b) Nominee Reporting.--Any person who holds stock as a nominee 
for another person shall furnish in the manner prescribed by the 
Secretary to such other person the information provided by the 
corporation under subsection (d).
    ``(c) Taxable Acquisition.--For purposes of this section, the term 
`taxable acquisition' means any acquisition by a corporation of stock 
in or property of another corporation if any shareholder of the 
acquired corporation is required to recognize gain (if any) as a result 
of such acquisition.
    ``(d) Statements To Be Furnished to Shareholders.--Every person 
required to make a return under subsection (a) shall furnish to each 
shareholder whose name is required to be set forth in such return a 
written statement showing--
            ``(1) the name, address, and phone number of the 
        information contact of the person required to make such return,
            ``(2) the information required to be shown on such return 
        with respect to such shareholder, and
            ``(3) such other information as the Secretary may 
        prescribe.
The written statement required under the preceding sentence shall be 
furnished to the shareholder on or before January 31 of the year 
following the calendar year during which the taxable acquisition 
occurred.''.
    (b) Assessable Penalties.--
            (1) Subparagraph (B) of section 6724(d)(1) (defining 
        information return) is amended by redesignating clauses (ii) 
        through (xviii) as clauses (iii) through (xix), respectively, 
        and by inserting after clause (i) the following new clause:
                            ``(ii) section 6043A(a) (relating to 
                        returns relating to taxable mergers and 
                        acquisitions),''.
            (2) Paragraph (2) of section 6724(d) (relating to 
        definitions) is amended by redesignating subparagraphs (F) 
        through (BB) as subparagraphs (G) through (CC), respectively, 
        and by inserting after subparagraph (E) the following new 
        subparagraph:
                    ``(F) subsections (b) and (d) of section 6043A 
                (relating to returns relating to taxable mergers and 
                acquisitions).''.
    (c) Clerical Amendment.--The table of sections for subpart B of 
part III of subchapter A of chapter 61 is amended by inserting after 
the item relating to section 6043 the following new item:

                              ``Sec. 6043A. Returns relating to taxable 
                                        mergers and acquisitions.''.
    (d) Effective Date.--The amendments made by this section shall 
apply to acquisitions after the date of the enactment of this Act.

                     Subtitle E--International Tax

SEC. 451. CLARIFICATION OF BANKING BUSINESS FOR PURPOSES OF DETERMINING 
              INVESTMENT OF EARNINGS IN UNITED STATES PROPERTY.

    (a) In General.--Subparagraph (A) of section 956(c)(2) is amended 
to read as follows:
                    ``(A) obligations of the United States, money, or 
                deposits with persons described in paragraph (4);''.
    (b) Eligible Persons.--Section 956(c) (relating to exceptions to 
definition of United States property) is amended by adding at the end 
the following new paragraph:
            ``(4) Financial services providers.--
                    ``(A) In general.--For purposes of paragraph 
                (2)(A), a person is described in this paragraph if at 
                least 80 percent of the person's income is income 
                described in section 904(d)(2)(C)(ii) (and the 
                regulations thereunder) which is derived from persons 
                who are not related persons.
                    ``(B) Special rules.--For purposes of subparagraph 
                (A)--
                            ``(i) all related persons shall be treated 
                        as 1 person in applying the 80-percent test, 
                        and
                            ``(ii) there shall be disregarded any item 
                        of income or gain from a transaction or series 
                        of transactions a principal purpose of which is 
                        the qualification of a person as a person 
                        described in this paragraph.
                    ``(C) Related person.--For purposes of this 
                paragraph, the term `related person' has the meaning 
                given such term by section 954(d)(3).''.
    (c) Effective Date.--The amendments made by this section shall take 
effect on the date of the enactment of this Act.

SEC. 452. PROHIBITION ON NONRECOGNITION OF GAIN THROUGH COMPLETE 
              LIQUIDATION OF HOLDING COMPANY.

    (a) In General.--Section 332 is amended by adding at the end the 
following new subsection:
    ``(d) Recognition of Gain on Liquidation of Certain Holding 
Companies.--
            ``(1) In general.--In the case of any distribution to a 
        foreign corporation in complete liquidation of an applicable 
        holding company--
                    ``(A) subsection (a) and section 331 shall not 
                apply to such distribution, and
                    ``(B) such distribution shall be treated as a 
                distribution to which section 301 applies.
            ``(2) Applicable holding company.--For purposes of this 
        subsection--
                    ``(A) In general.--The term `applicable holding 
                company' means any domestic corporation--
                            ``(i) which is a common parent of an 
                        affiliated group,
                            ``(ii) stock of which is directly owned by 
                        the distributee foreign corporation,
                            ``(iii) substantially all of the assets of 
                        which consist of stock in other members of such 
                        affiliated group, and
                            ``(iv) which has not been in existence at 
                        all times during the 5 years immediately 
                        preceding the date of the liquidation.
                    ``(B) Affiliated group.--For purposes of this 
                subsection, the term `affiliated group' has the meaning 
                given such term by section 1504(a) (without regard to 
                paragraphs (2) and (4) 0f section 1504(b)).
            ``(3) Coordination with subpart f.--If the distributee of a 
        distribution described in paragraph (1) is a controlled foreign 
        corporation (as defined in section 957), then notwithstanding 
        paragraph (1) or subsection (a), such distribution shall be 
        treated as a distribution to which section 331 applies.
            ``(4) Regulations.--The Secretary shall provide such 
        regulations as appropriate to prevent the abuse of this 
        subsection, including regulations which provide, for the 
        purposes of clause (iv) of paragraph (2)(A), that a corporation 
        is not in existence for any period unless it is engaged in the 
        active conduct of a trade or business or owns a significant 
        ownership interest in another corporation so engaged.''.
    (b) Effective Date.--The amendment made by this section shall apply 
to distributions in complete liquidation occurring on or after the date 
of the enactment of this Act.

SEC. 453. PREVENTION OF MISMATCHING OF INTEREST AND ORIGINAL ISSUE 
              DISCOUNT DEDUCTIONS AND INCOME INCLUSIONS IN TRANSACTIONS 
              WITH RELATED FOREIGN PERSONS.

    (a) Original Issue Discount.--Section 163(e)(3) (relating to 
special rule for original issue discount on obligation held by related 
foreign person) is amended by redesignating subparagraph (B) as 
subparagraph (C) and by inserting after subparagraph (A) the following 
new subparagraph:
                    ``(B) Special rule for certain foreign entities.--
                            ``(i) In general.--In the case of any debt 
                        instrument having original issue discount which 
                        is held by a related foreign person which is a 
                        foreign personal holding company (as defined in 
                        section 552), a controlled foreign corporation 
                        (as defined in section 957), or a passive 
                        foreign investment company (as defined in 
                        section 1297), a deduction shall be allowable 
                        to the issuer with respect to such original 
                        issue discount for any taxable year before the 
                        taxable year in which paid only to the extent 
                        such original issue discount (reduced by 
                        properly allowable deductions and qualified 
                        deficits under section 952(c)(1)(B)) is 
                        includible during such prior taxable year in 
                        the gross income of a United States person who 
                        owns (within the meaning of section 958(a)) 
                        stock in such corporation.
                            ``(ii) Secretarial authority.--The 
                        Secretary may by regulation exempt transactions 
                        from the application of clause (i), including 
                        any transaction which is entered into by a 
                        payor in the ordinary course of a trade or 
                        business in which the payor is predominantly 
                        engaged.''.
    (b) Interest and Other Deductible Amounts.--Section 267(a)(3) is 
amended--
            (1) by striking ``The Secretary'' and inserting:
                    ``(A) In general.--The Secretary'', and
            (2) by adding at the end the following new subparagraph:
                    ``(B) Special rule for certain foreign entities.--
                            ``(i) In general.--Notwithstanding 
                        subparagraph (A), in the case of any item 
                        payable to a foreign personal holding company 
                        (as defined in section 552), a controlled 
                        foreign corporation (as defined in section 
                        957), or a passive foreign investment company 
                        (as defined in section 1297), a deduction shall 
                        be allowable to the payor with respect to such 
                        amount for any taxable year before the taxable 
                        year in which paid only to the extent that an 
                        amount attributable to such item (reduced by 
                        properly allowable deductions and qualified 
                        deficits under section 952(c)(1)(B)) is 
                        includible during such prior taxable year in 
                        the gross income of a United States person who 
                        owns (within the meaning of section 958(a)) 
                        stock in such corporation.
                            ``(ii) Secretarial authority.--The 
                        Secretary may by regulation exempt transactions 
                        from the application of clause (i), including 
                        any transaction which is entered into by a 
                        payor in the ordinary course of a trade or 
                        business in which the payor is predominantly 
                        engaged and in which the payment of the accrued 
                        amounts occurs within 8\1/2\ months after 
                        accrual or within such other period as the 
                        Secretary may prescribe.''.
    (c) Effective Date.--The amendments made by this section shall 
apply to payments accrued on or after the date of the enactment of this 
Act.

SEC. 454. EFFECTIVELY CONNECTED INCOME TO INCLUDE CERTAIN FOREIGN 
              SOURCE INCOME.

    (a) In General.--Section 864(c)(4)(B) (relating to treatment of 
income from sources without the United States as effectively connected 
income) is amended by adding at the end the following new flush 
sentence:
                ``Any income or gain which is equivalent to any item of 
                income or gain described in clause (i), (ii), or (iii) 
                shall be treated in the same manner as such item for 
                purposes of this subparagraph.''.
    (b) Effective Date.--The amendment made by this section shall apply 
to taxable years beginning after the date of the enactment of this Act.

SEC. 455. RECAPTURE OF OVERALL FOREIGN LOSSES ON SALE OF CONTROLLED 
              FOREIGN CORPORATION.

    (a) In General.--Section 904(f)(3) (relating to dispositions) is 
amending by adding at the end the following new subparagraph:
                    ``(D) Application to certain dispositions of stock 
                in controlled foreign corporation.--
                            ``(i) In general.--This paragraph shall 
                        apply to an applicable disposition in the same 
                        manner as if it were a disposition of property 
                        described in subparagraph (A), except that the 
                        exception contained in subparagraph (C)(i) 
                        shall not apply.
                            ``(ii) Applicable disposition.--For 
                        purposes of clause (i), the term `applicable 
                        disposition' means any disposition of any share 
                        of stock in a controlled foreign corporation in 
                        a transaction or series of transactions if, 
                        immediately before such transaction or series 
                        of transactions, the taxpayer owned more than 
                        50 percent (by vote or value) of the stock of 
                        the controlled foreign corporation.
                            ``(iii) Exception.--A disposition shall not 
                        be treated as an applicable disposition under 
                        clause (ii) if it is part of a transaction or 
                        series of transactions--
                                    ``(I) to which section 351 or 721 
                                applies, or under which the transferor 
                                receives stock in a foreign corporation 
                                in exchange for the stock in the 
                                controlled foreign corporation and the 
                                stock received is exchanged basis 
                                property (as defined in section 
                                7701(a)(44)), and
                                    ``(II) immediately after which, the 
                                transferor owns (by vote or value) at 
                                least the same percentage of stock in 
                                the controlled foreign corporation (or, 
                                if the controlled foreign corporation 
                                is not in existence after such 
                                transaction or series of transactions, 
                                in another foreign corporation stock in 
                                which was received by the transferor in 
                                exchange for stock in the controlled 
                                foreign corporation) as the percentage 
                                of stock in the controlled foreign 
                                corporation which the taxpayer owned 
                                immediately before such transaction or 
                                series of transactions.
                        Clause (i) shall apply to any gain recognized 
                        on any disposition to which this clause 
                        applies.
                            ``(iv) Controlled foreign corporation.--For 
                        purposes of this subparagraph, the term 
                        `controlled foreign corporation' has the 
                        meaning given such term by section 957.
                            ``(v) Stock ownership.--For purposes of 
                        this subparagraph, ownership of stock shall be 
                        determined under the rules of subsections (a) 
                        and (b) of section 958.
    (b) Effective Date.--The amendment made by this section shall apply 
to dispositions after the date of the enactment of this Act.

SEC. 456. MINIMUM HOLDING PERIOD FOR FOREIGN TAX CREDIT ON WITHHOLDING 
              TAXES ON INCOME OTHER THAN DIVIDENDS.

    (a) In General.--Section 901 is amended by redesignating subsection 
(l) as subsection (m) and by inserting after subsection (k) the 
following new subsection:
    ``(l) Minimum Holding Period for Withholding Taxes on Gain and 
Income Other Than Dividends etc.--
            ``(1) In general.--In no event shall a credit be allowed 
        under subsection (a) for any withholding tax (as defined in 
        subsection (k)) on any item of income or gain with respect to 
        any property if--
                    ``(A) such property is held by the recipient of the 
                item for 15 days or less during the 30-day period 
                beginning on the date which is 15 days before the date 
                on which the right to receive payment of such item 
                arises, or
                    ``(B) to the extent that the recipient of the item 
                is under an obligation (whether pursuant to a short 
                sale or otherwise) to make related payments with 
                respect to positions in substantially similar or 
                related property.
        This paragraph shall not apply to any dividend to which 
        subsection (k) applies.
            ``(2) Exception for taxes paid by dealers.--
                    ``(A) In general.--Paragraph (1) shall not apply to 
                any qualified tax with respect to any property held in 
                the active conduct in a foreign country of a business 
                as a dealer in such property.
                    ``(B) Qualified tax.--For purposes of subparagraph 
                (A), the term `qualified tax' means a tax paid to a 
                foreign country (other than the foreign country 
                referred to in subparagraph (A)) if--
                            ``(i) the item to which such tax is 
                        attributable is subject to taxation on a net 
                        basis by the country referred to in 
                        subparagraph (A), and
                            ``(ii) such country allows a credit against 
                        its net basis tax for the full amount of the 
                        tax paid to such other foreign country.
                    ``(C) Dealer.--For purposes of subparagraph (A), 
                the term `dealer' means--
                            ``(i) with respect to a security, any 
                        person to whom paragraphs (1) and (2) of 
                        subsection (k) would not apply by reason of 
                        paragraph (4) thereof if such security were 
                        stock, and
                            ``(ii) with respect to any other property, 
                        any person with respect to whom such property 
                        is described in section 1221(a)(1).
                    ``(D) Regulations.--The Secretary may prescribe 
                such regulations as may be appropriate to carry out 
                this paragraph, including regulations to prevent the 
                abuse of the exception provided by this paragraph and 
                to treat other taxes as qualified taxes.
            ``(3) Exceptions.--The Secretary may by regulation provide 
        that paragraph (1) shall not apply to property where the 
        Secretary determines that the application of paragraph (1) to 
        such property is not necessary to carry out the purposes of 
        this subsection.
            ``(4) Certain rules to apply.--Rules similar to the rules 
        of paragraphs (5), (6), and (7) of subsection (k) shall apply 
        for purposes of this subsection.
            ``(5) Determination of holding period.--Holding periods 
        shall be determined for purposes of this subsection without 
        regard to section 1235 or any similar rule.''.
    (b) Conforming Amendment.--The heading of subsection (k) of section 
901 is amended by inserting ``on Dividends'' after ``Taxes''.
    (c) Effective Date.--The amendments made by this section shall 
apply to amounts paid or accrued more than 30 days after the date of 
the enactment of this Act.

                  Subtitle F--Other Revenue Provisions

                     PART I--FINANCIAL INSTRUMENTS

SEC. 461. TREATMENT OF STRIPPED INTERESTS IN BOND AND PREFERRED STOCK 
              FUNDS, ETC.

    (a) In General.--Section 1286 (relating to tax treatment of 
stripped bonds) is amended by redesignating subsection (f) as 
subsection (g) and by inserting after subsection (e) the following new 
subsection:
    ``(f) Treatment of Stripped Interests in Bond and Preferred Stock 
Funds, etc.--In the case of an account or entity substantially all of 
the assets of which consist of bonds, preferred stock, or a combination 
thereof, the Secretary may by regulations provide that rules similar to 
the rules of this section and 305(e), as appropriate, shall apply to 
interests in such account or entity to which (but for this subsection) 
this section or section 305(e), as the case may be, would not apply.''.
    (b) Cross Reference.--Subsection (e) of section 305 is amended by 
adding at the end the following new paragraph:
            ``(7) Cross reference.--

                                ``For treatment of stripped interests 
in certain accounts or entities holding preferred stock, see section 
1286(f).''.
    (c) Effective Date.--The amendments made by this section shall 
apply to purchases and dispositions after the date of the enactment of 
this Act.

SEC. 462. APPLICATION OF EARNINGS STRIPPING RULES TO PARTNERS WHICH ARE 
              C CORPORATIONS.

    (a) In General.--Section 163(j) (relating to limitation on 
deduction for interest on certain indebtedness) is amended by 
redesignating paragraph (8) as paragraph (9) and by inserting after 
paragraph (7) the following new paragraph:
            ``(8) Allocations to certain corporate partners.--If a C 
        corporation is a partner in a partnership--
                    ``(A) the corporation's allocable share of 
                indebtedness and interest income of the partnership 
                shall be taken into account in applying this subsection 
                to the corporation, and
                    ``(B) if a deduction is not disallowed under this 
                subsection with respect to any interest expense of the 
                partnership, this subsection shall be applied 
                separately in determining whether a deduction is 
                allowable to the corporation with respect to the 
                corporation's allocable share of such interest 
                expense.''.
    (b) Effective Date.--The amendments made by this section shall 
apply to taxable years beginning after the date of the enactment of 
this Act.

SEC. 463. RECOGNITION OF CANCELLATION OF INDEBTEDNESS INCOME REALIZED 
              ON SATISFACTION OF DEBT WITH PARTNERSHIP INTEREST.

    (a) In General.--Paragraph (8) of section 108(e) (relating to 
general rules for discharge of indebtedness (including discharges not 
in title 11 cases or insolvency)) is amended to read as follows:
            ``(8) Indebtedness satisfied by corporate stock or 
        partnership interest.--For purposes of determining income of a 
        debtor from discharge of indebtedness, if--
                    ``(A) a debtor corporation transfers stock, or
                    ``(B) a debtor partnership transfers a capital or 
                profits interest in such partnership,
        to a creditor in satisfaction of its recourse or nonrecourse 
        indebtedness, such corporation or partnership shall be treated 
        as having satisfied the indebtedness with an amount of money 
        equal to the fair market value of the stock or interest. In the 
        case of any partnership, any discharge of indebtedness income 
        recognized under this paragraph shall be included in the 
        distributive shares of taxpayers which were the partners in the 
        partnership immediately before such discharge.''.
    (b) Effective Date.--The amendment made by this section shall apply 
with respect to cancellations of indebtedness occurring on or after the 
date of the enactment of this Act.

SEC. 464. MODIFICATION OF STRADDLE RULES.

    (a) Rules Relating to Identified Straddles.--
            (1) In general.--Subparagraph (A) of section 1092(a)(2) 
        (relating to special rule for identified straddles) is amended 
        to read as follows:
                    ``(A) In general.--In the case of any straddle 
                which is an identified straddle--
                            ``(i) paragraph (1) shall not apply with 
                        respect to identified positions comprising the 
                        identified straddle,
                            ``(ii) if there is any loss with respect to 
                        any identified position of the identified 
                        straddle, the basis of each of the identified 
                        offsetting positions in the identified straddle 
                        shall be increased by an amount which bears the 
                        same ratio to the loss as the unrecognized gain 
                        with respect to such offsetting position bears 
                        to the aggregate unrecognized gain with respect 
                        to all such offsetting positions, and
                            ``(iii) any loss described in clause (ii) 
                        shall not otherwise be taken into account for 
                        purposes of this title.''.
            (2) Identified straddle.--Section 1092(a)(2)(B) (defining 
        identified straddle) is amended--
                    (A) by striking clause (ii) and inserting the 
                following:
                            ``(ii) to the extent provided by 
                        regulations, the value of each position of 
                        which (in the hands of the taxpayer immediately 
                        before the creation of the straddle) is not 
                        less than the basis of such position in the 
                        hands of the taxpayer at the time the straddle 
                        is created, and'', and
                    (B) by adding at the end the following new flush 
                sentence:
                ``The Secretary shall prescribe regulations which 
                specify the proper methods for clearly identifying a 
                straddle as an identified straddle (and the positions 
                comprising such straddle), which specify the rules for 
                the application of this section for a taxpayer which 
                fails to properly identify the positions of an 
                identified straddle, and which specify the ordering 
                rules in cases where a taxpayer disposes of less than 
                an entire position which is part of an identified 
                straddle.''.
            (3) Unrecognized gain.--Section 1092(a)(3) (defining 
        unrecognized gain) is amended by redesignating subparagraph (B) 
        as subparagraph (C) and by inserting after subparagraph (A) the 
        following new subparagraph:
                    ``(B) Special rule for identified straddles.--For 
                purposes of paragraph (2)(A)(ii), the unrecognized gain 
                with respect to any identified offsetting position 
                shall be the excess of the fair market value of the 
                position at the time of the determination over the fair 
                market value of the position at the time the taxpayer 
                identified the position as a position in an identified 
                straddle.''.
            (4) Conforming amendment.--Section 1092(c)(2) is amended by 
        striking subparagraph (B) and by redesignating subparagraph (C) 
        as subparagraph (B).
    (b) Physically Settled Positions.--Section 1092(d) (relating to 
definitions and special rules) is amended by adding at the end the 
following new paragraph:
            ``(8) Special rules for physically settled positions.--For 
        purposes of subsection (a), if a taxpayer settles a position 
        which is part of a straddle by delivering property to which the 
        position relates (and such position, if terminated, would 
        result in a realization of a loss), then such taxpayer shall be 
        treated as if such taxpayer--
                    ``(A) terminated the position for its fair market 
                value immediately before the settlement, and
                    ``(B) sold the property so delivered by the 
                taxpayer at its fair market value.''.
    (c) Repeal of Stock Exception.--
            (1) In general.--Paragraph (3) of section 1092(d) (relating 
        to definitions and special rules) is amended to read as 
        follows:
            ``(3) Special rules for stock.--For purposes of paragraph 
        (1)--
                    ``(A) In general.--The term `personal property' 
                includes--
                            ``(i) any stock which is a part of a 
                        straddle at least 1 of the offsetting positions 
                        of which is a position with respect to such 
                        stock or substantially similar or related 
                        property, or
                            ``(ii) any stock of a corporation formed or 
                        availed of to take positions in personal 
                        property which offset positions taken by any 
                        shareholder.
                    ``(B) Rule for application.--For purposes of 
                determining whether subsection (e) applies to any 
                transaction with respect to stock described in 
                subparagraph (A)(ii), all includible corporations of an 
                affiliated group (within the meaning of section 
                1504(a)) shall be treated as 1 taxpayer.''.
            (2) Conforming amendment.--Section 1258(d)(1) is amended by 
        striking ``; except that the term `personal property' shall 
        include stock''.
    (d) Modifications of Qualified Covered Call Exception.--
            (1) Markets on which options may be traded.--
                    (A) In general.--Section 1092(c)(4)(B)(i) is 
                amended by striking ``or other market which the 
                Secretary determines has rules adequate to carry out 
                the purposes of this paragraph''.
                    (B) Regulations.--Section 1092(c)(4)(H) is amended 
                by adding at the end the following new sentence: ``Such 
                regulations shall not add any exchange or market not 
                described in subparagraph (B)(i) to the exchanges or 
                markets on which qualified covered call options may be 
                traded.''
            (2) Holding period for dividend exclusion.--The last 
        sentence of section 246(c) is amended by inserting: ``, other 
        than a qualified covered call option to which section 1092(f) 
        applies'' before the period at the end.
    (e) Effective Date.--The amendments made by this section shall 
apply to positions established on or after the date of the enactment of 
this Act.

SEC. 465. DENIAL OF INSTALLMENT SALE TREATMENT FOR ALL READILY 
              TRADEABLE DEBT.

    (a) In General.--Section 453(f)(4)(B) (relating to purchaser 
evidences of indebtedness payable on demand or readily tradeable) is 
amended by striking ``is issued by a corporation or a government or 
political subdivision thereof and''.
    (b) Effective Date.--The amendment made by this section shall apply 
to sales occurring on or after the date of the enactment of this Act.

                 PART II--CORPORATIONS AND PARTNERSHIPS

SEC. 466. MODIFICATION OF TREATMENT OF TRANSFERS TO CREDITORS IN 
              DIVISIVE REORGANIZATIONS.

    (a) In General.--Section 361(b)(3) (relating to treatment of 
transfers to creditors) is amended by adding at the end the following 
new sentence: ``In the case of a reorganization described in section 
368(a)(1)(D) with respect to which stock or securities of the 
corporation to which the assets are transferred are distributed in a 
transaction which qualifies under section 355, this paragraph shall 
apply only to the extent that the sum of the money and the fair market 
value of other property transferred to such creditors does not exceed 
the adjusted bases of such assets transferred.''.
    (b) Liabilities in Excess of Basis.--Section 357(c)(1)(B) is 
amended by inserting ``with respect to which stock or securities of the 
corporation to which the assets are transferred are distributed in a 
transaction which qualifies under section 355'' after ``section 
368(a)(1)(D)''.
    (c) Effective Date.--The amendments made by this section shall 
apply to transfers of money or other property, or liabilities assumed, 
in connection with a reorganization occurring on or after the date of 
the enactment of this Act.

SEC. 467. CLARIFICATION OF DEFINITION OF NONQUALIFIED PREFERRED STOCK.

    (a) In General.--Section 351(g)(3)(A) is amended by adding at the 
end the following: ``Stock shall not be treated as participating in 
corporate growth to any significant extent unless there is a real and 
meaningful likelihood of the shareholder actually participating in the 
earnings and growth of the corporation.''.
    (b) Effective Date.--The amendment made by this section shall apply 
to transactions after May 14, 2003.

SEC. 468. MODIFICATION OF DEFINITION OF CONTROLLED GROUP OF 
              CORPORATIONS.

    (a) In General.--Section 1563(a)(2) (relating to brother-sister 
controlled group) is amended by striking ``possessing--'' and all that 
follows through ``(B)'' and inserting ``possessing''.
    (b) Application of Existing Rules to Other Code Provisions.--
Section 1563(f) (relating to other definitions and rules) is amended by 
adding at the end the following new paragraph:
            ``(5) Brother-sister controlled group definition for 
        provisions other than this part.--
                    ``(A) In general.--Except as specifically provided 
                in an applicable provision, subsection (a)(2) shall be 
                applied to an applicable provision as if it read as 
                follows:
            ```(2) Brother-sister controlled group.--Two or more 
        corporations if 5 or fewer persons who are individuals, 
        estates, or trusts own (within the meaning of subsection (d)(2) 
        stock possessing--
                    ```(A) at least 80 percent of the total combined 
                voting power of all classes of stock entitled to vote, 
                or at least 80 percent of the total value of shares of 
                all classes of stock, of each corporation, and
                    ```(B) more than 50 percent of the total combined 
                voting power of all classes of stock entitled to vote 
                or more than 50 percent of the total value of shares of 
                all classes of stock of each corporation, taking into 
                account the stock ownership of each such person only to 
                the extent such stock ownership is identical with 
                respect to each such corporation.'
                    ``(B) Applicable provision.--For purposes of this 
                paragraph, an applicable provision is any provision of 
                law (other than this part) which incorporates the 
                definition of controlled group of corporations under 
                subsection (a).''.
    (c) Effective Date.--The amendments made by this section shall 
apply to taxable years beginning after the date of the enactment of 
this Act.

SEC. 469. MANDATORY BASIS ADJUSTMENTS IN CONNECTION WITH PARTNERSHIP 
              DISTRIBUTIONS AND TRANSFERS OF PARTNERSHIP INTERESTS.

    (a) In General.--Section 754 is repealed.
    (b) Adjustment to Basis of Undistributed Partnership Property.--
Section 734 is amended--
            (1) by striking ``, with respect to which the election 
        provided in section 754 is in effect,'' in the matter preceding 
        paragraph (1) of subsection (b),
            (2) by striking ``(as adjusted by section 732(d))'' both 
        places it appears in subsection (b),
            (3) by striking the last sentence of subsection (b),
            (4) by striking subsection (a) and by redesignating 
        subsections (b) and (c) as subsections (a) and (b), 
        respectively, and
            (5) by striking ``optional'' in the heading.
    (c) Adjustment to Basis of Partnership Property.--Section 743 is 
amended--
            (1) by striking ``with respect to which the election 
        provided in section 754 is in effect'' in the matter preceding 
        paragraph (1) of subsection (b),
            (2) by striking subsection (a) and by redesignating 
        subsections (b) and (c) as subsections (a) and (b), 
        respectively,
            (3) by adding at the end the following new subsection:
    ``(c) Election To Adjust Basis for Transfers Upon Death of 
Partner.--Subsection (a) shall not apply and no adjustments shall be 
made in the case of any transfer of an interest in a partnership upon 
the death of a partner unless an election to do so is made by the 
partnership. Such an election shall apply with respect to all such 
transfers of interests in the partnership. Any election under section 
754 in effect on the date of the enactment of this subsection shall 
constitute an election made under this subsection. Such election may be 
revoked by the partnership, subject to such limitations as may be 
provided by regulations prescribed by the Secretary.'', and
            (4) by striking ``optional'' in the heading.
    (d) Conforming Amendments.--
            (1) Subsection (d) of section 732 is repealed.
            (2) Section 755(a) is amended--
                    (A) by striking ``section 734(b) (relating to the 
                optional adjustment'' and inserting ``section 734(a) 
                (relating to the adjustment'', and
                    (B) by striking ``section 743(b) (relating to the 
                optional adjustment'' and inserting ``section 743(a) 
                (relating to the adjustment''.
            (3) Section 755(c), as added by this Act, is amended by 
        striking ``section 734(b)'' and inserting ``section 734(a)''.
            (4) Section 761(e)(2) is amended by striking ``optional''.
            (5) Section 774(a) is amended by striking ``743(b)'' both 
        places it appears and inserting ``743(a)''.
            (6) The item relating to section 734 in the table of 
        sections for subpart B of part II of subchapter K of chapter 1 
        is amended by striking ``Optional''.
            (7) The item relating to section 743 in the table of 
        sections for subpart C of part II of subchapter K of chapter 1 
        is amended by striking ``Optional''.
    (e) Effective Dates.--
            (1) In general.--Except as provided in paragraph (2), the 
        amendments made by this section shall apply to transfers and 
        distributions made after the date of the enactment of this Act.
            (2) Repeal of section 732(d).--The amendments made by 
        subsections (b)(2) and (d)(1) shall apply to--
                    (A) except as provided in subparagraph (B), 
                transfers made after the date of the enactment of this 
                Act, and
                    (B) in the case of any transfer made on or before 
                such date to which section 732(d) applies, 
                distributions made after the date which is 2 years 
                after such date of enactment.

                PART III--DEPRECIATION AND AMORTIZATION

SEC. 471. EXTENSION OF AMORTIZATION OF INTANGIBLES TO SPORTS 
              FRANCHISES.

    (a) In General.--Section 197(e) (relating to exceptions to 
definition of section 197 intangible) is amended by striking paragraph 
(6) and by redesignating paragraphs (7) and (8) as paragraphs (6) and 
(7), respectively.
    (b) Conforming Amendments.--
            (1)(A) Section 1056 (relating to basis limitation for 
        player contracts transferred in connection with the sale of a 
        franchise) is repealed.
            (B) The table of sections for part IV of subchapter O of 
        chapter 1 is amended by striking the item relating to section 
        1056.
            (2) Section 1245(a) (relating to gain from disposition of 
        certain depreciable property) is amended by striking paragraph 
        (4).
            (3) Section 1253 (relating to transfers of franchises, 
        trademarks, and trade names) is amended by striking subsection 
        (e).
    (c) Effective Dates.--
            (1) In general.--Except as provided in paragraph (2), the 
        amendments made by this section shall apply to property 
        acquired after the date of the enactment of this Act.
            (2) Section 1245.--The amendment made by subsection (b)(2) 
        shall apply to franchises acquired after the date of the 
        enactment of this Act.

SEC. 472. CLASS LIVES FOR UTILITY GRADING COSTS.

    (a) Gas Utility Property.--Section 168(e)(3)(E) (defining 15-year 
property) is amended by striking ``and'' at the end of clause (ii), by 
striking the period at the end of clause (iii) and inserting ``, and'', 
and by adding at the end the following new clause:
                            ``(iv) initial clearing and grading land 
                        improvements with respect to gas utility 
                        property.''.
    (b) Electric Utility Property.--Section 168(e)(3) is amended by 
adding at the end the following new subparagraph:
                    ``(F) 20-year property.--The term `20-year 
                property' means initial clearing and grading land 
                improvements with respect to any electric utility 
                transmission and distribution plant.''.
    (c) Conforming Amendments.--The table contained in section 
168(g)(3)(B) is amended--
            (1) by inserting ``or (E)(iv)'' after ``(E)(iii)'', and
            (2) by adding at the end the following new item:

    ``(F).........................................                25''.
    (d) Effective Date.--The amendments made by this section shall 
apply to property placed in service after the date of the enactment of 
this Act.

SEC. 473. EXPANSION OF LIMITATION ON DEPRECIATION OF CERTAIN PASSENGER 
              AUTOMOBILES.

    (a) In General.--Section 179(b) of the Internal Revenue Code of 
1986 (relating to limitations) is amended by adding at the end the 
following new paragraph:
            ``(6) Limitation on cost taken into account for certain 
        passenger vehicles.--
                    ``(A) In general.--The cost of any sport utility 
                vehicle for any taxable year which may be taken into 
                account under this section shall not exceed $25,000.
                    ``(B) Sport utility vehicle.--For purposes of 
                subparagraph (A)--
                            ``(i) In general.--The term `sport utility 
                        vehicle' means any 4-wheeled vehicle--
                                    ``(I) which is primarily designed 
                                or which can be used to carry 
                                passengers over public streets, roads, 
                                or highways (except any vehicle 
                                operated exclusively on a rail or 
                                rails),
                                    ``(II) which is not subject to 
                                section 280F, and
                                    ``(III) which is rated at not more 
                                than 14,000 pounds gross vehicle 
                                weight.
                            ``(ii) Certain vehicles excluded.--Such 
                        term does not include any vehicle which--
                                    ``(I) is designed to have a seating 
                                capacity of more than 9 persons behind 
                                the driver's seat,
                                    ``(II) is equipped with a cargo 
                                area of at least 6 feet in interior 
                                length which is an open area or is 
                                designed for use as an open area but is 
                                enclosed by a cap and is not readily 
                                accessible directly from the passenger 
                                compartment, or
                                    ``(III) has an integral enclosure, 
                                fully enclosing the driver compartment 
                                and load carrying device, does not have 
                                seating rearward of the driver's seat, 
                                and has no body section protruding more 
                                than 30 inches ahead of the leading 
                                edge of the windshield.''.
    (b) Effective Date.--The amendment made by this section shall apply 
to property placed in service after the date of the enactment of this 
Act.

SEC. 474. CONSISTENT AMORTIZATION OF PERIODS FOR INTANGIBLES.

    (a) Start-Up Expenditures.--
            (1) Allowance of deduction.--Paragraph (1) of section 
        195(b) (relating to start-up expenditures) is amended to read 
        as follows:
            ``(1) Allowance of deduction.--If a taxpayer elects the 
        application of this subsection with respect to any start-up 
        expenditures--
                    ``(A) the taxpayer shall be allowed a deduction for 
                the taxable year in which the active trade or business 
                begins in an amount equal to the lesser of--
                            ``(i) the amount of start-up expenditures 
                        with respect to the active trade or business, 
                        or
                            ``(ii) $5,000, reduced (but not below zero) 
                        by the amount by which such start-up 
                        expenditures exceed $50,000, and
                    ``(B) the remainder of such start-up expenditures 
                shall be allowed as a deduction ratably over the 180-
                month period beginning with the month in which the 
                active trade or business begins.''.
            (2) Conforming amendment.--Subsection (b) of section 195 is 
        amended by striking ``Amortize'' and inserting ``Deduct'' in 
        the heading.
    (b) Organizational Expenditures.--Subsection (a) of section 248 
(relating to organizational expenditures) is amended to read as 
follows:
    ``(a) Election to Deduct.--If a corporation elects the application 
of this subsection (in accordance with regulations prescribed by the 
Secretary) with respect to any organizational expenditures--
            ``(1) the corporation shall be allowed a deduction for the 
        taxable year in which the corporation begins business in an 
        amount equal to the lesser of--
                    ``(A) the amount of organizational expenditures 
                with respect to the taxpayer, or
                    ``(B) $5,000, reduced (but not below zero) by the 
                amount by which such organizational expenditures exceed 
                $50,000, and
            ``(2) the remainder of such organizational expenditures 
        shall be allowed as a deduction ratably over the 180-month 
        period beginning with the month in which the corporation begins 
        business.''.
    (c) Treatment of Organizational and Syndication Fees or 
Partnerships.--
            (1) In general.--Section 709(b) (relating to amortization 
        of organization fees) is amended by redesignating paragraph (2) 
        as paragraph (3) and by amending paragraph (1) to read as 
        follows:
            ``(1) Allowance of deduction.--If a taxpayer elects the 
        application of this subsection (in accordance with regulations 
        prescribed by the Secretary) with respect to any organizational 
        expenses--
                    ``(A) the taxpayer shall be allowed a deduction for 
                the taxable year in which the partnership begins 
                business in an amount equal to the lesser of--
                            ``(i) the amount of organizational expenses 
                        with respect to the partnership, or
                            ``(ii) $5,000, reduced (but not below zero) 
                        by the amount by which such organizational 
                        expenses exceed $50,000, and
                    ``(B) the remainder of such organizational expenses 
                shall be allowed as a deduction ratably over the 180-
                month period beginning with the month in which the 
                partnership begins business.
            ``(2) Dispositions before close of amortization period.--In 
        any case in which a partnership is liquidated before the end of 
        the period to which paragraph (1)(B) applies, any deferred 
        expenses attributable to the partnership which were not allowed 
        as a deduction by reason of this section may be deducted to the 
        extent allowable under section 165.''.
            (2) Conforming amendment.--Subsection (b) of section 709 is 
        amended by striking ``Amortization'' and inserting 
        ``Deduction'' in the heading.
    (d) Effective Date.--The amendments made by this section shall 
apply to amounts paid or incurred after the date of the enactment of 
this Act.

SEC. 475. REFORM OF TAX TREATMENT OF LEASING OPERATIONS.

    (a) Clarification of Recovery Period for Tax-Exempt Use Property 
Subject to Lease.--Subparagraph (A) of section 168(g)(3) (relating to 
special rules for determining class life) is amended by inserting 
``(notwithstanding any other subparagraph of this paragraph)'' after 
``shall''.
    (b) Limitation on Depreciation Period for Software Leased to Tax-
Exempt Entity.--Paragraph (1) of section 167(f) is amended by adding at 
the end the following new subparagraph:
                    ``(C) Tax-exempt use property subject to lease.--In 
                the case of computer software which would be tax-exempt 
                use property as defined in subsection (h) of section 
                168 if such section applied to computer software, the 
                useful life under subparagraph (A) shall not be less 
                than 125 percent of the lease term (within the meaning 
                of section 168(i)(3)).''
    (c) Lease Term To Include Related Service Contracts.--Subparagraph 
(A) of section 168(i)(3) (relating to lease term) is amended by 
striking ``and'' at the end of clause (i), by redesignating clause (ii) 
as clause (iii), and by inserting after clause (i) the following new 
clause:
                            ``(ii) the term of a lease shall include 
                        the term of any service contract or similar 
                        arrangement (whether or not treated as a lease 
                        under section 7701(e))--
                                    ``(I) which is part of the same 
                                transaction (or series of related 
                                transactions) which includes the lease, 
                                and
                                    ``(II) which is with respect to the 
                                property subject to the lease or 
                                substantially similar property, and''.
    (d) Effective Date.--The amendments made by this section shall 
apply to leases entered into after December 31, 2003.

SEC. 476. LIMITATION ON DEDUCTIONS ALLOCABLE TO PROPERTY USED BY 
              GOVERNMENTS OR OTHER TAX-EXEMPT ENTITIES.

    (a) In General.--Subpart C of part II of subchapter E of chapter 1 
(relating to taxable year for which deductions taken) is amended by 
adding at the end the following new section:

``SEC. 470. LIMITATIONS ON LOSSES FROM TAX-EXEMPT USE PROPERTY.

    ``(a) Limitation on Losses.--Except as otherwise provided in this 
section, a tax-exempt use loss for any taxable year shall not be 
allowed.
    ``(b) Disallowed Loss Carried to Next Year.--Any tax-exempt use 
loss with respect to any tax-exempt use property which is disallowed 
under subsection (a) for any taxable year shall be treated as a 
deduction with respect to such property in the next taxable year.
    ``(c) Definitions.--For purposes of this section--
            ``(1) Tax-exempt use loss.--The term `tax-exempt use loss' 
        means, with respect to any taxable year, the amount (if any) by 
        which--
                    ``(A) the sum of--
                            ``(i) the aggregate deductions (other than 
                        interest) directly allocable to a tax-exempt 
                        use property, plus
                            ``(ii) the aggregate deductions for 
                        interest properly allocable to such property, 
                        exceed
                    ``(B) the aggregate income from such property.
            ``(2) Tax-exempt use property.--The term `tax-exempt use 
        property' has the meaning given to such term by section 168(h) 
        (without regard to paragraph (1)(C) or (3) thereof and 
        determined as if property described in section 167(f)(1)(B) 
        were tangible property). Such term shall not include property 
        with respect to which the credit under section 42 is allowed 
        and which, but for this sentence, would be tax-exempt property 
        solely by reason of section 168(h)(6).
    ``(d) Exception for Certain Leases.--This section shall not apply 
to any lease of property which meets the requirements of all of the 
following paragraphs:
            ``(1) Property not financed with tax-exempt bonds or 
        federal funds.--A lease of property meets the requirements of 
        this paragraph if no part of the property was financed 
        (directly or indirectly) from--
                    ``(A) the proceeds of an obligation the interest on 
                which is exempt from tax under section 103(a) and which 
                (or any refunding bond of which) is outstanding when 
                the lease is entered into, or
                    ``(B) Federal funds.
        The Secretary may by regulations provide for a de minimis 
        exception from this paragraph.
            ``(2) Availability of funds.--
                    ``(A) In general.--A lease of property meets the 
                requirements of this paragraph if (at any time during 
                the lease term) not more than an allowable amount of 
                funds are--
                            ``(i) subject to any arrangement referred 
                        to in subparagraph (B), or
                            ``(ii) set aside or expected to be set 
                        aside,
                to or for the benefit of the lessor or a lender, or to 
                or for the benefit of the lessee to satisfy the 
                lessee's obligations or options under the lease. Funds 
                shall be treated as described in clause (ii) only if a 
                reasonable person would conclude, based on the facts 
                and circumstances, that such funds are so described.
                    ``(B) Arrangements.--The arrangements referred to 
                in this subparagraph are--
                            ``(i) a defeasance arrangement, a loan by 
                        the lessee to the lessor or a lender, a deposit 
                        arrangement, a letter of credit collateralized 
                        with cash or cash equivalents, a payment 
                        undertaking agreement, a lease prepayment, a 
                        sinking fund arrangement, or any similar 
                        arrangement (whether or not such arrangement 
                        provides credit support), and
                            ``(ii) any other arrangement identified by 
                        the Secretary in regulations.
                    ``(C) Allowable amount.--
                            ``(i) In general.--Except as otherwise 
                        provided in this subparagraph, the term 
                        `allowable amount' means an amount equal to 20 
                        percent of the lessor's adjusted basis in the 
                        property at the time the lease is entered into.
                            ``(ii) Higher amount permitted in certain 
                        cases.--To the extent provided in regulations, 
                        a higher percentage shall be permitted under 
                        clause (i) where necessary because of the 
                        credit-worthiness of the lessee. In no event 
                        may such regulations permit a percentage of 
                        more than 50 percent.
                            ``(iii) Option to purchase.--If under the 
                        lease the lessee has the option to purchase the 
                        property for a fixed price or for other than 
                        the fair market value of the property 
                        (determined at the time of exercise), the 
                        allowable amount at the time such option may be 
                        exercised may not exceed 50 percent of the 
                        price at which such option may be exercised.
                            ``(iv) No allowable amount for certain 
                        arrangements.--The allowable amount shall be 
                        zero in the case of any arrangement which 
                        involves--
                                    ``(I) a loan from the lessee to the 
                                lessor or a lender,
                                    ``(II) any deposit, letter of 
                                credit, or payment undertaking 
                                agreement involving a lender, or
                                    ``(III) any credit support made 
                                available to the lessor in which a 
                                lender (if any) does not have a claim 
                                which is senior to the lessor.
                        For purposes of subclause (I), the term `loan' 
                        shall not include any amount treated as a loan 
                        under section 467 with respect to a section 467 
                        rental agreement.
            ``(3) Lessor must make substantial equity investment.--A 
        lease of property meets the requirements of this paragraph if--
                    ``(A) the lessor--
                            ``(i) has at the time the lease is entered 
                        into an unconditional at-risk equity investment 
                        (as determined by the Secretary) in the 
                        property of at least 20 percent of the lessor's 
                        adjusted basis in the property as of that time, 
                        and
                            ``(ii) maintains such investment throughout 
                        the term of the lease, and
                    ``(B) the fair market value of the property at the 
                end of the lease term is reasonably expected to be 
                equal to at least 20 percent of such basis.
        Subparagraphs (A)(ii) and (B) shall not apply if the lease term 
        is described in section 168(h)(1)(C)(ii), or in the case of 
        qualified technological equipment, is described in section 
        168(h)(3). For purposes of subparagraph (B), the fair market 
        value at the end of the lease term shall be reduced to the 
        extent that a person other than the lessor bears a risk of loss 
        in the value of the property.
            ``(4) Lessee may not bear more than minimal risk of loss.--
                    ``(A) In general.--A lease of property meets the 
                requirements of this paragraph if there is no 
                arrangement under which more than a minimal risk of 
                loss (as determined under regulations) in the value of 
                the property is borne by the lessee.
                    ``(B) Certain arrangements fail requirement.--In no 
                event will the requirements of this paragraph be met if 
                there is any arrangement under which the lessee bears--
                            ``(i) any portion of the loss that would 
                        occur if the fair market value of the leased 
                        property were 25 percent less than its 
                        reasonably expected fair market value at the 
                        time the lease is terminated, or
                            ``(ii) more than 50 percent of the loss 
                        that would occur if the fair market value of 
                        the leased property at the time the lease is 
                        terminated were zero.
            ``(5) Property with more than 7-year class life.--In the 
        case of a lease--
                    ``(A) of property with a class life (as defined in 
                section 168(i)(1)) of more than 7 years, and
                    ``(B) under which the lessee has the option to 
                purchase the property,
        the lease meets the requirements of this paragraph only if the 
        purchase price under the option equals the fair market value of 
        the property (determined at the time of exercise).
            ``(6) Regulatory requirements.--A lease of property meets 
        the requirements of this paragraph if such lease of property 
        meets such requirements as the Secretary may prescribe by 
        regulations.
    ``(e) Special Rules.--
            ``(1) Treatment of former tax-exempt use property.--
                    ``(A) In general.--In the case of any former tax-
                exempt use property--
                            ``(i) any deduction allowable under 
                        subsection (b) with respect to such property 
                        for any taxable year shall be allowed only to 
                        the extent of any net income (without regard to 
                        such deduction) from such property for such 
                        taxable year, and
                            ``(ii) any portion of such unused deduction 
                        remaining after application of clause (i) shall 
                        be treated as allowable under subsection (b) 
                        with respect to such property in the next 
                        taxable year.
                    ``(B) Former tax-exempt use property.--For purposes 
                of this subsection, the term `former tax-exempt use 
                property' means any property which--
                            ``(i) is not tax-exempt use property for 
                        the taxable year, but
                            ``(ii) was tax-exempt use property for any 
                        prior taxable year.
            ``(2) Disposition of entire interest in property.--If 
        during the taxable year a taxpayer disposes of the taxpayer's 
        entire interest in tax-exempt use property (or former tax-
        exempt use property), rules similar to the rules of section 
        469(g) shall apply for purposes of this section.
            ``(3) Coordination with section 469.--This section shall be 
        applied before the application of section 469.
    ``(f) Other Definitions.--For purposes of this section--
            ``(1) Related parties.--The terms `lessor', `lessee', and 
        `lender' include any related party (within the meaning of 
        section 197(f)(9)(C)(i)).
            ``(2) Lease term.--The term `lease term' has the meaning 
        given to such term by section 168(i)(3).
            ``(3) Lender.--The term `lender' means, with respect to any 
        lease, a person that makes a loan to the lessor which is 
        secured (or economically similar to being secured) by the lease 
        or the leased property.
            ``(4) Loan.--The term `loan' includes any similar 
        arrangement.
    ``(g) Regulations.--The Secretary shall prescribe such regulations 
as may be necessary or appropriate to carry out the purposes of this 
section, including regulation which--
            ``(1) allow in appropriate cases the aggregation of 
        property subject to the same lease, and
            ``(2) provide for the determination of the allocation of 
        interest expense for purposes of this section.''
    (b) Conforming Amendment.--The table of sections for subpart C of 
part II of subchapter E of chapter 1 is amended by adding at the end 
the following new item:

``Sec. 470. Limitations on losses from tax-exempt use property.''
    (c) Effective Dates.--
            (1) In general.--The amendments made by this section shall 
        apply to leases entered into after November 18, 2003.
            (2) Leases to foreign entities.--In the case of tax-exempt 
        use property leased to a tax-exempt entity which is a foreign 
        person or entity, the amendments made by this section shall 
        apply to taxable years beginning after January 31, 2004, with 
        respect to leases entered into on or before November 18, 2003.

                   PART IV--ADMINISTRATIVE PROVISIONS

SEC. 481. CLARIFICATION OF RULES FOR PAYMENT OF ESTIMATED TAX FOR 
              CERTAIN DEEMED ASSET SALES.

    (a) In General.--Paragraph (13) of section 338(h) (relating to tax 
on deemed sale not taken into account for estimated tax purposes) is 
amended by adding at the end the following: ``The preceding sentence 
shall not apply with respect to a qualified stock purchase for which an 
election is made under paragraph (10).''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
apply to transactions occurring after the date of the enactment of this 
Act.

SEC. 482. EXTENSION OF IRS USER FEES.

    (a) In General.--Section 7528(c) (relating to termination) is 
amended by striking ``December 31, 2004'' and inserting ``September 30, 
2013''.
    (b) Effective Date.--The amendment made by this section shall apply 
to requests after the date of the enactment of this Act.

SEC. 483. DOUBLING OF CERTAIN PENALTIES, FINES, AND INTEREST ON 
              UNDERPAYMENTS RELATED TO CERTAIN OFFSHORE FINANCIAL 
              ARRANGEMENT.

    (a) Determination of Penalty.--
            (1) In general.--Notwithstanding any other provision of 
        law, in the case of an applicable taxpayer--
                    (A) the determination as to whether any interest or 
                applicable penalty is to be imposed with respect to any 
                arrangement to which any initiative described in 
                paragraph (2) applied, or to any underpayment of 
                Federal income tax attributable to items arising in 
                connection with any arrangement described in paragraph 
                (2), shall be made without regard to section 6664 of 
                the Internal Revenue Code of 1986, and
                    (B) if any such interest or applicable penalty is 
                imposed, the amount of such interest or penalty shall 
                be equal to twice that determined without regard to 
                this section.
            (2) Applicable taxpayer.--For purposes of this subsection, 
        the term ``applicable taxpayer'' means a taxpayer eligible to 
        participate in--
                    (A) the Department of the Treasury's Offshore 
                Voluntary Compliance Initiative, or
                    (B) the Department of the Treasury's voluntary 
                disclosure initiative which applies to the taxpayer by 
                reason of the taxpayer's underreporting of United 
                States income tax liability through financial 
                arrangements which rely on the use of offshore 
                arrangements which were the subject of the initiative 
                described in subparagraph (A).
    (b) Definitions and Rules.--For purposes of this section--
            (1) Applicable penalty.--The term ``applicable penalty'' 
        means any penalty, addition to tax, or fine imposed under 
        chapter 68 of the Internal Revenue Code of 1986.
            (2) Voluntary offshore compliance initiative.--The term 
        ``Voluntary Offshore Compliance Initiative'' means the program 
        established by the Department of the Treasury in January of 
        2003 under which any taxpayer was eligible to voluntarily 
        disclose previously undisclosed income on assets placed in 
        offshore accounts and accessed through credit card and other 
        financial arrangements.
            (3) Participation.--A taxpayer shall be treated as having 
        participated in the Voluntary Offshore Compliance Initiative if 
        the taxpayer submitted the request in a timely manner and all 
        information requested by the Secretary of the Treasury or his 
        delegate within a reasonable period of time following the 
        request.
    (c) Effective Date.--The provisions of this section shall apply to 
interest, penalties, additions to tax, and fines with respect to any 
taxable year if as of the date of the enactment of this Act, the 
assessment of any tax, penalty, or interest with respect to such 
taxable year is not prevented by the operation of any law or rule of 
law.

SEC. 484. PARTIAL PAYMENT OF TAX LIABILITY IN INSTALLMENT AGREEMENTS.

    (a) In General.--
            (1) Section 6159(a) (relating to authorization of 
        agreements) is amended--
                    (A) by striking ``satisfy liability for payment 
                of'' and inserting ``make payment on'', and
                    (B) by inserting ``full or partial'' after 
                ``facilitate''.
            (2) Section 6159(c) (relating to Secretary required to 
        enter into installment agreements in certain cases) is amended 
        in the matter preceding paragraph (1) by inserting ``full'' 
        before ``payment''.
    (b) Requirement To Review Partial Payment Agreements Every Two 
Years.--Section 6159, as amended by this Act, is amended by 
redesignating subsections (d), (e), and (f) as subsections (e), (f), 
and (g), respectively, and inserting after subsection (c) the following 
new subsection:
    ``(d) Secretary Required To Review Installment Agreements for 
Partial Collection Every Two Years.--In the case of an agreement 
entered into by the Secretary under subsection (a) for partial 
collection of a tax liability, the Secretary shall review the agreement 
at least once every 2 years.''.
    (c) Effective Date.--The amendments made by this section shall 
apply to agreements entered into on or after the date of the enactment 
of this Act.

SEC. 485. EXTENSION OF CUSTOMS USER FEES.

    Section 13031(j)(3) of the Consolidated Omnibus Budget 
Reconciliation Act of 1985 (19 U.S.C. 58c(j)(3)) is amended by striking 
``March 1, 2005'' and inserting ``September 30, 2013''.

SEC. 486. DEPOSITS MADE TO SUSPEND RUNNING OF INTEREST ON POTENTIAL 
              UNDERPAYMENTS.

    (a) In General.--Subchapter A of chapter 67 (relating to interest 
on underpayments) is amended by adding at the end the following new 
section:

``SEC. 6603. DEPOSITS MADE TO SUSPEND RUNNING OF INTEREST ON POTENTIAL 
              UNDERPAYMENTS, ETC.

    ``(a) Authority To Make Deposits Other Than As Payment of Tax.--A 
taxpayer may make a cash deposit with the Secretary which may be used 
by the Secretary to pay any tax imposed under subtitle A or B or 
chapter 41, 42, 43, or 44 which has not been assessed at the time of 
the deposit. Such a deposit shall be made in such manner as the 
Secretary shall prescribe.
    ``(b) No Interest Imposed.--To the extent that such deposit is used 
by the Secretary to pay tax, for purposes of section 6601 (relating to 
interest on underpayments), the tax shall be treated as paid when the 
deposit is made.
    ``(c) Return of Deposit.--Except in a case where the Secretary 
determines that collection of tax is in jeopardy, the Secretary shall 
return to the taxpayer any amount of the deposit (to the extent not 
used for a payment of tax) which the taxpayer requests in writing.
    ``(d) Payment of Interest.--
            ``(1) In general.--For purposes of section 6611 (relating 
        to interest on overpayments), a deposit which is returned to a 
        taxpayer shall be treated as a payment of tax for any period to 
        the extent (and only to the extent) attributable to a 
        disputable tax for such period. Under regulations prescribed by 
        the Secretary, rules similar to the rules of section 6611(b)(2) 
        shall apply.
            ``(2) Disputable tax.--
                    ``(A) In general.--For purposes of this section, 
                the term `disputable tax' means the amount of tax 
                specified at the time of the deposit as the taxpayer's 
                reasonable estimate of the maximum amount of any tax 
                attributable to disputable items.
                    ``(B) Safe harbor based on 30-day letter.--In the 
                case of a taxpayer who has been issued a 30-day letter, 
                the maximum amount of tax under subparagraph (A) shall 
                not be less than the amount of the proposed deficiency 
                specified in such letter.
            ``(3) Other definitions.--For purposes of paragraph (2)--
                    ``(A) Disputable item.--The term `disputable item' 
                means any item of income, gain, loss, deduction, or 
                credit if the taxpayer--
                            ``(i) has a reasonable basis for its 
                        treatment of such item, and
                            ``(ii) reasonably believes that the 
                        Secretary also has a reasonable basis for 
                        disallowing the taxpayer's treatment of such 
                        item.
                    ``(B) 30-day letter.--The term `30-day letter' 
                means the first letter of proposed deficiency which 
                allows the taxpayer an opportunity for administrative 
                review in the Internal Revenue Service Office of 
                Appeals.
            ``(4) Rate of interest.--The rate of interest allowable 
        under this subsection shall be the Federal short-term rate 
        determined under section 6621(b), compounded daily.
    ``(e) Use of Deposits.--
            ``(1) Payment of tax.--Except as otherwise provided by the 
        taxpayer, deposits shall be treated as used for the payment of 
        tax in the order deposited.
            ``(2) Returns of deposits.--Deposits shall be treated as 
        returned to the taxpayer on a last-in, first-out basis.''.
    (b) Clerical Amendment.--The table of sections for subchapter A of 
chapter 67 is amended by adding at the end the following new item:

                              ``Sec. 6603. Deposits made to suspend 
                                        running of interest on 
                                        potential underpayments, 
                                        etc.''.
    (c) Effective Date.--
            (1) In general.--The amendments made by this section shall 
        apply to deposits made after the date of the enactment of this 
        Act.
            (2) Coordination with deposits made under revenue procedure 
        84-58.--In the case of an amount held by the Secretary of the 
        Treasury or his delegate on the date of the enactment of this 
        Act as a deposit in the nature of a cash bond deposit pursuant 
        to Revenue Procedure 84-58, the date that the taxpayer 
        identifies such amount as a deposit made pursuant to section 
        6603 of the Internal Revenue Code (as added by this Act) shall 
        be treated as the date such amount is deposited for purposes of 
        such section 6603.

SEC. 487. QUALIFIED TAX COLLECTION CONTRACTS.

    (a) Contract Requirements.--
            (1) In general.--Subchapter A of chapter 64 (relating to 
        collection) is amended by adding at the end the following new 
        section:

``SEC. 6306. QUALIFIED TAX COLLECTION CONTRACTS.

    ``(a) In General.--Nothing in any provision of law shall be 
construed to prevent the Secretary from entering into a qualified tax 
collection contract.
    ``(b) Qualified Tax Collection Contract.--For purposes of this 
section, the term `qualified tax collection contract' means any 
contract which--
            ``(1) is for the services of any person (other than an 
        officer or employee of the Treasury Department)--
                    ``(A) to locate and contact any taxpayer specified 
                by the Secretary,
                    ``(B) to request full payment from such taxpayer of 
                an amount of Federal tax specified by the Secretary 
                and, if such request cannot be met by the taxpayer, to 
                offer the taxpayer an installment agreement providing 
                for full payment of such amount during a period not to 
                exceed 3 years, and
                    ``(C) to obtain financial information specified by 
                the Secretary with respect to such taxpayer,
            ``(2) prohibits each person providing such services under 
        such contract from committing any act or omission which 
        employees of the Internal Revenue Service are prohibited from 
        committing in the performance of similar services,
            ``(3) prohibits subcontractors from--
                    ``(A) having contacts with taxpayers,
                    ``(B) providing quality assurance services, and
                    ``(C) composing debt collection notices, and
            ``(4) permits subcontractors to perform other services only 
        with the approval of the Secretary.
    ``(c) Fees and Expenses.--The Secretary may retain and use--
            ``(1) an amount not in excess of 25 percent of the amount 
        collected under any qualified tax collection contract for the 
        costs of services performed under such contract, and
            ``(2) an amount not in excess of 25 percent of such amount 
        collected for collection enforcement activities of the Internal 
        Revenue Service.
The Secretary shall keep adequate records regarding amounts so retained 
and used. The amount credited as paid by any taxpayer shall be 
determined without regard to this subsection.
    ``(d) No Federal Liability.--The United States shall not be liable 
for any act or omission of any person performing services under a 
qualified tax collection contract.
    ``(e) Application of Fair Debt Collection Practices Act.--The 
provisions of the Fair Debt Collection Practices Act (15 U.S.C. 1692 et 
seq.) shall apply to any qualified tax collection contract, except to 
the extent superseded by section 6304, section 7602(c), or by any other 
provision of this title.
    ``(f) Application of Section.--In no event may the term of any 
qualified tax collection contract extend beyond the date which is 5 
years after the date of the enactment of this section.
    ``(g) Cross References.--
            ``(1) For damages for certain unauthorized collection 
        actions by persons performing services under a qualified tax 
        collection contract, see section 7433A.
            ``(2) For application of Taxpayer Assistance Orders to 
        persons performing services under a qualified tax collection 
        contract, see section 7811(a)(4).''.
            (2) Conforming amendments.--
                    (A) Section 7809(a) is amended by inserting 
                ``6306,'' before ``7651''.
                    (B) The table of sections for subchapter A of 
                chapter 64 is amended by adding at the end the 
                following new item:

                              ``Sec. 6306. Qualified Tax Collection 
                                        Contracts.''.
    (b) Civil Damages for Certain Unauthorized Collection Actions by 
Persons Performing Services Under Qualified Tax Collection Contracts.--
            (1) In general.--Subchapter B of chapter 76 (relating to 
        proceedings by taxpayers and third parties) is amended by 
        inserting after section 7433 the following new section:

``SEC. 7433A. CIVIL DAMAGES FOR CERTAIN UNAUTHORIZED COLLECTION ACTIONS 
              BY PERSONS PERFORMING SERVICES UNDER QUALIFIED TAX 
              COLLECTION CONTRACTS.

    ``(a) In General.--Subject to the modifications provided by 
subsection (b), section 7433 shall apply to the acts and omissions of 
any person performing services under a qualified tax collection 
contract (as defined in section 6306(b)) to the same extent and in the 
same manner as if such person were an employee of the Internal Revenue 
Service.
    ``(b) Modifications.--For purposes of subsection (a)--
            ``(1) Any civil action brought under section 7433 by reason 
        of this section shall be brought against the person who entered 
        into the qualified tax collection contract with the Secretary 
        and shall not be brought against the United States.
            ``(2) Such person and not the United States shall be liable 
        for any damages and costs determined in such civil action.
            ``(3) Such civil action shall not be an exclusive remedy 
        with respect to such person.
            ``(4) Subsections (c), (d)(1), and (e) of section 7433 
        shall not apply.''.
            (2) Clerical amendment.--The table of sections for 
        subchapter B of chapter 76 is amended by inserting after the 
        item relating to section 7433 the following new item:

                              ``Sec. 7433A. Civil damages for certain 
                                        unauthorized collection actions 
                                        by persons performing services 
                                        under a qualified tax 
                                        collection contract.''.
    (c) Application of Taxpayer Assistance Orders to Persons Performing 
Services Under a Qualified Tax Collection Contract.--Section 7811 
(relating to taxpayer assistance orders) is amended by adding at the 
end the following new subsection:
    ``(g) Application to Persons Performing Services Under a Qualified 
Tax Collection Contract.--Any order issued or action taken by the 
National Taxpayer Advocate pursuant to this section shall apply to 
persons performing services under a qualified tax collection contract 
(as defined in section 6306(b)) to the same extent and in the same 
manner as such order or action applies to the Secretary.''.
    (d) Ineligibility of Individuals Who Commit Misconduct To Perform 
Under Contract.--Section 1203 of the Internal Revenue Service 
Restructuring Act of 1998 (relating to termination of employment for 
misconduct) is amended by adding at the end the following new 
subsection:
    ``(e) Individuals Performing Services Under a Qualified Tax 
Collection Contract.--An individual shall cease to be permitted to 
perform any services under any qualified tax collection contract (as 
defined in section 6306(b) of the Internal Revenue Code of 1986) if 
there is a final determination by the Secretary of the Treasury under 
such contract that such individual committed any act or omission 
described under subsection (b) in connection with the performance of 
such services.''.
    (e) Biennial Report.--The Secretary of the Treasury shall 
biennially submit (beginning in 2005) to the Committee on Finance of 
the Senate and the Committee on Ways and Means of the House of 
Representatives a report with respect to qualified tax collection 
contracts under section 6306 of the Internal Revenue Code of 1986 (as 
added by this section) which includes--
            (1) a complete cost benefit analysis,
            (2) the impact of such contracts on collection enforcement 
        staff levels in the Internal Revenue Service,
            (3) the amounts collected and the collection costs incurred 
        (directly and indirectly),
            (4) an evaluation of contractor performance,
            (5) a disclosure safeguard report in a form similar to that 
        required under section 6103(p)(5) of such Code, and
            (6) a measurement plan which includes a comparison of the 
        best practices used by the private collectors with the Internal 
        Revenue Service's own collection techniques) and mechanisms to 
        identify and capture information on successful collection 
        techniques used by the contractors which could be adopted by 
        the Internal Revenue Service.
    (f) Effective Date.--The amendments made to this section shall take 
effect on the date of the enactment of this Act.

SEC. 488. WHISTLEBLOWER REFORMS.

    (a) In General.--Section 7623 (relating to expenses of detection of 
underpayments and fraud, etc.) is amended--
            (1) by striking ``The Secretary'' and inserting ``(a) In 
        General.--The Secretary'',
            (2) by striking ``and'' at the end of paragraph (1) and 
        inserting ``or'',
            (3) by striking ``(other than interest)'', and
            (4) by adding at the end the following new subsections:
    ``(b) Awards to Whistleblowers.--
            ``(1) In general.--If the Secretary proceeds with any 
        administrative or judicial action described in subsection (a) 
        based on information brought to the Secretary's attention by an 
        individual, such individual shall, subject to paragraph (2), 
        receive as an award at least 15 percent but not more than 30 
        percent of the collected proceeds (including penalties, 
        interest, additions to tax, and additional amounts) resulting 
        from the action (including any related actions) or from any 
        settlement in response to such action. The determination of the 
        amount of such award by the Whistleblower Office shall depend 
        upon the extent to which the individual substantially 
        contributed to such action.
            ``(2) Award in case of less substantial contribution.--
                    ``(A) In general.--In the event the action 
                described in paragraph (1) is one which the 
                Whistleblower Office determines to be based principally 
                on disclosures of specific allegations (other than 
                information provided by the individual described in 
                paragraph (1)) resulting from a judicial or 
                administrative hearing, from a governmental report, 
                hearing, audit, or investigation, or from the news 
                media, the Whistleblower Office may award such sums as 
                it considers appropriate, but in no case more than 10 
                percent of the collected proceeds (including penalties, 
                interest, additions to tax, and additional amounts) 
                resulting from the action (including any related 
                actions) or from any settlement in response to such 
                action, taking into account the significance of the 
                individual's information and the role of such 
                individual and any legal representative of such 
                individual in contributing to such action.
                    ``(B) Nonapplication of paragraph where individual 
                is original source of information.--Subparagraph (A) 
                shall not apply if the information resulting in the 
                initiation of the action described in paragraph (1) was 
                originally provided by the individual described in 
                paragraph (1).
            ``(3) Appeal of award determination.--Any determination 
        regarding an award under paragraph (1) or (2) shall be subject 
        to the filing by the individual described in such paragraph of 
        a petition for review with the Tax Court under rules similar to 
        the rules under section 7463 (without regard to the amount in 
        dispute) and such review shall be subject to the rules under 
        section 7461(b)(1).
            ``(4) Application of this subsection.--This subsection 
        shall apply with respect to any action--
                    ``(A) against any taxpayer, but in the case of any 
                individual, only if such individual's gross income 
                exceeds $200,000 for any taxable year subject to such 
                action, and
                    ``(B) if the tax, penalties, interest, additions to 
                tax, and additional amounts in dispute exceed $20,000.
            ``(5) Additional rules.--
                    ``(A) No contract necessary.--No contract with the 
                Internal Revenue Service is necessary for any 
                individual to receive an award under this subsection.
                    ``(B) Representation.--Any individual described in 
                paragraph (1) or (2) may be represented by counsel.
                    ``(C) Award not subject to individual alternative 
                minimum tax.--No award received under this subsection 
                shall be included in gross income for purposes of 
                determining alternative minimum taxable income.
    ``(c) Whistleblower Office.--
            ``(1) In general.--There is established in the Internal 
        Revenue Service an office to be known as the `Whistleblower 
        Office' which--
                    ``(A) shall analyze information received from any 
                individual described in subsection (b) and either 
                investigate the matter itself or assign it to the 
                appropriate Internal Revenue Service office,
                    ``(B) shall monitor any action taken with respect 
                to such matter,
                    ``(C) shall inform such individual that it has 
                accepted the individual's information for further 
                review,
                    ``(D) may require such individual and any legal 
                representative of such individual to not disclose any 
                information so provided,
                    ``(E) may ask for additional assistance from such 
                individual or any legal representative of such 
                individual, and
                    ``(F) shall determine the amount to be awarded to 
                such individual under subsection (b).
            ``(2) Funding for office.--From the amounts available for 
        expenditure under subsection (a), the Whistleblower Office 
        shall be credited with an amount equal to the awards made under 
        subsection (b). These funds shall be used to maintain the 
        Whistleblower Office and also to reimburse other Internal 
        Revenue Service offices for related costs, such as costs of 
        investigation and collection.
            ``(3) Request for assistance.--
                    ``(A) In general.--Any assistance requested under 
                paragraph (1)(E) shall be under the direction and 
                control of the Whistleblower Office or the office 
                assigned to investigate the matter under subparagraph 
                (A). To the extent the disclosure of any returns or 
                return information to the individual or legal 
                representative is required for the performance of such 
                assistance, such disclosure shall be pursuant to a 
                contract entered into between the Secretary and the 
                recipients of such disclosure subject to section 
                6103(n).
                    ``(B) Funding of assistance.--From the funds made 
                available to the Whistleblower Office under paragraph 
                (2), the Whistleblower Office may reimburse the costs 
                incurred by any legal representative in providing 
                assistance described in subparagraph (A).''.
    (b) Effective Date.--The amendments made by this section shall 
apply to information provided on or after the date of the enactment of 
this Act.

SEC. 489. PROTECTION OF OVERTIME PAY.

    Section 13 of the Fair Labor Standards Act of 1938 (29 U.S.C. 213) 
is amended by adding at the end the following:
    ``(k)(1) The Secretary shall not promulgate any rule under 
subsection (a)(1) that exempts from the overtime pay provisions of 
section 7 any employee who earns less than $23,660 per year.
    ``(2) The Secretary shall not promulgate any rule under subsection 
(a)(1) concerning the right to overtime pay that is not as protective, 
or more protective, of the overtime pay rights of employees in the 
occupations or job classifications described in paragraph (3) as the 
protections provided for such employees under the regulations in effect 
under such subsection on March 31, 2003.
    ``(3) The occupations or job classifications described in this 
paragraph are as follows:
            ``(A) Any worker paid on an hourly basis.
            ``(B) Blue collar workers.
            ``(C) Any worker provided overtime under a collective 
        bargaining agreement.
            ``(D) Team leaders.
            ``(E) Computer programmers.
            ``(F) Registered nurses.
            ``(G) Licensed practical nurses.
            ``(H) Nurse midwives.
            ``(I) Nursery school teachers.
            ``(J) Oil and gas pipeline workers.
            ``(K) Oil and gas field workers.
            ``(L) Oil and gas platform workers.
            ``(M) Refinery workers.
            ``(N) Steel workers.
            ``(O) Shipyard and ship scrapping workers.
            ``(P) Teachers.
            ``(Q) Technicians.
            ``(R) Journalists.
            ``(S) Chefs.
            ``(T) Cooks.
            ``(U) Police officers.
            ``(V) Firefighters.
            ``(W) Fire sergeants.
            ``(X) Police sergeants.
            ``(Y) Emergency medical technicians.
            ``(Z) Paramedics.
            ``(AA) Waste disposal workers.
            ``(BB) Day care workers.
            ``(CC) Maintenance employees.
            ``(DD) Production line employees.
            ``(EE) Construction employees.
            ``(FF) Carpenters.
            ``(GG) Mechanics.
            ``(HH) Plumbers.
            ``(II) Iron workers.
            ``(JJ) Craftsmen.
            ``(KK) Operating engineers.
            ``(LL) Laborers.
            ``(MM) Painters.
            ``(NN) Cement masons.
            ``(OO) Stone and brick masons.
            ``(PP) Sheet metal workers.
            ``(QQ) Utility workers.
            ``(RR) Longshoremen.
            ``(SS) Stationary engineers.
            ``(TT) Welders.
            ``(UU) Boilermakers.
            ``(VV) Funeral directors.
            ``(WW) Athletic trainers.
            ``(XX) Outside sales employees.
            ``(YY) Inside sales employees.
            ``(ZZ) Grocery store managers.
            ``(AAA) Financial services industry workers.
            ``(BBB) Route drivers.
            ``(CCC) Assistant retail managers.
    ``(4) Any portion of a rule promulgated under subsection (a)(1) 
after March 31, 2003, that modifies the overtime pay provisions of 
section 7 in a manner that is inconsistent with paragraphs (2) and (3) 
shall have no force or effect as it relates to the occupation or job 
classification involved.''.

SEC. 490. PROTECTION OF OVERTIME PAY.

    Section 13 of the Fair Labor Standards Act of 1938 (29 U.S.C. 213) 
is amended by adding at the end the following:
    ``(k) Notwithstanding the provisions of subchapter II of chapter 5 
and chapter 7 of title 5, United States Code (commonly referred to as 
the Administrative Procedures Act) or any other provision of law, any 
portion of the final rule promulgated on April 23, 2004, revising part 
541 of title 29, Code of Federal Regulations, that exempts from the 
overtime pay provisions of section 7 any employee who would not 
otherwise be exempt if the regulations in effect on March 31, 2003 
remained in effect, shall have no force or effect and that portion of 
such regulations (as in effect on March 31, 2003) that would prevent 
such employee from being exempt shall remain in effect. Notwithstanding 
the preceding sentence, the increased salary requirements provided for 
in such final rule at section 541.600 of such title 29, shall remain in 
effect.''.

                    PART V--MISCELLANEOUS PROVISIONS

SEC. 491. ADDITION OF VACCINES AGAINST HEPATITIS A TO LIST OF TAXABLE 
              VACCINES.

    (a) In General.--Section 4132(a)(1) (defining taxable vaccine) is 
amended by redesignating subparagraphs (I), (J), (K), and (L) as 
subparagraphs (J), (K), (L), and (M), respectively, and by inserting 
after subparagraph (H) the following new subparagraph:
                    ``(I) Any vaccine against hepatitis A.''.
    (b) Conforming Amendment.--Section 9510(c)(1)(A) is amended by 
striking ``October 18, 2000'' and inserting ``the date of the enactment 
of the Jumpstart Our Business Strength (JOBS) Act''.
    (c) Effective Date.--
            (1) Sales, etc.--The amendments made by this section shall 
        apply to sales and uses on or after the first day of the first 
        month which begins more than 4 weeks after the date of the 
        enactment of this Act.
            (2) Deliveries.--For purposes of paragraph (1) and section 
        4131 of the Internal Revenue Code of 1986, in the case of sales 
        on or before the effective date described in such paragraph for 
        which delivery is made after such date, the delivery date shall 
        be considered the sale date.

SEC. 492. RECOGNITION OF GAIN FROM THE SALE OF A PRINCIPAL RESIDENCE 
              ACQUIRED IN A LIKE-KIND EXCHANGE WITHIN 5 YEARS OF SALE.

    (a) In General.--Section 121(d) (relating to special rules for 
exclusion of gain from sale of principal residence) is amended by 
adding at the end the following new paragraph:
            ``(10) Property acquired in like-kind exchange.--If a 
        taxpayer acquired property in an exchange to which section 1031 
        applied, subsection (a) shall not apply to the sale or exchange 
        of such property if it occurs during the 5-year period 
        beginning with the date of the acquisition of such property.''.
    (b) Effective Date.--The amendment made by this section shall apply 
to sales or exchanges after the date of the enactment of this Act.

SEC. 493. MODIFICATION OF EXEMPTION FROM TAX FOR SMALL PROPERTY AND 
              CASUALTY INSURANCE COMPANIES.

    (a) Premiums as Percentage of Gross Receipts Increased.--Section 
501(c)(15)(A)(i)(II) is amended by striking ``50 percent'' and 
inserting ``60 percent''.
    (b) Limitation on Net Written Premiums Increased.--Section 
831(b)(2) (relating to companies to which this subsection applies) is 
amended--
            (1) by striking ``$1,200,000'' and inserting 
        ``$1,890,000'', and
            (2) by adding at the end the following new subparagraph:
                    ``(C) Inflation adjustments.--
                            ``(i) In general.--In the case of any 
                        taxable year beginning in a calendar year after 
                        2005, the dollar amount in subparagraph (A)(i) 
                        shall be increased by an amount equal to--
                                    ``(I) such dollar amount, 
                                multiplied by
                                    ``(II) the cost-of-living 
                                adjustment determined under section 
                                1(f)(3) for the calendar year in which 
                                the taxable year begins, by 
                                substituting `calendar year 2004' for 
                                `calendar year 1992' in subparagraph 
                                (B) thereof.
                            ``(ii) Rounding.--If the amount in 
                        subparagraph (A)(i) as increased under clause 
                        (i) is not a multiple of $10,000, such amount 
                        shall be rounded to the nearest multiple of 
                        $10,000.''.
    (c) Effective Date.--
            (1) In general.--Except as provided in paragraph (2), the 
        amendments made by this section shall apply to taxable years 
        beginning after December 31, 2004.
            (2) Transition rule for companies in receivership or 
        liquidation.--In the case of a company or association which--
                    (A) for the taxable year which includes April 1, 
                2004, meets the requirements of section 501(c)(15)(A) 
                of the Internal Revenue Code of 1986, as in effect for 
                the last taxable year beginning before January 1, 2004, 
                and
                    (B) on April 1, 2004, is in a receivership, 
                liquidation, or similar proceeding under the 
                supervision of a State court,
        the amendments made by this section shall apply to taxable 
        years beginning after the earlier of the date such proceeding 
        ends (or, if later, December 31, 2004) or December 31, 2007.

SEC. 494. TREATMENT OF CHARITABLE CONTRIBUTIONS OF PATENTS AND SIMILAR 
              PROPERTY.

    (a) In General.--Section 170(e)(1)(B) (relating to certain 
contributions of ordinary income and capital gain property) is amended 
by striking ``or'' at the end of clause (i), by adding ``or'' at the 
end of clause (ii), and by inserting after clause (ii) the following 
new clause:
                            ``(iii) of any patent, copyright, 
                        trademark, trade name, trade secret, know-how, 
                        software (other than software described in 
                        section 197(e)(3)(A)(i)), or similar property, 
                        or applications or registrations of such 
                        property,''.
    (b) Additional Deduction for Certain Contributions of Patents and 
Similar Property.--Section 170(e) is amended by adding at the end the 
following new paragraph:
            ``(7) Additional deduction for certain contributions of 
        patents and similar property.--
                    ``(A) In general.--In the case of a charitable 
                contribution of any property described in paragraph 
                (1)(B)(iii) (other than copyrights described in section 
                1221(a)(3) or 1231(b)(1)(C) or property contributed to 
                or for the use of an organization described in 
                paragraph (1)(B)(ii)), if--
                            ``(i) the lesser of--
                                    ``(I) 5 percent of the fair market 
                                value of such property (determined at 
                                the time of such contribution), or
                                    ``(II) $1,000,000, exceeds
                            ``(ii) the amount of such contribution as 
                        determined under paragraph (1),
                then the amount of the charitable contribution of such 
                property otherwise taken into account under this 
                section shall equal the amount determined under clause 
                (i).''.
    (c) Certain Donee Income From Intellectual Property Treated as an 
Additional Charitable Contribution.--Section 170 is amended by 
redesignating subsection (m) as subsection (n) and by inserting after 
subsection (l) the following new subsection:
    ``(m) Certain Donee Income From Intellectual Property Treated as an 
Additional Charitable Contribution.--
            ``(1) Treatment as additional contribution.--In the case of 
        a taxpayer who makes a qualified intellectual property 
        contribution, the deduction allowed under subsection (a) for 
        each taxable year of the taxpayer ending on or after the date 
        of such contribution shall be increased (subject to the 
        limitations under subsection (b)) by the applicable percentage 
        of qualified donee income with respect to such contribution 
        which is properly allocable to such year under this subsection.
            ``(2) Qualified donee income.--For purposes of this 
        subsection, the term `qualified donee income' means any net 
        income received by or accrued to the donee which is properly 
        allocable to the qualified intellectual property.
            ``(3) Allocation of qualified donee income to taxable years 
        of donor.--For purposes of this subsection, qualified donee 
        income shall be treated as properly allocable to a taxable year 
        of the donor if such income is received by or accrued to the 
        donee for the taxable year of the donee which ends within or 
        with such taxable year of the donor.
            ``(4) 10-year limitation.--Income shall not be treated as 
        properly allocable to qualified intellectual property for 
        purposes of this subsection if such income is received by or 
        accrued to the donee after the 10-year period beginning on the 
        date of the contribution of such property.
            ``(5) Benefit limited to life of intellectual property.--
        Income shall not be treated as properly allocable to qualified 
        intellectual property for purposes of this subsection if such 
        income is received by or accrued to the donee after the 
        expiration of the legal life of such property.
            ``(6) Applicable percentage.--For purposes of this 
        subsection, the term `applicable percentage' means the 
        percentage determined under the following table which 
        corresponds to a taxable year of the donor ending on or after 
        the date of the qualified intellectual property contribution:

``Taxable Year of Donor Ending On   Applicable Percentage:
        or After Date of 
        Contribution:
    1st or 2d.....................................                 100 
    3rd...........................................                  90 
    4th...........................................                  80 
    5th...........................................                  70 
    6th...........................................                  60 
    7th...........................................                  50 
    8th...........................................                  40 
    9th...........................................                  30 
    10th..........................................                  20 
    11th or 12th..................................                  10.
            ``(7) Qualified intellectual property contribution.--For 
        purposes of this subsection, the term `qualified intellectual 
        property contribution' means any charitable contribution of 
        qualified intellectual property--
                    ``(A) the amount of which taken into account under 
                this section--
                            ``(i) is reduced by reason of subsection 
                        (e)(1), or
                            ``(ii) determined under subsection (e)(7), 
                        and
                    ``(B) with respect to which the donor informs the 
                donee at the time of such contribution that the donor 
                intends to treat such contribution as a qualified 
                intellectual property contribution for purposes of this 
                subsection and section 6050L.
            ``(8) Qualified intellectual property.--For purposes of 
        this subsection, the term `qualified intellectual property' 
        means property described in subsection (e)(1)(B)(iii) (other 
        than copyrights described in section 1221(a)(3) or 
        1231(b)(1)(C) or property contributed to or for the use of an 
        organization described in subsection (e)(1)(B)(ii)).
            ``(9) Other special rules.--
                    ``(A) Application of limitations on charitable 
                contributions.--Any increase under this subsection of 
                the deduction provided under subparagraph (a) shall be 
                treated for purposes of subsection (b) as a deduction 
                which is attributable to a charitable contribution to 
                the donee to which such increase relates.
                    ``(B) Net income determined by donee.--The net 
                income taken into account under paragraph (2) shall not 
                exceed the amount of such income reported under section 
                6050L(b)(1).
                    ``(C) Deduction limited to 12 taxable years.--
                Except as may be provided under subparagraph (D)(i), 
                this subsection shall not apply with respect to any 
                qualified intellectual property contribution for any 
                taxable year of the donor after the 12th taxable year 
                of the donor which ends on or after the date of such 
                contribution.
                    ``(D) Regulations.--The Secretary may issue 
                regulations or other guidance to carry out the purposes 
                of this subsection, including regulations or guidance--
                            ``(i) modifying the application of this 
                        subsection in the case of a donor or donee with 
                        a short taxable year, and
                            ``(ii) providing for the determination of 
                        an amount to be treated as net income of the 
                        donee which is properly allocable to qualified 
                        intellectual property in the case of a donee 
                        who uses such property to further a purpose or 
                        function constituting the basis of the donee's 
                        exemption under section 501 (or, in the case of 
                        a governmental unit, any purpose described in 
                        section 170(c)) and does not possess a right to 
                        receive any payment from a third party with 
                        respect to such property.''.
    (d) Reporting Requirements.--Section 6050L (relating to returns 
relating to certain dispositions of donated property) is amended to 
read as follows:

``SEC. 6050L. RETURNS RELATING TO CERTAIN DONATED PROPERTY.

    ``(a) Dispositions of Donated Property.--
            ``(1) In general.--If the donee of any charitable deduction 
        property sells, exchanges, or otherwise disposes of such 
        property within 2 years after its receipt, the donee shall make 
        a return (in accordance with forms and regulations prescribed 
        by the Secretary) showing--
                    ``(A) the name, address, and TIN of the donor,
                    ``(B) a description of the property,
                    ``(C) the date of the contribution,
                    ``(D) the amount received on the disposition, and
                    ``(E) the date of such disposition.
            ``(2) Definitions.--For purposes of this subsection--
                    ``(A) Charitable deduction property.--The term 
                `charitable deduction property' means any property 
                (other than publicly traded securities) contributed in 
                a contribution for which a deduction was claimed under 
                section 170 if the claimed value of such property (plus 
                the claimed value of all similar items of property 
                donated by the donor to 1 or more donees) exceeds 
                $5,000.
                    ``(B) Publicly traded securities.--The term 
                `publicly traded securities' means securities for which 
                (as of the date of the contribution) market quotations 
                are readily available on an established securities 
                market.
    ``(b) Qualified Intellectual Property Contributions.--
            ``(1) In general.--Each donee with respect to a qualified 
        intellectual property contribution shall make a return (at such 
        time and in such form and manner as the Secretary may by 
        regulations prescribe) with respect to each specified taxable 
        year of the donee showing--
                    ``(A) the name, address, and TIN of the donor,
                    ``(B) a description of the qualified intellectual 
                property contributed,
                    ``(C) the date of the contribution, and
                    ``(D) the amount of net income of the donee for the 
                taxable year which is properly allocable to the 
                qualified intellectual property (determined without 
                regard to paragraph (9)(B) of section 170(m) and with 
                the modifications described in paragraphs (4) and (5) 
                of such section).
            ``(2) Definitions.--For purposes of this subsection--
                    ``(A) In general.--Terms used in this subsection 
                which are also used in section 170(m) have the 
                respective meanings given such terms in such section.
                    ``(B) Specified taxable year.--The term `specified 
                taxable year' means, with respect to any qualified 
                intellectual property contribution, any taxable year of 
                the donee any portion of which is part of the 10-year 
                period beginning on the date of such contribution.
    ``(c) Statement to Be Furnished to Donors.--Every person making a 
return under subsection (a) or (b) shall furnish a copy of such return 
to the donor at such time and in such manner as the Secretary may by 
regulations prescribe.''.
    (e) Processing Fee.--Section 170, as amended by subsection (b), is 
amended by redesignating subsection (n) as subsection (o) and by 
inserting after subsection (m) the following new subsection:
    ``(n) Processing Fee.--In the case of a deduction allowed for any 
taxable year under this section with respect to a charitable 
contribution of any property described in subsection (e)(1)(B)(iii) 
(other than copyrights described in section 1221(a)(3) or 1231(b)(1)(C) 
or property contributed to or for the use of an organization described 
in subsection (e)(1)(B)(ii)), the taxpayer shall include, with the 
taxpayer's return of tax including such deduction, a fee equal to 1 
percent of the amount of such deduction. Such fee shall be credited by 
the Secretary to the operations of the Exempt Organizations unit within 
the Internal Revenue Service.''.
    (f) Modification of Substantial Valuations Misstatement Penalty for 
Charitable Contributions of Property.--
            (1) Substantial misstatements.--Section 6662(e)(1)(A) 
        (relating to substantial valuation misstatements under chapter 
        1) is amended by inserting ``(50 percent or more in the case of 
        a charitable contribution of any property described in section 
        170(e)(1)(B)(iii))'' after ``200 percent or more''.
            (2) Gross misstatements.--Section 6662(h)(2)(A) (defining 
        gross valuation misstatements) is amended by striking clause 
        (ii) and inserting the following new clauses:
                            ``(ii) `100 percent or more' for `50 
                        percent or more',
                            ``(iii) `25 percent or less' for `50 
                        percent or less', and''.
    (g) Anti-Abuse Rules.--The Secretary of the Treasury--
            (1) may prescribe such regulations or other guidance as may 
        be necessary or appropriate to prevent the avoidance of the 
        purposes of paragraphs (1)(B)(iii) and (7) of section 170(e) of 
        the Internal Revenue Code of 1986 (as added by subsections (a) 
        and (b)), including preventing--
                    (A) the circumvention of the reduction of the 
                charitable deduction by embedding or bundling the 
                patent or similar property as part of a charitable 
                contribution of property that includes the patent or 
                similar property,
                    (B) the manipulation of the basis of the property 
                to increase the amount of the charitable deduction 
                through the use of related persons, pass-thru entities, 
                or other intermediaries, or through the use of any 
                provision of law or regulation (including the 
                consolidated return regulations), and
                    (C) a donor from changing the form of the patent or 
                similar property to property of a form for which 
                different deduction rules would apply, and
            (2) shall prescribe guidance on appraisal standards for 
        contributions of property described in section 
        170(e)(1)(B)(iii) of the Internal Revenue Code of 1986 (as 
        added by this section).
    (h) Effective Date.--The amendments made by this section shall 
apply to contributions made after the date of the enactment of this 
Act.

SEC. 495. INCREASE IN AGE OF MINOR CHILDREN WHOSE UNEARNED INCOME IS 
              TAXED AS IF PARENT'S INCOME.

    (a) In General.--Section 1(g)(2)(A) (relating to child to whom 
subsection applies) is amended by striking ``age 14'' and inserting 
``age 18''.
    (b) Effective Date.--The amendment made by this section shall apply 
to taxable years beginning after December 31, 2003.

SEC. 496. HOLDING PERIOD FOR PREFERRED STOCK.

    (a) In General.--Section 1(h)(11)(B)(iii)(I) is amended to read as 
follows:
                                    ``(I) with respect to which the 
                                holding period requirements of section 
                                246(c) are not met, determined by 
                                substituting `60 days' for `45' days 
                                each place it appears, by substituting 
                                `120-day' for `90-day' each place it 
                                appears, and by substituting `120 days' 
                                for `90 days' and `240-day' for `180-
                                day' in paragraph (2).''
    (b) Effective Date.--The amendments made by this section shall 
apply to taxable years beginning after the date of the enactment of 
this Act.

SEC. 497. SUBSTANTIAL PRESENCE TEST REQUIRED TO DETERMINE BONA FIDE 
              RESIDENCE IN UNITED STATES POSSESSIONS.

    (a) Substantial Presence Test.--
            (1) In General.--Subpart D of part III of subchapter N of 
        chapter 1 (relating to possessions of the United States) is 
        amended by adding at the end the following new section:

``SEC. 937. BONA FIDE RESIDENT.

    ``For purposes of this subpart, section 865(g)(3), section 876, 
section 881(b), paragraphs (2) and (3) of section 901(b), section 
957(c), section 3401(a)(8)(C), and section 7654(a), the term `bona fide 
resident' means a person who satisfies a test, determined by the 
Secretary, similar to the substantial presence test under section 
7701(b)(3) with respect to Guam, American Samoa, the Northern Mariana 
Islands, Puerto Rico, or the Virgin Islands, as the case may be.''.
            (2) Conforming amendments.--
                    (A) The following provisions are amended by 
                striking ``during the entire taxable year'' and 
                inserting ``for the taxable year'':
                            (i) Paragraph (3) of section 865(g).
                            (ii) Subsection (a) of section 876(a).
                            (iii) Paragraphs (2) and (3) of section 
                        901(b).
                            (iv) Subsection (a) of section 931.
                            (v) Paragraphs (1) and (2) of section 933.
                    (B) Section 931(d) is amended by striking paragraph 
                (3).
                    (C) Section 932 is amended by striking ``at the 
                close of the taxable year'' and inserting ``for the 
                taxable year'' each place it appears.
            (3) Clerical amendment.--The table of sections of subpart D 
        of part III of subchapter N of chapter 1 is amended by adding 
        at the end the following new item:

                              ``Sec. 937. Bona fide resident.''.
    (b) Reporting Requirements for Bona Fide Residents of the Virgin 
Islands.--Paragraph (2) of section 932(c) (relating to treatment of 
Virgin Islands residents) is amended to read as follows:
            ``(2) Filing requirements.--
                    ``(A) In general.--Notwithstanding paragraph (4), 
                each individual to whom this subsection applies for the 
                taxable year shall file an income tax return for the 
                taxable year with--
                            ``(i) the Virgin Islands, and
                            ``(ii) the United States.
                    ``(B) Filing fee.--The Secretary shall charge a 
                processing fee with respect to the return filed under 
                subparagraph (A)(ii) of an amount appropriate to cover 
                the administrative costs of the requirements of 
                subparagraph (A)(ii) and the enforcement of the 
                purposes of subparagraph (A)(ii).''.
    (c) Penalties.--
            (1) In general.--Part I of subchapter B of chapter 68 is 
        amended by adding at the end the following new section:

``SEC. 6717. FAILURE OF VIRGIN ISLANDS RESIDENTS TO FILE RETURNS WITH 
              THE UNITED STATES.

    ``(a) Penalty Authorized.--The Secretary may impose a civil money 
penalty on any person who violates, or causes any violation of, the 
requirements of section 932(c)(2)(A)(ii).
    ``(b) Amount of Penalty.--
            ``(1) In general.--Except as provided in subsection (c), 
        the amount of any civil penalty imposed under subsection (a) 
        shall not exceed $5,000.
            ``(2) Reasonable cause exception.--No penalty shall be 
        imposed under subsection (a) with respect to any violation if 
        such violation was due to reasonable cause and the taxpayer 
        acted in good faith.
    ``(c) Willful Violations.--In the case of any person willfully 
violating, or willfully causing any violation of, any requirement of 
section 932(c)(2)(A)(ii)--
            ``(1) the maximum penalty under subsection (b)(1) shall be 
        increased to $25,000 and
            ``(2) subsection (b)(2) shall not apply.''.
            (2) Clerical amendment.--The table of sections for Part I 
        of subchapter B of chapter 68 is amended by adding at the end 
        the following new item:

                              ``Sec. 6717. Failure of Virgin Islands 
                                        residents to file returns with 
                                        the United States.''.
    (d) Effective Date.--The amendments made by this section shall 
apply to taxable years ending after the date of the enactment of this 
Act.

   TITLE V--PROTECTION OF UNITED STATES WORKERS FROM COMPETITION OF 
                           FOREIGN WORKFORCES

SEC. 501. LIMITATIONS ON OFF-SHORE PERFORMANCE OF CONTRACTS.

    (a) Limitations.--
            (1) In general.--The Office of Federal Procurement Policy 
        Act (41 U.S.C. 403 et seq.) is amended by adding at the end the 
        following new section:

``SEC. 42. LIMITATIONS ON OFF-SHORE PERFORMANCE OF CONTRACTS.

    ``(a) Conversions to Contractor Performance of Federal 
Activities.--An activity or function of an executive agency that is 
converted to contractor performance under Office of Management and 
Budget Circular A-76 may not be performed by the contractor or any 
subcontractor at a location outside the United States except to the 
extent that such activity or function was previously performed by 
Federal Government employees outside the United States.
    ``(b) Other Federal Contracts.--(1) A contract that is entered into 
by the head of an executive agency may not be performed outside the 
United States except to meet a requirement of the executive agency for 
the contract to be performed specifically at a location outside the 
United States.
    ``(2) The prohibition in paragraph (1) does not apply in the case 
of a contract of an executive agency if--
            ``(A) the President determines in writing that it is 
        necessary in the national security interests of the United 
        States for the contract to be performed outside the United 
        States; or
            ``(B) the head of such executive agency makes a 
        determination and reports such determination on a timely basis 
        to the Director of the Office of Management and Budget that--
                    ``(i) the property or services needed by the 
                executive agency are available only by means of 
                performance of the contract outside the United States; 
                and
                    ``(ii) no property or services available by means 
                of performance of the contract inside the United States 
                would satisfy the executive agency's need.
    ``(3) Paragraph (1) does not apply to the performance of a contract 
outside the United States under the exception provided in subsection 
(a).
    ``(c) State Contracts.--(1) Except as provided in paragraph (2), 
funds appropriated for financial assistance for a State may not be 
disbursed to or for such State during a fiscal year unless the chief 
executive of that State has transmitted to the Administrator for 
Federal Procurement Policy, not later than April 1 of the preceding 
fiscal year, a written certification that none of such funds will be 
expended for the performance outside the United States of contracts 
entered into by such State.
    ``(2) The prohibition on disbursement of funds to or for a State 
under paragraph (1) does not apply with respect to the performance of a 
State contract outside the United States if--
            ``(A) the chief executive of such State--
                    ``(i) determines that the property or services 
                needed by the State are available only by means of 
                performance of the contract outside the United States 
                and no property or services available by means of 
                performance of the contract inside the United States 
                would satisfy the State's need; and
                    ``(ii) transmits a notification of such 
                determination to the head of the executive agency of 
                the United States that administers the authority under 
                which such funds are disbursed to or for the State; and
            ``(B) the head of the executive agency receiving the 
        notification of such determination--
                    ``(i) confirms that the facts warrant the 
                determination;
                    ``(ii) approves the determination; and
                    ``(iii) transmits a notification of the approval of 
                the determination to the Director of the Office of 
                Management and Budget.
    ``(3) In this subsection, the term `State' means each of the 
several States of the United States, the District of Columbia, the 
Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana 
Islands, the Virgin Islands, Guam, American Samoa, and the Trust 
Territory of the Pacific Islands.
    ``(d) Subsections (b) and (c) shall not apply to procurement 
covered by the World Trade Organization Government Procurement 
Agreement.
    ``(e) National Security Exemption.--Subsection (b) shall not apply 
to any procurement for national security purposes entered into by--
            ``(1) the Department of Defense or any agency or entity 
        thereof;
            ``(2) the Department of the Army, the Department of the 
        Navy, the Department of the Air Force, or any agency or entity 
        of any of the military departments;
            ``(3) the Department of Homeland Security;
            ``(4) the Department of Energy or any agency or entity 
        thereof, with respect to the national security programs of that 
        Department; or
            ``(5) any element of the intelligence community.
    ``(f) Responsibilities of OMB.--The Director of the Office of 
Management and Budget shall--
            ``(1) maintain--
                    ``(A) the waivers granted under subsection (b)(2), 
                together with the determinations and certifications on 
                which such waivers were based; and
                    ``(B) the notifications received under subsection 
                (c)(2)(B)(iii); and
            ``(2) submit to Congress promptly after the end of each 
        quarter of each fiscal year a report that sets forth--
                    ``(A) the waivers that were granted under 
                subsection (b)(2) during such quarter; and
                    ``(B) the notifications that were received under 
                subsection (c)(2)(B)(iii) during such quarter.
    ``(g) Annual GAO Review.--The Comptroller General shall--
            ``(1) review, each fiscal year, the waivers granted during 
        such fiscal year under subsection (b)(2) and the disbursements 
        of funds authorized pursuant to the exceptions in subsections 
        (c)(2) and (e); and
            ``(2) promptly after the end of such fiscal year, transmit 
        to Congress a report containing a list of the contracts covered 
        by such waivers and exception together with a brief description 
        of the performance of each such contract to the maximum extent 
        feasible outside the United States.''.
            (2) Clerical amendment.--The table of sections in section 
        1(b) of such Act is amended by adding at the end the following 
        new item:

``Sec. 42. Limitations on off-shore performance of contracts.''.
    (b) Inapplicability to States During First Two Fiscal Years.--
Section 42(c) of the Office of Federal Procurement Policy Act (as added 
by subsection (a)) shall not apply to disbursements of funds to a State 
during the fiscal year in which this Act is enacted and the next fiscal 
year.

SEC. 502. REPEAL OF SUPERSEDED LAW.

    Section 647 of the Transportation, Treasury, and Independent 
Agencies Appropriations Act, 2004 (division F of Public Law 108-199) is 
amended by striking subsection (e).

SEC. 503. EFFECTIVE DATE AND APPLICABILITY.

    (a) In General.--This title and the amendments made by this title 
shall take effect 30 days after the Secretary of Commerce certifies 
that the amendments made by this title will not result in the loss of 
more jobs than it will protect and will not cause harm to the United 
States economy. The initial certification shall be made by the 
Secretary of Commerce no later than 90 days after the enactment of this 
Act. Such certification must be renewed on or before January 1 of each 
year in order for the amendments made by this title to be in effect for 
that year.
    (b) Consistency With International Agreements.--The provisions of 
this title shall not apply to the extent that they may be inconsistent 
with obligations under international agreements. Within 90 days of this 
legislation, the Office of Management and Budget, in consultation with 
the Office of the United States Trade Representative, shall develop 
guidelines for the implementation of this provision.

                       TITLE VI--OTHER PROVISIONS

               Subtitle A--Provisions Relating to Housing

SEC. 601. TREATMENT OF QUALIFIED MORTGAGE BONDS.

    (a) Year Holiday.--Section 143(a)(2)(A)(iv) of the Internal Revenue 
Code of 1986 shall not apply to amounts received during the 1-year 
period beginning on the date of the enactment of this Act with respect 
to any bond outstanding on such date.
    (b) Repeal of Required Use of Certain Principal Repayments on 
Mortgage Subsidy Bond Financings To Redeem Bonds.--
            (1) In general.--Subparagraph (A) of section 143(a)(2) 
        (defining qualified mortgage issue) is amended by adding 
        ``and'' at the end of clause (ii), by striking ``, and'' at the 
        end of clause (iii) and inserting a period, and by striking 
        clause (iv) and the last sentence.
            (2) Conforming amendment.--Clause (ii) of section 
        143(a)(2)(D) is amended by striking ``(and clause (iv) of 
        subparagraph (A))''.
            (3) Effective date.--The amendments made by this subsection 
        shall apply to bonds originally issued after the date of the 
        enactment of this Act.

SEC. 602. PREMIUMS FOR MORTGAGE INSURANCE.

    (a) In General.--Paragraph (3) of section 163(h) (relating to 
qualified residence interest) is amended by adding after subparagraph 
(D) the following new subparagraph:
                    ``(E) Mortgage insurance premiums treated as 
                interest.--
                            ``(i) In general.--Premiums paid or accrued 
                        for qualified mortgage insurance by a taxpayer 
                        during the taxable year in connection with 
                        acquisition indebtedness with respect to a 
                        qualified residence of the taxpayer shall be 
                        treated for purposes of this subsection as 
                        qualified residence interest.
                            ``(ii) Phaseout.--The amount otherwise 
                        allowable as a deduction under clause (i) shall 
                        be reduced (but not below zero) by 10 percent 
                        of such amount for each $1,000 ($500 in the 
                        case of a married individual filing a separate 
                        return) (or fraction thereof) that the 
                        taxpayer's adjusted gross income for the 
                        taxable year exceeds $100,000 ($50,000 in the 
                        case of a married individual filing a separate 
                        return).''.
    (b) Definition and Special Rules.--Paragraph (4) of section 163(h) 
(relating to other definitions and special rules) is amended by adding 
at the end the following new subparagraphs:
                    ``(E) Qualified mortgage insurance.--The term 
                `qualified mortgage insurance' means--
                            ``(i) the Home Loan Guaranty Program of the 
                        Department of Veterans Affairs, and mortgage 
                        insurance provided by the Federal Housing 
                        Administration or the Rural Housing 
                        Administration, and
                            ``(ii) private mortgage insurance (as 
                        defined by section 2 of the Homeowners 
                        Protection Act of 1998 (12 U.S.C. 4901), as in 
                        effect on the date of the enactment of this 
                        subparagraph).
                    ``(F) Special rules for prepaid qualified mortgage 
                insurance.--Any amount paid by the taxpayer for 
                qualified mortgage insurance that is properly allocable 
                to any mortgage the payment of which extends to periods 
                that are after the close of the taxable year in which 
                such amount is paid shall be chargeable to capital 
                account and shall be treated as paid in such periods to 
                which so allocated. No deduction shall be allowed for 
                the unamortized balance of such account if such 
                mortgage is satisfied before the end of its term. The 
                preceding sentences shall not apply to amounts paid for 
                qualified mortgage insurance provided by the Department 
                of Veterans Affairs or the Rural Housing 
                Administration.''.
    (c) Information Returns Relating to Mortgage Insurance.--Section 
6050H (relating to returns relating to mortgage interest received in 
trade or business from individuals) is amended by adding at the end the 
following new subsection:
    ``(h) Returns Relating to Mortgage Insurance Premiums.--
            ``(1) In general.--The Secretary may prescribe, by 
        regulations, that any person who, in the course of a trade or 
        business, receives from any individual premiums for mortgage 
        insurance aggregating $600 or more for any calendar year, shall 
        make a return with respect to each such individual. Such return 
        shall be in such form, shall be made at such time, and shall 
        contain such information as the Secretary may prescribe.
            ``(2) Statement to be furnished to individuals with respect 
        to whom information is required.--Every person required to make 
        a return under paragraph (1) shall furnish to each individual 
        with respect to whom a return is made a written statement 
        showing such information as the Secretary may prescribe. Such 
        written statement shall be furnished on or before January 31 of 
        the year following the calendar year for which the return under 
        paragraph (1) was required to be made.
            ``(3) Special rules.--For purposes of this subsection--
                    ``(A) rules similar to the rules of subsection (c) 
                shall apply, and
                    ``(B) the term `mortgage insurance' means--
                            ``(i) the Home Loan Guaranty Program of the 
                        Department of Veterans Affairs, and mortgage 
                        insurance provided by the Federal Housing 
                        Administration or the Rural Housing 
                        Administration, and
                            ``(ii) private mortgage insurance (as 
                        defined by section 2 of the Homeowners 
                        Protection Act of 1998 (12 U.S.C. 4901), as in 
                        effect on the date of the enactment of this 
                        subparagraph).''.
    (d) Effective Date.--The amendments made by this section shall 
apply to amounts paid or accrued in taxable years beginning after 
December 31, 2004, and ending before January 1, 2006.

SEC. 603. INCREASE IN HISTORIC REHABILITATION CREDIT FOR CERTAIN LOW-
              INCOME HOUSING FOR THE ELDERLY.

    (a) In General.--Section 47 (relating to rehabilitation credit) is 
amended by adding at the end the following new subsection:
    ``(e) Special Rule Regarding Certain Historic Structures.--In the 
case of any qualified rehabilitation expenditure with respect to any 
certified historic structure--
            ``(1) which is placed in service after the date of the 
        enactment of this subsection,
            ``(2) which is part of a qualified low-income building with 
        respect to which a credit under section 42 is allowed, and
            ``(3) substantially all of the residential rental units of 
        which are used for tenants who have attained the age of 65,
subsection (a)(2) shall be applied by substituting `25 percent' for `20 
percent'.''.
    (b) Application of MACRS.--The Internal Revenue Code of 1986 shall 
be applied and administered as if paragraph (4)(X) of section 251(d) of 
the Tax Reform Act of 1986 as applied to the amendments made by section 
201 of such Act had not been enacted with respect to any property 
described in such paragraph and placed in service after the date of the 
enactment of this Act.
    (c) Effective Date.--The amendment made by subsection (a) shall 
apply to property placed in service after the date of the enactment of 
this Act.

                Subtitle B--Provisions Relating to Bonds

SEC. 611. EXPANSION OF NEW YORK LIBERTY ZONE TAX BENEFITS.

    (a) Additional Extension of Tax-Exempt Bond Financing.--Section 
1400L(d)(2)(D), as amended by this Act, is amended by striking ``2006'' 
and inserting ``2010''.
    (b) Extension of Advance Refundings.--Section 1400L(e)(1) is 
amended by striking ``2005'' and inserting ``2006''.

SEC. 612. MODIFICATIONS OF TREATMENT OF QUALIFIED ZONE ACADEMY BONDS.

    (a) Proceeds of Bonds May Be Used for Construction and Land 
Acquisition.--Paragraph (5) of section 1397E(d) (defining qualified 
purpose) is amended--
            (1) by striking ``rehabilitating or repairing'' in 
        subparagraph (A) and inserting ``constructing, rehabilitating, 
        or repairing'', and
            (2) by redesignating subparagraphs (B), (C), and (D) as 
        subparagraphs (C), (D), and (E), respectively, and by inserting 
        after subparagraph (A) the following:
                    ``(B) acquiring the land on which the facility is 
                to be constructed,''.
    (b) Effective Date.--The amendments made by this section shall 
apply to obligations issued after December 31, 2003.

SEC. 613. MODIFICATIONS OF AUTHORITY OF INDIAN TRIBAL GOVERNMENTS TO 
              ISSUE TAX-EXEMPT BONDS.

    (a) In General.--Paragraph (1) of section 7871(c) (relating to 
Indian tribal governments treated as States for certain purposes) is 
amended to read as follows:
            ``(1) In general.--Subsection (a) of section 103 shall 
        apply to any obligation issued by an Indian tribal government 
        (or subdivision thereof) only if--
                    ``(A) such obligation--
                            ``(i) is part of an issue 95 percent or 
                        more of the net proceeds of which are to be 
                        used to finance any facility located on an 
                        Indian reservation, and
                            ``(ii) is issued before January 1, 2006, or
                    ``(B) such obligation is part of an issue 
                substantially all of the proceeds of which are to be 
                used in the exercise of any essential governmental 
                function.''.
    (b) Special Rules and Definitions.--Subsection (c) of section 7871 
is amended by inserting at the end the following new paragraph:
            ``(4) Special rules and definitions.--
                    ``(A) Exclusion of gaming.--An obligation described 
                in subparagraph (A) or (B) of paragraph (1) may not be 
                used to finance any portion of a building in which 
                class II or III gaming (as defined in section 4 of the 
                Indian Gaming Regulatory Act (25 U.S.C. 2702)) is 
                conducted or housed.
                    ``(B) Indian reservation.--For purposes of 
                paragraph (1), the term `Indian reservation' means--
                            ``(i) a reservation, as defined in section 
                        4(10) of the Indian Child Welfare Act of 1978 
                        (25 U.S.C. 1903(10)), and
                            ``(ii) lands held under the provisions of 
                        the Alaska Native Claims Settlement Act (43 
                        U.S.C. 1601 et seq.) by a Native corporation as 
                        defined in section 3(m) of such Act (43 U.S.C. 
                        1602(m)).''.
    (c) Effective Date.--The amendments made by this section shall 
apply to obligations issued after the date of the enactment of this 
Act.

SEC. 614. DEFINITION OF MANUFACTURING FACILITY FOR SMALL ISSUE BONDS.

    (a) In General.--Section 144(a)(12) (relating to termination dates) 
is amended by striking subparagraph (C) and inserting the following new 
subparagraphs:
                    ``(C) Manufacturing facility.--For purposes of this 
                paragraph, the term `manufacturing facility' means any 
                facility which is used in--
                            ``(i) the manufacture of tangible personal 
                        property (including processing which results in 
                        a change in the condition of such property),
                            ``(ii) the manufacture or development of 
                        any software product or process if--
                                    ``(I) it takes more than 6 months 
                                to manufacture or develop such product,
                                    ``(II) the manufacture or 
                                development could not with due 
                                diligence be reasonably expected to 
                                occur in less than 6 months, and
                                    ``(III) the software product or 
                                process comprises programs, routines, 
                                and attendant documentation developed 
                                and maintained for use in computer and 
                                telecommunications technology, or
                            ``(iii) the manufacture or development of 
                        any biobased product or bioenergy if--
                                    ``(I) it takes more than 6 months 
                                to manufacture or develop, and
                                    ``(II) the manufacture or 
                                development could not with due 
                                diligence be reasonably expected to 
                                occur in less than 6 months.
                    ``(D) Related facilities.--For purposes of 
                subparagraph (C), the term `manufacturing facility' 
                includes a facility which is directly and functionally 
                related to a manufacturing facility (determined without 
                regard to subparagraph (C)) if--
                            ``(i) such facility, including an office 
                        facility and a research and development 
                        facility, is located on the same site as the 
                        manufacturing facility, and
                            ``(ii) not more than 40 percent of the net 
                        proceeds of the issue are used to provide such 
                        facility.
                    ``(E) Other definitions.--For purposes of 
                subparagraph (C)(iii)--
                            ``(i) Biobased product.--The term `biobased 
                        product' means a commercial or industrial 
                        product (other than food or feed) which 
                        utilizes biological products or renewable 
                        domestic agricultural (plant, animal, and 
                        marine) or forestry materials.
                            ``(ii) Bioenergy.--The term `bioenergy' 
                        means biomass used in the production of energy, 
                        including liquid, solid, or gaseous fuels, 
                        electricity, and heat.''.
    (b) Effective Date.--The amendment made by this section shall apply 
to obligations issued after the date of the enactment of this Act.

SEC. 615. CONSERVATION BONDS.

    (a) Tax-Exempt Bond Financing.--
            (1) In general.--For purposes of the Internal Revenue Code 
        of 1986, any qualified forest conservation bond shall be 
        treated as an exempt facility bond under section 142 of such 
        Code.
            (2) Qualified forest conservation bond.--For purposes of 
        this section, the term ``qualified forest conservation bond'' 
        means any bond issued as part of an issue if--
                    (A) 95 percent or more of the net proceeds (as 
                defined in section 150(a)(3) of such Code) of such 
                issue are to be used for qualified project costs,
                    (B) such bond is issued for a qualified 
                organization, and
                    (C) such bond is issued before December 31, 2006.
            (3) Limitation on aggregate amount issued.--
                    (A) In general.--The maximum aggregate face amount 
                of bonds which may be issued under this subsection 
                shall not exceed $1,500,000,000 for all projects 
                (excluding refunding bonds).
                    (B) Allocation of limitation.--The limitation 
                described in subparagraph (A) shall be allocated by the 
                Secretary of the Treasury among qualified organizations 
                based on criteria established by the Secretary not 
                later than 180 days after the date of the enactment of 
                this section, after consultation with the Chief of the 
                Forest Service.
            (4) Qualified project costs.--For purposes of this 
        subsection, the term ``qualified project costs'' means the sum 
        of--
                    (A) the cost of acquisition by the qualified 
                organization from an unrelated person of forests and 
                forest land which at the time of acquisition or 
                immediately thereafter are subject to a conservation 
                restriction described in subsection (c)(2),
                    (B) capitalized interest on the qualified forest 
                conservation bonds for the 3-year period beginning on 
                the date of issuance of such bonds, and
                    (C) credit enhancement fees which constitute 
                qualified guarantee fees (within the meaning of section 
                148 of such Code).
            (5) Special rules.--In applying the Internal Revenue Code 
        of 1986 to any qualified forest conservation bond, the 
        following modifications shall apply:
                    (A) Section 146 of such Code (relating to volume 
                cap) shall not apply.
                    (B) For purposes of section 147(b) of such Code 
                (relating to maturity may not exceed 120 percent of 
                economic life), the land and standing timber acquired 
                with proceeds of qualified forest conservation bonds 
                shall have an economic life of 35 years.
                    (C) Subsections (c) and (d) of section 147 of such 
                Code (relating to limitations on acquisition of land 
                and existing property) shall not apply.
                    (D) Section 57(a)(5) of such Code (relating to tax-
                exempt interest) shall not apply to interest on 
                qualified forest conservation bonds.
            (6) Treatment of current refunding bonds.--Paragraphs 
        (2)(C) and (3) shall not apply to any bond (or series of bonds) 
        issued to refund a qualified forest conservation bond issued 
        before December 31, 2006, 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) of such 
        Code.
            (7) Effective date.--This subsection shall apply to 
        obligations issued on or after the date which is 180 days after 
        the enactment of this Act.
    (b) Items From Qualified Harvesting Activities Not Subject to Tax 
or Taken Into Account.--
            (1) In general.--Income, gains, deductions, losses, or 
        credits from a qualified harvesting activity conducted by a 
        qualified organization shall not be subject to tax or taken 
        into account under subtitle A of the Internal Revenue Code of 
        1986.
            (2) Limitation.--The amount of income excluded from gross 
        income under paragraph (1) for any taxable year shall not 
        exceed the amount used by the qualified organization to make 
        debt service payments during such taxable year for qualified 
        forest conservation bonds.
            (3) Qualified harvesting activity.--For purposes of 
        paragraph (1)--
                    (A) In general.--The term ``qualified harvesting 
                activity'' means the sale, lease, or harvesting, of 
                standing timber--
                            (i) on land owned by a qualified 
                        organization which was acquired with proceeds 
                        of qualified forest conservation bonds,
                            (ii) with respect to which a written 
                        acknowledgement has been obtained by the 
                        qualified organization from the State or local 
                        governments with jurisdiction over such land 
                        that the acquisition lessens the burdens of 
                        such government with respect to such land, and
                            (iii) pursuant to a qualified conservation 
                        plan adopted by the qualified organization.
                    (B) Exceptions.--
                            (i) Cessation as qualified organization.--
                        The term ``qualified harvesting activity'' 
                        shall not include any sale, lease, or 
                        harvesting for any period during which the 
                        organization ceases to qualify as a qualified 
                        organization.
                            (ii) Exceeding limits on harvesting.--The 
                        term ``qualified harvesting activity'' shall 
                        not include any sale, lease, or harvesting of 
                        standing timber on land acquired with proceeds 
                        of qualified forest conservation bonds to the 
                        extent that--
                                    (I) the average annual area of 
                                timber harvested from such land exceeds 
                                2.5 percent of the total area of such 
                                land or,
                                    (II) the quantity of timber removed 
                                from such land exceeds the quantity 
                                which can be removed from such land 
                                annually in perpetuity on a sustained-
                                yield basis with respect to such land.
                        The limitations under subclauses (I) and (II) 
                        shall not apply to post-fire restoration and 
                        rehabilitation or sanitation harvesting of 
                        timber stands which are substantially damaged 
                        by fire, windthrow, or other catastrophes, or 
                        which are in imminent danger from insect or 
                        disease attack.
            (4) Termination.--This subsection shall not apply to any 
        qualified harvesting activity of a qualified organization 
        occurring after the date on which there is no outstanding 
        qualified forest conservation bond with respect to such 
        qualified organization or any such bond ceases to be a tax-
        exempt bond.
            (5) Partial recapture of benefits if harvesting limit 
        exceeded.--If, as of the date that this subsection ceases to 
        apply under paragraph (3), the average annual area of timber 
        harvested from the land exceeds the requirement of paragraph 
        (3)(B)(ii)(I), the tax imposed by chapter 1 of the Internal 
        Revenue Code of 1986 shall be increased, under rules prescribed 
        by the Secretary of the Treasury, by the sum of the tax 
        benefits attributable to such excess and interest at the 
        underpayment rate under section 6621 of such Code for the 
        period of the underpayment.
    (c) Definitions.--For purposes of this section--
            (1) Qualified conservation plan.--The term ``qualified 
        conservation plan'' means a multiple land use program or plan 
        which--
                    (A) is designed and administered primarily for the 
                purposes of protecting and enhancing wildlife and fish, 
                timber, scenic attributes, recreation, and soil and 
                water quality of the forest and forest land,
                    (B) mandates that conservation of forest and forest 
                land is the single-most significant use of the forest 
                and forest land, and
                    (C) requires that timber harvesting be consistent 
                with--
                            (i) restoring and maintaining reference 
                        conditions for the region's ecotype,
                            (ii) restoring and maintaining a 
                        representative sample of young, mid, and late 
                        successional forest age classes,
                            (iii) maintaining or restoring the 
                        resources' ecological health for purposes of 
                        preventing damage from fire, insect, or 
                        disease,
                            (iv) maintaining or enhancing wildlife or 
                        fish habitat, or
                            (v) enhancing research opportunities in 
                        sustainable renewable resource uses.
            (2) Conservation restriction.--The conservation restriction 
        described in this paragraph is a restriction which--
                    (A) is granted in perpetuity to an unrelated person 
                which is described in section 170(h)(3) of such Code 
                and which, in the case of a nongovernmental unit, is 
                organized and operated for conservation purposes,
                    (B) meets the requirements of clause (ii) or 
                (iii)(II) of section 170(h)(4)(A) of such Code,
                    (C) obligates the qualified organization to pay the 
                costs incurred by the holder of the conservation 
                restriction in monitoring compliance with such 
                restriction, and
                    (D) requires an increasing level of conservation 
                benefits to be provided whenever circumstances allow 
                it.
            (3) Qualified organization.--The term ``qualified 
        organization'' means an organization--
                    (A) which is a nonprofit organization substantially 
                all the activities of which are charitable, scientific, 
                or educational, including acquiring, protecting, 
                restoring, managing, and developing forest lands and 
                other renewable resources for the long-term charitable, 
                educational, scientific and public benefit,
                    (B) more than half of the value of the property of 
                which consists of forests and forest land acquired with 
                the proceeds from qualified forest conservation bonds,
                    (C) which periodically conducts educational 
                programs designed to inform the public of 
                environmentally sensitive forestry management and 
                conservation techniques,
                    (D) which has at all times a board of directors--
                            (i) at least 20 percent of the members of 
                        which represent the holders of the conservation 
                        restriction described in paragraph (2),
                            (ii) at least 20 percent of the members of 
                        which are public officials, and
                            (iii) not more than one-third of the 
                        members of which are individuals who are or 
                        were at any time within 5 years before the 
                        beginning of a term of membership on the board, 
                        an employee of, independent contractor with 
                        respect to, officer of, director of, or held a 
                        material financial interest in, a commercial 
                        forest products enterprise with which the 
                        qualified organization has a contractual or 
                        other financial arrangement,
                    (E) the bylaws of which require at least two-thirds 
                of the members of the board of directors to vote 
                affirmatively to approve the qualified conservation 
                plan and any change thereto, and
                    (F) upon dissolution, is required to dedicate its 
                assets to--
                            (i) an organization described in section 
                        501(c)(3) of such Code which is organized and 
                        operated for conservation purposes, or
                            (ii) a governmental unit described in 
                        section 170(c)(1) of such Code.
            (4) Unrelated person.--The term ``unrelated person'' means 
        a person who is not a related person.
            (5) Related person.--A person shall be treated as related 
        to another person if--
                    (A) such person bears a relationship to such other 
                person described in section 267(b) (determined without 
                regard to paragraph (9) thereof), or 707(b)(1), of such 
                Code, determined by substituting ``25 percent'' for 
                ``50 percent'' each place it appears therein, and
                    (B) in the case such other person is a non-profit 
                organization, if such person controls directly or 
                indirectly more than 25 percent of the governing body 
                of such organization.

SEC. 616. INDIAN SCHOOL CONSTRUCTION.

    (a) Definitions.--In this section:
            (1) Bureau.--The term ``Bureau'' means the Bureau of Indian 
        Affairs of the Department.
            (2) Department.--The term ``Department'' means the 
        Department of the Interior.
            (3) Escrow account.--The term ``escrow account'' means the 
        tribal school modernization escrow account established under 
        subsection (b)(6)(B)(i).
            (4) Indian.--The term ``Indian'' means any individual who 
        is a member of an Indian tribe.
            (5) Indian tribe.--
                    (A) In general.--The term ``Indian tribe'' has the 
                meaning given the term ``Indian tribal government'' by 
                section 7701(a)(40) of the Internal Revenue Code of 
                1986 (including the application of section 7871(d) of 
                that Code).
                    (B) Inclusion.--The term ``Indian tribe'' includes 
                a consortium of Indian tribes approved by the 
                Secretary.
            (6) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (7) Tribal school.--The term ``tribal school'' means an 
        elementary school, secondary school, or dormitory that--
                    (A) is operated by a tribal organization or the 
                Bureau for the education of Indian children; and
                    (B) under a contract, a grant, or an agreement, or 
                for a Bureau-operated school, receives financial 
                assistance to pay the costs of operation from funds 
                made available under--
                            (i) section 102, 103(a), or 208 of the 
                        Indian Self-Determination and Education 
                        Assistance Act (25 U.S.C. 450f, 450h(a), 458d); 
                        or
                            (ii) the Tribally Controlled Schools Act of 
                        1988 (25 U.S.C. 2501 et seq.).
    (b) Issuance of Bonds.--
            (1) In general.--The Secretary shall establish a pilot 
        program under which eligible Indian tribes may issue qualified 
        tribal school modernization bonds to provide funding for the 
        construction, rehabilitation, or repair of tribal schools 
        (including the advance planning and design of tribal schools).
            (2) Eligibility.--
                    (A) In general.--To be eligible to issue any 
                qualified tribal school modernization bond under the 
                program under paragraph (1), an Indian tribe shall--
                            (i) prepare and submit to the Secretary a 
                        plan of construction that meets the 
                        requirements of subparagraph (B);
                            (ii) provide for quarterly and final 
                        inspection of the project by the Bureau; and
                            (iii) pledge that the facilities financed 
                        by the bond will be used primarily for 
                        elementary and secondary educational purposes 
                        for not less than the period during which the 
                        bond remains outstanding.
                    (B) Plan of construction.--A plan of construction 
                referred to in subparagraph (A)(i) meets the 
                requirements of this subparagraph if the plan--
                            (i) contains a description of the 
                        construction to be carried out with funding 
                        provided under a qualified tribal school 
                        modernization bond;
                            (ii) demonstrates that a comprehensive 
                        survey has been completed to determine the 
                        construction needs of the tribal school 
                        involved;
                            (iii) contains assurances that funding 
                        under the bond will be used only for the 
                        activities described in the plan;
                            (iv) contains a response to the evaluation 
                        criteria contained in Instructions and 
                        Application for Replacement School 
                        Construction, Revision 6, dated February 6, 
                        1999; and
                            (v) contains any other reasonable and 
                        related information determined to be 
                        appropriate by the Secretary.
                    (C) Priority.--In determining whether an Indian 
                tribe is eligible to participate in the program under 
                this subsection, the Secretary shall give priority to 
                an Indian tribe that, as demonstrated by the relevant 
                plans of construction, will fund projects--
                            (i) described in the Education Facilities 
                        Replacement Construction Priorities List, as of 
                        fiscal year 2000, of the Bureau (65 Fed. Reg. 
                        4623);
                            (ii) described in any subsequent priorities 
                        list published in the Federal Register; or
                            (iii) that meet the criteria for ranking 
                        schools as described in Instructions and 
                        Application for Replacement School 
                        Construction, Revision 6, dated February 6, 
                        1999.
                    (D) Advance planning and design funding.--
                            (i) In general.--An Indian tribe may 
                        propose in the plan of construction of the 
                        Indian tribe to receive advance planning and 
                        design funding from the escrow account.
                            (ii) Conditions on allocation of funds.--As 
                        a condition to the allocation to an Indian 
                        tribe of advance planning and design funds from 
                        the escrow account under clause (i), the Indian 
                        tribe shall agree--
                                    (I) to issue qualified tribal 
                                school modernization bonds after the 
                                date of receipt of the funds; and
                                    (II) as a condition of each bond 
                                issuance, that the Indian tribe will 
                                deposit into the escrow account, or a 
                                fund managed by the trustee as 
                                described in paragraph (4)(C), an 
                                amount equal to the amount of funds 
                                received from the escrow account.
            (3) Permissible activities.--In addition to the use of 
        funds permitted under paragraph (1), an Indian tribe may use 
        amounts received through the issuance of a qualified tribal 
        school modernization bond--
                    (A) to enter into and make payments under contracts 
                with licensed and bonded architects, engineers, and 
                construction firms--
                            (i) to determine the needs of the tribal 
                        school; and
                            (ii) for the design and engineering of the 
                        tribal school;
                    (B) enter into and make payments under contracts 
                with financial advisers, underwriters, attorneys, 
                trustees, and other professionals who would be able to 
                provide assistance to the Indian tribe in issuing 
                bonds; and
                    (C) carry out other activities determined to be 
                appropriate by the Secretary.
            (4) Bond trustee.--
                    (A) In general.--Notwithstanding any other 
                provision of law, any qualified tribal school 
                modernization bond issued by an Indian tribe under this 
                subsection shall be subject to a trust agreement 
                between the Indian tribe and a trustee.
                    (B) Trustee.--Any bank or trust company that meets 
                requirements established by the Secretary may be 
                designated as a trustee under subparagraph (A).
                    (C) Content of trust agreement.--A trust agreement 
                entered into by an Indian tribe under this paragraph 
                shall specify that the trustee, with respect to any 
                bond issued under this subsection, shall--
                            (i) act as a repository for the proceeds of 
                        the bond;
                            (ii) make payments to bondholders;
                            (iii) receive, as a condition to the 
                        issuance of the bond, a transfer of funds from 
                        the escrow account, or from other funds 
                        furnished by or on behalf of the Indian tribe, 
                        in an amount that (including interest earnings 
                        from the investment of the funds in obligations 
                        of, or fully guaranteed by, the United States, 
                        or from other investments authorized by 
                        paragraph (10)) will produce funds sufficient 
                        to timely pay in full the entire principal 
                        amount of the bond on the stated maturity date 
                        of the bond;
                            (iv) invest the funds transferred under 
                        clause (iii) in an investment described in that 
                        clause; and
                            (v)(I) hold and invest the funds 
                        transferred under clause (iii) in a segregated 
                        fund or account under the agreement; and
                            (II) use the fund or account solely for 
                        payment of the costs of items described in 
                        paragraph (3).
                    (D) Requirements for making direct payments.--
                            (i) Payments.--
                                    (I) In general.--Notwithstanding 
                                any other provision of law, the trustee 
                                shall make any payment referred to in 
                                subparagraph (C)(v) in accordance with 
                                such requirements as the Indian tribe 
                                shall prescribe in the trust agreement 
                                entered into under subparagraph (C).
                                    (II) Inspection.--Before making a 
                                payment for a project to a contractor 
                                under subparagraph (C)(v), to ensure 
                                completion of the project, the trustee 
                                shall require an inspection of the 
                                project by--
                                            (aa) a local financial 
                                        institution; or
                                            (bb) an independent 
                                        inspecting architect or 
                                        engineer.
                            (ii) Contracts.--Each contract referred to 
                        in paragraph (3) shall specify, or be 
                        renegotiated to specify, that payments under 
                        the contract shall be made in accordance with 
                        this paragraph.
            (5) Payments of principal and interest.--
                    (A) Principal.--
                            (i) In general.--No principal payment on 
                        any qualified tribal school modernization bond 
                        shall be required under this subsection until 
                        the final, stated date on which the bond 
                        reaches maturity.
                            (ii) Maturity; outstanding principal.--With 
                        respect to a qualified tribal school 
                        modernization bond issued under this 
                        subsection--
                                    (I) the bond shall reach maturity 
                                not later than 15 years after the date 
                                of issuance of the bond; and
                                    (II) on the date on which the bond 
                                reaches maturity, the entire 
                                outstanding principal under the bond 
                                shall become due and payable.
                    (B) Interest.--There shall be awarded a tax credit 
                under section 1400M of the Internal Revenue Code of 
                1986 in lieu of interest on a qualified tribal school 
                modernization bond issued under this subsection.
            (6) Bond guarantees.--
                    (A) In general.--Payment of the principal portion 
                of a qualified tribal school modernization bond issued 
                under this subsection shall be guaranteed solely by 
                amounts deposited with each respective bond trustee as 
                described in paragraph (4)(C)(iii).
                    (B) Establishment of account.--
                            (i) In general.--Notwithstanding any other 
                        provision of law, the Secretary may--
                                    (I) establish a tribal school 
                                modernization escrow account; and
                                    (II) beginning in fiscal year 2005, 
                                from amounts made available for school 
                                replacement under the construction 
                                account of the Bureau, deposit not more 
                                than $30,000,000 for each fiscal year 
                                into the escrow account.
                            (ii) Transfers of excess proceeds.--Excess 
                        proceeds held under any trust agreement that 
                        are not needed for any of the purposes 
                        described in clauses (iii) and (v) of paragraph 
                        (4)(C) shall be transferred, from time to time, 
                        by the trustee for deposit into the escrow 
                        account.
                            (iii) Payments.--The Secretary shall use 
                        any amounts deposited in the escrow account 
                        under clauses (i) and (ii)--
                                    (I) to make payments to trustees 
                                appointed and acting in accordance with 
                                paragraph (4); or
                                    (II) to make payments described in 
                                paragraph (2)(D).
            (7) Limitations.--
                    (A) Obligation to repay.--
                            (i) In general.--Notwithstanding any other 
                        provision of law, the principal amount on any 
                        qualified tribal school modernization bond 
                        issued under this subsection shall be repaid 
                        only to the extent of any escrowed funds 
                        provided under paragraph (4)(C)(iii).
                            (ii) No guarantee.--No qualified tribal 
                        school modernization bond issued by an Indian 
                        tribe under this subsection shall be an 
                        obligation of, and no payment of the principal 
                        of such a bond shall be guaranteed by--
                                    (I) the United States;
                                    (II) the Indian tribe; or
                                    (III) the tribal school for which 
                                the bond was issued.
                    (B) Land and facilities.--No land or facility 
                purchased or improved with amounts derived from a 
                qualified tribal school modernization bond issued under 
                this subsection shall be mortgaged or used as 
                collateral for the bond.
            (8) Sale of bonds.--A qualified tribal school modernization 
        bond may be sold at a purchase price equal to, in excess of, or 
        at a discount from, the par amount of the bond.
            (9) Treatment of trust agreement earnings.--No amount 
        earned through the investment of funds under the control of a 
        trustee under any trust agreement described in paragraph (4) 
        shall be subject to Federal income taxation.
            (10) Investment of sinking funds.--A sinking fund 
        established for the purpose of the payment of principal on a 
        qualified tribal school modernization bond issued under this 
        subsection shall be invested in--
                    (A) obligations issued by or guaranteed by the 
                United States; or
                    (B) such other assets as the Secretary of the 
                Treasury may by regulation allow.
    (c) Expansion of Incentives for Tribal Schools.--Chapter 1 is 
amended by adding at the end the following new subchapter:

         ``Subchapter Z--Tribal School Modernization Provisions

``Sec. 1400M. Credit to holders of qualified tribal school 
                            modernization bonds.

``SEC. 1400M. CREDIT TO HOLDERS OF QUALIFIED TRIBAL SCHOOL 
              MODERNIZATION BONDS.

    ``(a) Allowance of Credit.--In the case of a taxpayer who holds a 
qualified tribal school modernization bond on a credit allowance date 
of such bond which occurs during the taxable year, there shall be 
allowed as a credit against the tax imposed by this chapter for such 
taxable year an amount equal to the sum of the credits determined under 
subsection (b) with respect to credit allowance dates during such year 
on which the taxpayer holds such bond.
    ``(b) Amount of Credit.--
            ``(1) In general.--The amount of the credit determined 
        under this subsection with respect to any credit allowance date 
        for a qualified tribal school modernization bond is 25 percent 
        of the annual credit determined with respect to such bond.
            ``(2) Annual credit.--The annual credit determined with 
        respect to any qualified tribal school modernization bond is 
        the product of--
                    ``(A) the applicable credit rate, multiplied by
                    ``(B) the outstanding face amount of the bond.
            ``(3) Applicable credit rate.--For purposes of paragraph 
        (1), the applicable credit rate with respect to an issue is the 
        rate equal to an average market yield (as of the date of sale 
        of the issue) on outstanding long-term corporate obligations 
        (as determined by the Secretary).
            ``(4) Special rule for issuance and redemption.--In the 
        case of a bond which is issued during the 3-month period ending 
        on a credit allowance date, the amount of the credit determined 
        under this subsection with respect to such credit allowance 
        date shall be a ratable portion of the credit otherwise 
        determined based on the portion of the 3-month period during 
        which the bond is outstanding. A similar rule shall apply when 
        the bond is redeemed.
    ``(c) Limitation Based on Amount of Tax.--
            ``(1) In general.--The credit allowed under subsection (a) 
        for any taxable year shall not exceed the excess of--
                    ``(A) the sum of the regular tax liability (as 
                defined in section 26(b)) plus the tax imposed by 
                section 55, over
                    ``(B) the sum of the credits allowable under part 
                IV of subchapter A (other than subpart C thereof, 
                relating to refundable credits).
            ``(2) Carryover of unused credit.--If the credit allowable 
        under subsection (a) exceeds the limitation imposed by 
        paragraph (1) for such taxable year, such excess shall be 
        carried to the succeeding taxable year and added to the credit 
        allowable under subsection (a) for such taxable year.
    ``(d) Qualified Tribal School Modernization Bond; Other 
Definitions.--For purposes of this section--
            ``(1) Qualified tribal school modernization bond.--
                    ``(A) In general.--The term `qualified tribal 
                school modernization bond' means, subject to 
                subparagraph (B), any bond issued as part of an issue 
                under section 616(b) of the Jumpstart Our Business 
                Strength (JOBS) Act, as in effect on the date of the 
                enactment of this section, if--
                            ``(i) 95 percent or more of the proceeds of 
                        such issue are to be used for the construction, 
                        rehabilitation, or repair of a school facility 
                        funded by the Bureau of Indian Affairs of the 
                        Department of the Interior or for the 
                        acquisition of land on which such a facility is 
                        to be constructed with part of the proceeds of 
                        such issue,
                            ``(ii) the bond is issued by an Indian 
                        tribe,
                            ``(iii) the issuer designates such bond for 
                        purposes of this section, and
                            ``(iv) the term of each bond which is part 
                        of such issue does not exceed 15 years.
                    ``(B) National limitation on amount of bonds 
                designated.--
                            ``(i) National limitation.--There is a 
                        national qualified tribal school modernization 
                        bond limitation for each calendar year. Such 
                        limitation is--
                                    ``(I) $200,000,000 for 2005,
                                    ``(II) $200,000,000 for 2006, and
                                    ``(III) zero after 2006.
                            ``(ii) Allocation of limitation.--The 
                        national qualified tribal school modernization 
                        bond limitation shall be allocated to Indian 
                        tribes by the Secretary of the Interior subject 
                        to the provisions of section 616 of the 
                        Jumpstart Our Business Strength (JOBS) Act, as 
                        in effect on the date of the enactment of this 
                        section.
                            ``(iii) Designation subject to limitation 
                        amount.--The maximum aggregate face amount of 
                        bonds issued during any calendar year which may 
                        be designated under subsection (d)(1) with 
                        respect to any Indian tribe shall not exceed 
                        the limitation amount allocated to such 
                        government under clause (ii) for such calendar 
                        year.
                            ``(iv) Carryover of unused limitation.--If 
                        for any calendar year--
                                    ``(I) the limitation amount under 
                                this subparagraph, exceeds
                                    ``(II) the amount of qualified 
                                tribal school modernization bonds 
                                issued during such year,
                        the limitation amount under this subparagraph 
                        for the following calendar year shall be 
                        increased by the amount of such excess. The 
                        preceding sentence shall not apply if such 
                        following calendar year is after 2012.
            ``(2) Credit allowance date.--The term `credit allowance 
        date' means--
                    ``(A) March 15,
                    ``(B) June 15,
                    ``(C) September 15, and
                    ``(D) December 15.
        Such term includes the last day on which the bond is 
        outstanding.
            ``(3) Bond.--The term `bond' includes any obligation.
            ``(4) Tribe.--The term `tribe' has the meaning given the 
        term `Indian tribal government' by section 7701(a)(40), 
        including the application of section 7871(d). Such term 
        includes any consortium of tribes approved by the Secretary of 
        the Interior.
    ``(e) Credit Included in Gross Income.--Gross income includes the 
amount of the credit allowed to the taxpayer under this section 
(determined without regard to subsection (c)) and the amount so 
included shall be treated as interest income.
    ``(f) Bonds Held by Regulated Investment Companies.--If any 
qualified tribal school modernization bond is held by a regulated 
investment company, the credit determined under subsection (a) shall be 
allowed to shareholders of such company under procedures prescribed by 
the Secretary.
    ``(g) Treatment for Estimated Tax Purposes.--Solely for purposes of 
sections 6654 and 6655, the credit allowed by this section to a 
taxpayer by reason of holding a qualified tribal school modernization 
bonds on a credit allowance date shall be treated as if it were a 
payment of estimated tax made by the taxpayer on such date.
    ``(h) Credit Treated as Allowed Under Part IV of Subchapter A.--For 
purposes of subtitle F, the credit allowed by this section shall be 
treated as a credit allowable under part IV of subchapter A of this 
chapter.
    ``(i) Reporting.--Issuers of qualified tribal school modernization 
bonds shall submit reports similar to the reports required under 
section 149(e).''.
    (d) Conforming Amendment.--The table of subchapters for chapter 1 
is amended by adding at the end the following new item:

                              ``Subchapter Z. Tribal school 
                                        modernization provisions.''.
    (e) Additional Provisions.--
            (1) Sovereign immunity.--This section and the amendments 
        made by this section shall not be construed to impact, limit, 
        or affect the sovereign immunity of the Federal Government or 
        any State or tribal government.
            (2) Application.--This section and the amendments made by 
        this section shall take effect on the date of the enactment of 
        this Act with respect to bonds issued after December 31, 2004, 
        regardless of the status of regulations promulgated thereunder.

            Subtitle C--Provisions Relating to Depreciation

SEC. 621. SPECIAL PLACED IN SERVICE RULE FOR BONUS DEPRECIATION 
              PROPERTY.

    (a) In General.--Section 168(k)(2)(D) (relating to special rules) 
is amended by adding at the end the following new clause:
                            ``(iii) Syndication.--For purposes of 
                        subparagraph (A)(ii), if--
                                    ``(I) property is originally placed 
                                in service after September 10, 2001, by 
                                the lessor of such property,
                                    ``(II) such property is sold by 
                                such lessor or any subsequent purchaser 
                                within 3 months after the date so 
                                placed in service (or, in the case of 
                                multiple units of property subject to 
                                the same lease, within 3 months after 
                                the date the final unit is placed in 
                                service, so long as the period between 
                                the time the first unit is placed in 
                                service and the time the last unit is 
                                placed in service does not exceed 12 
                                months), and
                                    ``(III) the user of such property 
                                after the last sale during such 3-month 
                                period remains the same as when such 
                                property was originally placed in 
                                service,
                        such property shall be treated as originally 
                        placed in service not earlier than the date of 
                        such last sale, so long as no previous owner of 
                        such property elects the application of this 
                        subsection with respect to such property.''.
    (b) Effective Date.--The amendment made by this section shall apply 
to sales after the date of the enactment of this Act.

SEC. 622. MODIFICATION OF DEPRECIATION ALLOWANCE FOR AIRCRAFT.

    (a) Aircraft Treated as Qualified Property.--
            (1) In general.--Paragraph (2) of section 168(k) is amended 
        by redesignating subparagraphs (C) through (F) as subparagraphs 
        (D) through (G), respectively, and by inserting after 
        subparagraph (B) the following new subparagraph:
                    ``(C) Certain aircraft.--The term `qualified 
                property' includes property--
                            ``(i) which meets the requirements of 
                        clauses (ii) and (iii) of subparagraph (A),
                            ``(ii) which is an aircraft which is not a 
                        transportation property (as defined in 
                        subparagraph (B)(iii)) other than for 
                        agricultural or firefighting purposes,
                            ``(iii) which is purchased and on which 
                        such purchaser, at the time of the contract for 
                        purchase, has made a nonrefundable deposit of 
                        the lesser of--
                                    ``(I) 10 percent of the cost, or
                                    ``(II) $100,000, and
                            ``(iv) which has--
                                    ``(I) an estimated production 
                                period exceeding 4 months, and
                                    ``(II) a cost exceeding 
                                $200,000.''.
            (2) Placed in service date.--Clause (iv) of section 
        168(k)(2)(A) is amended by striking ``subparagraph (B)'' and 
        inserting ``subparagraphs (B) and (C)''.
    (b) Conforming Amendments.--
            (1) Section 168(k)(2)(B) is amended by adding at the end 
        the following new clause:
                            ``(iv) Application of subparagraph.--This 
                        subparagraph shall not apply to any property 
                        which is described in subparagraph (C).''.
            (2) Section 168(k)(4)(A)(ii) is amended by striking 
        ``paragraph (2)(C)'' and inserting ``paragraph (2)(D)''.
            (3) Section 168(k)(4)(B)(iii) is amended by inserting ``and 
        paragraph (2)(C)'' after ``of this paragraph)''.
            (4) Section 168(k)(4)(C) is amended by striking 
        ``subparagraphs (B) and (D)'' and inserting ``subparagraphs 
        (B), (C), and (E)''.
            (5) Section 168(k)(4)(D) is amended by striking ``Paragraph 
        (2)(E)'' and inserting ``Paragraph (2)(F)''.
    (c) Effective Date.--The amendments made by this section shall 
apply to taxable years beginning after the date of the enactment of 
this Act.

SEC. 623. 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, is scheduled to host 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 complex and provided for 
                the benefit of patrons of the complex--
                            ``(i) ancillary grounds and 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.''.
    (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 and before January 1, 2008.
            (2) No inference.--Nothing in the amendments made by this 
        section shall be construed to affect the treatment of expenses 
        incurred on or before the date of the enactment of this Act.

SEC. 624. MINIMUM TAX RELIEF FOR CERTAIN TAXPAYERS.

    (a) Election to Increase Minimum Tax Credit Limitation in Lieu of 
Bonus Depreciation.--
            (1) In general.--Section 53 (relating to credit for prior 
        year minimum tax liability) is amended by adding at the end the 
        following new subsection:
    ``(e) Additional Credit in Lieu of Bonus Depreciation.--
            ``(1) In general.--In the case of a corporation making an 
        election under this subsection for a taxable year, the 
        limitation under subsection (c) shall be increased by an amount 
        equal to 50 percent of the bonus depreciation amount.
            ``(2) Bonus depreciation amount.--For purposes of paragraph 
        (1), the bonus depreciation amount for any taxable year is an 
        amount (not in excess of $25,000,000) equal to the product of--
                    ``(A) 30 percent, and
                    ``(B) the excess (if any) of--
                            ``(i) the aggregate amount of depreciation 
                        which would be determined under section 168 for 
                        property placed in service during such taxable 
                        year if no election under this subsection were 
                        made, over
                            ``(ii) the aggregate allowance for 
                        depreciation allowable with respect to such 
                        property placed in service for such taxable 
                        year.
            ``(3) Aggregation rule.--All members of the same controlled 
        group of corporations shall be treated as 1 corporation for 
        purposes of this subsection.
            ``(4) Election.--Sections 168(k) (other than paragraph 
        (2)(F) thereof) shall not apply to any property placed in 
        service during a taxable year by a corporation making an 
        election under this subsection for such taxable year. An 
        election under this subsection may only be revoked with the 
        consent of the Secretary.
            ``(5) Credit refundable.--The aggregate increase in the 
        credit allowed by this section for any taxable year by reason 
        of this subsection shall for purposes of this title (other than 
        subsection (b)(2) of this section) be treated as a credit 
        allowed to the taxpayer under subpart C.''.
            (2) Conforming amendments.--Subsection (k) of section 168 
        is amended by adding at the end the following new paragraph:
            ``(5) Cross reference.--For an election to claim certain 
        minimum tax credits in lieu of the allowance determined under 
        this subsection, see section 53(e).''.
            (3) Effective date.--The amendments made by this subsection 
        shall apply to taxable years ending after December 31, 2003.
    (b) Use of General Business Credits Against Alternative Minimum 
Tax.--
            (1) In general.--Section 38(c) (relating to limitations 
        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 rule for 2004.--Notwithstanding the preceding 
        provisions of this paragraph, in the case of any taxable year 
        beginning in 2004, the credit allowed under subsection (a) 
        shall not exceed the greater of--
                    ``(A) the amount determined under this subsection 
                without regard to this paragraph, or
                    ``(B) 50 percent of the lesser of--
                            ``(i) the amount which would be determined 
                        under this subsection if the tentative minimum 
                        tax were treated as being zero in applying 
                        paragraph (1) to such credit, or
                            ``(ii) the amount of the current year 
                        business credit.''.
            (2) Effective date.--The amendments made by this subsection 
        shall apply to taxable years beginning in 2004.

                Subtitle D--Expansion of Business Credit

SEC. 631. NEW MARKETS TAX CREDIT FOR NATIVE AMERICAN RESERVATIONS.

    (a) In General.--Subpart D of part IV of subchapter A of chapter 1 
(relating to business related credits) is amended by redesignating 
sections 45E and 45F as sections 45F and 45G, respectively, and by 
inserting after section 45D the following new section:

``SEC. 45E. NEW MARKETS TAX CREDIT FOR NATIVE AMERICAN RESERVATIONS.

    ``(a) Allowance of Credit.--
            ``(1) In general.--For purposes of section 38, in the case 
        of a taxpayer who holds a qualified equity investment on a 
        credit allowance date of such investment which occurs during 
        the taxable year, the Native American new markets tax credit 
        determined under this section for such taxable year is an 
        amount equal to the applicable percentage of the amount paid to 
        the reservation development entity for such investment at its 
        original issue.
            ``(2) Applicable percentage.--For purposes of paragraph 
        (1), the applicable percentage is--
                    ``(A) 5 percent with respect to the first 3 credit 
                allowance dates, and
                    ``(B) 6 percent with respect to the remainder of 
                the credit allowance dates.
            ``(3) Credit allowance date.--For purposes of paragraph 
        (1), the term `credit allowance date' means, with respect to 
        any qualified equity investment--
                    ``(A) the date on which such investment is 
                initially made, and
                    ``(B) each of the 6 anniversary dates of such date 
                thereafter.
    ``(b) Qualified Equity Investment.--For purposes of this section--
            ``(1) In general.--The term `qualified equity investment' 
        means any equity investment in a reservation development entity 
        if--
                    ``(A) such investment is acquired by the taxpayer 
                at its original issue (directly or through an 
                underwriter) solely in exchange for cash,
                    ``(B) substantially all of such cash is used by the 
                reservation development entity to make qualified low-
                income reservation investments, and
                    ``(C) such investment is designated for purposes of 
                this section by the reservation development entity.
        Such term shall not include any equity investment issued by a 
        reservation development entity more than 5 years after the date 
        that such entity receives an allocation under subsection (f). 
        Any allocation not used within such 5-year period may be 
        reallocated by the Secretary under subsection (f).
            ``(2) Limitation.--The maximum amount of equity investments 
        issued by a reservation development entity which may be 
        designated under paragraph (1)(C) by such entity shall not 
        exceed the portion of the limitation amount allocated under 
        subsection (f) to such entity.
            ``(3) Safe harbor for determining use of cash.--The 
        requirement of paragraph (1)(B) shall be treated as met if at 
        least 85 percent of the aggregate gross assets of the 
        reservation development entity are invested in qualified low-
        income reservation investments.
            ``(4) Treatment of subsequent purchasers.--The term 
        `qualified equity investment' includes any equity investment 
        which would (but for paragraph (1)(A)) be a qualified equity 
        investment in the hands of the taxpayer if such investment was 
        a qualified equity investment in the hands of a prior holder.
            ``(5) Redemptions.--A rule similar to the rule of section 
        1202(c)(3) shall apply for purposes of this subsection.
            ``(6) Equity investment.--The term `equity investment' 
        means--
                    ``(A) any stock (other than nonqualified preferred 
                stock as defined in section 351(g)(2)) in an entity 
                which is a corporation, and
                    ``(B) any capital interest in an entity which is a 
                partnership.
    ``(c) Reservation Development Entity.--For purposes of this 
section--
            ``(1) In general.--The term `reservation development 
        entity' means any domestic corporation or partnership if--
                    ``(A) the primary mission of the entity is serving, 
                or providing investment capital for, low-income 
                reservations,
                    ``(B) the entity maintains accountability to 
                residents of low-income reservations through their 
                representation on any governing board of the entity or 
                on any advisory board to the entity, and
                    ``(C) the entity is certified by the Secretary for 
                purposes of this section as being a reservation 
                development entity.
            ``(2) Exception.--For purposes of subparagraph (C) of 
        paragraph (1), the Secretary shall not certify an entity as a 
        reservation development entity if such entity is also certified 
        as a qualified community development entity under section 
        45D(c).
    ``(d) Qualified Low-Income Reservation Investments.--For purposes 
of this section--
            ``(1) In general.--The term `qualified low-income 
        reservation investment' means--
                    ``(A) any capital or equity investment in, or loan 
                to, any qualified active low-income reservation 
                business,
                    ``(B) the purchase from another reservation 
                development entity of any loan made by such entity 
                which is a qualified low-income reservation investment,
                    ``(C) financial counseling and other services 
                specified in regulations prescribed by the Secretary to 
                businesses located in, and residents of, low-income 
                reservations, and
                    ``(D) any equity investment in, or loan to, any 
                reservation development entity.
            ``(2) Qualified active low-income reservation business.--
                    ``(A) In general.--For purposes of paragraph (1), 
                the term `qualified active low-income reservation 
                business' means, with respect to any taxable year, any 
                corporation (including a nonprofit corporation) or 
                partnership if for such year--
                            ``(i) at least 50 percent of the total 
                        gross income of such entity is derived from the 
                        active conduct of a qualified business within 
                        any low-income reservation,
                            ``(ii) a substantial portion of the use of 
                        the tangible property of such entity (whether 
                        owned or leased) is within any low-income 
                        reservation,
                            ``(iii) a substantial portion of the 
                        services performed for such entity by its 
                        employees are performed in any low-income 
                        reservation,
                            ``(iv) less than 5 percent of the average 
                        of the aggregate unadjusted bases of the 
                        property of such entity is attributable to 
                        collectibles (as defined in section 408(m)(2)) 
                        other than collectibles that are held primarily 
                        for sale to customers in the ordinary course of 
                        such business, and
                            ``(v) less than 5 percent of the average of 
                        the aggregate unadjusted bases of the property 
                        of such entity is attributable to nonqualified 
                        financial property (as defined in section 
                        1397C(e)).
                    ``(B) Proprietorship.--Such term shall include any 
                business carried on by an individual as a proprietor if 
                such business would meet the requirements of 
                subparagraph (A) were it incorporated.
                    ``(C) Portions of business may be qualified active 
                low-income reservation business.--The term `qualified 
                active low-income reservation business' includes any 
                trades or businesses which would qualify as a qualified 
                active low-income reservation business if such trades 
                or businesses were separately incorporated.
            ``(3) Qualified business.--For purposes of this subsection, 
        the term `qualified business' has the meaning given to such 
        term by section 45D(d)(3).
    ``(e) Low-Income Reservation.--For purposes of this section, the 
term `low-income reservation' means any Indian reservation (as defined 
in section 168(j)(6)) which has a poverty rate of at least 40 percent.
    ``(f) National Limitation on Amount of Investments Designated.--
            ``(1) In general.--There is a Native American new markets 
        tax credit limitation of $50,000,000 for each of calendar years 
        2004 through 2007.
            ``(2) Allocation of limitation.--The limitation under 
        paragraph (1) shall be allocated by the Secretary among 
        reservation development entities selected by the Secretary. In 
        making allocations under the preceding sentence, the Secretary 
        shall give priority to any entity--
                    ``(A) with a record of having successfully provided 
                capital or technical assistance to disadvantaged 
                businesses or communities, or
                    ``(B) which intends to satisfy the requirement 
                under subsection (b)(1)(B) by making qualified low-
                income reservation investments in 1 or more businesses 
                in which persons unrelated to such entity (within the 
                meaning of section 267(b) or 707(b)(1)) hold the 
                majority equity interest.
            ``(3) Carryover of unused limitation.--If the Native 
        American new markets tax credit limitation for any calendar 
        year exceeds the aggregate amount allocated under paragraph (2) 
        for such year, such limitation for the succeeding calendar year 
        shall be increased by the amount of such excess. No amount may 
        be carried under the preceding sentence to any calendar year 
        after 2014.
    ``(g) Recapture of Credit in Certain Cases.--
            ``(1) In general.--If, at any time during the 7-year period 
        beginning on the date of the original issue of a qualified 
        equity investment in a reservation development entity, there is 
        a recapture event with respect to such investment, then the tax 
        imposed by this chapter for the taxable year in which such 
        event occurs shall be increased by the credit recapture amount.
            ``(2) Credit recapture amount.--For purposes of paragraph 
        (1), the credit recapture amount is an amount equal to the sum 
        of--
                    ``(A) the aggregate decrease in the credits allowed 
                to the taxpayer under section 38 for all prior taxable 
                years which would have resulted if no credit had been 
                determined under this section with respect to such 
                investment, plus
                    ``(B) interest at the underpayment rate established 
                under section 6621 on the amount determined under 
                subparagraph (A) for each prior taxable year for the 
                period beginning on the due date for filing the return 
                for the prior taxable year involved.
        No deduction shall be allowed under this chapter for interest 
        described in subparagraph (B).
            ``(3) Recapture event.--For purposes of paragraph (1), 
        there is a recapture event with respect to an equity investment 
        in a reservation development entity if--
                    ``(A) such entity ceases to be a reservation 
                development entity,
                    ``(B) the proceeds of the investment cease to be 
                used as required of subsection (b)(1)(B), or
                    ``(C) such investment is redeemed by such entity.
            ``(4) Special rules.--
                    ``(A) Tax benefit rule.--The tax for the taxable 
                year shall be increased under paragraph (1) only with 
                respect to credits allowed by reason of this section 
                which were used to reduce tax liability. In the case of 
                credits not so used to reduce tax liability, the 
                carryforwards and carrybacks under section 39 shall be 
                appropriately adjusted.
                    ``(B) No credits against tax.--Any increase in tax 
                under this subsection shall not be treated as a tax 
                imposed by this chapter for purposes of determining the 
                amount of any credit under this chapter or for purposes 
                of section 55.
    ``(h) Basis Reduction.--The basis of any qualified equity 
investment shall be reduced by the amount of any credit determined 
under this section with respect to such investment. This subsection 
shall not apply for purposes of sections 1202, 1400B, and 1400F.
    ``(i) Regulations.--The Secretary shall prescribe such regulations 
as may be appropriate to carry out this section, including 
regulations--
            ``(1) which limit the credit for investments which are 
        directly or indirectly subsidized by other Federal tax benefits 
        (including the credit under section 42 and the exclusion from 
        gross income under section 103),
            ``(2) which prevent the abuse of the purposes of this 
        section,
            ``(3) which provide rules for determining whether the 
        requirement of subsection (b)(1)(B) is treated as met,
            ``(4) which impose appropriate reporting requirements, and
            ``(5) which apply the provisions of this section to newly 
        formed entities.''.
    (b) Credit Made Part of General Business Credit.--
            (1) In general.--Subsection (b) of section 38 is amended by 
        redesignating paragraphs (14) and (15) as paragraphs (15) and 
        (16), respectively, and by inserting after paragraph (13) the 
        following new paragraph:
            ``(14) the Native American new markets tax credit 
        determined under section 45E(a),''.
            (2) Limitation on carryback.--Subsection (d) of section 39 
        is amended by redesignating paragraph (10) as paragraph (11) 
        and by inserting after paragraph (9) the following new 
        paragraph:
            ``(10) No carryback of native american new markets tax 
        credit before january 1, 2004.--No portion of the unused 
        business credit for any taxable year which is attributable to 
        the credit under section 45E may be carried back to a taxable 
        year ending before January 1, 2004.''.
    (c) Deduction for Unused Credit.--Subsection (c) of section 196 is 
amended by redesignating paragraph (10) as paragraph (11), by striking 
``and'' at the end of paragraph (9), and by inserting after paragraph 
(9) the following new paragraph:
            ``(10) the Native American new markets tax credit 
        determined under section 45E(a), and''.
    (d) Conforming Amendments.--
            (1) Section 38(b)(15), as redesignated by subsection 
        (b)(1), is amended--
                    (A) by striking ``45E(c)'' and inserting 
                ``45F(c)'', and
                    (B) by striking ``45E(a)'' and inserting 
                ``45F(a)''.
            (2) Section 38(b)(16), as redesignated by subsection 
        (b)(1), is amended by striking ``45F(a)'' and inserting 
        ``45G(a)''.
            (3) Section 39(d)(11), as redesignated by subsection 
        (b)(2), is amended by striking ``section 45E'' and inserting 
        ``section 45F''.
            (4) Section 196(c)(11), as redesignated by subsection (c), 
        is amended by striking ``45E(a)'' and inserting ``45F(a)''.
            (5) Section 1016(a)(28) is amended--
                    (A) by striking ``under section 45F'' and inserting 
                ``under section 45G'', and
                    (B) by striking ``section 45F(f)(1)'' and inserting 
                ``section 45G(f)(1)''.
    (e) Clerical Amendment.--The table of sections for subpart D of 
part IV of subchapter A of chapter 1 is amended by striking the items 
relating to sections 45E and 45F and inserting the following:

                              ``Sec. 45E. New markets tax credit for 
                                        Native American reservations.
                              ``Sec. 45F. Small employer pension plan 
                                        startup costs.
                              ``Sec. 45G. Employer-provided child care 
                                        credit.''.
    (e) Effective Date.--The amendments made by this section shall 
apply to investments made after December 31, 2003.
    (f) Guidance on Allocation of National Limitation.--Not later than 
120 days after the date of the enactment of this Act, the Secretary of 
the Treasury or the Secretary's delegate shall issue guidance which 
specifies--
            (1) how entities shall apply for an allocation under 
        section 45E(f)(2) of the Internal Revenue Code of 1986, as 
        added by this section;
            (2) the competitive procedure through which such 
        allocations are made; and
            (3) the actions that such Secretary or delegate shall take 
        to ensure that such allocations are properly made to 
        appropriate entities.
    (g) Audit and Report.--Not later than January 31 of 2007 and 2010, 
the Comptroller General of the United States shall, pursuant to an 
audit of the Native American new markets tax credit program established 
under section 45E of the Internal Revenue Code of 1986 (as added by 
subsection (a)), report to Congress on such program, including all 
reservation development entities that receive an allocation under the 
Native American new markets credit under such section.
    (h) Grants in Coordination With Credit.--
            (1) In general.--The Secretary of the Treasury is 
        authorized to award a grant of not more than $1,000,000 to the 
        First Nations Oweesta Corporation.
            (2) Use of funds.--The grant awarded under paragraph (1) 
        may be used--
                    (A) to enhance the capacity of people living on 
                low-income reservations (within the meaning of section 
                45E(e) of the Internal Revenue Code of 1986, as added 
                by this section) to access, apply, control, create, 
                leverage, utilize, and retain the financial benefits to 
                such low-income reservations which are attributable to 
                qualified low-income reservation investments (within 
                the meaning of section 45E(d) of such Code), and
                    (B) to provide access to appropriate financial 
                capital for the development of such low-income 
                reservations.
            (3) Authorization of appropriations.--There are authorized 
        to be appropriated $1,000,000 for fiscal years 2004 through 
        2014 to carry out the provisions of this subsection.

SEC. 632. READY RESERVE-NATIONAL GUARD EMPLOYEE CREDIT AND READY 
              RESERVE-NATIONAL GUARD REPLACEMENT EMPLOYEE CREDIT.

    (a) Ready Reserve-National Guard Credit.--
            (1) In general.--Subpart D of part IV of subchapter A of 
        chapter 1 (relating to business-related credits), as amended by 
        this Act, is amended by adding at the end the following:

``SEC. 45H. READY RESERVE-NATIONAL GUARD EMPLOYEE CREDIT.

    ``(a) General Rule.--For purposes of section 38, the Ready Reserve-
National Guard employee credit determined under this section for any 
taxable year with respect to each Ready Reserve-National Guard employee 
of an employer is an amount equal to 50 percent of the lesser of--
            ``(1) the actual compensation amount with respect to such 
        employee for such taxable year, or
            ``(2) $30,000.
    ``(b) Definition of Actual Compensation Amount.--For purposes of 
this section, the term `actual compensation amount' means the amount of 
compensation paid or incurred by an employer with respect to a Ready 
Reserve-National Guard employee on any day when the employee was absent 
from employment for the purpose of performing qualified active duty.
    ``(c) Limitations.--No credit shall be allowed with respect to any 
day that a Ready Reserve-National Guard employee who performs qualified 
active duty was not scheduled to work (for reason other than to 
participate in qualified active duty).
    ``(d) Definitions and Special Rules.--For purposes of this 
section--
            ``(1) Qualified active duty.--The term `qualified active 
        duty' means--
                    ``(A) active duty, other than the training duty 
                specified in section 10147 of title 10, United States 
                Code (relating to training requirements for the Ready 
                Reserve), or section 502(a) of title 32, United States 
                Code (relating to required drills and field exercises 
                for the National Guard), in connection with which an 
                employee is entitled to reemployment rights and other 
                benefits or to a leave of absence from employment under 
                chapter 43 of title 38, United States Code, and
                    ``(B) hospitalization incident to such duty.
            ``(2) Compensation.--The term `compensation' means any 
        remuneration for employment, whether in cash or in kind, which 
        is paid or incurred by a taxpayer and which is deductible from 
        the taxpayer's gross income under section 162(a)(1).
            ``(3) Ready reserve-national guard employee.--The term 
        `Ready Reserve-National Guard employee' means an employee who 
        is a member of the Ready Reserve of a reserve component of an 
        Armed Force of the United States as described in sections 10142 
        and 10101 of title 10, United States Code.
            ``(4) Certain rules to apply.--Rules similar to the rules 
        of section 52 shall apply.
    ``(e) Portion of Credit Refundable.--
            ``(1) In general.--In the case of an employer of a 
        qualified first responder, the aggregate credits allowed to a 
        taxpayer under subpart C shall be increased by the lesser of--
                    ``(A) the credit which would be allowed under this 
                section without regard to this subsection and the 
                limitation under section 38(c), or
                    ``(B) the amount by which the aggregate amount of 
                credits allowed by this subpart (determined without 
                regard to this subsection) would increase if the 
                limitation imposed by section 38(c) for any taxable 
                year were increased by the amount of employer payroll 
                taxes imposed on the taxpayer during the calendar year 
                in which the taxable year begins.
        The amount of the credit allowed under this subsection shall 
        not be treated as a credit allowed under this subpart and shall 
        reduce the amount of the credit otherwise allowable under 
        subsection (a) without regard to section 38(c).
            ``(2) Employer payroll taxes.--For purposes of this 
        subsection--
                    ``(A) In general.--The term `employer payroll 
                taxes' means the taxes imposed by--
                            ``(i) section 3111(b), and
                            ``(ii) sections 3211(a) and 3221(a) 
                        (determined at a rate equal to the rate under 
                        section 3111(b)).
                    ``(B) Special rule.--A rule similar to the rule of 
                section 24(d)(2)(C) shall apply for purposes of 
                subparagraph (A).
            ``(3) Qualified first responder.--For purposes of this 
        subsection, the term `qualified first responder' means any 
        person who is--
                    ``(A) employed as a law enforcement official, a 
                firefighter, or a paramedic, and
                    ``(B) a Ready Reserve-National Guard employee.''.
            (2) Credit to be part of general business credit.--
        Subsection (b) of section 38 (relating to general business 
        credit), as amended by this Act, is amended by striking 
        ``plus'' at the end of paragraph (15), by striking the period 
        at the end of paragraph (16) and inserting ``, plus'', and by 
        adding at the end the following:
            ``(17) the Ready Reserve-National Guard employee credit 
        determined under section 45H(a).''.
            (3) Denial of double benefit.--Section 280C(a) (relating to 
        rule for employment credits) is amended by inserting 
        ``45H(a),'' after ``45A(a),''.
            (4) Conforming amendment.--The table of sections for 
        subpart D of part IV of subchapter A of chapter 1, as amended 
        by this Act, is amended by inserting after the item relating to 
        section 45G the following:

                              ``Sec. 45H. Ready Reserve-National Guard 
                                        employee credit.''.
            (5) Effective date.--The amendments made by this subsection 
        shall apply to amounts paid or incurred after September 30, 
        2004, in taxable years ending after such date.
    (b) Ready Reserve-National Guard Replacement Employee Credit.--
            (1) In general.--Subpart B of part IV of subchapter A of 
        chapter 1 (relating to foreign tax credit, etc.), as amended by 
        this Act, is amended by adding after section 30C the following 
        new section:

``SEC. 30D. READY RESERVE-NATIONAL GUARD REPLACEMENT EMPLOYEE CREDIT.

    ``(a) Allowance of Credit.--
            ``(1) In general.--In the case of an eligible taxpayer, 
        there shall be allowed as a credit against the tax imposed by 
        this chapter for the taxable year the sum of the employment 
        credits for each qualified replacement employee under this 
        section.
            ``(2) Employment credit.--The employment credit with 
        respect to a qualified replacement employee of the taxpayer for 
        any taxable year is equal to 50 percent of the lesser of--
                    ``(A) the individual's qualified compensation 
                attributable to service rendered as a qualified 
                replacement employee, or
                    ``(B) $12,000.
    ``(b) Qualified Compensation.--The term `qualified compensation' 
means--
            ``(1) compensation which is normally contingent on the 
        qualified replacement employee's presence for work and which is 
        deductible from the taxpayer's gross income under section 
        162(a)(1),
            ``(2) compensation which is not characterized by the 
        taxpayer as vacation or holiday pay, or as sick leave or pay, 
        or as any other form of pay for a nonspecific leave of absence, 
        and
            ``(3) group health plan costs (if any) with respect to the 
        qualified replacement employee.
    ``(c) Qualified Replacement Employee.--For purposes of this 
section--
            ``(1) In general.--The term `qualified replacement 
        employee' means an individual who is hired to replace a Ready 
        Reserve-National Guard employee or a Ready Reserve-National 
        Guard self-employed taxpayer, but only with respect to the 
        period during which such Ready Reserve-National Guard employee 
        or Ready Reserve-National Guard self-employed taxpayer 
        participates in qualified active duty, including time spent in 
        travel status.
            ``(2) Ready reserve-national guard employee.--The term 
        `Ready Reserve-National Guard employee' has the meaning given 
        such term by section 45H(d)(3).
            ``(3) Ready reserve-national guard self-employed 
        taxpayer.--The term `Ready Reserve-National Guard self-employed 
        taxpayer' means a taxpayer who--
                    ``(A) has net earnings from self-employment (as 
                defined in section 1402(a)) for the taxable year, and
                    ``(B) is a member of the Ready Reserve of a reserve 
                component of an Armed Force of the United States as 
                described in section 10142 and 10101 of title 10, 
                United States Code.
    ``(d) Coordination With Other Credits.--The amount of credit 
otherwise allowable under sections 51(a) and 1396(a) with respect to 
any employee shall be reduced by the credit allowed by this section 
with respect to such employee.
    ``(e) Limitations.--
            ``(1) Application with other credits.--The credit allowed 
        under subsection (a) for any taxable year shall not exceed the 
        excess (if any) of--
                    ``(A) the regular tax for the taxable year reduced 
                by the sum of the credits allowable under subpart A and 
                sections 27, 29, and 30, over
                    ``(B) the tentative minimum tax for the taxable 
                year.
            ``(2) Disallowance for failure to comply with employment or 
        reemployment rights of members of the reserve components of the 
        armed forces of the united states.--No credit shall be allowed 
        under subsection (a) to a taxpayer for--
                    ``(A) any taxable year, beginning after the date of 
                the enactment of this section, in which the taxpayer is 
                under a final order, judgment, or other process issued 
                or required by a district court of the United States 
                under section 4323 of title 38 of the United States 
                Code with respect to a violation of chapter 43 of such 
                title, and
                    ``(B) the 2 succeeding taxable years.
    ``(f) General Definitions and Special Rules.--For purposes of this 
section--
            ``(1) Eligible taxpayer.--The term `eligible taxpayer' 
        means a small business employer or a Ready Reserve-National 
        Guard self-employed taxpayer.
            ``(2) Small business employer.--
                    ``(A) In general.--The term `small business 
                employer' means, with respect to any taxable year, any 
                employer who employed an average of 50 or fewer 
                employees on business days during such taxable year.
                    ``(B) Controlled groups.--For purposes of 
                subparagraph (A), all persons treated as a single 
                employer under subsection (b), (c), (m), or (o) of 
                section 414 shall be treated as a single employer.
            ``(3) Qualified active duty.--The term `qualified active 
        duty' has the meaning given such term by section 45H(d)(1).
            ``(4) Special rules for certain manufacturers.--
                    ``(A) In general.--In the case of any qualified 
                manufacturer--
                            ``(i) subsection (a)(2)(B) shall be applied 
                        by substituting `$20,000' for `$12,000', and
                            ``(ii) paragraph (2)(A) of this subsection 
                        shall be applied by substituting `100' for 
                        `50'.
                    ``(B) Qualified manufacturer.--For purposes of this 
                paragraph, the term `qualified manufacturer' means any 
                person if--
                            ``(i) the primary business of such person 
                        is classified in sector 31, 32, or 33 of the 
                        North American Industrial Classification 
                        System, and
                            ``(ii) all of such person's facilities 
                        which are used for production in such business 
                        are located in the United States.
            ``(5) Carryback and carryforward allowed.--
                    ``(A) In general.--If the credit allowable under 
                subsection (a) for a taxable year exceeds the amount of 
                the limitation under subsection (e)(1) for such taxable 
                year (in this paragraph referred to as the `unused 
                credit year'), such excess shall be a credit carryback 
                to each of the 3 taxable years preceding the unused 
                credit year and a credit carryforward to each of the 20 
                taxable years following the unused credit year.
                    ``(B) Rules.--Rules similar to the rules of section 
                39 shall apply with respect to the credit carryback and 
                credit carryforward under subparagraph (A).
            ``(6) Certain rules to apply.--Rules similar to the rules 
        of subsections (c), (d), and (e) of section 52 shall apply.''.
            (2) No deduction for compensation taken into account for 
        credit.--Section 280C(a) (relating to rule for employment 
        credits), as amended by this Act, is amended--
                    (A) by inserting ``or compensation'' after 
                ``salaries'', and
                    (B) by inserting ``30D,'' before ``45A(a),''.
            (3) Conforming amendment.--Section 55(c)(2), as amended by 
        this Act, is amended by inserting ``30D(e)(1),'' after 
        ``30C(e),''.
            (4) Clerical amendment.--The table of sections for subpart 
        B of part IV of subchapter A of chapter 1, as amended by this 
        Act, is amended by adding after the item relating to section 
        30C the following new item:

                              ``Sec. 30D. Credit for replacement of 
                                        activated military 
                                        reservists.''.
            (5) Effective date.--The amendments made by this subsection 
        shall apply to amounts paid or incurred after September 30, 
        2004, in taxable years ending after such date.
    (c) Application of Annual Exclusion Limit Under Section 911 to 
Housing Costs.--
            (1) In general.--Section 911(c) (relating to housing cost 
        amount) is amended by adding at the end the following new 
        paragraph:
            ``(4) Limit on exclusion for employer provided housing 
        costs.--The housing cost amount for any individual for any 
        taxable year attributable to employer provided amounts shall 
        not exceed the excess (if any) of--
                    ``(A) the product of--
                            ``(i) the exclusion amount determined under 
                        subsection (b)(2)(D) for the taxable year, and
                            ``(ii) a fraction equal to the number of 
                        days of the taxable year within the applicable 
                        period described in subparagraph (A) or (B) of 
                        subsection (d)(1) divided by the number of days 
                        in the taxable year, over
                    ``(B) the foreign earned income of the individual 
                excluded under subsection (a)(1) for the taxable 
                year.''
            (2) Conforming amendment.--Section 911(c)(1) is amended by 
        striking ``The'' and inserting ``Except as provided in 
        paragraph (4), the''.
            (3) Effective date.--The amendments made by this subsection 
        shall apply to taxable years beginning after December 31, 2003.

SEC. 633. RURAL INVESTMENT TAX CREDIT.

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

``SEC. 42A. RURAL INVESTMENT CREDIT.

    ``(a) In General.--For purposes of section 38, the amount of the 
rural investment credit determined under this section for any taxable 
year in the credit period shall be an amount equal to the applicable 
percentage of the eligible basis of each qualified rural investment 
building.
    ``(b) Applicable Percentage: 70 Percent Present Value Credit for 
New Buildings; 30 Percent Present Value Credit for Existing 
Buildings.--For purposes of this section--
            ``(1) In general.--The term `applicable percentage' means 
        the appropriate percentage prescribed by the Secretary for the 
        earlier of--
                    ``(A) the first month of the credit period with 
                respect to a rural investment building, or
                    ``(B) at the election of the taxpayer, the month in 
                which the taxpayer and the rural investment credit 
                agency enter into an agreement with respect to such 
                building (which is binding on such agency, the 
                taxpayer, and all successors in interest) as to the 
                rural investment credit dollar amount to be allocated 
                to such building.
        A month may be elected under subparagraph (B) only if the 
        election is made not later than the 5th day after the close of 
        such month. Such an election, once made, shall be irrevocable.
            ``(2) Method of prescribing percentages.--The percentages 
        prescribed by the Secretary for any month shall be percentages 
        which will yield over a 10-year period amounts of credit under 
        subsection (a) which have a present value equal to--
                    ``(A) 70 percent of the eligible basis of a new 
                building, and
                    ``(B) 30 percent of the eligible basis of an 
                existing building.
            ``(3) Method of discounting.--The present value under 
        paragraph (2) shall be determined--
                    ``(A) as of the last day of the 1st year of the 10-
                year period referred to in paragraph (2),
                    ``(B) by using a discount rate equal to 72 percent 
                of the average of the annual Federal mid-term rate and 
                the annual Federal long-term rate applicable under 
                section 1274(d)(1) to the month applicable under 
                subparagraph (A) or (B) of paragraph (1) and compounded 
                annually, and
                    ``(C) by assuming that the credit allowable under 
                this section for any year is received on the last day 
                of such year.
    ``(c) Eligible Basis; Qualified Rural Investment Building.--For 
purposes of this section--
            ``(1) Eligible basis.--
                    ``(A) In general.--The eligible basis of any 
                qualified rural investment building for any taxable 
                year shall be determined under rules similar to the 
                rules under section 42(d), except that--
                            ``(i) the determination of the adjusted 
                        basis of any building shall be made as of the 
                        beginning of the credit period, and
                            ``(ii) such basis shall include development 
                        costs properly attributable to such building.
                    ``(B) Development costs.--For purposes of 
                subparagraph (A)(ii), the term `development costs' 
                includes--
                            ``(i) site preparation costs,
                            ``(ii) State and local impact fees,
                            ``(iii) reasonable development costs,
                            ``(iv) professional fees related to basis 
                        items,
                            ``(v) construction financing costs related 
                        to basis items other than land, and
                            ``(vi) on-site and adjacent improvements 
                        required by State and local governments.
            ``(2) Qualified rural investment building.--The term 
        `qualified rural investment building' means any building which 
        is part of a qualified rural investment project at all times 
        during the period--
                    ``(A) beginning on the 1st day in the compliance 
                period on which such building is part of such an 
                investment project, and
                    ``(B) ending on the last day of the compliance 
                period with respect to such building.
    ``(d) Rehabilitation Expenditures Treated as Separate New 
Building.--Rehabilitation expenditures paid or incurred by the taxpayer 
with respect to any building shall be treated for purposes of this 
section as a separate new building under the rules of section 42(e).
    ``(e) Definition and Special Rules Relating to Credit Period.--
            ``(1) Credit period defined.--For purposes of this section, 
        the term `credit period' means, with respect to any building, 
        the period of 10 taxable years beginning with the taxable year 
        in which the building is first placed in service.
            ``(2) Special rule for 1st year of credit period.--
                    ``(A) In general.--The credit allowable under 
                subsection (a) with respect to any building for the 1st 
                taxable year of the credit period shall be determined 
                by multiplying such credit by the fraction--
                            ``(i) the numerator of which is the number 
                        of full months of such year during which such 
                        building was in service, and
                            ``(ii) the denominator of which is 12.
                    ``(B) Disallowed 1st year credit allowed in 11th 
                year.--Any reduction by reason of subparagraph (A) in 
                the credit allowable (without regard to subparagraph 
                (A)) for the 1st taxable year of the credit period 
                shall be allowable under subsection (a) for the 1st 
                taxable year following the credit period.
            ``(3) Credit period for existing buildings not to begin 
        before rehabilitation credit allowed.--The credit period for an 
        existing building shall not begin before the 1st taxable year 
        of the credit period for rehabilitation expenditures with 
        respect to the building.
    ``(f) Qualified Rural Investment Project; Qualifying County.--For 
purposes of this section--
            ``(1) Qualified rural investment project.--The term 
        `qualified rural investment project' means any investment 
        project of 1 or more qualified rural investment buildings 
        located in a qualifying county (and, if necessary to the 
        project, any contiguous county) and selected by the State 
        according to its qualified rural investment plan.
            ``(2) Qualifying county.--The term `qualifying county' 
        means any county which--
                    ``(A) is outside a metropolitan statistical area 
                (defined as such by the Office of Management and 
                Budget), and
                    ``(B) during the 20-year period ending with the 
                year in which the most recent census was conducted, has 
                a net out-migration of inhabitants from the county of 
                at least 10 percent of the population of the county at 
                the beginning of such period.
    ``(g) Limitation on Aggregate Credit Allowable With Respect to 
Investment Projects Located in a State.--
            ``(1) Credit may not exceed credit amount allocated to 
        building.--The amount of the credit determined under this 
        section for any taxable year with respect to any building shall 
        not exceed the rural investment credit dollar amount allocated 
        to such building under rules similar to the rules of section 
        42(h)(1).
            ``(2) Allocated credit amount to apply to all taxable years 
        ending during or after credit allocation year.--Any rural 
        investment credit dollar amount allocated to any building for 
        any calendar year--
                    ``(A) shall apply to such building for all taxable 
                years in the credit period ending during or after such 
                calendar year, and
                    ``(B) shall reduce the aggregate rural investment 
                credit dollar amount of the allocating agency only for 
                such calendar year.
            ``(3) Rural investment credit dollar amount for agencies.--
                    ``(A) In general.--The aggregate rural investment 
                credit dollar amount which a rural investment credit 
                agency may allocate for any calendar year is the 
                portion of the State rural investment credit ceiling 
                allocated under this paragraph for such calendar year 
                to such agency.
                    ``(B) State ceiling initially allocated to state 
                rural investment credit agencies.--Except as provided 
                in subparagraphs (D) and (E), the State rural 
                investment credit ceiling for each calendar year shall 
                be allocated to the rural investment credit agency of 
                such State. If there is more than 1 rural investment 
                credit agency of a State, all such agencies shall be 
                treated as a single agency.
                    ``(C) State rural investment credit ceiling.--The 
                State rural investment credit ceiling applicable to any 
                State and any calendar year shall be an amount equal to 
                the sum of--
                            ``(i) the unused State rural investment 
                        credit ceiling (if any) of such State for the 
                        preceding calendar year,
                            ``(ii) $185,000 for each qualifying county 
                        in the State,
                            ``(iii) the amount of State rural 
                        investment credit ceiling returned in the 
                        calendar year, plus
                            ``(iv) the amount (if any) allocated under 
                        subparagraph (D) to such State by the 
                        Secretary.
                For purposes of clause (i), the unused State rural 
                investment credit ceiling for any calendar year is the 
                excess (if any) of the sum of the amounts described in 
                clauses (ii) through (iv) over the aggregate rural 
                investment credit dollar amount allocated for such 
                year. For purposes of clause (iii), the amount of State 
                rural investment credit ceiling returned in the 
                calendar year equals the rural investment credit dollar 
                amount previously allocated within the State to any 
                investment project which fails to meet the 10 percent 
                test under section 42(h)(1)(E)(ii) on a date after the 
                close of the calendar year in which the allocation was 
                made or which does not become a qualified rural 
                investment project within the period required by this 
                section or the terms of the allocation or to any 
                investment project with respect to which an allocation 
                is canceled by mutual consent of the rural investment 
                credit agency and the allocation recipient.
                    ``(D) Unused rural investment credit carryovers 
                allocated among certain states.--
                            ``(i) In general.--The unused rural 
                        investment credit carryover of a State for any 
                        calendar year shall be assigned to the 
                        Secretary for allocation among qualified States 
                        for the succeeding calendar year.
                            ``(ii) Unused rural investment credit 
                        carryover.--For purposes of this subparagraph, 
                        the unused rural investment credit carryover of 
                        a State for any calendar year is the excess (if 
                        any) of the unused State rural investment 
                        credit ceiling for such year (as defined in 
                        subparagraph (C)(i)) over the excess (if any) 
                        of--
                                    ``(I) the unused State rural 
                                investment credit ceiling for the year 
                                preceding such year, over
                                    ``(II) the aggregate rural 
                                investment credit dollar amount 
                                allocated for such year.
                            ``(iii) Formula for allocation of unused 
                        rural investment credit carryovers among 
                        qualified states.--The amount allocated under 
                        this subparagraph to a qualified State for any 
                        calendar year shall be the amount determined by 
                        the Secretary to bear the same ratio to the 
                        aggregate unused rural investment credit 
                        carryovers of all States for the preceding 
                        calendar year as such State's population for 
                        the calendar year bears to the population of 
                        all qualified States for the calendar year. For 
                        purposes of the preceding sentence, population 
                        shall be determined in accordance with section 
                        146(j).
                            ``(iv) Qualified state.--For purposes of 
                        this subparagraph, the term `qualified State' 
                        means, with respect to a calendar year, any 
                        State--
                                    ``(I) which allocated its entire 
                                State rural investment credit ceiling 
                                for the preceding calendar year, and
                                    ``(II) for which a request is made 
                                (not later than May 1 of the calendar 
                                year) to receive an allocation under 
                                clause (iii).
                    ``(E) State may provide for different allocation.--
                Rules similar to the rules of section 146(e) (other 
                than paragraph (2)(B) thereof) shall apply for purposes 
                of this paragraph.
                    ``(F) Population.--For purposes of this paragraph, 
                population shall be determined in accordance with 
                section 146(j).
                    ``(G) Cost-of-living adjustment.--
                            ``(i) In general.--In the case of a 
                        calendar year after 2005, the $185,000 amount 
                        in subparagraph (C) shall be increased by an 
                        amount equal to--
                                    ``(I) such dollar amount, 
                                multiplied by
                                    ``(II) the cost-of-living 
                                adjustment determined under section 
                                1(f)(3) for such calendar year by 
                                substituting `calendar year 2004' for 
                                `calendar year 1992' in subparagraph 
                                (B) thereof.
                            ``(ii) Rounding.--Any increase under clause 
                        (i) which is not a multiple of $5,000 shall be 
                        rounded to the next lowest multiple of $5,000.
            ``(4) Portion of state ceiling set-aside for certain 
        investment projects involving qualified nonprofit 
        organizations.--
                    ``(A) In general.--At least 10 percent of the State 
                rural investment credit ceiling for any State for any 
                calendar year shall be allocated to qualified rural 
                investment projects described in subparagraph (B).
                    ``(B) Investment projects involving qualified 
                nonprofit organizations.--For purposes of subparagraph 
                (A), a qualified rural investment project is described 
                in this subparagraph if a qualified nonprofit 
                organization is to materially participate (within the 
                meaning of section 469(h)) in the development and 
                operation of the investment project throughout the 
                compliance period.
                    ``(C) Qualified nonprofit organization.--For 
                purposes of this paragraph, the term `qualified 
                nonprofit organization' means any organization if--
                            ``(i) such organization is described in any 
                        paragraph of section 501(c) and is exempt from 
                        tax under section 501(a),
                            ``(ii) such organization is determined by 
                        the State rural investment credit agency not to 
                        be affiliated with or controlled by a for-
                        profit organization; and
                            ``(iii) 1 of the exempt purposes of such 
                        organization includes the fostering of rural 
                        investment.
                    ``(D) Treatment of certain subsidiaries.--
                            ``(i) In general.--For purposes of this 
                        paragraph, a qualified nonprofit organization 
                        shall be treated as satisfying the ownership 
                        and material participation test of subparagraph 
                        (B) if any qualified corporation in which such 
                        organization holds stock satisfies such test.
                            ``(ii) Qualified corporation.--For purposes 
                        of clause (i), the term `qualified corporation' 
                        means any corporation if 100 percent of the 
                        stock of such corporation is held by 1 or more 
                        qualified nonprofit organizations at all times 
                        during the period such corporation is in 
                        existence.
                    ``(E) State may not override set-aside.--Nothing in 
                subparagraph (F) of paragraph (3) shall be construed to 
                permit a State not to comply with subparagraph (A) of 
                this paragraph.
                    ``(F) Credits for qualified nonprofit 
                organizations.--
                            ``(i) Allowance of credit.--Any credit 
                        which would be allowable under subsection (a) 
                        with respect to a qualified rural investment 
                        building of a qualified nonprofit organization 
                        if such organization were not exempt from tax 
                        under this chapter shall be treated as a credit 
                        allowable under subpart C to such organization.
                            ``(ii) Use of credit.--A qualified 
                        nonprofit organization may assign, trade, sell, 
                        or otherwise transfer any credit allowable to 
                        such organization under subparagraph (A) to any 
                        taxpayer.
                            ``(iii) Credit not income.--A transfer 
                        under subparagraph (B) of any credit allowable 
                        under subparagraph (A) shall not result in 
                        income for purposes of section 511.
            ``(5) Special rules.--
                    ``(A) Building must be located within jurisdiction 
                of credit agency.--A rural investment credit agency may 
                allocate its aggregate rural investment credit dollar 
                amount only to buildings located in the jurisdiction of 
                the governmental unit of which such agency is a part.
                    ``(B) Agency allocations in excess of limit.--If 
                the aggregate rural investment credit dollar amounts 
                allocated by a rural investment credit agency for any 
                calendar year exceed the portion of the State rural 
                investment credit ceiling allocated to such agency for 
                such calendar year, the rural investment credit dollar 
                amounts so allocated shall be reduced (to the extent of 
                such excess) for buildings in the reverse of the order 
                in which the allocations of such amounts were made.
                    ``(C) Credit reduced if allocated credit dollar 
                amount is less than credit which would be allowable 
                without regard to sales convention, etc.--
                            ``(i) In general.--The amount of the credit 
                        determined under this section with respect to 
                        any building shall not exceed the clause (ii) 
                        percentage of the amount of the credit which 
                        would (but for this subparagraph) be determined 
                        under this section with respect to such 
                        building.
                            ``(ii) Determination of percentage.--For 
                        purposes of clause (i), the clause (ii) 
                        percentage with respect to any building is the 
                        percentage which--
                                    ``(I) the rural investment credit 
                                dollar amount allocated to such 
                                building bears to
                                    ``(II) the credit amount determined 
                                in accordance with clause (iii).
                            ``(iii) Determination of credit amount.--
                        The credit amount determined in accordance with 
                        this clause is the amount of the credit which 
                        would (but for this subparagraph) be determined 
                        under this section with respect to the building 
                        if this section were applied without regard to 
                        paragraph (2)(A) of subsection (e).
                    ``(D) Rural investment credit agency to specify 
                applicable percentage and maximum eligible basis.--In 
                allocating a rural investment credit dollar amount to 
                any building, the rural investment credit agency shall 
                specify the applicable percentage and the maximum 
                eligible basis which may be taken into account under 
                this section with respect to such building. The 
                applicable percentage and maximum eligible basis so 
                specified shall not exceed the applicable percentage 
                and eligible basis determined under this section 
                without regard to this subsection.
            ``(6) Other definitions.--For purposes of this subsection--
                    ``(A) Rural investment credit agency.--The term 
                `rural investment credit agency' means any agency 
                authorized to carry out this subsection.
                    ``(B) Possessions treated as States.--The term 
                `State' includes a possession of the United States.
            ``(7) Portion of state ceiling set-aside for qualified 
        rural small business investment credits.--Not more than 10 
        percent of the State rural investment credit ceiling for any 
        State for any calendar year may be allocated to qualified rural 
        small business investment credits under section 42B.
    ``(h) Definitions and Special Rules.--For purposes of this 
section--
            ``(1) Compliance period.--The term `compliance period' 
        means, with respect to any building, the period of 10 taxable 
        years beginning with the 1st taxable year of the credit period 
        with respect thereto.
            ``(2) New building.--The term `new building' means a 
        building the original use of which begins with the taxpayer.
            ``(3) Existing building.--The term `existing building' 
        means any building which is not a new building.
            ``(4) Application to estates and trusts.--In the case of an 
        estate or trust, the amount of the credit determined under 
        subsection (a) and any increase in tax under subsection (i) 
        shall be apportioned between the estate or trust and the 
        beneficiaries on the basis of the income of the estate or trust 
        allocable to each.
    ``(i) Recapture of Credit.--If--
            ``(1) as of the close of any taxable year in the compliance 
        period, the amount of the eligible basis of any building with 
        respect to the taxpayer is less than
            ``(2) the amount of such basis as of the close of the 
        preceding taxable year,
        then the taxpayer's tax under this chapter for the taxable year 
        shall be increased by the credit recapture amount determined 
        under rules similar to the rules of section 42(j).
    ``(j) Certifications and Other Reports to Secretary.--
            ``(1) Certification with respect to 1st year of credit 
        period.--Following the close of the 1st taxable year in the 
        credit period with respect to any qualified rural investment 
        building, the taxpayer shall certify to the Secretary (at such 
        time and in such form and in such manner as the Secretary 
        prescribes)--
                    ``(A) the taxable year, and calendar year, in which 
                such building was first placed in service,
                    ``(B) the eligible basis of such building as of the 
                beginning of the credit period,
                    ``(C) the maximum applicable percentage and 
                eligible basis permitted to be taken into account by 
                the appropriate rural investment credit agency under 
                subsection (g),
                    ``(D) the election made under subsection (f) with 
                respect to the qualified rural investment project of 
                which such building is a part, and
                    ``(E) such other information as the Secretary may 
                require.
        In the case of a failure to make the certification required by 
        the preceding sentence on the date prescribed therefor, unless 
        it is shown that such failure is due to reasonable cause and 
        not to willful neglect, no credit shall be allowable by reason 
        of subsection (a) with respect to such building for any taxable 
        year ending before such certification is made.
            ``(2) Annual reports to the secretary.--The Secretary may 
        require taxpayers to submit an information return (at such time 
        and in such form and manner as the Secretary prescribes) for 
        each taxable year setting forth--
                    ``(A) the eligible basis for the taxable year of 
                each qualified rural investment building of the 
                taxpayer,
                    ``(B) the information described in paragraph (1)(C) 
                for the taxable year, and
                    ``(C) such other information as the Secretary may 
                require.
        The penalty under section 6652(j) shall apply to any failure to 
        submit the return required by the Secretary under the preceding 
        sentence on the date prescribed therefor.
            ``(3) Annual reports from rural investment credit 
        agencies.--Each agency which allocates any rural investment 
        credit amount to any building for any calendar year shall 
        submit to the Secretary (at such time and in such manner as the 
        Secretary shall prescribe) an annual report specifying--
                    ``(A) the amount of rural investment credit amount 
                allocated to each building for such year,
                    ``(B) sufficient information to identify each such 
                building and the taxpayer with respect thereto, and
                    ``(C) such other information as the Secretary may 
                require.
        The penalty under section 6652(j) shall apply to any failure to 
        submit the report required by the preceding sentence on the 
        date prescribed therefor.
    ``(k) Responsibilities of Rural Investment Credit Agencies.--
            ``(1) Plans for allocation of credit among investment 
        projects.--
                    ``(A) In general.--Notwithstanding any other 
                provision of this section, the rural investment credit 
                dollar amount with respect to any building shall be 
                zero unless--
                            ``(i) such amount was allocated pursuant to 
                        a qualified rural investment plan of the agency 
                        which is approved by the governmental unit (in 
                        accordance with rules similar to the rules of 
                        section 147(f)(2) (other than subparagraph 
                        (B)(ii) thereof)) of which such agency is a 
                        part,
                            ``(ii) such agency notifies the chief 
                        executive officer (or the equivalent) of the 
                        local jurisdiction within which the building is 
                        located of such investment project and provides 
                        such individual a reasonable opportunity to 
                        comment on the investment project,
                            ``(iii) a comprehensive market study of the 
                        development needs of individuals in the 
                        qualifying county to be served by the 
                        investment project is conducted before the 
                        credit allocation is made and at the 
                        developer's expense by a disinterested party 
                        who is approved by such agency, and
                            ``(iv) a written explanation is available 
                        to the general public for any allocation of a 
                        rural investment credit dollar amount which is 
                        not made in accordance with established 
                        priorities and selection criteria of the rural 
                        investment credit agency.
                    ``(B) Qualified rural investment plan.--For 
                purposes of this section, the term `qualified rural 
                investment plan' means any plan--
                            ``(i) which sets forth selection criteria 
                        to be used to determine priorities of the rural 
                        investment credit agency which are appropriate 
                        to qualifying counties,
                            ``(ii) which also gives preference in 
                        allocating rural investment credit dollar 
                        amounts among selected investment projects to--
                                    ``(I) investment projects that 
                                target those small rural counties with 
                                consistently high rates of net out-
                                migration,
                                    ``(II) investment projects that 
                                link the economic development and job 
                                creation efforts of 2 or more small 
                                rural counties with high rates of net 
                                out-migration, and
                                    ``(III) investment projects that 
                                link the economic development and job 
                                creation efforts of 1 or more small 
                                rural counties in the State with high 
                                rates of net out-migration to related 
                                efforts in regions of such State 
                                experiencing economic growth, and
                            ``(iii) which provides a procedure that the 
                        agency (or an agent or other private contractor 
                        of such agency) will follow in monitoring for 
                        noncompliance with the provisions of this 
                        section and in notifying the Internal Revenue 
                        Service of such noncompliance which such agency 
                        becomes aware of and in monitoring for 
                        noncompliance through regular site visits.
                    ``(C) Certain selection criteria must be used.--The 
                selection criteria set forth in a qualified rural 
                investment plan must include--
                            ``(i) investment project location,
                            ``(ii) technology and transportation 
                        infrastructure needs, and
                            ``(iii) private development trends.
            ``(2) Credit allocated to building not to exceed amount 
        necessary to assure investment project feasibility.--
                    ``(A) In general.--The rural investment credit 
                dollar amount allocated to an investment project shall 
                not exceed the amount the rural investment credit 
                agency determines is necessary for the financial 
                feasibility of the investment project and its viability 
                as a qualified rural investment project throughout the 
                compliance period.
                    ``(B) Agency evaluation.--In making the 
                determination under subparagraph (A), the rural 
                investment credit agency shall consider--
                            ``(i) the sources and uses of funds and the 
                        total financing planned for the investment 
                        project,
                            ``(ii) any proceeds or receipts expected to 
                        be generated by reason of tax benefits,
                            ``(iii) the percentage of the rural 
                        investment credit dollar amount used for 
                        investment project costs other than the cost of 
                        intermediaries, and
                            ``(iv) the reasonableness of the 
                        developmental and operational costs of the 
                        investment project.
                Clause (iii) shall not be applied so as to impede the 
                development of investment projects in hard-to-develop 
                areas.
                    ``(C) Determination made when credit amount applied 
                for and when building placed in service.--
                            ``(i) In general.--A determination under 
                        subparagraph (A) shall be made as of each of 
                        the following times:
                                    ``(I) The application for the rural 
                                investment credit dollar amount.
                                    ``(II) The allocation of the rural 
                                investment credit dollar amount.
                                    ``(III) The date the building is 
                                first placed in service.
                            ``(ii) Certification as to amount of other 
                        subsidies.--Prior to each determination under 
                        clause (i), the taxpayer shall certify to the 
                        rural investment credit agency the full extent 
                        of all Federal, State, and local subsidies 
                        which apply (or which the taxpayer expects to 
                        apply) with respect to the building.
    ``(l) Regulations.--The Secretary shall prescribe such regulations 
as may be necessary or appropriate to carry out the purposes of this 
section, including regulations--
            ``(1) dealing with--
                    ``(A) investment projects which include more than 1 
                building or only a portion of a building,
                    ``(B) buildings which are sold in portions,
            ``(2) providing for the application of this section to 
        short taxable years,
            ``(3) preventing the avoidance of the rules of this 
        section, and
            ``(4) providing the opportunity for rural investment credit 
        agencies to correct administrative errors and omissions with 
        respect to allocations and record keeping within a reasonable 
        period after their discovery, taking into account the 
        availability of regulations and other administrative guidance 
        from the Secretary.''.
    (b) Current Year Business Credit Calculation.--Section 38(b) 
(relating to current year business credit), as amended by this Act, is 
amended by striking ``plus'' at the end of paragraph (16), by striking 
the period at the end of paragraph (17) and inserting ``, plus'', and 
by adding at the end the following:
            ``(18) the rural investment credit determined under section 
        42A(a).''.
    (c) Limitation on Carryback.--Subsection (d) of section 39 
(relating to carryback and carryforward of unused credits), as amended 
by this Act, is amended by adding at the end the following:
            ``(12) No carryback of rural investment credit before 
        effective date.--No portion of the unused business credit for 
        any taxable year which is attributable to the rural investment 
        credit determined under section 42A may be carried back to a 
        taxable year beginning before the date of the enactment of the 
        Jumpstart Our Business Strength (JOBS) Act.''.
    (d) Conforming Amendments.--
            (1) Section 55(c)(1) is amended by inserting ``or 
        subsection (i) or (j) of section 42A'' after ``section 42''.
            (2) Subsections (i)(c)(3), (i)(c)(6)(B)(i), and (k)(1) of 
        section 469 are each amended by inserting ``or 42A'' after 
        ``section 42''.
            (3) Section 772(a) is amended by striking ``and'' at the 
        end of paragraph (10), by redesignating paragraph (11) as 
        paragraph (12), and by inserting after paragraph (10) the 
        following:
            ``(11) the rural investment credit determined under section 
        42A, and''.
            (4) Section 774(b)(4) is amended by inserting ``, 42A(i),'' 
        after ``section 42(j)''.
    (e) Clerical Amendment.--The table of sections for subpart D of 
part IV of subchapter A of chapter 1 is amended by inserting after the 
item relating to section 42 the following:

                              ``Sec. 42A. Rural investment credit.''.
    (f) Effective Date.--The amendments made by this section shall 
apply to expenditures made in taxable years beginning after the date of 
the enactment of this Act.

SEC. 634. QUALIFIED RURAL SMALL BUSINESS INVESTMENT CREDIT.

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

``SEC. 42B. QUALIFIED RURAL SMALL BUSINESS INVESTMENT CREDIT.

    ``(a) In General.--For purposes of section 38, in the case of a 
qualified rural small business, the amount of the qualified rural small 
business investment credit determined under this section for any 
taxable year is equal to 30 percent of the qualified expenditures for 
the taxable year of such business.
    ``(b) Dollar Limitation.--
            ``(1) In general.--The credit allowable under subsection 
        (a) for any taxable year shall not exceed the lesser of--
                    ``(A) $5,000, or
                    ``(B) the amount when added to the aggregate 
                credits allowable to the taxpayer under subsection (a) 
                for all preceding taxable years does not exceed 
                $25,000.
            ``(2) No double credit allowed.--In the case of any 
        qualified rural small business which places in service a 
        qualified rural investment building with respect to which a 
        rural investment credit is allowed under section 42A for any 
        taxable year, paragraph (1)(A) shall be applied with respect to 
        such taxable year by substituting `zero' for `$5,000'.
    ``(c) Qualified Rural Small Business.--For purposes of this 
section, the term `qualified rural small business' means any person if 
such person--
            ``(1) employed not more than 5 full-time employees during 
        the taxable year,
            ``(2) materially and substantially participates in 
        management,
            ``(3) is located in a qualifying county, and
            ``(4) submitted a qualified business plan with respect to 
        which the rural investment credit agency with jurisdiction over 
        such qualifying county has allocated a portion of the State 
        rural investment ceiling for such taxable year under section 
        42A(g)(7).
For purposes of paragraph (1), an employee shall be considered full-
time if such employee is employed at least 30 hours per week for 20 or 
more calendar weeks in the taxable year.
    ``(d) Qualified Expenditures.--For purposes of this section--
            ``(1) In general.--The term `qualified expenditures' means 
        expenditures normally associated with starting or expanding a 
        business and included in a qualified business plan, including 
        costs for capital, plant and equipment, inventory expenses, and 
        wages, but not including interest costs.
            ``(2) Only certain expenditures included for existing 
        businesses.--In the case of a qualified rural small business 
        with respect to which a credit under subsection (a) was allowed 
        for a preceding taxable year, such term shall include only so 
        much of the expenditures described in paragraph (1) for the 
        taxable year as exceed the aggregate of such expenditures for 
        the preceding taxable year.
    ``(e) Qualified Business Plan.--For purposes of this section, the 
term `qualified business plan' means a business plan which--
            ``(1) has been approved by the rural investment credit 
        agency with jurisdiction over the qualifying county in which 
        the qualified rural small business is located pursuant to such 
        agency's rural investment plan, and
            ``(2) meets such requirements as the agency may specify.
    ``(f) Denial of Double Benefit.--In the case of the amount of the 
credit determined under this section--
            ``(1) no deduction or credit shall be allowed for such 
        amount under any other provision of this chapter, and
            ``(2) no increase in the adjusted basis of any property 
        shall result from such amount.
    ``(g) Definitions and Special Rules.--For purposes of this 
section--
            ``(1) any term which is used in this section which is used 
        in section 42A shall have the meaning given such term by 
        section 42A, and
            ``(2) rules similar to the rules under subsections (j)(2), 
        (j)(3), and (k) of section 42A shall apply.''.
    (b) Current Year Business Credit Calculation.--Section 38(b) 
(relating to current year business credit), as amended by this Act, is 
amended by striking ``plus'' at the end of paragraph (17), by striking 
the period at the end of paragraph (18) and inserting ``, plus'', and 
by adding at the end the following:
            ``(19) the qualified rural small business investment credit 
        determined under section 42B(a).''.
    (c) Limitation on Carryback.--Subsection (d) of section 39 
(relating to carryback and carryforward of unused credits), as amended 
by this Act, is amended by adding at the end the following:
            ``(13) No carryback of qualified rural small business 
        investment credit before effective date.--No portion of the 
        unused business credit for any taxable year which is 
        attributable to the qualified rural small business investment 
        credit determined under section 42B may be carried back to a 
        taxable year beginning before the date of the enactment of the 
        Jumpstart Our Business Strength (JOBS) Act.''.
    (d) Clerical Amendment.--The table of sections for subpart D of 
part IV of subchapter A of chapter 1, as amended by this Act, is 
amended by inserting after the item relating to section 42A the 
following:

                              ``Sec. 42B. Qualified rural small 
                                        business investment credit.''.
    (e) Effective Date.--The amendments made by this section shall 
apply to expenditures made in taxable years beginning after the date of 
the enactment of this Act.

SEC. 635. CREDIT FOR MAINTENANCE OF RAILROAD TRACK.

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

``SEC. 45I. RAILROAD TRACK MAINTENANCE CREDIT.

    ``(a) General Rule.--For purposes of section 38, the railroad track 
maintenance credit determined under this section for the taxable year 
is an amount equal to 30 percent of the qualified railroad track 
maintenance expenditures paid or incurred by an eligible taxpayer 
during the taxable year.
    ``(b) Limitation.--The credit allowed under subsection (a) for any 
taxable year shall not exceed the product of--
            ``(1) $3,500, and
            ``(2) the number of miles of railroad track owned or leased 
        by the eligible taxpayer as of the close of the taxable year.
    ``(c) Eligible taxpayer.--For purposes of this section, the term 
`eligible taxpayer' means--
            ``(1) any Class II or Class III railroad, and
            ``(2) any person who transports property using the rail 
        facilities of a person described in paragraph (1) or who 
        furnishes railroad-related property or services to such a 
        person.
    ``(d) Qualified Railroad Track Maintenance Expenditures.--For 
purposes of this section, the term `qualified railroad track 
maintenance expenditures' means expenditures (whether or not otherwise 
chargeable to capital account) for maintaining railroad track 
(including roadbed, bridges, and related track structures) owned or 
leased as of January 1, 2005, by a Class II or Class III railroad.
    ``(e) Other Definitions and Special Rules.--
            ``(1) Class ii or Class iii railroad.--For purposes of this 
        section, the terms `Class II railroad' and `Class III railroad' 
        have the meanings given such terms by the Surface 
        Transportation Board.
            ``(2) Controlled groups.--Rules similar to the rules of 
        paragraph (1) of section 41(f) shall apply for purposes of this 
        section.
            ``(3) Basis adjustment.--For purposes of this subtitle, if 
        a credit is allowed under this section with respect to any 
        railroad track, the basis of such track shall be reduced by the 
        amount of the credit so allowed.
    ``(f) Application of Section.--This section shall apply to 
qualified railroad track maintenance expenditures paid or incurred 
during taxable years beginning after December 31, 2004, and before 
January 1, 2008.''.
    (b) Limitation on Carryback.--Section 39(d) (relating to transition 
rules), as amended by this Act, is amended by adding at the end the 
following new paragraph:
            ``(14) No carryback of railroad track maintenance credit 
        before effective date.--No portion of the unused business 
        credit for any taxable year which is attributable to the 
        railroad track maintenance credit determined under section 45I 
        may be carried to a taxable year beginning before January 1, 
        2005.''.
    (c) Conforming Amendments.--
            (1) Section 38(b) (relating to general business credit), as 
        amended by this Act, is amended by striking ``plus'' at the end 
        of paragraph (18), by striking the period at the end of 
        paragraph (19) and inserting ``, plus'', and by adding at the 
        end the following new paragraph:
            ``(20) the railroad track maintenance credit determined 
        under section 45I(a).''.
            (2) Subsection (a) of section 1016, as amended by this Act, 
        is amended by striking ``and'' at the end of paragraph (28), by 
        striking the period at the end of paragraph (29) and inserting 
        ``, and'', and by adding at the end the following new 
        paragraph:
            ``(30) in the case of railroad track with respect to which 
        a credit was allowed under section 45I, to the extent provided 
        in section 45I(e)(3).''.
    (d) Clerical Amendment.--The table of sections for subpart D of 
part IV of subchapter A of chapter 1, as amended by this Act, is 
amended by inserting after the item relating to section 45H the 
following new item:

                              ``Sec. 45I. Railroad track maintenance 
                                        credit.''.
    (e) Effective Date.--The amendments made by this section shall 
apply to taxable years beginning after December 31, 2004.

SEC. 636. RAILROAD REVITALIZATION AND SECURITY INVESTMENT CREDIT.

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

``SEC. 45J. RAILROAD REVITALIZATION AND SECURITY INVESTMENT CREDIT.

    ``(a) General Rule.--For purposes of section 38, the railroad 
revitalization and security investment credit determined under this 
section for the taxable year is the amount equal to 50 percent of the 
qualified project expenditures paid or incurred by the taxpayer during 
the taxable year.
    ``(b) Qualified Project Expenditures.--
            ``(1) In general.--For purposes of this section, the term 
        `qualified project expenditures' means, with respect to any 
        project for intercity passenger rail transportation (as defined 
        under section 24102 of title 49, United States Code) which is 
        included in a State rail plan, expenditures (whether or not 
        otherwise chargeable to capital account) for--
                    ``(A) planning,
                    ``(B) environmental review and environmental impact 
                mitigation,
                    ``(C) track and track structure rehabilitation, 
                relocation, improvement, and development,
                    ``(D) railroad safety and security improvements,
                    ``(E) communications and signaling improvements,
                    ``(F) intercity passenger rail equipment 
                acquisition, and
                    ``(G) rail station and intermodal facilities 
                development.
            ``(2) Exceptions.--An expenditure shall not be treated as a 
        qualified project expenditure unless all persons which conduct 
        rail operations over the infrastructure with respect to which 
        such an expenditure is made--
                    ``(A) are employers for purposes of the Railroad 
                Retirement Act of 1974 and are carriers for purposes of 
                the Railway Labor Act (unless such a person is an 
                operator with respect to commuter rail passenger 
                transportation (as defined in section 24102(4) of title 
                49, United States Code) of a State or local government 
                authority (as such terms are defined in section 5302 of 
                such title) eligible to receive financial assistance 
                under section 5307 of such title, a contractor 
                performing services in connection with the operations 
                with respect to commuter rail passenger transportation 
                (as so defined), or the Alaska Railroad or its 
                contractors),
                    ``(B) provide assurances to the State that any 
                collective bargaining agreements with such a person's 
                employees (including terms regulating the contracting 
                of work) will remain in full force and effect according 
                to the terms of the agreements for work performed for 
                such a person on the railroad transportation corridor, 
                and
                    ``(C) comply with the protective agreements 
                established under section 504 of the Railroad 
                Revitalization and Regulatory Reform Act of 1976 with 
                respect to employees affected by actions taken in 
                connection with the project.
    ``(c) Limitation.--
            ``(1) In general.--The amount of the credit allowed under 
        subsection (a) for any taxable year with respect to any project 
        for which qualified project expenditures are made shall not 
        exceed the limitation allocated to such project under this 
        subsection for the calendar year in which the taxable year 
        begins.
            ``(2) State limitation.--
                    ``(A) In general.--There is a State railroad 
                revitalization and security investment credit 
                limitation for each calendar year. Such limitation is 
                the amount which bears the same ratio to $165,000,000 
                as the allocation number for such State bears to the 
                allocation number for all States.
                    ``(B) Allocation number.--For purposes of 
                subparagraph (A), the allocation number is, with 
                respect to any State, the sum of the following:
                            ``(i) The number of railroad and public 
                        road at grade crossings on intercity passenger 
                        rail routes within the State.
                            ``(ii) The number of intercity passenger 
                        train miles within the State.
                            ``(iii) The number of intercity 
                        embarkations and disembarkations for each 
                        passenger within the State.
            ``(3) Unused credit carryovers allocated among certain 
        states.--
                    ``(A) In general.--The unused credit carryover for 
                all States for any calendar year shall be reallocated 
                to each qualified State in an amount which bears the 
                same ratio to the unused credit carryover for all 
                States for the calendar as the allocation number for 
                such qualified State bears to the allocation number for 
                all qualified States.
                    ``(B) Unused credit carryover.--For purposes of 
                this paragraph, the term `unused credit carryover' 
                means, with respect to any State, the excess of the 
                State limitation (determined under paragraph (2)) for 
                the calendar year over the amount allocated by the 
                State under paragraph (4) for such calendar year.
                    ``(C) Qualified states.--For purposes of this 
                paragraph, the term `qualified State' means any State--
                            ``(i) which allocated its entire State 
                        limitation amount under paragraph (4) for the 
                        calendar year, and
                            ``(ii) for which a request is made to 
                        receive an allocation under this paragraph.
            ``(4) Allocation within states.--Each State shall allocate 
        the limitation amount allocated to such State under paragraphs 
        (2) and (3) to projects for intercity passenger rail 
        transportation which are included in the State rail plan of 
        such State.
            ``(5) New york city rail projects.--
                    ``(A) In general.--In addition to the amounts 
                allocated under paragraph (2), the Secretary shall 
                allocate a limitation of $200,000,000 to New York City, 
                New York, for qualified project expenditures within the 
                New York Liberty Zone (as defined in section 1400L(h)) 
                for the period described in subsection (h).
                    ``(B) Allocation among projects.--Of the limitation 
                allocated under subparagraph (A)--
                            ``(i) $100,000,000 shall be allocated to 
                        projects designated by the Mayor of New York 
                        City, New York, and
                            ``(ii) $100,000,000 shall be allocated to 
                        projects designated by the Governor of New 
                        York.
                    ``(C) Special rule regarding qualified project 
                expenditures.--For purposes of this paragraph, a 
                qualified project expenditure shall include any 
                expenditure for improvements to subway systems, for 
                commuter rail systems, for rail links to airports, and 
                for public infrastructure improvements in the vicinity 
                of rail or subway stations.
    ``(d) State rail plan.--For purposes of this section, the term 
`State rail plan' means a plan prepared and maintained in accordance 
with chapter 225 of title 49, United States Code.
    ``(e) Basis Adjustment.--For purposes of this subtitle, if a credit 
is allowed under this section with respect to any property, the basis 
of such property shall be reduced by the amount of the credit so 
allowed.
    ``(f) No Double Benefit.--No credit shall be allowed under this 
section with respect to any expenditures for which a credit is allowed 
under section 45I.
    ``(g) Credit Transferability.--Any credit allowable under this 
section may be transferred (but not more than once) if--
            ``(1) the credit exceeds the tax liability of the taxpayer 
        for the taxable year, or
            ``(2) the taxpayer is not subject to any tax imposed by 
        this chapter by reason of having a tax-exempt status.
    ``(h) Application of Section.--This section shall apply to 
qualified project expenditures paid or incurred during taxable years 
beginning after December 31, 2004, and before January 1, 2008.''.
            (2) Limitation on carryback.--Section 39(d) (relating to 
        transition rules), as amended by this Act, is amended by adding 
        at the end the following new paragraph:
            ``(15) No carryback of section 45j credit before effective 
        date.--No portion of the unused business credit for any taxable 
        year which is attributable to the credit determined under 
        section 45J(a) may be carried back to any taxable year 
        beginning before January 1, 2005.''.
            (3) Conforming Amendments.--
                    (A) Section 38(b) (relating to general business 
                credit), as amended by this Act, is amended by striking 
                ``plus'' at the end of paragraph (19), by striking the 
                period at the end of paragraph (20) and inserting ``, 
                plus'', and by adding at the end the following new 
                paragraph:
            ``(21) the railroad revitalization and security investment 
        credit determined under section 45J(a).''.
                    (B) Subsection (a) of section 1016, as amended by 
                this Act, is amended by striking ``and'' at the end of 
                paragraph (29), by striking the period at the end of 
                paragraph (30) and inserting ``, and'', and by adding 
                at the end the following new paragraph:
            ``(31) in the case of property with respect to which a 
        credit was allowed under section 45J, to the extent provided in 
        section 45J(e).''.
            (4) Clerical Amendment.--The table of sections for subpart 
        D of part IV of subchapter A of chapter 1, as amended by this 
        Act, is amended by inserting after the item relating to section 
        45I the following new item:

                              ``Sec. 45J. Railroad revitalization and 
                                        security investment credit.''.
            (5) Effective Date.--The amendments made by this section 
        shall apply to taxable years beginning after December 31, 2004.
    (b) State rail plans.--
            (1) In general.--Part B of subtitle V of title 49, United 
        States Code, is amended by adding at the end the following:

                    ``CHAPTER 225--STATE RAIL PLANS

        ``Sec.
        ``22501. Authority.
        ``22502. Purposes.
        ``22503. Transparency; coordination.
        ``22504. Content.
        ``22505. Approval.
        ``22506. Definitions.
``Sec. 22501. Authority
    ``(a) In General.--Each State may prepare and maintain a State rail 
plan in accordance with the provisions of this chapter.
    ``(b) Requirements.--For the preparation and periodic revision of a 
State rail plan, a State shall--
            ``(1) establish or designate a State rail transportation 
        authority to prepare, maintain, coordinate, and administer the 
        plan;
            ``(2) establish or designate a State rail plan approval 
        authority to approve the plan;
            ``(3) make the State's approved plan available to the 
        public and transmit a copy to the Secretary of Transportation; 
        and
            ``(4) revise the plan no less frequently than once every 5 
        years.
``Sec. 22502. Purposes
    ``(a) Purposes.--The purposes of a State rail plan are as follows:
            ``(1) To set forth State policy involving freight and 
        passenger rail transportation, including commuter rail 
        operations, in the State.
            ``(2) To present priorities and strategies to enhance rail 
        service in the State that benefits the public.
            ``(3) To serve as the basis for Federal and State rail 
        investments within the State.
    ``(b) Content.--The State rail plan shall establish the period 
covered by such plan.
    ``(c) Consistency With State Transportation Efforts.--A State rail 
plan shall be consistent with the State transportation planning goals 
and programs and shall set forth rail transportation's role within the 
State transportation system.
``Sec. 22503. Transparency; coordination
    ``(a) Preparation.--A State shall provide adequate and reasonable 
notice and opportunity for comment and other input on a proposed State 
rail plan under this chapter to the following:
            ``(1) The public.
            ``(2) Rail carriers.
            ``(3) Commuter and transit authorities operating in, or 
        affected by rail operations within, the State.
            ``(4) Units of local government.
            ``(5) Other parties interested in the preparation and 
        review of the State rail plan.
    ``(b) Intergovernmental Coordination.--A State shall review the 
freight and passenger rail service activities and initiatives of 
regional planning agencies, regional transportation authorities, and 
municipalities within the State, or in the region in which the State is 
located, while preparing the plan, and shall include any 
recommendations made by such agencies, authorities, and municipalities 
as deemed appropriate by the State.
``Sec. 22504. Content
    ``(a) In General.--Each State rail plan shall contain the 
following:
            ``(1) An inventory of the existing overall rail 
        transportation system and rail services and facilities within 
        the State and an analysis of the role of rail transportation 
        within the State's surface transportation system.
            ``(2) A comprehensive review of all rail lines within the 
        State, including proposed high speed rail corridors and 
        significant rail line segments not currently in service.
            ``(3) A statement of the State's passenger rail service 
        objectives, including minimum service levels, for intercity 
        passenger rail transportation routes in the State.
            ``(4) A general analysis of rail's transportation, 
        economic, and environmental impacts in the State, including 
        congestion mitigation, trade and economic development, air 
        quality, land-use, energy-use, and community impacts.
            ``(5) A long-range rail investment program for current and 
        future freight and passenger infrastructure in the State that 
        meets the requirements of subsection (b).
            ``(6) A statement of public financing issues for rail 
        projects and service in the State, including a list of current 
        and prospective public capital and operating funding resources, 
        public subsidies, State taxation, and other financial policies 
        relating to rail infrastructure development.
            ``(7) An identification of rail infrastructure issues 
        within the State that reflects consultation with all relevant 
        stake holders.
            ``(8) A review of major passenger and freight intermodal 
        rail connections and facilities within the State, including 
        seaports, and prioritized options to maximize service 
        integration and efficiency between rail and other modes of 
        transportation within the State.
            ``(9) A review of publicly funded projects within the State 
        to improve rail transportation safety and security, including 
        all major projects funded under section 130 of title 23.
            ``(10) A performance evaluation of passenger rail services 
        operating in the State, including possible improvements in 
        those services, and a description of strategies to achieve 
        those improvements.
            ``(11) A compilation of studies and reports on high-speed 
        rail corridor development within the State not included in a 
        previous plan under this chapter, and a plan for funding any 
        recommended development of such corridors in the State.
            ``(12) A statement that the State satisfies the conditions 
        set forth in section 22102.
    ``(b) Long-Range Service and Investment Program.--
            ``(1) Program content.--A long-range rail investment 
        program included in a State rail plan under subsection (a)(5) 
        shall include the following matters:
                    ``(A) Two lists for rail capital projects, 1 list 
                for freight rail capital projects and 1 list for 
                intercity passenger rail capital projects.
                    ``(B) A detailed funding plan for the projects.
            ``(2) Project list content.--The lists of freight and 
        intercity passenger rail capital projects shall contain--
                    ``(A) a description of the anticipated public and 
                private benefits of each such project; and
                    ``(B) a statement of the correlation between--
                            ``(i) public funding contributions for the 
                        projects; and
                            ``(ii) the public benefits.
            ``(3) Considerations for project list.--In preparing the 
        list of freight and intercity passenger rail capital projects, 
        a State rail transportation authority shall take into 
        consideration the following matters:
                    ``(A) Contributions made by non-Federal and non-
                State sources through user fees, matching funds, or 
                other private capital involvement.
                    ``(B) Rail capacity and congestion effects.
                    ``(C) Effects to highway, aviation, and maritime 
                capacity, congestion, or safety.
                    ``(D) Regional balance.
                    ``(E) Environmental impact.
                    ``(F) Economic and employment impacts.
                    ``(G) Projected ridership and other service 
                measures for passenger rail projects.
``Sec. 22505. Approval
    ``The State rail plan approval authority established or designated 
under section 22501(b)(2) may approve a State rail plan for the 
purposes of this chapter if--
            ``(1) the plan meets all of the requirements applicable to 
        State plans under this chapter;
            ``(2) for each ready-to-commence project listed on the 
        ranked list of freight and intercity passenger rail capital 
        improvement projects under the plan--
                    ``(A) the project meets all safety and 
                environmental requirements, including those prescribed 
                under the National Environmental Policy Act of 1969 (42 
                U.S.C. 4331 et seq.) that are applicable to the project 
                under law; and
                    ``(B) the State has entered into an agreement with 
                any owner of rail infrastructure or right-of-way 
                directly affected by the project that provides for the 
                State to proceed with the project and includes 
                assurances regarding capacity and compensation for use 
                of such infrastructure or right-of-way, if applicable; 
                and
            ``(3) the content of the plan is coordinated with State 
        transportation plans developed pursuant to section 135 of title 
        23.
``Sec. 22506. Definitions
    ``In this chapter:
            ``(1) Private benefit.--The term `private benefit'--
                    ``(A) means a benefit accrued to a person or 
                private entity, other than the National Railroad 
                Passenger Corporation, that directly improves the 
                economic and competitive condition of that person or 
                entity through improved assets, cost reductions, 
                service improvements, or other means; and
                    ``(B) shall be determined on a project-by-project 
                basis, based upon an agreement between the State and 
                the affected persons or private entities.
            ``(2) Public benefit.--The term `public benefit'--
                    ``(A) means a benefit accrued to the public in the 
                form of enhanced mobility of people or goods, 
                environmental protection or enhancement, congestion 
                mitigation, enhanced trade and economic development, 
                improved air quality or land use, more efficient energy 
                use, enhanced public safety or security, reduction of 
                public expenditures due to improved transportation 
                efficiency or infrastructure preservation, and other 
                positive community effects; and
                    ``(B) shall be determined on a project-by-project 
                basis, based upon an agreement between the State and 
                the persons or private entities involved in the 
                project.
            ``(3) State.--The term `State' means any of the 50 States 
        and the District of Columbia.
            ``(4) State rail transportation authority.--The term `State 
        rail transportation authority' means the State agency or 
        official responsible under the direction of the Chief Executive 
        of the State or a State law for preparation, maintenance, 
        coordination, and administration of the State rail plan under 
        this chapter.''.
            (2) Clerical amendment.--The table of chapters at the 
        beginning of subtitle V of title 49, United States Code, is 
        amended by inserting after the item relating to chapter 223 the 
        following:

``225. STATE RAIL PLANS........................................22501.''.

SEC. 637. MODIFICATION OF TARGETED AREAS DESIGNATED FOR NEW MARKETS TAX 
              CREDIT.

    (a) In General.--Paragraph (2) of section 45D(e) is amended to read 
as follows:
            ``(2) Targeted populations.--The Secretary shall prescribe 
        regulations under which 1 or more targeted populations (within 
        the meaning of section 103(20) of the Riegle Community 
        Development and Regulatory Improvement Act of 1994 (12 U.S.C. 
        4702(20))) may be treated as low-income communities. Such 
        regulations shall include procedures for determining which 
        entities are qualified active low-income community businesses 
        with respect to such populations.''.
    (b) Effective Date.--The amendment made by this section shall apply 
to designations made by the Secretary of the Treasury after the date of 
the enactment of this Act.

SEC. 638. MODIFICATION OF INCOME REQUIREMENT FOR CENSUS TRACTS WITHIN 
              HIGH MIGRATION RURAL COUNTIES.

    (a) In general.--Section 45D(e) (relating to low-income community) 
is amended by adding at the end the following new paragraph:
            ``(4) Modification of income requirement for census tracts 
        within high migration rural counties.--
                    ``(A) In general.--In the case of a population 
                census tract located within a high migration rural 
                county, paragraph (1)(B)(i) shall be applied by 
                substituting `85 percent' for `80 percent'.
                    ``(B) High migration rural county.--For purposes of 
                this paragraph, the term `high migration rural county' 
                means any county which, during the 20-year period 
                ending with the year in which the most recent census 
                was conducted, has a net out-migration of inhabitants 
                from the county of at least 10 percent of the 
                population of the county at the beginning of such 
                period.''.
    (b) Effective Date.--The amendment made by this section shall take 
effect as if included in the amendment made by section 121(a) of the 
Community Renewal Tax Relief Act of 2000.

SEC. 639. CREDIT FOR INVESTMENT IN TECHNOLOGY TO MAKE MOTION PICTURES 
              MORE ACCESSIBLE TO THE DEAF AND HARD OF HEARING.

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

``SEC. 45T. EXPENDITURES TO PROVIDE ACCESS TO MOTION PICTURES FOR THE 
              DEAF AND HARD OF HEARING.

    ``(a) General Rule.--For purposes of section 38, in the case of an 
eligible taxpayer, the motion picture accessibility credit for any 
taxable year shall be an amount equal to 50 percent of the qualified 
expenditures made by the eligible taxpayer during the taxable year.
    ``(b) Eligible Taxpayer.--For purposes of this section, the term 
`eligible taxpayer' means a taxpayer who is in the business of--
            ``(1) showing motion pictures to the public in theaters, or
            ``(2) producing or distributing such motion pictures.
    ``(c) Qualified Expenditures.--For purposes of this section, the 
term `qualified expenditures' means amounts paid or incurred by the 
taxpayer for the purpose of making motion pictures accessible to 
individuals who are deaf or hard of hearing through the use of 
captioning technology.
    ``(d) Basis Adjustment.--For purposes of this subtitle, if a credit 
is allowed under this section with respect to any property, the basis 
of such property shall be reduced by the amount of the credit so 
allowed.
    ``(e) No Double Benefit.--In the case of the credit determined 
under this section, no deduction or credit shall be allowed for such 
amount under any other provision of this chapter.''.
            (2) Conforming amendments.--
                    (A) Section 38(b) (relating to general business 
                credit), as amended by this Act, is amended by striking 
                ``plus'' at the end of paragraph (30), by striking the 
                period at the end of paragraph (31) and inserting ``, 
                plus'', and by adding at the end the following new 
                paragraph:
            ``(32) the motion picture accessibility credit determined 
        under section 45T(a).''.
                    (B) Subsection (a) of section 1016, as amended by 
                this Act, is amended by striking ``and'' at the end of 
                paragraph (38), by striking the period at the end of 
                paragraph (39) and inserting ``, and'', and by adding 
                at the end the following new paragraph:
            ``(40) in the case of property with respect to which a 
        credit was allowed under section 45T, to the extent provided in 
        section 45T(d).''.
    (b) Limitation on Carryback.--Section 39(d) (relating to transition 
rules) is amended by adding at the end the following new paragraph:
            ``(16) No carryback of motion picture accessibility credit 
        before effective date.--No portion of the unused business 
        credit for any taxable year which is attributable to the motion 
        picture accessibility credit determined under section 45T may 
        be carried to a taxable year beginning before January 1, 
        2004.''.
    (c) Clerical Amendment.--The table of sections for subpart D of 
part IV of subchapter A of chapter 1, as amended by this Act, is 
amended by inserting after the item relating to section 45S the 
following new item:

                              ``Sec. 45T. Expenditures to provide 
                                        access to motion pictures for 
                                        the deaf and hard of 
                                        hearing.''.
    (d) Effective Date.--The amendments made by this section shall 
apply to taxable years beginning after December 31, 2003.

                  Subtitle E--Miscellaneous Provisions

SEC. 641. 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), as amended by this Act, is amended 
by adding at the end the following new paragraph:
            ``(19) 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 stop-
                                loss 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.''
    (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)(19) 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) Effective Date.--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. 642. MODIFICATION OF UNRELATED BUSINESS INCOME LIMITATION ON 
              INVESTMENT IN CERTAIN DEBT-FINANCED PROPERTIES.

    (a) In General.--Section 514(c)(6) (relating to acquisition 
indebtedness) is amended--
            (1) by striking ``include an obligation'' and inserting 
        ``include--
                    ``(A) an obligation'',
            (2) by striking the period at the end and inserting ``, 
        or'', and
            (3) by adding at the end the following:
                    ``(B) indebtedness incurred by a small business 
                investment company licensed under the Small Business 
                Investment Act of 1958 which is evidenced by a 
                debenture--
                            ``(i) issued by such company under section 
                        303(a) of such Act, and
                            ``(ii) held or guaranteed by the Small 
                        Business Administration.''.
    (b) Effective Date.--The amendments made by this section shall 
apply to acquisitions made on or after the date of the enactment of 
this Act.

SEC. 643. 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 (29 
        U.S.C. 1681 et seq.).
            ``(9) The Employee Polygraph Protection Act of 1988 (29 
        U.S.C. 201 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 Fderal, 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 December 31, 2002, with respect to 
any judgment or settlement occurring after such date.

SEC. 644. EXCLUSION FOR PAYMENTS TO INDIVIDUALS UNDER NATIONAL HEALTH 
              SERVICE CORPS LOAN REPAYMENT PROGRAM AND CERTAIN STATE 
              LOAN REPAYMENT PROGRAMS.

    (a) In General.--Section 108(f) (relating to student loans) is 
amended by adding at the end the following new paragraph:
            ``(4) Payments under national health service corps loan 
        repayment program and certain state loan repayment programs.--
        In the case of an individual, gross income shall not include 
        any amount received under section 338B(g) of the Public Health 
        Service Act or under a State program described in section 338I 
        of such Act.''.
    (b) Treatment for Purposes of Employment Taxes.--Each of the 
following provisions is amended by inserting ``108(f)(4),'' after 
``74(c),'':
            (1) Section 3121(a)(20).
            (2) Section 3231(e)(5).
            (3) Section 3306(b)(16).
            (4) Section 3401(a)(19).
            (5) Section 209(a)(17) of the Social Security Act.
    (c) Effective Date.--The amendments made by this section shall 
apply to amounts received by an individual in taxable years beginning 
after December 31, 2003.

SEC. 645. CERTAIN EXPENSES OF RURAL LETTER CARRIERS.

    (a) In General.--Section 162(o) (relating to treatment of certain 
reimbursed expenses of rural mail carriers) is amended by redesignating 
paragraph (2) as paragraph (3) and by inserting after paragraph (1) the 
following:
            ``(2) Special rule where expenses exceed reimbursements.--
        Notwithstanding paragraph (1)(A), if the expenses incurred by 
        an employee for the use of a vehicle in performing services 
        described in paragraph (1) exceed the qualified reimbursements 
        for such expenses, such excess shall be taken into account in 
        computing the miscellaneous itemized deductions of the employee 
        under section 67.''.
    (b) Conforming Amendment.--The heading for section 162(o) is 
amended by striking ``Reimbursed''.
    (c) Effective Date.--The amendments made by this section shall 
apply to taxable years beginning after December 31, 2003.

SEC. 646. 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.
    (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. 647. 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 2004 and 2005.--In the case 
of any taxable year of a stock life insurance company beginning after 
December 31, 2003, and before January 1, 2006--
            ``(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, 2003.

SEC. 648. PAYMENT OF DIVIDENDS ON STOCK OF COOPERATIVES WITHOUT 
              REDUCING PATRONAGE DIVIDENDS.

    (a) In General.--Subsection (a) of section 1388 (relating to 
patronage dividend defined) is amended by adding at the end the 
following new sentence: ``For purposes of paragraph (3), net earnings 
shall not be reduced by amounts paid during the year as dividends on 
capital stock or other proprietary capital interests of the 
organization to the extent that the articles of incorporation or bylaws 
of such organization or other contract with patrons provide that such 
dividends are in addition to amounts otherwise payable to patrons which 
are derived from business done with or for patrons during the taxable 
year.''.
    (b) Effective Date.--The amendment made by this section shall apply 
to distributions in taxable years beginning after the date of the 
enactment of this Act.

SEC. 649. SPECIAL RULES FOR LIVESTOCK SOLD ON ACCOUNT OF WEATHER-
              RELATED CONDITIONS.

    (a) Replacement of Livestock With Other Farm Property.--Subsection 
(f) of section 1033 (relating to involuntary conversions) is amended--
            (1) by inserting ``drought, flood, or other weather-related 
        conditions, or'' after ``because of'',
            (2) by inserting ``in the case of soil contamination or 
        other environmental contamination'' after ``including real 
        property'', and
            (3) by striking ``Where There Has Been Environmental 
        Contamination'' in the heading and inserting ``in Certain 
        Cases''.
    (b) Extension of Replacement Period of Involuntarily Converted 
Livestock.--Subsection (e) of section 1033 (relating to involuntary 
conversions) is amended--
            (1) by striking ``Conditions.--For purposes'' and inserting 
        ``Conditions.--
            ``(1) In general.--For purposes'', and
            (2) by adding at the end the following new paragraph:
            ``(2) Extension of replacement period.--
                    ``(A) In general.--In the case of drought, flood, 
                or other weather-related conditions described in 
                paragraph (1) which result in the area being designated 
                as eligible for assistance by the Federal Government, 
                subsection (a)(2)(B) shall be applied with respect to 
                any converted property by substituting `4 years' for `2 
                years'.
                    ``(B) Further extension by secretary.--The 
                Secretary may extend on a regional basis the period for 
                replacement under this section (after the application 
                of subparagraph (A)) for such additional time as the 
                Secretary determines appropriate if the weather-related 
                conditions which resulted in such application continue 
                for more than 3 years.''.
    (c) Income Inclusion Rules.--Section 451(e) (relating to special 
rule for proceeds from livestock sold on account of drought, flood, or 
other weather-related conditions) is amended by adding at the end the 
following new paragraph:
            ``(3) Special election rules.--If section 1033(e)(2) 
        applies to a sale or exchange of livestock described in 
        paragraph (1), the election under paragraph (1) shall be deemed 
        valid if made during the replacement period described in such 
        section.''.
    (d) Effective Date.--The amendments made by this section shall 
apply to taxable years beginning after December 31, 2001.

SEC. 650. MOTOR VEHICLE DEALER TRANSITIONAL ASSISTANCE.

    (a) In General.--For purposes of subtitle A of the Internal Revenue 
Code of 1986, in the case of a taxpayer who elects the application of 
this section and who was a party to a motor vehicle sales and service 
agreement with a motor vehicle manufacturer who announced in December 
2000 that it would phase-out the motor vehicle brand to which such 
agreement relates--
            (1) amounts received by such taxpayer from such 
        manufacturer on account of the termination of such agreement 
        (hereafter in this section referred to as ``termination 
        payment'') are considered to be received for property used in 
        the trade or business of a motor vehicle retail sales and 
        service dealership, and
            (2) to the extent such termination payment is reinvested in 
        property used in a motor vehicle retail sales and service 
        dealership located within the United States, such property 
        shall qualify as like-kind replacement property to which 
        section 1031 of the Internal Revenue Code of 1986 shall apply 
        with the following modifications:
                    (A) Such section shall be applied without regard to 
                subparagraphs (A) and (B)(ii) of subsection (a)(3).
                    (B) The period described in section 1031(a)(3)(B) 
                of such Code shall be applied by substituting ``2 
                years'' for ``180 days''.
    (b) Rules for Election.--
            (1) Form of election.--The taxpayer shall make an election 
        under this section in such form and manner as the Secretary of 
        the Treasury may prescribe and shall include in such election 
        the amount of the termination payment received, the 
        identification of the replacement property purchased, and such 
        other information as the Secretary may prescribe.
            (2) Election on amended return.--The Secretary of the 
        Treasury shall permit an election under this section on an 
        amended tax return for taxable years beginning before the date 
        of the enactment of this Act.
    (c) Statute of Limitations.--Notwithstanding the provisions of any 
other law or rule of law, the statutory period for the assessment for 
any deficiency attributable to any termination payment gain shall be 
extended until 3 years after the date the Secretary of the Treasury is 
notified by the taxpayer of the like-kind replacement property or an 
intention not to replace.
    (d) Effective Date.--This section shall apply to amounts received 
after December 12, 2000, in taxable years ending after such date.

SEC. 651. EXPANSION OF DESIGNATED RENEWAL COMMUNITY AREA BASED ON 2000 
              CENSUS DATA.

    (a) Renewal Communities.--Section 1400E (relating to designation of 
renewal communities) is amended by adding at the end the following new 
subsection:
    ``(g) Expansion of Designated Areas.--
            ``(1) Expansion based on 2000 Census.--At the request of 
        the nominating entity with respect to a renewal community, the 
        Secretary of Housing and Urban Development may expand the area 
        of a renewal community to include any census tract--
                    ``(A) which, at the time such community was 
                nominated, met the requirements of this section for 
                inclusion in such community but for the failure of such 
                tract to meet 1 or more of the population and poverty 
                rate requirements of this section using 1990 census 
                data, and
                    ``(B) which meets all failed population and poverty 
                rate requirements of this section using 2000 census 
                data.
            ``(2) Expansion to certain areas which do not meet 
        population requirements.--
                    ``(A) In general.--At the request of 1 or more 
                local governments and the State or States in which an 
                area described in subparagraph (B) is located, the 
                Secretary of Housing and Urban Development may expand a 
                designated area to include such area.
                    ``(B) Area.--An area is described in this 
                subparagraph if--
                            ``(i) the area is adjacent to at least 1 
                        other area designated as a renewal community,
                            ``(ii) the area has a population less than 
                        the population required under subsection 
                        (c)(2)(C), and
                            ``(iii)(I) the area meets the requirements 
                        of subparagraphs (A) and (B) of subsection 
                        (c)(2) and subparagraph (A) of subsection 
                        (c)(3), or
                            ``(II) the area contains a population of 
                        less than 100 people.
            ``(3) Applicability.--Any expansion of a renewal community 
        under this section shall take effect as provided in subsection 
        (b).''.
    (b) Effective Date.--The amendment made by this subsection shall 
take effect as if included in the amendments made by section 101 of the 
Community Renewal Tax Relief Act of 2000.

SEC. 652. REDUCTION OF HOLDING PERIOD TO 12 MONTHS FOR PURPOSES OF 
              DETERMINING WHETHER HORSES ARE SECTION 1231 ASSETS.

    (a) In General.--Subparagraph (A) of section 1231(b)(3) (relating 
to definition of property used in the trade or business) is amended by 
striking ``and horses''.
    (b) Effective Date.--The amendment made by this section shall apply 
to taxable years beginning after December 31, 2003.

SEC. 653. BLUE RIBBON COMMISSION ON COMPREHENSIVE TAX REFORM.

    (a) Establishment.--
            (1) In general.--There is established the ``Blue Ribbon 
        Commission on Comprehensive Tax Reform'' (in this section 
        referred to as the ``Commission'').
            (2) Membership.--
                    (A) Composition.--The Commission shall be composed 
                of 17 members of whom--
                            (i) 3 shall be appointed by the majority 
                        leader of the Senate;
                            (ii) 3 shall be appointed by the minority 
                        leader of the Senate;
                            (iii) 3 shall be appointed by the Speaker 
                        of the House of Representatives;
                            (iv) 3 shall be appointed by the minority 
                        leader of the House of Representatives; and
                            (v) 5 shall be appointed by the President, 
                        of which no more than 3 shall be of the same 
                        party as the President.
                    (B) Federal employees.--The members of the 
                Commission may be employees or former employees of the 
                Federal Government.
                    (C) Date.--The appointments of the members of the 
                Commission shall be made not later than October 30, 
                2004.
            (3) Period of appointment; vacancies.--Members shall be 
        appointed for the life of the Commission. Any vacancy in the 
        Commission shall not affect its powers, but shall be filled in 
        the same manner as the original appointment.
            (4) Initial meeting.--Not later than 30 days after the date 
        on which all members of the Commission have been appointed, the 
        Commission shall hold its first meeting.
            (5) Meetings.--The Commission shall meet at the call of the 
        Chairman.
            (6) Quorum.--A majority of the members of the Commission 
        shall constitute a quorum, but a lesser number of members may 
        hold hearings.
            (7) Chairman and vice chairman.--The President shall select 
        a Chairman and Vice Chairman from among its members.
    (b) Duties of the Commission.--
            (1) Study.--The Commission shall conduct a thorough study 
        of all matters relating to a comprehensive reform of the 
        Federal tax system, including the reform of the Internal 
        Revenue Code of 1986 and the implementation (if appropriate) of 
        other types of tax systems.
            (2) Recommendations.--The Commission shall develop 
        recommendations on how to comprehensively reform the Federal 
        tax system in a manner that generates appropriate revenue for 
        the Federal Government.
            (3) Report.--Not later than 18 months after the date on 
        which all initial members of the commission have been appointed 
        pursuant to subsection (a)(2), the Commission shall submit a 
        report to the President and Congress which shall contain a 
        detailed statement of the findings and conclusions of the 
        Commission, together with its recommendations for such 
        legislation and administrative actions as it considers 
        appropriate.
    (c) Powers of the Commission.--
            (1) Hearings.--The Commission may hold such hearings, sit 
        and act at such times and places, take such testimony, and 
        receive such evidence as the Commission considers advisable to 
        carry out this Act.
            (2) Information from federal agencies.--The Commission may 
        secure directly from any Federal department or agency such 
        information as the Commission considers necessary to carry out 
        this Act. Upon request of the Chairman of the Commission, the 
        head of such department or agency shall furnish such 
        information to the Commission.
            (3) Postal services.--The Commission may use the United 
        States mails in the same manner and under the same conditions 
        as other departments and agencies of the Federal Government.
            (4) Gifts.--The Commission may accept, use, and dispose of 
        gifts or donations of services or property.
    (d) Commission Personnel Matters.--
            (1) Compensation of members.--Each member of the Commission 
        who is not an officer or employee of the Federal Government 
        shall be compensated at a rate equal to the daily equivalent of 
        the annual rate of basic pay prescribed for level IV of the 
        Executive Schedule under section 5315 of title 5, United States 
        Code, for each day (including travel time) during which such 
        member is engaged in the performance of the duties of the 
        Commission. All members of the Commission who are officers or 
        employees of the United States shall serve without compensation 
        in addition to that received for their services as officers or 
        employees of the United States.
            (2) Travel expenses.--The members of the Commission shall 
        be allowed travel expenses, including per diem in lieu of 
        subsistence, at rates authorized for employees of agencies 
        under subchapter I of chapter 57 of title 5, United States 
        Code, while away from their homes or regular places of business 
        in the performance of services for the Commission.
            (3) Staff.--
                    (A) In general.--The Chairman of the Commission 
                may, without regard to the civil service laws and 
                regulations, appoint and terminate an executive 
                director and such other additional personnel as may be 
                necessary to enable the Commission to perform its 
                duties. The employment of an executive director shall 
                be subject to confirmation by the Commission.
                    (B) Compensation.--The Chairman of the Commission 
                may fix the compensation of the executive director and 
                other personnel without regard to chapter 51 and 
                subchapter III of chapter 53 of title 5, United States 
                Code, relating to classification of positions and 
                General Schedule pay rates, except that the rate of pay 
                for the executive director and other personnel may not 
                exceed the rate payable for level V of the Executive 
                Schedule under section 5316 of such title.
            (4) Detail of government employees.--Any Federal Government 
        employee may be detailed to the Commission without 
        reimbursement, and such detail shall be without interruption or 
        loss of civil service status or privilege.
            (5) Procurement of temporary and intermittent services.--
        The Chairman of the Commission may procure temporary and 
        intermittent services under section 3109(b) of title 5, United 
        States Code, at rates for individuals which do not exceed the 
        daily equivalent of the annual rate of basic pay prescribed for 
        level V of the Executive Schedule under section 5316 of such 
        title.
    (e) Termination of the Commission.--The Commission shall terminate 
90 days after the date on which the Commission submits its report under 
subsection (b).
    (f) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as are necessary to the Commission to carry out 
this section.

SEC. 654. TREATMENT OF DISTRIBUTIONS BY ESOPS WITH RESPECT TO S 
              CORPORATION STOCK.

    (a) In General.--Section 4975(d) of the Internal Revenue Code of 
1986 is amended by adding at the end the following new flush sentences:
``A plan shall not be treated as violating the requirements of section 
401, 409, or subsection (e)(7), or as engaging in a prohibited 
transaction for purposes of paragraph (3), merely by reason of any 
distribution described in section 1368(a) with respect to S corporation 
stock which constitutes qualifying employer securities if the 
distribution is, in accordance with the plan provisions, used to make 
payments on a loan described in paragraph (3) the proceeds of which 
were used to acquire the qualifying employer securities (whether or not 
allocated to participants). The preceding sentence shall not apply in 
the case of a distribution which is paid with respect to any employer 
security which is allocated to a participant unless the plan provides 
that employer securities with a fair market value of not less than the 
amount of such distribution are allocated to such participant for the 
year which (but for the preceding sentence) such distribution would 
have been allocated to such participant.''
    (b) Effective Date.--The amendment made by this section shall take 
effect on January 1, 1998.

SEC. 655. CLARIFICATION OF WORKING CAPITAL FOR REASONABLY ANTICIPATED 
              NEEDS OF A BUSINESS FOR PURPOSES OF ACCUMULATED EARNINGS 
              TAX.

    (a) In General.--Section 537(b) (relating to special rules) is 
amended by adding at the end the following new paragraph:
            ``(6) Working capital.--The reasonably anticipated needs of 
        a business for any taxable year shall include working capital 
        for the business in an amount which is not less than the sum of 
        the cost of goods, operating expenses, taxes, and interest 
        expense which the business incurred during the preceding 
        taxable year. Any amounts incurred as part of a plan a 
        principal purpose of which is to increase the limitation under 
        this subsection shall not be taken into account.''.
    (b) Effective Date.--The amendment made by this section shall apply 
to taxable years beginning after December 31, 2003, and before January 
1, 2009.

SEC. 656. TAX TREATMENT OF STATE OWNERSHIP OF RAILROAD REAL ESTATE 
              INVESTMENT TRUST.

    (a) In General.--If a State owns all of the outstanding stock of a 
corporation which is a real estate investment trust, which is a non-
operating class III railroad, and substantially all of the activities 
of which consist of the ownership, leasing, and operation by such 
corporation of facilities, equipment, and other property used by the 
corporation or other persons in railroad transportation, then, for 
purposes of section 115 of the Internal Revenue Code of 1986--
            (1) income derived from such activities by the corporation 
        shall be treated as accruing to the State, and
            (2) such activities shall be treated as the exercise of an 
        essential governmental function of the State to the extent such 
        activities are of a type which are an essential government 
        function (within the meaning of section 115 of such Code).
    (b) Gain or Loss Not Recognized on Conversion.--Notwithstanding 
section 337(d) of the Internal Revenue Code of 1986--
            (1) no gain or loss shall be recognized under section 336 
        or 337 of such Code, and
            (2) no change in basis of the property of such corporation 
        shall occur,
because of any change of status of the corporation to a tax-exempt 
entity by reason of the application of subsection (a).
    (c) Tax-Exempt Financing.--Any obligation issued by an entity 
described in subsection (a) shall be treated as an obligation of the 
State for purposes of applying section 103 and part IV of subchapter B 
of chapter 1 of the Internal Revenue Code of 1986.
    (d) Definitions.--For purposes of this section--
            (1) Real estate investment trust.--The term ``real estate 
        investment trust'' has the meaning given such term by section 
        856(a) of the Internal Revenue Code of 1986.
            (2) Non-operating class iii railroad.--The term ``non-
        operating class III railroad'' has the meaning given such term 
        by part A of subtitle IV of title 49, United States Code (49 
        U.S.C. 10101 et seq.) and the regulations thereunder.
            (3) State.--The term ``State'' includes--
                    (A) the District of Columbia and any possession of 
                the United States, and
                    (B) any authority, agency, or public corporation of 
                a State.
    (e) Applicability.--
            (1) In general.--Except as provided in paragraph (2), this 
        section shall apply on and after the date on which a State 
        becomes the owner of all of the outstanding stock of a 
        corporation described in subsection (a).
            (2) Exception.--This section shall not apply to any State 
        which--
                    (A) becomes the owner of all of the voting stock of 
                a corporation described in subsection (a) after 
                December 31, 2003, or
                    (B) becomes the owner of all of the outstanding 
                stock of a corporation described in subsection (a) 
                after December 31, 2005.

SEC. 657. CLARIFICATION OF CONTRIBUTION IN AID OF CONSTRUCTION FOR 
              WATER AND SEWERAGE DISPOSAL UTILITIES.

    (a) In General.--Subparagraph (A) of section 118(c)(3) (relating to 
definitions) is amended to read as follows:
                    ``(A) Contribution in aid of construction.--The 
                term `contribution in aid of construction' shall be 
                defined by regulations prescribed by the Secretary, 
                except that such term--
                            ``(i) shall include amounts paid as 
                        customer connection fees (including amounts 
                        paid to connect the customer's water service 
                        line or sewer lateral line to the utility's 
                        distribution or collection system or extend a 
                        main water or sewer line to provide service to 
                        a customer), and
                            ``(ii) shall not include amounts paid as 
                        service charges for starting or stopping 
                        services.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
apply to contributions made after the date of the enactment of this 
Act.

SEC. 658. CREDIT FOR PURCHASE AND INSTALLATION OF AGRICULTURAL WATER 
              CONSERVATION SYSTEMS.

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

``SEC. 30B. PURCHASE AND INSTALLATION OF AGRICULTURAL WATER 
              CONSERVATION SYSTEMS.

    ``(a) Allowance of Credit.--In the case of an eligible taxpayer, 
there shall be allowed as a credit against the tax imposed by this 
chapter for the taxable year an amount equal to 30 percent of the water 
conservation system expenses paid or incurred by the taxpayer during 
such year.
    ``(b) Limitations.--The credit allowed by subsection (a) with 
respect to any acre of land which is served by a water conservation 
system shall not exceed the excess of--
            ``(1) $500, over
            ``(2) the amount of credit allowed under this section with 
        respect to such acre for all prior taxable years.
    ``(c) Definitions.--For purposes of this section--
            ``(1) Eligible taxpayer.--The term `eligible taxpayer' 
        means any taxpayer if--
                    ``(A) at least 50 percent of such taxpayer's gross 
                income is normally derived from farm land, and
                    ``(B) such taxpayer complies with all Federal, 
                State, and local water rights and environmental laws.
            ``(2) Water conservation system expenses.--
                    ``(A) In general.--The term `water conservation 
                system expenses' means expenses for the purchase and 
                installation of a water conservation system but only 
                if--
                            ``(i) the land served by the water 
                        conservation system is entirely in a county or 
                        county-equivalent area which has received, in 
                        the taxable year the expenses were paid or 
                        incurred or in any of the 3 preceding taxable 
                        years, a primary-county designation due to 
                        drought by the Secretary of Agriculture, and
                            ``(ii) such system is certified as saving 
                        at least 5 percent more irrigation water than 
                        the irrigation system which was used on such 
                        land immediately prior to the installation of 
                        such water conservation system.
                For purposes of clause (ii), irrigation water savings 
                shall be determined and certified under regulations 
                prescribed jointly by the Natural Resources 
                Conservation Service of the Department of Agriculture 
                and the Bureau of Reclamation of the Department of the 
                Interior. Such regulations shall include a list of 
                individuals or organizations qualified to make such 
                certification.
                    ``(B) Water conservation system.--The term `water 
                conservation system' means, with respect to farm land--
                            ``(i) new or replacement irrigation 
                        equipment and machinery, including sprinklers, 
                        pipes, siphons, nozzles, pumps, motors, and 
                        engines, and
                            ``(ii) computer systems for irrigation and 
                        water management.
                    ``(C) Farm land.--The term `farm land' means land 
                used in a trade or business by the taxpayer or a tenant 
                of the taxpayer for--
                            ``(i) the production of crops, fruits, or 
                        other agricultural products,
                            ``(ii) the raising, harvesting, or growing 
                        of trees, or
                            ``(iii) the sustenance of livestock.
    ``(d) Year Expenditure Made.--For purposes of this section, an 
expenditure with respect to a water conservation system shall be 
treated as made when the original installation of the system is 
completed.
    ``(e) Limitation Based on Amount of Tax.--
            ``(1) Liability for tax.--The credit allowable under 
        subsection (a) for any taxable year shall not exceed the excess 
        (if any) of--
                    ``(A) the regular tax for the taxable year, reduced 
                by the sum of the credits allowable under subpart A and 
                the preceding sections of this subpart, over
                    ``(B) the tentative minimum tax for the taxable 
                year.
            ``(2) Carryforward of unused credit.--If the amount of the 
        credit allowable under subsection (a) for any taxable year 
        exceeds the limitation under paragraph (1) for the taxable 
        year, the excess shall be carried to the succeeding taxable 
        year and added to the amount allowable as a credit under 
        subsection (a) for such succeeding taxable year.
    ``(f) Denial of Double Benefit.--No deduction shall be allowed 
under this chapter with respect to any expense which is taken into 
account in determining the credit under this section, and any increase 
in the basis of any property which would (but for this subsection) 
result from such expense shall be reduced by the amount of credit 
allowed under this section for such expense.
    ``(g) Termination.--This section shall not apply to amounts paid or 
incurred with respect any water conservation system the installation of 
which is completed after December 31, 2006.''.
    (b) Technical Amendment.--Subsection (a) of section 1016, as 
amended by this Act, is amended by striking ``and'' at the end of 
paragraph (30), by striking the period at the end of paragraph (31) and 
inserting ``; and'', and by adding at the end the following new 
paragraph:
            ``(32) to the extent provided in section 30B(f), in the 
        case of amounts with respect to which a credit has been allowed 
        under section 30B.''.
    (c) Clerical Amendment.--The table of sections for subpart B of 
part IV of subchapter A of chapter 1 is amended by adding at the end 
the following new item:

                              ``Sec. 30B. Purchase and installation of 
                                        agricultural water conservation 
                                        systems.''.
    (d) Effective Date.--The amendments made by this section shall 
apply to amounts paid or incurred after the date of the enactment of 
this Act with respect any water conservation system the installation of 
which is completed after December 31, 2004.

SEC. 659. MODIFICATION OF INVOLUNTARY CONVERSION RULES FOR BUSINESSES 
              AFFECTED BY THE SEPTEMBER 11TH TERRORIST ATTACKS.

    (a) In General.--Subsection (g) of section 1400L is amended to read 
as follows:
    ``(g) Modification of Rules Applicable to Nonrecognition of Gain.--
In the case of property which is compulsorily or involuntarily 
converted as a result of the terrorist attacks on September 11, 2001, 
in the New York Liberty Zone--
            ``(1) which was held by a corporation which is a member of 
        an affiliated group filing a consolidated return, such 
        corporation shall be treated as satisfying the purchase 
        requirement of section 1033(a)(2) with respect to such property 
        to the extent such requirement is satisfied by another member 
        of the group, and
            ``(2) notwithstanding subsections (g) and (h) of section 
        1033, clause (i) of section 1033(a)(2)(B) shall be applied by 
        substituting `5 years' for `2 years' with respect to property 
        which is compulsorily or involuntarily converted as a result of 
        the terrorist attacks on September 11, 2001, in the New York 
        Liberty Zone but only if substantially all of the use of the 
        replacement property is in the City of New York, New York.''.
    (b) Effective Date.--The amendments made by this Act shall apply to 
involuntary conversions occurring on or after September 11, 2001.

SEC. 660. REPEAL OF APPLICATION OF BELOW-MARKET LOAN RULES TO AMOUNTS 
              PAID TO CERTAIN CONTINUING CARE FACILITIES.

    (a) In General.--Section 7872(c)(1) (relating to below-market loans 
to which section applies) is amended--
            (1) by striking subparagraph (F), and
            (2) by striking ``(C), or (F)'' in subparagraph (E) and 
        inserting ``or (C)''.
    (b) Full Exception.--Section 7872(g) (relating to exception for 
certain loans to qualified continuing care facilities) is amended--
            (1) by striking ``made by a lender to a qualified 
        continuing care facility pursuant to a continuing care 
        contract'' in paragraph (1) and inserting ``owed by a facility 
        which on the last day of such year is a qualified continuing 
        care facility, if such loan was made pursuant to a continuing 
        care contract and'',
            (2) by striking ``increased personal care services or'' in 
        paragraph (3)(C),
            (3) by adding at the end of paragraph (3) the following new 
        flush sentence:
        ``The Secretary shall issue guidance which limits such term to 
        contracts which provide to an individual or individual's spouse 
        only facilities, care, and services described in this paragraph 
        which are customarily offered by continuing care facilities.'',
            (4) by inserting ``independent living unit'' after ``all of 
        the'' in paragraph (4)(A)(ii),
            (5) by striking paragraphs (2) and (5),
            (6) by redesignating paragraphs (3) and (4) as paragraphs 
        (2) and (3), respectively, and
            (7) by striking ``Certain'' in the heading thereof.
    (c) Effective Date.--The amendments made by this section shall 
apply to calendar years beginning after 2004.

SEC. 661. GOLD, SILVER, PLATINUM, AND PALLADIUM TREATED IN THE SAME 
              MANNER AS STOCKS AND BONDS FOR MAXIMUM CAPITAL GAINS RATE 
              FOR INDIVIDUALS.

    (a) In General.--Section 1(h)(5) (relating to definition of 
collectibles gain and loss) is amended--
            (1) by striking ``(as defined in section 408(m) without 
        regard to paragraph (3) thereof)'' in subparagraph (A) thereof, 
        and
            (2) by adding at the end the following new subparagraph:
                    ``(C) Collectible.--For purposes of this paragraph, 
                the term `collectible' has the meaning given such term 
                by section 408(m), except that in applying paragraph 
                (3)(B) thereof the determination of whether any bullion 
                is excluded from treatment as a collectible shall be 
                made without regard to the person who is in physical 
                possession of the bullion.''
    (b) Effective Date.--The amendments made by subsection (a) shall 
apply to taxable years beginning after December 31, 2003.

SEC. 662. 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:
            ``(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.

                     Subtitle F--Revenue Provisions

                   PART I--GENERAL REVENUE PROVISIONS

SEC. 661A. TREASURY REGULATIONS ON FOREIGN TAX CREDIT.

    Section 901, as amended by this Act, is amended by redesignating 
subsection (m) as subsection (n) and by inserting after subsection (l) 
the following new subsection:
    ``(m) Regulations.--The Secretary may prescribe regulations 
disallowing a credit under subsection (a) for all or a portion of any 
foreign tax, or allocating a foreign tax among 2 or more persons, in 
cases where the foreign tax is imposed on any person in respect of 
income of another person or in other cases involving the inappropriate 
separation of the foreign tax from the related foreign income.''.

SEC. 662B. FREEZE OF PROVISIONS REGARDING SUSPENSION OF INTEREST WHERE 
              SECRETARY FAILS TO CONTACT TAXPAYER.

    (a) In General.--Section 6404(g) (relating to suspension of 
interest and certain penalties where Secretary fails to contact 
taxpayer) is amended by striking ``1-year period (18-month period in 
the case of taxable years beginning before January 1, 2004)'' both 
places it appears and inserting ``18-month period''.
    (b) Exception for Gross Misstatement.--Section 6404(g)(2) (relating 
to exceptions) is amended by striking ``or'' at the end of subparagraph 
(C), by redesignating subparagraph (D) as subparagraph (E), and by 
inserting after subparagraph (C) the following new subparagraph:
                    ``(D) any interest, penalty, addition to tax, or 
                additional amount with respect to any gross 
                misstatement; or''.
    (c) Exception for Listed and Reportable Transactions.--Section 
6404(g)(2) (relating to exceptions), as amended by subsection (b), is 
amended by striking ``or'' at the end of subparagraph (D), by 
redesignating subparagraph (E) as subparagraph (F), and by inserting 
after subparagraph (D) the following new subparagraph:
                    ``(E) any interest, penalty, addition to tax, or 
                additional amount with respect to any reportable 
                transaction or listed transaction (as defined in 
                6707A(c)); or''.
    (d) Effective Dates.--
            (1) In general.--Except as provided in paragraph (2), the 
        amendments made by this section shall apply to taxable years 
        beginning after December 31, 2003.
            (2) Exception for reportable or listed transactions.--The 
        amendments made by subsection (c) shall apply with respect to 
        interest accruing after May 5, 2004.

               PART II--PENSION AND DEFERRED COMPENSATION

SEC. 671. TREATMENT OF NONQUALIFIED DEFERRED COMPENSATION PLANS.

    (a) In General.--Subpart A of part I of subchapter D of chapter 1 
is amended by adding at the end the following new section:

``SEC. 409A. INCLUSION IN GROSS INCOME OF DEFERRED COMPENSATION UNDER 
              NONQUALIFIED DEFERRED COMPENSATION PLANS.

    ``(a) Rules Relating to Constructive Receipt.--
            ``(1) In general.--
                    ``(A) Gross income inclusion.--If at any time 
                during a taxable year a nonqualified deferred 
                compensation plan--
                            ``(i) fails to meet the requirements of 
                        paragraphs (2), (3), (4), and (5), or
                            ``(ii) is not operated in accordance with 
                        such requirements,
                all compensation deferred under the plan for the 
                taxable year and all preceding taxable years shall be 
                includible in gross income for the taxable year to the 
                extent not subject to a substantial risk of forfeiture 
                and not previously included in gross income.
                    ``(B) Interest and additional tax payable with 
                respect to previously deferred compensation.--
                            ``(i) In general.--If compensation is 
                        required to be included in gross income under 
                        subparagraph (A) for a taxable year, the tax 
                        imposed by this chapter for the taxable year of 
                        inclusion shall be increased by the sum of--
                                    ``(I) the amount of interest 
                                determined under clause (ii), and
                                    ``(II) an amount equal to 10 
                                percent of the compensation which is 
                                required to be included in gross 
                                income.
                            ``(ii) Interest.--For purposes of clause 
                        (i), the interest determined under this clause 
                        for any taxable year is the amount of interest 
                        at the underpayment rate on the underpayments 
                        that would have occurred had the deferred 
                        compensation been includible in gross income 
                        for the taxable year in which first deferred 
                        or, if later, the first taxable year in which 
                        such deferred compensation is not subject to a 
                        substantial risk of forfeiture.
            ``(2) Distributions.--
                    ``(A) In general.--The requirements of this 
                paragraph are met if the plan provides that 
                compensation deferred under the plan may not be 
                distributed earlier than--
                            ``(i) except as provided in subparagraph 
                        (B)(i), separation from service (as determined 
                        by the Secretary),
                            ``(ii) the date the participant becomes 
                        disabled (within the meaning of subparagraph 
                        (C)),
                            ``(iii) death,
                            ``(iv) a specified time (or pursuant to a 
                        fixed schedule) specified under the plan as of 
                        the date of the deferral of such compensation,
                            ``(v) to the extent provided by the 
                        Secretary, a change in the ownership or 
                        effective control of the corporation, or in the 
                        ownership of a substantial portion of the 
                        assets of the corporation, or
                            ``(vi) the occurrence of an unforeseeable 
                        emergency.
                    ``(B) Special rules.--
                            ``(i) Separation from service of specified 
                        employees.--In the case of specified employees, 
                        the requirement of subparagraph (A)(i) is met 
                        only if distributions may not be made earlier 
                        than 6 months after the date of separation from 
                        service. For purposes of the preceding 
                        sentence, a specified employee is a key 
                        employee (as defined in section 416(i)) of a 
                        corporation the stock in which is publicly 
                        traded on an established securities market or 
                        otherwise.
                            ``(ii) Changes in ownership or control.--In 
                        the case of a participant who is subject to the 
                        requirements of section 16(a) of the Securities 
                        Exchange Act of 1934, the requirement of 
                        subparagraph (A)(v) is met only if 
                        distributions may not be made earlier than 1 
                        year after the date of the change in ownership 
                        or effective control.
                            ``(iii) Unforeseeable emergency.--For 
                        purposes of subparagraph (A)(vi)--
                                    ``(I) In general.--The term 
                                `unforeseeable emergency' means a 
                                severe financial hardship to the 
                                participant or beneficiary resulting 
                                from a sudden and unexpected illness or 
                                accident of the participant or 
                                beneficiary, the participant's or 
                                beneficiary's spouse, or the 
                                participant's or beneficiary's 
                                dependent (as defined in section 
                                152(a)), loss of the participant's or 
                                beneficiary's property due to casualty, 
                                or other similar extraordinary and 
                                unforeseeable circumstances arising as 
                                a result of events beyond the control 
                                of the participant or beneficiary.
                                    ``(II) Limitation on 
                                distributions.--The requirement of 
                                subparagraph (A)(vi) is met only if, as 
                                determined under regulations of the 
                                Secretary, the amounts distributed with 
                                respect to an emergency do not exceed 
                                the amounts necessary to satisfy such 
                                emergency plus amounts necessary to pay 
                                taxes reasonably anticipated as a 
                                result of the distribution, after 
                                taking into account the extent to which 
                                such hardship is or may be relieved 
                                through reimbursement or compensation 
                                by insurance or otherwise or by 
                                liquidation of the participant's or 
                                beneficiary's assets (to the extent the 
                                liquidation of such assets would not 
                                itself cause severe financial 
                                hardship).
                    ``(C) Disabled.--For purposes of subparagraph 
                (A)(ii), a participant shall be considered disabled if 
                the participant--
                            ``(i) is unable to engage in any 
                        substantial gainful activity by reason of any 
                        medically determinable physical or mental 
                        impairment which can be expected to result in 
                        death or can be expected to last for a 
                        continuous period of not less than 12 months, 
                        or
                            ``(ii) is, by reason of any medically 
                        determinable physical or mental impairment 
                        which can be expected to result in death or can 
                        be expected to last for a continuous period of 
                        not less than 12 months, receiving income 
                        replacement benefits for a period of not less 
                        than 3 months under an accident and health plan 
                        covering employees of the participant's 
                        employer.
            ``(3) Investment options.--The requirements of this 
        paragraph are met if the plan provides that the investment 
        options a participant may elect under the plan--
                    ``(A) are comparable to the investment options 
                which a participant may elect under the defined 
                contribution plan of the employer which--
                            ``(i) meets the requirement of section 
                        401(a) and includes a trust exempt from 
                        taxation under section 501(a), and
                            ``(ii) has the fewest investment options, 
                        or
                    ``(B) if there is no such defined contribution 
                plan, meet such requirements as the Secretary may 
                prescribe (including requirements limiting such options 
                to permissible investment options specified by the 
                Secretary).
            ``(4) Acceleration of benefits.--The requirements of this 
        paragraph are met if the plan does not permit the acceleration 
        of the time or schedule of any payment under the plan, except 
        as provided by the Secretary in regulations.
            ``(5) Elections.--
                    ``(A) In general.--The requirements of this 
                paragraph are met if the requirements of subparagraphs 
                (B) and (C) are met.
                    ``(B) Initial deferral decision.--The requirements 
                of this subparagraph are met if the plan provides that 
                compensation for services performed during a taxable 
                year may be deferred at the participant's election only 
                if the election to defer such compensation is made 
                during the preceding taxable year or at such other time 
                as provided in regulations. In the case of the first 
                year in which a participant becomes eligible to 
                participate in the plan, such election may be made with 
                respect to services to be performed subsequent to the 
                election within 30 days after the date the participant 
                becomes eligible to participate in such plan.
                    ``(C) Changes in time and form of distribution.--
                The requirements of this subparagraph are met if, in 
                the case of a plan which permits under a subsequent 
                election a delay in a payment or a change in the form 
                of payment--
                            ``(i) the plan requires that such election 
                        may not take effect until at least 12 months 
                        after the date on which the election is made,
                            ``(ii) in the case an election related to a 
                        payment not described in clause (ii), (iii), or 
                        (vi) of paragraph (2)(A), the plan requires 
                        that the first payment with respect to which 
                        such election is made be deferred for a period 
                        of not less than 5 years from the date such 
                        payment would otherwise have been made, and
                            ``(iii) the plan requires that any election 
                        related to a payment described in paragraph 
                        (2)(A)(iv) may not be made less than 12 months 
                        prior to the date of the first scheduled 
                        payment under such paragraph.
                A plan shall be treated as failing to meet the 
                requirements of this subparagraph if the plan permits 
                more than 1 subsequent election to delay any payment.
    ``(b) Rules Relating to Funding.--
            ``(1) Offshore property in a trust.--In the case of assets 
        set aside (directly or indirectly) in a trust (or other 
        arrangement determined by the Secretary) for purposes of paying 
        deferred compensation under a nonqualified deferred 
        compensation plan, such assets shall be treated for purposes of 
        section 83 as property transferred in connection with the 
        performance of services whether or not such assets are 
        available to satisfy claims of general creditors--
                    ``(A) at the time set aside if such assets are 
                located outside of the United States, or
                    ``(B) at the time transferred if such assets are 
                subsequently transferred outside of the United States.
        This paragraph shall not apply to assets located in a foreign 
        jurisdiction if substantially all of the services to which the 
        nonqualified deferred compensation relates are performed in 
        such jurisdiction.
            ``(2) Employer's financial health.--In the case of a 
        nonqualified deferred compensation plan, there is a transfer of 
        property within the meaning of section 83 as of the earlier 
        of--
                    ``(A) the date on which the plan first provides 
                that assets will become restricted to the provision of 
                benefits under the plan in connection with a change in 
                the employer's financial health, or
                    ``(B) the date on which assets are so restricted.
            ``(3) Income inclusion for offshore trusts and employer's 
        financial health.--For each taxable year that assets treated as 
        transferred under this subsection remain set aside in a trust 
        or other arrangement subject to paragraph (1) or (2), any 
        increase in value in, or earnings with respect to, such assets 
        shall be treated as an additional transfer of property under 
        this subsection (to the extent not previously included in 
        income).
            ``(4) Interest on tax liability payable with respect to 
        transferred property.--
                    ``(A) In general.--If amounts are required to be 
                included in gross income by reason of paragraph (1) or 
                (2) for a taxable year, the tax imposed by this chapter 
                for such taxable year shall be increased by the sum 
                of--
                            ``(i) the amount of interest determined 
                        under subparagraph (B), and
                            ``(ii) an amount equal to 10 percent of the 
                        amounts required to be included in gross 
                        income.
                    ``(B) Interest.--For purposes of subparagraph (A), 
                the interest determined under this subparagraph for any 
                taxable year is the amount of interest at the 
                underpayment rate on the underpayments that would have 
                occurred had the amounts so required to be included in 
                gross income by paragraph (1) or (2) been includible in 
                gross income for the taxable year in which first 
                deferred or, if later, the first taxable year in which 
                such amounts are not subject to a substantial risk of 
                forfeiture.
    ``(c) No Inference on Earlier Income Inclusion.--Nothing in this 
section shall be construed to prevent the inclusion of amounts in gross 
income under any other provision of this chapter or any other rule of 
law earlier than the time provided in this section. Any amount included 
in gross income under this section shall not be required to be included 
in gross income under any other provision of this chapter or any other 
rule of law later than the time provided in this section.
    ``(d) Other Definitions and Special Rules.--For purposes of this 
section--
            ``(1) Nonqualified deferred compensation plan.--The term 
        `nonqualified deferred compensation plan' means any plan that 
        provides for the deferral of compensation, other than--
                    ``(A) a qualified employer plan, and
                    ``(B) any bona fide vacation leave, sick leave, 
                compensatory time, disability pay, or death benefit 
                plan.
            ``(2) Qualified employer plan.--The term `qualified 
        employer plan' means--
                    ``(A) any plan, contract, pension, account, or 
                trust described in subparagraph (A) or (B) of section 
                219(g)(5), and
                    ``(B) any eligible deferred compensation plan 
                (within the meaning of section 457(b)) of an employer 
                described in section 457(e)(1)(A).
            ``(3) Plan includes arrangements, etc.--The term `plan' 
        includes any agreement or arrangement, including an agreement 
        or arrangement that includes one person.
            ``(4) Substantial risk of forfeiture.--The rights of a 
        person to compensation are subject to a substantial risk of 
        forfeiture if such person's rights to such compensation are 
        conditioned upon the future performance of substantial services 
        by any individual.
            ``(5) Treatment of earnings.--References to deferred 
        compensation shall be treated as including references to income 
        (whether actual or notional) attributable to such compensation 
        or such income.
            ``(6) Exception for nonelective deferred compensation.--
        This section shall not apply to any nonelective deferred 
        compensation to which section 457 does not apply by reason of 
        section 457(e)(12), but only if such compensation is provided 
        under a nonqualified deferred compensation plan which was in 
        existence on May 1, 2004, and which was providing nonelective 
        deferred compensation described in section 457(e)(12) on such 
        date. If, after May 1, 2004, a plan described in the preceding 
        sentence adopts a plan amemdment which provides a material 
        change in the classes of individuals eligible to participate in 
        the plan, this paragraph shall not apply to any nonelective 
        deferred compensation provided under the plan on or after the 
        date of the adoption of the amendment.
    ``(e) Regulations.--The Secretary shall prescribe such regulations 
as may be necessary or appropriate to carry out the purposes of this 
section, including regulations--
            ``(1) providing for the determination of amounts of 
        deferral in the case of a nonqualified deferred compensation 
        plan which is a defined benefit plan,
            ``(2) relating to changes in the ownership and control of a 
        corporation or assets of a corporation for purposes of 
        subsection (a)(2)(A)(v),
            ``(3) exempting arrangements from the application of 
        subsection (b) if such arrangements will not result in an 
        improper deferral of United States tax and will not result in 
        assets being effectively beyond the reach of creditors,
            ``(4) defining financial health for purposes of subsection 
        (b)(2), and
            ``(5) disregarding a substantial risk of forfeiture in 
        cases where necessary to carry out the purposes of this 
        section.''.
    (b) Application of Golden Parachute Payment Provisions.--Section 
280G of such Code (relating to golden parachute payments) is amended by 
redesignating subsection (e) as subsection (f) and by inserting after 
subsection (d) the following new subsection:
    ``(e) Special Rules for Certain Payments From Nonqualified Deferred 
Compensation Plans.--
            ``(1) In general.--Notwithstanding any other provision of 
        this section, an applicable payment shall be treated as an 
        excess parachute payment for purposes of this section and 
        section 4999.
            ``(2) Coordination with other payments.--
                    ``(A) Applicable payments which are parachute 
                payments.--If any applicable payment is a parachute 
                payment (determined without regard to subsection 
                (b)(2)(A)(ii))--
                            ``(i) except as provided in paragraph (4), 
                        this section shall be applied to such payment 
                        in the same manner as if this subsection had 
                        not been enacted, and
                            ``(ii) if such application results in an 
                        excess parachute payment, any tax under section 
                        4999 on the excess parachute payment shall be 
                        in addition to the tax imposed by reason of 
                        paragraph (1).
                    ``(B) Applicable payments which are not parachute 
                payments.--An applicable payment not described in 
                subparagraph (A) shall be taken into account in 
                determining whether any payment described in 
                subparagraph (A) or any payment which is not an 
                applicable payment is a parachute payment under 
                subsection (b)(2).
            ``(3) Applicable payment.--For purposes of this subsection, 
        the term `applicable payment' means any distribution (including 
        any distribution treated as a parachute payment without regard 
        to this subsection) from a nonqualified deferred compensation 
        plan (as defined in section 409A(d)) which is made--
                    ``(A) to a participant who is subject to the 
                requirements of section 16(a) of the Securities 
                Exchange Act of 1934, and
                    ``(B) during the 1-year period following a change 
                in the ownership or effective control of the 
                corporation or in the ownership of a substantial 
                portion of the assets of the corporation.
        Such terms shall not include any distribution by reason of the 
        death of the participant or the participant becoming disabled 
        (within the meaning of section 409A(a)(2)(C)).
            ``(4) No double counting.--Under regulations, proper 
        adjustments shall be made in the application of this subsection 
        to prevent a deduction from being disallowed more than once.''.
    (c) W-2 Forms.--
            (1) In general.--Subsection (a) of section 6051 (relating 
        to receipts for employees) is amended by striking ``and'' at 
        the end of paragraph (11), by striking the period at the end of 
        paragraph (12) and inserting ``, and'', and by inserting after 
        paragraph (12) the following new paragraph:
            ``(13) the total amount of deferrals under a nonqualified 
        deferred compensation plan (within the meaning of section 
        409A(d)).''.
            (2) Threshold.--Subsection (a) of section 6051 is amended 
        by adding at the end the following: ``In the case of the 
        amounts required to be shown by paragraph (13), the Secretary 
        may (by regulation) establish a minimum amount of deferrals 
        below which paragraph (13) does not apply.''.
    (d) Conforming and Clerical Amendments.--
            (1) Section 414(b) is amended by inserting ``409A,'' after 
        ``408(p),''.
            (2) Section 414(c) is amended by inserting ``409A,'' after 
        ``408(p),''.
            (3) The table of sections for such subpart A is amended by 
        adding at the end the following new item:

                              ``Sec. 409A. Inclusion in gross income of 
                                        deferred compensation under 
                                        nonqualified deferred 
                                        compensation plans.''.
    (e) Effective Date.--
            (1) In general.--The amendments made by this section shall 
        apply to amounts deferred in taxable years beginning after 
        December 31, 2004.
            (2) Earnings attributable to amount previously deferred.--
        The amendments made by this section shall apply to earnings on 
        deferred compensation only to the extent that such amendments 
        apply to such compensation.
    (f) Guidance Relating to Change of Ownership or Control.--Not later 
than 90 days after the date of the enactment of this Act, the Secretary 
of the Treasury shall issue guidance on what constitutes a change in 
ownership or effective control for purposes of section 409A of the 
Internal Revenue Code of 1986, as added by this section.
    (g) Guidance Relating to Termination of Certain Existing 
Arrangements.--Not later than 90 days after the date of the enactment 
of this Act, the Secretary of the Treasury shall issue guidance 
providing a limited period during which an individual participating in 
a nonqualified deferred compensation plan adopted on or before December 
31, 2004, may, without violating the requirements of paragraphs (2), 
(3), (4), and (5) of section 409A(a) of the Internal Revenue Code of 
1986 (as added by this section), terminate participation or cancel an 
outstanding deferral election with regard to amounts earned after 
December 31, 2004, if such amounts are includible in income as earned.

SEC. 672. PROHIBITION ON DEFERRAL OF GAIN FROM THE EXERCISE OF STOCK 
              OPTIONS AND RESTRICTED STOCK GAINS THROUGH DEFERRED 
              COMPENSATION ARRANGEMENTS.

    (a) In General.--Section 83 (relating to property transferred in 
connection with performance of services) is amending by adding at the 
end the following new subsection:
    ``(i) Prohibition on Additional Deferral Through Deferred 
Compensation Arrangements.--If a taxpayer exchanges--
            ``(1) an option to purchase employer securities--
                    ``(A) to which subsection (a) applies, or
                    ``(B) which is described in subsection (e)(3), or
            ``(2) employer securities or any other property based on 
        employer securities transferred to the taxpayer,
for a right to receive future payments, then, notwithstanding any other 
provision of this title, there shall be included in gross income for 
the taxable year of the exchange an amount equal to the present value 
of such right (or such other amount as the Secretary may by regulations 
specify). For purposes of this subsection, the term `employer 
securities' includes any security issued by the employer.''.
    (b) Controlled Group Rules.--Section 414(t)(2) is amended by 
inserting ``83(i),'' after ``79,''.
    (c) Effective Date.--The amendments made by this section shall 
apply to any exchange after December 31, 2004.

SEC. 673. INCREASE IN WITHHOLDING FROM SUPPLEMENTAL WAGE PAYMENTS IN 
              EXCESS OF $1,000,000.

    (a) In General.--If an employer elects under Treasury Regulation 
31.3402(g)-1 to determine the amount to be deducted and withheld from 
any supplemental wage payment by using a flat percentage rate, the rate 
to be used in determining the amount to be so deducted and withheld 
shall not be less than 28 percent (or the corresponding rate in effect 
under section 1(i)(2) of the Internal Revenue Code of 1986 for taxable 
years beginning in the calendar year in which the payment is made).
    (b) Special Rule for Large Payments.--
            (1) In general.--Notwithstanding subsection (a), if the 
        supplemental wage payment, when added to all such payments 
        previously made by the employer to the employee during the 
        calendar year, exceeds $1,000,000, the rate used with respect 
        to such excess shall be equal to the maximum rate of tax in 
        effect under section 1 of such Code for taxable years beginning 
        in such calendar year.
            (2) Aggregation.--All persons treated as a single employer 
        under subsection (a) or (b) of section 52 of the Internal 
        Revenue Code of 1986 shall be treated as a single employer for 
        purposes of this subsection.
    (c) Conforming Amendment.--Section 13273 of the Revenue 
Reconciliation Act of 1993 (Public Law 103-66) is repealed.
    (d) Effective Date.--The provisions of, and the amendment made by, 
this section shall apply to payments made after December 31, 2003.

SEC. 674. TREATMENT OF SALE OF STOCK ACQUIRED PURSUANT TO EXERCISE OF 
              STOCK OPTIONS TO COMPLY WITH CONFLICT-OF-INTEREST 
              REQUIREMENTS.

    (a) In General.--Section 421 of the Internal Revenue Code of 1986 
(relating to general rules for certain stock options) is amended by 
adding at the end the following new subsection:
    ``(d) Certain Sales To Comply With Conflict-of-Interest 
Requirements.--If--
            ``(1) a share of stock is transferred to an eligible person 
        (as defined in section 1043(b)(1)) pursuant to such person's 
        exercise of an option to which this part applies, and
            ``(2) such share is disposed of by such person pursuant to 
        a certificate of divestiture (as defined in section 
        1043(b)(2)),
such disposition shall be treated as meeting the requirements of 
section 422(a)(1) or 423(a)(1), whichever is applicable.''
    (b) Effective Date.--The amendment made by this section shall apply 
to sales after the date of the enactment of this Act.

SEC. 675. APPLICATION OF BASIS RULES TO EMPLOYER AND EMPLOYEE 
              CONTRIBUTIONS ON BEHALF OF NONRESIDENT ALIENS.

    (a) In General.--Section 72 (relating to annuities and certain 
proceeds of endowment and life insurance contracts) is amended by 
redesignating subsection (w) as subsection (x) and by inserting after 
subsection (v) the following new subsection:
    ``(w) Application of Basis Rules to Employer and Employee 
Contributions Made on Behalf of Nonresident Aliens.--
            ``(1) In general.--Notwithstanding any other provision of 
        this section, for purposes of determining the portion of any 
        distribution which is includible in gross income of a 
        distributee who is a citizen or resident of the United States, 
        the investment in the contract shall not include any applicable 
        nontaxable contributions.
            ``(2) Applicable nontaxable contribution.--For purposes of 
        this subsection, the term `applicable nontaxable contribution' 
        means any employer or employee contribution--
                    ``(A) which was made with respect to compensation 
                for labor or personal services by an employee who, at 
                the time the services were performed, was a nonresident 
                alien for purposes of the laws of the United States in 
                effect at such time, but only if such compensation is 
                treated as from sources without the United States, and
                    ``(B) which was not subject to income tax under the 
                laws of the United States or any foreign country.
            ``(3) Regulations.--The Secretary shall prescribe such 
        regulations as may be necessary to carry out the provisions of 
        this subsection, including regulations treating contributions 
        as not subject to tax under the laws of any foreign country 
        where appropriate to carry out the purposes of this 
        subsection.''.
    (b) Effective Date.--The amendments made by this section shall 
apply to distributions on or after the date of the enactment of this 
Act.

          TITLE VII--EXTENSIONS OF CERTAIN EXPIRING PROVISIONS

                         Subtitle A--Extensions

SEC. 701. PARITY IN THE APPLICATION OF CERTAIN LIMITS TO MENTAL HEALTH 
              BENEFITS.

    (a) In General.--Section 9812(f) is amended--
            (1) by striking ``and'' at the end of paragraph (1), and
            (2) by striking paragraph (2) and inserting the following 
        new paragraphs:
            ``(2) on or after January 1, 2004, and before the date of 
        the enactment of the Jumpstart Our Business Strength (JOBS) 
        Act, and
            ``(3) after December 31, 2005.''.
    (b) ERISA.--Section 712(f) of the Employee Retirement Income 
Security Act of 1974 (29 U.S.C. 1185a(f)) is amended by striking ``on 
or after December 31, 2004'' and inserting ``after December 31, 2005''.
    (c) PHSA.--Section 2705(f) of the Public Health Service Act (42 
U.S.C. 300gg-5(f)) is amended by striking ``on or after December 31, 
2004'' and inserting ``after December 31, 2005''.
    (d) Effective Dates.--
            (1) Subsection (a).--The amendments made by subsection (a) 
        shall apply to benefits for services furnished on or after 
        December 31, 2003.
            (2) Subsections (b) and (c).--The amendments made by 
        subsections (b) and (c) shall apply to benefits for services 
        furnished on or after December 31, 2004.

SEC. 702. MODIFICATIONS TO WORK OPPORTUNITY CREDIT AND WELFARE-TO-WORK 
              CREDIT.

    (a) Permanent Extension of Credit.--
            (1) In general.--Section 51(c) is amended by striking 
        paragraph (4).
            (2) Long-term family assistance recipients.--
                    (A) In general.--Section 51A is amended by striking 
                subsection (f).
                    (B) Conforming amendments.--
                            (i) The heading for section 51A is amended 
                        by striking ``temporary''.
                            (ii) The item relating to section 51A in 
                        the table of sections for subpart F of part IV 
                        of subchapter A of chapter 1 is amended by 
                        striking ``Temporary incentives'' and inserting 
                        ``Incentives''.
    (b) Eligibility of Ex-Felons Determined Without Regard to Family 
Income.--Paragraph (4) of section 51(d) is amended by adding ``and'' at 
the end of subparagraph (A), by striking ``, and'' at the end of 
subparagraph (B) and inserting a period, and by striking all that 
follows subparagraph (B).
    (c) Increase in Maximum Age for Eligibility of Food Stamp 
Recipients.--Clause (i) of section 51(d)(8)(A) is amended by striking 
``25'' and inserting ``40''.
    (d) Increase in Maximum Age for Designated Community residents.--
            (1) In general.--Paragraph (5) of section 51(d) is amended 
        to read as follows:
            ``(5) Designated community residents.--
                    ``(A) In general.--The term `designated community 
                resident' means any individual who is certified by the 
                designated local agency--
                            ``(i) as having attained age 18 but not age 
                        40 on the hiring date, and
                            ``(ii) as having his principal place of 
                        abode within an empowerment zone, enterprise 
                        community, or renewal community.
                    ``(B) Individual must continue to reside in zone or 
                community.--In the case of a designated community 
                resident, the term `qualified wages' shall not include 
                wages paid or incurred for services performed while the 
                individual's principal place of abode is outside an 
                empowerment zone, enterprise community, or renewal 
                community.''
            (2) Conforming amendment.--Subparagraph (D) of section 
        51(d)(1) is amended to read as follows:
                    ``(D) a designated community resident,''.
    (e) Effective Dates.--
            (1) Extension of credits.--The amendments made by 
        subsection (a) shall apply to individuals who begin work for 
        the employer after December 31, 2003.
            (2) Modifications.--The amendments made by subsections (b), 
        (c), and (d) shall apply to individuals who begin work for the 
        employer after December 31, 2004.

SEC. 703. CONSOLIDATION OF WORK OPPORTUNITY CREDIT WITH WELFARE-TO-WORK 
              CREDIT.

    (a) In General.--Paragraph (1) of section 51(d) is amended by 
striking ``or'' at the end of subparagraph (G), by striking the period 
at the end of subparagraph (H) and inserting ``, or'', and by adding at 
the end the following new subparagraph:
                    ``(I) a long-term family assistance recipient.''
    (b) Long-Term Family Assistance Recipient.--Subsection (d) of 
section 51 is amended by redesignating paragraphs (10) through (12) as 
paragraphs (11) through (13), respectively, and by inserting after 
paragraph (9) the following new paragraph:
            ``(10) Long-term family assistance recipient.--The term 
        `long-term family assistance recipient' means any individual 
        who is certified by the designated local agency--
                    ``(A) as being a member of a family receiving 
                assistance under a IV-A program (as defined in 
                paragraph (2)(B)) for at least the 18-month period 
                ending on the hiring date,
                    ``(B)(i) as being a member of a family receiving 
                such assistance for 18 months beginning after August 5, 
                1997, and
                    ``(ii) as having a hiring date which is not more 
                than 2 years after the end of the earliest such 18-
                month period, or
                    ``(C)(i) as being a member of a family which ceased 
                to be eligible for such assistance by reason of any 
                limitation imposed by Federal or State law on the 
                maximum period such assistance is payable to a family, 
                and
                    ``(ii) as having a hiring date which is not more 
                than 2 years after the date of such cessation.''
    (c) Increased Credit for Employment of Long-Term Family Assistance 
Recipients.--Section 51 is amended by inserting after subsection (d) 
the following new subsection:
    ``(e) Credit for Employment of Long-Term Family Assistance 
Recipients.--
            ``(1) In general.--With respect to the employment of a 
        long-term family assistance recipient--
                    ``(A) the amount of the work opportunity credit 
                determined under this section for the taxable year 
                shall include 50 percent of the qualified second-year 
                wages for such year, and
                    ``(B) in lieu of applying subsection (b)(3), the 
                amount of the qualified first-year wages, and the 
                amount of qualified second-year wages, which may be 
                taken into account with respect to such a recipient 
                shall not exceed $10,000 per year.
            ``(2) Qualified second-year wages.--For purposes of this 
        subsection, the term `qualified second-year wages' means 
        qualified wages--
                    ``(A) which are paid to a long-term family 
                assistance recipient, and
                    ``(B) which are attributable to service rendered 
                during the 1-year period beginning on the day after the 
                last day of the 1-year period with respect to such 
                recipient determined under subsection (b)(2).
            ``(3) Special rules for agricultural and railway labor.--If 
        such recipient is an employee to whom subparagraph (A) or (B) 
        of subsection (h)(1) applies, rules similar to the rules of 
        such subparagraphs shall apply except that--
                    ``(A) such subparagraph (A) shall be applied by 
                substituting `$10,000' for `$6,000', and
                    ``(B) such subparagraph (B) shall be applied by 
                substituting `$833.33' for `$500'.''
    (d) Repeal of Separate Welfare-to-Work Credit.--
            (1) In general.--Section 51A is hereby repealed.
            (2) Clerical amendment.--The table of sections for subpart 
        F of part IV of subchapter A of chapter 1 is amended by 
        striking the item relating to section 51A.
    (e) Effective Date.--The amendments made by this section shall 
apply to individuals who begin work for the employer after December 31, 
2004.

SEC. 704. QUALIFIED ZONE ACADEMY BONDS.

    (a) In General.--Paragraph (1) of section 1397E(e) is amended by 
striking ``and 2003'' and inserting ``2003, 2004, and 2005''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
apply to obligations issued after December 31, 2003.

SEC. 705. COVER OVER OF TAX ON DISTILLED SPIRITS.

    (a) In General.--Paragraph (1) of section 7652(f) is amended by 
striking ``January 1, 2004'' and inserting ``January 1, 2006''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
apply to articles brought into the United States after December 31, 
2003.

SEC. 706. DEDUCTION FOR CORPORATE DONATIONS OF SCIENTIFIC PROPERTY AND 
              COMPUTER TECHNOLOGY.

    (a) Scientific Property Used for Research.--
            (1) In general.--Clause (ii) of section 170(e)(4)(B) 
        (defining qualified research contributions) is amended by 
        inserting ``or assembled'' after ``constructed''.
            (2) Conforming amendment.--Clause (iii) of section 
        170(e)(4)(B) is amended by inserting ``or assembling'' after 
        ``construction''.
    (b) Computer Technology and Equipment for Educational Purposes.--
            (1) In general.--Clause (ii) of section 170(e)(6)(B) is 
        amended by inserting ``or assembled'' after ``constructed'' and 
        ``or assembling'' after ``construction''.
            (2) Special rule extended.--Section 170(e)(6)(G) is amended 
        by striking ``2003'' and inserting ``2005''.
            (3) Conforming amendments.--Subparagraph (D) of section 
        170(e)(6) is amended by inserting ``or assembled'' after 
        ``constructed'' and ``or assembling'' after ``construction''.
    (c) Effective Date.--The amendments made by this section shall 
apply to contributions made in taxable years beginning after December 
31, 2003.

SEC. 707. DEDUCTION FOR CERTAIN EXPENSES OF SCHOOL TEACHERS.

    (a) In General.--Subparagraph (D) of section 62(a)(2) is amended by 
striking ``or 2003'' and inserting ``, 2003, 2004, or 2005''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
apply to expenses paid or incurred in taxable years beginning after 
December 31, 2003.

SEC. 708. EXPENSING OF ENVIRONMENTAL REMEDIATION COSTS.

    (a) Extension of Termination Date.--Subsection (h) of section 198 
is amended by striking ``December 31, 2003'' and inserting ``December 
31, 2005''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
apply to expenditures paid or incurred after December 31, 2003.

SEC. 709. EXPANSION OF CERTAIN NEW YORK LIBERTY ZONE BENEFITS.

    (a) Extension of Tax-Exempt Bond Financing.--Subparagraph (D) of 
section 1400L(d)(2) is amended by striking ``2005'' and inserting 
``2006''.
    (b) Clarification of Bonds Eligible for Advance Refunding.--Section 
1400L(e)(2)(B) (relating to bonds described) is amended by striking ``, 
or'' and inserting ``or the Municipal Assistance Corporation, or''.
    (c) Election Out Technical Amendment.--Subsection (c) of section 
1400L is amended by adding at the end the following new paragraph:
            ``(5) Election out.--For purposes of this subsection, rules 
        similar to the rules of section 168(k)(2)(C)(iii) shall 
        apply.''.
    (d) Effective date.--The amendments made by subsections (b) and (c) 
shall take effect as if included in the amendments made by section 301 
of the Job Creation and Worker Assistance Act of 2002.

SEC. 710. REPEAL OF REDUCTION OF DEDUCTIONS FOR MUTUAL LIFE INSURANCE 
              COMPANIES.

    (a) In General.--Section 809 of the Internal Revenue Code of 1986 
(relating to reductions in certain deduction of mutual life insurance 
companies) is hereby repealed.
    (b) Conforming Amendments.--
            (1) Subsections (a)(2)(B) and (b)(1)(B) of section 807 of 
        such Code are each amended by striking ``the sum of (i)'' and 
        by striking ``plus (ii) any excess described in section 
        809(a)(2) for the taxable year,''.
            (2)(A) The last sentence of section 807(d)(1) of such Code 
        is amended by striking ``section 809(b)(4)(B)'' and inserting 
        ``paragraph (6)''.
            (B) Subsection (d) of section 807 of such Code is amended 
        by adding at the end the following new paragraph:
            ``(6) Statutory reserves.--The term `statutory reserves' 
        means the aggregate amount set forth in the annual statement 
        with respect to items described in section 807(c). Such term 
        shall not include any reserve attributable to a deferred and 
        uncollected premium if the establishment of such reserve is not 
        permitted under section 811(c).''
            (3) Subsection (c) of section 808 of such Code is amended 
        to read as follows:
    ``(c) Amount of Deduction.--The deduction for policyholder 
dividends for any taxable year shall be an amount equal to the 
policyholder dividends paid or accrued during the taxable year.''
            (4) Subparagraph (A) of section 812(b)(3) of such Code is 
        amended by striking ``sections 808 and 809'' and inserting 
        ``section 808''.
            (5) Subsection (c) of section 817 of such Code is amended 
        by striking ``(other than section 809)''.
            (6) Subsection (c) of section 842 of such Code is amended 
        by striking paragraph (3) and by redesignating paragraph (4) as 
        paragraph (3).
            (7) The table of sections for subpart C of part I of 
        subchapter L of chapter 1 of such Code is amended by striking 
        the item relating to section 809.
    (c) Effective Date.--The amendments made by this section shall 
apply to taxable years beginning after December 31, 2003.

SEC. 711. TAX INCENTIVES FOR INVESTMENT IN THE DISTRICT OF COLUMBIA.

    (a) Designation of Zone.--Subsection (f) of section 1400 is amended 
by striking ``December 31, 2003'' both places it appears and inserting 
``December 31, 2005''.
    (b) Tax-Exempt Economic Development Bonds.--Subsection (b) of 
section 1400A is amended by striking ``December 31, 2003'' and 
inserting ``December 31, 2005''.
    (c) Zero Percent Capital Gains Rate.--
            (1) In general.--Subsection (b) of section 1400B is amended 
        by striking ``January 1, 2004'' each place it appears and 
        inserting ``January 1, 2006''.
            (2) Conforming amendments.--
                    (A) Section 1400B(e)(2) is amended--
                            (i) by striking ``December 31, 2008'' and 
                        inserting ``December 31, 2010'', and
                            (ii) by striking ``2008'' in the heading 
                        and inserting ``2010''.
                    (B) Section 1400B(g)(2) is amended by striking 
                ``December 31, 2008'' and inserting ``December 31, 
                2010''.
                    (C) Section 1400F(d) is amended by striking 
                ``December 31, 2008'' and inserting ``December 31, 
                2010''.
    (d) First-Time Homebuyer Credit.--Subsection (i) of section 1400C 
is amended by striking ``January 1, 2004'' and inserting ``January 1, 
2006''.
    (e) Effective Dates.--
            (1) In general.--Except as provided in paragraph (2), the 
        amendments made by this section shall take effect on January 1, 
        2004.
            (2) Tax-exempt economic development bonds.--The amendment 
        made by subsection (b) shall apply to obligations issued after 
        the date of the enactment of this Act.

SEC. 712. DISCLOSURE OF TAX INFORMATION TO FACILITATE COMBINED 
              EMPLOYMENT TAX REPORTING.

    (a) In General.--Paragraph (5) of section 6103(d) (relating to 
disclosure to State tax officials and State and local law enforcement 
agencies) is amended to read as follows:
            ``(5) Disclosure for combined employment tax reporting.--
        The Secretary may disclose taxpayer identity information and 
        signatures to any agency, body, or commission of any State for 
        the purpose of carrying out with such agency, body, or 
        commission a combined Federal and State employment tax 
        reporting program approved by the Secretary. Subsections (a)(2) 
        and (p)(4) and sections 7213 and 7213A shall not apply with 
        respect to disclosures or inspections made pursuant to this 
        paragraph.''.
    (b) Effective Date.--The amendment made by this section shall take 
effect on the date of the enactment of this Act.

SEC. 713. ALLOWANCE OF NONREFUNDABLE PERSONAL CREDITS AGAINST REGULAR 
              AND MINIMUM TAX LIABILITY.

    (a) In General.--Paragraph (2) of section 26(a) is amended--
            (1) by striking ``rule for 2000, 2001, 2002, and 2003.--'' 
        and inserting ``rule for taxable years 2000 through 2004.--'', 
        and
            (2) by striking ``or 2003'' and inserting ``2003, or 
        2004''.
    (b) Conforming Provisions.--
            (1) Section 904(i), as redesignated by this Act, is amended 
        by striking ``or 2003'' and inserting ``2003, or 2004''.
            (2) The amendments made by sections 201(b), 202(f), and 
        618(b) of the Economic Growth and Tax Relief Reconciliation Act 
        of 2001 shall not apply to taxable years beginning during 2004.
    (c) Effective Date.--The amendments made by this section shall 
apply to taxable years beginning after December 31, 2003.

SEC. 714. CREDIT FOR ELECTRICITY PRODUCED FROM CERTAIN RENEWABLE 
              RESOURCES.

    (a) In General.--Subparagraphs (A), (B), and (C) of section 
45(c)(3) are each amended by striking ``January 1, 2004'' and inserting 
``January 1, 2005''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
apply to facilities placed in service after December 31, 2003.

SEC. 715. TAXABLE INCOME LIMIT ON PERCENTAGE DEPLETION FOR OIL AND 
              NATURAL GAS PRODUCED FROM MARGINAL PROPERTIES.

    (a) In General.--Subparagraph (H) of section 613A(c)(6) is amended 
by striking ``January 1, 2004'' and inserting ``January 1, 2005''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
apply to taxable years beginning after December 31, 2003.

SEC. 716. INDIAN EMPLOYMENT TAX CREDIT.

    Section 45A(f) (relating to termination) is amended by striking 
``December 31, 2004'' and inserting ``December 31, 2005''.

SEC. 717. ACCELERATED DEPRECIATION FOR BUSINESS PROPERTY ON INDIAN 
              RESERVATION.

    Section 168(j)(8) (relating to termination) is amended by striking 
``December 31, 2004'' and inserting ``December 31, 2005''.

SEC. 718. DISCLOSURE OF RETURN INFORMATION RELATING TO STUDENT LOANS.

    Section 6103(l)(13)(D) (relating to termination) is amended by 
striking ``December 31, 2004'' and inserting ``December 31, 2005''.

SEC. 719. EXTENSION OF TRANSFERS OF EXCESS PENSION ASSETS TO RETIREE 
              HEALTH ACCOUNTS.

    (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 
        ``Jumpstart Our Business Strength (JOBS) Act''.
            (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 ``Jumpstart Our Business Strength (JOBS) Act''.
            (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 ``Jumpstart Our Business Strength 
        (JOBS) Act''.
    (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. 720. ELIMINATION OF PHASEOUT OF CREDIT FOR QUALIFIED ELECTRIC 
              VEHICLES.

    (a) In General.--Section 30(b) is amended by striking paragraph (2) 
and by redesignating paragraph (3) as paragraph (2).
    (b) Conforming Amendments.--
            (1) Section 53(d)(1)(B)(iii) is amended by striking 
        ``section 30(b)(3)(B)'' and inserting ``section 30(b)(2)(B)''.
            (2) Section 55(c)(2) is amended by striking ``30(b)(3)'' 
        and inserting ``30(b)(2)''.
    (c) Effective Date.--The amendments made by this section shall 
apply to property placed in service after December 31, 2003.

SEC. 721. ELIMINATION OF PHASEOUT FOR DEDUCTION FOR CLEAN-FUEL VEHICLE 
              PROPERTY.

    (a) In General.--Paragraph (1) of section 179A(b) is amended to 
read as follows:
            ``(1) Qualified clean-fuel vehicle property.--The cost 
        which may be taken into account under subsection (a)(1)(A) with 
        respect to any motor vehicle shall not exceed--
                    ``(A) in the case of a motor vehicle not described 
                in subparagraph (B) or (C), $2,000,
                    ``(B) in the case of any truck or van with a gross 
                vehicle weight rating greater than 10,000 pounds but 
                not greater than 26,000 pounds, $5,000, or
                    ``(C) $50,000 in the case of--
                            ``(i) a truck or van with a gross vehicle 
                        weight rating greater than 26,000 pounds, or
                            ``(ii) any bus which has a seating capacity 
                        of at least 20 adults (not including the 
                        driver).''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
apply to property placed in service after December 31, 2003.

                     Subtitle B--Revenue Provisions

SEC. 731. DONATIONS OF MOTOR VEHICLES, BOATS, AND AIRPLANES.

    (a) In General.--Subsection (f) of section 170 (relating to 
disallowance of deduction in certain cases and special rules) is 
amended by adding at the end the following new paragraph:
            ``(11) Contributions of used motor vehicles, boats, and 
        airplanes.--
                    ``(A) In general.--In the case of a contribution of 
                a qualified vehicle in excess of $500--
                            ``(i) paragraph (8) shall not apply and no 
                        deduction shall be allowed under subsection (a) 
                        for such contribution unless the taxpayer 
                        substantiates the contribution by a 
                        contemporaneous written acknowledgement of the 
                        contribution by the donee organization that 
                        meets the requirements of subparagraph (B) and 
                        includes the acknowledgement with the 
                        taxpayer's return of tax which includes the 
                        deduction, and
                            ``(ii) if the organization sells the 
                        vehicle without any significant intervening use 
                        or material improvement of such vehicle by the 
                        organization, the amount of the deduction 
                        allowed under subsection (a) shall not exceed 
                        the gross proceeds received from such sale.
                    ``(B) Content of acknowledgement.--An 
                acknowledgement meets the requirements of this 
                subparagraph if it includes the following information:
                            ``(i) The name and taxpayer identification 
                        number of the donor.
                            ``(ii) The vehicle identification number or 
                        similar number.
                            ``(iii) In the case of a qualified vehicle 
                        to which subparagraph (A)(ii) applies and which 
                        is sold by the donee organization--
                                    ``(I) a certification that the 
                                vehicle was sold in an arm's length 
                                transaction between unrelated parties,
                                    ``(II) the gross proceeds from the 
                                sale, and
                                    ``(III) that the deductible amount 
                                may not exceed the amount of such gross 
                                proceeds.
                            ``(iv) In the case of a qualified vehicle 
                        to which subparagraph (A)(ii) does not apply--
                                    ``(I) a certification of the 
                                intended use or material improvement of 
                                the vehicle and the intended duration 
                                of such use, and
                                    ``(II) a certification that the 
                                vehicle would not be transferred in 
                                exchange for money, other property, or 
                                services before completion of such use 
                                or improvement.
                    ``(C) Contemporaneous.--For purposes of 
                subparagraph (A), an acknowledgement shall be 
                considered to be contemporaneous if the donee 
                organization provides it within 30 days of--
                            ``(i) the sale of the qualified vehicle, or
                            ``(ii) in the case of an acknowledgement 
                        including a certification described in 
                        subparagraph (B)(iv), the contribution of the 
                        qualified vehicle.
                    ``(D) Information to secretary.--A donee 
                organization required to provide an acknowledgement 
                under this paragraph shall provide to the Secretary the 
                information contained in the acknowledgement. Such 
                information shall be provided at such time and in such 
                manner as the Secretary may prescribe.
                    ``(E) Qualified vehicle.--For purposes of this 
                paragraph, the term `qualified vehicle' means any--
                            ``(i) self-propelled vehicle manufactured 
                        primarily for use on public streets, roads, and 
                        highways,
                            ``(ii) boat, or
                            ``(iii) airplane.
                Such term shall not include any property which is 
                described in section 1221(a)(1).
                    ``(F) Regulations or other guidance.--The Secretary 
                shall prescribe such regulations or other guidance as 
                may be necessary to carry out the purposes of this 
                paragraph.''.
    (b) Penalty for Fraudulent Acknowledgments.--
            (1) In general.--Part I of subchapter B of chapter 68 
        (relating to assessable penalities), as amended by section 
        882(c) of this Act, is amended adding at the end the following 
        new section:

``SEC. 6720A. FRAUDULENT ACKNOWLEDGMENTS WITH RESPECT TO DONATIONS OF 
              MOTOR VEHICLES, BOATS, AND AIRPLANES.

    ``Any donee organization required under section 170(f)(11)(A) to 
furnish a contemporaneous written acknowledgment to a donor which 
knowingly furnishes a false or fraudulent acknowledgment, or which 
knowingly fails to furnish such acknowledgment in the manner, at the 
time, and showing the information required under section 170(f)(11), or 
regulations prescribed thereunder, shall for each such act, or for each 
such failure, be subject to a penalty equal to--
            ``(1) in the case of an acknowledgment with respect to a 
        qualified vehicle to which section 170(f)(11)(A)(ii) applies, 
        the greater of the value of the tax benefit to the donor or the 
        gross proceeds from the sale of such vehicle, and
            ``(2) in the case of an acknowledgment with respect to any 
        other qualified vehicle to which section 170(f)(11) applies, 
        the greater of the value of the tax benefit to the donor or 
        $5,000.''.
            (2) Conforming amendment.--The table of sections for part I 
        of subchapter B of chapter 68, as amended by section 882(c) of 
        this Act, is amended by adding at the end the following new 
        item:

                              ``Sec. 6720A. Fraudulent acknowledgments 
                                        with respect to donations of 
                                        motor vehicles, boats, and 
                                        airplanes.''.
    (c) Effective Date.--The amendments made by this section shall 
apply to contributions after June 30, 2004.

SEC. 732. ADDITION OF VACCINES AGAINST INFLUENZA TO LIST OF TAXABLE 
              VACCINES.

    (a) In General.--Section 4132(a)(1) (defining taxable vaccine), as 
amended by this Act, is amended adding at the end the following new 
subparagraph:
                    ``(N) Any trivalent vaccine against influenza.''.
    (b) Effective Date.--
            (1) Sales, etc.--The amendment made by this section shall 
        apply to sales and uses on or after the later of--
                    (A) the first day of the first month which begins 
                more than 4 weeks after the date of the enactment of 
                this Act, or
                    (B) the date on which the Secretary of Health and 
                Human Services lists any vaccine against influenza for 
                purposes of compensation for any vaccine-related injury 
                or death through the Vaccine Injury Compensation Trust 
                Fund.
            (2) Deliveries.--For purposes of paragraph (1) and section 
        4131 of the Internal Revenue Code of 1986, in the case of sales 
        on or before the effective date described in such paragraph for 
        which delivery is made after such date, the delivery date shall 
        be considered the sale date.

SEC. 733. TREATMENT OF CONTINGENT PAYMENT CONVERTIBLE DEBT INSTRUMENTS.

    (a) In General.--Section 1275(d) (relating to regulation authority) 
is amended--
            (1) by striking ``The Secretary'' and inserting the 
        following:
            ``(1) In general.--The Secretary'', and
            (2) by adding at the end the following new paragraph:
            ``(2) Treatment of contingent payment convertible debt.--
                    ``(A) In general.--In the case of a debt instrument 
                which--
                            ``(i) is convertible into stock of the 
                        issuing corporation, into stock or debt of a 
                        related party (within the meaning of section 
                        267(b) or 707(b)(1)), or into cash or other 
                        property in an amount equal to the approximate 
                        value of such stock or debt, and
                            ``(ii) provides for contingent payments,
                any regulations which require original issue discount 
                to be determined by reference to the comparable yield 
                of a noncontingent fixed rate debt instrument shall be 
                applied as requiring that such comparable yield be 
                determined by reference to a noncontingent fixed rate 
                debt instrument which is convertible into stock.
                    ``(B) Special rule.--For purposes of subparagraph 
                (A), the comparable yield shall be determined without 
                taking into account the yield resulting from the 
                conversion of a debt instrument into stock.''.
    (b) Cross Reference.--Section 163(e)(6) (relating to cross 
references) is amended by adding at the end the following:
            ``For the treatment of contingent payment convertible debt, 
        see section 1275(d)(2).''.
    (c) Effective Date.--The amendments made by this section shall 
apply to debt instruments issued after the date of the enactment of 
this Act.

SEC. 734. MODIFICATION OF CONTINUING LEVY ON PAYMENTS TO FEDERAL 
              VENDERS.

    (a) In General.--Section 6331(h) (relating to continuing levy on 
certain payments) is amended by adding at the end the following new 
paragraph:
            ``(3) Increase in levy for certain payments.--Paragraph (1) 
        shall be applied by substituting `100 percent' for `15 percent' 
        in the case of any specified payment due to a vendor of goods 
        or services sold or leased to the Federal Government.''.
    (b) Effective Date.--The amendment made by this section shall take 
effect on the date of the enactment of this Act.

                   TITLE VIII--ENERGY TAX INCENTIVES

SEC. 800. SHORT TITLE.

    This title may be cited as the ``Energy Tax Incentives Act''.

        Subtitle A--Renewable Electricity Production Tax Credit

SEC. 801. EXTENSION AND 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.--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,
                    ``(G) biosolids and sludge, and
                    ``(H) 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; but not including 
                                spent chemicals from pulp 
                                manufacturing,
                                    ``(II) solid wood waste materials, 
                                including waste pallets, crates, 
                                dunnage, manufacturing and construction 
                                wood wastes (other than pressure-
                                treated, chemically-treated, or painted 
                                wood wastes), and landscape or right-
                                of-way tree trimmings, but not 
                                including municipal solid waste, 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.
                    ``(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.
                    ``(C) Exceptions.--The term `open-loop biomass' 
                does not include--
                            ``(i) closed-loop biomass, or
                            ``(ii) biomass burned in conjunction with 
                        fossil fuel (cofiring) beyond such fossil fuel 
                        required for startup and flame stabilization.
            ``(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 installed capacity of which is less than 
                5 megawatts.
            ``(6) Biosolids and sludge.--The term `biosolids and 
        sludge' means the residue or solids removed in the treatment of 
        commercial, industrial, or municipal wastewater.
            ``(7) 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).''.
    (b) Extension and 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, 2007.
            ``(2) Closed-loop biomass facility.--
                    ``(A) In general.--In the case of a facility using 
                closed-loop biomass to produce electricity, the term 
                `qualified facility' means any facility--
                            ``(i) owned by the taxpayer which is 
                        originally placed in service after December 31, 
                        1992, and before January 1, 2007, or
                            ``(ii) owned by the taxpayer which before 
                        January 1, 2007, 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 January 1, 2005,
                            ``(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 facility.--
                    ``(A) In general.--In the case of a facility using 
                open-loop biomass to produce electricity for grid sale 
                in excess of its internal requirements, the term 
                `qualified facility' means any facility owned by the 
                taxpayer which--
                            ``(i) in the case of a facility using 
                        agricultural livestock waste nutrients, is 
                        originally placed in service after December 31, 
                        2004, and before January 1, 2007, and
                            ``(ii) in the case of any other facility, 
                        is originally placed in service before January 
                        1, 2005.
                    ``(B) Special rules for preeffective date 
                facilities.--In the case of any facility described in 
                subparagraph (A)(ii) which is placed in service before 
                January 1, 2005--
                            ``(i) subsection (a)(1) shall be applied by 
                        substituting `1.2 cents' for `1.5 cents', and
                            ``(ii) the 5-year period beginning on 
                        January 1, 2005, shall be substituted for the 
                        10-year period in subsection (a)(2)(A)(ii).
                    ``(C) 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 December 31, 2004, and before January 1, 2007. 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 December 
        31, 2004, and before January 1, 2007.
            ``(6) Biosolids and sludge facility.--In the case of a 
        facility using waste heat from the incineration of biosolids 
        and sludge to produce electricity, the term `qualified 
        facility' means any facility owned by the taxpayer which is 
        originally placed in service after December 31, 2004, and 
        before January 1, 2007. Such term shall not include any 
        property described in section 48(a)(3) the basis of which is 
        taken into account for purposes of the energy credit under 
        section 46.
            ``(7) Municipal solid waste facility.--
                    ``(A) In general.--In the case of a facility or 
                unit incinerating municipal solid waste to produce 
                electricity, the term `qualified facility' means any 
                facility or unit owned by the taxpayer which is 
                originally placed in service after December 31, 2004, 
                and before January 1, 2007.
                    ``(B) Special rule.--In the case of any facility or 
                unit described in subparagraph (A), the 5-year period 
                beginning on the date the facility or unit was 
                originally placed in service shall be substituted for 
                the 10-year period in subsection (a)(2)(A)(ii).
                    ``(C) Credit eligibility.--In the case of any 
                qualified 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.''.
            (2) No credit for certain production.--Section 45(e) 
        (relating to definitions and special rules), as redesignated by 
        paragraph (1), is amended by striking paragraph (6) and 
        inserting the following new paragraph:
            ``(6) Operations inconsistent with solid waste disposal 
        act.--In the case of a qualified facility described in 
        subsection (d)(6)(A), subsection (a) shall not apply to 
        electricity produced at such facility during any taxable year 
        if, during a portion of such year, there is a certification in 
        effect by the Administrator of the Environmental Protection 
        Agency that such facility was permitted to operate in a manner 
        inconsistent with section 4003(d) of the Solid Waste Disposal 
        Act (42 U.S.C. 6943(d)).''.
            (3) Conforming amendment.--Section 45(e), as so 
        redesignated, is amended by striking ``subsection (c)(3)(A)'' 
        in paragraph (7)(A)(i) and inserting ``subsection (d)(1)''.
    (c) Credit Rate for Electricity Produced From New Facilities.--
            (1) In general.--Section 45(a) is amended by adding at the 
        end the following new flush sentence:
``In the case of electricity produced after December 31, 2004, at any 
qualified facility originally placed in service after such date, 
paragraph (1) shall be applied by substituting `1.8 cents' for `1.5 
cents'.''.
            (2) New rate not subject to inflation adjustment.--Section 
        45(b)(2) (relating to credit and phaseout adjustment based on 
        inflation) is amended by adding at the end the following new 
        sentence: ``This paragraph shall not apply to any amount which 
        is substituted for the 1.5 cent amount in subsection (a) by 
        reason of any provision of this section.''.
    (d) Elimination of Certain Credit Reductions.--Section 45(b)(3)(A) 
(relating to credit reduced for grants, tax-exempt bonds, subsidized 
energy financing, and other credits) is amended--
            (1) by striking clause (ii),
            (2) by redesignating clauses (iii) and (iv) as clauses (ii) 
        and (iii),
            (3) by inserting ``(other than proceeds of an issue of 
        State or local government obligations the interest on which is 
        exempt from tax under section 103, or any loan, debt, or other 
        obligation incurred under subchapter I of chapter 31 of title 7 
        of the Rural Electrification Act of 1936 (7 U.S.C. 901 et 
        seq.), as in effect on the date of the enactment of the Energy 
        Tax Incentives Act)'' after ``project'' in clause (ii) (as so 
        redesignated),
            (4) by adding at the end the following new sentence: ``This 
        paragraph shall not apply with respect to any facility 
        described in subsection (d)(2)(A)(ii).'', and
            (5) by striking ``tax-exempt bonds,'' in the heading and 
        inserting ``certain''.
    (e) Treatment of Persons Not Able To Use Entire Credit.--Section 
45(e) (relating to definitions and special rules), as redesignated by 
subsection (b)(1), is amended by adding at the end the following new 
paragraph:
            ``(8) Treatment of persons not able to use entire credit.--
                    ``(A) Allowance of credit.--
                            ``(i) In general.--Except as otherwise 
                        provided in this subsection--
                                    ``(I) any credit allowable under 
                                subsection (a) with respect to a 
                                qualified facility owned by a person 
                                described in clause (ii) may be 
                                transferred or used as provided in this 
                                paragraph, and
                                    ``(II) the determination as to 
                                whether the credit is allowable shall 
                                be made without regard to the tax-
                                exempt status of the person.
                            ``(ii) Persons described.--A person is 
                        described in this clause if the person is--
                                    ``(I) an organization described in 
                                section 501(c)(12)(C) and exempt from 
                                tax under section 501(a),
                                    ``(II) an organization described in 
                                section 1381(a)(2)(C),
                                    ``(III) a public utility (as 
                                defined in section 136(c)(2)(B)), which 
                                is exempt from income tax under this 
                                subtitle,
                                    ``(IV) any State or political 
                                subdivision thereof, the District of 
                                Columbia, any possession of the United 
                                States, or any agency or 
                                instrumentality of any of the 
                                foregoing,
                                    ``(V) any Indian tribal government 
                                (within the meaning of section 7871) or 
                                any agency or instrumentality thereof, 
                                or
                                    ``(VI) the Tennessee Valley 
                                Authority.
                    ``(B) Transfer of credit.--
                            ``(i) In general.--A person described in 
                        subclause (I), (II), (III), (IV), or (V) of 
                        subparagraph (A)(ii) may transfer any credit to 
                        which subparagraph (A)(i) applies through an 
                        assignment to any other person not described in 
                        subparagraph (A)(ii). Such transfer may be 
                        revoked only with the consent of the Secretary.
                            ``(ii) Regulations.--The Secretary shall 
                        prescribe such regulations as necessary to 
                        ensure that any credit described in clause (i) 
                        is assigned once and not reassigned by such 
                        other person.
                            ``(iii) Transfer proceeds treated as 
                        arising from essential government function.--
                        Any proceeds derived by a person described in 
                        subclause (III), (IV), or (V) of subparagraph 
                        (A)(ii) from the transfer of any credit under 
                        clause (i) shall be treated as arising from the 
                        exercise of an essential government function.
                    ``(C) Use of credit as an offset.--Notwithstanding 
                any other provision of law, in the case of a person 
                described in subclause (I), (II), or (V) of 
                subparagraph (A)(ii), any credit to which subparagraph 
                (A)(i) applies may be applied by such person, to the 
                extent provided by the Secretary of Agriculture, as a 
                prepayment of any loan, debt, or other obligation the 
                entity has incurred under subchapter I of chapter 31 of 
                title 7 of the Rural Electrification Act of 1936 (7 
                U.S.C. 901 et seq.), as in effect on the date of the 
                enactment of the Energy Tax Incentives Act.
                    ``(D) Use by tva.--
                            ``(i) In general.--Notwithstanding any 
                        other provision of law, in the case of a person 
                        described in subparagraph (A)(ii)(VI), any 
                        credit to which subparagraph (A)(i) applies may 
                        be applied as a credit against the payments 
                        required to be made in any fiscal year under 
                        section 15d(e) of the Tennessee Valley 
                        Authority Act of 1933 (16 U.S.C. 831n-4(e)) as 
                        an annual return on the appropriations 
                        investment and an annual repayment sum.
                            ``(ii) Treatment of credits.--The aggregate 
                        amount of credits described in subparagraph 
                        (A)(i) with respect to such person shall be 
                        treated in the same manner and to the same 
                        extent as if such credits were a payment in 
                        cash and shall be applied first against the 
                        annual return on the appropriations investment.
                            ``(iii) Credit carryover.--With respect to 
                        any fiscal year, if the aggregate amount of 
                        credits described subparagraph (A)(i) with 
                        respect to such person exceeds the aggregate 
                        amount of payment obligations described in 
                        clause (i), the excess amount shall remain 
                        available for application as credits against 
                        the amounts of such payment obligations in 
                        succeeding fiscal years in the same manner as 
                        described in this subparagraph.
                    ``(E) Credit not income.--Any transfer under 
                subparagraph (B) or use under subparagraph (C) of any 
                credit to which subparagraph (A)(i) applies shall not 
                be treated as income for purposes of section 
                501(c)(12).
                    ``(F) Treatment of unrelated persons.--For purposes 
                of subsection (a)(2)(B), sales of electricity among and 
                between persons described in subparagraph (A)(ii) shall 
                be treated as sales between unrelated parties.''.
    (f) 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 December 31, 2004, 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 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 
        December 31, 2004) placed in service on or before such date.

      Subtitle B--Alternative Motor Vehicles and Fuels Incentives

SEC. 811. ALTERNATIVE MOTOR VEHICLE CREDIT.

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

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

    ``(a) Allowance of Credit.--There shall be allowed as a credit 
against the tax imposed by this chapter for the taxable year an amount 
equal to the sum of--
            ``(1) the new qualified fuel cell motor vehicle credit 
        determined under subsection (b),
            ``(2) the new qualified hybrid motor vehicle credit 
        determined under subsection (c), and
            ``(3) the new qualified alternative fuel motor vehicle 
        credit determined under subsection (d).
    ``(b) New Qualified Fuel Cell Motor Vehicle Credit.--
            ``(1) In general.--For purposes of subsection (a), the new 
        qualified fuel cell motor vehicle credit determined under this 
        subsection with respect to a new qualified fuel cell motor 
        vehicle placed in service by the taxpayer during the taxable 
        year is--
                    ``(A) $4,000, if such vehicle has a gross vehicle 
                weight rating of not more than 8,500 pounds,
                    ``(B) $10,000, if such vehicle has a gross vehicle 
                weight rating of more than 8,500 pounds but not more 
                than 14,000 pounds,
                    ``(C) $20,000, if such vehicle has a gross vehicle 
                weight rating of more than 14,000 pounds but not more 
                than 26,000 pounds, and
                    ``(D) $40,000, if such vehicle has a gross vehicle 
                weight rating of more than 26,000 pounds.
            ``(2) Increase for fuel efficiency.--
                    ``(A) In general.--The amount determined under 
                paragraph (1)(A) with respect to a new qualified fuel 
                cell motor vehicle which is a passenger automobile or 
                light truck shall be increased by--
                            ``(i) $1,000, if such vehicle achieves at 
                        least 150 percent but less than 175 percent of 
                        the 2002 model year city fuel economy,
                            ``(ii) $1,500, if such vehicle achieves at 
                        least 175 percent but less than 200 percent of 
                        the 2002 model year city fuel economy,
                            ``(iii) $2,000, if such vehicle achieves at 
                        least 200 percent but less than 225 percent of 
                        the 2002 model year city fuel economy,
                            ``(iv) $2,500, if such vehicle achieves at 
                        least 225 percent but less than 250 percent of 
                        the 2002 model year city fuel economy,
                            ``(v) $3,000, if such vehicle achieves at 
                        least 250 percent but less than 275 percent of 
                        the 2002 model year city fuel economy,
                            ``(vi) $3,500, if such vehicle achieves at 
                        least 275 percent but less than 300 percent of 
                        the 2002 model year city fuel economy, and
                            ``(vii) $4,000, if such vehicle achieves at 
                        least 300 percent of the 2002 model year city 
                        fuel economy.
                    ``(B) 2002 model year city fuel economy.--For 
                purposes of subparagraph (A), the 2002 model year city 
                fuel economy with respect to a vehicle shall be 
                determined in accordance with the following tables:
                            ``(i) In the case of a passenger 
                        automobile:
                                               The 2002 model year city
``If vehicle inertia weight class                      fuel economy is:
        is:
    1,500 or 1,750 lbs............................            45.2 mpg 
    2,000 lbs.....................................            39.6 mpg 
    2,250 lbs.....................................            35.2 mpg 
    2,500 lbs.....................................            31.7 mpg 
    2,750 lbs.....................................            28.8 mpg 
    3,000 lbs.....................................            26.4 mpg 
    3,500 lbs.....................................            22.6 mpg 
    4,000 lbs.....................................            19.8 mpg 
    4,500 lbs.....................................            17.6 mpg 
    5,000 lbs.....................................            15.9 mpg 
    5,500 lbs.....................................            14.4 mpg 
    6,000 lbs.....................................            13.2 mpg 
    6,500 lbs.....................................            12.2 mpg 
    7,000 to 8,500 lbs............................            11.3 mpg.
                            ``(ii) In the case of a light truck:

                                               The 2002 model year city
``If vehicle inertia weight class                      fuel economy is:
        is:
    1,500 or 1,750 lbs............................            39.4 mpg 
    2,000 lbs.....................................            35.2 mpg 
    2,250 lbs.....................................            31.8 mpg 
    2,500 lbs.....................................            29.0 mpg 
    2,750 lbs.....................................            26.8 mpg 
    3,000 lbs.....................................            24.9 mpg 
    3,500 lbs.....................................            21.8 mpg 
    4,000 lbs.....................................            19.4 mpg 
    4,500 lbs.....................................            17.6 mpg 
    5,000 lbs.....................................            16.1 mpg 
    5,500 lbs.....................................            14.8 mpg 
    6,000 lbs.....................................            13.7 mpg 
    6,500 lbs.....................................            12.8 mpg 
    7,000 to 8,500 lbs............................            12.1 mpg.
                    ``(C) Vehicle inertia weight class.--For purposes 
                of subparagraph (B), the term `vehicle inertia weight 
                class' has the same meaning as when defined in 
                regulations prescribed by the Administrator of the 
                Environmental Protection Agency for purposes of the 
                administration of title II of the Clean Air Act (42 
                U.S.C. 7521 et seq.).
            ``(3) New qualified fuel cell motor vehicle.--For purposes 
        of this subsection, the term `new qualified fuel cell motor 
        vehicle' means a motor vehicle--
                    ``(A) which is propelled by power derived from 1 or 
                more cells which convert chemical energy directly into 
                electricity by combining oxygen with hydrogen fuel 
                which is stored on board the vehicle in any form and 
                may or may not require reformation prior to use,
                    ``(B) which, in the case of a passenger automobile 
                or light truck--
                            ``(i) for 2002 and later model vehicles, 
                        has received a certificate of conformity under 
                        the Clean Air Act and meets or exceeds the 
                        equivalent qualifying California low emission 
                        vehicle standard under section 243(e)(2) of the 
                        Clean Air Act for that make and model year, and
                            ``(ii) for 2004 and later model vehicles, 
                        has received a certificate that such vehicle 
                        meets or exceeds the Bin 5 Tier II emission 
                        level established in regulations prescribed by 
                        the Administrator of the Environmental 
                        Protection Agency under section 202(i) of the 
                        Clean Air Act for that make and model year 
                        vehicle,
                    ``(C) the original use of which commences with the 
                taxpayer,
                    ``(D) which is acquired for use or lease by the 
                taxpayer and not for resale, and
                    ``(E) which is made by a manufacturer.
    ``(c) New Qualified Hybrid Motor Vehicle Credit.--
            ``(1) In general.--For purposes of subsection (a), the new 
        qualified hybrid motor vehicle credit determined under this 
        subsection with respect to a new qualified hybrid motor vehicle 
        placed in service by the taxpayer during the taxable year is 
        the credit amount determined under paragraph (2).
            ``(2) Credit amount.--
                    ``(A) In general.--The credit amount determined 
                under this paragraph shall be determined in accordance 
                with the following tables:
                            ``(i) In the case of a new qualified hybrid 
                        motor vehicle which is a passenger automobile, 
                        medium duty passenger vehicle, or light truck 
                        and which provides the following percentage of 
                        the maximum available power:

``If percentage of the maximum
  available power is:                             The credit amount is:
    At least 4 percent but less than 10 percent...                $250 
    At least 10 percent but less than 20 percent..                $500 
    At least 20 percent but less than 30 percent..                $750 
    At least 30 percent...........................              $1,000.
                            ``(ii) In the case of a new qualified 
                        hybrid motor vehicle which is a heavy duty 
                        hybrid motor vehicle and which provides the 
                        following percentage of the maximum available 
                        power:
                                    ``(I) If such vehicle has a gross 
                                vehicle weight rating of not more than 
                                14,000 pounds:

``If percentage of the maximum
  available power is:                             The credit amount is:
    At least 20 percent but less than 30 percent..              $1,000 
    At least 30 percent but less than 40 percent..              $1,750 
    At least 40 percent but less than 50 percent..              $2,000 
    At least 50 percent but less than 60 percent..              $2,250 
    At least 60 percent...........................              $2,500.
                                    ``(II) If such vehicle has a gross 
                                vehicle weight rating of more than 
                                14,000 but not more than 26,000 pounds:

``If percentage of the maximum
  available power is:                             The credit amount is:
    At least 20 percent but less than 30 percent..              $4,000 
    At least 30 percent but less than 40 percent..              $4,500 
    At least 40 percent but less than 50 percent..              $5,000 
    At least 50 percent but less than 60 percent..              $5,500 
    At least 60 percent...........................              $6,000.
                                    ``(III) If such vehicle has a gross 
                                vehicle weight rating of more than 
                                26,000 pounds:

``If percentage of the maximum
  available power is:                             The credit amount is:
    At least 20 percent but less than 30 percent..              $6,000 
    At least 30 percent but less than 40 percent..              $7,000 
    At least 40 percent but less than 50 percent..              $8,000 
    At least 50 percent but less than 60 percent..              $9,000 
    At least 60 percent...........................             $10,000.
                    ``(B) Increase for fuel efficiency.--
                            ``(i) Amount.--The amount determined under 
                        subparagraph (A)(i) with respect to a new 
                        qualified hybrid motor vehicle which is a 
                        passenger automobile or light truck shall be 
                        increased by--
                                    ``(I) $500, if such vehicle 
                                achieves at least 125 percent but less 
                                than 150 percent of the 2002 model year 
                                city fuel economy,
                                    ``(II) $1,000, if such vehicle 
                                achieves at least 150 percent but less 
                                than 175 percent of the 2002 model year 
                                city fuel economy,
                                    ``(III) $1,500, if such vehicle 
                                achieves at least 175 percent but less 
                                than 200 percent of the 2002 model year 
                                city fuel economy,
                                    ``(IV) $2,000, if such vehicle 
                                achieves at least 200 percent but less 
                                than 225 percent of the 2002 model year 
                                city fuel economy,
                                    ``(V) $2,500, if such vehicle 
                                achieves at least 225 percent but less 
                                than 250 percent of the 2002 model year 
                                city fuel economy, and
                                    ``(VI) $3,000, if such vehicle 
                                achieves at least 250 percent of the 
                                2002 model year city fuel economy.
                            ``(ii) 2002 model year city fuel economy.--
                        For purposes of clause (i), the 2002 model year 
                        city fuel economy with respect to a vehicle 
                        shall be determined on a gasoline gallon 
                        equivalent basis as determined by the 
                        Administrator of the Environmental Protection 
                        Agency using the tables provided in subsection 
                        (b)(2)(B) with respect to such vehicle.
                    ``(C) Increase for accelerated emissions 
                performance.--The amount determined under subparagraph 
                (A)(ii) with respect to an applicable heavy duty hybrid 
                motor vehicle shall be increased by the increased 
                credit amount determined in accordance with the 
                following tables:
                            ``(i) In the case of a vehicle which has a 
                        gross vehicle weight rating of not more than 
                        14,000 pounds:

``If the model year is:             The increased credit amount is:
    2004..........................................              $2,500 
    2005..........................................              $2,000 
    2006..........................................              $1,500.
                            ``(ii) In the case of a vehicle which has a 
                        gross vehicle weight rating of more than 14,000 
                        pounds but not more than 26,000 pounds:

``If the model year is:             The increased credit amount is:
    2004..........................................              $6,500 
    2005..........................................              $5,250 
    2006..........................................              $4,000.
                            ``(iii) In the case of a vehicle which has 
                        a gross vehicle weight rating of more than 
                        26,000 pounds:

``If the model year is:             The increased credit amount is:
    2004..........................................             $10,000 
    2005..........................................              $8,000 
    2006..........................................              $6,000.
                    ``(D) Definitions relating to credit amount.--
                            ``(i) Applicable heavy duty hybrid motor 
                        vehicle.--For purposes of subparagraph (C), the 
                        term `applicable heavy duty hybrid motor 
                        vehicle' means a heavy duty hybrid motor 
                        vehicle which is powered by an internal 
                        combustion or heat engine which is certified as 
                        meeting the emission standards set in the 
                        regulations prescribed by the Administrator of 
                        the Environmental Protection Agency for 2007 
                        and later model year diesel heavy duty engines, 
                        or for 2008 and later model year ottocycle 
                        heavy duty engines, as applicable.
                            ``(ii) Maximum available power.--
                                    ``(I) Passenger automobile, medium 
                                duty passenger vehicle, or light 
                                truck.--For purposes of subparagraph 
                                (A)(i), the term `maximum available 
                                power' means the maximum power 
                                available from the rechargeable energy 
                                storage system, during a standard 10 
                                second pulse power or equivalent test, 
                                divided by such maximum power and the 
                                SAE net power of the heat engine.
                                    ``(II) Heavy duty hybrid motor 
                                vehicle.--For purposes of subparagraph 
                                (A)(ii), the term `maximum available 
                                power' means the maximum power 
                                available from the rechargeable energy 
                                storage system, during a standard 10 
                                second pulse power or equivalent test, 
                                divided by the vehicle's total traction 
                                power. The term `total traction power' 
                                means the sum of the peak power from 
                                the rechargeable energy storage system 
                                and the heat engine peak power of the 
                                vehicle, except that if such storage 
                                system is the sole means by which the 
                                vehicle can be driven, the total 
                                traction power is the peak power of 
                                such storage system.
            ``(3) New qualified hybrid motor vehicle.--For purposes of 
        this subsection--
                    ``(A) In general.--The term `new qualified hybrid 
                motor vehicle' means a motor vehicle--
                            ``(i) which draws propulsion energy from 
                        onboard sources of stored energy which are 
                        both--
                                    ``(I) an internal combustion or 
                                heat engine using consumable fuel, and
                                    ``(II) a rechargeable energy 
                                storage system,
                            ``(ii) which, in the case of a passenger 
                        automobile, medium duty passenger vehicle, or 
                        light truck--
                                    ``(I) for 2002 and later model 
                                vehicles, has received a certificate of 
                                conformity under the Clean Air Act and 
                                meets or exceeds the equivalent 
                                qualifying California low emission 
                                vehicle standard under section 
                                243(e)(2) of the Clean Air Act for that 
                                make and model year, and
                                    ``(II) for 2004 and later model 
                                vehicles, has received a certificate 
                                that such vehicle meets or exceeds the 
                                Bin 5 Tier II emission level 
                                established in regulations prescribed 
                                by the Administrator of the 
                                Environmental Protection Agency under 
                                section 202(i) of the Clean Air Act for 
                                that make and model year vehicle,
                            ``(iii) which, in the case of a heavy duty 
                        hybrid motor vehicle, has an internal 
                        combustion or heat engine which has received a 
                        certificate of conformity under the Clean Air 
                        Act as meeting the emission standards set in 
                        the regulations prescribed by the Administrator 
                        of the Environmental Protection Agency for 2004 
                        through 2007 model year diesel heavy duty 
                        engines or ottocycle heavy duty engines, as 
                        applicable,
                            ``(iv) the original use of which commences 
                        with the taxpayer,
                            ``(v) which is acquired for use or lease by 
                        the taxpayer and not for resale, and
                            ``(vi) which is made by a manufacturer.
                    ``(B) Consumable fuel.--For purposes of 
                subparagraph (A)(i)(I), the term `consumable fuel' 
                means any solid, liquid, or gaseous matter which 
                releases energy when consumed by an auxiliary power 
                unit.
            ``(4) Heavy duty hybrid motor vehicle.--For purposes of 
        this subsection, the term `heavy duty hybrid motor vehicle' 
        means a new qualified hybrid motor vehicle which has a gross 
        vehicle weight rating of more than 8,500 pounds. Such term does 
        not include a medium duty passenger vehicle.
    ``(d) New Qualified Alternative Fuel Motor Vehicle Credit.--
            ``(1) Allowance of credit.--Except as provided in paragraph 
        (5), the new qualified alternative fuel motor vehicle credit 
        determined under this subsection is an amount equal to the 
        applicable percentage of the incremental cost of any new 
        qualified alternative fuel motor vehicle placed in service by 
        the taxpayer during the taxable year.
            ``(2) Applicable percentage.--For purposes of paragraph 
        (1), the applicable percentage with respect to any new 
        qualified alternative fuel motor vehicle is--
                    ``(A) 40 percent, plus
                    ``(B) 30 percent, if such vehicle--
                            ``(i) has received a certificate of 
                        conformity under the Clean Air Act and meets or 
                        exceeds the most stringent standard available 
                        for certification under the Clean Air Act for 
                        that make and model year vehicle (other than a 
                        zero emission standard), or
                            ``(ii) has received an order certifying the 
                        vehicle as meeting the same requirements as 
                        vehicles which may be sold or leased in 
                        California and meets or exceeds the most 
                        stringent standard available for certification 
                        under the State laws of California (enacted in 
                        accordance with a waiver granted under section 
                        209(b) of the Clean Air Act) for that make and 
                        model year vehicle (other than a zero emission 
                        standard).
        For purposes of the preceding sentence, in the case of any new 
        qualified alternative fuel motor vehicle which weighs more than 
        14,000 pounds gross vehicle weight rating, the most stringent 
        standard available shall be such standard available for 
        certification on the date of the enactment of the Energy Tax 
        Incentives Act.
            ``(3) Incremental cost.--For purposes of this subsection, 
        the incremental cost of any new qualified alternative fuel 
        motor vehicle is equal to the amount of the excess of the 
        manufacturer's suggested retail price for such vehicle over 
        such price for a gasoline or diesel fuel motor vehicle of the 
        same model, to the extent such amount does not exceed--
                    ``(A) $5,000, if such vehicle has a gross vehicle 
                weight rating of not more than 8,500 pounds,
                    ``(B) $10,000, if such vehicle has a gross vehicle 
                weight rating of more than 8,500 pounds but not more 
                than 14,000 pounds,
                    ``(C) $25,000, if such vehicle has a gross vehicle 
                weight rating of more than 14,000 pounds but not more 
                than 26,000 pounds, and
                    ``(D) $40,000, if such vehicle has a gross vehicle 
                weight rating of more than 26,000 pounds.
            ``(4) New qualified alternative fuel motor vehicle.--For 
        purposes of this subsection--
                    ``(A) In general.--The term `new qualified 
                alternative fuel motor vehicle' means any motor 
                vehicle--
                            ``(i) which is only capable of operating on 
                        an alternative fuel,
                            ``(ii) the original use of which commences 
                        with the taxpayer,
                            ``(iii) which is acquired by the taxpayer 
                        for use or lease, but not for resale, and
                            ``(iv) which is made by a manufacturer.
                    ``(B) Alternative fuel.--The term `alternative 
                fuel' means compressed natural gas, liquefied natural 
                gas, liquefied petroleum gas, hydrogen, and any liquid 
                at least 85 percent of the volume of which consists of 
                methanol.
            ``(5) Credit for mixed-fuel vehicles.--
                    ``(A) In general.--In the case of a mixed-fuel 
                vehicle placed in service by the taxpayer during the 
                taxable year, the credit determined under this 
                subsection is an amount equal to--
                            ``(i) in the case of a 75/25 mixed-fuel 
                        vehicle, 70 percent of the credit which would 
                        have been allowed under this subsection if such 
                        vehicle was a qualified alternative fuel motor 
                        vehicle, and
                            ``(ii) in the case of a 90/10 mixed-fuel 
                        vehicle, 90 percent of the credit which would 
                        have been allowed under this subsection if such 
                        vehicle was a qualified alternative fuel motor 
                        vehicle.
                    ``(B) Mixed-fuel vehicle.--For purposes of this 
                subsection, the term `mixed-fuel vehicle' means any 
                motor vehicle described in subparagraph (C) or (D) of 
                paragraph (3), which--
                            ``(i) is certified by the manufacturer as 
                        being able to perform efficiently in normal 
                        operation on a combination of an alternative 
                        fuel and a petroleum-based fuel,
                            ``(ii) either--
                                    ``(I) has received a certificate of 
                                conformity under the Clean Air Act, or
                                    ``(II) has received an order 
                                certifying the vehicle as meeting the 
                                same requirements as vehicles which may 
                                be sold or leased in California and 
                                meets or exceeds the low emission 
                                vehicle standard under section 88.105-
                                94 of title 40, Code of Federal 
                                Regulations, for that make and model 
                                year vehicle,
                            ``(iii) the original use of which commences 
                        with the taxpayer,
                            ``(iv) which is acquired by the taxpayer 
                        for use or lease, but not for resale, and
                            ``(v) which is made by a manufacturer.
                    ``(C) 75/25 mixed-fuel vehicle.--For purposes of 
                this subsection, the term `75/25 mixed-fuel vehicle' 
                means a mixed-fuel vehicle which operates using at 
                least 75 percent alternative fuel and not more than 25 
                percent petroleum-based fuel.
                    ``(D) 90/10 mixed-fuel vehicle.--For purposes of 
                this subsection, the term `90/10 mixed-fuel vehicle' 
                means a mixed-fuel vehicle which operates using at 
                least 90 percent alternative fuel and not more than 10 
                percent petroleum-based fuel.
    ``(e) Application With Other Credits.--The credit allowed under 
subsection (a) for any taxable year shall not exceed the excess (if 
any) of--
            ``(1) the regular tax for the taxable year reduced by the 
        sum of the credits allowable under subpart A and sections 27, 
        29, and 30, over
            ``(2) the tentative minimum tax for the taxable year.
    ``(f) Other Definitions and Special Rules.--For purposes of this 
section--
            ``(1) Motor vehicle.--The term `motor vehicle' has the 
        meaning given such term by section 30(c)(2).
            ``(2) City fuel economy.--The city fuel economy with 
        respect to any vehicle shall be measured in a manner which is 
        substantially similar to the manner city fuel economy is 
        measured in accordance with procedures under part 600 of 
        subchapter Q of chapter I of title 40, Code of Federal 
        Regulations, as in effect on the date of the enactment of this 
        section.
            ``(3) Other terms.--The terms `automobile', `passenger 
        automobile', `medium duty passenger vehicle', `light truck', 
        and `manufacturer' have the meanings given such terms in 
        regulations prescribed by the Administrator of the 
        Environmental Protection Agency for purposes of the 
        administration of title II of the Clean Air Act (42 U.S.C. 7521 
        et seq.).
            ``(4)  Reduction in basis.--For purposes of this subtitle, 
        the basis of any property for which a credit is allowable under 
        subsection (a) shall be reduced by the amount of such credit so 
        allowed (determined without regard to subsection (e)).
            ``(5) No double benefit.--The amount of any deduction or 
        other credit allowable under this chapter--
                    ``(A) for any incremental cost taken into account 
                in computing the amount of the credit determined under 
                subsection (d) shall be reduced by the amount of such 
                credit attributable to such cost, and
                    ``(B) with respect to a vehicle described under 
                subsection (b) or (c), shall be reduced by the amount 
                of credit allowed under subsection (a) for such vehicle 
                for the taxable year.
            ``(6) Property used by tax-exempt entities.--In the case of 
        a credit amount which is allowable with respect to a motor 
        vehicle which is acquired by an entity exempt from tax under 
        this chapter, the person which sells or leases such vehicle to 
        the entity shall be treated as the taxpayer with respect to the 
        vehicle for purposes of this section and the credit shall be 
        allowed to such person, but only if the person clearly 
        discloses to the entity at the time of any sale or lease the 
        specific amount of any credit otherwise allowable to the entity 
        under this section.
            ``(7) Recapture.--The Secretary shall, by regulations, 
        provide for recapturing the benefit of any credit allowable 
        under subsection (a) with respect to any property which ceases 
        to be property eligible for such credit (including recapture in 
        the case of a lease period of less than the economic life of a 
        vehicle).
            ``(8) Property used outside united states, etc., not 
        qualified.--No credit shall be allowed under subsection (a) 
        with respect to any property referred to in section 50(b) or 
        with respect to the portion of the cost of any property taken 
        into account under section 179.
            ``(9) Election to not take credit.--No credit shall be 
        allowed under subsection (a) for any vehicle if the taxpayer 
        elects to not have this section apply to such vehicle.
            ``(10) Carryback and carryforward allowed.--
                    ``(A) In general.--If the credit allowable under 
                subsection (a) for a taxable year exceeds the amount of 
                the limitation under subsection (e) for such taxable 
                year (in this paragraph referred to as the `unused 
                credit year'), such excess shall be a credit carryback 
                to each of the 3 taxable years preceding the unused 
                credit year and a credit carryforward to each of the 20 
                taxable years following the unused credit year, except 
                that no excess may be carried to a taxable year 
                beginning before January 1, 2005.
                    ``(B) Rules.--Rules similar to the rules of section 
                39 shall apply with respect to the credit carryback and 
                credit carryforward under subparagraph (A).
            ``(11) Interaction with air quality and motor vehicle 
        safety standards.--Unless otherwise provided in this section, a 
        motor vehicle shall not be considered eligible for a credit 
        under this section unless such vehicle is in compliance with--
                    ``(A) the applicable provisions of the Clean Air 
                Act for the applicable make and model year of the 
                vehicle (or applicable air quality provisions of State 
                law in the case of a State which has adopted such 
                provision under a waiver under section 209(b) of the 
                Clean Air Act), and
                    ``(B) the motor vehicle safety provisions of 
                sections 30101 through 30169 of title 49, United States 
                Code.
    ``(g) Regulations.--
            ``(1) In general.--Except as provided in paragraph (2), the 
        Secretary shall promulgate such regulations as necessary to 
        carry out the provisions of this section.
            ``(2) Coordination in prescription of certain 
        regulations.--The Secretary of the Treasury, in coordination 
        with the Secretary of Transportation and the Administrator of 
        the Environmental Protection Agency, shall prescribe such 
        regulations as necessary to determine whether a motor vehicle 
        meets the requirements to be eligible for a credit under this 
        section.
    ``(h) Termination.--This section shall not apply to any property 
purchased after--
            ``(1) in the case of a new qualified fuel cell motor 
        vehicle (as described in subsection (b)), December 31, 2011, 
        and
            ``(2) in the case of any other property, December 31, 
        2006.''.
    (b) Conforming Amendments.--
            (1) Section 1016(a) is amended by striking ``and'' at the 
        end of paragraph (31), by striking the period at the end of 
        paragraph (32) and inserting ``, and'', and by adding at the 
        end the following new paragraph:
            ``(33) to the extent provided in section 30C(f)(4).''.
            (2) Section 55(c)(2), as amended by this Act, is amended by 
        inserting ``30C(e),'' after ``30(b)(2),''.
            (3) Section 6501(m) is amended by inserting ``30C(f)(9),'' 
        after ``30(d)(4),''.
            (4) The table of sections for subpart B of part IV of 
        subchapter A of chapter 1, as amended by this Act, is amended 
        by inserting after the item relating to section 30B the 
        following new item:

        ``Sec. 30C. Alternative motor vehicle credit.''.
    (c) Effective Date.--The amendments made by this section shall 
apply to property placed in service after December 31, 2004, in taxable 
years ending after such date.

SEC. 812. MODIFICATION OF CREDIT FOR QUALIFIED ELECTRIC VEHICLES.

    (a) Amount of Credit.--
            (1) In general.--Section 30(a) (relating to allowance of 
        credit) is amended by striking ``10 percent of''.
            (2) Limitation of credit according to type of vehicle.--
        Paragraph (1) of section 30(b) (relating to limitations) is 
        amended to read as follows:
            ``(1) Limitation according to type of vehicle.--The amount 
        of the credit allowed under subsection (a) for any vehicle 
        shall not exceed the greatest of the following amounts 
        applicable to such vehicle:
                    ``(A) In the case of a vehicle with a gross vehicle 
                weight rating not exceeding 8,500 pounds--
                            ``(i) except as provided in clause (ii) or 
                        (iii), $3,500,
                            ``(ii) $6,000, if such vehicle is--
                                    ``(I) capable of a driving range of 
                                at least 100 miles on a single charge 
                                of the vehicle's rechargeable batteries 
                                as measured pursuant to the urban 
                                dynamometer schedules under appendix I 
                                to part 86 of title 40, Code of Federal 
                                Regulations, or
                                    ``(II) capable of a payload 
                                capacity of at least 1,000 pounds, and
                            ``(iii) if such vehicle is a low-speed 
                        vehicle which conforms to Standard 500 
                        prescribed by the Secretary of Transportation 
                        (49 C.F.R. 571.500), as in effect on the date 
                        of the enactment of the Energy Tax Incentives 
                        Act, the lesser of--
                                    ``(I) 10 percent of the 
                                manufacturer's suggested retail price 
                                of the vehicle, or
                                    ``(II) $1,500.
                    ``(B) In the case of a vehicle with a gross vehicle 
                weight rating exceeding 8,500 but not exceeding 14,000 
                pounds, $10,000.
                    ``(C) In the case of a vehicle with a gross vehicle 
                weight rating exceeding 14,000 but not exceeding 26,000 
                pounds, $20,000.
                    ``(D) In the case of a vehicle with a gross vehicle 
                weight rating exceeding 26,000 pounds, $40,000.''.
    (b) Qualified Battery Electric Vehicle.--
            (1) In general.--Section 30(c)(1)(A) (defining qualified 
        electric vehicle) is amended to read as follows:
                    ``(A) which is--
                            ``(i) operated solely by use of a battery 
                        or battery pack, or
                            ``(ii) powered primarily through the use of 
                        an electric battery or battery pack using a 
                        flywheel or capacitor which stores energy 
                        produced by an electric motor through 
                        regenerative braking to assist in vehicle 
                        operation,''.
            (2) Leased vehicles.--Section 30(c)(1)(C) is amended by 
        inserting ``or lease'' after ``use''.
            (3) Conforming amendments.--
                    (A) Subsections (a), (b)(2), and (c) of section 30 
                are each amended by inserting ``battery'' after 
                ``qualified'' each place it appears.
                    (B) The heading of subsection (c) of section 30 is 
                amended by inserting ``Battery'' after ``Qualified''.
                    (C) The heading of section 30 is amended by 
                inserting ``battery'' after ``qualified''.
                    (D) The item relating to section 30 in the table of 
                sections for subpart B of part IV of subchapter A of 
                chapter 1 is amended by inserting ``battery'' after 
                ``qualified''.
                    (E) Section 179A(c)(3) is amended by inserting 
                ``battery'' before ``electric''.
                    (F) The heading of paragraph (3) of section 179A(c) 
                is amended by inserting ``battery'' before 
                ``electric''.
    (c) Additional Special Rules.--Section 30(d) (relating to special 
rules) is amended by adding at the end the following new paragraphs:
            ``(5) No double benefit.--The amount of any deduction or 
        other credit allowable under this chapter for any cost taken 
        into account in computing the amount of the credit determined 
        under subsection (a) shall be reduced by the amount of such 
        credit attributable to such cost.
            ``(6) Property used by tax-exempt entities.--In the case of 
        a credit amount which is allowable with respect to a vehicle 
        which is acquired by an entity exempt from tax under this 
        chapter, the person which sells or leases such vehicle to the 
        entity shall be treated as the taxpayer with respect to the 
        vehicle for purposes of this section and the credit shall be 
        allowed to such person, but only if the person clearly 
        discloses to the entity at the time of any sale or lease the 
        specific amount of any credit otherwise allowable to the entity 
        under this section.
            ``(7) Carryback and carryforward allowed.--
                    ``(A) In general.--If the credit allowable under 
                subsection (a) for a taxable year exceeds the amount of 
                the limitation under subsection (b)(2) for such taxable 
                year (in this paragraph referred to as the `unused 
                credit year'), such excess shall be a credit carryback 
                to each of the 3 taxable years preceding the unused 
                credit year and a credit carryforward to each of the 20 
                taxable years following the unused credit year, except 
                that no excess may be carried to a taxable year 
                beginning before January 1, 2005.
                    ``(B) Rules.--Rules similar to the rules of section 
                39 shall apply with respect to the credit carryback and 
                credit carryforward under subparagraph (A).''.
    (d) Effective Date.--The amendments made by this section shall 
apply to property placed in service after December 31, 2004, in taxable 
years ending after such date.

SEC. 813. CREDIT FOR INSTALLATION OF ALTERNATIVE FUELING STATIONS.

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

``SEC. 30D. CLEAN-FUEL VEHICLE REFUELING PROPERTY CREDIT.

    ``(a) Credit Allowed.--There shall be allowed as a credit against 
the tax imposed by this chapter for the taxable year an amount equal to 
50 percent of the amount paid or incurred by the taxpayer during the 
taxable year for the installation of qualified clean-fuel vehicle 
refueling property.
    ``(b) Limitation.--The credit allowed under subsection (a)--
            ``(1) with respect to any retail clean-fuel vehicle 
        refueling property, shall not exceed $30,000, and
            ``(2) with respect to any residential clean-fuel vehicle 
        refueling property, shall not exceed $1,000.
    ``(c) Year Credit Allowed.--Notwithstanding subsection (a), no 
credit shall be allowed under subsection (a) with respect to any 
qualified clean-fuel vehicle refueling property before the taxable year 
in which the property is placed in service by the taxpayer.
    ``(d) Definitions.--For purposes of this section--
            ``(1) Qualified clean-fuel vehicle refueling property.--The 
        term `qualified clean-fuel vehicle refueling property' has the 
        same meaning given such term by section 179A(d).
            ``(2) Residential clean-fuel vehicle refueling property.--
        The term `residential clean-fuel vehicle refueling property' 
        means qualified clean-fuel vehicle refueling property which is 
        installed on property which is used as the principal residence 
        (within the meaning of section 121) of the taxpayer.
            ``(3) Retail clean-fuel vehicle refueling property.--The 
        term `retail clean-fuel vehicle refueling property' means 
        qualified clean-fuel vehicle refueling property which is 
        installed on property (other than property described in 
        paragraph (2)) used in a trade or business of the taxpayer.
    ``(e) Application With Other Credits.--The credit allowed under 
subsection (a) for any taxable year shall not exceed the excess (if 
any) of--
            ``(1) the regular tax for the taxable year reduced by the 
        sum of the credits allowable under subpart A and sections 27, 
        29, 30, and 30C, over
            ``(2) the tentative minimum tax for the taxable year.
    ``(f) Basis Reduction.--For purposes of this title, the basis of 
any property shall be reduced by the portion of the cost of such 
property taken into account under subsection (a).
    ``(g) No Double Benefit.--
            ``(1) Coordination with other deductions and credits.--
        Except as provided in paragraph (2), the amount of any 
        deduction or other credit allowable under this chapter for any 
        cost taken into account in computing the amount of the credit 
        determined under subsection (a) shall be reduced by the amount 
        of such credit attributable to such cost.
            ``(2) No deduction allowed under section 179a.--No 
        deduction shall be allowed under section 179A with respect to 
        any property with respect to which a credit is allowed under 
        subsection (a).
    ``(h) Refueling Property Installed for Tax-Exempt Entities.--In the 
case of qualified clean-fuel vehicle refueling property installed on 
property owned or used by an entity exempt from tax under this chapter, 
the person which installs such refueling property for the entity shall 
be treated as the taxpayer with respect to the refueling property for 
purposes of this section (and such refueling property shall be treated 
as retail clean-fuel vehicle refueling property) and the credit shall 
be allowed to such person, but only if the person clearly discloses to 
the entity in any installation contract the specific amount of the 
credit allowable under this section.
    ``(i) Carryforward Allowed.--
            ``(1) In general.--If the credit allowable under subsection 
        (a) for a taxable year exceeds the amount of the limitation 
        under subsection (e) for such taxable year, such excess shall 
        be a credit carryforward to each of the 20 taxable years 
        following such taxable year.
            ``(2) Rules.--Rules similar to the rules of section 39 
        shall apply with respect to the credit carryforward under 
        paragraph (1).
    ``(j) Special Rules.--Rules similar to the rules of paragraphs (4) 
and (5) of section 179A(e) shall apply.
    ``(k) Regulations.--The Secretary shall prescribe such regulations 
as necessary to carry out the provisions of this section.
    ``(l) Termination.--This section shall not apply to any property 
placed in service--
            ``(1) in the case of property relating to hydrogen, after 
        December 31, 2011, and
            ``(2) in the case of any other property, after December 31, 
        2007.''.
    (b) Modifications to Extension of Deduction for Certain Refueling 
Property.--Subsection (f) of section 179A is amended to read as 
follows:
    ``(f) Termination.--This section shall not apply to any property 
placed in service--
            ``(1) in the case of property relating to hydrogen, after 
        December 31, 2011, and
            ``(2) in the case of any other property, after December 31, 
        2007.''.
    (c) Incentive for Production of Hydrogen at Qualified Clean-Fuel 
Vehicle Refueling Property.--Section 179A(d) (defining qualified clean-
fuel vehicle refueling property) is amended by adding at the end the 
following new flush sentence:
``In the case of clean-burning fuel which is hydrogen produced from 
another clean-burning fuel, paragraph (3)(A) shall be applied by 
substituting `production, storage, or dispensing' for `storage or 
dispensing' both places it appears.''.
    (d) Conforming Amendments.--
            (1) Section 1016(a), as amended by this Act, is amended by 
        striking ``and'' at the end of paragraph (32), by striking the 
        period at the end of paragraph (33) and inserting ``, and'', 
        and by adding at the end the following new paragraph:
            ``(34) to the extent provided in section 30D(f).''.
            (2) Section 55(c)(2), as amended by this Act, is amended by 
        inserting ``30D(e),'' after ``30C(e),''.
            (3) The table of sections for subpart B of part IV of 
        subchapter A of chapter 1, as amended by this Act, is amended 
        by inserting after the item relating to section 30C the 
        following new item:

        ``Sec. 30D. Clean-fuel vehicle refueling property credit.''.
    (e) Effective Date.--The amendments made by this section shall 
apply to property placed in service after December 31, 2004, in taxable 
years ending after such date.

SEC. 814. CREDIT FOR RETAIL SALE OF ALTERNATIVE FUELS AS MOTOR VEHICLE 
              FUEL.

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

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

    ``(a) General Rule.--For purposes of section 38, the alternative 
fuel retail sales credit for any taxable year is the applicable amount 
for each gasoline gallon equivalent of alternative fuel sold at retail 
by the taxpayer during such year as a fuel to propel any qualified 
motor vehicle.
    ``(b) Definitions.--For purposes of this section--
            ``(1) Applicable amount.--The term `applicable amount' 
        means the amount determined in accordance with the following 
        table:

``In the case of any taxable year
  ending in--                                The applicable amount is--
    2005 and 2006.................................            50 cents.
            ``(2) Alternative fuel.--The term `alternative fuel' means 
        compressed natural gas, liquefied natural gas, liquefied 
        petroleum gas, hydrogen, or any liquid at least 85 percent of 
        the volume of which consists of methanol or ethanol.
            ``(3) Gasoline gallon equivalent.--The term `gasoline 
        gallon equivalent' means, with respect to any alternative fuel, 
        the amount (determined by the Secretary) of such fuel having a 
        Btu content of 114,000.
            ``(4) Qualified motor vehicle.--The term `qualified motor 
        vehicle' means any motor vehicle (as defined in section 
        30(c)(2)) which meets any applicable Federal or State emissions 
        standards with respect to each fuel by which such vehicle is 
        designed to be propelled.
            ``(5) Sold at retail.--
                    ``(A) In general.--The term `sold at retail' means 
                the sale, for a purpose other than resale, after 
                manufacture, production, or importation.
                    ``(B) Use treated as sale.--If any person uses 
                alternative fuel (including any use after importation) 
                as a fuel to propel any new qualified alternative fuel 
                motor vehicle (as defined in section 30C(d)(4)) before 
                such fuel is sold at retail, then such use shall be 
                treated in the same manner as if such fuel were sold at 
                retail as a fuel to propel such a vehicle by such 
                person.
    ``(c) No Double Benefit.--The amount of any deduction or other 
credit allowable under this chapter for any fuel taken into account in 
computing the amount of the credit determined under subsection (a) 
shall be reduced by the amount of such credit attributable to such 
fuel.
    ``(d) Pass-Thru in the Case of Estates and Trusts.--Under 
regulations prescribed by the Secretary, rules similar to the rules of 
subsection (d) of section 52 shall apply.
    ``(e) Termination.--This section shall not apply to any fuel sold 
at retail after December 31, 2006.''.
    (b) Credit Treated as Business Credit.--Section 38(b) (relating to 
current year business credit) is amended by striking ``plus'' at the 
end of paragraph (20), by striking the period at the end of paragraph 
(21) and inserting ``, plus'', and by adding at the end the following 
new paragraph:
            ``(22) the alternative fuel retail sales credit determined 
        under section 40A(a).''.
    (c) Limitation on Carryback.--
            (1) In general.--Subsection (d) of section 39, as amended 
        by this Act, is amended to read as follows:
    ``(d) Transitional Rule.--No portion of the unused business credit 
for any taxable year which is attributable to a credit specified in 
section 38(b) may be carried back to any taxable year before the first 
taxable year for which such specified credit is allowable.''.
            (2) Effective date.--The amendment made by paragraph (1) 
        shall apply with respect to taxable years beginning after 
        December 31, 2003.
    (d) Clerical Amendment.--The table of sections for subpart D of 
part IV of subchapter A of chapter 1 is amended by inserting after the 
item relating to section 40 the following new item:

        ``Sec. 40A. Credit for retail sale of alternative fuels as 
                            motor vehicle fuel.''.
    (e) Effective Date.--Except as otherwise provided, the amendments 
made by this section shall apply to fuel sold at retail after December 
31, 2004, in taxable years ending after such date.

SEC. 815. SMALL ETHANOL PRODUCER CREDIT.

    (a) Allocation of Alcohol Fuels Credit to Patrons of a 
Cooperative.--Section 40(g) (relating to definitions and special rules 
for eligible small ethanol producer credit) is amended by adding at the 
end the following new paragraph:
            ``(6) Allocation of small ethanol producer credit to 
        patrons of cooperative.--
                    ``(A) Election to allocate.--
                            ``(i) In general.--In the case of a 
                        cooperative organization described in section 
                        1381(a), any portion of the credit determined 
                        under subsection (a)(3) for the taxable year 
                        may, at the election of the organization, be 
                        apportioned pro rata among patrons of the 
                        organization on the basis of the quantity or 
                        value of business done with or for such patrons 
                        for the taxable year.
                            ``(ii) Form and effect of election.--An 
                        election under clause (i) for any taxable year 
                        shall be made on a timely filed return for such 
                        year. Such election, once made, shall be 
                        irrevocable for such taxable year.
                    ``(B) Treatment of organizations and patrons.--The 
                amount of the credit apportioned to patrons under 
                subparagraph (A)--
                            ``(i) shall not be included in the amount 
                        determined under subsection (a) with respect to 
                        the organization for the taxable year, and
                            ``(ii) shall be included in the amount 
                        determined under subsection (a) for the taxable 
                        year of each patron for which the patronage 
                        dividends for the taxable year described in 
                        subparagraph (A) are included in gross income.
                    ``(C) Special rules for decrease in credits for 
                taxable year.--If the amount of the credit of a 
                cooperative organization determined under subsection 
                (a)(3) for a taxable year is less than the amount of 
                such credit shown on the return of the cooperative 
                organization for such year, an amount equal to the 
                excess of--
                            ``(i) such reduction, over
                            ``(ii) the amount not apportioned to such 
                        patrons under subparagraph (A) for the taxable 
                        year,
                shall be treated as an increase in tax imposed by this 
                chapter on the organization. Such increase shall not be 
                treated as tax imposed by this chapter for purposes of 
                determining the amount of any credit under this chapter 
                or for purposes of section 55.''.
    (b) Improvements to Small Ethanol Producer Credit.--
            (1) Definition of small ethanol producer.--Section 40(g) 
        (relating to definitions and special rules for eligible small 
        ethanol producer credit) is amended by striking ``30,000,000'' 
        each place it appears and inserting ``60,000,000''.
            (2) Small ethanol producer credit not a passive activity 
        credit.--Clause (i) of section 469(d)(2)(A) is amended by 
        striking ``subpart D'' and inserting ``subpart D, other than 
        section 40(a)(3),''.
            (3) Small ethanol producer credit not added back to income 
        under section 87.--Section 87 (relating to income inclusion of 
        alcohol fuel credit) is amended to read as follows:

``SEC. 87. ALCOHOL FUEL CREDIT.

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

       Subtitle C--Conservation and Energy Efficiency Provisions

SEC. 821. CREDIT FOR CONSTRUCTION OF NEW ENERGY EFFICIENT HOME.

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

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

    ``(a) In General.--For purposes of section 38, in the case of an 
eligible contractor, the credit determined under this section for the 
taxable year is an amount equal to the aggregate adjusted bases of all 
energy efficient property installed in a qualifying new home during 
construction of such home.
    ``(b) Limitations.--
            ``(1) Maximum credit.--
                    ``(A) In general.--The credit allowed by this 
                section with respect to a qualifying new home shall not 
                exceed--
                            ``(i) in the case of a 30-percent home, 
                        $1,000, and
                            ``(ii) in the case of a 50-percent home, 
                        $2,000.
                    ``(B) 30- or 50-percent home.--For purposes of 
                subparagraph (A)--
                            ``(i) 30-percent home.--The term `30-
                        percent home' means--
                                    ``(I) a qualifying new home which 
                                is certified to have a projected level 
                                of annual heating and cooling energy 
                                consumption, measured in terms of 
                                average annual energy cost to the 
                                homeowner, which is at least 30 percent 
                                less than the annual level of heating 
                                and cooling energy consumption of a 
                                qualifying new home constructed in 
                                accordance with the latest standards of 
                                chapter 4 of the International Energy 
                                Conservation Code approved by the 
                                Department of Energy before the 
                                construction of such qualifying new 
                                home and any applicable Federal minimum 
                                efficiency standards for equipment, or
                                    ``(II) in the case of a qualifying 
                                new home which is a manufactured home, 
                                a home which meets the applicable 
                                standards required by the Administrator 
                                of the Environmental Protection Agency 
                                under the Energy Star Labeled Homes 
                                program.
                            ``(ii) 50-percent home.--The term `50-
                        percent home' means a qualifying new home which 
                        would be described in clause (i)(I) if 50 
                        percent were substituted for 30 percent.
                    ``(C) Prior credit amounts on same home taken into 
                account.--The amount of the credit otherwise allowable 
                for the taxable year with respect to a qualifying new 
                home under clause (i) or (ii) of subparagraph (A) shall 
                be reduced by the sum of the credits allowed under 
                subsection (a) to any taxpayer with respect to the home 
                for all preceding taxable years.
            ``(2) Coordination with certain credits.--For purposes of 
        this section--
                    ``(A) the basis of any property referred to in 
                subsection (a) shall be reduced by that portion of the 
                basis of any property which is attributable to the 
                rehabilitation credit (as determined under section 
                47(a)) or to the energy credit (as determined under 
                section 48(a)), and
                    ``(B) expenditures taken into account under section 
                25D, 47, or 48(a) shall not be taken into account under 
                this section.
            ``(3) Provider limitation.--Any eligible contractor who 
        directly or indirectly provides the guarantee of energy savings 
        under a guarantee-based method of certification described in 
        subsection (d)(1)(D) shall not be eligible to receive the 
        credit allowed by this section.
    ``(c) Definitions.--For purposes of this section--
            ``(1) Eligible contractor.--The term `eligible contractor' 
        means--
                    ``(A) the person who constructed the qualifying new 
                home, or
                    ``(B) in the case of a qualifying new home which is 
                a manufactured home, the manufactured home producer of 
                such home.
        If more than 1 person is described in subparagraph (A) or (B) 
        with respect to any qualifying new home, such term means the 
        person designated as such by the owner of such home.
            ``(2) Energy efficient property.--The term `energy 
        efficient property' means any energy efficient building 
        envelope component, and any energy efficient heating or cooling 
        equipment or system which can, individually or in combination 
        with other components, meet the requirements of this section.
            ``(3) Qualifying new home.--
                    ``(A) In general.--The term `qualifying new home' 
                means a dwelling--
                            ``(i) located in the United States,
                            ``(ii) the construction of which is 
                        substantially completed after December 31, 
                        2004, and
                            ``(iii) the first use of which after 
                        construction is as a principal residence 
                        (within the meaning of section 121).
                    ``(B) Manufactured home included.--The term 
                `qualifying new home' includes a manufactured home 
                conforming to Federal Manufactured Home Construction 
                and Safety Standards (24 C.F.R. 3280).
            ``(4) Construction.--The term `construction' includes 
        reconstruction and rehabilitation.
            ``(5) Building envelope component.--The term `building 
        envelope component' means--
                    ``(A) any insulation material or system which is 
                specifically and primarily designed to reduce the heat 
                loss or gain of a qualifying new home when installed in 
                or on such home,
                    ``(B) exterior windows (including skylights), and
                    ``(C) exterior doors.
    ``(d) Certification.--
            ``(1) Method of certification.--
                    ``(A) In general.--A certification described in 
                subsection (b)(1)(B) shall be determined either by a 
                component-based method, a performance-based method, or 
                a guarantee-based method, or, in the case of a 
                qualifying new home which is a manufactured home, by a 
                method prescribed by the Administrator of the 
                Environmental Protection Agency under the Energy Star 
                Labeled Homes program.
                    ``(B) Component-based method.--A component-based 
                method is a method which uses the applicable technical 
                energy efficiency specifications or ratings (including 
                product labeling requirements) for the energy efficient 
                building envelope component or energy efficient heating 
                or cooling equipment. The Secretary shall, in 
                consultation with the Administrator of the 
                Environmental Protection Agency, develop prescriptive 
                component-based packages which are equivalent in energy 
                performance to properties which qualify under 
                subparagraph (C).
                    ``(C) Performance-based method.--
                            ``(i) In general.--A performance-based 
                        method is a method which calculates projected 
                        energy usage and cost reductions in the 
                        qualifying new home in relation to a new home--
                                    ``(I) heated by the same fuel type, 
                                and
                                    ``(II) constructed in accordance 
                                with the latest standards of chapter 4 
                                of the International Energy 
                                Conservation Code approved by the 
                                Department of Energy before the 
                                construction of such qualifying new 
                                home and any applicable Federal minimum 
                                efficiency standards for equipment.
                            ``(ii) Computer software.--Computer 
                        software shall be used in support of a 
                        performance-based method certification under 
                        clause (i). Such software shall meet procedures 
                        and methods for calculating energy and cost 
                        savings in regulations promulgated by the 
                        Secretary of Energy.
                    ``(D) Guarantee-based method.--
                            ``(i) In general.--A guarantee-based method 
                        is a method which guarantees in writing to the 
                        homeowner energy savings of either 30 percent 
                        or 50 percent over the 2000 International 
                        Energy Conservation Code for heating and 
                        cooling costs. The guarantee shall be provided 
                        for a minimum of 2 years and shall fully 
                        reimburse the homeowner any heating and cooling 
                        costs in excess of the guaranteed amount.
                            ``(ii) Computer software.--Computer 
                        software shall be selected by the provider to 
                        support the guarantee-based method 
                        certification under clause (i). Such software 
                        shall meet procedures and methods for 
                        calculating energy and cost savings in 
                        regulations promulgated by the Secretary of 
                        Energy.
            ``(2) Provider.--A certification described in subsection 
        (b)(1)(B) shall be provided by--
                    ``(A) in the case of a component-based method, a 
                local building regulatory authority, a utility, or a 
                home energy rating organization,
                    ``(B) in the case of a performance-based method or 
                a guarantee-based method, an individual recognized by 
                an organization designated by the Secretary for such 
                purposes, or
                    ``(C) in the case of a qualifying new home which is 
                a manufactured home, a manufactured home primary 
                inspection agency.
            ``(3) Form.--
                    ``(A) In general.--A certification described in 
                subsection (b)(1)(B) shall be made in writing in a 
                manner which specifies in readily verifiable fashion 
                the energy efficient building envelope components and 
                energy efficient heating or cooling equipment installed 
                and their respective rated energy efficiency 
                performance, and
                            ``(i) in the case of a performance-based 
                        method, accompanied by a written analysis 
                        documenting the proper application of a 
                        permissible energy performance calculation 
                        method to the specific circumstances of such 
                        qualifying new home, and
                            ``(ii) in the case of a qualifying new home 
                        which is a manufactured home, accompanied by 
                        such documentation as required by the 
                        Administrator of the Environmental Protection 
                        Agency under the Energy Star Labeled Homes 
                        program.
                    ``(B) Form provided to buyer.--A form documenting 
                the energy efficient building envelope components and 
                energy efficient heating or cooling equipment installed 
                and their rated energy efficiency performance shall be 
                provided to the buyer of the qualifying new home. The 
                form shall include labeled R-value for insulation 
                products, NFRC-labeled U-factor and solar heat gain 
                coefficient for windows, skylights, and doors, labeled 
                annual fuel utilization efficiency (AFUE) ratings for 
                furnaces and boilers, labeled heating seasonal 
                performance factor (HSPF) ratings for electric heat 
                pumps, and labeled seasonal energy efficiency ratio 
                (SEER) ratings for air conditioners.
                    ``(C) Ratings label affixed in dwelling.--A 
                permanent label documenting the ratings in subparagraph 
                (B) shall be affixed to the front of the electrical 
                distribution panel of the qualifying new home, or shall 
                be otherwise permanently displayed in a readily 
                inspectable location in such home.
            ``(4) Regulations.--
                    ``(A) In general.--In prescribing regulations under 
                this subsection for performance-based and guarantee-
                based certification methods, the Secretary shall 
                prescribe procedures for calculating annual energy 
                usage and cost reductions for heating and cooling and 
                for the reporting of the results. Such regulations 
                shall--
                            ``(i) provide that any calculation 
                        procedures be fuel neutral such that the same 
                        energy efficiency measures allow a qualifying 
                        new home to be eligible for the credit under 
                        this section regardless of whether such home 
                        uses a gas or oil furnace or boiler or an 
                        electric heat pump, and
                            ``(ii) require that any computer software 
                        allow for the printing of the Federal tax forms 
                        necessary for the credit under this section and 
                        for the printing of forms for disclosure to the 
                        homebuyer.
                    ``(B) Providers.--For purposes of paragraph (2)(B), 
                the Secretary shall establish requirements for the 
                designation of individuals based on the requirements 
                for energy consultants and home energy raters specified 
                by the Mortgage Industry National Home Energy Rating 
                Standards.
    ``(e) Application.--Subsection (a) shall apply to qualifying new 
homes the construction of which is substantially completed after 
December 31, 2004, and purchased during the period beginning on such 
date and ending on--
            ``(1) in the case of any 30-percent home, December 31, 
        2005, and
            ``(2) in the case of any 50-percent home, December 31, 
        2007.''.
    (b) Credit Made Part of General Business Credit.--Section 38(b) 
(relating to current year business credit), as amended by this Act, is 
amended by striking ``plus'' at the end of paragraph (21), by striking 
the period at the end of paragraph (22) and inserting ``, plus'', and 
by adding at the end the following new paragraph:
            ``(23) the new energy efficient home credit determined 
        under section 45K(a).''.
    (c) Denial of Double Benefit.--Section 280C (relating to certain 
expenses for which credits are allowable) is amended by adding at the 
end the following new subsection:
    ``(d) New Energy Efficient Home Expenses.--No deduction shall be 
allowed for that portion of expenses for a qualifying new home 
otherwise allowable as a deduction for the taxable year which is equal 
to the amount of the credit determined for such taxable year under 
section 45K(a).''.
    (d) Deduction for Certain Unused Business Credits.--Section 196(c) 
(defining qualified business credits), as amended by this Act, is 
amended by striking ``and'' at the end of paragraph (10), by striking 
the period at the end of paragraph (11) and inserting ``, and'', and by 
adding after paragraph (11) the following new paragraph:
            ``(12) the new energy efficient home credit determined 
        under section 45K(a).''.
    (e) Clerical Amendment.--The table of sections for subpart D of 
part IV of subchapter A of chapter 1, as amended by this Act, is 
amended by adding at the end the following new item:

                              ``Sec. 45K. New energy efficient home 
                                        credit.''.
    (f) Effective Date.--The amendments made by this section shall 
apply to homes the construction of which is substantially completed 
after December 31, 2004.

SEC. 822. CREDIT FOR ENERGY EFFICIENT APPLIANCES.

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

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

    ``(a) Allowance of Credit.--
            ``(1) In general.--For purposes of section 38, the energy 
        efficient appliance credit determined under this section for 
        the taxable year is an amount equal to the sum of the amounts 
        determined under paragraph (2) for qualified energy efficient 
        appliances produced by the taxpayer during the calendar year 
        ending with or within the taxable year.
            ``(2) Amount.--The amount determined under this paragraph 
        for any category described in subsection (b)(2)(B) shall be the 
        product of the applicable amount for appliances in the category 
        and the eligible production for the category.
    ``(b) Applicable Amount; Eligible Production.--For purposes of 
subsection (a)--
            ``(1) Applicable amount.--The applicable amount is--
                    ``(A) $50, in the case of--
                            ``(i) a clothes washer which is 
                        manufactured with at least a 1.42 MEF, or
                            ``(ii) a refrigerator which consumes at 
                        least 10 percent less kilowatt hours per year 
                        than the energy conservation standards for 
                        refrigerators promulgated by the Department of 
                        Energy and effective on July 1, 2001,
                    ``(B) $100, in the case of--
                            ``(i) a clothes washer which is 
                        manufactured with at least a 1.50 MEF, or
                            ``(ii) a refrigerator which consumes at 
                        least 15 percent (20 percent in the case of a 
                        refrigerator manufactured after 2006) less 
                        kilowatt hours per year than such energy 
                        conservation standards, and
                    ``(C) $150, in the case of a refrigerator 
                manufactured before 2007 which consumes at least 20 
                percent less kilowatt hours per year than such energy 
                conservation standards.
            ``(2) Eligible production.--
                    ``(A) In general.--The eligible production of each 
                category of qualified energy efficient appliances is 
                the excess of--
                            ``(i) the number of appliances in such 
                        category which are produced by the taxpayer 
                        during such calendar year, over
                            ``(ii) the average number of appliances in 
                        such category which were produced by the 
                        taxpayer during calendar years 2001, 2002, and 
                        2003.
                    ``(B) Categories.--For purposes of subparagraph 
                (A), the categories are--
                            ``(i) clothes washers described in 
                        paragraph (1)(A)(i),
                            ``(ii) clothes washers described in 
                        paragraph (1)(B)(i),
                            ``(iii) refrigerators described in 
                        paragraph (1)(A)(ii),
                            ``(iv) refrigerators described in paragraph 
                        (1)(B)(ii), and
                            ``(v) refrigerators described in paragraph 
                        (1)(C).
    ``(c) Limitation on Maximum Credit.--
            ``(1) In general.--The amount of credit allowed under 
        subsection (a) with respect to a taxpayer for all taxable years 
        shall not exceed $60,000,000, of which not more than 
        $30,000,000 may be allowed with respect to the credit 
        determined by using the applicable amount under subsection 
        (b)(1)(A).
            ``(2) Limitation based on gross receipts.--The credit 
        allowed under subsection (a) with respect to a taxpayer for the 
        taxable year shall not exceed an amount equal to 2 percent of 
        the average annual gross receipts of the taxpayer for the 3 
        taxable years preceding the taxable year in which the credit is 
        determined.
            ``(3) Gross receipts.--For purposes of this subsection, the 
        rules of paragraphs (2) and (3) of section 448(c) shall apply.
    ``(d) Definitions.--For purposes of this section--
            ``(1) Qualified energy efficient appliance.--The term 
        `qualified energy efficient appliance' means--
                    ``(A) a clothes washer described in subparagraph 
                (A)(i) or (B)(i) of subsection (b)(1), or
                    ``(B) a refrigerator described in subparagraph 
                (A)(ii), (B)(ii), or (C) of subsection (b)(1).
            ``(2) Clothes washer.--The term `clothes washer' means a 
        residential clothes washer, including a residential style coin 
        operated washer.
            ``(3) Refrigerator.--The term `refrigerator' means an 
        automatic defrost refrigerator-freezer which has an internal 
        volume of at least 16.5 cubic feet.
            ``(4) MEF.--The term `MEF' means Modified Energy Factor (as 
        determined by the Secretary of Energy).
    ``(e) Special Rules.--
            ``(1) In general.--Rules similar to the rules of 
        subsections (c), (d), and (e) of section 52 shall apply for 
        purposes of this section.
            ``(2) Aggregation rules.--All persons treated as a single 
        employer under subsection (a) or (b) of section 52 or 
        subsection (m) or (o) of section 414 shall be treated as 1 
        person for purposes of subsection (a).
    ``(f) Verification.--The taxpayer shall submit such information or 
certification as the Secretary, in consultation with the Secretary of 
Energy, determines necessary to claim the credit amount under 
subsection (a).
    ``(g) Termination.--This section shall not apply--
            ``(1) with respect to refrigerators described in subsection 
        (b)(1)(A)(ii) produced after December 31, 2005, and
            ``(2) with respect to all other qualified energy efficient 
        appliances produced after December 31, 2007.''.
    (b) Credit Made Part of General Business Credit.--Section 38(b) 
(relating to current year business credit), as amended by this Act, is 
amended by striking ``plus'' at the end of paragraph (22), by striking 
the period at the end of paragraph (23) and inserting ``, plus'', and 
by adding at the end the following new paragraph:
            ``(24) the energy efficient appliance credit determined 
        under section 45L(a).''.
    (c) Clerical Amendment.--The table of sections for subpart D of 
part IV of subchapter A of chapter 1, as amended by this Act, is 
amended by adding at the end the following new item:

                              ``Sec. 45L. Energy efficient appliance 
                                        credit.''.
    (d) Effective Date.--The amendments made by this section shall 
apply to appliances produced after December 31, 2004, in taxable years 
ending after such date.

SEC. 823. CREDIT FOR RESIDENTIAL ENERGY EFFICIENT PROPERTY.

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

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

    ``(a) Allowance of Credit.--In the case of an individual, there 
shall be allowed as a credit against the tax imposed by this chapter 
for the taxable year an amount equal to the sum of--
            ``(1) 15 percent of the qualified photovoltaic property 
        expenditures made by the taxpayer during such year,
            ``(2) 15 percent of the qualified solar water heating 
        property expenditures made by the taxpayer during such year,
            ``(3) 30 percent of the qualified fuel cell property 
        expenditures made by the taxpayer during such year,
            ``(4) 30 percent of the qualified wind energy property 
        expenditures made by the taxpayer during such year, and
            ``(5) the sum of the qualified Tier 2 energy efficient 
        building property expenditures made by the taxpayer during such 
        year.
    ``(b) Limitations.--
            ``(1) Maximum credit.--The credit allowed under subsection 
        (a) shall not exceed--
                    ``(A) $2,000 for property described in paragraph 
                (1), (2), or (5) of subsection (d),
                    ``(B) $500 for each 0.5 kilowatt of capacity of 
                property described in subsection (d)(4), and
                    ``(C) for property described in subsection (d)(6)--
                            ``(i) $150 for each electric heat pump 
                        water heater,
                            ``(ii) $125 for each advanced natural gas, 
                        oil, propane furnace, or hot water boiler,
                            ``(iii) $150 for each advanced natural gas, 
                        oil, or propane water heater,
                            ``(iv) $50 for each natural gas, oil, or 
                        propane water heater,
                            ``(v) $50 for an advanced main air 
                        circulating fan,
                            ``(vi) $150 for each advanced combination 
                        space and water heating system,
                            ``(vii) $50 for each combination space and 
                        water heating system, and
                            ``(viii) $250 for each geothermal heat 
                        pump.
            ``(2) Safety certifications.--No credit shall be allowed 
        under this section for an item of property unless--
                    ``(A) in the case of solar water heating property, 
                such property is certified for performance and safety 
                by the non-profit Solar Rating Certification 
                Corporation or a comparable entity endorsed by the 
                government of the State in which such property is 
                installed,
                    ``(B) in the case of a photovoltaic property, a 
                fuel cell property, or a wind energy property, such 
                property meets appropriate fire and electric code 
                requirements, and
                    ``(C) in the case of property described in 
                subsection (d)(6), such property meets the performance 
                and quality standards, and the certification 
                requirements (if any), which--
                            ``(i) have been prescribed by the Secretary 
                        by regulations (after consultation with the 
                        Secretary of Energy or the Administrator of the 
                        Environmental Protection Agency, as 
                        appropriate),
                            ``(ii) in the case of the energy efficiency 
                        ratio (EER) for property described in 
                        subsection (d)(6)(B)(viii)--
                                    ``(I) require measurements to be 
                                based on published data which is tested 
                                by manufacturers at 95 degrees 
                                Fahrenheit, and
                                    ``(II) do not require ratings to be 
                                based on certified data of the Air 
                                Conditioning and Refrigeration 
                                Institute, and
                            ``(iii) are in effect at the time of the 
                        acquisition of the property.
    ``(c) Carryforward of Unused Credit.--If the credit allowable under 
subsection (a) exceeds the limitation imposed by section 26(a) for such 
taxable year reduced by the sum of the credits allowable under this 
subpart (other than this section and section 25D), such excess shall be 
carried to the succeeding taxable year and added to the credit 
allowable under subsection (a) for such succeeding taxable year.
    ``(d) Definitions.--For purposes of this section--
            ``(1) Qualified solar water heating property expenditure.--
        The term `qualified solar water heating property expenditure' 
        means an expenditure for property to heat water for use in a 
        dwelling unit located in the United States and used as a 
        residence by the taxpayer if at least half of the energy used 
        by such property for such purpose is derived from the sun.
            ``(2) Qualified photovoltaic property expenditure.--The 
        term `qualified photovoltaic property expenditure' means an 
        expenditure for property which uses solar energy to generate 
        electricity for use in a dwelling unit located in the United 
        States and used as a residence by the taxpayer.
            ``(3) Solar panels.--No expenditure relating to a solar 
        panel or other property installed as a roof (or portion 
        thereof) shall fail to be treated as property described in 
        paragraph (1) or (2) solely because it constitutes a structural 
        component of the structure on which it is installed.
            ``(4) Qualified fuel cell property expenditure.--The term 
        `qualified fuel cell property expenditure' means an expenditure 
        for qualified fuel cell property (as defined in section 
        48(a)(4)) installed on or in connection with a dwelling unit 
        located in the United States and used as a principal residence 
        (within the meaning of section 121) by the taxpayer.
            ``(5) Qualified wind energy property expenditure.--The term 
        `qualified wind energy property expenditure' means an 
        expenditure for property which uses wind energy to generate 
        electricity for use in a dwelling unit located in the United 
        States and used as a residence by the taxpayer.
            ``(6) Qualified tier 2 energy efficient building property 
        expenditure.--
                    ``(A) In general.--The term `qualified Tier 2 
                energy efficient building property expenditure' means 
                an expenditure for any Tier 2 energy efficient building 
                property.
                    ``(B) Tier 2 energy efficient building property.--
                The term `Tier 2 energy efficient building property' 
                means--
                            ``(i) an electric heat pump water heater 
                        which yields an energy factor of at least 1.7 
                        in the standard Department of Energy test 
                        procedure,
                            ``(ii) an advanced natural gas, oil, 
                        propane furnace, or hot water boiler which 
                        achieves at least 95 percent annual fuel 
                        utilization efficiency (AFUE),
                            ``(iii) an advanced natural gas, oil, or 
                        propane water heater which has an energy factor 
                        of at least 0.80 in the standard Department of 
                        Energy test procedure,
                            ``(iv) a natural gas, oil, or propane water 
                        heater which has an energy factor of at least 
                        0.65 but less than 0.80 in the standard 
                        Department of Energy test procedure,
                            ``(v) an advanced main air circulating fan 
                        used in a new natural gas, propane, or oil-
                        fired furnace, including main air circulating 
                        fans that use a brushless permanent magnet 
                        motor or another type of motor which achieves 
                        similar or higher efficiency at half and full 
                        speed, as determined by the Secretary,
                            ``(vi) an advanced combination space and 
                        water heating system which has a combined 
                        energy factor of at least 0.80 and a combined 
                        annual fuel utilization efficiency (AFUE) of at 
                        least 78 percent in the standard Department of 
                        Energy test procedure,
                            ``(vii) a combination space and water 
                        heating system which has a combined energy 
                        factor of at least 0.65 but less than 0.80 and 
                        a combined annual fuel utilization efficiency 
                        (AFUE) of at least 78 percent in the standard 
                        Department of Energy test procedure, and
                            ``(viii) a geothermal heat pump which has 
                        an energy efficiency ratio (EER) of at least 
                        21.
            ``(7) Labor costs.--Expenditures for labor costs properly 
        allocable to the onsite preparation, assembly, or original 
        installation of the property described in paragraph (1), (2), 
        (4), (5), or (6) and for piping or wiring to interconnect such 
        property to the dwelling unit shall be taken into account for 
        purposes of this section.
            ``(8) Swimming pools, etc., used as storage medium.--
        Expenditures which are properly allocable to a swimming pool, 
        hot tub, or any other energy storage medium which has a 
        function other than the function of such storage shall not be 
        taken into account for purposes of this section.
    ``(e) Special Rules.--For purposes of this section--
            ``(1) Dollar amounts in case of joint occupancy.--In the 
        case of any dwelling unit which is jointly occupied and used 
        during any calendar year as a residence by 2 or more 
        individuals the following rules shall apply:
                    ``(A) The amount of the credit allowable, under 
                subsection (a) by reason of expenditures (as the case 
                may be) made during such calendar year by any of such 
                individuals with respect to such dwelling unit shall be 
                determined by treating all of such individuals as 1 
                taxpayer whose taxable year is such calendar year.
                    ``(B) There shall be allowable, with respect to 
                such expenditures to each of such individuals, a credit 
                under subsection (a) for the taxable year in which such 
                calendar year ends in an amount which bears the same 
                ratio to the amount determined under subparagraph (A) 
                as the amount of such expenditures made by such 
                individual during such calendar year bears to the 
                aggregate of such expenditures made by all of such 
                individuals during such calendar year.
            ``(2) Tenant-stockholder in cooperative housing 
        corporation.--In the case of an individual who is a tenant-
        stockholder (as defined in section 216) in a cooperative 
        housing corporation (as defined in such section), such 
        individual shall be treated as having made his tenant-
        stockholder's proportionate share (as defined in section 
        216(b)(3)) of any expenditures of such corporation.
            ``(3) Condominiums.--
                    ``(A) In general.--In the case of an individual who 
                is a member of a condominium management association 
                with respect to a condominium which the individual 
                owns, such individual shall be treated as having made 
                the individual's proportionate share of any 
                expenditures of such association.
                    ``(B) Condominium management association.--For 
                purposes of this paragraph, the term `condominium 
                management association' means an organization which 
                meets the requirements of paragraph (1) of section 
                528(c) (other than subparagraph (E) thereof) with 
                respect to a condominium project substantially all of 
                the units of which are used as residences.
            ``(4) Allocation in certain cases.--Except in the case of 
        qualified wind energy property expenditures, if less than 80 
        percent of the use of an item is for nonbusiness purposes, only 
        that portion of the expenditures for such item which is 
        properly allocable to use for nonbusiness purposes shall be 
        taken into account.
            ``(5) When expenditure made; amount of expenditure.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), an expenditure with respect to an 
                item shall be treated as made when the original 
                installation of the item is completed.
                    ``(B) Expenditures part of building construction.--
                In the case of an expenditure in connection with the 
                construction or reconstruction of a structure, such 
                expenditure shall be treated as made when the original 
                use of the constructed or reconstructed structure by 
                the taxpayer begins.
                    ``(C) Amount.--The amount of any expenditure shall 
                be the cost thereof.
            ``(6) Property financed by subsidized energy financing.--
        For purposes of determining the amount of expenditures made by 
        any individual with respect to any dwelling unit, there shall 
        not be taken into account expenditures which are made from 
        subsidized energy financing (as defined in section 
        48(a)(5)(C)).
    ``(f) Basis Adjustments.--For purposes of this subtitle, if a 
credit is allowed under this section for any expenditure with respect 
to any property, the increase in the basis of such property which would 
(but for this subsection) result from such expenditure shall be reduced 
by the amount of the credit so allowed.
    ``(g) Termination.--The credit allowed under this section shall not 
apply to expenditures after December 31, 2007.''.
    (b) Credit Allowed Against Regular Tax and Alternative Minimum 
Tax.--
            (1) In general.--Section 25C(b), as added by subsection 
        (a), is amended by adding at the end the following new 
        paragraph:
            ``(3) Limitation based on amount of tax.--The credit 
        allowed under subsection (a) for the taxable year shall not 
        exceed the excess of--
                    ``(A) the sum of the regular tax liability (as 
                defined in section 26(b)) plus the tax imposed by 
                section 55, over
                    ``(B) the sum of the credits allowable under this 
                subpart (other than this section and section 25D) and 
                section 27 for the taxable year.''.
            (2) Conforming amendments.--
                    (A) Section 25C(c), as added by subsection (a), is 
                amended by striking ``section 26(a) for such taxable 
                year reduced by the sum of the credits allowable under 
                this subpart (other than this section and section 
                25D)'' and inserting ``subsection (b)(3)''.
                    (B) Section 23(b)(4)(B) is amended by inserting 
                ``and section 25C'' after ``this section''.
                    (C) Section 24(b)(3)(B) is amended by striking ``23 
                and 25B'' and inserting ``23, 25B, and 25C''.
                    (D) Section 25(e)(1)(C) is amended by inserting 
                ``25C,'' after ``25B,''.
                    (E) Section 25B(g)(2) is amended by striking 
                ``section 23'' and inserting ``sections 23 and 25C''.
                    (F) Section 26(a)(1) is amended by striking ``and 
                25B'' and inserting ``25B, and 25C''.
                    (G) Section 904(i), as redesignated and amended by 
                this Act, is amended by striking ``and 25B'' and 
                inserting ``25B, and 25C''.
                    (H) Section 1400C(d) is amended by striking ``and 
                25B'' and inserting ``25B, and 25C''.
    (c) Additional Conforming Amendments.--
            (1) Section 1016(a), as amended by this Act, is amended by 
        striking ``and'' at the end of paragraph (33), by striking the 
        period at the end of paragraph (34) and inserting ``, and'', 
        and by adding at the end the following new paragraph:
            ``(35) to the extent provided in section 25C(f), in the 
        case of amounts with respect to which a credit has been allowed 
        under section 25C.''.
            (2) The table of sections for subpart A of part IV of 
        subchapter A of chapter 1 is amended by inserting after the 
        item relating to section 25B the following new item:

                              ``Sec. 25C. Residential energy efficient 
                                        property.''.
    (d) Effective Dates.--
            (1) In general.--Except as provided by paragraph (2), the 
        amendments made by this section shall apply to expenditures 
        after December 31, 2004, in taxable years ending after such 
        date.
            (2) Subsection (b).--The amendments made by subsection (b) 
        shall apply to taxable years beginning after December 31, 2004.

SEC. 824. CREDIT FOR BUSINESS INSTALLATION OF QUALIFIED FUEL CELLS AND 
              STATIONARY MICROTURBINE POWER PLANTS.

    (a) In General.--Section 48(a)(3)(A) (defining energy property) is 
amended by striking ``or'' at the end of clause (i), by adding ``or'' 
at the end of clause (ii), and by inserting after clause (ii) the 
following new clause:
                            ``(iii) qualified fuel cell property or 
                        qualified microturbine property,''.
    (b) Qualified Fuel Cell Property; Qualified Microturbine 
Property.--Section 48(a) (relating to energy credit) is amended by 
redesignating paragraphs (4) and (5) as paragraphs (5) and (6), 
respectively, and by inserting after paragraph (3) the following new 
paragraph:
            ``(4) Qualified fuel cell property; qualified microturbine 
        property.--For purposes of this subsection--
                    ``(A) Qualified fuel cell property.--
                            ``(i) In general.--The term `qualified fuel 
                        cell property' means a fuel cell power plant 
                        which--
                                    ``(I) generates at least 0.5 
                                kilowatt of electricity using an 
                                electrochemical process, and
                                    ``(II) has an electricity-only 
                                generation efficiency greater than 30 
                                percent.
                            ``(ii) Limitation.--In the case of 
                        qualified fuel cell property placed in service 
                        during the taxable year, the credit otherwise 
                        determined under paragraph (1) for such year 
                        with respect to such property shall not exceed 
                        an amount equal to $500 for each 0.5 kilowatt 
                        of capacity of such property.
                            ``(iii) Fuel cell power plant.--The term 
                        `fuel cell power plant' means an integrated 
                        system comprised of a fuel cell stack assembly 
                        and associated balance of plant components 
                        which converts a fuel into electricity using 
                        electrochemical means.
                            ``(iv) Termination.--The term `qualified 
                        fuel cell property' shall not include any 
                        property placed in service after December 31, 
                        2007.
                    ``(B) Qualified microturbine property.--
                            ``(i) In general.--The term `qualified 
                        microturbine property' means a stationary 
                        microturbine power plant which--
                                    ``(I) has a capacity of less than 
                                2,000 kilowatts, and
                                    ``(II) has an electricity-only 
                                generation efficiency of not less than 
                                26 percent at International Standard 
                                Organization conditions.
                            ``(ii) Limitation.--In the case of 
                        qualified microturbine property placed in 
                        service during the taxable year, the credit 
                        otherwise determined under paragraph (1) for 
                        such year with respect to such property shall 
                        not exceed an amount equal $200 for each 
                        kilowatt of capacity of such property.
                            ``(iii) Stationary microturbine power 
                        plant.--The term `stationary microturbine power 
                        plant' means an integrated system comprised of 
                        a gas turbine engine, a combustor, a 
                        recuperator or regenerator, a generator or 
                        alternator, and associated balance of plant 
                        components which converts a fuel into 
                        electricity and thermal energy. Such term also 
                        includes all secondary components located 
                        between the existing infrastructure for fuel 
                        delivery and the existing infrastructure for 
                        power distribution, including equipment and 
                        controls for meeting relevant power standards, 
                        such as voltage, frequency, and power factors.
                            ``(iv) Termination.--The term `qualified 
                        microturbine property' shall not include any 
                        property placed in service after December 31, 
                        2006.''.
    (c) Energy Percentage.--Section 48(a)(2)(A) (relating to energy 
percentage) is amended to read as follows:
                    ``(A) In general.--The energy percentage is--
                            ``(i) in the case of qualified fuel cell 
                        property, 30 percent, and
                            ``(ii) in the case of any other energy 
                        property, 10 percent.''.
    (d) Conforming Amendments.--
                    (A) Section 29(b)(3)(A)(i)(III) is amended by 
                striking ``section 48(a)(4)(C)'' and inserting 
                ``section 48(a)(5)(C)''.
                    (B) Section 48(a)(1) is amended by inserting 
                ``except as provided in subparagraph (A)(ii) or (B)(ii) 
                of paragraph (4),'' before ``the energy''.
    (e) Effective Date.--The amendments made by this section shall 
apply to property placed in service after December 31, 2004, in taxable 
years ending after such date, under rules similar to the rules of 
section 48(m) of the Internal Revenue Code of 1986 (as in effect on the 
day before the date of the enactment of the Revenue Reconciliation Act 
of 1990).

SEC. 825. ENERGY EFFICIENT COMMERCIAL BUILDINGS DEDUCTION.

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

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

    ``(a) In General.--There shall be allowed as a deduction for the 
taxable year in which a building is placed in service by a taxpayer, an 
amount equal to the energy efficient commercial building property 
expenditures made by such taxpayer with respect to the construction or 
reconstruction of such building for the taxable year or any preceding 
taxable year.
    ``(b) Maximum Amount of Deduction.--The amount of energy efficient 
commercial building property expenditures taken into account under 
subsection (a) shall not exceed an amount equal to the product of--
            ``(1) $2.25, and
            ``(2) the square footage of the building with respect to 
        which the expenditures are made.
    ``(c) Energy Efficient Commercial Building Property Expenditures.--
For purposes of this section--
            ``(1) In general.--The term `energy efficient commercial 
        building property expenditures' means amounts paid or incurred 
        for energy efficient property installed on or in connection 
        with the construction or reconstruction of a building--
                    ``(A) for which depreciation is allowable under 
                section 167,
                    ``(B) which is located in the United States, and
                    ``(C) which is the type of structure to which the 
                Standard 90.1-2001 of the American Society of Heating, 
                Refrigerating, and Air Conditioning Engineers and the 
                Illuminating Engineering Society of North America is 
                applicable.
        Such term includes expenditures for labor costs properly 
        allocable to the onsite preparation, assembly, or original 
        installation of the property.
            ``(2) Energy efficient property.--For purposes of paragraph 
        (1)--
                    ``(A) In general.--The term `energy efficient 
                property' means any property which reduces total annual 
                energy and power costs with respect to the lighting, 
                heating, cooling, ventilation, and hot water supply 
                systems of the building by 50 percent or more in 
                comparison to a building which meets the minimum 
                requirements of Standard 90.1-2001 of the American 
                Society of Heating, Refrigerating, and Air Conditioning 
                Engineers and the Illuminating Engineering Society of 
                North America, using methods of calculation described 
                in subparagraph (B) and certified by qualified 
                individuals as provided under paragraph (5).
                    ``(B) Methods of calculation.--The Secretary, in 
                consultation with the Secretary of Energy, shall 
                promulgate regulations which describe in detail methods 
                for calculating and verifying energy and power costs.
                    ``(C) Computer software.--
                            ``(i) In general.--Any calculation 
                        described in subparagraph (B) shall be prepared 
                        by qualified computer software.
                            ``(ii) Qualified computer software.--For 
                        purposes of this subparagraph, the term 
                        `qualified computer software' means software--
                                    ``(I) for which the software 
                                designer has certified that the 
                                software meets all procedures and 
                                detailed methods for calculating energy 
                                and power costs as required by the 
                                Secretary,
                                    ``(II) which provides such forms as 
                                required to be filed by the Secretary 
                                in connection with energy efficiency of 
                                property and the deduction allowed 
                                under this section, and
                                    ``(III) which provides a notice 
                                form which summarizes the energy 
                                efficiency features of the building and 
                                its projected annual energy costs.
            ``(3) Allocation of deduction for public property.--In the 
        case of energy efficient commercial building property 
        expenditures made by a public entity with respect to the 
        construction or reconstruction of a public building, the 
        Secretary shall promulgate regulations under which the value of 
        the deduction with respect to such expenditures which would be 
        allowable to the public entity under this section (determined 
        without regard to the tax-exempt status of such entity) may be 
        allocated to the person primarily responsible for designing the 
        energy efficient property. Such person shall be treated as the 
        taxpayer for purposes of this section.
            ``(4) Notice to owner.--Any qualified individual providing 
        a certification under paragraph (5) shall provide an 
        explanation to the owner of the building regarding the energy 
        efficiency features of the building and its projected annual 
        energy costs as provided in the notice under paragraph 
        (2)(C)(ii)(III).
            ``(5) Certification.--
                    ``(A) In general.--The Secretary shall prescribe 
                procedures for the inspection and testing for 
                compliance of buildings by qualified individuals 
                described in subparagraph (B). Such procedures shall 
                be--
                            ``(i) comparable, given the difference 
                        between commercial and residential buildings, 
                        to the requirements in the Mortgage Industry 
                        National Home Energy Rating Standards, and
                            ``(ii) fuel neutral such that the same 
                        energy efficiency measures allow a building to 
                        be eligible for the credit under this section 
                        regardless of whether such building uses a gas 
                        or oil furnace or boiler or an electric heat 
                        pump.
                    ``(B) Qualified individuals.--Individuals qualified 
                to determine compliance shall be only those individuals 
                who are recognized by an organization certified by the 
                Secretary for such purposes. The Secretary may qualify 
                a home energy ratings organization, a local building 
                regulatory authority, a State or local energy office, a 
                utility, or any other organization which meets the 
                requirements prescribed under this paragraph.
                    ``(C) Proficiency of qualified individuals.--The 
                Secretary shall consult with nonprofit organizations 
                and State agencies with expertise in energy efficiency 
                calculations and inspections to develop proficiency 
                tests and training programs to qualify individuals to 
                determine compliance.
    ``(d) Basis Reduction.--For purposes of this subtitle, if a 
deduction is allowed under this section with respect to any energy 
efficient property, the basis of such property shall be reduced by the 
amount of the deduction so allowed.
    ``(e) Interim Rules for Lighting Systems.--Until such time as the 
Secretary issues final regulations under subsection (c)(2)(B) with 
respect to property which is part of a lighting system--
            ``(1) In general.--The lighting system target under 
        subsection (d)(1)(A)(ii) shall be a reduction in lighting power 
        density of 25 percent (50 percent in the case of a warehouse) 
        of the minimum requirements in Table 9.3.1.1 or Table 9.3.1.2 
        (not including additional interior lighting power allowances) 
        of Standard 90.1-2001.
            ``(2) Reduction in credit if reduction less than 40 
        percent.--
                    ``(A) In general.--If, with respect to the lighting 
                system of any building other than a warehouse, the 
                reduction of lighting power density of the lighting 
                system is not at least 40 percent, only the applicable 
                percentage of the amount of credit otherwise allowable 
                under this section with respect to such property shall 
                be allowed.
                    ``(B) Applicable percentage.--For purposes of 
                subparagraph (A), the applicable percentage is the 
                number of percentage points (not greater than 100) 
                equal to the sum of--
                            ``(i) 50, and
                            ``(ii) the amount which bears the same 
                        ratio to 50 as the excess of the reduction of 
                        lighting power density of the lighting system 
                        over 25 percentage points bears to 15.
                    ``(C) Exceptions.--This subsection shall not apply 
                to any system--
                            ``(i) the controls and circuiting of which 
                        do not comply fully with the mandatory and 
                        prescriptive requirements of Standard 90.1-2001 
                        and which do not include provision for bilevel 
                        switching in all occupancies except hotel and 
                        motel guest rooms, store rooms, restrooms, and 
                        public lobbies, or
                            ``(ii) which does not meet the minimum 
                        requirements for calculated lighting levels as 
                        set forth in the Illuminating Engineering 
                        Society of North America Lighting Handbook, 
                        Performance and Application, Ninth Edition, 
                        2000.
    ``(f) Regulations.--The Secretary shall promulgate such regulations 
as necessary to take into account new technologies regarding energy 
efficiency and renewable energy for purposes of determining energy 
efficiency and savings under this section.
    ``(g) Termination.--This section shall not apply with respect to 
any energy efficient commercial building property expenditures in 
connection with a building the construction of which is not completed 
on or before December 31, 2009.''.
    (b) Conforming Amendments.--
            (1) Section 1016(a), as amended by this Act, is amended by 
        striking ``and'' at the end of paragraph (34), by striking the 
        period at the end of paragraph (35) and inserting ``, and'', 
        and by adding at the end the following new paragraph:
            ``(36) to the extent provided in section 179B(d).''.
            (2) Section 1245(a) is amended by inserting ``179B,'' after 
        ``179A,'' both places it appears in paragraphs (2)(C) and 
        (3)(C).
            (3) Section 1250(b)(3) is amended by inserting before the 
        period at the end of the first sentence ``or by section 179B''.
            (4) Section 263(a)(1), as amended by this Act, is amended 
        by striking ``or'' at the end of subparagraph (H), by striking 
        the period at the end of subparagraph (I) and inserting ``, 
        or'', and by inserting after subparagraph (I) the following new 
        subparagraph:
                    ``(J) expenditures for which a deduction is allowed 
                under section 179B.''.
            (5) Section 312(k)(3)(B) is amended by striking ``or 179A'' 
        each place it appears in the heading and text and inserting ``, 
        179A, or 179B''.
    (c) Clerical Amendment.--The table of sections for part VI of 
subchapter B of chapter 1 is amended by inserting after section 179A 
the following new item:

                              ``Sec. 179B. Energy efficient commercial 
                                        buildings deduction.''.
    (d) Effective Date.--The amendments made by this section shall 
apply to taxable years beginning after December 31, 2004.

SEC. 826. THREE-YEAR APPLICABLE RECOVERY PERIOD FOR DEPRECIATION OF 
              QUALIFIED ENERGY MANAGEMENT DEVICES.

    (a) In General.--Section 168(e)(3)(A) (defining 3-year property) is 
amended by striking ``and'' at the end of clause (ii), by striking the 
period at the end of clause (iii) and inserting ``, and'', and by 
adding at the end the following new clause:
                            ``(iv) any qualified energy management 
                        device.''.
    (b) Definition of Qualified Energy Management Device.--Section 
168(i) (relating to definitions and special rules), as amended by this 
Act, is amended by inserting at the end the following new paragraph:
            ``(17) Qualified energy management device.--
                    ``(A) In general.--The term `qualified energy 
                management device' means any energy management device 
                which is placed in service before January 1, 2008, by a 
                taxpayer who is a supplier of electric energy or a 
                provider of electric energy services.
                    ``(B) Energy management device.--For purposes of 
                subparagraph (A), the term `energy management device' 
                means any meter or metering device which is used by the 
                taxpayer--
                            ``(i) to measure and record electricity 
                        usage data on a time-differentiated basis in at 
                        least 4 separate time segments per day, and
                            ``(ii) to provide such data on at least a 
                        monthly basis to both consumers and the 
                        taxpayer.''.
    (c) Alternative System.--The table contained in section 
168(g)(3)(B) is amended by inserting after the item relating to 
subparagraph (A)(iii) the following:

``(A)(iv)......................................................   20''.
    (d) Effective Date.--The amendments made by this section shall 
apply to property placed in service after December 31, 2004, in taxable 
years ending after such date.

SEC. 827. THREE-YEAR APPLICABLE RECOVERY PERIOD FOR DEPRECIATION OF 
              QUALIFIED WATER SUBMETERING DEVICES.

    (a) In General.--Section 168(e)(3)(A) (defining 3-year property), 
as amended by this Act, is amended by striking ``and'' at the end of 
clause (iii), by striking the period at the end of clause (iv) and 
inserting ``, and'', and by adding at the end the following new clause:
                            ``(v) any qualified water submetering 
                        device.''.
    (b) Definition of Qualified Water Submetering Device.--Section 
168(i) (relating to definitions and special rules), as amended by this 
Act, is amended by inserting at the end the following new paragraph:
            ``(16) Qualified water submetering device.--
                    ``(A) In general.--The term `qualified water 
                submetering device' means any water submetering device 
                which is placed in service before January 1, 2008, by a 
                taxpayer who is an eligible resupplier with respect to 
                the unit for which the device is placed in service.
                    ``(B) Water submetering device.--For purposes of 
                this paragraph, the term `water submetering device' 
                means any submetering device which is used by the 
                taxpayer--
                            ``(i) to measure and record water usage 
                        data, and
                            ``(ii) to provide such data on at least a 
                        monthly basis to both consumers and the 
                        taxpayer.
                    ``(C) Eligible resupplier.--For purposes of 
                subparagraph (A), the term `eligible resupplier' means 
                any taxpayer who purchases and installs qualified water 
                submetering devices in every unit in any multi-unit 
                property.''.
    (c) Alternative System.--The table contained in section 
168(g)(3)(B), as amended by this Act, is amended by inserting after the 
item relating to subparagraph (A)(iv) the following:

``(A)(v).......................................................   20''.
    (d) Effective Date.--The amendments made by this section shall 
apply to property placed in service after December 31, 2004, in taxable 
years ending after such date.

SEC. 828. ENERGY CREDIT FOR COMBINED HEAT AND POWER SYSTEM PROPERTY.

    (a) In General.--Section 48(a)(3)(A) (defining energy property), as 
amended by this Act, is amended by striking ``or'' at the end of clause 
(ii), by adding ``or'' at the end of clause (iii), and by inserting 
after clause (iii) the following new clause:
                            ``(iv) combined heat and power system 
                        property,''.
    (b) Combined Heat and Power System Property.--Section 48 (relating 
to energy credit; reforestation credit), as amended by this Act, is 
amended by adding at the end the following new subsection:
    ``(d) Combined Heat and Power System Property.--For purposes of 
subsection (a)(3)(A)(iv)--
            ``(1) Combined heat and power system property.--The term 
        `combined heat and power system property' means property 
        comprising a system--
                    ``(A) which uses the same energy source for the 
                simultaneous or sequential generation of electrical 
                power, mechanical shaft power, or both, in combination 
                with the generation of steam or other forms of useful 
                thermal energy (including heating and cooling 
                applications),
                    ``(B) which has an electrical capacity of not more 
                than 15 megawatts or a mechanical energy capacity of 
                not more than 2,000 horsepower or an equivalent 
                combination of electrical and mechanical energy 
                capacities,
                    ``(C) which produces--
                            ``(i) at least 20 percent of its total 
                        useful energy in the form of thermal energy 
                        which is not used to produce electrical or 
                        mechanical power (or combination thereof), and
                            ``(ii) at least 20 percent of its total 
                        useful energy in the form of electrical or 
                        mechanical power (or combination thereof),
                    ``(D) the energy efficiency percentage of which 
                exceeds 60 percent, and
                    ``(E) which is placed in service before January 1, 
                2007.
            ``(2) Special rules.--
                    ``(A) Energy efficiency percentage.--For purposes 
                of this subsection, the energy efficiency percentage of 
                a system is the fraction--
                            ``(i) the numerator of which is the total 
                        useful electrical, thermal, and mechanical 
                        power produced by the system at normal 
                        operating rates, and expected to be consumed in 
                        its normal application, and
                            ``(ii) the denominator of which is the 
                        lower heating value of the fuel sources for the 
                        system.
                    ``(B) Determinations made on btu basis.--The energy 
                efficiency percentage and the percentages under 
                paragraph (1)(C) shall be determined on a Btu basis.
                    ``(C) Input and output property not included.--The 
                term `combined heat and power system property' does not 
                include property used to transport the energy source to 
                the facility or to distribute energy produced by the 
                facility.
                    ``(D) Public utility property.--
                            ``(i) Accounting rule for public utility 
                        property.--If the combined heat and power 
                        system property is public utility property (as 
                        defined in section 168(i)(10)), the taxpayer 
                        may only claim the credit under subsection (a) 
                        if, with respect to such property, the taxpayer 
                        uses a normalization method of accounting.
                            ``(ii) Certain exception not to apply.--The 
                        matter in subsection (a)(3) which follows 
                        subparagraph (D) thereof shall not apply to 
                        combined heat and power system property.
            ``(3) Systems using bagasse.--If a system is designed to 
        use bagasse for at least 90 percent of the energy source--
                    ``(A) paragraph (1)(D) shall not apply, but
                    ``(B) the amount of credit determined under 
                subsection (a) with respect to such system shall not 
                exceed the amount which bears the same ratio to such 
                amount of credit (determined without regard to this 
                paragraph) as the energy efficiency percentage of such 
                system bears to 60 percent.''.
    (c) Effective Date.--The amendments made by this subsection shall 
apply to periods after December 31, 2004, in taxable years ending after 
such date, under rules similar to the rules of section 48(m) of the 
Internal Revenue Code of 1986 (as in effect on the day before the date 
of the enactment of the Revenue Reconciliation Act of 1990).

SEC. 829. CREDIT FOR ENERGY EFFICIENCY IMPROVEMENTS TO EXISTING HOMES.

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

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

    ``(a) Allowance of Credit.--In the case of an individual, there 
shall be allowed as a credit against the tax imposed by this chapter 
for the taxable year an amount equal to 10 percent of the amount paid 
or incurred by the taxpayer for qualified energy efficiency 
improvements installed during such taxable year.
    ``(b) Limitation.--The credit allowed by this section with respect 
to a dwelling for any taxable year shall not exceed $300, reduced (but 
not below zero) by the sum of the credits allowed under subsection (a) 
to the taxpayer with respect to the dwelling for all preceding taxable 
years.
    ``(c) Carryforward of Unused Credit.--If the credit allowable under 
subsection (a) exceeds the limitation imposed by section 26(a) for such 
taxable year reduced by the sum of the credits allowable under this 
subpart (other than this section) for such taxable year, such excess 
shall be carried to the succeeding taxable year and added to the credit 
allowable under subsection (a) for such succeeding taxable year.
    ``(d) Qualified Energy Efficiency Improvements.--For purposes of 
this section, the term `qualified energy efficiency improvements' means 
any energy efficient building envelope component which is certified to 
meet or exceed the latest prescriptive criteria for such component in 
the International Energy Conservation Code approved by the Department 
of Energy before the installation of such component, or any combination 
of energy efficiency measures which are certified as achieving at least 
a 30 percent reduction in heating and cooling energy usage for the 
dwelling (as measured in terms of energy cost to the taxpayer), if--
            ``(1) such component or combination of measures is 
        installed in or on a dwelling which--
                    ``(A) is located in the United States,
                    ``(B) has not been treated as a qualifying new home 
                for purposes of any credit allowed under section 45K, 
                and
                    ``(C) is owned and used by the taxpayer as the 
                taxpayer's principal residence (within the meaning of 
                section 121),
            ``(2) the original use of such component or combination of 
        measures commences with the taxpayer, and
            ``(3) such component or combination of measures reasonably 
        can be expected to remain in use for at least 5 years.
    ``(e) Certification.--
            ``(1) Methods of certification.--
                    ``(A) Component-based method.--The certification 
                described in subsection (d) for any component described 
                in such subsection shall be determined on the basis of 
                applicable energy efficiency ratings (including product 
                labeling requirements) for affected building envelope 
                components.
                    ``(B) Performance-based method.--
                            ``(i) In general.--The certification 
                        described in subsection (d) for any combination 
                        of measures described in such subsection shall 
                        be--
                                    ``(I) determined by comparing the 
                                projected heating and cooling energy 
                                usage for the dwelling to such usage 
                                for such dwelling in its original 
                                condition, and
                                    ``(II) accompanied by a written 
                                analysis documenting the proper 
                                application of a permissible energy 
                                performance calculation method to the 
                                specific circumstances of such 
                                dwelling.
                            ``(ii) Computer software.--Computer 
                        software shall be used in support of a 
                        performance-based method certification under 
                        clause (i). Such software shall meet procedures 
                        and methods for calculating energy and cost 
                        savings in regulations promulgated by the 
                        Secretary of Energy.
            ``(2) Provider.--A certification described in subsection 
        (d) shall be provided by--
                    ``(A) in the case of the method described in 
                paragraph (1)(A), a third party, such as a local 
                building regulatory authority, a utility, a 
                manufactured home primary inspection agency, or a home 
                energy rating organization, or
                    ``(B) in the case of the method described in 
                paragraph (1)(B), an individual recognized by an 
                organization designated by the Secretary for such 
                purposes.
            ``(3) Form.--A certification described in subsection (d) 
        shall be made in writing on forms which specify in readily 
        inspectable fashion the energy efficient components and other 
        measures and their respective efficiency ratings, and which 
        include a permanent label affixed to the electrical 
        distribution panel of the dwelling.
            ``(4) Regulations.--
                    ``(A) In general.--In prescribing regulations under 
                this subsection for certification methods described in 
                paragraph (1)(B), the Secretary, after examining the 
                requirements for energy consultants and home energy 
                ratings providers specified by the Mortgage Industry 
                National Home Energy Rating Standards, shall prescribe 
                procedures for calculating annual energy usage and cost 
                reductions for heating and cooling and for the 
                reporting of the results. Such regulations shall--
                            ``(i) provide that any calculation 
                        procedures be fuel neutral such that the same 
                        energy efficiency measures allow a dwelling to 
                        be eligible for the credit under this section 
                        regardless of whether such dwelling uses a gas 
                        or oil furnace or boiler or an electric heat 
                        pump, and
                            ``(ii) require that any computer software 
                        allow for the printing of the Federal tax forms 
                        necessary for the credit under this section and 
                        for the printing of forms for disclosure to the 
                        owner of the dwelling.
                    ``(B) Providers.--For purposes of paragraph (2)(B), 
                the Secretary shall establish requirements for the 
                designation of individuals based on the requirements 
                for energy consultants and home energy raters specified 
                by the Mortgage Industry National Home Energy Rating 
                Standards.
    ``(f) Definitions and Special Rules.--For purposes of this 
section--
            ``(1) Dollar amounts in case of joint occupancy.--In the 
        case of any dwelling unit which is jointly occupied and used 
        during any calendar year as a residence by 2 or more 
        individuals the following rules shall apply:
                    ``(A) The amount of the credit allowable under 
                subsection (a) by reason of expenditures for the 
                qualified energy efficiency improvements made during 
                such calendar year by any of such individuals with 
                respect to such dwelling unit shall be determined by 
                treating all of such individuals as 1 taxpayer whose 
                taxable year is such calendar year.
                    ``(B) There shall be allowable, with respect to 
                such expenditures to each of such individuals, a credit 
                under subsection (a) for the taxable year in which such 
                calendar year ends in an amount which bears the same 
                ratio to the amount determined under subparagraph (A) 
                as the amount of such expenditures made by such 
                individual during such calendar year bears to the 
                aggregate of such expenditures made by all of such 
                individuals during such calendar year.
            ``(2) Tenant-stockholder in cooperative housing 
        corporation.--In the case of an individual who is a tenant-
        stockholder (as defined in section 216) in a cooperative 
        housing corporation (as defined in such section), such 
        individual shall be treated as having paid his tenant-
        stockholder's proportionate share (as defined in section 
        216(b)(3)) of the cost of qualified energy efficiency 
        improvements made by such corporation.
            ``(3) Condominiums.--
                    ``(A) In general.--In the case of an individual who 
                is a member of a condominium management association 
                with respect to a condominium which the individual 
                owns, such individual shall be treated as having paid 
                the individual's proportionate share of the cost of 
                qualified energy efficiency improvements made by such 
                association.
                    ``(B) Condominium management association.--For 
                purposes of this paragraph, the term `condominium 
                management association' means an organization which 
                meets the requirements of paragraph (1) of section 
                528(c) (other than subparagraph (E) thereof) with 
                respect to a condominium project substantially all of 
                the units of which are used as residences.
            ``(4) Building envelope component.--The term `building 
        envelope component' means--
                    ``(A) any insulation material or system which is 
                specifically and primarily designed to reduce the heat 
                loss or gain or a dwelling when installed in or on such 
                dwelling,
                    ``(B) exterior windows (including skylights), and
                    ``(C) exterior doors.
            ``(5) Manufactured homes included.--For purposes of this 
        section, the term `dwelling' includes a manufactured home which 
        conforms to Federal Manufactured Home Construction and Safety 
        Standards (24 C.F.R. 3280).
    ``(g) Basis Adjustment.--For purposes of this subtitle, if a credit 
is allowed under this section for any expenditure with respect to any 
property, the increase in the basis of such property which would (but 
for this subsection) result from such expenditure shall be reduced by 
the amount of the credit so allowed.
    ``(h) Termination.--Subsection (a) shall not apply to qualified 
energy efficiency improvements installed after December 31, 2006.''.
    (b) Credit Allowed Against Regular Tax and Alternative Minimum 
Tax.--
            (1) In general.--Section 25D(b), as added by subsection 
        (a), is amended--
                    (A) by striking ``The credit'' and inserting the 
                following:
            ``(1) Dollar amount.--The credit'', and
                    (B) by adding at the end the following new 
                paragraph:
            ``(2) Limitation based on amount of tax.--The credit 
        allowed under subsection (a) for the taxable year shall not 
        exceed the excess of--
                    ``(A) the sum of the regular tax liability (as 
                defined in section 26(b)) plus the tax imposed by 
                section 55, over
                    ``(B) the sum of the credits allowable under this 
                subpart (other than this section) and section 27 for 
                the taxable year.''.
            (2) Conforming amendments.--
                    (A) Section 25D(c), as added by subsection (a), is 
                amended by striking ``section 26(a) for such taxable 
                year reduced by the sum of the credits allowable under 
                this subpart (other than this section)'' and inserting 
                ``subsection (b)(2)''.
                    (B) Section 23(b)(4)(B), as amended by this Act, is 
                amended by striking ``section 25C'' and inserting 
                ``sections 25C and 25D''.
                    (C) Section 24(b)(3)(B), as amended by this Act, is 
                amended by striking ``and 25C'' and inserting ``25C, 
                and 25D''.
                    (D) Section 25(e)(1)(C), as amended by this Act, is 
                amended by inserting ``25D,'' after ``25C,''.
                    (E) Section 25B(g)(2), as amended by this Act, is 
                amended by striking ``23 and 25C'' and inserting ``23, 
                25C, and 25D''.
                    (F) Section 26(a)(1), as amended by this Act, is 
                amended by striking ``and 25C'' and inserting ``25C, 
                and 25D''.
                    (G) Section 904(i), as redesignated and amended by 
                this Act, is amended by striking ``and 25C'' and 
                inserting ``25C, and 25D''.
                    (H) Section 1400C(d), as amended by this Act, is 
                amended by striking ``and 25C'' and inserting ``25C, 
                and 25D''.
    (c) Additional Conforming Amendments.--
            (1) Section 1016(a), as amended by this Act, is amended by 
        striking ``and'' at the end of paragraph (35), by striking the 
        period at the end of paragraph (36) and inserting ``; and'', 
        and by adding at the end the following new paragraph:
            ``(37) to the extent provided in section 25D(g), in the 
        case of amounts with respect to which a credit has been allowed 
        under section 25D.''.
            (2) The table of sections for subpart A of part IV of 
        subchapter A of chapter 1, as amended by this Act, is amended 
        by inserting after the item relating to section 25C the 
        following new item:

                              ``Sec. 25D. Energy efficiency 
                                        improvements to existing 
                                        homes.''.
    (d) Effective Dates.--
            (1) In general.--Except as provided by paragraph (2), the 
        amendments made by this section shall apply to property 
        installed after December 31, 2004, in taxable years ending 
        after such date.
            (2) Subsection (b).--The amendments made by subsection (b) 
        shall apply to taxable years beginning after December 31, 2004.

                   Subtitle D--Clean Coal Incentives

 PART I--CREDIT FOR EMISSION REDUCTIONS AND EFFICIENCY IMPROVEMENTS IN 
         EXISTING COAL-BASED ELECTRICITY GENERATION FACILITIES

SEC. 831. CREDIT FOR PRODUCTION FROM A QUALIFYING CLEAN COAL TECHNOLOGY 
              UNIT.

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

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

    ``(a) General Rule.--For purposes of section 38, the qualifying 
clean coal technology production credit of any taxpayer for any taxable 
year is equal to--
            ``(1) the applicable amount of clean coal technology 
        production credit, multiplied by
            ``(2) the applicable percentage of the sum of--
                    ``(A) the kilowatt hours of electricity, plus
                    ``(B) each 3,413 Btu of fuels or chemicals,
        produced by the taxpayer during such taxable year at a 
        qualifying clean coal technology unit, but only if such 
        production occurs during the 10-year period beginning on the 
        date the unit was returned to service after becoming a 
        qualifying clean coal technology unit.
    ``(b) Applicable Amount.--
            ``(1) In general.--For purposes of this section, the 
        applicable amount of clean coal technology production credit is 
        equal to $0.0034.
            ``(2) Inflation adjustment.--For calendar years after 2005, 
        the applicable amount of clean coal technology production 
        credit shall be adjusted by multiplying such amount by the 
        inflation adjustment factor for the calendar year in which the 
        amount is applied. If any amount as increased under the 
        preceding sentence is not a multiple of 0.01 cent, such amount 
        shall be rounded to the nearest multiple of 0.01 cent.
    ``(c) Applicable Percentage.--For purposes of this section, with 
respect to any qualifying clean coal technology unit, the applicable 
percentage is the percentage equal to the ratio which the portion of 
the national megawatt capacity limitation allocated to the taxpayer 
with respect to such unit under subsection (e) bears to the total 
megawatt capacity of such unit.
    ``(d) Definitions and Special Rules.--For purposes of this 
section--
            ``(1) Qualifying clean coal technology unit.--The term 
        `qualifying clean coal technology unit' means a clean coal 
        technology unit of the taxpayer which--
                    ``(A) on January 1, 2005--
                            ``(i) was a coal-based electricity 
                        generating steam generator-turbine unit which 
                        was not a clean coal technology unit, and
                            ``(ii) had a nameplate capacity rating of 
                        not more than 300 megawatts,
                    ``(B) becomes a clean coal technology unit as the 
                result of the retrofitting, repowering, or replacement 
                of the unit with clean coal technology during the 10-
                year period beginning on January 1, 2005,
                    ``(C) is not receiving nor is scheduled to receive 
                funding under the Clean Coal Technology Program, the 
                Power Plant Improvement Initiative, or the Clean Coal 
                Power Initiative administered by the Secretary of 
                Energy, and
                    ``(D) receives an allocation of a portion of the 
                national megawatt capacity limitation under subsection 
                (e).
            ``(2) Clean coal technology unit.--The term `clean coal 
        technology unit' means a unit which--
                    ``(A) uses clean coal technology, including 
                advanced pulverized coal or atmospheric fluidized bed 
                combustion, pressurized fluidized bed combustion, 
                integrated gasification combined cycle, or any other 
                technology, for the production of electricity,
                    ``(B) uses an input of at least 75 percent coal to 
                produce at least 50 percent of its thermal output as 
                electricity,
                    ``(C) has a design net heat rate of at least 500 
                less than that of such unit as described in paragraph 
                (1)(A),
                    ``(D) has a maximum design net heat rate of not 
                more than 9,500, and
                    ``(E) meets the pollution control requirements of 
                paragraph (3).
            ``(3) Pollution control requirements.--
                    ``(A) In general.--A unit meets the requirements of 
                this paragraph if--
                            ``(i) its emissions of sulfur dioxide, 
                        nitrogen oxide, or particulates meet the lower 
                        of the emission levels for each such emission 
                        specified in--
                                    ``(I) subparagraph (B), or
                                    ``(II) the new source performance 
                                standards of the Clean Air Act (42 
                                U.S.C. 7411) which are in effect for 
                                the category of source at the time of 
                                the retrofitting, repowering, or 
                                replacement of the unit, and
                            ``(ii) its emissions do not exceed any 
                        relevant emission level specified by regulation 
                        pursuant to the hazardous air pollutant 
                        requirements of the Clean Air Act (42 U.S.C. 
                        7412) in effect at the time of the 
                        retrofitting, repowering, or replacement.
                    ``(B) Specific levels.--The levels specified in 
                this subparagraph are--
                            ``(i) in the case of sulfur dioxide 
                        emissions, 50 percent of the sulfur dioxide 
                        emission levels specified in the new source 
                        performance standards of the Clean Air Act (42 
                        U.S.C. 7411) in effect on the date of the 
                        enactment of this section for the category of 
                        source,
                            ``(ii) in the case of nitrogen oxide 
                        emissions--
                                    ``(I) 0.1 pound per million Btu of 
                                heat input if the unit is not a 
                                cyclone-fired boiler, and
                                    ``(II) if the unit is a cyclone-
                                fired boiler, 15 percent of the 
                                uncontrolled nitrogen oxide emissions 
                                from such boilers, and
                            ``(iii) in the case of particulate 
                        emissions, 0.02 pound per million Btu of heat 
                        input.
            ``(4) Design net heat rate.--The design net heat rate with 
        respect to any unit, measured in Btu per kilowatt hour (HHV)--
                    ``(A) shall be based on the design annual heat 
                input to and the design annual net electrical power, 
                fuels, and chemicals output from such unit (determined 
                without regard to such unit's co-generation of steam),
                    ``(B) shall be adjusted for the heat content of the 
                design coal to be used by the unit if it is less than 
                12,000 Btu per pound according to the following 
                formula:
        Design net heat rate = Unit net heat rate  x  [l- {((12,000-
        design coal heat content, Btu per pound)/1,000)  x  0.013}],
                    ``(C) shall be corrected for the site reference 
                conditions of--
                            ``(i) elevation above sea level of 500 
                        feet,
                            ``(ii) air pressure of 14.4 pounds per 
                        square inch absolute (psia),
                            ``(iii) temperature, dry bulb of 63 deg.F,
                            ``(iv) temperature, wet bulb of 54 deg.F, 
                        and
                            ``(v) relative humidity of 55 percent, and
                    ``(D) if carbon capture controls have been 
                installed with respect to any qualifying unit and such 
                controls remove at least 50 percent of the unit's 
                carbon dioxide emissions, shall be adjusted up to the 
                design heat rate level which would have resulted 
                without the installation of such controls.
            ``(5) HHV.--The term `HHV' means higher heating value.
            ``(6) Application of certain rules.--The rules of 
        paragraphs (3), (4), and (5) of section 45(e) shall apply.
            ``(7) Inflation adjustment factor.--
                    ``(A) In general.--The term `inflation adjustment 
                factor' means, with respect to a calendar year, a 
                fraction the numerator of which is the GDP implicit 
                price deflator for the preceding calendar year and the 
                denominator of which is the GDP implicit price deflator 
                for the calendar year 2003.
                    ``(B) GDP implicit price deflator.--The term `GDP 
                implicit price deflator' means, for any calendar year, 
                the most recent revision of the implicit price deflator 
                for the gross domestic product as of June 30 of such 
                calendar year as computed by the Department of Commerce 
                before October 1 of such calendar year.
            ``(8) Noncompliance with pollution laws.--For purposes of 
        this section, a unit which is not in compliance with the 
        applicable State and Federal pollution prevention, control, and 
        permit requirements for any period of time shall not be 
        considered to be a qualifying clean coal technology unit during 
        such period.
    ``(e) National Limitation on the Aggregate Capacity of Qualifying 
Clean Coal Technology Units.--
            ``(1) In general.--For purposes of this section, the 
        national megawatt capacity limitation for qualifying clean coal 
        technology units is 4,000 megawatts.
            ``(2) Allocation of limitation.--The Secretary shall 
        allocate the national megawatt capacity limitation for 
        qualifying clean coal technology units in such manner as the 
        Secretary may prescribe under the regulations under paragraph 
        (3).
            ``(3) Regulations.--Not later than 6 months after the date 
        of the enactment of this section, the Secretary shall prescribe 
        such regulations as may be necessary or appropriate--
                    ``(A) to carry out the purposes of this subsection,
                    ``(B) to limit the capacity of any qualifying clean 
                coal technology unit to which this section applies so 
                that the megawatt capacity allocated to any unit under 
                this subsection does not exceed 300 megawatts and the 
                combined megawatt capacity allocated to all such units 
                when all such units are placed in service during the 
                10-year period described in subsection (d)(1)(B), does 
                not exceed 4,000 megawatts,
                    ``(C) to provide a certification process under 
                which the Secretary, in consultation with the Secretary 
                of Energy, shall approve and allocate the national 
                megawatt capacity limitation--
                            ``(i) to encourage that units with the 
                        highest thermal efficiencies, when adjusted for 
                        the heat content of the design coal and site 
                        reference conditions described in subsection 
                        (d)(4)(C), and environmental performance, be 
                        placed in service as soon as possible, and
                            ``(ii) to allocate capacity to taxpayers 
                        which have a definite and credible plan for 
                        placing into commercial operation a qualifying 
                        clean coal technology unit, including--
                                    ``(I) a site,
                                    ``(II) contractual commitments for 
                                procurement and construction or, in the 
                                case of regulated utilities, the 
                                agreement of the State utility 
                                commission,
                                    ``(III) filings for all necessary 
                                preconstruction approvals,
                                    ``(IV) a demonstrated record of 
                                having successfully completed 
                                comparable projects on a timely basis, 
                                and
                                    ``(V) such other factors that the 
                                Secretary determines are appropriate,
                    ``(D) to allocate the national megawatt capacity 
                limitation to a portion of the capacity of a qualifying 
                clean coal technology unit if the Secretary determines 
                that such an allocation would maximize the amount of 
                efficient production encouraged with the available tax 
                credits,
                    ``(E) to set progress requirements and conditional 
                approvals so that capacity allocations for clean coal 
                technology units which become unlikely to meet the 
                necessary conditions for qualifying can be reallocated 
                by the Secretary to other clean coal technology units, 
                and
                    ``(F) to provide taxpayers with opportunities to 
                correct administrative errors and omissions with 
                respect to allocations and record keeping within a 
                reasonable period after discovery, taking into account 
                the availability of regulations and other 
                administrative guidance from the Secretary.''.
    (b) Credit Treated as Business Credit.--Section 38(b) (relating to 
current year business credit), as amended by this Act, is amended by 
striking ``plus'' at the end of paragraph (23), by striking the period 
at the end of paragraph (24) and inserting ``, plus'', and by adding at 
the end the following new paragraph:
            ``(25) the qualifying clean coal technology production 
        credit determined under section 45M(a).''.
    (c) Clerical Amendment.--The table of sections for subpart D of 
part IV of subchapter A of chapter 1, as amended by this Act, is 
amended by adding at the end the following new item:

``Sec. 45M. Credit for production from a qualifying clean coal 
                            technology unit.''.
    (d) Effective Date.--The amendments made by this section shall 
apply to production after December 31, 2004, in taxable years ending 
after such date.

PART II--INCENTIVES FOR EARLY COMMERCIAL APPLICATIONS OF ADVANCED CLEAN 
                           COAL TECHNOLOGIES

SEC. 832. CREDIT FOR INVESTMENT IN QUALIFYING ADVANCED CLEAN COAL 
              TECHNOLOGY.

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

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

    ``(a) In General.--For purposes of section 46, the qualifying 
advanced clean coal technology unit credit for any taxable year is an 
amount equal to 10 percent of the applicable percentage of the 
qualified investment in a qualifying advanced clean coal technology 
unit for such taxable year.
    ``(b) Qualifying Advanced Clean Coal Technology Unit.--
            ``(1) In general.--For purposes of subsection (a), the term 
        `qualifying advanced clean coal technology unit' means an 
        advanced clean coal technology unit of the taxpayer--
                    ``(A)(i) in the case of a unit first placed in 
                service after December 31, 2004, the original use of 
                which commences with the taxpayer, or
                    ``(ii) in the case of the retrofitting or 
                repowering of a unit first placed in service before 
                January 1, 2005, the retrofitting or repowering of 
                which is completed by the taxpayer after such date, or
                    ``(B) which is depreciable under section 167,
                    ``(C) which has a useful life of not less than 4 
                years,
                    ``(D) which is located in the United States,
                    ``(E) which is not receiving nor is scheduled to 
                receive funding under the Clean Coal Technology 
                Program, the Power Plant Improvement Initiative, or the 
                Clean Coal Power Initiative administered by the 
                Secretary of Energy,
                    ``(F) which is not a qualifying clean coal 
                technology unit, and
                    ``(G) which receives an allocation of a portion of 
                the national megawatt capacity limitation under 
                subsection (f).
            ``(2) Special rule for sale-leasebacks.--For purposes of 
        subparagraph (A) of paragraph (1), in the case of a unit 
        which--
                    ``(A) is originally placed in service by a person, 
                and
                    ``(B) is sold and leased back by such person, or is 
                leased to such person, within 3 months after the date 
                such unit was originally placed in service, for a 
                period of not less than 12 years,
        such unit shall be treated as originally placed in service not 
        earlier than the date on which such unit is used under the 
        leaseback (or lease) referred to in subparagraph (B). The 
        preceding sentence shall not apply to any property if the 
        lessee and lessor of such property make an election under this 
        sentence. Such an election, once made, may be revoked only with 
        the consent of the Secretary.
            ``(3) Noncompliance with pollution laws.--For purposes of 
        this subsection, a unit which is not in compliance with the 
        applicable State and Federal pollution prevention, control, and 
        permit requirements for any period of time shall not be 
        considered to be a qualifying advanced clean coal technology 
        unit during such period.
    ``(c) Applicable Percentage.--For purposes of this section, with 
respect to any qualifying advanced clean coal technology unit, the 
applicable percentage is the percentage equal to the ratio which the 
portion of the national megawatt capacity limitation allocated to the 
taxpayer with respect to such unit under subsection (f) bears to the 
total megawatt capacity of such unit.
    ``(d) Advanced Clean Coal Technology Unit.--For purposes of this 
section--
            ``(1) In general.--The term `advanced clean coal technology 
        unit' means a new, retrofit, or repowering unit of the taxpayer 
        which--
                    ``(A) is--
                            ``(i) an eligible advanced pulverized coal 
                        or atmospheric fluidized bed combustion 
                        technology unit,
                            ``(ii) an eligible pressurized fluidized 
                        bed combustion technology unit,
                            ``(iii) an eligible integrated gasification 
                        combined cycle technology unit, or
                            ``(iv) an eligible other technology unit, 
                        and
                    ``(B) meets the carbon emission rate requirements 
                of paragraph (6).
            ``(2) Eligible advanced pulverized coal or atmospheric 
        fluidized bed combustion technology unit.--The term `eligible 
        advanced pulverized coal or atmospheric fluidized bed 
        combustion technology unit' means a clean coal technology unit 
        using advanced pulverized coal or atmospheric fluidized bed 
        combustion technology which--
                    ``(A) is placed in service after December 31, 2004, 
                and before January 1, 2013, and
                    ``(B) has a design net heat rate of not more than 
                8,500 (8,900 in the case of units placed in service 
                before 2009).
            ``(3) Eligible pressurized fluidized bed combustion 
        technology unit.--The term `eligible pressurized fluidized bed 
        combustion technology unit' means a clean coal technology unit 
        using pressurized fluidized bed combustion technology which--
                    ``(A) is placed in service after December 31, 2004, 
                and before January 1, 2017, and
                    ``(B) has a design net heat rate of not more than 
                7,720 (8,900 in the case of units placed in service 
                before 2009, and 8,500 in the case of units placed in 
                service after 2008 and before 2013).
            ``(4) Eligible integrated gasification combined cycle 
        technology unit.--The term `eligible integrated gasification 
        combined cycle technology unit' means a clean coal technology 
        unit using integrated gasification combined cycle technology, 
        with or without fuel or chemical co-production, which--
                    ``(A) is placed in service after December 31, 2004, 
                and before January 1, 2017,
                    ``(B) has a design net heat rate of not more than 
                7,720 (8,900 in the case of units placed in service 
                before 2009, and 8,500 in the case of units placed in 
                service after 2008 and before 2013), and
                    ``(C) has a net thermal efficiency (HHV) using coal 
                with fuel or chemical co-production of not less than 
                44.2 percent (38.4 percent in the case of units placed 
                in service before 2009, and 40.2 percent in the case of 
                units placed in service after 2008 and before 2013).
            ``(5) Eligible other technology unit.--The term `eligible 
        other technology unit' means a clean coal technology unit using 
        any other technology for the production of electricity which is 
        placed in service after December 31, 2004, and before January 
        1, 2017.
            ``(6) Carbon emission rate requirements.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), a unit meets the requirements of this 
                paragraph if--
                            ``(i) in the case of a unit using design 
                        coal with a heat content of not more than 9,000 
                        Btu per pound, the carbon emission rate is less 
                        than 0.60 pound of carbon per kilowatt hour, 
                        and
                            ``(ii) in the case of a unit using design 
                        coal with a heat content of more than 9,000 Btu 
                        per pound, the carbon emission rate is less 
                        than 0.54 pound of carbon per kilowatt hour.
                    ``(B) Eligible other technology unit.--In the case 
                of an eligible other technology unit, subparagraph (A) 
                shall be applied by substituting `0.51' and `0.459' for 
                `0.60' and `0.54', respectively.
    ``(e) General Definitions.--Any term used in this section which is 
also used in section 45M shall have the meaning given such term in 
section 45M.
    ``(f) National Limitation on the Aggregate Capacity of Advanced 
Clean Coal Technology Units.--
            ``(1) In general.--For purposes of subsection (b)(1)(G), 
        the national megawatt capacity limitation is--
                    ``(A) for qualifying advanced clean coal technology 
                units using advanced pulverized coal or atmospheric 
                fluidized bed combustion technology, not more than 
                1,000 megawatts (not more than 500 megawatts in the 
                case of units placed in service before 2009),
                    ``(B) for such units using pressurized fluidized 
                bed combustion technology, not more than 500 megawatts 
                (not more than 250 megawatts in the case of units 
                placed in service before 2009),
                    ``(C) for such units using integrated gasification 
                combined cycle technology, with or without fuel or 
                chemical co-production, not more than 2,000 megawatts 
                (not more than 1,000 megawatts in the case of units 
                placed in service before 2009), and
                    ``(D) for such units using other technology for the 
                production of electricity, not more than 500 megawatts 
                (not more than 250 megawatts in the case of units 
                placed in service before 2009).
            ``(2) Allocation of limitation.--The Secretary shall 
        allocate the national megawatt capacity limitation for 
        qualifying advanced clean coal technology units in such manner 
        as the Secretary may prescribe under the regulations under 
        paragraph (3).
            ``(3) Regulations.--Not later than 6 months after the date 
        of the enactment of this section, the Secretary shall prescribe 
        such regulations as may be necessary or appropriate--
                    ``(A) to carry out the purposes of this subsection 
                and section 45N,
                    ``(B) to limit the capacity of any qualifying 
                advanced clean coal technology unit to which this 
                section applies so that the combined megawatt capacity 
                of all such units to which this section applies does 
                not exceed 4,000 megawatts,
                    ``(C) to provide a certification process described 
                in section 45M(e)(3)(C),
                    ``(D) to carry out the purposes described in 
                subparagraphs (D), (E), and (F) of section 45M(e)(3), 
                and
                    ``(E) to reallocate capacity which is not allocated 
                to any technology described in subparagraphs (A) 
                through (D) of paragraph (1) because an insufficient 
                number of qualifying units request an allocation for 
                such technology, to another technology described in 
                such subparagraphs in order to maximize the amount of 
                energy efficient production encouraged with the 
                available tax credits.
            ``(4) Selection criteria.--For purposes of this subsection, 
        the selection criteria for allocating the national megawatt 
        capacity limitation to qualifying advanced clean coal 
        technology units--
                    ``(A) shall be established by the Secretary of 
                Energy as part of a competitive solicitation,
                    ``(B) shall include primary criteria of minimum 
                design net heat rate, maximum design thermal 
                efficiency, environmental performance, and lowest cost 
                to the Government, and
                    ``(C) shall include supplemental criteria as 
                determined appropriate by the Secretary of Energy.
    ``(g) Qualified Investment.--For purposes of subsection (a), the 
term `qualified investment' means, with respect to any taxable year, 
the basis of a qualifying advanced clean coal technology unit placed in 
service by the taxpayer during such taxable year (in the case of a unit 
described in subsection (b)(1)(A)(ii), only that portion of the basis 
of such unit which is properly attributable to the retrofitting or 
repowering of such unit).
    ``(h) Qualified Progress Expenditures.--
            ``(1) Increase in qualified investment.--In the case of a 
        taxpayer who has made an election under paragraph (5), the 
        amount of the qualified investment of such taxpayer for the 
        taxable year (determined under subsection (g) without regard to 
        this subsection) shall be increased by an amount equal to the 
        aggregate of each qualified progress expenditure for the 
        taxable year with respect to progress expenditure property.
            ``(2) Progress expenditure property defined.--For purposes 
        of this subsection, the term `progress expenditure property' 
        means any property being constructed by or for the taxpayer and 
        which it is reasonable to believe will qualify as a qualifying 
        advanced clean coal technology unit which is being constructed 
        by or for the taxpayer when it is placed in service.
            ``(3) Qualified progress expenditures defined.--For 
        purposes of this subsection--
                    ``(A) Self-constructed property.--In the case of 
                any self-constructed property, the term `qualified 
                progress expenditures' means the amount which, for 
                purposes of this subpart, is properly chargeable 
                (during such taxable year) to capital account with 
                respect to such property.
                    ``(B) Nonself-constructed property.--In the case of 
                nonself-constructed property, the term `qualified 
                progress expenditures' means the amount paid during the 
                taxable year to another person for the construction of 
                such property.
            ``(4) Other definitions.--For purposes of this subsection--
                    ``(A) Self-constructed property.--The term `self-
                constructed property' means property for which it is 
                reasonable to believe that more than half of the 
                construction expenditures will be made directly by the 
                taxpayer.
                    ``(B) Nonself-constructed property.--The term 
                `nonself-constructed property' means property which is 
                not self-constructed property.
                    ``(C) Construction, etc.--The term `construction' 
                includes reconstruction and erection, and the term 
                `constructed' includes reconstructed and erected.
                    ``(D) Only construction of qualifying advanced 
                clean coal technology unit to be taken into account.--
                Construction shall be taken into account only if, for 
                purposes of this subpart, expenditures therefor are 
                properly chargeable to capital account with respect to 
                the property.
            ``(5) Election.--An election under this subsection may be 
        made at such time and in such manner as the Secretary may by 
        regulations prescribe. Such an election shall apply to the 
        taxable year for which made and to all subsequent taxable 
        years. Such an election, once made, may not be revoked except 
        with the consent of the Secretary.
    ``(i) Coordination With Other Credits.--This section shall not 
apply to any property with respect to which the rehabilitation credit 
under section 47 or the energy credit under section 48 is allowed 
unless the taxpayer elects to waive the application of such credit to 
such property.''.
    (c) Recapture.--Section 50(a) (relating to other special rules) is 
amended by adding at the end the following new paragraph:
            ``(6) Special rules relating to qualifying advanced clean 
        coal technology unit.--For purposes of applying this subsection 
        in the case of any credit allowable by reason of section 48A, 
        the following rules shall apply:
                    ``(A) General rule.--In lieu of the amount of the 
                increase in tax under paragraph (1), the increase in 
                tax shall be an amount equal to the investment tax 
                credit allowed under section 38 for all prior taxable 
                years with respect to a qualifying advanced clean coal 
                technology unit (as defined by section 48A(b)(1)) 
                multiplied by a fraction the numerator of which is the 
                number of years remaining to fully depreciate under 
                this title the qualifying advanced clean coal 
                technology unit disposed of, and the denominator of 
                which is the total number of years over which such unit 
                would otherwise have been subject to depreciation. For 
                purposes of the preceding sentence, the year of 
                disposition of the qualifying advanced clean coal 
                technology unit shall be treated as a year of remaining 
                depreciation.
                    ``(B) Property ceases to qualify for progress 
                expenditures.--Rules similar to the rules of paragraph 
                (2) shall apply in the case of qualified progress 
                expenditures for a qualifying advanced clean coal 
                technology unit under section 48A, except that the 
                amount of the increase in tax under subparagraph (A) of 
                this paragraph shall be substituted for the amount 
                described in such paragraph (2).
                    ``(C) Application of paragraph.--This paragraph 
                shall be applied separately with respect to the credit 
                allowed under section 38 regarding a qualifying 
                advanced clean coal technology unit.''.
    (d) Technical Amendments.--
            (1) Section 49(a)(1)(C) is amended by striking ``and'' at 
        the end of clause (ii), by striking the period at the end of 
        clause (iii) and inserting ``, and'', and by adding at the end 
        the following new clause:
                            ``(iv) the portion of the basis of any 
                        qualifying advanced clean coal technology unit 
                        attributable to any qualified investment (as 
                        defined by section 48A(g)).''.
            (2) Section 50(a)(4) is amended by striking ``and (2)'' and 
        inserting ``, (2), and (6)''.
            (3) Section 50(c) is amended by adding at the end the 
        following new paragraph:
            ``(6) Nonapplication.--Paragraphs (1) and (2) shall not 
        apply to any qualifying advanced clean coal technology unit 
        credit under section 48A.''.
            (4) The table of sections for subpart E of part IV of 
        subchapter A of chapter 1 is amended by inserting after the 
        item relating to section 48 the following new item:

``Sec. 48A. Qualifying advanced clean coal technology unit credit.''.
    (e) Effective Date.--The amendments made by this section shall 
apply to periods after December 31, 2004, under rules similar to the 
rules of section 48(m) of the Internal Revenue Code of 1986 (as in 
effect on the day before the date of the enactment of the Revenue 
Reconciliation Act of 1990).

SEC. 833. CREDIT FOR PRODUCTION FROM A QUALIFYING ADVANCED CLEAN COAL 
              TECHNOLOGY UNIT.

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

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

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

------------------------------------------------------------------------
                                            The applicable amount is:
                                       ---------------------------------
    ``The design net heat rate is:      For 1st 5 years   For 2d 5 years
                                        of such service  of such service
------------------------------------------------------------------------
Not more than 8,500...................          $.0060           $.0038
More than 8,500 but not more than               $.0025           $.0010
 8,750................................
More than 8,750 but less than 8,900...          $.0010          $.0010.
------------------------------------------------------------------------

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

------------------------------------------------------------------------
                                            The applicable amount is:
                                       ---------------------------------
    ``The design net heat rate is:      For 1st 5 years   For 2d 5 years
                                        of such service  of such service
------------------------------------------------------------------------
Not more than 7,770...................          $.0105           $.0090
More than 7,770 but not more than               $.0085           $.0068
 8,125................................
More than 8,125 but less than 8,500...          $.0075          $.0055.
------------------------------------------------------------------------

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

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

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

------------------------------------------------------------------------
                                            The applicable amount is:
     ``The unit design net thermal     ---------------------------------
         efficiency (HHV) is:           For 1st 5 years   For 2d 5 years
                                        of such service  of such service
------------------------------------------------------------------------
Not less than 40.2 percent............          $.0060           $.0038
Less than 40.2 but not less than 39             $.0025           $.0010
 percent..............................
Less than 39 but not less than 38.4             $.0010          $.0010.
 percent..............................
------------------------------------------------------------------------

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

------------------------------------------------------------------------
                                            The applicable amount is:
     ``The unit design net thermal     ---------------------------------
         efficiency (HHV) is:           For 1st 5 years   For 2d 5 years
                                        of such service  of such service
------------------------------------------------------------------------
Not less than 43.9 percent............          $.0105           $.0090
Less than 43.9 but not less than 42             $.0085           $.0068
 percent..............................
Less than 42 but not less than 40.2             $.0075          $.0055.
 percent..............................
------------------------------------------------------------------------

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

------------------------------------------------------------------------
                                            The applicable amount is:
     ``The unit design net thermal     ---------------------------------
         efficiency (HHV) is:           For 1st 5 years   For 2d 5 years
                                        of such service  of such service
------------------------------------------------------------------------
 
Not less than 46.3 percent............          $.0140           $.0115
Less than 46.3 but not less than 44.2           $.0120          $.0090.
 percent..............................
------------------------------------------------------------------------

            ``(2) Special rule for units qualifying for greater 
        applicable amount when placed in service.--If, at the time a 
        qualifying advanced clean coal technology unit is placed in 
        service, production from the unit would be entitled to a 
        greater applicable amount if such unit had been placed in 
        service at a later date, the applicable amount for such unit 
        shall be such greater amount.
    ``(c) Inflation Adjustment.--For calendar years after 2005, each 
dollar amount in subsection (b)(1) shall be adjusted by multiplying 
such amount by the inflation adjustment factor for the calendar year in 
which the amount is applied. If any amount as increased under the 
preceding sentence is not a multiple of 0.01 cent, such amount shall be 
rounded to the nearest multiple of 0.01 cent.
    ``(d) Definitions and Special Rules.--For purposes of this 
section--
            ``(1) In general.--Any term used in this section which is 
        also used in section 45M or 48A shall have the meaning given 
        such term in such section.
            ``(2) Applicable rules.--The rules of paragraphs (3), (4), 
        and (5) of section 45(e) shall apply.''.
    (b) Credit Treated as Business Credit.--Section 38(b) (relating to 
current year business credit), as amended by this Act, is amended by 
striking ``plus'' at the end of paragraph (24), by striking the period 
at the end of paragraph (25) and inserting ``, plus'', and by adding at 
the end the following new paragraph:
            ``(26) the qualifying advanced clean coal technology 
        production credit determined under section 45N(a).''.
    (c) Denial of Double Benefit.--Section 29(d) (relating to other 
definitions and special rules) is amended by adding at the end the 
following new paragraph:
            ``(9) Denial of double benefit.--This section shall not 
        apply with respect to any qualified fuel the production of 
        which may be taken into account for purposes of determining the 
        credit under section 45N.''.
    (d) Clerical Amendment.--The table of sections for subpart D of 
part IV of subchapter A of chapter 1, as amended by this Act, is 
amended by adding at the end the following new item:

``Sec. 45N. Credit for production from a qualifying advanced clean coal 
                            technology unit.''.
    (e) Effective Date.--The amendments made by this section shall 
apply to production after December 31, 2004, in taxable years ending 
after such date.

      PART III--TREATMENT OF PERSONS NOT ABLE TO USE ENTIRE CREDIT

SEC. 834. TREATMENT OF PERSONS NOT ABLE TO USE ENTIRE CREDIT.

    (a) In General.--Section 45M, as added by this Act, is amended by 
adding at the end the following new subsection:
    ``(f) Treatment of Person Not Able To Use Entire Credit.--
            ``(1) Allowance of credits.--
                    ``(A) In general.--Any credit allowable under this 
                section, section 45N, or section 48A with respect to a 
                facility owned by a person described in subparagraph 
                (B) may be transferred or used as provided in this 
                subsection, and the determination as to whether the 
                credit is allowable shall be made without regard to the 
                tax-exempt status of the person.
                    ``(B) Persons described.--A person is described in 
                this subparagraph if the person is--
                            ``(i) an organization described in section 
                        501(c)(12)(C) and exempt from tax under section 
                        501(a),
                            ``(ii) an organization described in section 
                        1381(a)(2)(C),
                            ``(iii) a public utility (as defined in 
                        section 136(c)(2)(B)),
                            ``(iv) any State or political subdivision 
                        thereof, the District of Columbia, or any 
                        agency or instrumentality of any of the 
                        foregoing,
                            ``(v) any Indian tribal government (within 
                        the meaning of section 7871) or any agency or 
                        instrumentality thereof, or
                            ``(vi) the Tennessee Valley Authority.
            ``(2) Transfer of credit.--
                    ``(A) In general.--A person described in clause 
                (i), (ii), (iii), (iv), or (v) of paragraph (1)(B) may 
                transfer any credit to which paragraph (1)(A) applies 
                through an assignment to any other person not described 
                in paragraph (1)(B). Such transfer may be revoked only 
                with the consent of the Secretary.
                    ``(B) Regulations.--The Secretary shall prescribe 
                such regulations as necessary to ensure that any credit 
                described in subparagraph (A) is claimed once and not 
                reassigned by such other person.
                    ``(C) Transfer proceeds treated as arising from 
                essential government function.--Any proceeds derived by 
                a person described in clause (iii), (iv), or (v) of 
                paragraph (1)(B) from the transfer of any credit under 
                subparagraph (A) shall be treated as arising from the 
                exercise of an essential government function.
            ``(3) Use of credit as an offset.--Notwithstanding any 
        other provision of law, in the case of a person described in 
        clause (i), (ii), or (v) of paragraph (1)(B), any credit to 
        which paragraph (1)(A) applies may be applied by such person, 
        to the extent provided by the Secretary of Agriculture, as a 
        prepayment of any loan, debt, or other obligation the entity 
        has incurred under subchapter I of chapter 31 of title 7 of the 
        Rural Electrification Act of 1936 (7 U.S.C. 901 et seq.), as in 
        effect on the date of the enactment of this section.
            ``(4) Use by tva.--
                    ``(A) In general.--Notwithstanding any other 
                provision of law, in the case of a person described in 
                paragraph (1)(B)(vi), any credit to which paragraph 
                (1)(A) applies may be applied as a credit against the 
                payments required to be made in any fiscal year under 
                section 15d(e) of the Tennessee Valley Authority Act of 
                1933 (16 U.S.C. 831n-4(e)) as an annual return on the 
                appropriations investment and an annual repayment sum.
                    ``(B) Treatment of credits.--The aggregate amount 
                of credits described in paragraph (1)(A) with respect 
                to such person shall be treated in the same manner and 
                to the same extent as if such credits were a payment in 
                cash and shall be applied first against the annual 
                return on the appropriations investment.
                    ``(C) Credit carryover.--With respect to any fiscal 
                year, if the aggregate amount of credits described 
                paragraph (1)(A) with respect to such person exceeds 
                the aggregate amount of payment obligations described 
                in subparagraph (A), the excess amount shall remain 
                available for application as credits against the 
                amounts of such payment obligations in succeeding 
                fiscal years in the same manner as described in this 
                paragraph.
            ``(5) Credit not income.--Any transfer under paragraph (2) 
        or use under paragraph (3) of any credit to which paragraph 
        (1)(A) applies shall not be treated as income for purposes of 
        section 501(c)(12).
            ``(6) Treatment of unrelated persons.--For purposes of this 
        subsection, transfers among and between persons described in 
        clauses (i), (ii), (iii), (iv), and (v) of paragraph (1)(B) 
        shall be treated as transfers between unrelated parties.''.
    (b) Effective Date.--The amendment made by this section shall apply 
to production after December 31, 2004, in taxable years ending after 
such date.

                   Subtitle E--Oil and Gas Provisions

SEC. 841. OIL AND GAS FROM MARGINAL WELLS.

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

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

    ``(a) General Rule.--For purposes of section 38, the marginal well 
production credit for any taxable year is an amount equal to the 
product of--
            ``(1) the credit amount, and
            ``(2) the qualified crude oil production and the qualified 
        natural gas production which is attributable to the taxpayer.
    ``(b) Credit Amount.--For purposes of this section--
            ``(1) In general.--The credit amount is--
                    ``(A) $3 per barrel of qualified crude oil 
                production, and
                    ``(B) 50 cents per 1,000 cubic feet of qualified 
                natural gas production.
            ``(2) Reduction as oil and gas prices increase.--
                    ``(A) In general.--The $3 and 50 cents amounts 
                under paragraph (1) shall each be reduced (but not 
                below zero) by an amount which bears the same ratio to 
                such amount (determined without regard to this 
                paragraph) as--
                            ``(i) the excess (if any) of the applicable 
                        reference price over $15 ($1.67 for qualified 
                        natural gas production), bears to
                            ``(ii) $3 ($0.33 for qualified natural gas 
                        production).
                The applicable reference price for a taxable year is 
                the reference price of the calendar year preceding the 
                calendar year in which the taxable year begins.
                    ``(B) Inflation adjustment.--
                            ``(i) In general.--In the case of any 
                        taxable year beginning in a calendar year after 
                        2005, each of the dollar amounts contained in 
                        subparagraph (A) shall be increased to an 
                        amount equal to such dollar amount multiplied 
                        by the inflation adjustment factor for such 
                        calendar year.
                            ``(ii) Inflation adjustment factor.--For 
                        purposes of clause (i)--
                                    ``(I) In general.--The term 
                                `inflation adjustment factor' means, 
                                with respect to a calendar year, a 
                                fraction the numerator of which is the 
                                GDP implicit price deflator for the 
                                preceding calendar year and the 
                                denominator of which is the GDP 
                                implicit price deflator for the 
                                calendar year 2004.
                                    ``(II) GDP implicit price 
                                deflator.--The term `GDP implicit price 
                                deflator' means, for any calendar year, 
                                the most recent revision of the 
                                implicit price deflator for the gross 
                                domestic product as of June 30 of such 
                                calendar year as computed by the 
                                Department of Commerce before October 1 
                                of such calendar year.
                    ``(C) Reference price.--For purposes of this 
                paragraph, the term `reference price' means, with 
                respect to any calendar year--
                            ``(i) in the case of qualified crude oil 
                        production, the reference price determined 
                        under section 29(d)(2)(C), and
                            ``(ii) in the case of qualified natural gas 
                        production, the Secretary's estimate of the 
                        annual average wellhead price per 1,000 cubic 
                        feet for all domestic natural gas.
    ``(c) Qualified Crude Oil and Natural Gas Production.--For purposes 
of this section--
            ``(1) In general.--The terms `qualified crude oil 
        production' and `qualified natural gas production' mean 
        domestic crude oil or domestic natural gas which is produced 
        from a qualified marginal well.
            ``(2) Limitation on amount of production which may 
        qualify.--
                    ``(A) In general.--Crude oil or natural gas 
                produced during any taxable year from any well shall 
                not be treated as qualified crude oil production or 
                qualified natural gas production to the extent 
                production from the well during the taxable year 
                exceeds 1,095 barrels or barrel equivalents.
                    ``(B) Proportionate reductions.--
                            ``(i) Short taxable years.--In the case of 
                        a short taxable year, the limitations under 
                        this paragraph shall be proportionately reduced 
                        to reflect the ratio which the number of days 
                        in such taxable year bears to 365.
                            ``(ii) Wells not in production entire 
                        year.--In the case of a well which is not 
                        capable of production during each day of a 
                        taxable year, the limitations under this 
                        paragraph applicable to the well shall be 
                        proportionately reduced to reflect the ratio 
                        which the number of days of production bears to 
                        the total number of days in the taxable year.
            ``(3) Noncompliance with pollution laws.--Production from 
        any well during any period in which such well is not in 
        compliance with applicable Federal pollution prevention, 
        control, and permit requirements shall not be treated as 
        qualified crude oil production or qualified natural gas 
        production.
            ``(4) Definitions.--
                    ``(A) Qualified marginal well.--The term `qualified 
                marginal well' means a domestic well--
                            ``(i) the production from which during the 
                        taxable year is treated as marginal production 
                        under section 613A(c)(6), or
                            ``(ii) which, during the taxable year--
                                    ``(I) has average daily production 
                                of not more than 25 barrel equivalents, 
                                and
                                    ``(II) produces water at a rate not 
                                less than 95 percent of total well 
                                effluent.
                    ``(B) Crude oil, etc.--The terms `crude oil', 
                `natural gas', `domestic', and `barrel' have the 
                meanings given such terms by section 613A(e).
                    ``(C) Barrel equivalent.--The term `barrel 
                equivalent' means, with respect to natural gas, a 
                conversation ratio of 6,000 cubic feet of natural gas 
                to 1 barrel of crude oil.
                    ``(D) Domestic natural gas.--The term `domestic 
                natural gas' does not include Alaska natural gas (as 
                defined in section 45Q(c)(1)).
    ``(d) Other Rules.--
            ``(1) Production attributable to the taxpayer.--In the case 
        of a qualified marginal well in which there is more than 1 
        owner of operating interests in the well and the crude oil or 
        natural gas production exceeds the limitation under subsection 
        (c)(2), qualifying crude oil production or qualifying natural 
        gas production attributable to the taxpayer shall be determined 
        on the basis of the ratio which taxpayer's revenue interest in 
        the production bears to the aggregate of the revenue interests 
        of all operating interest owners in the production.
            ``(2) Operating interest required.--Any credit under this 
        section may be claimed only on production which is attributable 
        to the holder of an operating interest.
            ``(3) Production from nonconventional sources excluded.--In 
        the case of production from a qualified marginal well which is 
        eligible for the credit allowed under section 29 for the 
        taxable year, no credit shall be allowable under this section 
        unless the taxpayer elects not to claim the credit under 
        section 29 with respect to the well.''.
    (b) Credit Treated as Business Credit.--Section 38(b) (relating to 
current year business credit), as amended by this Act, is amended by 
striking ``plus'' at the end of paragraph (25), by striking the period 
at the end of paragraph (26) and inserting ``, plus'', and by adding at 
the end the following new paragraph:
            ``(27) the marginal oil and gas well production credit 
        determined under section 45O(a).''.
    (c) Coordination With Section 29.--Section 29(a) (relating to 
allowance of credit) is amended by striking ``There'' and inserting 
``At the election of the taxpayer, there''.
    (d) Clerical Amendment.--The table of sections for subpart D of 
part IV of subchapter A of chapter 1, as amended by this Act, is 
amended by adding at the end the following new item:

                              ``Sec. 45O. Credit for producing oil and 
                                        gas from marginal wells.''.
    (e) Effective Date.--The amendments made by this section shall 
apply to production in taxable years beginning after December 31, 2004.

SEC. 842. NATURAL GAS GATHERING LINES 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 natural gas gathering line, 
                        and''.
    (b) Natural Gas Gathering Line.--Section 168(i) (relating to 
definitions and special rules), as amended by this Act, is amended by 
adding at the end the following new paragraph:
            ``(18) Natural gas gathering line.--The term `natural gas 
        gathering line' means--
                    ``(A) the pipe, equipment, and appurtenances used 
                to deliver natural gas from the wellhead or a 
                commonpoint to the point at which such gas first 
                reaches--
                            ``(i) a gas processing plant,
                            ``(ii) an interconnection with a 
                        transmission pipeline certificated by the 
                        Federal Energy Regulatory Commission as an 
                        interstate transmission pipeline,
                            ``(iii) an interconnection with an 
                        intrastate transmission pipeline, or
                            ``(iv) a direct interconnection with a 
                        local distribution company, a gas storage 
                        facility, or an industrial consumer, or
                    ``(B) any other pipe, equipment, or appurtenances 
                determined to be a gathering line by the Federal Energy 
                Regulatory Commission.
    (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)(i) the following new item:

``(C)(iii).....................................................   14''.
    (d) Effective Date.--The amendments made by this section shall 
apply to property placed in service after December 31, 2004, in taxable 
years ending after such date.

SEC. 843. EXPENSING OF CAPITAL COSTS INCURRED IN COMPLYING WITH 
              ENVIRONMENTAL PROTECTION AGENCY SULFUR REGULATIONS.

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

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

    ``(a) Treatment as Expenses.--A small business refiner (as defined 
in section 45I(c)(1)) may elect to treat 75 percent of qualified 
capital costs (as defined in section 45I(c)(2)) which are paid or 
incurred by the taxpayer during the taxable year as expenses which are 
not chargeable to capital account. Any cost so treated shall be allowed 
as a deduction for the taxable year in which paid or incurred.
    ``(b) Reduced Percentage.--In the case of a small business refiner 
with average daily domestic refinery runs for the 1-year period ending 
on December 31, 2002, in excess of 155,000 barrels, the number of 
percentage points described in subsection (a) shall be reduced (not 
below zero) by the product of such number (before the application of 
this subsection) and the ratio of such excess to 50,000 barrels. For 
purposes of calculating such average daily domestic refinery runs, only 
refineries of the refiner or a related person (within the meaning of 
section 613A(d)(3)) on April 1, 2003, shall be taken into account.
    ``(c) Basis Reduction.--
            ``(1) In general.--For purposes of this title, the basis of 
        any property shall be reduced by the portion of the cost of 
        such property taken into account under subsection (a).
            ``(2) Ordinary income recapture.--For purposes of section 
        1245, the amount of the deduction allowable under subsection 
        (a) with respect to any property which is of a character 
        subject to the allowance for depreciation shall be treated as a 
        deduction allowed for depreciation under section 167.
    ``(d) Coordination With Other Provisions.--Section 280B shall not 
apply to amounts which are treated as expenses under this section.''.
    (b) Conforming Amendments.--
            (1) Section 263(a)(1), as amended by this Act, is amended 
        by striking ``or'' at the end of subparagraph (I), by striking 
        the period at the end of subparagraph (J) and inserting ``; 
        or'', and by adding at the end the following new subparagraph:
                    ``(K) expenditures for which a deduction is allowed 
                under section 179C.''.
            (2) Section 263A(c)(3) is amended by inserting ``179C,'' 
        after ``section''.
            (3) Section 312(k)(3)(B), as amended by this Act, is 
        amended by striking ``or 179B'' each place it appears in the 
        heading and text and inserting ``179B, or 179C''.
            (4) Section 1016(a), as amended by this Act, is amended by 
        striking ``and'' at the end of paragraph (36), by striking the 
        period at the end of paragraph (37) and inserting ``, and'', 
        and by adding at the end the following new paragraph:
            ``(38) to the extent provided in section 179C(c).''
            (5) Paragraphs (2)(C) and (3)(C) of section 1245(a), as 
        amended by this Act, are each amended by inserting ``179C,'' 
        after ``179B,''.
            (6) The table of sections for part VI of subchapter B of 
        chapter 1, as amended by this Act, is amended by inserting 
        after the item relating to section 179B the following new item:

                              ``Sec. 179C. Deduction for capital costs 
                                        incurred in complying with 
                                        Environmental Protection Agency 
                                        sulfur regulations.''.
    (c) Effective Date.--The amendment made by this section shall apply 
to expenses paid or incurred after December 31, 2002, in taxable years 
ending after such date.

SEC. 844. CREDIT FOR PRODUCTION OF LOW SULFUR DIESEL FUEL.

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

``SEC. 45P. CREDIT FOR PRODUCTION OF LOW SULFUR DIESEL FUEL.

    ``(a) In General.--For purposes of section 38, the amount of the 
low sulfur diesel fuel production credit determined under this section 
with respect to any facility of a small business refiner is an amount 
equal to 5 cents for each gallon of low sulfur diesel fuel produced 
during the taxable year by such small business refiner at such 
facility.
    ``(b) Maximum Credit.--
            ``(1) In general.--The aggregate credit determined under 
        subsection (a) for any taxable year with respect to any 
        facility shall not exceed--
                    ``(A) 25 percent of the qualified capital costs 
                incurred by the small business refiner with respect to 
                such facility, reduced by
                    ``(B) the aggregate credits determined under this 
                section for all prior taxable years with respect to 
                such facility.
            ``(2) Reduced percentage.--In the case of a small business 
        refiner with average daily domestic refinery runs for the 1-
        year period ending on December 31, 2002, in excess of 155,000 
        barrels, the number of percentage points described in paragraph 
        (1) shall be reduced (not below zero) by the product of such 
        number (before the application of this paragraph) and the ratio 
        of such excess to 50,000 barrels. For purposes of calculating 
        such average daily domestic refinery runs, only refineries of 
        the refiner or a related person (within the meaning of section 
        613A(d)(3)) on April 1, 2003, shall be taken into account.
    ``(c) Definitions and Special Rule.--For purposes of this section--
            ``(1) Small business refiner.--The term `small business 
        refiner' means, with respect to any taxable year, a refiner of 
        crude oil--
                    ``(A) with respect to which not more than 1,500 
                individuals are engaged in the refinery operations of 
                the business on any day during such taxable year, and
                    ``(B) the average daily domestic refinery run or 
                average retained production of which for all facilities 
                of the taxpayer for the 1-year period ending on 
                December 31, 2002, did not exceed 205,000 barrels.
        For purposes of calculating such average daily domestic 
        refinery run or retained production, only refineries of the 
        refiner or a related person (within the meaning of section 
        613A(d)(3)) on April 1, 2003, shall be taken into account.
            ``(2) Qualified capital costs.--The term `qualified capital 
        costs' means, with respect to any facility, those costs paid or 
        incurred during the applicable period for compliance with the 
        applicable EPA regulations with respect to such facility, 
        including expenditures for the construction of new process 
        operation units or the dismantling and reconstruction of 
        existing process units to be used in the production of low 
        sulfur diesel fuel, associated adjacent or offsite equipment 
        (including tankage, catalyst, and power supply), engineering, 
        construction period interest, and sitework.
            ``(3) Applicable epa regulations.--The term `applicable EPA 
        regulations' means the Highway Diesel Fuel Sulfur Control 
        Requirements of the Environmental Protection Agency.
            ``(4) Applicable period.--The term `applicable period' 
        means, with respect to any facility, the period beginning on 
        January 1, 2003, and ending on the earlier of the date which is 
        1 year after the date on which the taxpayer must comply with 
        the applicable EPA regulations with respect to such facility or 
        December 31, 2009.
            ``(5) Low sulfur diesel fuel.--The term `low sulfur diesel 
        fuel' means diesel fuel with a sulfur content of 15 parts per 
        million or less.
            ``(6) Special rule for determination of refinery runs.--
        Refinery runs shall be determined under rules similar to the 
        rules under section 613A(d)(4).
    ``(d) Reduction in Basis.--For purposes of this subtitle, if a 
credit is determined under this section for any expenditure with 
respect to any property, the increase in basis of such property which 
would (but for this subsection) result from such expenditure shall be 
reduced by the amount of the credit so determined.
    ``(e) Certification.--
            ``(1) Required.--No credit shall be allowed unless, not 
        later than the date which is 30 months after the first day of 
        the first taxable year in which the low sulfur diesel fuel 
        production credit is allowed with respect to a facility, the 
        small business refiner obtains certification from the 
        Secretary, after consultation with the Administrator of the 
        Environmental Protection Agency, that the taxpayer's qualified 
        capital costs with respect to such facility will result in 
        compliance with the applicable EPA regulations.
            ``(2) Contents of application.--An application for 
        certification shall include relevant information regarding unit 
        capacities and operating characteristics sufficient for the 
        Secretary, after consultation with the Administrator of the 
        Environmental Protection Agency, to determine that such 
        qualified capital costs are necessary for compliance with the 
        applicable EPA regulations.
            ``(3) Review period.--Any application shall be reviewed and 
        notice of certification, if applicable, shall be made within 60 
        days of receipt of such application. In the event the Secretary 
        does not notify the taxpayer of the results of such 
        certification within such period, the taxpayer may presume the 
        certification to be issued until so notified.
            ``(4) Statute of limitations.--With respect to the credit 
        allowed under this section--
                    ``(A) the statutory period for the assessment of 
                any deficiency attributable to such credit shall not 
                expire before the end of the 3-year period ending on 
                the date that the review period described in paragraph 
                (3) ends with respect to the taxpayer, and
                    ``(B) such deficiency may be assessed before the 
                expiration of such 3-year period notwithstanding the 
                provisions of any other law or rule of law which would 
                otherwise prevent such assessment.
    ``(f) Cooperative Organizations.--
            ``(1) Apportionment of credit.--
                    ``(A) In general.--In the case of a cooperative 
                organization described in section 1381(a), any portion 
                of the credit determined under subsection (a) for the 
                taxable year may, at the election of the organization, 
                be apportioned among patrons eligible to share in 
                patronage dividends on the basis of the quantity or 
                value of business done with or for such patrons for the 
                taxable year.
                    ``(B) Form and effect of election.--An election 
                under subparagraph (A) for any taxable year shall be 
                made on a timely filed return for such year. Such 
                election, once made, shall be irrevocable for such 
                taxable year.
            ``(2) Treatment of organizations and patrons.--
                    ``(A) Organizations.--The amount of the credit not 
                apportioned to patrons pursuant to paragraph (1) shall 
                be included in the amount determined under subsection 
                (a) for the taxable year of the organization.
                    ``(B) Patrons.--The amount of the credit 
                apportioned to patrons pursuant to paragraph (1) shall 
                be included in the amount determined under subsection 
                (a) for the first taxable year of each patron ending on 
                or after the last day of the payment period (as defined 
                in section 1382(d)) for the taxable year of the 
                organization or, if earlier, for the taxable year of 
                each patron ending on or after the date on which the 
                patron receives notice from the cooperative of the 
                apportionment.
            ``(3) Special rule.--If for any reason the tax imposed with 
        respect to any patron of a cooperative organization would, but 
        for this paragraph, be increased by any amount by reason of a 
        credit apportioned to such patron under this subsection--
                    ``(A) the amount of such increase in tax shall not 
                be imposed on such patron, and
                    ``(B) the tax imposed by this chapter on such 
                organization shall be increased by such amount.
        The increase under subparagraph (B) shall not be treated as tax 
        imposed by this chapter for purposes of determining the amount 
        of any credit under this chapter or for purposes of section 
        55.''.
    (b) Credit Made Part of General Business Credit.--Subsection (b) of 
section 38 (relating to general business credit), as amended by this 
Act, is amended by striking ``plus'' at the end of paragraph (26), by 
striking the period at the end of paragraph (27) and inserting ``, 
plus'', and by adding at the end the following new paragraph:
            ``(28) in the case of a small business refiner, the low 
        sulfur diesel fuel production credit determined under section 
        45P(a).''.
    (c) Denial of Double Benefit.--Section 280C (relating to certain 
expenses for which credits are allowable) is amended by adding after 
subsection (d) the following new subsection:
    ``(e) Low Sulfur Diesel Fuel Production Credit.--No deduction shall 
be allowed for that portion of the expenses otherwise allowable as a 
deduction for the taxable year which is equal to the amount of the 
credit determined for the taxable year under section 45P(a).''.
    (d) Basis Adjustment.--Section 1016(a) (relating to adjustments to 
basis), as amended by this Act, is amended by striking ``and'' at the 
end of paragraph (37), by striking the period at the end of paragraph 
(38) and inserting ``, and'', and by adding at the end the following 
new paragraph:
            ``(39) in the case of a facility with respect to which a 
        credit was allowed under section 45P, to the extent provided in 
        section 45P(d).''.
    (e) Clerical Amendment.--The table of sections for subpart D of 
part IV of subchapter A of chapter 1, as amended by this Act, is 
amended by adding at the end the following new item:

                              ``Sec. 45P. Credit for production of low 
                                        sulfur diesel fuel.''.
    (f) Effective Date.--The amendments made by this section shall 
apply to expenses paid or incurred after December 31, 2002, in taxable 
years ending after such date.

SEC. 845. DETERMINATION OF SMALL REFINER EXCEPTION TO OIL DEPLETION 
              DEDUCTION.

    (a) In General.--Paragraph (4) of section 613A(d) (relating to 
limitations on application of subsection (c)) is amended to read as 
follows:
            ``(4) Certain refiners excluded.--If the taxpayer or 1 or 
        more related persons engages in the refining of crude oil, 
        subsection (c) shall not apply to the taxpayer for a taxable 
        year if the average daily refinery runs of the taxpayer and 
        such persons for the taxable year exceed 60,000 barrels. For 
        purposes of this paragraph, the average daily refinery runs for 
        any taxable year shall be determined by dividing the aggregate 
        refinery runs for the taxable year by the number of days in the 
        taxable year.''.
    (b) Effective Date.--The amendment made by this section shall apply 
to taxable years ending after December 31, 2004.

SEC. 846. MARGINAL PRODUCTION INCOME LIMIT EXTENSION.

    Section 613A(c)(6)(H) (relating to temporary suspension of taxable 
income limit with respect to marginal production), as amended by this 
Act, is amended by striking ``2005'' and inserting ``2007''.

SEC. 847. AMORTIZATION OF DELAY RENTAL PAYMENTS.

    (a) In General.--Section 167 (relating to depreciation) is amended 
by redesignating subsection (h) as subsection (i) and by inserting 
after subsection (g) the following new subsection:
    ``(h) Amortization of Delay Rental Payments for Domestic Oil and 
Gas Wells.--
            ``(1) In general.--Any delay rental payment paid or 
        incurred in connection with the development of oil or gas wells 
        within the United States (as defined in section 638) shall be 
        allowed as a deduction ratably over the 24-month period 
        beginning on the date that such payment was paid or incurred.
            ``(2) Half-year convention.--For purposes of paragraph (1), 
        any payment paid or incurred during the taxable year shall be 
        treated as paid or incurred on the mid-point of such taxable 
        year.
            ``(3) Exclusive method.--Except as provided in this 
        subsection, no depreciation or amortization deduction shall be 
        allowed with respect to such payments.
            ``(4) Treatment upon abandonment.--If any property to which 
        a delay rental payment relates is retired or abandoned during 
        the 24-month period described in paragraph (1), no deduction 
        shall be allowed on account of such retirement or abandonment 
        and the amortization deduction under this subsection shall 
        continue with respect to such payment.
            ``(5) Delay rental payments.--For purposes of this 
        subsection, the term `delay rental payment' means an amount 
        paid for the privilege of deferring development of an oil or 
        gas well under an oil or gas lease.''.
    (b) Effective Date.--The amendments made by this section shall 
apply to amounts paid or incurred in taxable years beginning after 
December 31, 2004.

SEC. 848. AMORTIZATION OF GEOLOGICAL AND GEOPHYSICAL EXPENDITURES.

    (a) In General.--Section 167 (relating to depreciation), as amended 
by this Act, is amended by redesignating subsection (i) as subsection 
(j) and by inserting after subsection (h) the following new subsection:
    ``(i) Amortization of Geological and Geophysical Expenditures.--
            ``(1) In general.--Any geological and geophysical expenses 
        paid or incurred in connection with the exploration for, or 
        development of, oil or gas within the United States (as defined 
        in section 638) shall be allowed as a deduction ratably over 
        the 24-month period beginning on the date that such expense was 
        paid or incurred.
            ``(2) Special rules.--For purposes of this subsection, 
        rules similar to the rules of paragraphs (2), (3), and (4) of 
        subsection (h) shall apply.''.
    (b) Conforming Amendment.--Section 263A(c)(3) is amended by 
inserting ``167(h), 167(i),'' after ``under section''.
    (c) Effective Date.--The amendments made by this section shall 
apply to costs paid or incurred in taxable years beginning after 
December 31, 2004.

SEC. 849. EXTENSION AND MODIFICATION OF CREDIT FOR PRODUCING FUEL FROM 
              A NONCONVENTIONAL SOURCE.

    (a) In General.--Section 29 (relating to credit for producing fuel 
from a nonconventional source) is amended by adding at the end the 
following new subsection:
    ``(h) Extension for Other Facilities.--
            ``(1) Oil and gas.--In the case of a well or facility for 
        producing qualified fuels described in subparagraph (A) or (B) 
        of subsection (c)(1) which was drilled or placed in service 
        after December 31, 2004, and before January 1, 2007, 
        notwithstanding subsection (f), this section shall apply with 
        respect to such fuels produced at such well or facility before 
        the close of the 3-year period beginning on the date that such 
        well is drilled or such facility is placed in service.
            ``(2) Facilities producing fuels from agricultural and 
        animal waste.--
                    ``(A) In general.--In the case of a facility for 
                producing liquid, gaseous, or solid fuels from 
                qualified agricultural and animal wastes, including 
                such fuels when used as feedstocks, which was placed in 
                service after December 31, 2004, and before January 1, 
                2007, this section shall apply with respect to fuel 
                produced at such facility before the close of the 3-
                year period beginning on the date such facility is 
                placed in service.
                    ``(B) Qualified agricultural and animal waste.--For 
                purposes of this paragraph, the term `qualified 
                agricultural and animal waste' means agriculture and 
                animal waste, including by-products, packaging, and any 
                materials associated with the processing, feeding, 
                selling, transporting, or disposal of agricultural or 
                animal products or wastes.
            ``(3) Wells producing viscous oil.--
                    ``(A) In general.--In the case of a well for 
                producing viscous oil which was placed in service after 
                December 31, 2004, and before January 1, 2007, this 
                section shall apply with respect to fuel produced at 
                such well before the close of the 3-year period 
                beginning on the date such well is placed in service.
                    ``(B) Viscous oil.--The term `viscous oil' means 
                heavy oil, as defined in section 613A(c)(6), except 
                that--
                            ``(i) `22 degrees' shall be substituted for 
                        `20 degrees' in applying subparagraph (F) 
                        thereof, and
                            ``(ii) in all cases, the oil gravity shall 
                        be measured from the initial well-head samples, 
                        drill cuttings, or down hole samples.
                    ``(C) Waiver of unrelated person requirement.--In 
                the case of viscous oil, the requirement under 
                subsection (a)(2)(A) of a sale to an unrelated person 
                shall not apply to any sale to the extent that the 
                viscous oil is not consumed in the immediate vicinity 
                of the wellhead.
            ``(4) Facilities producing refined coal.--
                    ``(A) In general.--In the case of a facility 
                described in subparagraph (C) for producing refined 
                coal which was placed in service after December 31, 
                2004, and before January 1, 2007, this section shall 
                apply with respect to fuel produced at such facility 
                before the close of the 5-year period beginning on the 
                date such facility is placed in service.
                    ``(B) Refined coal.--For purposes of this 
                paragraph, the term `refined coal' means a fuel which 
                is a liquid, gaseous, or solid synthetic fuel produced 
                from coal (including lignite) or high carbon fly ash, 
                including such fuel used as a feedstock.
                    ``(C) Covered facilities.--
                            ``(i) In general.--A facility is described 
                        in this subparagraph if such facility produces 
                        refined coal using a technology which results 
                        in--
                                    ``(I) a qualified emission 
                                reduction, and
                                    ``(II) a qualified enhanced value.
                            ``(ii) Qualified emission reduction.--For 
                        purposes of this subparagraph, the term 
                        `qualified emission reduction' means a 
                        reduction of at least 20 percent of the 
                        emissions of nitrogen oxide and either sulfur 
                        dioxide or mercury released when burning the 
                        refined coal (excluding any dilution caused by 
                        materials combined or added during the 
                        production process), as compared to the 
                        emissions released when burning the feedstock 
                        coal or comparable coal predominantly available 
                        in the marketplace as of January 1, 2004.
                            ``(iii) Qualified enhanced value.--For 
                        purposes of this subparagraph, the term 
                        `qualified enhanced value' means an increase of 
                        at least 50 percent in the market value of the 
                        refined coal (excluding any increase caused by 
                        materials combined or added during the 
                        production process), as compared to the value 
                        of the feedstock coal.
                            ``(iv) Qualifying advanced clean coal 
                        technology units excluded.--A facility 
                        described in this subparagraph shall not 
                        include a qualifying advanced clean coal 
                        technology unit (as defined in section 48A(b)).
            ``(5) Coalmine gas.--
                    ``(A) In general.--This section shall apply to 
                coalmine gas--
                            ``(i) captured or extracted by the taxpayer 
                        during the period beginning after December 31, 
                        2004, and ending before January 1, 2007, and
                            ``(ii) utilized as a fuel source or sold by 
                        or on behalf of the taxpayer to an unrelated 
                        person during such period.
                    ``(B) Coalmine gas.--For purposes of this 
                paragraph, the term `coalmine gas' means any methane 
                gas which is--
                            ``(i) liberated during or as a result of 
                        coal mining operations, or
                            ``(ii) extracted up to 10 years in advance 
                        of coal mining operations as part of a specific 
                        plan to mine a coal deposit.
                    ``(C) Special rule for advanced extraction.--In the 
                case of coalmine gas which is captured in advance of 
                coal mining operations, the credit under subsection (a) 
                shall be allowed only after the date the coal 
                extraction occurs in the immediate area where the 
                coalmine gas was removed.
                    ``(D) Noncompliance with pollution laws.--This 
                paragraph shall not apply to the capture or extraction 
                of coalmine gas from coal mining operations with 
                respect to any period in which such coal mining 
                operations are not in compliance with applicable State 
                and Federal pollution prevention, control, and permit 
                requirements.
            ``(6) Special rules.--In determining the amount of credit 
        allowable under this section solely by reason of this 
        subsection--
                    ``(A) Fuels treated as qualified fuels.--Any fuel 
                described in paragraph (2), (3), (4), or (5) shall be 
                treated as a qualified fuel for purposes of this 
                section.
                    ``(B) Daily limit.--The amount of qualified fuels 
                described in subparagraph (A) or (B)(i) of subsection 
                (c)(1) sold during any taxable year which may be taken 
                into account by reason of this subsection with respect 
                to any project shall not exceed an average barrel-of-
                oil equivalent of 200,000 cubic feet of natural gas per 
                day. Days before the date the project is placed in 
                service shall not be taken into account in determining 
                such average.
                    ``(C) Extension period to commence with unadjusted 
                credit amount and new phaseout adjustment.--For 
                purposes of applying subsection (b)(2), in the case of 
                fuels sold after 2003--
                            ``(i) paragraphs (1)(A) and (2) of 
                        subsection (b) shall be applied by subtituting 
                        `$35.00' for `$23.50', and
                            ``(ii) subparagraph (B) of subsection 
                        (d)(2) shall be applied by substituting `2002' 
                        for `1979' in determining such dollar 
                        amounts.''.
    (b) Extension for certain fuel produced at existing facilities.--
            (1) Extension.--Section 29(f)(2) (relating to application 
        of section) is amended by inserting ``(January 1, 2006, in the 
        case of any coke, coke gas, or natural gas and byproducts 
        produced by coal gasification from lignite in a facility 
        described in paragraph (1)(B))'' after ``January 1, 2003''.
            (2) Use of credit as an offset.--Section 29, as amended by 
        subsection (a), is amended by adding the end the following new 
        subsection:
    ``(i) Use of Credit as an Offset.--
            ``(1) In general.--Any credit allowable under subsection 
        (a) with respect to any natural gas and byproducts produced by 
        coal gasification from lignite in a facility described in 
        paragraph (1)(B) of subsection (f) owned by a person described 
        in section 1381(a)(2)(C) or subsidiaries of such person may be 
        used as provided in paragraph (2).
            ``(2) Use of credit as an offset.--Notwithstanding any 
        other provision of law, in the case of a person described in 
        paragraph (1), any credit to which paragraph (1) applies may be 
        applied by such person--
                    ``(A) to the extent provided by the Secretary of 
                Agriculture, as a prepayment of any loan, debt, or 
                other obligation the entity has incurred under 
                subchapter I of chapter 31 of title 7 of the Rural 
                Electrification Act of 1936 (7 U.S.C. 901 et seq.), as 
                in effect on the date of the enactment of the Energy 
                Tax Incentives Act of 2003, and
                    ``(B) to the extent provided by the Secretary of 
                Energy, as a prepayment not to exceed 50 percent of any 
                obligation the person has incurred pursuant to an asset 
                purchase agreement entered into with the Secretary and 
                dated October 7, 1988.
            ``(3) Credit not income.--Any use under paragraph (2) of 
        any credit to which paragraph (1) applies shall not be treated 
        as income for purposes of this title.
            ``(4) Treatment of unrelated persons.--For purposes of 
        subsection (a)(2)(A), sales of qualified fuels among and 
        between persons described in paragraph (1) shall be treated as 
        sales between unrelated parties.''.
    (c) Treatment as Business Credit.--
            (1) Credit moved to subpart relating to business related 
        credits.--The Internal Revenue Code of 1986, as amended by this 
        Act, is amended by redesignating section 29, as amended by this 
        Act, as section 45R and by moving section 45R (as so 
        redesignated) from subpart B of part IV of subchapter A of 
        chapter 1 to the end of subpart D of part IV of subchapter A of 
        chapter 1.
            (2) Credit Treated as Business Credit.--Section 38(b), as 
        amended by this Act, is amended by striking ``plus'' at the end 
        of paragraph (29), by striking the period at the end of 
        paragraph (30) and inserting ``, plus'', and by adding at the 
        end the following:
            ``(31) the nonconventional source production credit 
        determined under section 45R(a).''.
            (3) Conforming Amendments.--
                    (A) Section 30(b)(2)(A), as redesignated by this 
                Act, is amended by striking ``sections 27 and 29'' and 
                inserting ``section 27''.
                    (B) Sections 43(b)(2) and 613A(c)(6)(C) are each 
                amended by striking ``section 29(d)(2)(C)'' and 
                inserting ``section 45R(d)(2)(C)''.
                    (C) Section 45R(a), as redesignated by paragraph 
                (1), is amended by striking ``At the election of the 
                taxpayer, there shall be allowed as a credit against 
                the tax imposed by this chapter for the taxable year'' 
                and inserting ``For purposes of section 38, if the 
                taxpayer elects to have this section apply, the 
                nonconventional source production credit determined 
                under this section for the taxable year is''.
                    (D) Section 45R(b), as so redesignated, is amended 
                by striking paragraph (6).
                    (E) Section 53(d)(1)(B)(iii) is amended by striking 
                ``under section 29'' and all that follows through ``or 
                not allowed''.
                    (F) Section 55(c)(2) is amended by striking 
                ``29(b)(6),''.
                    (G) Subsection (a) of section 772, as amended by 
                this Act, is amended by striking paragraph (10) and by 
                redesignating paragraphs (11) and (12) as paragraphs 
                (10) and (11), respectively.
                    (H) Paragraph (5) of section 772(d) is amended by 
                striking ``the foreign tax credit, and the credit 
                allowable under section 29'' and inserting ``and the 
                foreign tax credit''.
                    (I) The table of sections for subpart B of part IV 
                of subchapter A of chapter 1 is amended by striking the 
                item relating to section 29.
                    (J) The table of sections for subpart D of part IV 
                of subchapter A of chapter 1, as amended by this Act, 
                is amended by inserting after the item relating to 
                section 45Q the following new item:

                              ``Sec. 45R. Credit for producing fuel 
                                        from a nonconventional 
                                        source.''.
    (d) Study of Coalbed Methane.--
            (1) In general.--The Secretary of the Treasury shall 
        conduct a study regarding the effect of section 45R of the 
        Internal Revenue Code of 1986 on the production of coalbed 
        methane.
            (2) Contents of study.--The study under paragraph (1) shall 
        estimate the total amount of credits under section 45R of the 
        Internal Revenue Code of 1986 claimed annually and in the 
        aggregate which are related to the production of coalbed 
        methane since the date of the enactment of such section 45R. 
        Such study shall report the annual value of such credits 
        allowable for coalbed methane compared to the average annual 
        wellhead price of natural gas (per thousand cubic feet of 
        natural gas). Such study shall also estimate the incremental 
        increase in production of coalbed methane which has resulted 
        from the enactment of such section 45R, and the cost to the 
        Federal Government, in terms of the net tax benefits claimed, 
        per thousand cubic feet of incremental coalbed methane produced 
        annually and in the aggregate since such enactment.
    (e) Effective Dates.--
            (1) In general.--Except as provided in paragraph (2), the 
        amendments made by this section shall apply to fuel sold after 
        December 31, 2004, in taxable years ending after such date.
            (2) Existing facilities.--The amendments made by subsection 
        (b) shall apply to fuel sold after December 31, 2002, in 
        taxable years ending after such date.
            (3) Treatment as business credit.--The amendments made by 
        subsection (c) shall apply to taxable years ending after 
        December 31, 2003.

SEC. 850. NATURAL GAS DISTRIBUTION LINES TREATED AS 15-YEAR PROPERTY.

    (a) In General.--Section 168(e)(3)(E) (defining 15-year property), 
as amended by this Act, is amended by striking ``and'' at the end of 
clause (iii), by striking the period at the end of clause (iv) and by 
inserting ``, and'', and by adding at the end the following new clause:
                            ``(v) any natural gas distribution line.''.
    (b) Alternative System.--The table contained in section 
168(g)(3)(B) (relating to special rule for certain property assigned to 
classes), as amended by this Act, is amended by adding after the item 
relating to subparagraph (E)(iii) the following new item:

``(E)(v).......................................................   35''.
    (c) Effective Date.--The amendments made by this section shall 
apply to property placed in service after December 31, 2004, in taxable 
years ending after such date.

SEC. 851. CREDIT FOR ALASKA NATURAL GAS.

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

``SEC. 45Q. ALASKA NATURAL GAS.

    ``(a) In General.--For purposes of section 38, the Alaska natural 
gas credit for any taxable year is an amount equal to the product of--
            ``(1) the credit amount, and
            ``(2) Alaska natural gas the production of which is 
        attributable to the taxpayer.
    ``(b) Credit Amount.--For purposes of this section--
            ``(1) In general.--The credit amount is $0.52 per 1,000,000 
        Btu of Alaska natural gas.
            ``(2) Reduction as gas prices increase.--
                    ``(A) In general.--The dollar amount under 
                paragraph (1) shall be reduced (but not below zero) by 
                an amount which bears the same ratio to such amount 
                (determined without regard to this paragraph) as--
                            ``(i) the excess (if any) of the applicable 
                        reference price over $0.83, bears to
                            ``(ii) $0.52.
                    ``(B) Applicable reference price.--For purposes of 
                this paragraph--
                            ``(i) In general.--The applicable reference 
                        price for any calendar month in a taxable year 
                        is the reference price for the calendar month 
                        in which production occurs.
                            ``(ii) Reference price.--The term 
                        `reference price' means, with respect to any 
                        calendar month, a published market price for 
                        natural gas in United States dollars per 
                        1,000,000 Btu (reduced by any gas 
                        transportation costs and gas processing costs 
                        as determined by the appropriate national 
                        regulatory body for natural gas transportation) 
                        as determined under regulations by the 
                        Secretary.
                    ``(C) Inflation adjustment.--
                            ``(i) In general.--In the case of any 
                        taxable year beginning in a calendar year after 
                        2005, each of the dollar amounts contained in 
                        paragraph (1) and subparagraph (A) of this 
                        paragraph shall be increased to an amount equal 
                        to such dollar amount multiplied by the 
                        inflation adjustment factor for such calendar 
                        year.
                            ``(ii) Inflation adjustment factor.--For 
                        purposes of clause (i)--
                                    ``(I) In general.--The term 
                                `inflation adjustment factor' means, 
                                with respect to a calendar year, a 
                                fraction the numerator of which is the 
                                GDP implicit price deflator for the 
                                preceding calendar year and the 
                                denominator of which is the GDP 
                                implicit price deflator for the 
                                calendar year 2004.
                                    ``(II) GDP implicit price 
                                deflator.--The term `GDP implicit price 
                                deflator' means, for any calendar year, 
                                the most recent revision of the 
                                implicit price deflator for the gross 
                                domestic product as of June 30 of such 
                                calendar year as computed by the 
                                Department of Commerce before October 1 
                                of such calendar year.
    ``(c) Alaska Natural Gas.--For purposes of this section--
            ``(1) In general.--The term `Alaska natural gas' means 
        natural gas entering the Alaska natural gas pipeline (as 
        defined in section 168(i)(19) (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).
    ``(d) Special Rules.--For purposes of this section--
            ``(1) Production attributable to the taxpayer.--
                    ``(A) In general.--In the case of a well in which 
                there is more than 1 person or entity--
                            ``(i) entitled to production of Alaska 
                        natural gas, or
                            ``(ii) at the election of such person or 
                        entity, entitled to the value of production as 
                        either an operating interest owner or a royalty 
                        interest owner,
                the portion of such production attributable to such 
                person or entity shall be determined on the basis of 
                the ratio which the person's or entity's interest in 
                the production or the value of production bears to the 
                aggregate of the interests of all such persons or 
                entities. Production otherwise attributable to a United 
                States tax-exempt person or entity by reason of a 
                royalty interest shall be attributable to such person 
                or entity with respect to whom royalty-in-value 
                production remains or to whom royalty-in-kind 
                production is sold.
                    ``(B) Partnership properties.--In the case of a 
                partnership, for purposes of applying subparagraph (A), 
                production shall be attributable to its partners based 
                on each partner's distributive share of Alaska natural 
                gas which is produced from partnership properties and 
                attributable to the partnership or its partners under 
                subparagraph (A).
            ``(2) Pass-Thru in the Case of Estates and Trusts.--Under 
        regulations prescribed by the Secretary, rules similar to the 
        rules of subsection (d) of section 52 shall apply.
    ``(e) Application of Section.--This section shall apply to Alaska 
natural gas during the period--
            ``(1) beginning with the later of--
                    ``(A) January 1, 2010, or
                    ``(B) the initial date for the interstate 
                transportation of such Alaska natural gas, and
            ``(2) ending with the date which is 25 years after the date 
        described in paragraph (1).''.
    (b) Credit Treated as Business Credit.--Section 38(b) (relating to 
current year business credit), as amended by this Act, is amended by 
striking ``plus'' at the end of paragraph (27), by striking the period 
at the end of paragraph (28) and inserting ``, plus'', and by adding at 
the end the following new paragraph:
            ``(29) The Alaska natural gas credit determined under 
        section 45Q(a).''.
    (c) Allowing Credit Against Entire Regular Tax and Minimum Tax.--
            (1) In general.--Section 38(c) (relating to limitation 
        based on amount of tax), as amended by this Act, is amended by 
        redesignating paragraph (5) as paragraph (6) and by inserting 
        after paragraph (4) the following new paragraph:
            ``(5) Special rules for alaska natural gas credit.--
                    ``(A) In general.--In the case of the Alaska 
                natural gas credit--
                            ``(i) this section and section 39 shall be 
                        applied separately with respect to the credit, 
                        and
                            ``(ii) in applying paragraph (1) to the 
                        credit--
                                    ``(I) the amounts in subparagraphs 
                                (A) and (B) thereof shall be treated as 
                                being zero, and
                                    ``(II) the limitation under 
                                paragraph (1) (as modified by subclause 
                                (I)) shall be reduced by the credit 
                                allowed under subsection (a) for the 
                                taxable year (other than the Alaska 
                                natural gas credit).
                    ``(B) Alaska Natural Gas Credit.--For purposes of 
                this subsection, the term `Alaska natural gas credit' 
                means the credit allowable under subsection (a) by 
                reason of section 45Q(a).''.
            (2) Conforming amendments.--Subclause (II) of section 
        38(c)(2)(A)(ii), as amended by this Act, subclause (II) of 
        section 38(c)(3)(A)(ii), as amended by this Act, and subclause 
        (II) of section 38(c)(4)(A)(ii), as added by this Act, are each 
        amended by inserting ``or the Alaska natural gas credit'' after 
        ``specified credits''.
    (d) Clerical Amendment.--The table of sections for subpart D of 
part IV of subchapter A of chapter 1, as amended by this Act, is 
amended by adding at the end the following new item:

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

SEC. 852. 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 (iii), by redesignating clause (iv) as clause (v), and by 
inserting after clause (iii) the following new clause:
                            ``(iv) 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 
adding at the end the following new paragraph:
            ``(19) 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, 
                        2012, or
                            ``(ii) treated as placed in service on 
                        January 1, 2013, if the taxpayer who places 
                        such system in service before January 1, 2013, 
                        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), as amended by this Act, is amended by inserting after the 
item relating to subparagraph (C)(iii) the following new item:

``(C)(iv)......................................................   22''.
    (d) Effective Date.--The amendments made by this section shall 
apply to property placed in service after December 31, 2004.

SEC. 853. 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 (as 
                        defined in section 45Q(c)(1)) 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) Effective Date.--The amendment made by this section shall apply 
to costs paid or incurred in taxable years beginning after December 31, 
2004.

SEC. 854. ARBITRAGE RULES NOT TO APPLY TO PREPAYMENTS FOR NATURAL GAS.

    (a) In General.--Section 148(b) (relating to higher yielding 
investments) is amended by adding at the end the following new 
paragraph:
            ``(4) Safe harbor for prepaid natural gas.--
                    ``(A) In general.--The term `investment-type 
                property' does not include a prepayment under a 
                qualified natural gas supply contract.
                    ``(B) Qualified natural gas supply contract.--For 
                purposes of this paragraph, the term `qualified natural 
                gas supply contract' means any contract to acquire 
                natural gas for resale by or for a utility owned by a 
                governmental unit if the amount of gas permitted to be 
                acquired under the contract for the utility during any 
                year does not exceed the sum of--
                            ``(i) the annual average amount during the 
                        testing period of natural gas purchased (other 
                        than for resale) by customers of such utility 
                        who are located within the service area of such 
                        utility, and
                            ``(ii) the amount of natural gas to be used 
                        to transport the prepaid natural gas to the 
                        utility during such year.
                    ``(C) Natural gas used to generate electricity.--
                Natural gas used to generate electricity shall be taken 
                into account in determining the average under 
                subparagraph (B)(i)--
                            ``(i) only if the electricity is generated 
                        by a utility owned by a governmental unit, and
                            ``(ii) only to the extent that the 
                        electricity is sold (other than for resale) to 
                        customers of such utility who are located 
                        within the service area of such utility.
                    ``(D) Adjustments for changes in customer base.--
                            ``(i) New business customers.--If--
                                    ``(I) after the close of the 
                                testing period and before the date of 
                                issuance of the issue, the utility 
                                owned by a governmental unit enters 
                                into a contract to supply natural gas 
                                (other than for resale) for use by a 
                                business at a property within the 
                                service area of such utility, and
                                    ``(II) the utility did not supply 
                                natural gas to such property during the 
                                testing period or the ratable amount of 
                                natural gas to be supplied under the 
                                contract is significantly greater than 
                                the ratable amount of gas supplied to 
                                such property during the testing 
                                period,
                        then a contract shall not fail to be treated as 
                        a qualified natural gas supply contract by 
                        reason of supplying the additional natural gas 
                        under the contract referred to in subclause 
                        (I).
                            ``(ii) Overall limitation.--The average 
                        under subparagraph (B)(i) shall not exceed the 
                        annual amount of natural gas reasonably 
                        expected to be purchased (other than for 
                        resale) by persons who are located within the 
                        service area of such utility and who, as of the 
                        date of issuance of the issue, are customers of 
                        such utility.
                    ``(E) Ruling requests.--The Secretary may increase 
                the average under subparagraph (B)(i) for any period if 
                the utility owned by the governmental unit establishes 
                to the satisfaction of the Secretary that, based on 
                objective evidence of growth in natural gas consumption 
                or population, such average would otherwise be 
                insufficient for such period.
                    ``(F) Adjustment for natural gas otherwise on 
                hand.--
                            ``(i) In general.--The amount otherwise 
                        permitted to be acquired under the contract for 
                        any period shall be reduced by--
                                    ``(I) the applicable share of 
                                natural gas held by the utility on the 
                                date of issuance of the issue, and
                                    ``(II) the natural gas (not taken 
                                into account under subclause (I)) which 
                                the utility has a right to acquire 
                                during such period (determined as of 
                                the date of issuance of the issue).
                            ``(ii) Applicable share.--For purposes of 
                        clause (i), the term `applicable share' means, 
                        with respect to any period, the natural gas 
                        allocable to such period if the gas were 
                        allocated ratably over the period to which the 
                        prepayment relates.
                    ``(G) Intentional acts.--Subparagraph (A) shall 
                cease to apply to any issue if the utility owned by the 
                governmental unit engages in any intentional act to 
                render the volume of natural gas acquired by such 
                prepayment to be in excess of the sum of--
                            ``(i) the amount of natural gas needed 
                        (other than for resale) by customers of such 
                        utility who are located within the service area 
                        of such utility, and
                            ``(ii) the amount of natural gas used to 
                        transport such natural gas to the utility.
                    ``(H) Testing period.--For purposes of this 
                paragraph, the term `testing period' means, with 
                respect to an issue, the most recent 5 calendar years 
                ending before the date of issuance of the issue.
                    ``(I) Service area.--For purposes of this 
                paragraph, the service area of a utility owned by a 
                governmental unit shall be comprised of--
                            ``(i) any area throughout which such 
                        utility provided at all times during the 
                        testing period--
                                    ``(I) in the case of a natural gas 
                                utility, natural gas transmission or 
                                distribution services, and
                                    ``(II) in the case of an electric 
                                utility, electricity distribution 
                                services,
                            ``(ii) any area within a county contiguous 
                        to the area described in clause (i) in which 
                        retail customers of such utility are located if 
                        such area is not also served by another utility 
                        providing natural gas or electricity services, 
                        as the case may be, and
                            ``(iii) any area recognized as the service 
                        area of such utility under State or Federal 
                        law.''.
    (b) Private Loan Financing Test Not To Apply to Prepayments for 
Natural Gas.--Section 141(c)(2) (providing exceptions to the private 
loan financing test) is amended by striking ``or'' at the end of 
subparagraph (A), by striking the period at the end of subparagraph (B) 
and inserting ``, or'', and by adding at the end the following new 
subparagraph:
                    ``(C) is a qualified natural gas supply contract 
                (as defined in section 148(b)(4)).''.
    (c) Conforming Amendment.--Section 141(d) is amended by adding at 
the end the following new paragraph:
            ``(7) Exception for qualified electric and natural gas 
        supply contracts.--The term `nongovernmental output property' 
        shall not include any contract for the prepayment of 
        electricity or natural gas which is not investment property 
        under section 148(b)(2).''.
    (d) Effective Date.--The amendment made by this section shall apply 
to obligations issued after December 31, 2004.

         Subtitle F--Electric Utility Restructuring Provisions

SEC. 855. MODIFICATIONS TO SPECIAL RULES FOR NUCLEAR DECOMMISSIONING 
              COSTS.

    (a) Repeal of Limitation on Deposits Into Fund Based on Cost of 
Service; Contributions After Funding Period.--Subsection (b) of section 
468A (relating to special rules for nuclear decommissioning costs) is 
amended to read as follows:
    ``(b) Limitation on Amounts Paid Into Fund.--The amount which a 
taxpayer may pay into the Fund for any taxable year shall not exceed 
the ruling amount applicable to such taxable year.''.
    (b) Clarification of Treatment of Fund Transfers.--Section 468A(e) 
(relating to Nuclear Decommissioning Reserve Fund) is amended by adding 
at the end the following new paragraph:
            ``(8) Treatment of fund transfers.--If, in connection with 
        the transfer of the taxpayer's interest in a nuclear power 
        plant, the taxpayer transfers the Fund with respect to such 
        power plant to the transferee of such interest and the 
        transferee elects to continue the application of this section 
        to such Fund--
                    ``(A) the transfer of such Fund shall not cause 
                such Fund to be disqualified from the application of 
                this section, and
                    ``(B) no amount shall be treated as distributed 
                from such Fund, or be includable in gross income, by 
                reason of such transfer.''.
    (c) Treatment of Certain Decommissioning Costs.--
            (1) In general.--Section 468A is amended by redesignating 
        subsections (f) and (g) as subsections (g) and (h), 
        respectively, and by inserting after subsection (e) the 
        following new subsection:
    ``(f) Transfers Into Qualified Funds.--
            ``(1) In general.--Notwithstanding subsection (b), any 
        taxpayer maintaining a Fund to which this section applies with 
        respect to a nuclear power plant may transfer into such Fund 
        not more than an amount equal to the present value of the 
        excess of the total nuclear decommissioning costs with respect 
        to such nuclear power plant over the portion of such costs 
        taken into account in determining the ruling amount in effect 
        immediately before the transfer.
            ``(2) Deduction for amounts transferred.--
                    ``(A) In general.--Except as provided in 
                subparagraph (C), the deduction allowed by subsection 
                (a) for any transfer permitted by this subsection shall 
                be allowed ratably over the remaining estimated useful 
                life (within the meaning of subsection (d)(2)(A)) of 
                the nuclear power plant beginning with the taxable year 
                during which the transfer is made.
                    ``(B) Denial of deduction for previously deducted 
                amounts.--No deduction shall be allowed for any 
                transfer under this subsection of an amount for which a 
                deduction was previously allowed or a corresponding 
                amount was not included in gross income. For purposes 
                of the preceding sentence, a ratable portion of each 
                transfer shall be treated as being from previously 
                deducted or excluded amounts to the extent thereof.
                    ``(C) Transfers of qualified funds.--If--
                            ``(i) any transfer permitted by this 
                        subsection is made to any Fund to which this 
                        section applies, and
                            ``(ii) such Fund is transferred thereafter,
                any deduction under this subsection for taxable years 
                ending after the date that such Fund is transferred 
                shall be allowed to the transferee and not the 
                transferor. The preceding sentence shall not apply if 
                the transferor is an entity exempt from tax under this 
                chapter.
                    ``(D) Special rules.--
                            ``(i) Gain or loss not recognized.--No gain 
                        or loss shall be recognized on any transfer 
                        permitted by this subsection.
                            ``(ii) Transfers of appreciated property.--
                        If appreciated property is transferred in a 
                        transfer permitted by this subsection, the 
                        amount of the deduction shall not exceed the 
                        adjusted basis of such property.
            ``(3) New ruling amount required.--Paragraph (1) shall not 
        apply to any transfer unless the taxpayer requests from the 
        Secretary a new schedule of ruling amounts in connection with 
        such transfer.
            ``(4) No basis in qualified funds.--Notwithstanding any 
        other provision of law, the taxpayer's basis in any Fund to 
        which this section applies shall not be increased by reason of 
        any transfer permitted by this subsection.''.
            (2) New ruling amount to take into account total costs.--
        Subparagraph (A) of section 468A(d)(2) (defining ruling amount) 
        is amended to read as follows:
                    ``(A) fund the total nuclear decommissioning costs 
                with respect to such power plant over the estimated 
                useful life of such power plant, and''.
    (d) Technical Amendment.--Section 468A(e)(2) (relating to taxation 
of Fund) is amended--
            (1) by striking ``rate set forth in subparagraph (B)'' in 
        subparagraph (A) and inserting ``rate of 20 percent'',
            (2) by striking subparagraph (B), and
            (3) by redesignating subparagraphs (C) and (D) as 
        subparagraphs (B) and (C), respectively.
    (e) Effective Date.--The amendments made by this section shall 
apply to taxable years beginning after December 31, 2004.

SEC. 856. TREATMENT OF CERTAIN INCOME OF COOPERATIVES.

    (a) Income From Open Access and Nuclear Decommissioning 
Transactions.--
            (1) In general.--Section 501(c)(12)(C) (relating to list of 
        exempt organizations) is amended by striking ``or'' at the end 
        of clause (i), by striking clause (ii), and by adding at the 
        end the following new clauses:
                            ``(ii) from any open access transaction 
                        (other than income received or accrued directly 
                        or indirectly from a member),
                            ``(iii) from any nuclear decommissioning 
                        transaction,
                            ``(iv) from any asset exchange or 
                        conversion transaction, or
                            ``(v) from the prepayment of any loan, 
                        debt, or obligation made, insured, or 
                        guaranteed under the Rural Electrification Act 
                        of 1936.''.
            (2) Definitions and special rules.--Section 501(c)(12) is 
        amended by adding at the end the following new subparagraphs:
                    ``(E) For purposes of subparagraph (C)(ii)--
                            ``(i) The term `open access transaction' 
                        means any transaction meeting the open access 
                        requirements of any of the following subclauses 
                        with respect to a mutual or cooperative 
                        electric company:
                                    ``(I) The provision or sale of 
                                electric transmission service or 
                                ancillary services meets the open 
                                access requirements of this subclause 
                                only if such services are provided on a 
                                nondiscriminatory open access basis 
                                pursuant to an open access transmission 
                                tariff filed with and approved by FERC, 
                                including an acceptable reciprocity 
                                tariff, or under a regional 
                                transmission organization agreement 
                                approved by FERC.
                                    ``(II) The provision or sale of 
                                electric energy distribution services 
                                or ancillary services meets the open 
                                access requirements of this subclause 
                                only if such services are provided on a 
                                nondiscriminatory open access basis to 
                                end-users served by distribution 
                                facilities owned by the mutual or 
                                cooperative electric company (or its 
                                members).
                                    ``(III) The delivery or sale of 
                                electric energy generated by a 
                                generation facility meets the open 
                                access requirements of this subclause 
                                only if such facility is directly 
                                connected to distribution facilities 
                                owned by the mutual or cooperative 
                                electric company (or its members) which 
                                owns the generation facility, and such 
                                distribution facilities meet the open 
                                access requirements of subclause (II).
                            ``(ii) Clause (i)(I) shall apply in the 
                        case of a voluntarily filed tariff only if the 
                        mutual or cooperative electric company files a 
                        report with FERC within 90 days after the date 
                        of the enactment of this subparagraph relating 
                        to whether or not such company will join a 
                        regional transmission organization.
                            ``(iii) A mutual or cooperative electric 
                        company shall be treated as meeting the open 
                        access requirements of clause (i)(I) if a 
                        regional transmission organization controls the 
                        transmission facilities.
                            ``(iv) References to FERC in this 
                        subparagraph shall be treated as including 
                        references to the Public Utility Commission of 
                        Texas with respect to any ERCOT utility (as 
                        defined in section 212(k)(2)(B) of the Federal 
                        Power Act (16 U.S.C. 824k(k)(2)(B))) or 
                        references to the Rural Utilities Service with 
                        respect to any other facility not subject to 
                        FERC jurisdiction.
                            ``(v) For purposes of this subparagraph--
                                    ``(I) The term `transmission 
                                facility' means an electric output 
                                facility (other than a generation 
                                facility) which operates at an electric 
                                voltage of 69 kilovolts or greater. To 
                                the extent provided in regulations, 
                                such term includes any output facility 
                                which FERC determines is a transmission 
                                facility under standards applied by 
                                FERC under the Federal Power Act (as in 
                                effect on the date of the enactment of 
                                the Energy Tax Incentives Act).
                                    ``(II) The term `regional 
                                transmission organization' includes an 
                                independent system operator.
                                    ``(III) The term `FERC' means the 
                                Federal Energy Regulatory Commission.
                    ``(F) The term `nuclear decommissioning 
                transaction' means--
                            ``(i) any transfer into a trust, fund, or 
                        instrument established to pay any nuclear 
                        decommissioning costs if the transfer is in 
                        connection with the transfer of the mutual or 
                        cooperative electric company's interest in a 
                        nuclear power plant or nuclear power plant 
                        unit,
                            ``(ii) any distribution from any trust, 
                        fund, or instrument established to pay any 
                        nuclear decommissioning costs, or
                            ``(iii) any earnings from any trust, fund, 
                        or instrument established to pay any nuclear 
                        decommissioning costs.
                    ``(G) The term `asset exchange or conversion 
                transaction' means any voluntary exchange or 
                involuntary conversion of any property related to 
                generating, transmitting, distributing, or selling 
                electric energy by a mutual or cooperative electric 
                company, the gain from which qualifies for deferred 
                recognition under section 1031 or 1033, but only if the 
                replacement property acquired by such company pursuant 
                to such section constitutes property which is used, or 
                to be used, for--
                            ``(i) generating, transmitting, 
                        distributing, or selling electric energy, or
                            ``(ii) producing, transmitting, 
                        distributing, or selling natural gas.''.
    (b) Treatment of Income From Load Loss Transactions.--Section 
501(c)(12), as amended by subsection (a)(2), is amended by adding after 
subparagraph (G) the following new subparagraph:
                    ``(H)(i) In the case of a mutual or cooperative 
                electric company described in this paragraph or an 
                organization described in section 1381(a)(2)(C), income 
                received or accrued from a load loss transaction shall 
                be treated as an amount collected from members for the 
                sole purpose of meeting losses and expenses.
                    ``(ii) For purposes of clause (i), the term `load 
                loss transaction' means any wholesale or retail sale of 
                electric energy (other than to members) to the extent 
                that the aggregate sales during the recovery period do 
                not exceed the load loss mitigation sales limit for 
                such period.
                    ``(iii) For purposes of clause (ii), the load loss 
                mitigation sales limit for the recovery period is the 
                sum of the annual load losses for each year of such 
                period.
                    ``(iv) For purposes of clause (iii), a mutual or 
                cooperative electric company's annual load loss for 
                each year of the recovery period is the amount (if any) 
                by which--
                            ``(I) the megawatt hours of electric energy 
                        sold during such year to members of such 
                        electric company are less than
                            ``(II) the megawatt hours of electric 
                        energy sold during the base year to such 
                        members.
                    ``(v) For purposes of clause (iv)(II), the term 
                `base year' means--
                            ``(I) the calendar year preceding the 
                        start-up year, or
                            ``(II) at the election of the electric 
                        company, the second or third calendar years 
                        preceding the start-up year.
                    ``(vi) For purposes of this subparagraph, the 
                recovery period is the 7-year period beginning with the 
                start-up year.
                    ``(vii) For purposes of this subparagraph, the 
                start-up year is the calendar year which includes 
                January 1, 2005, or, if later, at the election of the 
                mutual or cooperative electric company--
                            ``(I) the first year that such electric 
                        company offers nondiscriminatory open access, 
                        or
                            ``(II) the first year in which at least 10 
                        percent of such electric company's sales are 
                        not to members of such electric company.
                    ``(viii) A company shall not fail to be treated as 
                a mutual or cooperative company for purposes of this 
                paragraph or as a corporation operating on a 
                cooperative basis for purposes of section 1381(a)(2)(C) 
                by reason of the treatment under clause (i).
                    ``(ix) In the case of a mutual or cooperative 
                electric company, income from any open access 
                transaction received, or accrued, indirectly from a 
                member shall be treated as an amount collected from 
                members for the sole purpose of meeting losses and 
                expenses.''.
    (c) Exception From Unrelated Business Taxable Income.--Section 
512(b) (relating to modifications), as amended by this Act, is amended 
by adding at the end the following new paragraph:
            ``(20) Treatment of mutual or cooperative electric 
        companies.--In the case of a mutual or cooperative electric 
        company described in section 501(c)(12), there shall be 
        excluded income which is treated as member income under 
        subparagraph (H) thereof.''.
    (d) Cross Reference.--Section 1381 is amended by adding at the end 
the following new subsection:
    ``(c) Cross Reference.--

                                ``For treatment of income from load 
loss transactions of organizations described in subsection (a)(2)(C), 
see section 501(c)(12)(H).''.
    (e) Effective Date.--The amendments made by this section shall 
apply to taxable years beginning after December 31, 2004.

SEC. 857. SALES OR DISPOSITIONS TO IMPLEMENT FEDERAL ENERGY REGULATORY 
              COMMISSION OR STATE ELECTRIC RESTRUCTURING POLICY.

    (a) In General.--Section 451 (relating to general rule for taxable 
year of inclusion) is amended by adding at the end the following new 
subsection:
    ``(i) Special Rule for Sales or Dispositions To Implement Federal 
Energy Regulatory Commission or State Electric Restructuring Policy.--
            ``(1) In general.--For purposes of this subtitle, if a 
        taxpayer elects the application of this subsection to a 
        qualifying electric transmission transaction in any taxable 
        year--
                    ``(A) any ordinary income derived from such 
                transaction which would be required to be recognized 
                under section 1245 or 1250 for such taxable year 
                (determined without regard to this subsection), and
                    ``(B) any income derived from such transaction in 
                excess of such ordinary income which is required to be 
                included in gross income for such taxable year 
                (determined without regard to this subsection),
        shall be so recognized and included ratably over the 8-taxable 
        year period beginning with such taxable year.
            ``(2) Qualifying electric transmission transaction.--For 
        purposes of this subsection, the term `qualifying electric 
        transmission transaction' means any sale or other disposition 
        before January 1, 2008, of--
                    ``(A) property used by the taxpayer in the trade or 
                business of providing electric transmission services, 
                or
                    ``(B) any stock or partnership interest in a 
                corporation or partnership, as the case may be, whose 
                principal trade or business consists of providing 
                electric transmission services,
        but only if such sale or disposition is to an independent 
        transmission company.
            ``(3) Independent transmission company.--For purposes of 
        this subsection, the term `independent transmission company' 
        means--
                    ``(A) a regional transmission organization approved 
                by the Federal Energy Regulatory Commission,
                    ``(B) a person--
                            ``(i) who the Federal Energy Regulatory 
                        Commission determines in its authorization of 
                        the transaction under section 203 of the 
                        Federal Power Act (16 U.S.C. 824b) is not a 
                        market participant within the meaning of such 
                        Commission's rules applicable to regional 
                        transmission organizations, and
                            ``(ii) whose transmission facilities to 
                        which the election under this subsection 
                        applies are under the operational control of a 
                        Federal Energy Regulatory Commission-approved 
                        regional transmission organization before the 
                        close of the period specified in such 
                        authorization, but not later than January 1, 
                        2008, or
                    ``(C) in the case of facilities subject to the 
                exclusive jurisdiction of the Public Utility Commission 
                of Texas, a person which is approved by that Commission 
                as consistent with Texas State law regarding an 
                independent transmission organization.
            ``(4) Election.--An election under paragraph (1), once 
        made, shall be irrevocable.
            ``(5) Nonapplication of installment sales treatment.--
        Section 453 shall not apply to any qualifying electric 
        transmission transaction with respect to which an election to 
        apply this subsection is made.''.
    (b) Effective Date.--The amendment made by this section shall apply 
to transactions occurring after December 31, 2004.

            Subtitle G--Volumetric Ethanol Excise Tax Credit

SEC. 860. SHORT TITLE.

    This subtitle may be cited as the ``Volumetric Ethanol Excise Tax 
Credit (VEETC) Act of 2004''.

SEC. 861. ALCOHOL AND BIODIESEL EXCISE TAX CREDIT AND EXTENSION OF 
              ALCOHOL FUELS INCOME TAX CREDIT.

    (a) In General.--Subchapter B of chapter 65 (relating to rules of 
special application) is amended by inserting after section 6425 the 
following new section:

``SEC. 6426. CREDIT FOR ALCOHOL FUEL AND BIODIESEL MIXTURES.

    ``(a) Allowance of Credits.--There shall be allowed as a credit 
against the tax imposed by section 4081 an amount equal to the sum of--
            ``(1) the alcohol fuel mixture credit, plus
            ``(2) the biodiesel mixture credit.
    ``(b) Alcohol Fuel Mixture Credit.--
            ``(1) In general.--For purposes of this section, the 
        alcohol fuel mixture credit is the product of the applicable 
        amount and the number of gallons of alcohol used by the 
        taxpayer in producing any alcohol fuel mixture for sale or use 
        in a trade or business of the taxpayer.
            ``(2) Applicable amount.--For purposes of this subsection--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), the applicable amount is 52 cents (51 
                cents in the case of any sale or use after 2004).
                    ``(B) Mixtures not containing ethanol.--In the case 
                of an alcohol fuel mixture in which none of the alcohol 
                consists of ethanol, the applicable amount is 60 cents.
            ``(3) Alcohol fuel mixture.--For purposes of this 
        subsection, the term `alcohol fuel mixture' means a mixture of 
        alcohol and a taxable fuel which--
                    ``(A) is sold by the taxpayer producing such 
                mixture to any person for use as a fuel,
                    ``(B) is used as a fuel by the taxpayer producing 
                such mixture, or
                    ``(C) is removed from the refinery by a person 
                producing such mixture.
            ``(4) Other definitions.--For purposes of this subsection--
                    ``(A) Alcohol.--The term `alcohol' includes 
                methanol and ethanol but does not include--
                            ``(i) alcohol produced from petroleum, 
                        natural gas, or coal (including peat), or
                            ``(ii) alcohol with a proof of less than 
                        190 (determined without regard to any added 
                        denaturants).
                Such term also includes an alcohol gallon equivalent of 
                ethyl tertiary butyl ether or other ethers produced 
                from such alcohol.
                    ``(B) Taxable fuel.--The term `taxable fuel' has 
                the meaning given such term by section 4083(a)(1).
            ``(5) Termination.--This subsection shall not apply to any 
        sale, use, or removal for any period after December 31, 2010.
    ``(c) Biodiesel Mixture Credit.--
            ``(1) In general.--For purposes of this section, the 
        biodiesel mixture credit is the product of the applicable 
        amount and the number of gallons of biodiesel used by the 
        taxpayer in producing any biodiesel mixture for sale or use in 
        a trade or business of the taxpayer.
            ``(2) Applicable amount.--For purposes of this subsection--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), the applicable amount is 50 cents.
                    ``(B) Amount for agri-biodiesel.--In the case of 
                any biodiesel which is agri-biodiesel, the applicable 
                amount is $1.00.
            ``(3) Biodiesel mixture.--For purposes of this section, the 
        term `biodiesel mixture' means a mixture of biodiesel and 
        diesel fuel (as defined in section 4083(a)(3)), determined 
        without regard to any use of kerosene, which--
                    ``(A) is sold by the taxpayer producing such 
                mixture to any person for use as a fuel,
                    ``(B) is used as a fuel by the taxpayer producing 
                such mixture, or
                    ``(C) is removed from the refinery by a person 
                producing such mixture.
            ``(4) Certification for biodiesel.--No credit shall be 
        allowed under this section unless the taxpayer obtains a 
        certification (in such form and manner as prescribed by the 
        Secretary) from the producer of the biodiesel which identifies 
        the product produced and the percentage of biodiesel and agri-
        biodiesel in the product.
            ``(5) Other definitions.--Any term used in this subsection 
        which is also used in section 40A shall have the meaning given 
        such term by section 40A.
            ``(6) Termination.--This subsection shall not apply to any 
        sale, use, or removal for any period after December 31, 2006.
    ``(d) Mixture not used as a fuel, etc.--
            ``(1) Imposition of tax.--If--
                    ``(A) any credit was determined under this section 
                with respect to alcohol or biodiesel used in the 
                production of any alcohol fuel mixture or biodiesel 
                mixture, respectively, and
                    ``(B) any person--
                            ``(i) separates the alcohol or biodiesel 
                        from the mixture, or
                            ``(ii) without separation, uses the mixture 
                        other than as a fuel,
                then there is hereby imposed on such person a tax equal 
                to the product of the applicable amount and the number 
                of gallons of such alcohol or biodiesel.
            ``(2) Applicable laws.--All provisions of law, including 
        penalties, shall, insofar as applicable and not inconsistent 
        with this section, apply in respect of any tax imposed under 
        paragraph (1) as if such tax were imposed by section 4081 and 
        not by this section.
    ``(e) Coordination With Exemption From Excise Tax.--Rules similar 
to the rules under section 40(c) shall apply for purposes of this 
section.''.
    (b) Registration Requirement.--Section 4101(a)(1) (relating to 
registration), as amended by sections 871 and 880 of this Act, is 
amended by inserting ``and every person producing or importing 
biodiesel (as defined in section 40A(d)(1)) or alcohol (as defined in 
section 6426(b)(4)(A))'' after ``4081''.
    (c) Additional Amendments.--
            (1) Section 40(c) is amended by striking ``subsection 
        (b)(2), (k), or (m) of section 4041, section 4081(c), or 
        section 4091(c)'' and inserting ``section 4041(b)(2), section 
        6426, or section 6427(e)''.
            (2) Paragraph (4) of section 40(d) is amended to read as 
        follows:
            ``(4) Volume of alcohol.--For purposes of determining under 
        subsection (a) the number of gallons of alcohol with respect to 
        which a credit is allowable under subsection (a), the volume of 
        alcohol shall include the volume of any denaturant (including 
        gasoline) which is added under any formulas approved by the 
        Secretary to the extent that such denaturants do not exceed 5 
        percent of the volume of such alcohol (including 
        denaturants).''.
            (3) Section 40(e)(1) is amended--
                    (A) by striking ``2007'' in subparagraph (A) and 
                inserting ``2010'', and
                    (B) by striking ``2008'' in subparagraph (B) and 
                inserting ``2011''.
            (4) Section 40(h) is amended--
                    (A) by striking ``2007'' in paragraph (1) and 
                inserting ``2010'', and
                    (B) by striking ``, 2006, or 2007'' in the table 
                contained in paragraph (2) and inserting ``through 
                2010''.
            (5) Section 4041(b)(2)(B) is amended by striking ``a 
        substance other than petroleum or natural gas'' and inserting 
        ``coal (including peat)''.
            (6) Section 4041 is amended by striking subsection (k).
            (7) Section 4081 is amended by striking subsection (c).
            (8) Paragraph (2) of section 4083(a) is amended to read as 
        follows:
            ``(2) Gasoline.--The term `gasoline'--
                    ``(A) includes any gasoline blend, other than 
                qualified methanol or ethanol fuel (as defined in 
                section 4041(b)(2)(B)), partially exempt methanol or 
                ethanol fuel (as defined in section 4041(m)(2)), or a 
                denatured alcohol, and
                    ``(B) includes, to the extent prescribed in 
                regulations--
                            ``(i) any gasoline blend stock, and
                            ``(ii) any product commonly used as an 
                        additive in gasoline (other than alcohol).
        For purposes of subparagraph (B)(i), the term `gasoline blend 
        stock' means any petroleum product component of gasoline.''.
            (9) Section 6427 is amended by inserting after subsection 
        (d) the following new subsection:
    ``(e) Alcohol or Biodiesel Used To Produce Alcohol Fuel and 
Biodiesel Mixtures or Used as Fuels.--Except as provided in subsection 
(k)--
            ``(1) Used to produce a mixture.--If any person produces a 
        mixture described in section 6426 in such person's trade or 
        business, the Secretary shall pay (without interest) to such 
        person an amount equal to the alcohol fuel mixture credit or 
        the biodiesel mixture credit with respect to such mixture.
            ``(2) Used as fuel.--If alcohol (as defined in section 
        40(d)(1)) or biodiesel (as defined in section 40A(d)(1)) or 
        agri-biodiesel (as defined in section 40A(d)(2)) which is not 
        in a mixture described in section 6426--
                    ``(A) is used by any person as a fuel in a trade or 
                business, or
                    ``(B) is sold by any person at retail to another 
                person and placed in the fuel tank of such person's 
                vehicle,
        the Secretary shall pay (without interest) to such person an 
        amount equal to the alcohol credit (as determined under section 
        40(b)(2)) or the biodiesel credit (as determined under section 
        40A(b)(2)) with respect to such fuel.
            ``(3) Coordination with other repayment provisions.--No 
        amount shall be payable under paragraph (1) with respect to any 
        mixture with respect to which an amount is allowed as a credit 
        under section 6426.
            ``(4) Termination.--This subsection shall not apply with 
        respect to--
                    ``(A) any alcohol fuel mixture (as defined in 
                section 6426(b)(3)) or alcohol (as so defined) sold or 
                used after December 31, 2010, and
                    ``(B) any biodiesel mixture (as defined in section 
                6426(c)(3)) or biodiesel (as so defined) or agri-
                biodiesel (as so defined) sold or used after December 
                31, 2006.''.
            (10) Section 6427(i)(3) is amended--
                    (A) by striking ``subsection (f)'' both places it 
                appears in subparagraph (A) and inserting ``subsection 
                (e)(1)'',
                    (B) by striking ``gasoline, diesel fuel, or 
                kerosene used to produce a qualified alcohol mixture 
                (as defined in section 4081(c)(3))'' in subparagraph 
                (A) and inserting ``a mixture described in section 
                6426'',
                    (C) by adding at the end of subparagraph (A) the 
                following new flush sentence:
                ``In the case of an electronic claim, this subparagraph 
                shall be applied without regard to clause (i).'',
                    (D) by striking ``subsection (f)(1)'' in 
                subparagraph (B) and inserting ``subsection (e)(1)'',
                    (E) by striking ``20 days of the date of the filing 
                of such claim'' in subparagraph (B) and inserting ``45 
                days of the date of the filing of such claim (20 days 
                in the case of an electronic claim)'', and
                    (F) by striking ``alcohol mixture'' in the heading 
                and inserting ``alcohol fuel and biodiesel mixture''.
            (11) Section 9503(b)(1) is amended by adding at the end the 
        following new flush sentence:
        ``For purposes of this paragraph, taxes received under sections 
        4041 and 4081 shall be determined without reduction for credits 
        under section 6426.''.
            (12) Section 9503(b)(4) is amended--
                    (A) by adding ``or'' at the end of subparagraph 
                (C),
                    (B) by striking the comma at the end of 
                subparagraph (D)(iii) and inserting a period, and
                    (C) by striking subparagraphs (E) and (F).
            (13) The table of sections for subchapter B of chapter 65 
        is amended by inserting after the item relating to section 6425 
        the following new item:

        ``Sec. 6426. Credit for alcohol fuel and biodiesel mixtures.''.
            (14) Tariff schedule.--Headings 9901.00.50 and 9901.00.52 
        of the Harmonized Tariff Schedule of the United States (19 
        U.S.C. 3007) are each amended in the effective period column by 
        striking ``10/1/2007'' each place it appears and inserting ``1/
        1/2011''.
    (d) Effective Dates.--
            (1) In general.--Except as otherwise provided in this 
        subsection, the amendments made by this section shall apply to 
        fuel sold or used after September 30, 2004.
            (2) Registration requirement.--The amendment made by 
        subsection (b) shall take effect on April 1, 2005.
            (3) Extension of alcohol fuels credit.--The amendments made 
        by paragraphs (3), (4), and (14) of subsection (c) shall take 
        effect on the date of the enactment of this Act.
            (4) Repeal of general fund retention of certain alcohol 
        fuels taxes.--The amendments made by subsection (c)(12) shall 
        apply to fuel sold or used after September 30, 2003.
    (e) Format for Filing.--The Secretary of the Treasury shall 
describe the electronic format for filing claims described in section 
6427(i)(3)(B) of the Internal Revenue Code of 1986 (as amended by 
subsection (c)(10)(C)) not later than September 30, 2004.

SEC. 862. BIODIESEL INCOME TAX CREDIT.

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

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

    ``(a) General Rule.--For purposes of section 38, the biodiesel 
fuels credit determined under this section for the taxable year is an 
amount equal to the sum of--
            ``(1) the biodiesel mixture credit, plus
            ``(2) the biodiesel credit.
    ``(b) Definition of Biodiesel Mixture Credit and Biodiesel 
Credit.--For purposes of this section--
            ``(1) Biodiesel mixture credit.--
                    ``(A) In general.--The biodiesel mixture credit of 
                any taxpayer for any taxable year is 50 cents for each 
                gallon of biodiesel used by the taxpayer in the 
                production of a qualified biodiesel mixture.
                    ``(B) Qualified biodiesel mixture.--The term 
                `qualified biodiesel mixture' means a mixture of 
                biodiesel and diesel fuel (as defined in section 
                4083(a)(3)), determined without regard to any use of 
                kerosene, which--
                            ``(i) is sold by the taxpayer producing 
                        such mixture to any person for use as a fuel, 
                        or
                            ``(ii) is used as a fuel by the taxpayer 
                        producing such mixture.
                    ``(C) Sale or use must be in trade or business, 
                etc.--Biodiesel used in the production of a qualified 
                biodiesel mixture shall be taken into account--
                            ``(i) only if the sale or use described in 
                        subparagraph (B) is in a trade or business of 
                        the taxpayer, and
                            ``(ii) for the taxable year in which such 
                        sale or use occurs.
                    ``(D) Casual off-farm production not eligible.--No 
                credit shall be allowed under this section with respect 
                to any casual off-farm production of a qualified 
                biodiesel mixture.
            ``(2) Biodiesel credit.--
                    ``(A) In general.--The biodiesel credit of any 
                taxpayer for any taxable year is 50 cents for each 
                gallon of biodiesel which is not in a mixture with 
                diesel fuel and which during the taxable year--
                            ``(i) is used by the taxpayer as a fuel in 
                        a trade or business, or
                            ``(ii) is sold by the taxpayer at retail to 
                        a person and placed in the fuel tank of such 
                        person's vehicle.
                    ``(B) User credit not to apply to biodiesel sold at 
                retail.--No credit shall be allowed under subparagraph 
                (A)(i) with respect to any biodiesel which was sold in 
                a retail sale described in subparagraph (A)(ii).
            ``(3) Credit for agri-biodiesel.--In the case of any 
        biodiesel which is agri-biodiesel, paragraphs (1)(A) and (2)(A) 
        shall be applied by substituting `$1.00' for `50 cents'.
            ``(4) Certification for biodiesel.--No credit shall be 
        allowed under this section unless the taxpayer obtains a 
        certification (in such form and manner as prescribed by the 
        Secretary) from the producer or importer of the biodiesel which 
        identifies the product produced and the percentage of biodiesel 
        and agri-biodiesel in the product.
    ``(c) Coordination With Credit Against Excise Tax.--The amount of 
the credit determined under this section with respect to any biodiesel 
shall be properly reduced to take into account any benefit provided 
with respect to such biodiesel solely by reason of the application of 
section 6426 or 6427(e).
    ``(d) Definitions and Special Rules.--For purposes of this 
section--
            ``(1) Biodiesel.--The term `biodiesel' means the monoalkyl 
        esters of long chain fatty acids derived from plant or animal 
        matter which meet--
                    ``(A) the registration requirements for fuels and 
                fuel additives established by the Environmental 
                Protection Agency under section 211 of the Clean Air 
                Act (42 U.S.C. 7545), and
                    ``(B) the requirements of the American Society of 
                Testing and Materials D6751.
            ``(2) Agri-biodiesel.--The term `agri-biodiesel' means 
        biodiesel derived solely from virgin oils, including esters 
        derived from virgin vegetable oils from corn, soybeans, 
        sunflower seeds, cottonseeds, canola, crambe, rapeseeds, 
        safflowers, flaxseeds, rice bran, and mustard seeds, and from 
        animal fats.
            ``(3) Mixture or biodiesel not used as a fuel, etc.--
                    ``(A) Mixtures.--If--
                            ``(i) any credit was determined under this 
                        section with respect to biodiesel used in the 
                        production of any qualified biodiesel mixture, 
                        and
                            ``(ii) any person--
                                    ``(I) separates the biodiesel from 
                                the mixture, or
                                    ``(II) without separation, uses the 
                                mixture other than as a fuel,
                then there is hereby imposed on such person a tax equal 
                to the product of the rate applicable under subsection 
                (b)(1)(A) and the number of gallons of such biodiesel 
                in such mixture.
                    ``(B) Biodiesel.--If--
                            ``(i) any credit was determined under this 
                        section with respect to the retail sale of any 
                        biodiesel, and
                            ``(ii) any person mixes such biodiesel or 
                        uses such biodiesel other than as a fuel,
                then there is hereby imposed on such person a tax equal 
                to the product of the rate applicable under subsection 
                (b)(2)(A) and the number of gallons of such biodiesel.
                    ``(C) Applicable laws.--All provisions of law, 
                including penalties, shall, insofar as applicable and 
                not inconsistent with this section, apply in respect of 
                any tax imposed under subparagraph (A) or (B) as if 
                such tax were imposed by section 4081 and not by this 
                chapter.
            ``(4) Pass-thru in the case of estates and trusts.--Under 
        regulations prescribed by the Secretary, rules similar to the 
        rules of subsection (d) of section 52 shall apply.
    ``(e) Termination.--This section shall not apply to any sale or use 
after December 31, 2006.''.
    (b) Credit Treated as Part of General Business Credit.--Section 
38(b) (relating to current year business credit), as amended by this 
Act, is amended by striking ``plus'' at the end of paragraph (28), by 
striking the period at the end of paragraph (29) and inserting ``, 
plus'', and by adding at the end the following new paragraph:
            ``(30) the biodiesel fuels credit determined under section 
        40B(a).''.
    (c) Conforming Amendments.--
            (1)(A) Section 87, as amended by this Act, is amended--
                    (i) by striking ``and'' at the end of paragraph 
                (1),
                    (ii) by striking the period at the end of paragraph 
                (2) and inserting ``, and'',
                    (iii) by adding at the end the following new 
                paragraph:
            ``(3) the biodiesel fuels credit determined with respect to 
        the taxpayer for the taxable year under section 40B(a).'', and
            (iv) by striking ``fuel credit'' in the heading and 
        inserting ``and biodiesel fuels credits''.
            (B) The item relating to section 87 in the table of 
        sections for part II of subchapter B of chapter 1 is amended by 
        striking ``fuel credit'' and inserting ``and biodiesel fuels 
        credits''.
            (2) Section 196(c), as amended by this Act, is amended by 
        striking ``and'' at the end of paragraph (11), by striking the 
        period at the end of paragraph (12) and inserting ``, and'', 
        and by adding at the end the following new paragraph:
            ``(13) the biodiesel fuels credit determined under section 
        40B(a).''.
            (3) The table of sections for subpart D of part IV of 
        subchapter A of chapter 1 is amended by adding after the item 
        relating to section 40 the following new item:

                              ``Sec. 40B. Biodiesel used as fuel.''.
    (d) Effective Date.--The amendments made by this section shall 
apply to fuel produced, and sold or used, after September 30, 2004, in 
taxable years ending after such date.

                   Subtitle H--Fuel Fraud Prevention

SEC. 870. SHORT TITLE.

    This subtitle may be cited as the ``Fuel Fraud Prevention Act of 
2004''.

                       PART I--AVIATION JET FUEL

SEC. 871. TAXATION OF AVIATION-GRADE KEROSENE.

    (a) Rate of Tax.--
            (1) In general.--Subparagraph (A) of section 4081(a)(2) is 
        amended by striking ``and'' at the end of clause (ii), by 
        striking the period at the end of clause (iii) and inserting 
        ``, and'', and by adding at the end the following new clause:
                            ``(iv) in the case of aviation-grade 
                        kerosene, 21.8 cents per gallon.''.
            (2) Commercial aviation.--Paragraph (2) of section 4081(a) 
        is amended by adding at the end the following new subparagraph:
                    ``(C) Taxes imposed on fuel used in commercial 
                aviation.--In the case of aviation-grade kerosene which 
                is removed from any refinery or terminal directly into 
                the fuel tank of an aircraft for use in commercial 
                aviation, the rate of tax under subparagraph (A)(iv) 
                shall be 4.3 cents per gallon.''.
            (3) Nontaxable uses.--
                    (A) In general.--Section 4082 is amended by 
                redesignating subsections (e) and (f) as subsections 
                (f) and (g), respectively, and by inserting after 
                subsection (d) the following new subsection:
    ``(e) Aviation-Grade Kerosene.--In the case of aviation-grade 
kerosene which is exempt from the tax imposed by section 4041(c) (other 
than by reason of a prior imposition of tax) and which is removed from 
any refinery or terminal directly into the fuel tank of an aircraft, 
the rate of tax under section 4081(a)(2)(A)(iv) shall be zero.''.
                    (B) Conforming amendments.--
                            (i) Subsection (b) of section 4082 is 
                        amended by adding at the end the following new 
                        flush sentence: ``The term `nontaxable use' 
                        does not include the use of aviation-grade 
                        kerosene in an aircraft.''.
                            (ii) Section 4082(d) is amended by striking 
                        paragraph (1) and by redesignating paragraphs 
                        (2) and (3) as paragraphs (1) and (2), 
                        respectively.
            (4) Nonaircraft use of aviation-grade kerosene.--
                    (A) In general.--Subparagraph (B) of section 
                4041(a)(1) is amended by adding at the end the 
                following new sentence: ``This subparagraph shall not 
                apply to aviation-grade kerosene.''.
                    (B) Conforming amendment.--The heading for 
                paragraph (1) of section 4041(a) is amended by 
                inserting ``and kerosene'' after ``diesel fuel''.
    (b) Commercial Aviation.--Section 4083 is amended redesignating 
subsections (b) and (c) as subsections (c) and (d), respectively, and 
by inserting after subsection (a) the following new subsection:
    ``(b) Commercial Aviation.--For purposes of this subpart, the term 
`commercial aviation' means any use of an aircraft in a business of 
transporting persons or property for compensation or hire by air, 
unless properly allocable to any transportation exempt from the taxes 
imposed by section 4261 and 4271 by reason of section 4281 or 4282 or 
by reason of section 4261(h).''.
    (c) Refunds.--
            (1) In general.--Paragraph (4) of section 6427(l) is 
        amended to read as follows:
            ``(4) Refunds for aviation-grade kerosene.--
                    ``(A) No refund of certain taxes on fuel used in 
                commercial aviation.--In the case of aviation-grade 
                kerosene used in commercial aviation (as defined in 
                section 4083(b)) (other than supplies for vessels or 
                aircraft within the meaning of section 4221(d)(3)), 
                paragraph (1) shall not apply to so much of the tax 
                imposed by section 4081 as is attributable to--
                            ``(i) the Leaking Underground Storage Tank 
                        Trust Fund financing rate imposed by such 
                        section, and
                            ``(ii) so much of the rate of tax specified 
                        in section 4081(a)(2)(A)(iv) as does not exceed 
                        4.3 cents per gallon.
                    ``(B) Payment to ultimate, registered vendor.--With 
                respect to aviation-grade kerosene, if the ultimate 
                purchaser of such kerosene waives (at such time and in 
                such form and manner as the Secretary shall prescribe) 
                the right to payment under paragraph (1) and assigns 
                such right to the ultimate vendor, then the Secretary 
                shall pay the amount which would be paid under 
                paragraph (1) to such ultimate vendor, but only if such 
                ultimate vendor--
                            ``(i) is registered under section 4101, and
                            ``(ii) meets the requirements of 
                        subparagraph (A), (B), or (D) of section 
                        6416(a)(1).''.
            (2) Time for filing claims.--Subparagraph (A) of section 
        6427(i)(4) is amended--
                    (A) by striking ``subsection (l)(5)'' both places 
                it appears and inserting ``paragraph (4)(B) or (5) of 
                subsection (l)'', and
                    (B) by striking ``the preceding sentence'' and 
                inserting ``subsection (l)(5)''.
            (3) Conforming amendment.--Subparagraph (B) of section 
        6427(l)(2) is amended to read as follows:
                    ``(B) in the case of aviation-grade kerosene--
                            ``(i) any use which is exempt from the tax 
                        imposed by section 4041(c) other than by reason 
                        of a prior imposition of tax, or
                            ``(ii) any use in commercial aviation 
                        (within the meaning of section 4083(b)).''.
    (d) Repeal of Prior Taxation of Aviation Fuel.--
            (1) In general.--Part III of subchapter A of chapter 32 is 
        amended by striking subpart B and by redesignating subpart C as 
        subpart B.
            (2) Conforming amendments.--
                    (A) Section 4041(c) is amended to read as follows:
    ``(c) Aviation-Grade Kerosene.--
            ``(1) In general.--There is hereby imposed a tax upon 
        aviation-grade kerosene--
                    ``(A) sold by any person to an owner, lessee, or 
                other operator of an aircraft for use in such aircraft, 
                or
                    ``(B) used by any person in an aircraft unless 
                there was a taxable sale of such fuel under 
                subparagraph (A).
            ``(2) Exemption for previously taxed fuel.--No tax shall be 
        imposed by this subsection on the sale or use of any aviation-
        grade kerosene if tax was imposed on such liquid under section 
        4081 and the tax thereon was not credited or refunded.
            ``(3) Rate of tax.--The rate of tax imposed by this 
        subsection shall be the rate of tax specified in section 
        4081(a)(2)(A)(iv) which is in effect at the time of such sale 
        or use.''.
                    (B) Section 4041(d)(2) is amended by striking 
                ``section 4091'' and inserting ``section 4081''.
                    (C) Section 4041 is amended by striking subsection 
                (e).
                    (D) Section 4041 is amended by striking subsection 
                (i).
                    (E) Section 4041(m)(1) is amended to read as 
                follows:
            ``(1) In general.--In the case of the sale or use of any 
        partially exempt methanol or ethanol fuel, the rate of the tax 
        imposed by subsection (a)(2) shall be--
                    ``(A) after September 30, 1997, and before 
                September 30, 2009--
                            ``(i) in the case of fuel none of the 
                        alcohol in which consists of ethanol, 9.15 
                        cents per gallon, and
                            ``(ii) in any other case, 11.3 cents per 
                        gallon, and
                    ``(B) after September 30, 2009--
                            ``(i) in the case of fuel none of the 
                        alcohol in which consists of ethanol, 2.15 
                        cents per gallon, and
                            ``(ii) in any other case, 4.3 cents per 
                        gallon.''.
                    (F) Sections 4101(a), 4103, 4221(a), and 6206 are 
                each amended by striking ``, 4081, or 4091'' and 
                inserting ``or 4081''.
                    (G) Section 6416(b)(2) is amended by striking 
                ``4091 or''.
                    (H) Section 6416(b)(3) is amended by striking ``or 
                4091'' each place it appears.
                    (I) Section 6416(d) is amended by striking ``or to 
                the tax imposed by section 4091 in the case of refunds 
                described in section 4091(d)''.
                    (J) Section 6427 is amended by striking subsection 
                (f).
                    (K) Section 6427(j)(1) is amended by striking ``, 
                4081, and 4091'' and inserting ``and 4081''.
                    (L)(i) Section 6427(l)(1) is amended to read as 
                follows:
            ``(1) In general.--Except as otherwise provided in this 
        subsection and in subsection (k), if any diesel fuel or 
        kerosene on which tax has been imposed by section 4041 or 4081 
        is used by any person in a nontaxable use, the Secretary shall 
        pay (without interest) to the ultimate purchaser of such fuel 
        an amount equal to the aggregate amount of tax imposed on such 
        fuel under section 4041 or 4081, as the case may be, reduced by 
        any refund paid to the ultimate vendor under paragraph 
        (4)(B).''.
                    (ii) Paragraph (5)(B) of section 6427(l) is amended 
                by striking ``Paragraph (1)(A) shall not apply to 
                kerosene'' and inserting ``Paragraph (1) shall not 
                apply to kerosene (other than aviation-grade 
                kerosene)''.
                    (M) Subparagraph (B) of section 6724(d)(1), as 
                amended by this Act, is amended by striking clause 
                (xvi) and by redesignating clauses (xvii), (xviii), and 
                (xix) as clauses (xvi), (xvii), and (xviii), 
                respectively.
                    (N) Paragraph (2) of section 6724(d), as amended by 
                this Act, is amended by striking subparagraph (X) and 
                by redesignating subparagraphs (Y), (Z), (AA), (BB), 
                and (CC) as subparagraphs (X), (Y), (Z), (AA), and 
                (BB), respectively.
                    (O) Paragraph (1) of section 9502(b) is amended by 
                adding ``and'' at the end of subparagraph (B) and by 
                striking subparagraphs (C) and (D) and inserting the 
                following new subparagraph:
                    ``(C) section 4081 with respect to aviation 
                gasoline and aviation-grade kerosene, and''.
                    (P) The last sentence of section 9502(b) is amended 
                to read as follows:
``There shall not be taken into account under paragraph (1) so much of 
the taxes imposed by section 4081 as are determined at the rate 
specified in section 4081(a)(2)(B).''.
                    (Q) Subsection (b) of section 9508 is amended by 
                striking paragraph (3) and by redesignating paragraphs 
                (4) and (5) as paragraphs (3) and (4), respectively.
                    (R) Section 9508(c)(2)(A) is amended by striking 
                ``sections 4081 and 4091'' and inserting ``section 
                4081''.
                    (S) The table of subparts for part III of 
                subchapter A of chapter 32 is amended to read as 
                follows:

                              ``Subpart A. Motor and aviation fuels.
                              ``Subpart B. Special provisions 
                                        applicable to fuels tax.''.
                    (T) The heading for subpart A of part III of 
                subchapter A of chapter 32 is amended to read as 
                follows:

                ``Subpart A--Motor and Aviation Fuels''.

                    (U) The heading for subpart B of part III of 
                subchapter A of chapter 32 is amended to read as 
                follows:

       ``Subpart B--Special Provisions Applicable to Fuels Tax''.

    (e) Effective Date.--The amendments made by this section shall 
apply to aviation-grade kerosene removed, entered, or sold after 
September 30, 2004.
    (f) Floor Stocks Tax.--
            (1) In general.--There is hereby imposed on aviation-grade 
        kerosene held on October 1, 2004, by any person a tax equal 
        to--
                    (A) the tax which would have been imposed before 
                such date on such kerosene had the amendments made by 
                this section been in effect at all times before such 
                date, reduced by
                    (B) the tax imposed before such date under section 
                4091 of the Internal Revenue Code of 1986, as in effect 
                on the day before the date of the enactment of this 
                Act.
            (2) Liability for tax and method of payment.--
                    (A) Liability for tax.--The person holding the 
                kerosene on October 1, 2004, to which the tax imposed 
                by paragraph (1) applies shall be liable for such tax.
                    (B) Method and time for payment.--The tax imposed 
                by paragraph (1) shall be paid at such time and in such 
                manner as the Secretary of the Treasury shall 
                prescribe, including the nonapplication of such tax on 
                de minimis amounts of kerosene.
            (3) Transfer of floor stock tax revenues to trust funds.--
        For purposes of determining the amount transferred to any trust 
        fund, the tax imposed by this subsection shall be treated as 
        imposed by section 4081 of the Internal Revenue Code of 1986--
                    (A) at the Leaking Underground Storage Tank Trust 
                Fund financing rate under such section to the extent of 
                0.1 cents per gallon, and
                    (B) at the rate under section 4081(a)(2)(A)(iv) to 
                the extent of the remainder.
            (4) Held by a person.--For purposes of this section, 
        kerosene shall be considered as held by a person if title 
        thereto has passed to such person (whether or not delivery to 
        the person has been made).
            (5) Other laws applicable.--All provisions of law, 
        including penalties, applicable with respect to the tax imposed 
        by section 4081 of such Code shall, insofar as applicable and 
        not inconsistent with the provisions of this subsection, apply 
        with respect to the floor stock tax imposed by paragraph (1) to 
        the same extent as if such tax were imposed by such section.

SEC. 872. TRANSFER OF CERTAIN AMOUNTS FROM THE AIRPORT AND AIRWAY TRUST 
              FUND TO THE HIGHWAY TRUST FUND TO REFLECT HIGHWAY USE OF 
              JET FUEL.

    (a) In General.--Section 9502(d) is amended by adding at the end 
the following new paragraph:
            ``(7) Transfers from the trust fund to the highway trust 
        fund.--
                    ``(A) In general.--The Secretary shall pay annually 
                from the Airport and Airway Trust Fund into the Highway 
                Trust Fund an amount (as determined by him) equivalent 
                to amounts received in the Airport and Airway Trust 
                Fund which are attributable to fuel that is used 
                primarily for highway transportation purposes.
                    ``(B) Amounts transferred to mass transit 
                account.--The Secretary shall transfer 11 percent of 
                the amounts paid into the Highway Trust Fund under 
                subparagraph (A) to the Mass Transit Account 
                established under section 9503(e).''.
    (b) Conforming Amendments.--
            (1) Subsection (a) of section 9503 is amended--
                    (A) by striking ``appropriated or credited'' and 
                inserting ``paid, appropriated, or credited'', and
                    (B) by striking ``or section 9602(b)'' and 
                inserting ``, section 9502(d)(7), or section 9602(b)''.
            (2) Subsection (e)(1) of section 9503 is amended by 
        striking ``or section 9602(b)'' and inserting ``, section 
        9502(d)(7), or section 9602(b)''.
    (c) Effective Date.--The amendments made by this section shall take 
effect on October 1, 2004.

                           PART II--DYED FUEL

SEC. 873. DYE INJECTION EQUIPMENT.

    (a) In General.--Section 4082(a)(2) (relating to exemptions for 
diesel fuel and kerosene) is amended by inserting ``by mechanical 
injection'' after ``indelibly dyed''.
    (b) Dye Injector Security.--Not later than June 30, 2004, the 
Secretary of the Treasury shall issue regulations regarding mechanical 
dye injection systems described in the amendment made by subsection 
(a), and such regulations shall include standards for making such 
systems tamper resistant.
    (c) Penalty for Tampering With or Failing To Maintain Security 
Requirements for Mechanical Dye Injection Systems.--
            (1) In general.--Part I of subchapter B of chapter 68 
        (relating to assessable penalties) is amended by adding after 
        section 6715 the following new section:

``SEC. 6715A. TAMPERING WITH OR FAILING TO MAINTAIN SECURITY 
              REQUIREMENTS FOR MECHANICAL DYE INJECTION SYSTEMS.

    ``(a) Imposition of Penalty.--
            ``(1) Tampering.--If any person tampers with a mechanical 
        dye injection system used to indelibly dye fuel for purposes of 
        section 4082, then such person shall pay a penalty in addition 
        to the tax (if any).
            ``(2) Failure to maintain security requirements.--If any 
        operator of a mechanical dye injection system used to indelibly 
        dye fuel for purposes of section 4082 fails to maintain the 
        security standards for such system as established by the 
        Secretary, then such operator shall pay a penalty.
    ``(b) Amount of Penalty.--The amount of the penalty under 
subsection (a) shall be--
            ``(1) for each violation described in paragraph (1), the 
        greater of--
                    ``(A) $25,000, or
                    ``(B) $10 for each gallon of fuel involved, and
            ``(2) for each--
                    ``(A) failure to maintain security standards 
                described in paragraph (2), $1,000, and
                    ``(B) failure to correct a violation described in 
                paragraph (2), $1,000 per day for each day after which 
                such violation was discovered or such person should 
                have reasonably known of such violation.
    ``(c) Joint and Several Liability.--
            ``(1) In general.--If a penalty is imposed under this 
        section on any business entity, each officer, employee, or 
        agent of such entity or other contracting party who willfully 
        participated in any act giving rise to such penalty shall be 
        jointly and severally liable with such entity for such penalty.
            ``(2) Affiliated groups.--If a business entity described in 
        paragraph (1) is part of an affiliated group (as defined in 
        section 1504(a)), the parent corporation of such entity shall 
        be jointly and severally liable with such entity for the 
        penalty imposed under this section.''.
            (2) Clerical amendment.--The table of sections for part I 
        of subchapter B of chapter 68 is amended by adding after the 
        item related to section 6715 the following new item:

                              ``Sec. 6715A. Tampering with or failing 
                                        to maintain security 
                                        requirements for mechanical dye 
                                        injection systems.''.
    (d) Effective Date.--The amendments made by subsections (a) and (c) 
shall take effect 180 days after the date on which the Secretary issues 
the regulations described in subsection (b).

SEC. 874. ELIMINATION OF ADMINISTRATIVE REVIEW FOR TAXABLE USE OF DYED 
              FUEL.

    (a) In General.--Section 6715 is amended by inserting at the end 
the following new subsection:
    ``(e) No Administrative Appeal for Third and Subsequent 
Violations.--In the case of any person who is found to be subject to 
the penalty under this section after a chemical analysis of such fuel 
and who has been penalized under this section at least twice after the 
date of the enactment of this subsection, no administrative appeal or 
review shall be allowed with respect to such finding except in the case 
of a claim regarding--
            ``(1) fraud or mistake in the chemical analysis, or
            ``(2) mathematical calculation of the amount of the 
        penalty.''.
    (b) Effective Date.--The amendment made by this section shall apply 
to penalties assessed after the date of the enactment of this Act.

SEC. 875. PENALTY ON UNTAXED CHEMICALLY ALTERED DYED FUEL MIXTURES.

    (a) In General.--Section 6715(a) (relating to dyed fuel sold for 
use or used in taxable use, etc.) is amended by striking ``or'' in 
paragraph (2), by inserting ``or'' at the end of paragraph (3), and by 
inserting after paragraph (3) the following new paragraph:
            ``(4) any person who has knowledge that a dyed fuel which 
        has been altered as described in paragraph (3) sells or holds 
        for sale such fuel for any use which the person knows or has 
        reason to know is not a nontaxable use of such fuel,''.
    (b) Conforming Amendment.--Section 6715(a)(3) is amended by 
striking ``alters, or attempts to alter,'' and inserting ``alters, 
chemically or otherwise, or attempts to so alter,''.
    (c) Effective Date.--The amendments made by this section shall take 
effect on the date of the enactment of this Act.

SEC. 876. TERMINATION OF DYED DIESEL USE BY INTERCITY BUSES.

    (a) In General.--Paragraph (3) of section 4082(b) (relating to 
nontaxable use) is amended to read as follows:
            ``(3) any use described in section 
        4041(a)(1)(C)(iii)(II).''.
    (b) Ultimate Vendor Refund.--Subsection (b) of section 6427 is 
amended by adding at the end the following new paragraph:
            ``(4) Refunds for use of diesel fuel in certain intercity 
        buses.--
                    ``(A) In general.--With respect to any fuel to 
                which paragraph (2)(A) applies, if the ultimate 
                purchaser of such fuel waives (at such time and in such 
                form and manner as the Secretary shall prescribe) the 
                right to payment under paragraph (1) and assigns such 
                right to the ultimate vendor, then the Secretary shall 
                pay the amount which would be paid under paragraph (1) 
                to such ultimate vendor, but only if such ultimate 
                vendor--
                            ``(i) is registered under section 4101, and
                            ``(ii) meets the requirements of 
                        subparagraph (A), (B), or (D) of section 
                        6416(a)(1).
                    ``(B) Credit cards.--For purposes of this 
                paragraph, if the sale of such fuel is made by means of 
                a credit card, the person extending credit to the 
                ultimate purchaser shall be deemed to be the ultimate 
                vendor.''.
    (c) Payment of Refunds.--Subparagraph (A) of section 6427(i)(4), as 
amended by this Act, is amended by inserting ``subsections (b)(4) and'' 
after ``filed under''.
    (d) Effective Date.--The amendments made by this section shall 
apply to fuel sold after September 30, 2004.

       PART III--MODIFICATION OF INSPECTION OF RECORDS PROVISIONS

SEC. 877. AUTHORITY TO INSPECT ON-SITE RECORDS.

    (a) In General.--Section 4083(d)(1)(A) (relating to administrative 
authority), as amended by this Act, is amended by striking ``and'' at 
the end of clause (i) and by inserting after clause (ii) the following 
new clause:
                            ``(iii) inspecting any books and records 
                        and any shipping papers pertaining to such 
                        fuel, and''.
    (b) Effective Date.--The amendments made by this section shall take 
effect on the date of the enactment of this Act.

SEC. 878. ASSESSABLE PENALTY FOR REFUSAL OF ENTRY.

    (a) In General.--Part I of subchapter B of chapter 68 (relating to 
assessable penalties), as amended by this Act, is amended by adding at 
the end the following new section:

``SEC. 6717. REFUSAL OF ENTRY.

    ``(a) In General.--In addition to any other penalty provided by 
law, any person who refuses to admit entry or refuses to permit any 
other action by the Secretary authorized by section 4083(d)(1) shall 
pay a penalty of $1,000 for such refusal.
    ``(b) Joint and Several Liability.--
            ``(1) In general.--If a penalty is imposed under this 
        section on any business entity, each officer, employee, or 
        agent of such entity or other contracting party who willfully 
        participated in any act giving rise to such penalty shall be 
        jointly and severally liable with such entity for such penalty.
            ``(2) Affiliated groups.--If a business entity described in 
        paragraph (1) is part of an affiliated group (as defined in 
        section 1504(a)), the parent corporation of such entity shall 
        be jointly and severally liable with such entity for the 
        penalty imposed under this section.
    ``(c) Reasonable Cause Exception.--No penalty shall be imposed 
under this section with respect to any failure if it is shown that such 
failure is due to reasonable cause.''.
    (b) Conforming Amendments.--
            (1) Section 4083(d)(3), as amended by this Act, is 
        amended--
                    (A) by striking ``entry.--The penalty'' and 
                inserting: ``entry.--
                    ``(A) Forfeiture.--The penalty'', and
                    (B) by adding at the end the following new 
                subparagraph:
                    ``(B) Assessable penalty.--For additional 
                assessable penalty for the refusal to admit entry or 
                other refusal to permit an action by the Secretary 
                authorized by paragraph (1), see section 6717.''.
            (2) The table of sections for part I of subchapter B of 
        chapter 68, as amended by this Act, is amended by adding at the 
        end the following new item:

                              ``Sec. 6717. Refusal of entry.''.
    (c) Effective Date.--The amendments made by this section shall take 
effect on October 1, 2004.

            PART IV--REGISTRATION AND REPORTING REQUIREMENTS

SEC. 879. REGISTRATION OF PIPELINE OR VESSEL OPERATORS REQUIRED FOR 
              EXEMPTION OF BULK TRANSFERS TO REGISTERED TERMINALS OR 
              REFINERIES.

    (a) In General.--Section 4081(a)(1)(B) (relating to exemption for 
bulk transfers to registered terminals or refineries) is amended--
            (1) by inserting ``by pipeline or vessel'' after 
        ``transferred in bulk'', and
            (2) by inserting ``, the operator of such pipeline or 
        vessel,'' after ``the taxable fuel''.
    (b) Civil Penalty for Carrying Taxable Fuels by Nonregistered 
Pipelines or Vessels.--
            (1) In general.--Part I of subchapter B of chapter 68 
        (relating to assessable penalties), as amended by this Act, is 
        amended by adding at the end the following new section:

``SEC. 6718. CARRYING TAXABLE FUELS BY NONREGISTERED PIPELINES OR 
              VESSELS.

    ``(a) Imposition of Penalty.--If any person knowingly transfers any 
taxable fuel (as defined in section 4083(a)(1)) in bulk pursuant to 
section 4081(a)(1)(B) to an unregistered, such person shall pay a 
penalty in addition to the tax (if any).
    ``(b) Amount of Penalty.--
            ``(1) In general.--Except as provided in paragraph (2), the 
        amount of the penalty under subsection (a) on each act shall be 
        an amount equal to the greater of--
                    ``(A) $10,000, or
                    ``(B) $1 per gallon.
            ``(2) Multiple violations.--In determining the penalty 
        under subsection (a) on any person, paragraph (1) shall be 
        applied by increasing the amount in paragraph (1) by the 
        product of such amount and the number of prior penalties (if 
        any) imposed by this section on such person (or a related 
        person or any predecessor of such person or related person).
    ``(c) Joint and Several Liability.--
            ``(1) In general.--If a penalty is imposed under this 
        section on any business entity, each officer, employee, or 
        agent of such entity or other contracting party who willfully 
        participated in any act giving rise to such penalty shall be 
        jointly and severally liable with such entity for such penalty.
            ``(2) Affiliated groups.--If a business entity described in 
        paragraph (1) is part of an affiliated group (as defined in 
        section 1504(a)), the parent corporation of such entity shall 
        be jointly and severally liable with such entity for the 
        penalty imposed under this section.
    ``(d) Reasonable Cause Exception.--No penalty shall be imposed 
under this section with respect to any failure if it is shown that such 
failure is due to reasonable cause.''.
            (2) Clerical amendment.--The table of sections for part I 
        of subchapter B of chapter 68, as amended by this Act, is 
        amended by adding at the end the following new item:

                              ``Sec. 6718. Carrying taxable fuels by 
                                        nonregistered pipelines or 
                                        vessels.''.
    (c) Publication of Registered Persons.--Not later than June 30, 
2004, the Secretary of the Treasury shall publish a list of persons 
required to be registered under section 4101 of the Internal Revenue 
Code of 1986.
    (d) Effective Date.--The amendments made by subsections (a) and (b) 
shall take effect on October 1, 2004.

SEC. 880. DISPLAY OF REGISTRATION.

    (a) In General.--Subsection (a) of section 4101 (relating to 
registration) is amended--
            (1) by striking ``Every'' and inserting the following:
            ``(1) In general.--Every'', and
            (2) by adding at the end the following new paragraph:
            ``(2) Display of registration.--Every operator of a vessel 
        required by the Secretary to register under this section shall 
        display proof of registration through an electronic 
        identification device prescribed by the Secretary on each 
        vessel used by such operator to transport any taxable fuel.''.
    (b) Civil Penalty for Failure to Display Registration.--
            (1) In general.--Part I of subchapter B of chapter 68 
        (relating to assessable penalties), as amended by this Act, is 
        amended by adding at the end the following new section:

``SEC. 6719. FAILURE TO DISPLAY REGISTRATION OF VESSEL.

    ``(a) Failure to Display Registration.--Every operator of a vessel 
who fails to display proof of registration pursuant to section 
4101(a)(2) shall pay a penalty of $500 for each such failure. With 
respect to any vessel, only one penalty shall be imposed by this 
section during any calendar month.
    ``(b) Multiple Violations.--In determining the penalty under 
subsection (a) on any person, subsection (a) shall be applied by 
increasing the amount in subsection (a) by the product of such amount 
and the number of prior penalties (if any) imposed by this section on 
such person (or a related person or any predecessor of such person or 
related person).
    ``(c) Reasonable Cause Exception.--No penalty shall be imposed 
under this section with respect to any failure if it is shown that such 
failure is due to reasonable cause.''.
            (2) Clerical amendment.--The table of sections for part I 
        of subchapter B of chapter 68, as amended by this Act, is 
        amended by adding at the end the following new item:

                              ``Sec. 6719. Failure to display 
                                        registration of vessel.''.
    (c) Effective Date.--The amendments made by this section shall take 
effect on October 1, 2004.

SEC. 881. REGISTRATION OF PERSONS WITHIN FOREIGN TRADE ZONES, ETC.

    (a) In General.--Section 4101(a), as amended by this Act, is 
amended by redesignating paragraph (2) as paragraph (3), and by 
inserting after paragraph (1) the following new paragraph:
            ``(2) Registration of persons within foreign trade zones, 
        etc.--The Secretary shall require registration by any person 
        which--
                    ``(A) operates a terminal or refinery within a 
                foreign trade zone or within a customs bonded storage 
                facility, or
                    ``(B) holds an inventory position with respect to a 
                taxable fuel in such a terminal.''.
    (b) Effective Date.--The amendments made by this section shall take 
effect on October 1, 2004.

SEC. 882. PENALTIES FOR FAILURE TO REGISTER AND FAILURE TO REPORT.

    (a) Increased Penalty.--Subsection (a) of section 7272 (relating to 
penalty for failure to register) is amended by inserting ``($10,000 in 
the case of a failure to register under section 4101)'' after ``$50''.
    (b) Increased Criminal Penalty.--Section 7232 (relating to failure 
to register under section 4101, false representations of registration 
status, etc.) is amended by striking ``$5,000'' and inserting 
``$10,000''.
    (c) Assessable Penalty for Failure to Register.--
            (1) In general.--Part I of subchapter B of chapter 68 
        (relating to assessable penalties), as amended by this Act, is 
        amended by adding at the end the following new section:

``SEC. 6720. FAILURE TO REGISTER.

    ``(a) Failure to Register.--Every person who is required to 
register under section 4101 and fails to do so shall pay a penalty in 
addition to the tax (if any).
    ``(b) Amount of Penalty.--The amount of the penalty under 
subsection (a) shall be--
            ``(1) $10,000 for each initial failure to register, and
            ``(2) $1,000 for each day thereafter such person fails to 
        register.
    ``(c) Reasonable Cause Exception.--No penalty shall be imposed 
under this section with respect to any failure if it is shown that such 
failure is due to reasonable cause.''.
            (2) Clerical amendment.--The table of sections for part I 
        of subchapter B of chapter 68, as amended by this Act, is 
        amended by adding at the end the following new item:

                              ``Sec. 6720. Failure to register.''.
    (d) Assessable Penalty for Failure to Report.--
            (1) In general.--Part II of subchapter B of chapter 68 
        (relating to assessable penalties) is amended by adding at the 
        end the following new section:

``SEC. 6725. FAILURE TO REPORT INFORMATION UNDER SECTION 4101.

    ``(a) In General.--In the case of each failure described in 
subsection (b) by any person with respect to a vessel or facility, such 
person shall pay a penalty of $10,000 in addition to the tax (if any).
    ``(b) Failures Subject to Penalty.--For purposes of subsection (a), 
the failures described in this subsection are--
            ``(1) any failure to make a report under section 4101(d) on 
        or before the date prescribed therefor, and
            ``(2) any failure to include all of the information 
        required to be shown on such report or the inclusion of 
        incorrect information.
    ``(c) Reasonable Cause Exception.--No penalty shall be imposed 
under this section with respect to any failure if it is shown that such 
failure is due to reasonable cause.''.
            (2) Clerical amendment.--The table of sections for part II 
        of subchapter B of chapter 68 is amended by adding at the end 
        the following new item:

                              ``Sec. 6725. Failure to report 
                                        information under section 
                                        4101.''.
    (e) Effective Date.--The amendments made by this section shall 
apply to failures pending or occurring after September 30, 2004.

SEC. 883. INFORMATION REPORTING FOR PERSONS CLAIMING CERTAIN TAX 
              BENEFITS.

    (a) In General.--Subpart C of part III of subchapter A of chapter 
32 is amended by adding at the end the following new section:

``SEC. 4104. INFORMATION REPORTING FOR PERSONS CLAIMING CERTAIN TAX 
              BENEFITS.

    ``(a) In General.--The Secretary shall require any person claiming 
tax benefits--
            ``(1) under the provisions of section 34, 40, and 40B to 
        file a return at the time such person claims such benefits (in 
        such manner as the Secretary may prescribe), and
            ``(2) under the provisions of section 4041(b)(2), 6426, or 
        6427(e) to file a monthly return (in such manner as the 
        Secretary may prescribe).
    ``(b) Contents of Return.--Any return filed under this section 
shall provide such information relating to such benefits and the 
coordination of such benefits as the Secretary may require to ensure 
the proper administration and use of such benefits.
    ``(c) Enforcement.--With respect to any person described in 
subsection (a) and subject to registration requirements under this 
title, rules similar to rules of section 4222(c) shall apply with 
respect to any requirement under this section.''.
    (b) Conforming Amendment.--The table of sections for subpart C of 
part III of subchapter A of chapter 32 is amended by adding at the end 
the following new item:

        ``Sec. 4104. Information reporting for persons claiming certain 
                            tax benefits.''.
    (c) Effective Date.--The amendments made by this section shall take 
effect on October 1, 2004.

                            PART V--IMPORTS

SEC. 884. TAX AT POINT OF ENTRY WHERE IMPORTER NOT REGISTERED.

    (a) Tax at Point of Entry Where Importer Not Registered.--
            (1) In general.--Subpart C of part III of subchapter A of 
        chapter 31, as amended by this Act, is amended by adding at the 
        end the following new section:

``SEC. 4105. TAX AT ENTRY WHERE IMPORTER NOT REGISTERED.

    ``(a) In General.--Any tax imposed under this part on any person 
not registered under section 4101 for the entry of a fuel into the 
United States shall be imposed at the time and point of entry.
    ``(b) Enforcement of Assessment.--If any person liable for any tax 
described under subsection (a) has not paid the tax or posted a bond, 
the Secretary may--
            ``(1) seize the fuel on which the tax is due, or
            ``(2) detain any vehicle transporting such fuel,
until such tax is paid or such bond is filed.
    ``(c) Levy of Fuel.--If no tax has been paid or no bond has been 
filed within 5 days from the date the Secretary seized fuel pursuant to 
subsection (b), the Secretary may sell such fuel as provided under 
section 6336.''.
            (2) Conforming amendment.--The table of sections for 
        subpart C of part III of subchapter A of chapter 31 of the 
        Internal Revenue Code of 1986, as amended by section 5245 of 
        this Act, is amended by adding after the last item the 
        following new item:

                              ``Sec. 4105. Tax at entry where importer 
                                        not registered.''.
    (b) Denial of Entry Where Tax Not Paid.--The Secretary of Homeland 
Security is authorized to deny entry into the United States of any 
shipment of a fuel which is taxable under section 4081 of the Internal 
Revenue Code of 1986 if the person entering such shipment fails to pay 
the tax imposed under such section or post a bond in accordance with 
the provisions of section 4105 of such Code.
    (c) Effective Date.--The amendments made by this section shall take 
effect on the date of the enactment of this Act.

SEC. 885. RECONCILIATION OF ON-LOADED CARGO TO ENTERED CARGO.

    (a) In General.--Subsection (a) of section 343 of the Trade Act of 
2002 is amended by inserting at the end the following new paragraph:
            ``(4) In General.--Subject to paragraphs (2) and (3), not 
        later than 1 year after the enactment of this paragraph, the 
        Secretary of Homeland Security, together with the Secretary of 
        the Treasury, shall promulgate regulations providing for the 
        transmission to the Internal Revenue Service, through an 
        electronic data interchange system, of information pertaining 
        to cargo of taxable fuels (as defined in section 4083 of the 
        Internal Revenue Code of 1986) destined for importation into 
        the United States prior to such importation.''.
    (b) Effective Date.--The amendment made by this section shall take 
effect on the date of the enactment of this Act.

                   PART VI--MISCELLANEOUS PROVISIONS

SEC. 886. TAX ON SALE OF DIESEL FUEL WHETHER SUITABLE FOR USE OR NOT IN 
              A DIESEL-POWERED VEHICLE OR TRAIN.

    (a) In General.--Section 4083(a)(3) is amended--
            (1) by striking ``The term'' and inserting the following:
                    ``(A) In general.--The term'', and
            (2) by inserting at the end the following new subparagraph:
                    ``(B) Liquid sold as diesel fuel.--The term `diesel 
                fuel' includes any liquid which is sold as or offered 
                for sale as a fuel in a diesel-powered highway vehicle 
                or a diesel-powered train.''.
    (b) Conforming Amendments.--
            (1) Section 40B(b)(1)(B), as added by this Act, is amended 
        by striking ``4083(a)(3)'' and inserting ``4083(a)(3)(A)''.
            (2) Section 6426(c)(3), as added by this Act, is amended by 
        striking ``4083(a)(3)'' and inserting ``4083(a)(3)(A)''.
    (c) Effective Date.--The amendments made by this section shall take 
effect on the date of the enactment of this Act.

SEC. 887. MODIFICATION OF ULTIMATE VENDOR REFUND CLAIMS WITH RESPECT TO 
              FARMING.

    (a) In General.--
            (1) Refunds.--Section 6427(l) is amended by adding at the 
        end the following new paragraph:
            ``(6) Registered vendors permitted to administer certain 
        claims for refund of diesel fuel and kerosene sold to 
        farmers.--
                    ``(A) In general.--In the case of diesel fuel or 
                kerosene used on a farm for farming purposes (within 
                the meaning of section 6420(c)), paragraph (1) shall 
                not apply to the aggregate amount of such diesel fuel 
                or kerosene if such amount does not exceed 500 gallons 
                (as determined under subsection (i)(5)(A)(iii)).
                    ``(B) Payment to ultimate vendor.--The amount which 
                would (but for subparagraph (A)) have been paid under 
                paragraph (1) with respect to any fuel shall be paid to 
                the ultimate vendor of such fuel, if such vendor--
                            ``(i) is registered under section 4101, and
                            ``(ii) meets the requirements of 
                        subparagraph (A), (B), or (D) of section 
                        6416(a)(1).''.
            (2) Filing of claims.--Section 6427(i) is amended by 
        inserting at the end the following new paragraph:
            ``(5) Special rule for vendor refunds with respect to 
        farmers.--
                    ``(A) In general.--A claim may be filed under 
                subsection (l)(6) by any person with respect to fuel 
                sold by such person for any period--
                            ``(i) for which $200 or more ($100 or more 
                        in the case of kerosene) is payable under 
                        subsection (l)(6),
                            ``(ii) which is not less than 1 week, and
                            ``(iii) which is for not more than 500 
                        gallons for each farmer for which there is a 
                        claim.
                Notwithstanding subsection (l)(1), paragraph (3)(B) 
                shall apply to claims filed under the preceding 
                sentence.
                    ``(B) Time for filing claim.--No claim filed under 
                this paragraph shall be allowed unless filed on or 
                before the last day of the first quarter following the 
                earliest quarter included in the claim.''.
            (3) Conforming amendments.--
                    (A) Section 6427(l)(5)(A) is amended to read as 
                follows:
                    ``(A) In general.--Paragraph (1) shall not apply to 
                diesel fuel or kerosene used by a State or local 
                government.''.
                    (B) The heading for section 6427(l)(5) is amended 
                by striking ``farmers and''.
    (b) Effective Date.--The amendment made by this section shall apply 
to fuels sold for nontaxable use after the date of the enactment of 
this Act.

SEC. 888. TAXABLE FUEL REFUNDS FOR CERTAIN ULTIMATE VENDORS.

    (a) In General.--Paragraph (4) of section 6416(a) (relating to 
abatements, credits, and refunds) is amended to read as follows:
            ``(4) Registered ultimate vendor to administer credits and 
        refunds of gasoline tax.--
                    ``(A) In general.--For purposes of this subsection, 
                if an ultimate vendor purchases any gasoline on which 
                tax imposed by section 4081 has been paid and sells 
                such gasoline to an ultimate purchaser described in 
                subparagraph (C) or (D) of subsection (b)(2) (and such 
                gasoline is for a use described in such subparagraph), 
                such ultimate vendor shall be treated as the person 
                (and the only person) who paid such tax, but only if 
                such ultimate vendor is registered under section 4101. 
                For purposes of this subparagraph, if the sale of 
                gasoline is made by means of a credit card, the person 
                extending the credit to the ultimate purchaser shall be 
                deemed to be the ultimate vendor.
                    ``(B) Timing of claims.--The procedure and timing 
                of any claim under subparagraph (A) shall be the same 
                as for claims under section 6427(i)(4), except that the 
                rules of section 6427(i)(3)(B) regarding electronic 
                claims shall not apply unless the ultimate vendor has 
                certified to the Secretary for the most recent quarter 
                of the taxable year that all ultimate purchasers of the 
                vendor are certified and entitled to a refund under 
                subparagraph (C) or (D) of subsection (b)(2).''.
    (b) Credit Card Purchases of Diesel Fuel or Kerosene by State and 
Local Governments.--Section 6427(l)(5)(C) (relating to nontaxable uses 
of diesel fuel, kerosene, and aviation fuel), as amended by this Act, 
is amended by adding at the end the following new sentence: ``For 
purposes of this subparagraph, if the sale of diesel fuel or kerosene 
is made by means of a credit card, the person extending the credit to 
the ultimate purchaser shall be deemed to be the ultimate vendor.''.
    (c) Effective Date.--The amendments made by this section shall take 
effect on October 1, 2004.

SEC. 889. TWO-PARTY EXCHANGES.

    (a) In General.--Subpart C of part III of subchapter A of chapter 
32, as amended by this Act, is amended by adding at the end the 
following new section:

``SEC. 4106. TWO-PARTY EXCHANGES.

    ``(a) In General.--In a two-party exchange, the delivering person 
shall not be liable for the tax imposed under of section 
4081(a)(1)(A)(ii).
    ``(b) Two-Party Exchange.--The term `two-party exchange' means a 
transaction, other than a sale, in which taxable fuel is transferred 
from a delivering person registered under section 4101 as a taxable 
fuel registrant to a receiving person who is so registered where all of 
the following occur:
            ``(1) The transaction includes a transfer from the 
        delivering person, who holds the inventory position for taxable 
        fuel in the terminal as reflected in the records of the 
        terminal operator.
            ``(2) The exchange transaction occurs before or 
        contemporaneous with completion of removal across the rack from 
        the terminal by the receiving person.
            ``(3) The terminal operator in its books and records treats 
        the receiving person as the person that removes the product 
        across the terminal rack for purposes of reporting the 
        transaction to the Secretary.
            ``(4) The transaction is the subject of a written 
        contract.''.
    (b) Conforming Amendment.--The table of sections for subpart C of 
part III of subchapter A of chapter 32, as amended by of this Act, is 
amended by adding after the last item the following new item:

                              ``Sec. 4106. Two-party exchanges.''.
    (c) Effective Date.--The amendment made by this section shall take 
effect on the date of the enactment of this Act.

SEC. 890. MODIFICATIONS OF TAX ON USE OF CERTAIN VEHICLES.

    (a) No Proration of Tax Unless Vehicle Is Destroyed or Stolen.--
            (1) In general.--Section 4481(c) (relating to proration of 
        tax) is amended to read as follows:
    ``(c) Proration of Tax Where Vehicle Sold, Destroyed, or Stolen.--
            ``(1) In general.--If in any taxable period a highway motor 
        vehicle is sold, destroyed, or stolen before the first day of 
        the last month in such period and not subsequently used during 
        such taxable period, the tax shall be reckoned proportionately 
        from the first day of the month in such period in which the 
        first use of such highway motor vehicle occurs to and including 
        the last day of the month in which such highway motor vehicle 
        was sold, destroyed, or stolen.
            ``(2) Destroyed.--For purposes of paragraph (1), a highway 
        motor vehicle is destroyed if such vehicle is damaged by reason 
        of an accident or other casualty to such an extent that it is 
        not economic to rebuild.''.
            (2) Conforming amendments.--
                    (A) Section 6156 (relating to installment payment 
                of tax on use of highway motor vehicles) is repealed.
                    (B) The table of sections for subchapter A of 
                chapter 62 is amended by striking the item relating to 
                section 6156.
    (b) Display of Tax Certificate.--Paragraph (2) of section 4481(d) 
(relating to one tax liability for period) is amended to read as 
follows:
            ``(2) Display of tax certificate.--Under regulations by the 
        Secretary, every taxpayer which pays the tax imposed under this 
        section with respect to a highway motor vehicle shall, not 
        later than 1 month after the due date of the return of tax with 
        respect to each taxable period, receive and display on such 
        vehicle an electronic identification device prescribed by the 
        Secretary.''.
    (c) Electronic filing.--Section 4481, is amended by redesignating 
subsection (e) as subsection (f) and by inserting after subsection (d) 
the following new subsection:
    ``(e) Electronic filing.--Any taxpayer who files a return under 
this section with respect to 25 or more vehicles for any taxable period 
shall file such return electronically.''.
    (d) Repeal of reduction in tax for certain trucks.--Section 4483 of 
the Internal Revenue Code of 1986 is amended by striking subsection 
(f).
    (e) Effective Dates.--
            (1) In general.--Except as provided in paragraph (2), the 
        amendments made by this section shall apply to taxable periods 
        beginning after the date of the enactment of this Act.
            (2) Regulations regarding display of tax certificate.--The 
        Secretary of the Treasury shall issue regulations required 
        under section 4481(d)(2) of the Internal Revenue Code of 1986 
        (as added by subsection (b)) not later than October 1, 2005.

SEC. 891. DEDICATION OF REVENUES FROM CERTAIN PENALTIES TO THE HIGHWAY 
              TRUST FUND.

    (a) In General.--Subsection (b) of section 9503 (relating to 
transfer to Highway Trust Fund of amounts equivalent to certain taxes), 
is amended by redesignating paragraph (5) as paragraph (6) and 
inserting after paragraph (4) the following new paragraph:
            ``(5) Certain penalties.--There are hereby appropriated to 
        the Highway Trust Fund amounts equivalent to the penalties 
        assessed under sections 6715, 6715A, 6717, 6718, 6719, 6720, 
        6725, 7232, and 7272 (but only with regard to penalties under 
        such section related to failure to register under section 
        4101).''.
    (b) Conforming Amendments.--
            (1) The heading of subsection (b) of section 9503 is 
        amended by inserting ``and Penalties'' after ``Taxes''.
            (2) The heading of paragraph (1) of section 9503(b) is 
        amended by striking ``In general'' and inserting ``Certain 
        taxes''.
    (c) Effective Date.--The amendments made by this section shall 
apply to penalties assessed after October 1, 2004.

SEC. 892. NONAPPLICATION OF EXPORT EXEMPTION TO DELIVERY OF FUEL TO 
              MOTOR VEHICLES REMOVED FROM UNITED STATES.

    (a) In General.--Section 4221(d)(2) (defining export) is amended by 
adding at the end the following new sentence: ``Such term does not 
include the delivery of a taxable fuel (as defined in section 
4083(a)(1)) into a fuel tank of a motor vehicle which is shipped or 
driven out of the United States.''.
    (b) Conforming Amendments.--
            (1) Section 4041(g) (relating to other exemptions) is 
        amended by adding at the end the following new sentence: 
        ``Paragraph (3) shall not apply to the sale for delivery of a 
        liquid into a fuel tank of a motor vehicle which is shipped or 
        driven out of the United States.''.
            (2) Clause (iv) of section 4081(a)(1)(A) (relating to tax 
        on removal, entry, or sale) is amended by inserting ``or at a 
        duty-free sales enterprise (as defined in section 555(b)(8) of 
        the Tariff Act of 1930)'' after ``section 4101''.
    (c) Effective Date.--The amendments made by this section shall 
apply to sales or deliveries made after the date of the enactment of 
this Act.

                     PART VII--TOTAL ACCOUNTABILITY

SEC. 893. TOTAL ACCOUNTABILITY.

    (a) Taxation of Reportable Liquids.--
            (1) In general.--Section 4081(a), as amended by this Act, 
        is amended--
                    (A) by inserting ``or reportable liquid'' after 
                ``taxable fuel'' each place it appears, and
                    (B) by inserting ``such liquid'' after ``such 
                fuel'' in paragraph (1)(A)(iv).
            (2) Rate of tax.--Subparagraph (A) of section 4081(a)(2), 
        as amended by this Act, is amended by striking ``and'' at the 
        end of clause (iii), by striking the period at the end of 
        clause (iv) and inserting ``, and'', and by adding at the end 
        the following new clause:
                            ``(v) in the case of reportable liquids, 
                        the rate determined under section 
                        4083(c)(2).''.
            (3) Exemption.--Section 4081(a)(1) is amended by adding at 
        the end the following new subparagraph:
                    ``(C) Exemption for registered transfers of 
                reportable liquids.--The tax imposed by this paragraph 
                shall not apply to any removal, entry, or sale of a 
                reportable liquid if--
                            ``(i) such removal, entry, or sale is to a 
                        registered person who certifies that such 
                        liquid will not be used as a fuel or in the 
                        production of a fuel, or
                            ``(ii) the sale is to the ultimate 
                        purchaser of such liquid.''.
            (4) Reportable liquids.--Section 4083, as amended by this 
        Act, is amended by redesignating subsections (c) and (d) (as 
        redesignated by this Act) as subsections (d) and (e), 
        respectively, and by inserting after subsection (b) the 
        following new section:
    ``(c) Reportable liquid.--For purposes of this subpart--
            ``(1) In general.--The term `reportable liquid' means any 
        petroleum-based liquid other than a taxable fuel.
            ``(2) Taxation.--
                    ``(A) Gasoline blend stocks and additives.--
                Gasoline blend stocks and additives which are 
                reportable liquids (as defined in paragraph (1)) shall 
                be subject to the rate of tax under clause (i) of 
                section 4081(a)(2)(A).
                    ``(B) Other reportable liquids.--Any reportable 
                liquid (as defined in paragraph (1)) not described in 
                subparagraph (A) shall be subject to the rate of tax 
                under clause (iii) of section 4081(a)(2)(A).''.
            (5) Conforming amendments.--
                    (A) Section 4081(e) is amended by inserting ``or 
                reportable liquid'' after ``taxable fuel''.
                    (B) Section 4083(d) (relating to certain use 
                defined as removal), as redesignated by paragraph (4), 
                is amended by inserting ``or reportable liquid'' after 
                ``taxable fuel''.
                    (C) Section 4083(e)(1) (relating to administrative 
                authority), as redesignated by paragraph (4), is 
                amended--
                            (i) in subparagraph (A)--
                                    (I) by inserting ``or reportable 
                                liquid'' after ``taxable fuel'', and
                                    (II) by inserting ``or such 
                                liquid'' after ``such fuel'' each place 
                                it appears, and
                            (ii) in subparagraph (B), by inserting ``or 
                        any reportable liquid'' after ``any taxable 
                        fuel''.
                    (D) Section 4101(a)(2), as added by this Act, is 
                amended by inserting ``or a reportable liquid'' after 
                ``taxable fuel''.
                    (E) Section 4101(a)(3), as added and redesignated 
                by this Act, is amended by inserting ``or any 
                reportable liquid'' before the period at the end.
                    (F) Section 4102 is amended by inserting ``or any 
                reportable liquid'' before the period at the end.
                    (G)(i) Section 6718, as added by this Act, is 
                amended--
                            (I) in subsection (a), by inserting ``or 
                        any reportable liquid (as defined in section 
                        4083(c)(1))'' after ``section 4083(a)(1))'', 
                        and
                            (II) in the heading, by inserting ``or 
                        reportable liquids'' after ``taxable fuel''.
                    (ii) The item relating to section 6718 in table of 
                sections for part I of subchapter B of chapter 68, as 
                added by this Act, is amended by inserting ``or 
                reportable liquids'' after ``taxable fuels''.
                    (H) Section 6427(h) is amended to read as follows:
    ``(h) Gasoline Blend Stocks or Additives and Reportable Liquids.--
Except as provided in subsection (k)--
            ``(1) if any gasoline blend stock or additive (within the 
        meaning of section 4083(a)(2)) is not used by any person to 
        produce gasoline and such person establishes that the ultimate 
        use of such gasoline blend stock or additive is not to produce 
        gasoline, or
            ``(2) if any reportable liquid (within the meaning of 
        section 4083(c)(1)) is not used by any person to produce a 
        taxable fuel and such person establishes that the ultimate use 
        of such reportable liquid is not to produce a taxable fuel,
then the Secretary shall pay (without interest) to such person an 
amount equal to the aggregate amount of the tax imposed on such person 
with respect to such gasoline blend stock or additive or such 
reportable liquid.''.
                    (I) Section 7232, as amended by this Act, is 
                amended by inserting ``or reportable liquid (within the 
                meaning of section 4083(c)(1))'' after ``section 
                4083)''.
                    (J) Section 343 of the Trade Act of 2002, as 
                amended by this Act, is amended by inserting ``and 
                reportable liquids (as defined in section 4083(c)(1) of 
                such Code)'' after ``Internal Revenue Code of 1986)''.
    (b) Dyed Diesel.--Section 4082(a) is amended by striking ``and'' at 
the end of paragraph (2), by striking the period at the end of 
paragraph (3) and inserting ``and'', and by inserting after paragraph 
(3) the following new paragraph:
            ``(4) which is removed, entered, or sold by a person 
        registered under section 4101.''.
    (c) Effective Date.--The amendments made by this section shall 
apply to reportable liquids (as defined in section 4083(c) of the 
Internal Revenue Code) and fuel sold or used after September 30, 2004.

SEC. 894. EXCISE TAX REPORTING.

    (a) In General.--Part II of subchapter A of chapter 61 is amended 
by adding at the end the following new subpart:

                   ``subpart e--excise tax reporting

``SEC. 6025. RETURNS RELATING TO FUEL TAXES.

    ``(a) In General.--The Secretary shall require any person liable 
for the tax imposed under Part III of subchapter A of chapter 32 to 
file a return of such tax on a monthly basis. Not earlier than January 
1, 2005, such filings shall be in electronic form as prescribed by the 
Secretary.
    ``(b) Information Included with Return.--The Secretary shall 
require any person filing a return under subsection (a) to provide 
information regarding any refined product (whether or not such product 
is taxable under this title) removed from a terminal during the period 
for which such return applies.''.
    (b) Conforming Amendment.--The table of parts for subchapter A of 
chapter 61 is amended by adding at the end the following new item:

                              ``Subpart E--Excise Tax Reporting''.
    (c) Effective Date.--The amendments made by this section shall 
apply to fuel sold or used after September 30, 2004.

SEC. 895. INFORMATION REPORTING.

    (a) In General.--Section 4101(d) is amended by adding at the end 
the following new flush sentence:
``The Secretary shall require reporting under the previous sentence 
with respect to taxable fuels removed, entered, or transferred from any 
refinery, pipeline, or vessel which is registered under this section. 
Any person who is required to report under this subsection and who has 
25 or more reportable transactions in a month shall file such report in 
electronic format.''.
    (b) Effective Date.--The amendment made by this section shall apply 
on October 1, 2004.

                      Subtitle I--Mobile Machinery

SEC. 896. TREATMENT OF MOBILE MACHINERY.

    (a) Treatment of Mobile Machinery as Highway Vehicle.--
            (1) In general.--Section 7701(a) (relating to definitions) 
        is amended by adding at the end the following new paragraph:
            ``(48) Treatment of mobile machinery as highway vehicle.--
                    ``(A) In general.--A vehicle described in 
                subparagraph (B) shall be treated as a highway vehicle.
                    ``(B) Mobile machinery.--A vehicle is described in 
                this subparagraph if such vehicle consists of a 
                chassis--
                            ``(i) to which there has been permanently 
                        mounted (by welding, bolting, riveting, or 
                        other means) machinery or equipment to perform 
                        a construction, manufacturing, processing, 
                        farming, mining, drilling, timbering, or 
                        similar operation if the operation of the 
                        machinery or equipment is unrelated to 
                        transportation on or off the public highways,
                            ``(ii) which has been specially designed to 
                        serve only as a mobile carriage and mount (and 
                        a power source, where applicable) for the 
                        particular machinery or equipment involved, 
                        whether or not such machinery or equipment is 
                        in operation, and
                            ``(iii) which, by reason of such special 
                        design, could not, without substantial 
                        structural modification, be used as a component 
                        of a vehicle designed to perform a function of 
                        transporting any load other than that 
                        particular machinery or equipment or similar 
                        machinery or equipment requiring such a 
                        specially designed chassis.''.
            (2) Effective date.--The amendment made by this subsection 
        shall take effect on the day after the date of the enactment of 
        this Act.
    (b) Eligibility for Refund in Case of Limited Use of Vehicle on 
Highways.--
            (1) Retail sales and tire taxes.--
                    (A) In general.--Section 6416(b) (relating to 
                special cases in which tax payments considered 
                overpayments) is amended by adding at the end the 
                following new paragraph:
            ``(7) Mobile machinery.--
                    ``(A) In general.--If the tax imposed by section 
                4051 or 4071 has been paid with respect to any vehicle 
                described in section 7701(a)(48)(B) which meets the 
                use-based test for each of the first 2 12-month periods 
                after such payment, 50 percent of such tax shall be 
                considered an overpayment for each such period.
                    ``(B) Use-based test.--For purposes of subparagraph 
                (A), the use-based test is met if the use of the 
                vehicle on public highways was less than 5,000 miles 
                during any 12-month period.
                    ``(C) Special rule for use by certain tax-exempt 
                organizations.--For purposes of subparagraph (A), the 
                use-based test shall be determined without regard to 
                any use in a vehicle by an organization which is 
                described in section 501(c) and exempt from tax under 
                section 501(a).''.
                    (B) Effective date.--The amendment made by this 
                paragraph shall take effect on the day after the date 
                of the enactment of this Act.
            (2) Fuel Taxes.--
                    (A) In general.--Section 6421(e)(2) (defining off-
                highway business use) is amended by adding at the end 
                the following new subparagraph:
                    ``(C) Uses in mobile machinery.--
                            ``(i) In general.--The term `off-highway 
                        business use' shall include any use in a 
                        vehicle described in section 7701(a)(48)(B) 
                        which meets the use-based test.
                            ``(ii) Use-based test.--For purposes of 
                        clause (i), the use-based test is met if the 
                        use of the vehicle on public highways was less 
                        than 5,000 miles during the taxpayer's taxable 
                        year.
                            ``(iii) Special rule for use by certain 
                        tax-exempt organizations.--For purposes of 
                        clause (i), the use-based test shall be 
                        determined without regard to any use in a 
                        vehicle by an organization which is described 
                        in section 501(c) and exempt from tax under 
                        section 501(a).''.
                    (B) Annual refund of tax paid.--Section 6427(i)(2) 
                (relating to exceptions) is amended by adding at the 
                end the following new subparagraph:
                    ``(C) Nonapplication of paragraph.--This paragraph 
                shall not apply to any fuel used in any off-highway 
                business use described in section 6421(e)(2)(C).''.
                    (C) Effective date.--The amendments made by this 
                paragraph shall apply to taxable years beginning after 
                the date of the enactment of this Act.
            (3) Conforming amendment for tax-exempt users with respect 
        to use tax.--
                    (A) In general.--Section 4483(d)(1) (relating to 
                suspension of tax) is amended by adding at the end the 
                following new subparagraph:
                    ``(C) Special rule for use by certain tax-exempt 
                organizations.--Subparagraph (A) shall be determined 
                without regard to any use in a vehicle by an 
                organization which is described in section 501(c) and 
                exempt from tax under section 501(a).''.
                    (B) Effective date.--The amendment made by this 
                paragraph shall take effect on the day after the date 
                of the enactment of this Act.

                   Subtitle J--Additional Provisions

SEC. 897. STUDY OF EFFECTIVENESS OF CERTAIN PROVISIONS BY GAO.

    (a) Study.--The Comptroller General of the United States shall 
undertake an ongoing analysis of--
            (1) the effectiveness of the alternative motor vehicles and 
        fuel incentives provisions under subtitle B and the 
        conservation and energy efficiency provisions under subtitle C, 
        and
            (2) the recipients of the tax benefits contained in such 
        provisions, including an identification of such recipients by 
        income and other appropriate measurements.
Such analysis shall quantify the effectiveness of such provisions by 
examining and comparing the Federal Government's forgone revenue to the 
aggregate amount of energy actually conserved and tangible 
environmental benefits gained as a result of such provisions.
    (b) Reports.--The Comptroller General of the United States shall 
report the analysis required under subsection (a) to Congress not later 
than December 31, 2004, and annually thereafter.

SEC. 898. REPEAL OF 4.3-CENT MOTOR FUEL EXCISE TAXES ON RAILROADS AND 
              INLAND WATERWAY TRANSPORTATION WHICH REMAIN IN GENERAL 
              FUND.

    (a) Taxes on Trains.--
            (1) In general.--Subparagraph (A) of section 4041(a)(1) is 
        amended by striking ``or a diesel-powered train'' each place it 
        appears and by striking ``or train''.
            (2) Conforming amendments.--
                    (A) Subparagraph (C) of section 4041(a)(1) is 
                amended by striking clause (ii) and by redesignating 
                clause (iii) as clause (ii).
                    (B) Subparagraph (C) of section 4041(b)(1) is 
                amended by striking all that follows ``section 
                6421(e)(2)'' and inserting a period.
                    (C) Subsection (d) of section 4041 is amended by 
                redesignating paragraph (3) as paragraph (4) and by 
                inserting after paragraph (2) the following new 
                paragraph:
            ``(3) Diesel fuel used in trains.--There is hereby imposed 
        a tax of 0.1 cent per gallon on any liquid other than gasoline 
        (as defined in section 4083)--
                    ``(A) sold by any person to an owner, lessee, or 
                other operator of a diesel-powered train for use as a 
                fuel in such train, or
                    ``(B) used by any person as a fuel in a diesel-
                powered train unless there was a taxable sale of such 
                fuel under subparagraph (A).
        No tax shall be imposed by this paragraph on the sale or use of 
        any liquid if tax was imposed on such liquid under section 
        4081.''
                    (D) Subsection (f) of section 4082 is amended by 
                striking ``section 4041(a)(1)'' and inserting 
                ``subsections (d)(3) and (a)(1) of section 4041, 
                respectively''.
                    (E) Paragraph (3) of section 4083(a) is amended by 
                striking ``or a diesel-powered train''.
                    (F) Paragraph (3) of section 6421(f) is amended to 
                read as follows:
            ``(3) Gasoline used in trains.--In the case of gasoline 
        used as a fuel in a train, this section shall not apply with 
        respect to the Leaking Underground Storage Tank Trust Fund 
        financing rate under section 4081.''
                    (G) Paragraph (3) of section 6427(l) is amended to 
                read as follows:
            ``(3) Refund of certain taxes on fuel used in diesel-
        powered trains.--For purposes of this subsection, the term 
        `nontaxable use' includes fuel used in a diesel-powered train. 
        The preceding sentence shall not apply to the tax imposed by 
        section 4041(d) and the Leaking Underground Storage Tank Trust 
        Fund financing rate under section 4081 except with respect to 
        fuel sold for exclusive use by a State or any political 
        subdivision thereof.''
    (b) Fuel Used on Inland Waterways.--
            (1) In general.--Paragraph (1) of section 4042(b) is 
        amended by adding ``and'' at the end of subparagraph (A), by 
        striking ``, and'' at the end of subparagraph (B) and inserting 
        a period, and by striking subparagraph (C).
            (2) Conforming amendment.--Paragraph (2) of section 4042(b) 
        is amended by striking subparagraph (C).
    (c) Effective Date.--The amendments made by this section shall take 
effect on October 1, 2004.

SEC. 899. DISTRIBUTIONS FROM PUBLICLY TRADED PARTNERSHIPS TREATED AS 
              QUALIFYING INCOME OF REGULATED INVESTMENT COMPANIES.

    (a) In General.--Paragraph (2) of section 851(b) (defining 
regulated investment company) is amended to read as follows:
            ``(2) at least 90 percent of its gross income is derived 
        from--
                    ``(A) dividends, interest, payments with respect to 
                securities loans (as defined in section 512(a)(5)), and 
                gains from the sale or other disposition of stock or 
                securities (as defined in section 2(a)(36) of the 
                Investment Company Act of 1940, as amended) or foreign 
                currencies, or other income (including but not limited 
                to gains from options, futures or forward contracts) 
                derived with respect to its business of investing in 
                such stock, securities, or currencies, and
                    ``(B) distributions or other income derived from an 
                interest in a qualified publicly traded partnership (as 
                defined in subsection (h)); and''
    (b) Source Flow-Through Rule Not To Apply.--The last sentence of 
section 851(b) is amended by inserting ``(other than a qualified 
publicly traded partnership as defined in subsection (h))'' after 
``derived from a partnership''.
    (c) Limitation on Ownership.--Subsection (c) of section 851 is 
amended by redesignating paragraph (5) as paragraph (6) and inserting 
after paragraph (4) the following new paragraph:
            ``(5) The term `outstanding voting securities of such 
        issuer' shall include the equity securities of a qualified 
        publicly traded partnership (as defined in subsection (h)).''.
    (d) Definition of Qualified Publicly Traded Partnership.--Section 
851 is amended by adding at the end the following new subsection:
    ``(h) Qualified Publicly Traded Partnership.--For purposes of this 
section, the term `qualified publicly traded partnership' means a 
publicly traded partnership described in section 7704(b) other than a 
partnership which would satisfy the gross income requirements of 
section 7704(c)(2) if qualifying income included only income described 
in subsection (b)(2)(A).''.
    (e) Definition of Qualifying Income.--Section 7704(d)(4) is amended 
by striking ``section 851(b)(2)'' and inserting ``section 
851(b)(2)(A)''.
    (f) Limitation on Composition of Assets.--Subparagraph (B) of 
section 851(b)(3) is amended to read as follows:
                    ``(B) not more than 25 percent of the value of its 
                total assets is invested in--
                            ``(i) the securities (other than Government 
                        securities or the securities of other regulated 
                        investment companies) of any one issuer,
                            ``(ii) the securities (other than the 
                        securities of other regulated investment 
                        companies) of two or more issuers which the 
                        taxpayer controls and which are determined, 
                        under regulations prescribed by the Secretary, 
                        to be engaged in the same or similar trades or 
                        businesses or related trades or businesses, or
                            ``(iii) the securities of one or more 
                        qualified publicly traded partnerships (as 
                        defined in subsection (h)).''.
    (g) Application of Special Passive Activity Rule to Regulated 
Investment Companies.--Subsection (k) of section 469 (relating to 
separate application of section in case of publicly traded 
partnerships) is amended by adding at the end the following new 
paragraph:
            ``(4) Application to regulated investment companies.--For 
        purposes of this section, a regulated investment company (as 
        defined in section 851) holding an interest in a qualified 
        publicly traded partnership (as defined in section 851(h)) 
        shall be treated as a taxpayer described in subsection (a)(2) 
        with respect to items attributable to such interest.''.
    (h) Effective Date.--The amendments made by this section shall 
apply to taxable years beginning after the date of the enactment of 
this Act.

SEC. 899A. 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, and
                            ``(ii) the credit determined under section 
                        45 to the extent that such credit is 
                        attributable to electricity 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. 899B. CREDIT FOR QUALIFYING POLLUTION CONTROL EQUIPMENT.

    (a) Allowance of Qualifying Pollution Control Equipment Credit.--
Section 46 (relating to amount of credit), as amended by this Act, is 
amended by striking ``and'' at the end of paragraph (2), by striking 
the period at the end of paragraph (3) and inserting ``, and'', and by 
adding at the end the following new paragraph:
            ``(4) the qualifying pollution control equipment credit.''.
    (b) Amount of Qualifying Pollution Control Equipment Credit.--
Subpart E of part IV of subchapter A of chapter 1 (relating to rules 
for computing investment credit), as amended by this Act, is amended by 
inserting after section 48A the following new section:

``SEC. 48B. QUALIFYING POLLUTION CONTROL EQUIPMENT CREDIT.

    ``(a) In General.--For purposes of section 46, the qualifying 
pollution control equipment credit for any taxable year is an amount 
equal to 15 percent of the basis of the qualifying pollution control 
equipment placed in service at a qualifying facility during such 
taxable year.
    ``(b) Qualifying Pollution Control Equipment.--For purposes of this 
section, the term `qualifying pollution control equipment' means any 
technology installed in or on a qualifying facility to reduce air 
emissions of any pollutant regulated by the Environmental Protection 
Agency under the Clean Air Act, including thermal oxidizers, 
regenerative thermal oxidizers, scrubber systems, evaporative control 
systems, vapor recovery systems, flair systems, bag houses, cyclones, 
continuous emissions monitoring systems, and low nitric oxide burners.
    ``(c) Qualifying Facility.--For purposes of this section, the term 
`qualifying facility' means any facility which produces not less than 
1,000,000 gallons of ethanol during the taxable year.
    ``(d) Special Rule for Certain Subsidized Property.--Rules similar 
to section 48(a)(4) shall apply for purposes of this section.
    ``(e) Certain Qualified Progress Expenditures Rules Made 
Applicable.--Rules similar to the rules of subsections (c)(4) and (d) 
of section 46 (as in effect on the day before the enactment of the 
Revenue Reconciliation Act of 1990) shall apply for purposes of this 
subsection.''.
    (c) Recapture of Credit Where Emissions Reduction Offset is Sold.--
Paragraph (1) of section 50(a) is amended by redesignating subparagraph 
(B) as subparagraph (C) and by inserting after subparagraph (A) the 
following new subparagraph:
                    ``(B) Special rule for qualifying pollution control 
                equipment.--For purposes of subparagraph (A), any 
                investment property which is qualifying pollution 
                control equipment (as defined in section 48B(b)) shall 
                cease to be investment credit property with respect to 
                a taxpayer if such taxpayer receives a payment in 
                exchange for a credit for emission reductions 
                attributable to such qualifying pollution control 
                equipment for purposes of an offset requirement under 
                part D of title I of the Clean Air Act.''.
    (d) Special Rule for Basis Reduction; Recapture of Credit.--
Paragraph (3) of section 50(c) (relating to basis adjustment to 
investment credit property), as amended by this Act, is amended by 
inserting ``or qualifying pollution control equipment credit'' after 
``energy credit''.
    (e) Effective Date.--The amendments made by this section shall 
apply to property placed in service after December 31, 2003, in taxable 
years ending after such date, under rules similar to the rules of 
section 48(m) of the Internal Revenue Code of 1986 (as in effect on the 
day before the date of the enactment of the Revenue Reconciliation Act 
of 1990).

SEC. 899C. ELECTRIC TRANSMISSION PROPERTY TREATED AS 15-YEAR PROPERTY.

    (a) In General.--Subparagraph (E) of section 168(e)(3) (relating to 
classification of certain property), as amended by this Act, is amended 
by striking ``and'' at the end of clause (iii), by striking the period 
at the end of clause (iv) and by inserting ``, and'', and by adding at 
the end the following new clause:
                            ``(v) any section 1245 property (as defined 
                        in section 1245(a)(3)) used in the transmission 
                        at 69 or more kilovolts of electricity for sale 
                        the original use of which commences with the 
                        taxpayer after the date of the enactment of 
                        this clause.''.
    (b) Alternative System.--The table contained in section 
168(g)(3)(B) is amended by inserting after the item relating to 
subparagraph (E)(iv) the following:

``(E)(v).......................................................   30''.
    (c) Effective Date.--The amendments made by this section shall 
apply to property placed in service after the date of the enactment of 
this Act, and prior to July 1, 2006.

                  TITLE IX--HOMESTEAD PRESERVATION ACT

SEC. 901. SHORT TITLE.

    This title may be cited as the ``Homestead Preservation Act''.

SEC. 902. MORTGAGE PAYMENT ASSISTANCE.

    (a) Establishment of Program.--The Secretary of Housing and Urban 
Development (referred to in this section as the ``Secretary'') shall 
establish a program under which the Secretary shall award low-interest 
loans to eligible individuals to enable such individuals to continue to 
make mortgage payments with respect to the primary residences of such 
individuals.
    (b) Eligibility.--To be eligible to receive a loan under the 
program established under subsection (a), an individual shall be--
            (1) an individual that is a worker adversely affected by 
        international economic activity, as determined by the 
        Secretary;
            (2) a borrower under a loan which requires the individual 
        to make monthly mortgage payments with respect to the primary 
        place of residence of the individual; and
            (3) enrolled in a training or assistance program.
    (c) Loan Requirements.--
            (1) In general.--A loan provided to an eligible individual 
        under this section shall--
                    (A) be for a period of not to exceed 12 months;
                    (B) be for an amount that does not exceed the sum 
                of--
                            (i) the amount of the monthly mortgage 
                        payment owed by the individual; and
                            (ii) the number of months for which the 
                        loan is provided;
                    (C) have an applicable rate of interest that equals 
                4 percent;
                    (D) require repayment as provided for in subsection 
                (d); and
                    (E) be subject to such other terms and conditions 
                as the Secretary determines appropriate.
            (2) Account.--A loan awarded to an individual under this 
        section shall be deposited into an account from which a monthly 
        mortgage payment will be made in accordance with the terms and 
        conditions of such loan.
    (d) Repayment.--
            (1) In general.--An individual to which a loan has been 
        awarded under this section shall be required to begin making 
        repayments on the loan on the earlier of--
                    (A) the date on which the individual has been 
                employed on a full-time basis for 6 consecutive months; 
                or
                    (B) the date that is 1 year after the date on which 
                the loan has been approved under this section.
            (2) Repayment period and amount.--
                    (A) Repayment period.--A loan awarded under this 
                section shall be repaid on a monthly basis over the 5-
                year period beginning on the date determined under 
                paragraph (1).
                    (B) Amount.--The amount of the monthly payment 
                described in subparagraph (A) shall be determined by 
                dividing the total amount provided under the loan (plus 
                interest) by 60.
                    (C) Rule of construction.--Nothing in this 
                paragraph shall be construed to prohibit an individual 
                from--
                            (i) paying off a loan awarded under this 
                        section in less than 5 years; or
                            (ii) from paying a monthly amount under 
                        such loan in excess of the monthly amount 
                        determined under subparagraph (B) with respect 
                        to the loan.
    (e) Regulations.--Not later than 6 weeks after the date of 
enactment of this section, the Secretary shall promulgate regulations 
necessary to carry out this section, including regulations that permit 
an individual to certify that the individual is an eligible individual 
under subsection (b).
    (f) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section, $10,000,000 for each of fiscal 
years 2005 through 2009.

     TITLE X--OFFICE OF FEDERAL PROCUREMENT POLICY ACT IMPROVEMENTS

SEC. 1001. REPORT ON ACQUISITIONS OF GOODS FROM FOREIGN SOURCES.

    (a) Report.--The Office of Federal Procurement Policy Act (41 
U.S.C. 403 et seq.), as amended by this Act, is further amended by 
adding at the end the following new section:

``SEC. 43. REPORT ON ACQUISITIONS OF GOODS FROM FOREIGN SOURCES.

    ``(a) Not later than 60 days after the end of each fiscal year, the 
head of each executive agency shall submit to Congress a report on the 
acquisitions that were made of articles, materials, or supplies by such 
executive agency in that fiscal year from entities that manufacture the 
articles, materials, or supplies outside the United States.
    ``(b) The report for a fiscal year under subsection (a) shall 
separately indicate the following information:
            ``(1) The dollar value of any articles, materials, or 
        supplies that were manufactured outside the United States.
            ``(2) An itemized list of all waivers granted with respect 
        to such articles, materials, or supplies under the Buy American 
        Act (41 U.S.C. 10a et seq.).
            ``(3) A summary of--
                    ``(A) the total procurement funds expended on 
                articles, materials, and supplies manufactured inside 
                the United States; and
                    ``(B) the total procurement funds expended on 
                articles, materials, and supplies manufactured outside 
                the United States.
    ``(c) The head of each executive agency submitting a report under 
subsection (a) shall make the report publicly available by posting on 
an Internet website.
    ``(d) Subsection (a) shall not apply to any procurement for 
national security purposes entered into by--
            ``(1) the Department of Defense or any agency or entity 
        thereof;
            ``(2) the Department of the Army, the Department of the 
        Navy, the Department of the Air Force, or any agency or entity 
        of any of the military departments;
            ``(3) the Department of Homeland Security;
            ``(4) the Department of Energy or any agency or entity 
        thereof, with respect to the national security programs of that 
        Department; or
            ``(5) any element of the intelligence community.''.
    (b) Clerical Amendment.--The table of contents in section 1(b) of 
the Office of Federal Procurement Policy Act is amended by adding at 
the end the following new item:

        ``Sec. 43. Report on acquisitions of goods from foreign 
                            sources.''.
    (c) Commerce Department Report.--Not later than 60 days after the 
end of each fiscal year ending after the date of the enactment of this 
Act, the Secretary of Commerce shall submit to Congress and make 
publicly available by posting on an Internet website a report on the 
acquisitions by foreign governments of articles, materials, or supplies 
that were manufactured or extracted in the United States in that fiscal 
year. Such report shall indicate the dollar value of such articles, 
materials, or supplies.

                TITLE XI--PROVISIONS RELATING TO TOBACCO

       Subtitle A--Family Smoking Prevention and Tobacco Control

SEC. 1101. SHORT TITLE.

    This subtitle may be cited as the ``Family Smoking Prevention and 
Tobacco Control Act''.

SEC. 1102. FINDINGS.

    The Congress finds the following:
            (1) The use of tobacco products by the Nation's children is 
        a pediatric disease of considerable proportions that results in 
        new generations of tobacco-dependent children and adults.
            (2) A consensus exists within the scientific and medical 
        communities that tobacco products are inherently dangerous and 
        cause cancer, heart disease, and other serious adverse health 
        effects.
            (3) Nicotine is an addictive drug.
            (4) Virtually all new users of tobacco products are under 
        the minimum legal age to purchase such products.
            (5) Tobacco advertising and marketing contribute 
        significantly to the use of nicotine-containing tobacco 
        products by adolescents.
            (6) Because past efforts to restrict advertising and 
        marketing of tobacco products have failed adequately to curb 
        tobacco use by adolescents, comprehensive restrictions on the 
        sale, promotion, and distribution of such products are needed.
            (7) Federal and State governments have lacked the legal and 
        regulatory authority and resources they need to address 
        comprehensively the public health and societal problems caused 
        by the use of tobacco products.
            (8) Federal and State public health officials, the public 
        health community, and the public at large recognize that the 
        tobacco industry should be subject to ongoing oversight.
            (9) Under article I, section 8 of the Constitution, the 
        Congress is vested with the responsibility for regulating 
        interstate commerce and commerce with Indian tribes.
            (10) The sale, distribution, marketing, advertising, and 
        use of tobacco products are activities in and substantially 
        affecting interstate commerce because they are sold, marketed, 
        advertised, and distributed in interstate commerce on a 
        nationwide basis, and have a substantial effect on the Nation's 
        economy.
            (11) The sale, distribution, marketing, advertising, and 
        use of such products substantially affect interstate commerce 
        through the health care and other costs attributable to the use 
        of tobacco products.
            (12) It is in the public interest for Congress to enact 
        legislation that provides the Food and Drug Administration with 
        the authority to regulate tobacco products and the advertising 
        and promotion of such products. The benefits to the American 
        people from enacting such legislation would be significant in 
        human and economic terms.
            (13) Tobacco use is the foremost preventable cause of 
        premature death in America. It causes over 400,000 deaths in 
        the United States each year and approximately 8,600,000 
        Americans have chronic illnesses related to smoking.
            (14) Reducing the use of tobacco by minors by 50 percent 
        would prevent well over 6,500,000 of today's children from 
        becoming regular, daily smokers, saving over 2,000,000 of them 
        from premature death due to tobacco induced disease. Such a 
        reduction in youth smoking would also result in approximately 
        $75,000,000,000 in savings attributable to reduced health care 
        costs.
            (15) Advertising, marketing, and promotion of tobacco 
        products have been especially directed to attract young persons 
        to use tobacco products and these efforts have resulted in 
        increased use of such products by youth. Past efforts to 
        oversee these activities have not been successful in adequately 
        preventing such increased use.
            (16) In 2001, the tobacco industry spent more than 
        $11,000,000,000 to attract new users, retain current users, 
        increase current consumption, and generate favorable long-term 
        attitudes toward smoking and tobacco use.
            (17) Tobacco product advertising often misleadingly 
        portrays the use of tobacco as socially acceptable and 
        healthful to minors.
            (18) Tobacco product advertising is regularly seen by 
        persons under the age of 18, and persons under the age of 18 
        are regularly exposed to tobacco product promotional efforts.
            (19) Through advertisements during and sponsorship of 
        sporting events, tobacco has become strongly associated with 
        sports and has become portrayed as an integral part of sports 
        and the healthy lifestyle associated with rigorous sporting 
        activity.
            (20) Children are exposed to substantial and unavoidable 
        tobacco advertising that leads to favorable beliefs about 
        tobacco use, plays a role in leading young people to 
        overestimate the prevalence of tobacco use, and increases the 
        number of young people who begin to use tobacco.
            (21) The use of tobacco products in motion pictures and 
        other mass media glamorizes its use for young people and 
        encourages them to use tobacco products.
            (22) Tobacco advertising expands the size of the tobacco 
        market by increasing consumption of tobacco products including 
        tobacco use by young people.
            (23) Children are more influenced by tobacco advertising 
        than adults, they smoke the most advertised brands.
            (24) Tobacco company documents indicate that young people 
        are an important and often crucial segment of the tobacco 
        market. Children, who tend to be more price-sensitive than 
        adults, are influenced by advertising and promotion practices 
        that result in drastically reduced cigarette prices.
            (25) Comprehensive advertising restrictions will have a 
        positive effect on the smoking rates of young people.
            (26) Restrictions on advertising are necessary to prevent 
        unrestricted tobacco advertising from undermining legislation 
        prohibiting access to young people and providing for education 
        about tobacco use.
            (27) International experience shows that advertising 
        regulations that are stringent and comprehensive have a greater 
        impact on overall tobacco use and young people's use than 
        weaker or less comprehensive ones.
            (28) Text only requirements, although not as stringent as a 
        ban, will help reduce underage use of tobacco products while 
        preserving the informational function of advertising.
            (29) It is in the public interest for Congress to adopt 
        legislation to address the public health crisis created by 
        actions of the tobacco industry.
            (30) The final regulations promulgated by the Secretary of 
        Health and Human Services in the August 28, 1996, issue of the 
        Federal Register (61 Fed. Reg. 44615-44618) for inclusion as 
        part 897 of title 21, Code of Federal Regulations, are 
        consistent with the First Amendment to the United States 
        Constitution and with the standards set forth in the amendments 
        made by this subtitle for the regulation of tobacco products by 
        the Food and Drug Administration and the restriction on the 
        sale and distribution, including access to and the advertising 
        and promotion of, tobacco products contained in such 
        regulations are substantially related to accomplishing the 
        public health goals of this subtitle.
            (31) The regulations described in paragraph (30) will 
        directly and materially advance the Federal Government's 
        substantial interest in reducing the number of children and 
        adolescents who use cigarettes and smokeless tobacco and in 
        preventing the life-threatening health consequences associated 
        with tobacco use. An overwhelming majority of Americans who use 
        tobacco products begin using such products while they are 
        minors and become addicted to the nicotine in those products 
        before reaching the age of 18. Tobacco advertising and 
        promotion plays a crucial role in the decision of these minors 
        to begin using tobacco products. Less restrictive and less 
        comprehensive approaches have not and will not be effective in 
        reducing the problems addressed by such regulations. The 
        reasonable restrictions on the advertising and promotion of 
        tobacco products contained in such regulations will lead to a 
        significant decrease in the number of minors using and becoming 
        addicted to those products.
            (32) The regulations described in paragraph (30) impose no 
        more extensive restrictions on communication by tobacco 
        manufacturers and sellers than are necessary to reduce the 
        number of children and adolescents who use cigarettes and 
        smokeless tobacco and to prevent the life-threatening health 
        consequences associated with tobacco use. Such regulations are 
        narrowly tailored to restrict those advertising and promotional 
        practices which are most likely to be seen or heard by youth 
        and most likely to entice them into tobacco use, while 
        affording tobacco manufacturers and sellers ample opportunity 
        to convey information about their products to adult consumers.
            (33) Tobacco dependence is a chronic disease, one that 
        typically requires repeated interventions to achieve long-term 
        or permanent abstinence.
            (34) Because the only known safe alternative to smoking is 
        cessation, interventions should target all smokers to help them 
        quit completely.
            (35) Tobacco products have been used to facilitate and 
        finance criminal activities both domestically and 
        internationally. Illicit trade of tobacco products has been 
        linked to organized crime and terrorist groups.
            (36) It is essential that the Food and Drug Administration 
        review products sold or distributed for use to reduce risks or 
        exposures associated with tobacco products and that it be 
        empowered to review any advertising and labeling for such 
        products. It is also essential that manufacturers, prior to 
        marketing such products, be required to demonstrate that such 
        products will meet a series of rigorous criteria, and will 
        benefit the health of the population as a whole, taking into 
        account both users of tobacco products and persons who do not 
        currently use tobacco products.
            (37) Unless tobacco products that purport to reduce the 
        risks to the public of tobacco use actually reduce such risks, 
        those products can cause substantial harm to the public health 
        to the extent that the individuals, who would otherwise not 
        consume tobacco products or would consume such products less, 
        use tobacco products purporting to reduce risk. Those who use 
        products sold or distributed as modified risk products that do 
        not in fact reduce risk, rather than quitting or reducing their 
        use of tobacco products, have a substantially increased 
        likelihood of suffering disability and premature death. The 
        costs to society of the widespread use of products sold or 
        distributed as modified risk products that do not in fact 
        reduce risk or that increase risk include thousands of 
        unnecessary deaths and injuries and huge costs to our health 
        care system.
            (38) As the National Cancer Institute has found, many 
        smokers mistakenly believe that ``low tar'' and ``light'' 
        cigarettes cause fewer health problems than other cigarettes. 
        As the National Cancer Institute has also found, mistaken 
        beliefs about the health consequences of smoking ``low tar'' 
        and ``light'' cigarettes can reduce the motivation to quit 
        smoking entirely and thereby lead to disease and death.
            (39) Recent studies have demonstrated that there has been 
        no reduction in risk on a population-wide basis from ``low 
        tar'' and ``light'' cigarettes and such products may actually 
        increase the risk of tobacco use.
            (40) The dangers of products sold or distributed as 
        modified risk tobacco products that do not in fact reduce risk 
        are so high that there is a compelling governmental interest in 
        insuring that statements about modified risk tobacco products 
        are complete, accurate, and relate to the overall disease risk 
        of the product.
            (41) As the Federal Trade Commission has found, consumers 
        have misinterpreted advertisements in which one product is 
        claimed to be less harmful than a comparable product, even in 
        the presence of disclosures and advisories intended to provide 
        clarification.
            (42) Permitting manufacturers to make unsubstantiated 
        statements concerning modified risk tobacco products, whether 
        express or implied, even if accompanied by disclaimers would be 
        detrimental to the public health.
            (43) The only way to effectively protect the public health 
        from the dangers of unsubstantiated modified risk tobacco 
        products is to empower the Food and Drug Administration to 
        require that products that tobacco manufacturers sold or 
        distributed for risk reduction be approved in advance of 
        marketing, and to require that the evidence relied on to 
        support approval of these products is rigorous.

SEC. 1103. PURPOSE.

    The purposes of this subtitle are--
            (1) to provide authority to the Food and Drug 
        Administration to regulate tobacco products under the Federal 
        Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.), by 
        recognizing it as the primary Federal regulatory authority with 
        respect to the manufacture, marketing, and distribution of 
        tobacco products;
            (2) to ensure that the Food and Drug Administration has the 
        authority to address issues of particular concern to public 
        health officials, especially the use of tobacco by young people 
        and dependence on tobacco;
            (3) to authorize the Food and Drug Administration to set 
        national standards controlling the manufacture of tobacco 
        products and the identity, public disclosure, and amount of 
        ingredients used in such products;
            (4) to provide new and flexible enforcement authority to 
        ensure that there is effective oversight of the tobacco 
        industry's efforts to develop, introduce, and promote less 
        harmful tobacco products;
            (5) to vest the Food and Drug Administration with the 
        authority to regulate the levels of tar, nicotine, and other 
        harmful components of tobacco products;
            (6) in order to ensure that consumers are better informed, 
        to require tobacco product manufacturers to disclose research 
        which has not previously been made available, as well as 
        research generated in the future, relating to the health and 
        dependency effects or safety of tobacco products;
            (7) to continue to permit the sale of tobacco products to 
        adults in conjunction with measures to ensure that they are not 
        sold or accessible to underage purchasers;
            (8) to impose appropriate regulatory controls on the 
        tobacco industry;
            (9) to promote cessation to reduce disease risk and the 
        social costs associated with tobacco related diseases; and
            (10) to strengthen legislation against illicit trade in 
        tobacco products.

SEC. 1104. SCOPE AND EFFECT.

    (a) Intended Effect.--Nothing in this subtitle (or an amendment 
made by this subtitle) shall be construed to--
            (1) establish a precedent with regard to any other 
        industry, situation, circumstance, or legal action; or
            (2) affect any action pending in Federal, State, or Tribal 
        court, or any agreement, consent decree, or contract of any 
        kind.
    (b) Agricultural Activities.--The provisions of this subtitle (or 
an amendment made by this subtitle) which authorize the Secretary to 
take certain actions with regard to tobacco and tobacco products shall 
not be construed to affect any authority of the Secretary of 
Agriculture under existing law regarding the growing, cultivation, or 
curing of raw tobacco.

SEC. 1105. SEVERABILITY.

    If any provision of this subtitle, the amendments made by this 
subtitle, or the application of any provision of this subtitle to any 
person or circumstance is held to be invalid, the remainder of this 
subtitle, the amendments made by this subtitle, and the application of 
the provisions of this subtitle to any other person or circumstance 
shall not be affected and shall continue to be enforced to the fullest 
extent possible.

         CHAPTER 1--AUTHORITY OF THE FOOD AND DRUG ADMINISTRATION

SEC. 1111. AMENDMENT OF FEDERAL FOOD, DRUG, AND COSMETIC ACT.

    (a) Definition of Tobacco Products.--Section 201 of the Federal 
Food, Drug, and Cosmetic Act (21 U.S.C. 321) is amended by adding at 
the end the following:
    ``(nn)(1) The term `tobacco product' means any product made or 
derived from tobacco that is intended for human consumption, including 
any component, part, or accessory of a tobacco product (except for raw 
materials other than tobacco used in manufacturing a component, part, 
or accessory of a tobacco product).
    ``(2) The term `tobacco product' does not mean--
            ``(A) a product in the form of conventional food (including 
        water and chewing gum), a product represented for use as or for 
        use in a conventional food, or a product that is intended for 
        ingestion in capsule, tablet, softgel, or liquid form; or
            ``(B) an article that is approved or is regulated as a drug 
        by the Food and Drug Administration.
    ``(3) The products described in paragraph (2)(A) shall be subject 
to chapter IV or chapter V of this Act and the articles described in 
paragraph (2)(B) shall be subject to chapter V of this Act.
    ``(4) A tobacco product may not be marketed in combination with any 
other article or product regulated under this Act (including a drug, 
biologic, food, cosmetics, medical device, or a dietary supplement).''.
    (b) FDA Authority Over Tobacco Products.--The Federal Food, Drug, 
and Cosmetic Act (21 U.S.C. 301 et seq.) is amended--
            (1) by redesignating chapter IX as chapter X;
            (2) by redesignating sections 901 through 907 as sections 
        1001 through 1007; and
            (3) by inserting after section 803 the following:

                     ``CHAPTER IX--TOBACCO PRODUCTS

``SEC. 900. DEFINITIONS.

    ``In this chapter:
            ``(1) Additive.--The term `additive' means any substance 
        the intended use of which results or may reasonably be expected 
        to result, directly or indirectly, in its becoming a component 
        or otherwise affecting the characteristic of any tobacco 
        product (including any substances intended for use as a 
        flavoring, coloring or in producing, manufacturing, packing, 
        processing, preparing, treating, packaging, transporting, or 
        holding), except that such term does not include tobacco or a 
        pesticide chemical residue in or on raw tobacco or a pesticide 
        chemical.
            ``(2) Brand.--The term `brand' means a variety of tobacco 
        product distinguished by the tobacco used, tar content, 
        nicotine content, flavoring used, size, filtration, or 
        packaging, logo, registered trademark or brand name, 
        identifiable pattern of colors, or any combination of such 
        attributes.
            ``(3) Cigarette.--The term `cigarette' has the meaning 
        given that term by section 3(1) of the Federal Cigarette 
        Labeling and Advertising Act (15 U.S.C. 1332(1)), but also 
        includes tobacco, in any form, that is functional in the 
        product, which, because of its appearance, the type of tobacco 
        used in the filler, or its packaging and labeling, is likely to 
        be offered to, or purchased by, consumers as a cigarette or as 
        roll-your-own tobacco.
            ``(4) Cigarette tobacco.--The term `cigarette tobacco' 
        means any product that consists of loose tobacco that is 
        intended for use by consumers in a cigarette. Unless otherwise 
        stated, the requirements for cigarettes shall also apply to 
        cigarette tobacco.
            ``(5) Commerce.--The term `commerce' has the meaning given 
        that term by section 3(2) of the Federal Cigarette Labeling and 
        Advertising Act (15 U.S.C. 1332(2)).
            ``(6) Counterfeit tobacco product.--The term `counterfeit 
        tobacco product' means a tobacco product (or the container or 
        labeling of such a product) that, without authorization, bears 
        the trademark, trade name, or other identifying mark, imprint 
        or device, or any likeness thereof, of a tobacco product listed 
        in a registration under section 905(i)(1).
            ``(7) Distributor.--The term `distributor' as regards a 
        tobacco product means any person who furthers the distribution 
        of a tobacco product, whether domestic or imported, at any 
        point from the original place of manufacture to the person who 
        sells or distributes the product to individuals for personal 
        consumption. Common carriers are not considered distributors 
        for purposes of this chapter.
            ``(8) Illicit trade.--The term `illicit trade' means any 
        practice or conduct prohibited by law which relates to 
        production, shipment, receipt, possession, distribution, sale, 
        or purchase of tobacco products including any practice or 
        conduct intended to facilitate such activity.
            ``(9) Indian tribe.--The term `Indian tribe' has the 
        meaning given such term in section 4(e) of the Indian Self 
        Determination and Education Assistance Act (25 U.S.C. 450b(e)).
            ``(10) Little cigar.--The term `little cigar' has the 
        meaning given that term by section 3(7) of the Federal 
        Cigarette Labeling and Advertising Act (15 U.S.C. 1332(7)).
            ``(11) Nicotine.--The term `nicotine' means the chemical 
        substance named 3-(1-Methyl-2-pyrrolidinyl) pyridine or 
        C[10]H[14]N[2], including any salt or complex of nicotine.
            ``(12) Package.--The term `package' means a pack, box, 
        carton, or container of any kind or, if no other container, any 
        wrapping (including cellophane), in which a tobacco product is 
        offered for sale, sold, or otherwise distributed to consumers.
            ``(13) Retailer.--The term `retailer' means any person who 
        sells tobacco products to individuals for personal consumption, 
        or who operates a facility where self-service displays of 
        tobacco products are permitted.
            ``(14) Roll-your-own tobacco.--The term `roll-your-own 
        tobacco' means any tobacco which, because of its appearance, 
        type, packaging, or labeling, is suitable for use and likely to 
        be offered to, or purchased by, consumers as tobacco for making 
        cigarettes.
            ``(15) Smoke constituent.--The term `smoke constituent' 
        means any chemical or chemical compound in mainstream or 
        sidestream tobacco smoke that either transfers from any 
        component of the cigarette to the smoke or that is formed by 
        the combustion or heating of tobacco, additives, or other 
        component of the tobacco product.
            ``(16) Smokeless tobacco.--The term `smokeless tobacco' 
        means any tobacco product that consists of cut, ground, 
        powdered, or leaf tobacco and that is intended to be placed in 
        the oral or nasal cavity.
            ``(17) State.--The term `State' means any State of the 
        United States and, for purposes of this chapter, includes the 
        District of Columbia, the Commonwealth of Puerto Rico, Guam, 
        the Virgin Islands, American Samoa, Wake Island, Midway 
        Islands, Kingman Reef, Johnston Atoll, the Northern Mariana 
        Islands, and any other trust territory or possession of the 
        United States.
            ``(18) Tobacco product manufacturer.--Term `tobacco product 
        manufacturer' means any person, including any repacker or 
        relabeler, who--
                    ``(A) manufactures, fabricates, assembles, 
                processes, or labels a tobacco product; or
                    ``(B) imports a finished cigarette or smokeless 
                tobacco product for sale or distribution in the United 
                States.
            ``(19) United states.--The term `United States' means the 
        50 States of the United States of America and the District of 
        Columbia, the Commonwealth of Puerto Rico, Guam, the Virgin 
        Islands, American Samoa, Wake Island, Midway Islands, Kingman 
        Reef, Johnston Atoll, the Northern Mariana Islands, and any 
        other trust territory or possession of the United States.

``SEC. 901. FDA AUTHORITY OVER TOBACCO PRODUCTS.

     ``(a) In General.--Tobacco products shall be regulated by the 
Secretary under this chapter and shall not be subject to the provisions 
of chapter V, unless--
            ``(1) such products are intended for use in the diagnosis, 
        cure, mitigation, treatment, or prevention of disease (within 
        the meaning of section 201(g)(1)(B) or section 201(h)(2)); or
            ``(2) a claim is made for such products under section 
        201(g)(1)(C) or 201(h)(3);
        other than modified risk tobacco products approved in 
        accordance with section 911.
    ``(b) Applicability.--This chapter shall apply to all tobacco 
products subject to the regulations referred to in section 1112 of the 
Family Smoking Prevention and Tobacco Control Act, and to any other 
tobacco products that the Secretary by regulation deems to be subject 
to this chapter.
    ``(c) Scope.--
            ``(1) In general.--Nothing in this chapter, or any policy 
        issued or regulation promulgated thereunder, or the Family 
        Smoking Prevention and Tobacco Control Act, shall be construed 
        to affect the Secretary's authority over, or the regulation of, 
        products under this Act that are not tobacco products under 
        chapter V or any other chapter.
            ``(2) Limitation of authority.--
                    ``(A) In general.--The provisions of this chapter 
                shall not apply to tobacco leaf that is not in the 
                possession of a manufacturer of tobacco products, or to 
                the producers of tobacco leaf, including tobacco 
                growers, tobacco warehouses, and tobacco grower 
                cooperatives, nor shall any employee of the Food and 
                Drug Administration have any authority to enter onto a 
                farm owned by a producer of tobacco leaf without the 
                written consent of such producer.
                    ``(B) Exception.--Notwithstanding any other 
                provision of this subparagraph, if a producer of 
                tobacco leaf is also a tobacco product manufacturer or 
                controlled by a tobacco product manufacturer, the 
                producer shall be subject to this chapter in the 
                producer's capacity as a manufacturer.
                    ``(C) Rule of construction.--Nothing in this 
                chapter shall be construed to grant the Secretary 
                authority to promulgate regulations on any matter that 
                involves the production of tobacco leaf or a producer 
                thereof, other than activities by a manufacturer 
                affecting production.

``SEC. 902. ADULTERATED TOBACCO PRODUCTS.

    ``A tobacco product shall be deemed to be adulterated if--
            ``(1) it consists in whole or in part of any filthy, 
        putrid, or decomposed substance, or is otherwise contaminated 
        by any added poisonous or added deleterious substance that may 
        render the product injurious to health;
            ``(2) it has been prepared, packed, or held under 
        insanitary conditions whereby it may have been contaminated 
        with filth, or whereby it may have been rendered injurious to 
        health;
            ``(3) its package is composed, in whole or in part, of any 
        poisonous or deleterious substance which may render the 
        contents injurious to health;
            ``(4) it is, or purports to be or is represented as, a 
        tobacco product which is subject to a tobacco product standard 
        established under section 907 unless such tobacco product is in 
        all respects in conformity with such standard;
            ``(5)(A) it is required by section 910(a) to have premarket 
        approval and does not have an approved application in effect;
            ``(B) it is in violation of the order approving such an 
        application; or
            ``(6) the methods used in, or the facilities or controls 
        used for, its manufacture, packing or storage are not in 
        conformity with applicable requirements under section 906(e)(1) 
        or an applicable condition prescribed by an order under section 
        906(e)(2); or
            ``(7) it is in violation of section 911.

``SEC. 903. MISBRANDED TOBACCO PRODUCTS.

    ``(a) In General.--A tobacco product shall be deemed to be 
misbranded--
            ``(1) if its labeling is false or misleading in any 
        particular;
            ``(2) if in package form unless it bears a label 
        containing--
                    ``(A) the name and place of business of the tobacco 
                product manufacturer, packer, or distributor;
                    ``(B) an accurate statement of the quantity of the 
                contents in terms of weight, measure, or numerical 
                count;
                    ``(C) an accurate statement of the percentage of 
                the tobacco used in the product that is domestically 
                grown tobacco and the percentage that is foreign grown 
                tobacco; and
                    ``(D) the statement required under section 921(a),
        except that under subparagraph (B) reasonable variations shall 
        be permitted, and exemptions as to small packages shall be 
        established, by regulations prescribed by the Secretary;
            ``(3) if any word, statement, or other information required 
        by or under authority of this chapter to appear on the label or 
        labeling is not prominently placed thereon with such 
        conspicuousness (as compared with other words, statements or 
        designs in the labeling) and in such terms as to render it 
        likely to be read and understood by the ordinary individual 
        under customary conditions of purchase and use;
            ``(4) if it has an established name, unless its label 
        bears, to the exclusion of any other nonproprietary name, its 
        established name prominently printed in type as required by the 
        Secretary by regulation;
            ``(5) if the Secretary has issued regulations requiring 
        that its labeling bear adequate directions for use, or adequate 
        warnings against use by children, that are necessary for the 
        protection of users unless its labeling conforms in all 
        respects to such regulations;
            ``(6) if it was manufactured, prepared, propagated, 
        compounded, or processed in any State in an establishment not 
        duly registered under section 905(b), 905(c), 905(d), or 
        905(h), if it was not included in a list required by section 
        905(i), if a notice or other information respecting it was not 
        provided as required by such section or section 905(j), or if 
        it does not bear such symbols from the uniform system for 
        identification of tobacco products prescribed under section 
        905(e) as the Secretary by regulation requires;
            ``(7) if, in the case of any tobacco product distributed or 
        offered for sale in any State--
                    ``(A) its advertising is false or misleading in any 
                particular; or
                    ``(B) it is sold or distributed in violation of 
                regulations prescribed under section 906(d);
            ``(8) unless, in the case of any tobacco product 
        distributed or offered for sale in any State, the manufacturer, 
        packer, or distributor thereof includes in all advertisements 
        and other descriptive printed matter issued or caused to be 
        issued by the manufacturer, packer, or distributor with respect 
        to that tobacco product--
                    ``(A) a true statement of the tobacco product's 
                established name as described in paragraph (4), printed 
                prominently; and
                    ``(B) a brief statement of--
                            ``(i) the uses of the tobacco product and 
                        relevant warnings, precautions, side effects, 
                        and contraindications; and
                            ``(ii) in the case of specific tobacco 
                        products made subject to a finding by the 
                        Secretary after notice and opportunity for 
                        comment that such action is appropriate to 
                        protect the public health, a full description 
                        of the components of such tobacco product or 
                        the formula showing quantitatively each 
                        ingredient of such tobacco product to the 
                        extent required in regulations which shall be 
                        issued by the Secretary after an opportunity 
                        for a hearing;
            ``(9) if it is a tobacco product subject to a tobacco 
        product standard established under section 907, unless it bears 
        such labeling as may be prescribed in such tobacco product 
        standard; or
            ``(10) if there was a failure or refusal--
                    ``(A) to comply with any requirement prescribed 
                under section 904 or 908; or
                    ``(B) to furnish any material or information 
                required under section 909.
    ``(b) Prior Approval of Label Statements.--The Secretary may, by 
regulation, require prior approval of statements made on the label of a 
tobacco product. No regulation issued under this subsection may require 
prior approval by the Secretary of the content of any advertisement, 
except for modified risk tobacco products as provided in section 911. 
No advertisement of a tobacco product published after the date of 
enactment of the Family Smoking Prevention and Tobacco Control Act 
shall, with respect to the language of label statements as prescribed 
under section 4 of the Cigarette Labeling and Advertising Act and 
section 3 of the Comprehensive Smokeless Tobacco Health Education Act 
of 1986 or the regulations issued under such sections, be subject to 
the provisions of sections 12 through 15 of the Federal Trade 
Commission Act (15 U.S.C. 52 through 55).

``SEC. 904. SUBMISSION OF HEALTH INFORMATION TO THE SECRETARY.

    ``(a) Requirement.--Not later than 6 months after the date of 
enactment of the Family Smoking Prevention and Tobacco Control Act, 
each tobacco product manufacturer or importer, or agents thereof, shall 
submit to the Secretary the following information:
            ``(1) A listing of all ingredients, including tobacco, 
        substances, compounds, and additives that are, as of such date, 
        added by the manufacturer to the tobacco, paper, filter, or 
        other part of each tobacco product by brand and by quantity in 
        each brand and subbrand.
            ``(2) A description of the content, delivery, and form of 
        nicotine in each tobacco product measured in milligrams of 
        nicotine in accordance with regulations promulgated by the 
        Secretary in accordance with section 4(a)(4) of the Federal 
        Cigarette Labeling and Advertising Act.
            ``(3) A listing of all constituents, including smoke 
        constituents as applicable, identified by the Secretary as 
        harmful or potentially harmful to health in each tobacco 
        product, and as applicable in the smoke of each tobacco 
        product, by brand and by quantity in each brand and subbrand. 
        Effective beginning 2 years after the date of enactment of this 
        chapter, the manufacturer, importer, or agent shall comply with 
        regulations promulgated under section 915 in reporting 
        information under this paragraph, where applicable.
            ``(4) All documents developed after the date of enactment 
        of the Family Smoking Prevention and Tobacco Control Act that 
        relate to health, toxicological, behavioral, or physiologic 
        effects of current or future tobacco products, their 
        constituents (including smoke constituents), ingredients, 
        components, and additives.
    ``(b) Data Submission.--At the request of the Secretary, each 
tobacco product manufacturer or importer of tobacco products, or agents 
thereof, shall submit the following:
            ``(1) Any or all documents (including underlying scientific 
        information) relating to research activities, and research 
        findings, conducted, supported, or possessed by the 
        manufacturer (or agents thereof) on the health, toxicological, 
        behavioral, or physiologic effects of tobacco products and 
        their constituents (including smoke constituents), ingredients, 
        components, and additives.
            ``(2) Any or all documents (including underlying scientific 
        information) relating to research activities, and research 
        findings, conducted, supported, or possessed by the 
        manufacturer (or agents thereof) that relate to the issue of 
        whether a reduction in risk to health from tobacco products can 
        occur upon the employment of technology available or known to 
        the manufacturer.
            ``(3) Any or all documents (including underlying scientific 
        or financial information) relating to marketing research 
        involving the use of tobacco products or marketing practices 
        and the effectiveness of such practices used by tobacco 
        manufacturers and distributors.
An importer of a tobacco product not manufactured in the United States 
shall supply the information required of a tobacco product manufacturer 
under this subsection.
    ``(c) Time for Submission.--
            ``(1) In general.--At least 90 days prior to the delivery 
        for introduction into interstate commerce of a tobacco product 
        not on the market on the date of enactment of the Family 
        Smoking Prevention and Tobacco Control Act, the manufacturer of 
        such product shall provide the information required under 
        subsection (a).
            ``(2) Disclosure of additive.--If at any time a tobacco 
        product manufacturer adds to its tobacco products a new tobacco 
        additive or increases the quantity of an existing tobacco 
        additive, the manufacturer shall, except as provided in 
        paragraph (3), at least 90 days prior to such action so advise 
        the Secretary in writing.
            ``(3) Disclosure of other actions.--If at any time a 
        tobacco product manufacturer eliminates or decreases an 
        existing additive, or adds or increases an additive that has by 
        regulation been designated by the Secretary as an additive that 
        is not a human or animal carcinogen, or otherwise harmful to 
        health under intended conditions of use, the manufacturer shall 
        within 60 days of such action so advise the Secretary in 
        writing.
    ``(d) Data List.--
            ``(1) In general.--Not later than 3 years after the date of 
        enactment of the Family Smoking Prevention and Tobacco Control 
        Act, and annually thereafter, the Secretary shall publish in a 
        format that is understandable and not misleading to a lay 
        person, and place on public display (in a manner determined by 
        the Secretary) the list established under subsection (e).
            ``(2) Consumer research.--The Secretary shall conduct 
        periodic consumer research to ensure that the list published 
        under paragraph (1) is not misleading to lay persons. Not later 
        than 5 years after the date of enactment of the Family Smoking 
        Prevention and Tobacco Control Act, the Secretary shall submit 
        to the appropriate committees of Congress a report on the 
        results of such research, together with recommendations on 
        whether such publication should be continued or modified.
    ``(e) Data Collection.--Not later than 12 months after the date of 
enactment of the Family Smoking Prevention and Tobacco Control Act, the 
Secretary shall establish a list of harmful and potentially harmful 
constituents, including smoke constituents, to health in each tobacco 
product by brand and by quantity in each brand and subbrand. The 
Secretary shall publish a public notice requesting the submission by 
interested persons of scientific and other information concerning the 
harmful and potentially harmful constituents in tobacco products and 
tobacco smoke.

``SEC. 905. ANNUAL REGISTRATION.

    ``(a) Definitions.--In this section:
            ``(1) Manufacture, preparation, compounding, or 
        processing.--The term `manufacture, preparation, compounding, 
        or processing' shall include repackaging or otherwise changing 
        the container, wrapper, or labeling of any tobacco product 
        package in furtherance of the distribution of the tobacco 
        product from the original place of manufacture to the person 
        who makes final delivery or sale to the ultimate consumer or 
        user.
            ``(2) Name.--The term `name' shall include in the case of a 
        partnership the name of each partner and, in the case of a 
        corporation, the name of each corporate officer and director, 
        and the State of incorporation.
    ``(b) Registration by Owners and Operators.--On or before December 
31 of each year every person who owns or operates any establishment in 
any State engaged in the manufacture, preparation, compounding, or 
processing of a tobacco product or tobacco products shall register with 
the Secretary the name, places of business, and all such establishments 
of that person.
    ``(c) Registration of New Owners and Operators.--Every person upon 
first engaging in the manufacture, preparation, compounding, or 
processing of a tobacco product or tobacco products in any 
establishment owned or operated in any State by that person shall 
immediately register with the Secretary that person's name, place of 
business, and such establishment.
    ``(d) Registration of Added Establishments.--Every person required 
to register under subsection (b) or (c) shall immediately register with 
the Secretary any additional establishment which that person owns or 
operates in any State and in which that person begins the manufacture, 
preparation, compounding, or processing of a tobacco product or tobacco 
products.
    ``(e) Uniform Product Identification System.--The Secretary may by 
regulation prescribe a uniform system for the identification of tobacco 
products and may require that persons who are required to list such 
tobacco products under subsection (i) shall list such tobacco products 
in accordance with such system.
    ``(f) Public Access to Registration Information.--The Secretary 
shall make available for inspection, to any person so requesting, any 
registration filed under this section.
    ``(g) Biennial Inspection of Registered Establishments.--Every 
establishment in any State registered with the Secretary under this 
section shall be subject to inspection under section 704, and every 
such establishment engaged in the manufacture, compounding, or 
processing of a tobacco product or tobacco products shall be so 
inspected by 1 or more officers or employees duly designated by the 
Secretary at least once in the 2-year period beginning with the date of 
registration of such establishment under this section and at least once 
in every successive 2-year period thereafter.
    ``(h) Foreign Establishments Shall Register.--Any establishment 
within any foreign country engaged in the manufacture, preparation, 
compounding, or processing of a tobacco product or tobacco products, 
shall register under this section under regulations promulgated by the 
Secretary. Such regulations shall require such establishment to provide 
the information required by subsection (i) of this section and shall 
include provisions for registration of any such establishment upon 
condition that adequate and effective means are available, by 
arrangement with the government of such foreign country or otherwise, 
to enable the Secretary to determine from time to time whether tobacco 
products manufactured, prepared, compounded, or processed in such 
establishment, if imported or offered for import into the United 
States, shall be refused admission on any of the grounds set forth in 
section 801(a).
    ``(i) Registration Information.--
            ``(1) Product list.--Every person who registers with the 
        Secretary under subsection (b), (c), (d), or (h) shall, at the 
        time of registration under any such subsection, file with the 
        Secretary a list of all tobacco products which are being 
        manufactured, prepared, compounded, or processed by that person 
        for commercial distribution and which has not been included in 
        any list of tobacco products filed by that person with the 
        Secretary under this paragraph or paragraph (2) before such 
        time of registration. Such list shall be prepared in such form 
        and manner as the Secretary may prescribe and shall be 
        accompanied by--
                    ``(A) in the case of a tobacco product contained in 
                the applicable list with respect to which a tobacco 
                product standard has been established under section 907 
                or which is subject to section 910, a reference to the 
                authority for the marketing of such tobacco product and 
                a copy of all labeling for such tobacco product;
                    ``(B) in the case of any other tobacco product 
                contained in an applicable list, a copy of all consumer 
                information and other labeling for such tobacco 
                product, a representative sampling of advertisements 
                for such tobacco product, and, upon request made by the 
                Secretary for good cause, a copy of all advertisements 
                for a particular tobacco product; and
                    ``(C) if the registrant filing a list has 
                determined that a tobacco product contained in such 
                list is not subject to a tobacco product standard 
                established under section 907, a brief statement of the 
                basis upon which the registrant made such determination 
                if the Secretary requests such a statement with respect 
                to that particular tobacco product.
            ``(2) Biannual report of any change in product list.--Each 
        person who registers with the Secretary under this section 
        shall report to the Secretary once during the month of June of 
        each year and once during the month of December of each year 
        the following:
                    ``(A) A list of each tobacco product introduced by 
                the registrant for commercial distribution which has 
                not been included in any list previously filed by that 
                person with the Secretary under this subparagraph or 
                paragraph (1). A list under this subparagraph shall 
                list a tobacco product by its established name and 
                shall be accompanied by the other information required 
                by paragraph (1).
                    ``(B) If since the date the registrant last made a 
                report under this paragraph that person has 
                discontinued the manufacture, preparation, compounding, 
                or processing for commercial distribution of a tobacco 
                product included in a list filed under subparagraph (A) 
                or paragraph (1), notice of such discontinuance, the 
                date of such discontinuance, and the identity of its 
                established name.
                    ``(C) If since the date the registrant reported 
                under subparagraph (B) a notice of discontinuance that 
                person has resumed the manufacture, preparation, 
                compounding, or processing for commercial distribution 
                of the tobacco product with respect to which such 
                notice of discontinuance was reported, notice of such 
                resumption, the date of such resumption, the identity 
                of such tobacco product by established name, and other 
                information required by paragraph (1), unless the 
                registrant has previously reported such resumption to 
                the Secretary under this subparagraph.
                    ``(D) Any material change in any information 
                previously submitted under this paragraph or paragraph 
                (1).
    ``(j) Report Preceding Introduction of Certain Substantially-
Equivalent Products Into Interstate Commerce.--
            ``(1) In general.--Each person who is required to register 
        under this section and who proposes to begin the introduction 
        or delivery for introduction into interstate commerce for 
        commercial distribution of a tobacco product intended for human 
        use that was not commercially marketed (other than for test 
        marketing) in the United States as of June 1, 2003, shall, at 
        least 90 days prior to making such introduction or delivery, 
        report to the Secretary (in such form and manner as the 
        Secretary shall prescribe)--
                    ``(A) the basis for such person's determination 
                that the tobacco product is substantially equivalent, 
                within the meaning of section 910, to a tobacco product 
                commercially marketed (other than for test marketing) 
                in the United States as of June 1, 2003, that is in 
                compliance with the requirements of this Act; and
                    ``(B) action taken by such person to comply with 
                the requirements under section 907 that are applicable 
                to the tobacco product.
            ``(2) Application to certain post june 1, 2003 products.--A 
        report under this subsection for a tobacco product that was 
        first introduced or delivered for introduction into interstate 
        commerce for commercial distribution in the United States after 
        June 1, 2003, and prior to the date that is 15 months after the 
        date of enactment of the Family Smoking Prevention and Tobacco 
        Control Act shall be submitted to the Secretary not later than 
        15 months after such date of enactment.
            ``(3) Exemptions.--
                    ``(A) In general.--The Secretary may by regulation, 
                exempt from the requirements of this subsection tobacco 
                products that are modified by adding or deleting a 
                tobacco additive, or increasing or decreasing the 
                quantity of an existing tobacco additive, if the 
                Secretary determines that--
                            ``(i) such modification would be a minor 
                        modification of a tobacco product authorized 
                        for sale under this Act;
                            ``(ii) a report under this subsection is 
                        not necessary to ensure that permitting the 
                        tobacco product to be marketed would be 
                        appropriate for protection of the public 
                        health; and
                            ``(iii) an exemption is otherwise 
                        appropriate.
                    ``(B) Regulations.--Not later than 9 months after 
                the date of enactment of the Family Smoking Prevention 
                and Tobacco Control Act, the Secretary shall issue 
                regulations to implement this paragraph.

``SEC. 906. GENERAL PROVISIONS RESPECTING CONTROL OF TOBACCO PRODUCTS.

    ``(a) In General.--Any requirement established by or under section 
902, 903, 905, or 909 applicable to a tobacco product shall apply to 
such tobacco product until the applicability of the requirement to the 
tobacco product has been changed by action taken under section 907, 
section 910, section 911, or subsection (d) of this section, and any 
requirement established by or under section 902, 903, 905, or 909 which 
is inconsistent with a requirement imposed on such tobacco product 
under section 907, section 910, section 911, or subsection (d) of this 
section shall not apply to such tobacco product.
    ``(b) Information on Public Access and Comment.--Each notice of 
proposed rulemaking under section 907, 908, 909, 910, or 911 or under 
this section, any other notice which is published in the Federal 
Register with respect to any other action taken under any such section 
and which states the reasons for such action, and each publication of 
findings required to be made in connection with rulemaking under any 
such section shall set forth--
            ``(1) the manner in which interested persons may examine 
        data and other information on which the notice or findings is 
        based; and
            ``(2) the period within which interested persons may 
        present their comments on the notice or findings (including the 
        need therefore) orally or in writing, which period shall be at 
        least 60 days but may not exceed 90 days unless the time is 
        extended by the Secretary by a notice published in the Federal 
        Register stating good cause therefore.
    ``(c) Limited Confidentiality of Information.--Any information 
reported to or otherwise obtained by the Secretary or the Secretary's 
representative under section 903, 904, 907, 908, 909, 910, 911, or 704, 
or under subsection (e) or (f) of this section, which is exempt from 
disclosure under subsection (a) of section 552 of title 5, United 
States Code, by reason of subsection (b)(4) of that section shall be 
considered confidential and shall not be disclosed, except that the 
information may be disclosed to other officers or employees concerned 
with carrying out this chapter, or when relevant in any proceeding 
under this chapter.
    ``(d) Restrictions.--
            ``(1) In general.--The Secretary may by regulation require 
        restrictions on the sale and distribution of a tobacco product, 
        including restrictions on the access to, and the advertising 
        and promotion of, the tobacco product, if the Secretary 
        determines that such regulation would be appropriate for the 
        protection of the public health. The Secretary may by 
        regulation impose restrictions on the advertising and promotion 
        of a tobacco product consistent with and to full extent 
        permitted by the first amendment to the Constitution. The 
        finding as to whether such regulation would be appropriate for 
        the protection of the public health shall be determined with 
        respect to the risks and benefits to the population as a whole, 
        including users and non-users of the tobacco product, and 
        taking into account--
                    ``(A) the increased or decreased likelihood that 
                existing users of tobacco products will stop using such 
                products; and
                    ``(B) the increased or decreased likelihood that 
                those who do not use tobacco products will start using 
                such products.
        No such regulation may require that the sale or distribution of 
        a tobacco product be limited to the written or oral 
        authorization of a practitioner licensed by law to prescribe 
        medical products.
            ``(2) Label statements.--The label of a tobacco product 
        shall bear such appropriate statements of the restrictions 
        required by a regulation under subsection (a) as the Secretary 
        may in such regulation prescribe.
            ``(3) Limitations.--
                    ``(A) In general.--No restrictions under paragraph 
                (1) may--
                            ``(i) prohibit the sale of any tobacco 
                        product in face-to-face transactions by a 
                        specific category of retail outlets; or
                            ``(ii) establish a minimum age of sale of 
                        tobacco products to any person older than 18 
                        years of age.
                    ``(B) Matchbooks.--For purposes of any regulations 
                issued by the Secretary, matchbooks of conventional 
                size containing not more than 20 paper matches, and 
                which are customarily given away for free with the 
                purchase of tobacco products shall be considered as 
                adult written publications which shall be permitted to 
                contain advertising. Notwithstanding the preceding 
                sentence, if the Secretary finds that such treatment of 
                matchbooks is not appropriate for the protection of the 
                public health, the Secretary may determine by 
                regulation that matchbooks shall not be considered 
                adult written publications.
    ``(e) Good Manufacturing Practice Requirements.--
            ``(1) Methods, facilities, and controls to conform.--
                    ``(A) In general.--The Secretary may, in accordance 
                with subparagraph (B), prescribe regulations (which may 
                differ based on the type of tobacco product involved) 
                requiring that the methods used in, and the facilities 
                and controls used for, the manufacture, pre-production 
                design validation (including a process to assess the 
                performance of a tobacco product), packing and storage 
                of a tobacco product, conform to current good 
                manufacturing practice, as prescribed in such 
                regulations, to assure that the public health is 
                protected and that the tobacco product is in compliance 
                with this chapter. Good manufacturing practices may 
                include the testing of raw tobacco for pesticide 
                chemical residues regardless of whether a tolerance for 
                such chemical residues has been established.
                    ``(B) Requirements.--The Secretary shall--
                            ``(i) before promulgating any regulation 
                        under subparagraph (A), afford the Tobacco 
                        Products Scientific Advisory Committee an 
                        opportunity to submit recommendations with 
                        respect to the regulation proposed to be 
                        promulgated;
                            ``(ii) before promulgating any regulation 
                        under subparagraph (A), afford opportunity for 
                        an oral hearing;
                            ``(iii) provide the advisory committee a 
                        reasonable time to make its recommendation with 
                        respect to proposed regulations under 
                        subparagraph (A); and
                            ``(iv) in establishing the effective date 
                        of a regulation promulgated under this 
                        subsection, take into account the differences 
                        in the manner in which the different types of 
                        tobacco products have historically been 
                        produced, the financial resources of the 
                        different tobacco product manufacturers, and 
                        the state of their existing manufacturing 
                        facilities, and shall provide for a reasonable 
                        period of time for such manufacturers to 
                        conform to good manufacturing practices.
            ``(2) Exemptions; variances.--
                    ``(A) Petition.--Any person subject to any 
                requirement prescribed under paragraph (1) may petition 
                the Secretary for a permanent or temporary exemption or 
                variance from such requirement. Such a petition shall 
                be submitted to the Secretary in such form and manner 
                as the Secretary shall prescribe and shall--
                            ``(i) in the case of a petition for an 
                        exemption from a requirement, set forth the 
                        basis for the petitioner's determination that 
                        compliance with the requirement is not required 
                        to assure that the tobacco product will be in 
                        compliance with this chapter;
                            ``(ii) in the case of a petition for a 
                        variance from a requirement, set forth the 
                        methods proposed to be used in, and the 
                        facilities and controls proposed to be used 
                        for, the manufacture, packing, and storage of 
                        the tobacco product in lieu of the methods, 
                        facilities, and controls prescribed by the 
                        requirement; and
                            ``(iii) contain such other information as 
                        the Secretary shall prescribe.
                    ``(B) Referral to the tobacco products scientific 
                advisory committee.--The Secretary may refer to the 
                Tobacco Products Scientific Advisory Committee any 
                petition submitted under subparagraph (A). The Tobacco 
                Products Scientific Advisory Committee shall report its 
                recommendations to the Secretary with respect to a 
                petition referred to it within 60 days after the date 
                of the petition's referral. Within 60 days after--
                            ``(i) the date the petition was submitted 
                        to the Secretary under subparagraph (A); or
                            ``(ii) the day after the petition was 
                        referred to the Tobacco Products Scientific 
                        Advisory Committee,
                whichever occurs later, the Secretary shall by order 
                either deny the petition or approve it.
                    ``(C) Approval.--The Secretary may approve--
                            ``(i) a petition for an exemption for a 
                        tobacco product from a requirement if the 
                        Secretary determines that compliance with such 
                        requirement is not required to assure that the 
                        tobacco product will be in compliance with this 
                        chapter; and
                            ``(ii) a petition for a variance for a 
                        tobacco product from a requirement if the 
                        Secretary determines that the methods to be 
                        used in, and the facilities and controls to be 
                        used for, the manufacture, packing, and storage 
                        of the tobacco product in lieu of the methods, 
                        controls, and facilities prescribed by the 
                        requirement are sufficient to assure that the 
                        tobacco product will be in compliance with this 
                        chapter.
                    ``(D) Conditions.--An order of the Secretary 
                approving a petition for a variance shall prescribe 
                such conditions respecting the methods used in, and the 
                facilities and controls used for, the manufacture, 
                packing, and storage of the tobacco product to be 
                granted the variance under the petition as may be 
                necessary to assure that the tobacco product will be in 
                compliance with this chapter.
                    ``(E) Hearing.--After the issuance of an order 
                under subparagraph (B) respecting a petition, the 
                petitioner shall have an opportunity for an informal 
                hearing on such order.
            ``(3) Compliance.--Compliance with requirements under this 
        subsection shall not be required before the period ending 3 
        years after the date of enactment of the Family Smoking 
        Prevention and Tobacco Control Act.
    ``(f) Research and Development.--The Secretary may enter into 
contracts for research, testing, and demonstrations respecting tobacco 
products and may obtain tobacco products for research, testing, and 
demonstration purposes without regard to section 3324(a) and (b) of 
title 31, United States Code, and section 5 of title 41, United States 
Code.

``SEC. 907. TOBACCO PRODUCT STANDARDS.

    ``(a) In General.--
            ``(1) Special rule for cigarettes.--A cigarette or any of 
        its component parts (including the tobacco, filter, or paper) 
        shall not contain, as a constituent (including a smoke 
        constituent) or additive, an artificial or natural flavor 
        (other than tobacco or menthol) or an herb or spice, including 
        strawberry, grape, orange, clove, cinnamon, pineapple, vanilla, 
        coconut, licorice, cocoa, chocolate, cherry, or coffee, that is 
        a characterizing flavor of the tobacco product or tobacco 
        smoke. Nothing in this subparagraph shall be construed to limit 
        the Secretary's authority to take action under this section or 
        other sections of this Act applicable to menthol or any 
        artificial or natural flavor, herb, or spice not specified in 
        this paragraph.
            ``(2) Revision of tobacco product standards.--The Secretary 
        may revise the tobacco product standards in paragraph (1) in 
        accordance with subsection (b).
            ``(3) Tobacco product standards.--The Secretary may adopt 
        tobacco product standards in addition to those in paragraph (1) 
        if the Secretary finds that a tobacco product standard is 
        appropriate for the protection of the public health. This 
        finding shall be determined with respect to the risks and 
        benefits to the population as a whole, including users and non-
        users of the tobacco product, and taking into account--
                    ``(A) the increased or decreased likelihood that 
                existing users of tobacco products will stop using such 
                products; and
                    ``(B) the increased or decreased likelihood that 
                those who do not use tobacco products will start using 
                such products.
            ``(4) Content of tobacco product standards.--A tobacco 
        product standard established under this section for a tobacco 
        product--
                    ``(A) shall include provisions that are appropriate 
                for the protection of the public health, including 
                provisions, where appropriate--
                            ``(i) for the reduction of nicotine yields 
                        of the product;
                            ``(ii) for the reduction or elimination of 
                        other constituents, including smoke 
                        constituents, or harmful components of the 
                        product; or
                            ``(iii) relating to any other requirement 
                        under (B);
                    ``(B) shall, where appropriate for the protection 
                of the public health, include--
                            ``(i) provisions respecting the 
                        construction, components, ingredients, 
                        additives, constituents, including smoke 
                        constituents, and properties of the tobacco 
                        product;
                            ``(ii) provisions for the testing (on a 
                        sample basis or, if necessary, on an individual 
                        basis) of the tobacco product;
                            ``(iii) provisions for the measurement of 
                        the tobacco product characteristics of the 
                        tobacco product;
                            ``(iv) provisions requiring that the 
                        results of each or of certain of the tests of 
                        the tobacco product required to be made under 
                        clause (ii) show that the tobacco product is in 
                        conformity with the portions of the standard 
                        for which the test or tests were required; and
                            ``(v) a provision requiring that the sale 
                        and distribution of the tobacco product be 
                        restricted but only to the extent that the sale 
                        and distribution of a tobacco product may be 
                        restricted under a regulation under section 
                        906(d); and
                    ``(C) shall, where appropriate, require the use and 
                prescribe the form and content of labeling for the 
                proper use of the tobacco product.
            ``(5) Periodic re-evaluation of tobacco product 
        standards.--The Secretary shall provide for periodic evaluation 
        of tobacco product standards established under this section to 
        determine whether such standards should be changed to reflect 
        new medical, scientific, or other technological data. The 
        Secretary may provide for testing under paragraph (4)(B) by any 
        person.
            ``(6) Involvement of other agencies; informed persons.--In 
        carrying out duties under this section, the Secretary shall 
        endeavor to--
                    ``(A) use personnel, facilities, and other 
                technical support available in other Federal agencies;
                    ``(B) consult with other Federal agencies concerned 
                with standard-setting and other nationally or 
                internationally recognized standard-setting entities; 
                and
                    ``(C) invite appropriate participation, through 
                joint or other conferences, workshops, or other means, 
                by informed persons representative of scientific, 
                professional, industry, agricultural, or consumer 
                organizations who in the Secretary's judgment can make 
                a significant contribution.
    ``(b) Establishment of Standards.--
            ``(1) Notice.--
                    ``(A) In general.--The Secretary shall publish in 
                the Federal Register a notice of proposed rulemaking 
                for the establishment, amendment, or revocation of any 
                tobacco product standard.
                    ``(B) Requirements of notice.--A notice of proposed 
                rulemaking for the establishment or amendment of a 
                tobacco product standard for a tobacco product shall--
                            ``(i) set forth a finding with supporting 
                        justification that the tobacco product standard 
                        is appropriate for the protection of the public 
                        health;
                            ``(ii) set forth proposed findings with 
                        respect to the risk of illness or injury that 
                        the tobacco product standard is intended to 
                        reduce or eliminate; and
                            ``(iii) invite interested persons to submit 
                        an existing tobacco product standard for the 
                        tobacco product, including a draft or proposed 
                        tobacco product standard, for consideration by 
                        the Secretary.
                    ``(C) Standard.--Upon a determination by the 
                Secretary that an additive, constituent (including 
                smoke constituent), or other component of the product 
                that is the subject of the proposed tobacco product 
                standard is harmful, it shall be the burden of any 
                party challenging the proposed standard to prove that 
                the proposed standard will not reduce or eliminate the 
                risk of illness or injury.
                    ``(D) Finding.--A notice of proposed rulemaking for 
                the revocation of a tobacco product standard shall set 
                forth a finding with supporting justification that the 
                tobacco product standard is no longer appropriate for 
                the protection of the public health.
                    ``(E) Consideration by secretary.--The Secretary 
                shall consider all information submitted in connection 
                with a proposed standard, including information 
                concerning the countervailing effects of the tobacco 
                product standard on the health of adolescent tobacco 
                users, adult tobacco users, or non-tobacco users, such 
                as the creation of a significant demand for contraband 
                or other tobacco products that do not meet the 
                requirements of this chapter and the significance of 
                such demand, and shall issue the standard if the 
                Secretary determines that the standard would be 
                appropriate for the protection of the public health.
                    ``(F) Comment.--The Secretary shall provide for a 
                comment period of not less than 60 days.
            ``(2) Promulgation.--
                    ``(A) In general.--After the expiration of the 
                period for comment on a notice of proposed rulemaking 
                published under paragraph (1) respecting a tobacco 
                product standard and after consideration of such 
                comments and any report from the Tobacco Products 
                Scientific Advisory Committee, the Secretary shall--
                            ``(i) promulgate a regulation establishing 
                        a tobacco product standard and publish in the 
                        Federal Register findings on the matters 
                        referred to in paragraph (1); or
                            ``(ii) publish a notice terminating the 
                        proceeding for the development of the standard 
                        together with the reasons for such termination.
                    ``(B) Effective date.--A regulation establishing a 
                tobacco product standard shall set forth the date or 
                dates upon which the standard shall take effect, but no 
                such regulation may take effect before 1 year after the 
                date of its publication unless the Secretary determines 
                that an earlier effective date is necessary for the 
                protection of the public health. Such date or dates 
                shall be established so as to minimize, consistent with 
                the public health, economic loss to, and disruption or 
                dislocation of, domestic and international trade.
            ``(3) Power reserved to congress.--Because of the 
        importance of a decision of the Secretary to issue a regulation 
        establishing a tobacco product standard--
                    ``(A) banning all cigarettes, all smokeless tobacco 
                products, all little cigars, all cigars other than 
                little cigars, all pipe tobacco, or all roll your own 
                tobacco products; or
                    ``(B) requiring the reduction of nicotine yields of 
                a tobacco product to zero,
        Congress expressly reserves to itself such power.
            ``(4) Amendment; revocation.--
                    ``(A) Authority.--The Secretary, upon the 
                Secretary's own initiative or upon petition of an 
                interested person may by a regulation, promulgated in 
                accordance with the requirements of paragraphs (1) and 
                (2)(B), amend or revoke a tobacco product standard.
                    ``(B) Effective date.--The Secretary may declare a 
                proposed amendment of a tobacco product standard to be 
                effective on and after its publication in the Federal 
                Register and until the effective date of any final 
                action taken on such amendment if the Secretary 
                determines that making it so effective is in the public 
                interest.
            ``(5) Reference to advisory committee.--The Secretary may--
                    ``(A) on the Secretary's own initiative, refer a 
                proposed regulation for the establishment, amendment, 
                or revocation of a tobacco product standard; or
                    ``(B) upon the request of an interested person 
                which demonstrates good cause for referral and which is 
                made before the expiration of the period for submission 
                of comments on such proposed regulation,
refer such proposed regulation to the Tobacco Products Scientific 
Advisory Committee, for a report and recommendation with respect to any 
matter involved in the proposed regulation which requires the exercise 
of scientific judgment. If a proposed regulation is referred under this 
paragraph to the Tobacco Products Scientific Advisory Committee, the 
Secretary shall provide the advisory committee with the data and 
information on which such proposed regulation is based. The Tobacco 
Products Scientific Advisory Committee shall, within 60 days after the 
referral of a proposed regulation and after independent study of the 
data and information furnished to it by the Secretary and other data 
and information before it, submit to the Secretary a report and 
recommendation respecting such regulation, together with all underlying 
data and information and a statement of the reason or basis for the 
recommendation. A copy of such report and recommendation shall be made 
public by the Secretary.

``SEC. 908. NOTIFICATION AND OTHER REMEDIES.

    ``(a) Notification.--If the Secretary determines that--
            ``(1) a tobacco product which is introduced or delivered 
        for introduction into interstate commerce for commercial 
        distribution presents an unreasonable risk of substantial harm 
        to the public health; and
            ``(2) notification under this subsection is necessary to 
        eliminate the unreasonable risk of such harm and no more 
        practicable means is available under the provisions of this 
        chapter (other than this section) to eliminate such risk,
the Secretary may issue such order as may be necessary to assure that 
adequate notification is provided in an appropriate form, by the 
persons and means best suited under the circumstances involved, to all 
persons who should properly receive such notification in order to 
eliminate such risk. The Secretary may order notification by any 
appropriate means, including public service announcements. Before 
issuing an order under this subsection, the Secretary shall consult 
with the persons who are to give notice under the order.
    ``(b) No Exemption From Other Liability.--Compliance with an order 
issued under this section shall not relieve any person from liability 
under Federal or State law. In awarding damages for economic loss in an 
action brought for the enforcement of any such liability, the value to 
the plaintiff in such action of any remedy provided under such order 
shall be taken into account.
    ``(c) Recall Authority.--
            ``(1) In general.--If the Secretary finds that there is a 
        reasonable probability that a tobacco product contains a 
        manufacturing or other defect not ordinarily contained in 
        tobacco products on the market that would cause serious, 
        adverse health consequences or death, the Secretary shall issue 
        an order requiring the appropriate person (including the 
        manufacturers, importers, distributors, or retailers of the 
        tobacco product) to immediately cease distribution of such 
        tobacco product. The order shall provide the person subject to 
        the order with an opportunity for an informal hearing, to be 
        held not later than 10 days after the date of the issuance of 
        the order, on the actions required by the order and on whether 
        the order should be amended to require a recall of such tobacco 
        product. If, after providing an opportunity for such a hearing, 
        the Secretary determines that inadequate grounds exist to 
        support the actions required by the order, the Secretary shall 
        vacate the order.
            ``(2) Amendment of order to require recall.--
                    ``(A) In general.--If, after providing an 
                opportunity for an informal hearing under paragraph 
                (1), the Secretary determines that the order should be 
                amended to include a recall of the tobacco product with 
                respect to which the order was issued, the Secretary 
                shall, except as provided in subparagraph (B), amend 
                the order to require a recall. The Secretary shall 
                specify a timetable in which the tobacco product recall 
                will occur and shall require periodic reports to the 
                Secretary describing the progress of the recall.
                    ``(B) Notice.--An amended order under subparagraph 
                (A)--
                            ``(i) shall not include recall of a tobacco 
                        product from individuals; and
                            ``(ii) shall provide for notice to persons 
                        subject to the risks associated with the use of 
                        such tobacco product.
                In providing the notice required by clause (ii), the 
                Secretary may use the assistance of retailers and other 
                persons who distributed such tobacco product. If a 
                significant number of such persons cannot be 
                identified, the Secretary shall notify such persons 
                under section 705(b).
            ``(3) Remedy not exclusive.--The remedy provided by this 
        subsection shall be in addition to remedies provided by 
        subsection (a) of this section.

``SEC. 909. RECORDS AND REPORTS ON TOBACCO PRODUCTS.

    ``(a) In General.--Every person who is a tobacco product 
manufacturer or importer of a tobacco product shall establish and 
maintain such records, make such reports, and provide such information, 
as the Secretary may by regulation reasonably require to assure that 
such tobacco product is not adulterated or misbranded and to otherwise 
protect public health. Regulations prescribed under the preceding 
sentence--
            ``(1) may require a tobacco product manufacturer or 
        importer to report to the Secretary whenever the manufacturer 
        or importer receives or otherwise becomes aware of information 
        that reasonably suggests that one of its marketed tobacco 
        products may have caused or contributed to a serious unexpected 
        adverse experience associated with the use of the product or 
        any significant increase in the frequency of a serious, 
        expected adverse product experience;
            ``(2) shall require reporting of other significant adverse 
        tobacco product experiences as determined by the Secretary to 
        be necessary to be reported;
            ``(3) shall not impose requirements unduly burdensome to a 
        tobacco product manufacturer or importer, taking into account 
        the cost of complying with such requirements and the need for 
        the protection of the public health and the implementation of 
        this chapter;
            ``(4) when prescribing the procedure for making requests 
        for reports or information, shall require that each request 
        made under such regulations for submission of a report or 
        information to the Secretary state the reason or purpose for 
        such request and identify to the fullest extent practicable 
        such report or information;
            ``(5) when requiring submission of a report or information 
        to the Secretary, shall state the reason or purpose for the 
        submission of such report or information and identify to the 
        fullest extent practicable such report or information; and
            ``(6) may not require that the identity of any patient or 
        user be disclosed in records, reports, or information required 
        under this subsection unless required for the medical welfare 
        of an individual, to determine risks to public health of a 
        tobacco product, or to verify a record, report, or information 
        submitted under this chapter.
In prescribing regulations under this subsection, the Secretary shall 
have due regard for the professional ethics of the medical profession 
and the interests of patients. The prohibitions of paragraph (6) 
continue to apply to records, reports, and information concerning any 
individual who has been a patient, irrespective of whether or when he 
ceases to be a patient.
    ``(b) Reports of Removals and Corrections.--
            ``(1) In general.--Except as provided in paragraph (2), the 
        Secretary shall by regulation require a tobacco product 
        manufacturer or importer of a tobacco product to report 
        promptly to the Secretary any corrective action taken or 
        removal from the market of a tobacco product undertaken by such 
        manufacturer or importer if the removal or correction was 
        undertaken--
                    ``(A) to reduce a risk to health posed by the 
                tobacco product; or
                    ``(B) to remedy a violation of this chapter caused 
                by the tobacco product which may present a risk to 
                health.
        A tobacco product manufacturer or importer of a tobacco product 
        who undertakes a corrective action or removal from the market 
        of a tobacco product which is not required to be reported under 
        this subsection shall keep a record of such correction or 
        removal.
            ``(2) Exception.--No report of the corrective action or 
        removal of a tobacco product may be required under paragraph 
        (1) if a report of the corrective action or removal is required 
        and has been submitted under subsection (a).

``SEC. 910. APPLICATION FOR REVIEW OF CERTAIN TOBACCO PRODUCTS.

    ``(a) In General.--
            ``(1) New tobacco product defined.--For purposes of this 
        section the term `new tobacco product' means--
                    ``(A) any tobacco product (including those products 
                in test markets) that was not commercially marketed in 
                the United States as of June 1, 2003; or
                    ``(B) any modification (including a change in 
                design, any component, any part, or any constituent, 
                including a smoke constituent, or in the content, 
                delivery or form of nicotine, or any other additive or 
                ingredient) of a tobacco product where the modified 
                product was commercially marketed in the United States 
                after June 1, 2003.
            ``(2) Premarket approval required.--
                    ``(A) New products.--Approval under this section of 
                an application for premarket approval for any new 
                tobacco product is required unless--
                            ``(i) the manufacturer has submitted a 
                        report under section 905(j); and
                            ``(ii) the Secretary has issued an order 
                        that the tobacco product--
                                    ``(I) is substantially equivalent 
                                to a tobacco product commercially 
                                marketed (other than for test 
                                marketing) in the United States as of 
                                June 1, 2003; and
                                    ``(II)(aa) is in compliance with 
                                the requirements of this Act; or
                                    ``(bb) is exempt from the 
                                requirements of section 905(j) pursuant 
                                to a regulation issued under section 
                                905(j)(3).
                    ``(B) Application to certain post june 1, 2003 
                products.--Subparagraph (A) shall not apply to a 
                tobacco product--
                            ``(i) that was first introduced or 
                        delivered for introduction into interstate 
                        commerce for commercial distribution in the 
                        United States after June 1, 2003, and prior to 
                        the date that is 15 months after the date of 
                        enactment of the Family Smoking Prevention and 
                        Tobacco Control Act; and
                            ``(ii) for which a report was submitted 
                        under section 905(j) within such 15-month 
                        period, until the Secretary issues an order 
                        that the tobacco product is not substantially 
                        equivalent.
            ``(3) Substantially equivalent defined.--
                    ``(A) In general.--In this section and section 
                905(j), the terms `substantially equivalent' or 
                `substantial equivalence' mean, with respect to the 
                tobacco product being compared to the predicate tobacco 
                product, that the Secretary by order has found that the 
                tobacco product--
                            ``(i) has the same characteristics as the 
                        predicate tobacco product; or
                            ``(ii) has different characteristics and 
                        the information submitted contains information, 
                        including clinical data if deemed necessary by 
                        the Secretary, that demonstrates that it is not 
                        appropriate to regulate the product under this 
                        section because the product does not raise 
                        different questions of public health.
                    ``(B) Characteristics.--In subparagraph (A), the 
                term `characteristics' means the materials, 
                ingredients, design, composition, heating source, or 
                other features of a tobacco product.
                    ``(C) Limitation.--A tobacco product may not be 
                found to be substantially equivalent to a predicate 
                tobacco product that has been removed from the market 
                at the initiative of the Secretary or that has been 
                determined by a judicial order to be misbranded or 
                adulterated.
            ``(4) Health information.--
                    ``(A) Summary.--As part of a submission under 
                section 905(j) respecting a tobacco product, the person 
                required to file a premarket notification under such 
                section shall provide an adequate summary of any health 
                information related to the tobacco product or state 
                that such information will be made available upon 
                request by any person.
                    ``(B) Required information.--Any summary under 
                subparagraph (A) respecting a tobacco product shall 
                contain detailed information regarding data concerning 
                adverse health effects and shall be made available to 
                the public by the Secretary within 30 days of the 
                issuance of a determination that such tobacco product 
                is substantially equivalent to another tobacco product.
    ``(b) Application.--
            ``(1) Contents.--An application for premarket approval 
        shall contain--
                    ``(A) full reports of all information, published or 
                known to, or which should reasonably be known to, the 
                applicant, concerning investigations which have been 
                made to show the health risks of such tobacco product 
                and whether such tobacco product presents less risk 
                than other tobacco products;
                    ``(B) a full statement of the components, 
                ingredients, additives, and properties, and of the 
                principle or principles of operation, of such tobacco 
                product;
                    ``(C) a full description of the methods used in, 
                and the facilities and controls used for, the 
                manufacture, processing, and, when relevant, packing 
                and installation of, such tobacco product;
                    ``(D) an identifying reference to any tobacco 
                product standard under section 907 which would be 
                applicable to any aspect of such tobacco product, and 
                either adequate information to show that such aspect of 
                such tobacco product fully meets such tobacco product 
                standard or adequate information to justify any 
                deviation from such standard;
                    ``(E) such samples of such tobacco product and of 
                components thereof as the Secretary may reasonably 
                require;
                    ``(F) specimens of the labeling proposed to be used 
                for such tobacco product; and
                    ``(G) such other information relevant to the 
                subject matter of the application as the Secretary may 
                require.
            ``(2) Reference to tobacco products scientific advisory 
        committee.--Upon receipt of an application meeting the 
        requirements set forth in paragraph (1), the Secretary--
                    ``(A) may, on the Secretary's own initiative; or
                    ``(B) may, upon the request of an applicant,
        refer such application to the Tobacco Products Scientific 
        Advisory Committee for reference and for submission (within 
        such period as the Secretary may establish) of a report and 
        recommendation respecting approval of the application, together 
        with all underlying data and the reasons or basis for the 
        recommendation.
    ``(c) Action on Application.--
            ``(1) Deadline.--
                    ``(A) In general.--As promptly as possible, but in 
                no event later than 180 days after the receipt of an 
                application under subsection (b), the Secretary, after 
                considering the report and recommendation submitted 
                under paragraph (2) of such subsection, shall--
                            ``(i) issue an order approving the 
                        application if the Secretary finds that none of 
                        the grounds for denying approval specified in 
                        paragraph (2) of this subsection applies; or
                            ``(ii) deny approval of the application if 
                        the Secretary finds (and sets forth the basis 
                        for such finding as part of or accompanying 
                        such denial) that 1 or more grounds for denial 
                        specified in paragraph (2) of this subsection 
                        apply.
                    ``(B) Restrictions on sale and distribution.--An 
                order approving an application for a tobacco product 
                may require as a condition to such approval that the 
                sale and distribution of the tobacco product be 
                restricted but only to the extent that the sale and 
                distribution of a tobacco product may be restricted 
                under a regulation under section 906(d).
            ``(2) Denial of approval.--The Secretary shall deny 
        approval of an application for a tobacco product if, upon the 
        basis of the information submitted to the Secretary as part of 
        the application and any other information before the Secretary 
        with respect to such tobacco product, the Secretary finds 
        that--
                    ``(A) there is a lack of a showing that permitting 
                such tobacco product to be marketed would be 
                appropriate for the protection of the public health;
                    ``(B) the methods used in, or the facilities or 
                controls used for, the manufacture, processing, or 
                packing of such tobacco product do not conform to the 
                requirements of section 906(e);
                    ``(C) based on a fair evaluation of all material 
                facts, the proposed labeling is false or misleading in 
                any particular; or
                    ``(D) such tobacco product is not shown to conform 
                in all respects to a tobacco product standard in effect 
                under section 907, compliance with which is a condition 
                to approval of the application, and there is a lack of 
                adequate information to justify the deviation from such 
                standard.
            ``(3) Denial information.--Any denial of an application 
        shall, insofar as the Secretary determines to be practicable, 
        be accompanied by a statement informing the applicant of the 
        measures required to place such application in approvable form 
        (which measures may include further research by the applicant 
        in accordance with 1 or more protocols prescribed by the 
        Secretary).
            ``(4) Basis for finding.--For purposes of this section, the 
        finding as to whether approval of a tobacco product is 
        appropriate for the protection of the public health shall be 
        determined with respect to the risks and benefits to the 
        population as a whole, including users and nonusers of the 
        tobacco product, and taking into account--
                    ``(A) the increased or decreased likelihood that 
                existing users of tobacco products will stop using such 
                products; and
                    ``(B) the increased or decreased likelihood that 
                those who do not use tobacco products will start using 
                such products.
            ``(5) Basis for action.--
                    ``(A) Investigations.--For purposes of paragraph 
                (2)(A), whether permitting a tobacco product to be 
                marketed would be appropriate for the protection of the 
                public health shall, when appropriate, be determined on 
                the basis of well-controlled investigations, which may 
                include 1 or more clinical investigations by experts 
                qualified by training and experience to evaluate the 
                tobacco product.
                    ``(B) Other evidence.--If the Secretary determines 
                that there exists valid scientific evidence (other than 
                evidence derived from investigations described in 
                subparagraph (A)) which is sufficient to evaluate the 
                tobacco product the Secretary may authorize that the 
                determination for purposes of paragraph (2)(A) be made 
                on the basis of such evidence.
    ``(d) Withdrawal and Temporary Suspension.--
            ``(1) In general.--The Secretary shall, upon obtaining, 
        where appropriate, advice on scientific matters from an 
        advisory committee, and after due notice and opportunity for 
        informal hearing to the holder of an approved application for a 
        tobacco product, issue an order withdrawing approval of the 
        application if the Secretary finds--
                    ``(A) that the continued marketing of such tobacco 
                product no longer is appropriate for the protection of 
                the public health;
                    ``(B) that the application contained or was 
                accompanied by an untrue statement of a material fact;
                    ``(C) that the applicant--
                            ``(i) has failed to establish a system for 
                        maintaining records, or has repeatedly or 
                        deliberately failed to maintain records or to 
                        make reports, required by an applicable 
                        regulation under section 909;
                            ``(ii) has refused to permit access to, or 
                        copying or verification of, such records as 
                        required by section 704; or
                            ``(iii) has not complied with the 
                        requirements of section 905;
                    ``(D) on the basis of new information before the 
                Secretary with respect to such tobacco product, 
                evaluated together with the evidence before the 
                Secretary when the application was approved, that the 
                methods used in, or the facilities and controls used 
                for, the manufacture, processing, packing, or 
                installation of such tobacco product do not conform 
                with the requirements of section 906(e) and were not 
                brought into conformity with such requirements within a 
                reasonable time after receipt of written notice from 
                the Secretary of nonconformity;
                    ``(E) on the basis of new information before the 
                Secretary, evaluated together with the evidence before 
                the Secretary when the application was approved, that 
                the labeling of such tobacco product, based on a fair 
                evaluation of all material facts, is false or 
                misleading in any particular and was not corrected 
                within a reasonable time after receipt of written 
                notice from the Secretary of such fact; or
                    ``(F) on the basis of new information before the 
                Secretary, evaluated together with the evidence before 
                the Secretary when the application was approved, that 
                such tobacco product is not shown to conform in all 
                respects to a tobacco product standard which is in 
                effect under section 907, compliance with which was a 
                condition to approval of the application, and that 
                there is a lack of adequate information to justify the 
                deviation from such standard.
            ``(2) Appeal.--The holder of an application subject to an 
        order issued under paragraph (1) withdrawing approval of the 
        application may, by petition filed on or before the 30th day 
        after the date upon which such holder receives notice of such 
        withdrawal, obtain review thereof in accordance with subsection 
        (e).
            ``(3) Temporary suspension.--If, after providing an 
        opportunity for an informal hearing, the Secretary determines 
        there is reasonable probability that the continuation of 
        distribution of a tobacco product under an approved application 
        would cause serious, adverse health consequences or death, that 
        is greater than ordinarily caused by tobacco products on the 
        market, the Secretary shall by order temporarily suspend the 
        approval of the application approved under this section. If the 
        Secretary issues such an order, the Secretary shall proceed 
        expeditiously under paragraph (1) to withdraw such application.
    ``(e) Service of Order.--An order issued by the Secretary under 
this section shall be served--
            ``(1) in person by any officer or employee of the 
        department designated by the Secretary; or
            ``(2) by mailing the order by registered mail or certified 
        mail addressed to the applicant at the applicant's last known 
        address in the records of the Secretary.
    ``(f) Records.--
            ``(1) Additional information.--In the case of any tobacco 
        product for which an approval of an application filed under 
        subsection (b) is in effect, the applicant shall establish and 
        maintain such records, and make such reports to the Secretary, 
        as the Secretary may by regulation, or by order with respect to 
        such application, prescribe on the basis of a finding that such 
        records and reports are necessary in order to enable the 
        Secretary to determine, or facilitate a determination of, 
        whether there is or may be grounds for withdrawing or 
        temporarily suspending such approval.
            ``(2) Access to records.--Each person required under this 
        section to maintain records, and each person in charge or 
        custody thereof, shall, upon request of an officer or employee 
        designated by the Secretary, permit such officer or employee at 
        all reasonable times to have access to and copy and verify such 
        records.
    ``(g) Investigational Tobacco Product Exemption for Investigational 
Use.--The Secretary may exempt tobacco products intended for 
investigational use from the provisions of this chapter under such 
conditions as the Secretary may by regulation prescribe.

``SEC. 911. MODIFIED RISK TOBACCO PRODUCTS.

    ``(a) In General.--No person may introduce or deliver for 
introduction into interstate commerce any modified risk tobacco product 
unless approval of an application filed pursuant to subsection (d) is 
effective with respect to such product.
    ``(b) Definitions.--In this section:
            ``(1) Modified risk tobacco product.--The term `modified 
        risk tobacco product' means any tobacco product that is sold or 
        distributed for use to reduce harm or the risk of tobacco-
        related disease associated with commercially marketed tobacco 
        products.
            ``(2) Sold or distributed.--
                    ``(A) In general.--With respect to a tobacco 
                product, the term `sold or distributed for use to 
                reduce harm or the risk of tobacco-related disease 
                associated with commercially marketed tobacco products' 
                means a tobacco product--
                            ``(A) the label, labeling, or advertising 
                        of which represents explicitly or implicitly 
                        that--
                                    ``(I) the tobacco product presents 
                                a lower risk of tobacco-related disease 
                                or is less harmful than one or more 
                                other commercially marketed tobacco 
                                products;
                                    ``(II) the tobacco product or its 
                                smoke contains a reduced level of a 
                                substance or presents a reduced 
                                exposure to a substance; or
                                    ``(III) the tobacco product or its 
                                smoke does not contain or is free of a 
                                substance;
                            ``(ii) the label, labeling, or advertising 
                        of which uses the descriptors `light', `mild', 
                        or `low' or similar descriptors; or
                            ``(iii) the tobacco product manufacturer of 
                        which has taken any action directed to 
                        consumers through the media or otherwise, other 
                        than by means of the tobacco product's label, 
                        labeling or advertising, after the date of 
                        enactment of the Family Smoking Prevention and 
                        Tobacco Control Act, respecting the product 
                        that would be reasonably expected to result in 
                        consumers believing that the tobacco product or 
                        its smoke may present a lower risk of disease 
                        or is less harmful than one or more 
                        commercially marketed tobacco products, or 
                        presents a reduced exposure to, or does not 
                        contain or is free of, a substance or 
                        substances.
                    ``(B) Limitation.--No tobacco product shall be 
                considered to be `sold or distributed for use to reduce 
                harm or the risk of tobacco-related disease associated 
                with commercially marketed tobacco products', except as 
                described in subparagraph (A).
    ``(c) Tobacco Dependence Products.--A product that is intended to 
be used for the treatment of tobacco dependence, including smoking 
cessation, is not a modified risk tobacco product under this section 
and is subject to the requirements of chapter V.
    ``(d) Filing.--Any person may file with the Secretary an 
application for a modified risk tobacco product. Such application shall 
include--
            ``(1) a description of the proposed product and any 
        proposed advertising and labeling;
            ``(2) the conditions for using the product;
            ``(3) the formulation of the product;
            ``(4) sample product labels and labeling;
            ``(5) all documents (including underlying scientific 
        information) relating to research findings conducted, 
        supported, or possessed by the tobacco product manufacturer 
        relating to the effect of the product on tobacco related 
        diseases and health-related conditions, including information 
        both favorable and unfavorable to the ability of the product to 
        reduce risk or exposure and relating to human health;
            ``(6) data and information on how consumers actually use 
        the tobacco product; and
            ``(7) such other information as the Secretary may require.
    ``(e) Public Availability.--The Secretary shall make the 
application described in subsection (d) publicly available (except 
matters in the application which are trade secrets or otherwise 
confidential, commercial information) and shall request comments by 
interested persons on the information contained in the application and 
on the label, labeling, and advertising accompanying such application.
    ``(f) Advisory Committee.--
            ``(1) In general.--The Secretary shall refer to an advisory 
        committee any application submitted under this subsection.
            ``(2) Recommendations.--Not later than 60 days after the 
        date an application is referred to an advisory committee under 
        paragraph (1), the advisory committee shall report its 
        recommendations on the application to the Secretary.
    ``(g) Approval.--
            ``(1) Modified risk products.--Except as provided in 
        paragraph (2), the Secretary shall approve an application for a 
        modified risk tobacco product filed under this section only if 
        the Secretary determines that the applicant has demonstrated 
        that such product, as it is actually used by consumers, will--
                    ``(A) significantly reduce harm and the risk of 
                tobacco-related disease to individual tobacco users; 
                and
                    ``(B) benefit the health of the population as a 
                whole taking into account both users of tobacco 
                products and persons who do not currently use tobacco 
                products.
            ``(2) Special rule for certain products.--
                    ``(A) In general.--The Secretary may approve an 
                application for a tobacco product that has not been 
                approved as a modified risk tobacco product pursuant to 
                paragraph (1) if the Secretary makes the findings 
                required under this paragraph and determines that the 
                applicant has demonstrated that--
                            ``(i) the approval of the application would 
                        be appropriate to promote the public health;
                            ``(ii) any aspect of the label, labeling, 
                        and advertising for such product that would 
                        cause the tobacco product to be a modified risk 
                        tobacco product under subsection (b)(2) is 
                        limited to an explicit or implicit 
                        representation that such tobacco product or its 
                        smoke contains or is free of a substance or 
                        contains a reduced level of a substance, or 
                        presents a reduced exposure to a substance in 
                        tobacco smoke.
                            ``(iii) scientific evidence is not 
                        available and, using the best available 
                        scientific methods, cannot be made available 
                        without conducting long-term epidemiological 
                        studies for an application to meet the 
                        standards set forth in paragraph (1); and
                            ``(iv) the scientific evidence that is 
                        available without conducting long-term 
                        epidemiological studies demonstrates that a 
                        measurable and substantial reduction in 
                        morbidity or mortality among individual tobacco 
                        users is anticipated in subsequent studies.
                    ``(B) Additional findings required.--In order to 
                approve an application under subparagraph (A) the 
                Secretary must also find that the applicant has 
                demonstrated that--
                            ``(i) the magnitude of the overall 
                        reductions in exposure to the substance or 
                        substances which are the subject of the 
                        application is substantial, such substance or 
                        substances are harmful, and the product as 
                        actually used exposes consumers to the 
                        specified reduced level of the substance or 
                        substances;
                            ``(ii) the product as actually used by 
                        consumers will not expose them to higher levels 
                        of other harmful substances compared to the 
                        similar types of tobacco products then on the 
                        market unless such increases are minimal and 
                        the anticipated overall impact of use of the 
                        product remains a substantial and measurable 
                        reduction in overall morbidity and mortality 
                        among individual tobacco users;
                            ``(iii) testing of actual consumer 
                        perception shows that, as the applicant 
                        proposes to label and market the product, 
                        consumers will not be misled into believing 
                        that the product--
                                    ``(I) is or has been demonstrated 
                                to be less harmful; or
                                    ``(II) presents or has been 
                                demonstrated to present less of a risk 
                                of disease than 1 or more other 
                                commercially marketed tobacco products; 
                                and
                            ``(iv) approval of the application is 
                        expected to benefit the health of the 
                        population as a whole taking into account both 
                        users of tobacco products and persons who do 
                        not currently use tobacco products.
                    ``(C) Conditions of approval.--
                            ``(i) In general.--Applications approved 
                        under this paragraph shall be limited to a term 
                        of not more than 5 years, but may be renewed 
                        upon a finding by the Secretary that the 
                        requirements of this paragraph continue to be 
                        satisfied based on the filing of a new 
                        application.
                            ``(ii) Agreements by applicant.--
                        Applications approved under this paragraph 
                        shall be conditioned on the applicant's 
                        agreement to conduct post-market surveillance 
                        and studies and to submit to the Secretary the 
                        results of such surveillance and studies to 
                        determine the impact of the application 
                        approval on consumer perception, behavior, and 
                        health and to enable the Secretary to review 
                        the accuracy of the determinations upon which 
                        the approval was based in accordance with a 
                        protocol approved by the Secretary.
                            ``(iii) Annual submission.--The results of 
                        such post-market surveillance and studies 
                        described in clause (ii) shall be submitted 
                        annually.
            ``(3) Basis.--The determinations under paragraphs (1) and 
        (2) shall be based on--
                    ``(A) the scientific evidence submitted by the 
                applicant; and
                    ``(B) scientific evidence and other information 
                that is available to the Secretary.
            ``(4) Benefit to health of individuals and of population as 
        a whole.--In making the determinations under paragraphs (1) and 
        (2), the Secretary shall take into account--
                    ``(A) the relative health risks to individuals of 
                the tobacco product that is the subject of the 
                application;
                    ``(B) the increased or decreased likelihood that 
                existing users of tobacco products who would otherwise 
                stop using such products will switch to the tobacco 
                product that is the subject of the application;
                    ``(C) the increased or decreased likelihood that 
                persons who do not use tobacco products will start 
                using the tobacco product that is the subject of the 
                application;
                    ``(D) the risks and benefits to persons from the 
                use of the tobacco product that is the subject of the 
                application as compared to the use of products for 
                smoking cessation approved under chapter V to treat 
                nicotine dependence; and
                    ``(E) comments, data, and information submitted by 
                interested persons.
    ``(h) Additional Conditions for Approval.--
            ``(1) Modified risk products.--The Secretary shall require 
        for the approval of an application under this section that any 
        advertising or labeling concerning modified risk products 
        enable the public to comprehend the information concerning 
        modified risk and to understand the relative significance of 
        such information in the context of total health and in relation 
        to all of the diseases and health-related conditions associated 
        with the use of tobacco products.
            ``(2) Comparative claims.--
                    ``(A) In general.--The Secretary may require for 
                the approval of an application under this subsection 
                that a claim comparing a tobacco product to 1 or more 
                other commercially marketed tobacco products shall 
                compare the tobacco product to a commercially marketed 
                tobacco product that is representative of that type of 
                tobacco product on the market (for example the average 
                value of the top 3 brands of an established regular 
                tobacco product).
                    ``(B) Quantitative comparisons.--The Secretary may 
                also require, for purposes of subparagraph (A), that 
                the percent (or fraction) of change and identity of the 
                reference tobacco product and a quantitative comparison 
                of the amount of the substance claimed to be reduced 
                shall be stated in immediate proximity to the most 
                prominent claim.
            ``(3) Label disclosure.--
                    ``(A) In general.--The Secretary may require the 
                disclosure on the label of other substances in the 
                tobacco product, or substances that may be produced by 
                the consumption of that tobacco product, that may 
                affect a disease or health-related condition or may 
                increase the risk of other diseases or health-related 
                conditions associated with the use of tobacco products.
                    ``(B) Conditions of use.--If the conditions of use 
                of the tobacco product may affect the risk of the 
                product to human health, the Secretary may require the 
                labeling of conditions of use.
            ``(4) Time.--The Secretary shall limit an approval under 
        subsection (g)(1) for a specified period of time.
            ``(5) Advertising.--The Secretary may require that an 
        applicant, whose application has been approved under this 
        subsection, comply with requirements relating to advertising 
        and promotion of the tobacco product.
    ``(i) Postmarket Surveillance and Studies.--
            ``(1) In general.--The Secretary shall require that an 
        applicant under subsection (g)(1) conduct post market 
        surveillance and studies for a tobacco product for which an 
        application has been approved to determine the impact of the 
        application approval on consumer perception, behavior, and 
        health, to enable the Secretary to review the accuracy of the 
        determinations upon which the approval was based, and to 
        provide information that the Secretary determines is otherwise 
        necessary regarding the use or health risks involving the 
        tobacco product. The results of post-market surveillance and 
        studies shall be submitted to the Secretary on an annual basis.
            ``(2) Surveillance protocol.--Each applicant required to 
        conduct a surveillance of a tobacco product under paragraph (1) 
        shall, within 30 days after receiving notice that the applicant 
        is required to conduct such surveillance, submit, for the 
        approval of the Secretary, a protocol for the required 
        surveillance. The Secretary, within 60 days of the receipt of 
        such protocol, shall determine if the principal investigator 
        proposed to be used in the surveillance has sufficient 
        qualifications and experience to conduct such surveillance and 
        if such protocol will result in collection of the data or other 
        information designated by the Secretary as necessary to protect 
        the public health.
    ``(j) Withdrawal of Approval.--The Secretary, after an opportunity 
for an informal hearing, shall withdraw the approval of an application 
under this section if the Secretary determines that--
            ``(1) the applicant, based on new information, can no 
        longer make the demonstrations required under subsection (g), 
        or the Secretary can no longer make the determinations required 
        under subsection (g);
            ``(2) the application failed to include material 
        information or included any untrue statement of material fact;
            ``(3) any explicit or implicit representation that the 
        product reduces risk or exposure is no longer valid, including 
        if--
                    ``(A) a tobacco product standard is established 
                pursuant to section 907;
                    ``(B) an action is taken that affects the risks 
                presented by other commercially marketed tobacco 
                products that were compared to the product that is the 
                subject of the application; or
                    ``(C) any postmarket surveillance or studies reveal 
                that the approval of the application is no longer 
                consistent with the protection of the public health;
            ``(4) the applicant failed to conduct or submit the 
        postmarket surveillance and studies required under subsection 
        (g)(2)(C)(ii) or (i); or
            ``(5) the applicant failed to meet a condition imposed 
        under subsection (h).
    ``(k) Chapter IV or V.--A product approved in accordance with this 
section shall not be subject to chapter IV or V.
    ``(l) Implementing Regulations or Guidance.--
            ``(1) Scientific evidence.--Not later than 2 years after 
        the date of enactment of the Family Smoking Prevention and 
        Tobacco Control Act, the Secretary shall issue regulations or 
        guidance (or any combination thereof) on the scientific 
        evidence required for assessment and ongoing review of modified 
        risk tobacco products. Such regulations or guidance shall--
                    ``(A) establish minimum standards for scientific 
                studies needed prior to approval to show that a 
                substantial reduction in morbidity or mortality among 
                individual tobacco users is likely;
                    ``(B) include validated biomarkers, intermediate 
                clinical endpoints, and other feasible outcome 
                measures, as appropriate;
                    ``(C) establish minimum standards for post market 
                studies, that shall include regular and long-term 
                assessments of health outcomes and mortality, 
                intermediate clinical endpoints, consumer perception of 
                harm reduction, and the impact on quitting behavior and 
                new use of tobacco products, as appropriate;
                    ``(D) establish minimum standards for required 
                postmarket surveillance, including ongoing assessments 
                of consumer perception; and
                    ``(E) require that data from the required studies 
                and surveillance be made available to the Secretary 
                prior to the decision on renewal of a modified risk 
                tobacco product.
            ``(2) Consultation.--The regulations or guidance issued 
        under paragraph (1) shall be developed in consultation with the 
        Institute of Medicine, and with the input of other appropriate 
        scientific and medical experts, on the design and conduct of 
        such studies and surveillance.
            ``(3) Revision.--The regulations or guidance under 
        paragraph (1) shall be revised on a regular basis as new 
        scientific information becomes available.
            ``(4) New tobacco products.--Not later than 2 years after 
        the date of enactment of the Family Smoking Prevention and 
        Tobacco Control Act, the Secretary shall issue a regulation or 
        guidance that permits the filing of a single application for 
        any tobacco product that is a new tobacco product under section 
        910 and for which the applicant seeks approval as a modified 
        risk tobacco product under this section.
    ``(m) Distributors.--No distributor may take any action, after the 
date of enactment of the Family Smoking Prevention and Tobacco Control 
Act, with respect to a tobacco product that would reasonably be 
expected to result in consumers believing that the tobacco product or 
its smoke may present a lower risk of disease or is less harmful than 
one or more commercially marketed tobacco products, or presents a 
reduced exposure to, or does not contain or is free of, a substance or 
substances.

``SEC. 912. JUDICIAL REVIEW.

    ``(a) Right To Review.--
            ``(1) In general.--Not later than 30 days after--
                    ``(A) the promulgation of a regulation under 
                section 907 establishing, amending, or revoking a 
                tobacco product standard; or
                    ``(B) a denial of an application for approval under 
                section 910(c),
        any person adversely affected by such regulation or denial may 
        file a petition for judicial review of such regulation or 
        denial with the United States Court of Appeals for the District 
        of Columbia or for the circuit in which such person resides or 
        has their principal place of business.
            ``(2) Requirements.--
                    ``(A) Copy of petition.--A copy of the petition 
                filed under paragraph (1) shall be transmitted by the 
                clerk of the court involved to the Secretary.
                    ``(B) Record of proceedings.--On receipt of a 
                petition under subparagraph (A), the Secretary shall 
                file in the court in which such petition was filed--
                            ``(i) the record of the proceedings on 
                        which the regulation or order was based; and
                            ``(ii) a statement of the reasons for the 
                        issuance of such a regulation or order.
                    ``(C) Definition of record.--In this section, the 
                term `record' means--
                            ``(i) all notices and other matter 
                        published in the Federal Register with respect 
                        to the regulation or order reviewed;
                            ``(ii) all information submitted to the 
                        Secretary with respect to such regulation or 
                        order;
                            ``(iii) proceedings of any panel or 
                        advisory committee with respect to such 
                        regulation or order;
                            ``(iv) any hearing held with respect to 
                        such regulation or order; and
                            ``(v) any other information identified by 
                        the Secretary, in the administrative proceeding 
                        held with respect to such regulation or order, 
                        as being relevant to such regulation or order.
    ``(b) Standard of Review.--Upon the filing of the petition under 
subsection (a) for judicial review of a regulation or order, the court 
shall have jurisdiction to review the regulation or order in accordance 
with chapter 7 of title 5, United States Code, and to grant appropriate 
relief, including interim relief, as provided for in such chapter. A 
regulation or denial described in subsection (a) shall be reviewed in 
accordance with section 706(2)(A) of title 5, United States Code.
    ``(c) Finality of Judgment.--The judgment of the court affirming or 
setting aside, in whole or in part, any regulation or order shall be 
final, subject to review by the Supreme Court of the United States upon 
certiorari or certification, as provided in section 1254 of title 28, 
United States Code.
    ``(d) Other Remedies.--The remedies provided for in this section 
shall be in addition to, and not in lieu of, any other remedies 
provided by law.
    ``(e) Regulations and Orders Must Recite Basis in Record.--To 
facilitate judicial review, a regulation or order issued under section 
906, 907, 908, 909, 910, or 916 shall contain a statement of the 
reasons for the issuance of such regulation or order in the record of 
the proceedings held in connection with its issuance.

``SEC. 913. EQUAL TREATMENT OF RETAIL OUTLETS.

    ``The Secretary shall issue regulations to require that retail 
establishments for which the predominant business is the sale of 
tobacco products comply with any advertising restrictions applicable to 
retail establishments accessible to individuals under the age of 18.

``SEC. 914. JURISDICTION OF AND COORDINATION WITH THE FEDERAL TRADE 
              COMMISSION.

    ``(a) Jurisdiction.--
            ``(1) In general.--Except where expressly provided in this 
        chapter, nothing in this chapter shall be construed as limiting 
        or diminishing the authority of the Federal Trade Commission to 
        enforce the laws under its jurisdiction with respect to the 
        advertising, sale, or distribution of tobacco products.
            ``(2) Enforcement.--Any advertising that violates this 
        chapter or a provision of the regulations referred to in 
        section 1112 of the Family Smoking Prevention and Tobacco 
        Control Act, is an unfair or deceptive act or practice under 
        section 5(a) of the Federal Trade Commission Act (15 U.S.C. 
        45(a)) and shall be considered a violation of a rule 
        promulgated under section 18 of that Act (15 U.S.C. 57a).
    ``(b) Coordination.--With respect to the requirements of section 4 
of the Federal Cigarette Labeling and Advertising Act (15 U.S.C. 1333) 
and section 3 of the Comprehensive Smokeless Tobacco Health Education 
Act of 1986 (15 U.S.C. 4402)--
            ``(1) the Chairman of the Federal Trade Commission shall 
        coordinate with the Secretary concerning the enforcement of 
        such Act as such enforcement relates to unfair or deceptive 
        acts or practices in the advertising of cigarettes or smokeless 
        tobacco; and
            ``(2) the Secretary shall consult with the Chairman of such 
        Commission in revising the label statements and requirements 
        under such sections.

``SEC. 915. CONGRESSIONAL REVIEW PROVISIONS.

    ``In accordance with section 801 of title 5, United States Code, 
Congress shall review, and may disapprove, any rule under this chapter 
that is subject to section 801. This section and section 801 do not 
apply to the regulations referred to in section 1112 of the Family 
Smoking Prevention and Tobacco Control Act.

``SEC. 916. REGULATION REQUIREMENT.

    ``(a) Testing, Reporting, and Disclosure.--Not later than 24 months 
after the date of enactment of the Family Smoking Prevention and 
Tobacco Control Act, the Secretary, acting through the Commissioner of 
the Food and Drug Administration, shall promulgate regulations under 
this Act that meet the requirements of subsection (b).
    ``(b) Contents of Rules.--The regulations promulgated under 
subsection (a) shall require testing and reporting of tobacco product 
constituents, ingredients, and additives, including smoke constituents, 
by brand and sub-brand that the Secretary determines should be tested 
to protect the public health. The regulations may require that tobacco 
product manufacturers, packagers, or importers make disclosures 
relating to the results of the testing of tar and nicotine through 
labels or advertising or other appropriate means, and make disclosures 
regarding the results of the testing of other constituents, including 
smoke constituents, ingredients, or additives, that the Secretary 
determines should be disclosed to the public to protect the public 
health and will not mislead consumers about the risk of tobacco related 
disease.
    ``(c) Authority.--The Food and Drug Administration shall have the 
authority under this chapter to conduct or to require the testing, 
reporting, or disclosure of tobacco product constituents, including 
smoke constituents.

``SEC. 917. PRESERVATION OF STATE AND LOCAL AUTHORITY.

    ``(a) In General.--
            ``(1) Preservation.--Nothing in this chapter, or rules 
        promulgated under this chapter, shall be construed to limit the 
        authority of a Federal agency (including the Armed Forces), a 
        State or political subdivision of a State, or the government of 
        an Indian tribe to enact, adopt, promulgate, and enforce any 
        law, rule, regulation, or other measure with respect to tobacco 
        products that is in addition to, or more stringent than, 
        requirements established under this chapter, including a law, 
        rule, regulation, or other measure relating to or prohibiting 
        the sale, distribution, possession, exposure to, access to, 
        advertising and promotion of, or use of tobacco products by 
        individuals of any age, information reporting to the State, or 
        measures relating to fire safety standards for tobacco 
        products. No provision of this chapter shall limit or otherwise 
        affect any State, Tribal, or local taxation of tobacco 
        products.
            ``(2) Preemption of certain state and local requirements.--
                    ``(A) In general.--Except as provided in paragraph 
                (1) and subparagraph (B), no State or political 
                subdivision of a State may establish or continue in 
                effect with respect to a tobacco product any 
                requirement which is different from, or in addition to, 
                any requirement under the provisions of this chapter 
                relating to tobacco product standards, premarket 
                approval, adulteration, misbranding, labeling, 
                registration, good manufacturing standards, or reduced 
                risk products.
                    ``(B) Exception.--Subparagraph (A) does not apply 
                to requirements relating to the sale, distribution, 
                possession, information reporting to the State, 
                exposure to, access to, the advertising and promotion 
                of, or use of, tobacco products by individuals of any 
                age, or relating to fire safety standards for tobacco 
                products. Information disclosed to a State under 
                subparagraph (A) that is exempt from disclosure under 
                section 554(b)(4) of title 5, United States Code, shall 
                be treated as trade secret and confidential information 
                by the State.
    ``(b) Rule of Construction Regarding Product Liability.--No 
provision of this chapter relating to a tobacco product shall be 
construed to modify or otherwise affect any action or the liability of 
any person under the product liability law of any State.

``SEC. 918. TOBACCO PRODUCTS SCIENTIFIC ADVISORY COMMITTEE.

    ``(a) Establishment.--Not later than 1 year after the date of 
enactment of the Family Smoking Prevention and Tobacco Control Act, the 
Secretary shall establish a 11-member advisory committee, to be known 
as the `Tobacco Products Scientific Advisory Committee'.
    ``(b) Membership.--
            ``(1) In general.--
                    ``(A) Members.--The Secretary shall appoint as 
                members of the Tobacco Products Scientific Advisory 
                Committee individuals who are technically qualified by 
                training and experience in the medicine, medical 
                ethics, science, or technology involving the 
                manufacture, evaluation, or use of tobacco products, 
                who are of appropriately diversified professional 
                backgrounds. The committee shall be composed of--
                            ``(i) 7 individuals who are physicians, 
                        dentists, scientists, or health care 
                        professionals practicing in the area of 
                        oncology, pulmonology, cardiology, toxicology, 
                        pharmacology, addiction, or any other relevant 
                        specialty;
                            ``(ii) 1 individual who is an officer or 
                        employee of a State or local government or of 
                        the Federal Government;
                            ``(iii) 1 individual as a representative of 
                        the general public;
                            ``(iv) 1 individual as a representative of 
                        the interests in the tobacco manufacturing 
                        industry; and
                            ``(v) 1 individual as a representative of 
                        the interests of the tobacco growers.
                    ``(B) Nonvoting members.--The members of the 
                committee appointed under clauses (iv) and (v) of 
                subparagraph (A) shall serve as consultants to those 
                described in clauses (i) through (iii) of subparagraph 
                (A) and shall be nonvoting representatives.
            ``(2) Limitation.--The Secretary may not appoint to the 
        Advisory Committee any individual who is in the regular full-
        time employ of the Food and Drug Administration or any agency 
        responsible for the enforcement of this Act. The Secretary may 
        appoint Federal officials as ex officio members.
            ``(3) Chairperson.--The Secretary shall designate 1 of the 
        members of the Advisory Committee to serve as chairperson.
    ``(c) Duties.--The Tobacco Products Scientific Advisory Committee 
shall provide advice, information, and recommendations to the 
Secretary--
            ``(1) as provided in this chapter;
            ``(2) on the effects of the alteration of the nicotine 
        yields from tobacco products;
            ``(3) on whether there is a threshold level below which 
        nicotine yields do not produce dependence on the tobacco 
        product involved; and
            ``(4) on its review of other safety, dependence, or health 
        issues relating to tobacco products as requested by the 
        Secretary.
    ``(d) Compensation; Support; FACA.--
            ``(1) Compensation and travel.--Members of the Advisory 
        Committee who are not officers or employees of the United 
        States, while attending conferences or meetings of the 
        committee or otherwise engaged in its business, shall be 
        entitled to receive compensation at rates to be fixed by the 
        Secretary, which may not exceed the daily equivalent of the 
        rate in effect for level 4 of the Senior Executive Schedule 
        under section 5382 of title 5, United States Code, for each day 
        (including travel time) they are so engaged; and while so 
        serving away from their homes or regular places of business 
        each member may be allowed travel expenses, including per diem 
        in lieu of subsistence, as authorized by section 5703 of title 
        5, United States Code, for persons in the Government service 
        employed intermittently.
            ``(2) Administrative support.--The Secretary shall furnish 
        the Advisory Committee clerical and other assistance.
            ``(3) Nonapplication of faca.--Section 14 of the Federal 
        Advisory Committee Act (5 U.S.C. 
        App.) does not apply to the Advisory Committee.
    ``(e) Proceedings of Advisory Panels and Committees.--The Advisory 
Committee shall make and maintain a transcript of any proceeding of the 
panel or committee. Each such panel and committee shall delete from any 
transcript made under this subsection information which is exempt from 
disclosure under section 552(b) of title 5, United States Code.

``SEC. 919. DRUG PRODUCTS USED TO TREAT TOBACCO DEPENDENCE.

    The Secretary shall consider--
            ``(1) at the request of the applicant, designating nicotine 
        replacement products as fast track research and approval 
        products within the meaning of section 506;
            ``(2) direct the Commissioner to consider approving the 
        extended use of nicotine replacement products (such as nicotine 
        patches, nicotine gum, and nicotine lozenges) for the treatment 
        of tobacco dependence;
            ``(3) review and consider the evidence for additional 
        indications for nicotine replacement products, such as for 
        craving relief or relapse prevention; and
            ``(4) consider--
                    ``(A) relieving companies of premarket burdens 
                under section 505 if the requirement is redundant 
                considering other nicotine replacement therapies 
                already on the market; and
                    ``(B) time and extent applications for nicotine 
                replacement therapies that have been approved by a 
                regulatory body in a foreign country and have marketing 
                experience in such country.

``SEC. 920. USER FEE.

    ``(a) Establishment of Quarterly User Fee.--The Secretary shall 
assess a quarterly user fee with respect to every quarter of each 
fiscal year commencing fiscal year 2004, calculated in accordance with 
this section, upon each manufacturer and importer of tobacco products 
subject to this chapter.
    ``(b) Funding of FDA Regulation of Tobacco Products.--The Secretary 
shall make user fees collected pursuant to this section available to 
pay, in each fiscal year, for the costs of the activities of the Food 
and Drug Administration related to the regulation of tobacco products 
under this chapter.
    ``(c) Assessment of User Fee.--
            ``(1) Amount of assessment.--Except as provided in 
        paragraph (4), the total user fees assessed each year pursuant 
        to this section shall be sufficient, and shall not exceed what 
        is necessary, to pay for the costs of the activities described 
        in subsection (b) for each fiscal year.
            ``(2) Allocation of assessment by class of tobacco 
        products.--
                    ``(A) In general.--Subject to paragraph (3), the 
                total user fees assessed each fiscal year with respect 
                to each class of importers and manufacturers shall be 
                equal to an amount that is the applicable percentage of 
                the total costs of activities of the Food and Drug 
                Administration described in subsection (b).
                    ``(B) Applicable percentage.--For purposes of 
                subparagraph (A) the applicable percentage for a fiscal 
                year shall be the following:
                            ``(i) 92.07 percent shall be assessed on 
                        manufacturers and importers of cigarettes;
                            ``(ii) 0.05 percent shall be assessed on 
                        manufacturers and importers of little cigars;
                            ``(iii) 7.15 percent shall be assessed on 
                        manufacturers and importers of cigars other 
                        than little cigars;
                            ``(iv) 0.43 percent shall be assessed on 
                        manufacturers and importers of snuff;
                            ``(v) 0.10 percent shall be assessed on 
                        manufacturers and importers of chewing tobacco;
                            ``(vi) 0.06 percent shall be assessed on 
                        manufacturers and importers of pipe tobacco; 
                        and
                            ``(vii) 0.14 percent shall be assessed on 
                        manufacturers and importers of roll-your-own 
                        tobacco.
            ``(3) Distribution of fee shares of manufacturers and 
        importers exempt from user fee.--Where a class of tobacco 
        products is not subject to a user fee under this section, the 
        portion of the user fee assigned to such class under subsection 
        (d)(2) shall be allocated by the Secretary on a pro rata basis 
        among the classes of tobacco products that are subject to a 
        user fee under this section. Such pro rata allocation for each 
        class of tobacco products that are subject to a user fee under 
        this section shall be the quotient of--
                    ``(A) the sum of the percentages assigned to all 
                classes of tobacco products subject to this section; 
                divided by
                    ``(B) the percentage assigned to such class under 
                paragraph (2).
            ``(4) Annual limit on assessment.--The total assessment 
        under this section--
                    ``(A) for fiscal year 2004 shall be $85,000,000;
                    ``(B) for fiscal year 2005 shall be $175,000,000;
                    ``(C) for fiscal year 2006 shall be $300,000,000; 
                and
                    ``(D) for each subsequent fiscal year, shall not 
                exceed the limit on the assessment imposed during the 
                previous fiscal year, as adjusted by the Secretary 
                (after notice, published in the Federal Register) to 
                reflect the greater of--
                            ``(i) the total percentage change that 
                        occurred in the Consumer Price Index for all 
                        urban consumers (all items; United States city 
                        average) for the 12-month period ending on June 
                        30 of the preceding fiscal year for which fees 
                        are being established; or
                            ``(ii) the total percentage change for the 
                        previous fiscal year in basic pay under the 
                        General Schedule in accordance with section 
                        5332 of title 5, United States Code, as 
                        adjusted by any locality-based comparability 
                        payment pursuant to section 5304 of such title 
                        for Federal employees stationed in the District 
                        of Columbia.
            ``(5) Timing of user fee assessment.--The Secretary shall 
        notify each manufacturer and importer of tobacco products 
        subject to this section of the amount of the quarterly 
        assessment imposed on such manufacturer or importer under 
        subsection (f) during each quarter of each fiscal year. Such 
        notifications shall occur not earlier than 3 months prior to 
        the end of the quarter for which such assessment is made, and 
        payments of all assessments shall be made not later than 60 
        days after each such notification.
    ``(d) Determination of User Fee by Company Market Share.--
            ``(1) In general.--The user fee to be paid by each 
        manufacturer or importer of a given class of tobacco products 
        shall be determined in each quarter by multiplying--
                    ``(A) such manufacturer's or importer's market 
                share of such class of tobacco products; by
                    ``(B) the portion of the user fee amount for the 
                current quarter to be assessed on manufacturers and 
                importers of such class of tobacco products as 
                determined under subsection (e).
            ``(2) No fee in excess of market share.--No manufacturer or 
        importer of tobacco products shall be required to pay a user 
        fee in excess of the market share of such manufacturer or 
        importer.
    ``(e) Determination of Volume of Domestic Sales.--
            ``(1) In general.--The calculation of gross domestic volume 
        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 using information provided by 
        manufacturers and importers pursuant to subsection (f), as well 
        as any other relevant information provided to or obtained by 
        the Secretary.
            ``(2) Measurement.--For purposes of the calculations under 
        this subsection and the information provided under subsection 
        (f) by the Secretary, gross domestic volume shall be measured 
        by--
                    ``(A) in the case of cigarettes, the number of 
                cigarettes sold;
                    ``(B) in the case of little cigars, the number of 
                little cigars sold;
                    ``(C) in the case of large cigars, the number of 
                cigars weighing more than 3 pounds per thousand sold; 
                and
                    ``(D) in the case of other classes of tobacco 
                products, in terms of number of pounds, or fraction 
                thereof, of these products sold.
    ``(f) Measurement of Gross Domestic Volume.--
            ``(1) In general.--Each manufacturer and importer of 
        tobacco products shall submit to the Secretary a certified copy 
        of each of the returns or forms described by this paragraph 
        that are required to be filed with a Government agency on the 
        same date that those returns or forms are filed, or required to 
        be filed, with such agency. The returns and forms described by 
        this paragraph are those returns and forms related to the 
        release of tobacco products into domestic commerce, as defined 
        by section 5702(k) of the Internal Revenue Code of 1986, and 
        the repayment of the taxes imposed under chapter 52 of such 
        Code (ATF Form 500.24 and United States Customs Form 7501 under 
        currently applicable regulations).
            ``(2) Penalties.--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. In addition, such person may be subject to 
        a civil penalty in an amount not to exceed 2 percent of the 
        value of the kind of tobacco products manufactured or imported 
        by such person during the applicable quarter, as determined by 
        the Secretary.
    ``(h) Effective Date.--The user fees prescribed by this section 
shall be assessed in fiscal year 2004, based on domestic sales of 
tobacco products during fiscal year 2003 and shall be assessed in each 
fiscal year thereafter.''.

SEC. 1112. INTERIM FINAL RULE.

    (a) Cigarettes and Smokeless Tobacco.--
            (1) In general.--Not later than 30 days after the date of 
        enactment of this Act, the Secretary of Health and Human 
        Services shall publish in the Federal Register an interim final 
        rule regarding cigarettes and smokeless tobacco, which is 
        hereby deemed to be in compliance with the Administrative 
        Procedures Act and other applicable law.
            (2) Contents of rule.--Except as provided in this 
        subsection, the interim final rule published under paragraph 
        (1), shall be identical in its provisions to part 897 of the 
        regulations promulgated by the Secretary of Health and Human 
        Services in the August 28, 1996, issue of the Federal Register 
        (61 Fed. Reg., 44615-44618). Such rule shall--
                    (A) provide for the designation of jurisdictional 
                authority that is in accordance with this subsection;
                    (B) strike Subpart C--Labeling and section 
                897.32(c); and
                    (C) become effective not later than 1 year after 
                the date of enactment of this Act.
            (3) Amendments to rule.--Prior to making amendments to the 
        rule published under paragraph (1), the Secretary shall 
        promulgate a proposed rule in accordance with the 
        Administrative Procedures Act.
            (4) Rule of construction.--Except as provided in paragraph 
        (3), nothing in this section shall be construed to limit the 
        authority of the Secretary to amend, in accordance with the 
        Administrative Procedures Act, the regulation promulgated 
        pursuant to this section.
    (b) Limitation on Advisory Opinions.--As of the date of enactment 
of this Act, the following documents issued by the Food and Drug 
Administration shall not constitute advisory opinions under section 
10.85(d)(1) of title 21, Code of Federal Regulations, except as they 
apply to tobacco products, and shall not be cited by the Secretary of 
Health and Human Services or the Food and Drug Administration as 
binding precedent:
            (1) The preamble to the proposed rule in the document 
        entitled ``Regulations Restricting the Sale and Distribution of 
        Cigarettes and Smokeless Tobacco Products to Protect Children 
        and Adolescents'' (60 Fed. Reg. 41314-41372 (August 11, 1995)).
            (2) The document entitled ``Nicotine in Cigarettes and 
        Smokeless Tobacco Products is a Drug and These Products Are 
        Nicotine Delivery Devices Under the Federal Food, Drug, and 
        Cosmetic Act'' (60 Fed. Reg. 41453-41787 (August 11, 1995)).
            (3) The preamble to the final rule in the document entitled 
        ``Regulations Restricting the Sale and Distribution of 
        Cigarettes and Smokeless Tobacco to Protect Children and 
        Adolescents'' (61 Fed. Reg. 44396-44615 (August 28, 1996)).
            (4) The document entitled ``Nicotine in Cigarettes and 
        Smokeless Tobacco is a Drug and These Products are Nicotine 
        Delivery Devices Under the Federal Food, Drug, and Cosmetic 
        Act; Jurisdictional Determination'' (61 Fed. Reg. 44619-45318 
        (August 28, 1996)).

SEC. 1113. CONFORMING AND OTHER AMENDMENTS TO GENERAL PROVISIONS.

    (a) Amendment of Federal Food, Drug, and Cosmetic Act.--Except as 
otherwise expressly provided, whenever in this section an amendment is 
expressed in terms of an amendment to, or repeal of, a section or other 
provision, the reference is to a section or other provision of the 
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.).
    (b) Section 301.--Section 301 (21 U.S.C. 331) is amended--
            (1) in subsection (a), by inserting ``tobacco product,'' 
        after ``device,'';
            (2) in subsection (b), by inserting ``tobacco product,'' 
        after ``device,'';
            (3) in subsection (c), by inserting ``tobacco product,'' 
        after ``device,'';
            (4) in subsection (e), by striking ``515(f), or 519'' and 
        inserting ``515(f), 519, or 909'';
            (5) in subsection (g), by inserting ``tobacco product,'' 
        after ``device,'';
            (6) in subsection (h), by inserting ``tobacco product,'' 
        after ``device,'';
            (7) in subsection (j), by striking ``708, or 721'' and 
        inserting ``708, 721, 904, 905, 906, 907, 908, 909, or section 
        921(b)'';
            (8) in subsection (k), by inserting ``tobacco product,'' 
        after ``device,'';
            (9) by striking subsection (p) and inserting the following:
    ``(p) The failure to register in accordance with section 510 or 
905, the failure to provide any information required by section 510(j), 
510(k), 905(i), or 905(j), or the failure to provide a notice required 
by section 510(j)(2) or 905(i)(2).'';
            (10) by striking subsection (q)(1) and inserting the 
        following:
    ``(q)(1) The failure or refusal--
            ``(A) to comply with any requirement prescribed under 
        section 518, 520(g), 903(b)(8), or 908, or condition prescribed 
        under section 903(b)(6)(B)(ii)(II);
            ``(B) to furnish any notification or other material or 
        information required by or under section 519, 520(g), 904, 909, 
        or section 921; or
            ``(C) to comply with a requirement under section 522 or 
        913.'';
            (11) in subsection (q)(2), by striking ``device,'' and 
        inserting ``device or tobacco product,'';
            (12) in subsection (r), by inserting ``or tobacco product'' 
        after ``device'' each time that it appears; and
            (13) by adding at the end the following:
            ``(aa) The sale of tobacco products in violation of a no-
        tobacco-sale order issued under section 303(f).
            ``(bb) The introduction or delivery for introduction into 
        interstate commerce of a tobacco product in violation of 
        section 911.
            ``(cc)(1) Forging, counterfeiting, simulating, or falsely 
        representing, or without proper authority using any mark, stamp 
        (including tax stamp), tag, label, or other identification 
        device upon any tobacco product or container or labeling 
        thereof so as to render such tobacco product a counterfeit 
        tobacco product.
            ``(2) Making, selling, disposing of, or keeping in 
        possession, control, or custody, or concealing any punch, die, 
        plate, stone, or other item that is designed to print, imprint, 
        or reproduce the trademark, trade name, or other identifying 
        mark, imprint, or device of another or any likeness of any of 
        the foregoing upon any tobacco product or container or labeling 
        thereof so as to render such tobacco product a counterfeit 
        tobacco product.
            ``(3) The doing of any act that causes a tobacco product to 
        be a counterfeit tobacco product, or the sale or dispensing, or 
        the holding for sale or dispensing, of a counterfeit tobacco 
        product.
            ``(dd) The charitable distribution of tobacco products.
            ``(ee) The failure of a manufacturer or distributor to 
        notify the Attorney General of their knowledge of tobacco 
        products used in illicit trade.''.
    (c) Section 303.--Section 303 (21 U.S.C. 333(f)) is amended in 
subsection (f)--
            (1) by striking the subsection heading and inserting the 
        following:
    ``(f) Civil Penalties; No-Tobacco-Sale Orders.--'';
            (2) in paragraph (1)(A), by inserting ``or tobacco 
        products'' after ``devices'';
            (3) by redesignating paragraphs (3), (4), and (5) as 
        paragraphs (4), (5), and (6), and inserting after paragraph (2) 
        the following:
            ``(3) If the Secretary finds that a person has committed 
        repeated violations of restrictions promulgated under section 
        906(d) at a particular retail outlet then the Secretary may 
        impose a no-tobacco-sale order on that person prohibiting the 
        sale of tobacco products in that outlet. A no-tobacco-sale 
        order may be imposed with a civil penalty under paragraph 
        (1).'';
            (4) in paragraph (4) as so redesignated--
                    (A) in subparagraph (A)--
                            (i) by striking ``assessed'' the first time 
                        it appears and inserting ``assessed, or a no-
                        tobacco-sale order may be imposed,''; and
                            (ii) by striking ``penalty'' and inserting 
                        ``penalty, or upon whom a no-tobacco-order is 
                        to be imposed,'';
                    (B) in subparagraph (B)--
                            (i) by inserting after ``penalty,'' the 
                        following: ``or the period to be covered by a 
                        no-tobacco-sale order,''; and
                            (ii) by adding at the end the following: 
                        ``A no-tobacco-sale order permanently 
                        prohibiting an individual retail outlet from 
                        selling tobacco products shall include 
                        provisions that allow the outlet, after a 
                        specified period of time, to request that the 
                        Secretary compromise, modify, or terminate the 
                        order.''; and
                    (C) by adding at the end, the following:
                    ``(D) The Secretary may compromise, modify, or 
                terminate, with or without conditions, any no-tobacco-
                sale order.'';
            (5) in paragraph (5) as so redesignated--
                    (A) by striking ``(3)(A)'' as redesignated, and 
                inserting ``(4)(A)'';
                    (B) by inserting ``or the imposition of a no-
                tobacco-sale order'' after ``penalty'' the first 2 
                places it appears; and
                    (C) by striking ``issued.'' and inserting ``issued, 
                or on which the no-tobacco-sale order was imposed, as 
                the case may be.''; and
            (6) in paragraph (6), as so redesignated, by striking 
        ``paragraph (4)'' each place it appears and inserting 
        ``paragraph (5)''.
    (d) Section 304.--Section 304 (21 U.S.C. 334) is amended--
            (1) in subsection (a)(2)--
                    (A) by striking ``and'' before ``(D)''; and
                    (B) by striking ``device.'' and inserting the 
                following: ``, (E) Any adulterated or misbranded 
                tobacco product.'';
            (2) in subsection (d)(1), by inserting ``tobacco product,'' 
        after ``device,'';
            (3) in subsection (g)(1), by inserting ``or tobacco 
        product'' after ``device'' each place it appears; and
            (4) in subsection (g)(2)(A), by inserting ``or tobacco 
        product'' after ``device'' each place it appears.
    (e) Section 702.--Section 702(a) (21 U.S.C. 372(a)) is amended--
            (1) by inserting ``(1)'' after ``(a)''; and
            (2) by adding at the end thereof the following:
    ``(2) For a tobacco product, to the extent feasible, the Secretary 
shall contract with the States in accordance with paragraph (1) to 
carry out inspections of retailers in connection with the enforcement 
of this Act.''.
    (f) Section 703.--Section 703 (21 U.S.C. 373) is amended--
            (1) by inserting ``tobacco product,'' after ``device,'' 
        each place it appears; and
            (2) by inserting ``tobacco products,'' after ``devices,'' 
        each place it appears.
    (g) Section 704.--Section 704 (21 U.S.C. 374) is amended--
            (1) in subsection (a)(1)(A), by inserting ``tobacco 
        products,'' after ``devices,'' each place it appears;
            (2) in subsection (a)(1)(B), by inserting ``or tobacco 
        product'' after ``restricted devices'' each place it appears; 
        and
            (3) in subsection (b), by inserting ``tobacco product,'' 
        after ``device,''.
    (h) Section 705.--Section 705(b) (21 U.S.C. 375(b)) is amended by 
inserting ``tobacco products,'' after ``devices,''.
    (i) Section 709.--Section 709 (21 U.S.C. 379) is amended by 
inserting ``or tobacco product'' after ``device''.
    (j) Section 801.--Section 801 (21 U.S.C. 381) is amended--
            (1) in subsection (a)--
                    (A) by inserting ``tobacco products,'' after 
                ``devices,'' the first time it appears;
                    (B) by inserting ``or section 905(j)'' after 
                ``section 510''; and
                    (C) by striking ``drugs or devices'' each time it 
                appears and inserting ``drugs, devices, or tobacco 
                products'';
            (2) in subsection (e)(1), by inserting ``tobacco product,'' 
        after ``device,''; and
            (3) by adding at the end the following:
    ``(p)(1) Not later than 2 years after the date of enactment of the 
Family Smoking Prevention and Tobacco Control Act, and annually 
thereafter, the Secretary shall submit to the Committee on Health, 
Education, Labor, and Pensions of the Senate and the Committee on 
Energy and Commerce of the House of Representatives, a report 
regarding--
            ``(A) the nature, extent, and destination of United States 
        tobacco product exports that do not conform to tobacco product 
        standards established pursuant to this Act;
            ``(B) the public health implications of such exports, 
        including any evidence of a negative public health impact; and
            ``(C) recommendations or assessments of policy alternatives 
        available to Congress and the Executive Branch to reduce any 
        negative public health impact caused by such exports.
    ``(2) The Secretary is authorized to establish appropriate 
information disclosure requirements to carry out this subsection.''.
    (k) Section 1003.--Section 1003(d)(2)(C) (as redesignated by 
section 101(a)) is amended--
            (1) by striking ``and'' after ``cosmetics,''; and
            (2) inserting a comma and ``and tobacco products'' after 
        ``devices''.
    (l) Effective Date for No-Tobacco-Sale Order Amendments.--The 
amendments made by subsection (c), other than the amendment made by 
paragraph (2) of such subsection, shall take effect upon the issuance 
of guidance by the Secretary of Health and Human Services--
            (1) defining the term ``repeated violation'', as used in 
        section 303(f) of the Federal Food, Drug, and Cosmetic Act (21 
        U.S.C. 333(f)) as amended by subsection (c), by identifying the 
        number of violations of particular requirements over a 
        specified period of time at a particular retail outlet that 
        constitute a repeated violation;
            (2) providing for timely and effective notice to the 
        retailer of each alleged violation at a particular retail 
        outlet and an expedited procedure for the administrative appeal 
        of an alleged violation;
            (3) providing that a person may not be charged with a 
        violation at a particular retail outlet unless the Secretary 
        has provided notice to the retailer of all previous violations 
        at that outlet;
            (4) establishing a period of time during which, if there 
        are no violations by a particular retail outlet, that outlet 
        will not be considered to have been the site of repeated 
        violations when the next violation occurs; and
            (5) providing that good faith reliance on the presentation 
        of a false government issued photographic identification that 
        contains the bearer's date of birth does not constitute a 
        violation of any minimum age requirement for the sale of 
        tobacco products if the retailer has taken effective steps to 
        prevent such violations, including--
                    (A) adopting and enforcing a written policy against 
                sales to minors;
                    (B) informing its employees of all applicable laws;
                    (C) establishing disciplinary sanctions for 
                employee noncompliance; and
                    (D) requiring its employees to verify age by way of 
                photographic identification or electronic scanning 
                device.

CHAPTER 2--TOBACCO PRODUCT WARNINGS; CONSTITUENT AND SMOKE CONSTITUENT 
                               DISCLOSURE

SEC. 1121. CIGARETTE LABEL AND ADVERTISING WARNINGS.

    Section 4 of the Federal Cigarette Labeling and Advertising Act (15 
U.S.C. 1333) is amended to read as follows:

``SEC. 4. LABELING.

    ``(a) Label Requirements.--
            ``(1) In general.--It shall be unlawful for any person to 
        manufacture, package, sell, offer to sell, distribute, or 
        import for sale or distribution within the United States any 
        cigarettes the package of which fails to bear, in accordance 
        with the requirements of this section, one of the following 
        labels:
        `WARNING: Cigarettes are addictive'.
        `WARNING: Tobacco smoke can harm your children'.
        `WARNING: Cigarettes cause fatal lung disease'.
        `WARNING: Cigarettes cause cancer'.
        `WARNING: Cigarettes cause strokes and heart disease'.
        `WARNING: Smoking during pregnancy can harm your baby'.
        `WARNING: Smoking can kill you'.
        `WARNING: Tobacco smoke causes fatal lung disease in non-
        smokers'.
        `WARNING: Quitting smoking now greatly reduces serious risks to 
        your health'.
            ``(2) Placement; typography; etc.--
                    ``(A) In general.--Each label statement required by 
                paragraph (1) shall be located in the upper portion of 
                the front and rear panels of the package, directly on 
                the package underneath the cellophane or other clear 
                wrapping. Except as provided in subparagraph (B), each 
                label statement shall comprise at least the top 30 
                percent of the front and rear panels of the package. 
                The word `WARNING' shall appear in capital letters and 
                all text shall be in conspicuous and legible 17-point 
                type, unless the text of the label statement would 
                occupy more than 70 percent of such area, in which case 
                the text may be in a smaller conspicuous and legible 
                type size, provided that at least 60 percent of such 
                area is occupied by required text. The text shall be 
                black on a white background, or white on a black 
                background, in a manner that contrasts, by typography, 
                layout, or color, with all other printed material on 
                the package, in an alternating fashion under the plan 
                submitted under subsection (b)(4).
                    ``(B) Flip-top boxes.--For any cigarette brand 
                package manufactured or distributed before January 1, 
                2000, which employs a flip-top style (if such packaging 
                was used for that brand in commerce prior to June 21, 
                1997), the label statement required by paragraph (1) 
                shall be located on the flip-top area of the package, 
                even if such area is less than 25 percent of the area 
                of the front panel. Except as provided in this 
                paragraph, the provisions of this subsection shall 
                apply to such packages.
            ``(3) Does not apply to foreign distribution.--The 
        provisions of this subsection do not apply to a tobacco product 
        manufacturer or distributor of cigarettes which does not 
        manufacture, package, or import cigarettes for sale or 
        distribution within the United States.
            ``(4) Applicability to retailers.--A retailer of cigarettes 
        shall not be in violation of this subsection for packaging that 
        is supplied to the retailer by a tobacco product manufacturer, 
        importer, or distributor and is not altered by the retailer in 
        a way that is material to the requirements of this subsection 
        except that this paragraph shall not relieve a retailer of 
        liability if the retailer sells or distributes tobacco products 
        that are not labeled in accordance with this subsection.
    ``(b) Advertising Requirements.--
            ``(1) In general.--It shall be unlawful for any tobacco 
        product manufacturer, importer, distributor, or retailer of 
        cigarettes to advertise or cause to be advertised within the 
        United States any cigarette unless its advertising bears, in 
        accordance with the requirements of this section, one of the 
        labels specified in subsection (a) of this section.
            ``(2) Typography, etc.--Each label statement required by 
        subsection (a) of this section in cigarette advertising shall 
        comply with the standards set forth in this paragraph. For 
        press and poster advertisements, each such statement and (where 
        applicable) any required statement relating to tar, nicotine, 
        or other constituent (including a smoke constituent) yield 
        shall comprise at least 20 percent of the area of the 
        advertisement and shall appear in a conspicuous and prominent 
        format and location at the top of each advertisement within the 
        trim area. The Secretary may revise the required type sizes in 
        such area in such manner as the Secretary determines 
        appropriate. The word `WARNING' shall appear in capital 
        letters, and each label statement shall appear in conspicuous 
        and legible type. The text of the label statement shall be 
        black if the background is white and white if the background is 
        black, under the plan submitted under paragraph (4) of this 
        subsection. The label statements shall be enclosed by a 
        rectangular border that is the same color as the letters of the 
        statements and that is the width of the first downstroke of the 
        capital `W' of the word `WARNING' in the label statements. The 
        text of such label statements shall be in a typeface pro rata 
        to the following requirements: 45-point type for a whole-page 
        broadsheet newspaper advertisement; 39-point type for a half-
        page broadsheet newspaper advertisement; 39-point type for a 
        whole-page tabloid newspaper advertisement; 27-point type for a 
        half-page tabloid newspaper advertisement; 31.5-point type for 
        a double page spread magazine or whole-page magazine 
        advertisement; 22.5-point type for a 28 centimeter by 3 column 
        advertisement; and 15-point type for a 20 centimeter by 2 
        column advertisement. The label statements shall be in English, 
        except that in the case of--
                    ``(A) an advertisement that appears in a newspaper, 
                magazine, periodical, or other publication that is not 
                in English, the statements shall appear in the 
                predominant language of the publication; and
                    ``(B) in the case of any other advertisement that 
                is not in English, the statements shall appear in the 
                same language as that principally used in the 
                advertisement.
            ``(3) Matchbooks.--Notwithstanding paragraph (2), for 
        matchbooks (defined as containing not more than 20 matches) 
        customarily given away with the purchase of tobacco products, 
        each label statement required by subsection (a) may be printed 
        on the inside cover of the matchbook.
            ``(4) Adjustment by secretary.--The Secretary may, through 
        a rulemaking under section 553 of title 5, United States Code, 
        adjust the format and type sizes for the label statements 
        required by this section or the text, format, and type sizes of 
        any required tar, nicotine yield, or other constituent 
        (including smoke constituent) disclosures, or to establish the 
        text, format, and type sizes for any other disclosures required 
        under the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 
        et. seq.). The text of any such label statements or disclosures 
        shall be required to appear only within the 20 percent area of 
        cigarette advertisements provided by paragraph (2) of this 
        subsection. The Secretary shall promulgate regulations which 
        provide for adjustments in the format and type sizes of any 
        text required to appear in such area to ensure that the total 
        text required to appear by law will fit within such area.
            ``(5) Marketing requirements.--
                    ``(A) The label statements specified in subsection 
                (a)(1) shall be randomly displayed in each 12-month 
                period, in as equal a number of times as is possible on 
                each brand of the product and be randomly distributed 
                in all areas of the United States in which the product 
                is marketed in accordance with a plan submitted by the 
                tobacco product manufacturer, importer, distributor, or 
                retailer and approved by the Secretary.
                    ``(B) The label statements specified in subsection 
                (a)(1) shall be rotated quarterly in alternating 
                sequence in advertisements for each brand of cigarettes 
                in accordance with a plan submitted by the tobacco 
                product manufacturer, importer, distributor, or 
retailer to, and approved by, the Secretary.
                    ``(C) The Secretary shall review each plan 
                submitted under subparagraph (B) and approve it if the 
                plan--
                            ``(i) will provide for the equal 
                        distribution and display on packaging and the 
                        rotation required in advertising under this 
                        subsection; and
                            ``(ii) assures that all of the labels 
                        required under this section will be displayed 
                        by the tobacco product manufacturer, importer, 
                        distributor, or retailer at the same time.
            ``(6) Applicability to retailers.--This subsection applies 
        to a retailer only if that retailer is responsible for or 
        directs the label statements required under this section except 
        that this paragraph shall not relieve a retailer of liability 
        if the retailer displays, in a location open to the public, an 
        advertisement that is not labeled in accordance with the 
        requirements of this subsection.''.

SEC. 1122. AUTHORITY TO REVISE CIGARETTE WARNING LABEL STATEMENTS.

    Section 4 of the Federal Cigarette Labeling and Advertising Act (15 
U.S.C. 1333), as amended by section 1121, is further amended by adding 
at the end the following:
    ``(c) Change in Required Statements.--The Secretary may, by a 
rulemaking conducted under section 553 of title 5, United States Code, 
adjust the format, type size, and text of any of the label 
requirements, require color graphics to accompany the text, increase 
the required label area from 30 percent up to 50 percent of the front 
and rear panels of the package, or establish the format, type size, and 
text of any other disclosures required under the Federal Food, Drug, 
and Cosmetic Act (21 U.S.C. 301 et seq.), if the Secretary finds that 
such a change would promote greater public understanding of the risks 
associated with the use of tobacco products.''.

SEC. 1123. STATE REGULATION OF CIGARETTE ADVERTISING AND PROMOTION.

    Section 5 of the Federal Cigarette Labeling and Advertising Act (15 
U.S.C. 1334) is amended by adding at the end the following:
    ``(c) Exception.--Notwithstanding subsection (b), a State or 
locality may enact statutes and promulgate regulations, based on 
smoking and health, that take effect after the effective date of the 
Family Smoking Prevention and Tobacco Control Act, imposing specific 
bans or restrictions on the time, place, and manner, but not content, 
of the advertising or promotion of any cigarettes.''.

SEC. 1124. SMOKELESS TOBACCO LABELS AND ADVERTISING WARNINGS.

    Section 3 of the Comprehensive Smokeless Tobacco Health Education 
Act of 1986 (15 U.S.C. 4402) is amended to read as follows:

``SEC. 3. SMOKELESS TOBACCO WARNING.

    ``(a) General Rule.--
            ``(1) It shall be unlawful for any person to manufacture, 
        package, sell, offer to sell, distribute, or import for sale or 
        distribution within the United States any smokeless tobacco 
        product unless the product package bears, in accordance with 
        the requirements of this Act, one of the following labels:
        `WARNING: This product can cause mouth cancer'.
        `WARNING: This product can cause gum disease and tooth loss'.
        `WARNING: This product is not a safe alternative to 
        cigarettes'.
        `WARNING: Smokeless tobacco is addictive'.
            ``(2) Each label statement required by paragraph (1) shall 
        be--
                    ``(A) located on the 2 principal display panels of 
                the package, and each label statement shall comprise at 
                least 30 percent of each such display panel; and
                    ``(B) in 17-point conspicuous and legible type and 
                in black text on a white background, or white text on a 
                black background, in a manner that contrasts by 
                typography, layout, or color, with all other printed 
                material on the package, in an alternating fashion 
                under the plan submitted under subsection (b)(3), 
                except that if the text of a label statement would 
                occupy more than 70 percent of the area specified by 
                subparagraph (A), such text may appear in a smaller 
                type size, so long as at least 60 percent of such 
                warning area is occupied by the label statement.
            ``(3) The label statements required by paragraph (1) shall 
        be introduced by each tobacco product manufacturer, packager, 
        importer, distributor, or retailer of smokeless tobacco 
        products concurrently into the distribution chain of such 
        products.
            ``(4) The provisions of this subsection do not apply to a 
        tobacco product manufacturer or distributor of any smokeless 
        tobacco product that does not manufacture, package, or import 
        smokeless tobacco products for sale or distribution within the 
        United States.
            ``(5) A retailer of smokeless tobacco products shall not be 
        in violation of this subsection for packaging that is supplied 
        to the retailer by a tobacco products manufacturer, importer, 
        or distributor and that is not altered by the retailer unless 
        the retailer offers for sale, sells, or distributes a smokeless 
        tobacco product that is not labeled in accordance with this 
        subsection.
    ``(b) Required Labels.--
            ``(1) It shall be unlawful for any tobacco product 
        manufacturer, packager, importer, distributor, or retailer of 
        smokeless tobacco products to advertise or cause to be 
        advertised within the United States any smokeless tobacco 
        product unless its advertising bears, in accordance with the 
        requirements of this section, one of the labels specified in 
        subsection (a).
            ``(2) Each label statement required by subsection (a) in 
        smokeless tobacco advertising shall comply with the standards 
        set forth in this paragraph. For press and poster 
        advertisements, each such statement and (where applicable) any 
        required statement relating to tar, nicotine, or other 
        constituent yield shall--
                    ``(A) comprise at least 20 percent of the area of 
                the advertisement, and the warning area shall be 
                delineated by a dividing line of contrasting color from 
                the advertisement; and
                    ``(B) the word `WARNING' shall appear in capital 
                letters and each label statement shall appear in 
                conspicuous and legible type. The text of the label 
                statement shall be black on a white background, or 
                white on a black background, in an alternating fashion 
                under the plan submitted under paragraph (3).
            ``(3)(A) The label statements specified in subsection 
        (a)(1) shall be randomly displayed in each 12-month period, in 
        as equal a number of times as is possible on each brand of the 
        product and be randomly distributed in all areas of the United 
        States in which the product is marketed in accordance with a 
        plan submitted by the tobacco product manufacturer, importer, 
        distributor, or retailer and approved by the Secretary.
            ``(B) The label statements specified in subsection (a)(1) 
        shall be rotated quarterly in alternating sequence in 
        advertisements for each brand of smokeless tobacco product in 
        accordance with a plan submitted by the tobacco product 
        manufacturer, importer, distributor, or retailer to, and 
        approved by, the Secretary.
            ``(C) The Secretary shall review each plan submitted under 
        subparagraph (B) and approve it if the plan--
                    ``(i) will provide for the equal distribution and 
                display on packaging and the rotation required in 
                advertising under this subsection; and
                    ``(ii) assures that all of the labels required 
                under this section will be displayed by the tobacco 
                product manufacturer, importer, distributor, or 
                retailer at the same time.
            ``(D) This paragraph applies to a retailer only if that 
        retailer is responsible for or directs the label statements 
        under this section, unless the retailer displays in a location 
        open to the public, an advertisement that is not labeled in 
        accordance with the requirements of this subsection.
    ``(c) Television and Radio Advertising.--It is unlawful to 
advertise smokeless tobacco on any medium of electronic communications 
subject to the jurisdiction of the Federal Communications 
Commission.''.

SEC. 1125. AUTHORITY TO REVISE SMOKELESS TOBACCO PRODUCT WARNING LABEL 
              STATEMENTS.

    Section 3 of the Comprehensive Smokeless Tobacco Health Education 
Act of 1986 (15 U.S.C. 4402), as amended by section 1123, is further 
amended by adding at the end the following:
    ``(d) Authority To Revise Warning Label Statements.--The Secretary 
may, by a rulemaking conducted under section 553 of title 5, United 
States Code, adjust the format, type size, and text of any of the label 
requirements, require color graphics to accompany the text, increase 
the required label area from 30 percent up to 50 percent of the front 
and rear panels of the package, or establish the format, type size, and 
text of any other disclosures required under the Federal Food, Drug, 
and Cosmetic Act (21 U.S.C. 301 et seq.), if the Secretary finds that 
such a change would promote greater public understanding of the risks 
associated with the use of smokeless tobacco products.''.

SEC. 1126. TAR, NICOTINE, AND OTHER SMOKE CONSTITUENT DISCLOSURE TO THE 
              PUBLIC.

    Section 4(a) of the Federal Cigarette Labeling and Advertising Act 
(15 U.S.C. 1333 (a)), as amended by section 1121, is further amended by 
adding at the end the following:
            ``(4)(A) The Secretary shall, by a rulemaking conducted 
        under section 553 of title 5, United States Code, determine (in 
        the Secretary's sole discretion) whether cigarette and other 
        tobacco product manufacturers shall be required to include in 
        the area of each cigarette advertisement specified by 
        subsection (b) of this section, or on the package label, or 
        both, the tar and nicotine yields of the advertised or packaged 
        brand. Any such disclosure shall be in accordance with the 
        methodology established under such regulations, shall conform 
        to the type size requirements of subsection (b) of this 
        section, and shall appear within the area specified in 
        subsection (b) of this section.
            ``(B) Any differences between the requirements established 
        by the Secretary under subparagraph (A) and tar and nicotine 
        yield reporting requirements established by the Federal Trade 
        Commission shall be resolved by a memorandum of understanding 
        between the Secretary and the Federal Trade Commission.
            ``(C) In addition to the disclosures required by 
        subparagraph (A) of this paragraph, the Secretary may, under a 
        rulemaking conducted under section 553 of title 5, United 
        States Code, prescribe disclosure requirements regarding the 
        level of any cigarette or other tobacco product constituent 
        including any smoke constituent. Any such disclosure may be 
        required if the Secretary determines that disclosure would be 
        of benefit to the public health, or otherwise would increase 
        consumer awareness of the health consequences of the use of 
        tobacco products, except that no such prescribed disclosure 
        shall be required on the face of any cigarette package or 
        advertisement. Nothing in this section shall prohibit the 
        Secretary from requiring such prescribed disclosure through a 
        cigarette or other tobacco product package or advertisement 
        insert, or by any other means under the Federal Food, Drug, and 
        Cosmetic Act (21 U.S.C. 301 et seq.).
            ``(D) This paragraph applies to a retailer only if that 
        retailer is responsible for or directs the label statements 
        required under this section, except that this paragraph shall 
        not relieve a retailer of liability if the retailer sells or 
        distributes tobacco products that are not labeled in accordance 
        with the requirements of this subsection.''.

       CHAPTER 3--PREVENTION OF ILLICIT TRADE IN TOBACCO PRODUCTS

SEC. 1131. LABELING, RECORDKEEPING, RECORDS INSPECTION.

    Chapter IX of the Federal Food, Drug, and Cosmetic Act, as added by 
section 1111, is further amended by adding at the end the following:

``SEC. 921. LABELING, RECORDKEEPING, RECORDS INSPECTION.

    ``(a) Origin Labeling.--The label, packaging, and shipping 
containers of tobacco products for introduction or delivery for 
introduction into interstate commerce shall bear the statement `sale 
only allowed in the United States.'
    ``(b) Regulations Concerning Recordkeeping for Tracking and 
Tracing.--
            ``(1) In general.--Not later than 9 months after the date 
        of enactment of the Family Smoking Prevention and Tobacco 
        Control Act, the Secretary shall promulgate regulations 
        regarding the establishment and maintenance of records by any 
        person who manufactures, processes, transports, distributes, 
        receives, packages, holds, exports, or imports tobacco 
        products.
            ``(2) Inspection.--In promulgating the regulations 
        described in paragraph (1), the Secretary shall consider which 
        records are needed for inspection to monitor the movement of 
        tobacco products from the point of manufacture through 
        distribution to retail outlets to assist in investigating 
        potential illicit trade, smuggling or counterfeiting of tobacco 
        products.
            ``(3) Codes.--The Secretary may require codes on the labels 
        of tobacco products or other designs or devices for the purpose 
        of tracking or tracing the tobacco product through the 
        distribution system.
            ``(4) Size of business.--The Secretary shall take into 
        account the size of a business in promulgating regulations 
        under this section.
            ``(5) Recordkeeping by retailers.--The Secretary shall not 
        require any retailer to maintain records relating to individual 
        purchasers of tobacco products for personal consumption.
    ``(c) Records Inspection.--If the Secretary has a reasonable belief 
that a tobacco product is part of an illicit trade or smuggling or is a 
counterfeit product, each person who manufactures, processes, 
transports, distributes, receives, holds, packages, exports, or imports 
tobacco products shall, at the request of an officer or employee duly 
designated by the Secretary, permit such officer or employee, at 
reasonable times and within reasonable limits and in a reasonable 
manner, upon the presentation of appropriate credentials and a written 
notice to such person, to have access to and copy all records 
(including financial records) relating to such article that are needed 
to assist the Secretary in investigating potential illicit trade, 
smuggling or counterfeiting of tobacco products.
    ``(d) Knowledge of Illegal Transaction.--If the manufacturer or 
distributor of a tobacco product has knowledge which reasonably 
supports the conclusion that a tobacco product manufactured or 
distributed by such manufacturer or distributor that has left the 
control of such person may be or has been--
                    ``(A) imported, exported, distributed or offered 
                for sale in interstate commerce by a person without 
                paying duties or taxes required by law; or
                    ``(B) imported, exported, distributed or diverted 
                for possible illicit marketing,
the manufacturer or distributor shall promptly notify the Attorney 
General of such knowledge.
            ``(2) Knowledge defined.--For purposes of this subsection, 
        the term `knowledge' as applied to a manufacturer or 
        distributor means--
                    ``(A) the actual knowledge that the manufacturer or 
                distributor had; or
                    ``(B) the knowledge which a reasonable person would 
                have had under like circumstances or which would have 
                been obtained upon the exercise of due care.

SEC. 1132. STUDY AND REPORT.

    (a) Study.--The Comptroller General of the United States shall 
conduct a study of cross-border trade in tobacco products to--
            (1) collect data on cross-border trade in tobacco products, 
        including illicit trade and trade of counterfeit tobacco 
        products and make recommendations on the monitoring of such 
        trade;
            (2) collect data on cross-border advertising (any 
        advertising intended to be broadcast, transmitted, or 
        distributed from the United States to another country) of 
        tobacco products and make recommendations on how to prevent or 
        eliminate, and what technologies could help facilitate the 
        elimination of, cross-border advertising.
    (b) Report.--Not later than 18 months after the date of enactment 
of this Act, the Comptroller General of the United States shall submit 
to the Committee on Health, Education, Labor, and Pensions of the 
Senate and the Committee on Energy and Commerce of the House of 
Representatives a report on the study described in subsection (a).

                 Subtitle B--Tobacco Market Transition

SEC. 1140. SHORT TITLE OF SUBTITLE.

    This subtitle may be cited as the ``Tobacco Market Transition Act 
of 2004''.

           CHAPTER 1--TERMINATION OF CURRENT TOBACCO PROGRAMS

SEC. 1141. TERMINATION OF TOBACCO PRODUCTION ADJUSTMENT PROGRAMS.

    (a) Tobacco Statistics.--The Act of January 14, 1929 (45 Stat. 
1079; 7 U.S.C. 501 et seq.) is repealed.
    (b) Tobacco Standards.--The Tobacco Inspection Act (7 U.S.C. 511 et 
seq.) is repealed.
    (c) Tobacco Inspections.--Section 213 of the Tobacco Adjustment Act 
of 1983 (7 U.S.C. 511r) is repealed.
    (d) Tobacco Control.--The Act of April 25, 1936 (commonly known as 
the Tobacco Control Act; 7 U.S.C. 515 et seq.), is repealed.
    (e) Commodity Handling Orders.--Section 8c(2)(A) of the 
Agricultural Adjustment Act (7 U.S.C. 608c(2)(A)), reenacted with 
amendments by the Agricultural Marketing Agreement Act of 1937, is 
amended by striking ``tobacco,''.
    (f) 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,''.
    (g) Burley Tobacco Import Review.--Section 3 of Public Law 98-59 (7 
U.S.C. 625) is repealed.
    (h) Declaration of Policy.--Section 2 of the Agricultural 
Adjustment Act of 1938 (7 U.S.C. 1282) is amended by striking 
``tobacco,''.
    (i) 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).
    (j) 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,''.
    (k) 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.
    (l) Administrative Provisions.--Section 361 of the Agricultural 
Adjustment Act of 1938 (7 U.S.C. 1361) is amended by striking 
``tobacco,''.
    (m) 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''.
    (n) 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.''.
    (o) 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).
    (p) 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).
    (q) 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).
    (r) Acreage-Poundage Quotas.--Section 4 of the Act of April 16, 
1955 (Public Law 89-12; 7 U.S.C. 1314c note), is repealed.
    (s) Burley Tobacco Acreage Allotments.--The Act of July 12, 1952 (7 
U.S.C. 1315), is repealed.
    (t) Transfer of Allotments.--Section 703 of the Food and 
Agriculture Act of 1965 (7 U.S.C. 1316) is repealed.
    (u) 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''.
    (v) Tobacco Field Measurement.--Section 1112 of the Omnibus Budget 
Reconciliation Act of 1987 (Public Law 100-203) is amended by striking 
subsection (c).

SEC. 1142. TERMINATION OF TOBACCO PRICE SUPPORT PROGRAM.

    (a) 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.
    (b) 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.
    (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) Review of Burley Tobacco Imports.--Section 3 of Public Law 98-
59 (7 U.S.C. 625) is repealed.
    (e) 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. 1143. LIABILITY.

    This title and the amendments made by this title shall not affect 
the liability of any person under any provision of law with respect to 
any crop of tobacco planted before the effective date prescribed in 
section 1162.

                     CHAPTER 2--TOBACCO ASSISTANCE

SEC. 1151. TOBACCO ASSISTANCE.

    Title III of the Agricultural Adjustment Act of 1938 is amended by 
inserting after subtitle D (7 U.S.C. 1379a et seq.) the following:

                    ``Subtitle E--Tobacco Assistance

``SEC. 380A. DEFINITIONS.

    ``In this subtitle:
            ``(1) Active producer of tobacco.--The term `active 
        producer of tobacco' means a person that--
                    ``(A) is actively engaged in the production of 
                tobacco marketed or considered planted; and
                    ``(B) shares in the risk of producing the tobacco.
            ``(2) Applicable fiscal year.--The term `applicable fiscal 
        year' means each of fiscal years 2004 through 2013.
            ``(3) Base period.--The term `base period' means the 1-year 
        period ending the June 30 preceding each applicable fiscal 
        year.
            ``(4) Considered planted.--The term `considered planted' 
        means tobacco planted but failed to be produced as a result of 
        a natural disaster, as determined by the Secretary.
            ``(5) Department.--The term `Department' means the 
        Department of Agriculture.
            ``(6) Eligible state.--The term `eligible State' means--
                    ``(A) in the case of section 380O, each of the 
                States of Maryland, Pennsylvania, South Carolina, and 
                North Carolina; and
                    ``(B) in the case of section 380Q, each of the 
                States of Alabama, Arkansas, Florida, Georgia, Indiana, 
                Kansas, Kentucky, Minnesota, Missouri, North Carolina, 
                Ohio, Oklahoma, South Carolina, Tennessee, Virginia, 
                West Virginia, and Wisconsin.
            ``(7) Impacted community.--The term `impacted community' 
        means a community in an eligible State that is adversely 
        affected by a reduction in gross receipts from the sale of 
        tobacco.
            ``(8) 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 the applicable fiscal year for an 
        assessment under section 380T.
            ``(9) Production board.--The term `Production Board' means 
        a Production Board established for a kind of tobacco under 
        section 380H.
            ``(10) 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 2002 tobacco marketing years 
        under a marketing quota or allotment program established under 
        part I of subtitle B (as in effect before the effective date of 
        this subtitle).
            ``(11) 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.
            ``(12) Tobacco quality board.--The term `Tobacco Quality 
        Board' means the Tobacco Quality Board established under 
        section 380G.
            ``(13) Tobacco quota holder.--The term `tobacco quota 
        holder' means a person that is considered an tobacco quota 
        holder under section 380B(b).
            ``(14) Tobacco trust fund.--The term `Tobacco Trust Fund' 
        means the Tobacco Trust Fund established under section 380S.
            ``(15) Traditional producer of tobacco.--The term 
        `traditional producer of tobacco' means a person that, for at 
        least 1 of the 2000, 2001, or 2002 tobacco marketing years--
                    ``(A) was actively engaged in the production of 
                tobacco marketed, or considered planted, under a 
                marketing quota established under part I of subtitle B 
                (as in effect before the effective date of this 
                subtitle); and
                    ``(B) shared in the risk of producing the tobacco.
            ``(16) Traditional tobacco county.--
                    ``(A) In general.--The term `traditional tobacco 
                county' means a county in the United States that had 1 
                or more farms operated by traditional producers of 
                tobacco under a marketing quota for at least 1 of the 
                marketing years described in paragraph (15).
                    ``(B) Inclusion.--For the purpose of determining 
                the crop acreage base of an active producer of tobacco 
                for a kind of tobacco produced in the State of Georgia 
                under section 380I(c)(3), the term `traditional tobacco 
                county' includes a county that is contiguous to a 
                county described in subparagraph (A).

    ``CHAPTER 1--PAYMENTS TO TOBACCO QUOTA HOLDERS AND TRADITIONAL 
                               PRODUCERS

``SEC. 380B. TRANSITION PAYMENTS TO TOBACCO QUOTA HOLDERS.

    ``(a) In General.--The Secretary shall make transition payments to 
each tobacco quota holder.
    ``(b) Tobacco Quota Holder.--
            ``(1) In general.--Except as otherwise provided in this 
        subsection, the Secretary shall consider a person to be a 
        tobacco quota holder under this section if the person held, as 
        of July 1, 2002, a basic quota or farm acreage allotment (as 
        applicable) for quota tobacco established for the 2002 tobacco 
        marketing year under a marketing quota program established 
        under part I of subtitle B (as in effect before the effective 
        date of this subtitle).
            ``(2) Effect of purchase contract.--If there was an 
        agreement for the purchase of all or part of a farm described 
        in paragraph (1) as of July 1, 2002, and the parties to the 
        sale are unable to agree to the disposition of eligibility for 
        payments under this section, the Secretary, taking into account 
        any transfer of quota that has been agreed to, shall provide 
        for the equitable division of the payments among the parties by 
        adjusting the determination of who is the tobacco quota holder 
        with respect to particular pounds of the quota.
            ``(3) Effect of agreement for permanent quota transfer.--If 
        the Secretary determines that there was in existence, as of 
        July 1, 2002, 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.
            ``(4) Protected bases.--A person that owns a farm with a 
        tobacco poundage quota that is protected under a conservation 
        reserve program contract entered into under section 1231 of the 
        Food Security Act of 1985 (16 U.S.C. 3831) shall be considered 
        to be a tobacco quota holder with respect to the protected 
        poundage.
            ``(5) Quantity of quota held.--
                    ``(A) In general.--A person shall be considered a 
                tobacco quota holder for purposes of this section only 
                with respect to that quantity of quota that qualifies 
                the person as a tobacco quota holder.
                    ``(B) Included quota.--The determination of the 
                tobacco poundage amount for which the person qualifies 
                shall--
                            ``(i) be based on the quantity of quota 
                        held by person on January 1, 2004;
                            ``(ii) subject to clause (iii), not be 
                        greater than the quantity of quota held by the 
                        person for the 2002 crop; and
                            ``(iii) take into account--
                                    ``(I) sales of quota that occurred 
                                during the period beginning July 1, 
                                2002, and ending December 31, 2004; and
                                    ``(II) any transfers of quota that 
                                took place after July 1, 2002.
    ``(c) Application.--
            ``(1) In general.--To be eligible to receive a 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.
            ``(2) Administration.--The application shall be submitted 
        within such time, in such form, and in such manner as the 
        Secretary may require.
    ``(d) Base Quota Level.--
            ``(1) In general.--The Secretary shall establish a base 
        quota level applicable to each tobacco quota holder, as 
        determined under this subsection.
            ``(2) Level.--The base quota level for each tobacco quota 
        holder shall be equal to the quantity of quota that qualifies a 
        person as the tobacco quota holder under subsection (b)(5).
    ``(e) Payment.--The Secretary shall make payments to each tobacco 
quota holder under subsection (b) in an amount obtained by 
multiplying--
            ``(1) 80 cents per pound for each of fiscal years 2004 
        through 2013; by
            ``(2) the base quota level established for the quota holder 
        under subsection (d).
    ``(f) Time for Payment.--Subject to section 380D(c), the payments 
to tobacco quota holders required under this section shall be made by, 
to the maximum extent practicable, the date that is 180 days after the 
date of enactment of this subtitle and each November 1 thereafter.

``SEC. 380C. DIRECT PAYMENTS TO TRADITIONAL PRODUCERS OF TOBACCO.

    ``(a) In General.--The Secretary shall make direct payments under 
this section to traditional producers of tobacco.
    ``(b) Eligibility.--
            ``(1) In general.--To be eligible to receive a 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 traditional producer of tobacco.
            ``(2) Administration.--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) In general.--The Secretary shall establish a base 
        quota level applicable to each traditional producer of tobacco, 
        as determined under this subsection.
            ``(2) Flue-cured and burley tobacco.--In the case of Flue-
        cured tobacco (types 11, 12, 13, and 14) and Burley tobacco 
        (type 31), the base quota level for each tobacco quota holder 
        shall be equal to the effective tobacco marketing quota 
        (irrespective of disaster lease and transfers) under part I of 
        subtitle B (as in effect before the effective date of this 
        subtitle) 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 Flue-cured tobacco (types 11, 12, 13, and 
        14) and Burley tobacco (type 31), for the purpose of 
        calculating a payment to a traditional producer of tobacco, the 
        base quota level for the traditional producer of 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 actual yield of the crop of quota tobacco 
                produced on the farm.
    ``(d) Payment.--
            ``(1) In general.--Subject to paragraph (2), the Secretary 
        shall make payments to each traditional producer of tobacco, as 
        determined under subsection (b), in an amount obtained by 
        multiplying--
                    ``(A) 40 cents per pound for each of fiscal years 
                2004 through 2013; by
                    ``(B) the base quota level established for the 
                traditional producer of tobacco under subsection (c).
            ``(2) Payment rate.--The rate for payments to a traditional 
        producer of quota tobacco under paragraph (1)(A) shall be equal 
        to--
                    ``(A) in the case of a person that produced quota 
                tobacco marketed, or considered planted, under a 
                marketing quota for all 3 of the 2000, 2001, and 2002 
                tobacco marketing years, the rate prescribed under 
                paragraph (1)(A) for the applicable fiscal year;
                    ``(B) in the case of a person that produced quota 
                tobacco marketed, or considered planted, under a 
                marketing quota for not more than 2 of the 2000, 2001, 
                and 2002 tobacco marketing years, \2/3\ of the rate 
                prescribed under paragraph (1)(A) for the applicable 
                fiscal year; and
                    ``(C) in the case of a person that produced quota 
                tobacco marketed, or considered planted, under a 
                marketing quota for not more than 1 of the 2000, 2001, 
                and 2002 tobacco marketing years, \1/3\ of the rate 
                prescribed under paragraph (1)(A) for the applicable 
                fiscal year.
    ``(e) Time for Payment.--Subject to section 380D(c), the payments 
to traditional producers of tobacco required under this section shall 
be made by, to the maximum extent practicable, the date that is 180 
days after the date of enactment of this subtitle and each November 1 
thereafter.

``SEC. 380D. ADMINISTRATION.

    ``(a) Resolution of Disputes.--
            ``(1) In general.--Any dispute regarding the eligibility of 
        a person to receive a payment under this subtitle, or the 
        amount of the 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.
            ``(2) National appeals division.--Any adverse determination 
        of a county committee under subsection (a) 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.).
    ``(b) Use of Qualified Financial Institutions.--The Secretary may 
use qualified financial institutions to manage assets, make payments, 
and otherwise carry out this subtitle.
    ``(c) Advanced Payments.--
            ``(1) In general.--The Secretary shall permit a tobacco 
        quota holder and a traditional producer of tobacco to elect to 
        receive advanced payments for 2 or more fiscal years under this 
        chapter by selecting 1 of 4 advance payment options established 
        by the Secretary, including a lump sum payment option.
            ``(2) Risk.--A tobacco quota holder or traditional producer 
        of tobacco that elects to receive accelerated payments shall 
        bear the expense of the discount in value for acceleration of 
        the payments.
            ``(3) Qualified financial institutions.--
                    ``(A) In general.--The Secretary shall provide 
                advanced payments under this subsection through 1 or 
                more qualified financial institutions designated by the 
                Secretary.
                    ``(B) Administration.--In providing advanced 
                payments under this subsection, a qualified financial 
                institution shall (in accordance with guidance issued 
                by the Secretary)--
                            ``(i) offer the advanced payments 
                        regardless of the location or size of the 
                        payments;
                            ``(ii) apply updated discount rates that 
                        vary only by payment term; and
                            ``(iii) distribute the advanced payments in 
                        accordance with the option elected by the 
                        tobacco quota holder or traditional producer of 
                        tobacco.
            ``(4) County offices.--A county office of the Department 
        may receive applications and other documentation necessary to 
        receive advanced payments under this subsection, on behalf of 
        the Secretary and qualified financial institutions.
    ``(d) Treatment of Payments.--Payments received by a tobacco quota 
holder or traditional producer of tobacco under this chapter shall be 
considered received not earlier than the date the tobacco quota holder 
or traditional producer of tobacco first receives the payments.

               ``CHAPTER 2--TOBACCO QUALITY AND QUANTITY

``SEC. 380G. TOBACCO QUALITY BOARD.

    ``(a) In General.--The Secretary shall establish a permanent 
advisory board within the Department, to be known as the `Tobacco 
Quality Board'.
    ``(b) Membership.--
            ``(1) In general.--The Tobacco Quality Board shall consist 
        of 13 members, of which--
                    ``(A) 5 members shall be appointed by the Secretary 
                from nominations submitted by representatives of 
                tobacco producers in the United States, including at 
                least--
                            ``(i) 1 representative of Flue-cured 
                        tobacco producers;
                            ``(ii) 1 representative of Burley tobacco 
                        producers; and
                            ``(iii) 1 representative of dark fire-cured 
                        tobacco producers;
                    ``(B) 5 members shall be appointed by the Secretary 
                from nominations submitted by representatives of 
                tobacco product manufacturers in the United States, 
                including at least--
                            ``(i) 1 representative of smokeless tobacco 
                        product manufacturers; and
                            ``(ii) 1 representative of export dealers 
                        of tobacco; and
                    ``(C) 3 at-large members shall be appointed by the 
                Secretary, including at least 1 officer or employee of 
                the Department.
            ``(2) Chairperson.--The Secretary shall appoint the 
        chairperson of the Tobacco Quality Board, with a different 
        member serving as chairperson of the Tobacco Quality Board each 
        term.
            ``(3) Terms.--Each member of the Tobacco Quality Board 
        shall serve for 2-year terms, except that the terms of the 
        members first appointed to the Tobacco Quality Board shall be 
        staggered so as to establish a rotating membership of the 
        Tobacco Quality Board, as determined by the Secretary.
    ``(c) Duties.--The Tobacco Quality Board shall--
            ``(1) determine and describe the physical characteristics 
        of tobacco produced in the United States and unmanufactured 
        tobacco imported into the United States;
            ``(2) assemble and evaluate, in a systematic manner, 
        concerns and problems with the quality of tobacco produced in 
        the United States, expressed by domestic and foreign buyers and 
        manufacturers of tobacco products;
            ``(3) review data collected by Federal agencies on the 
        physical and chemical integrity of tobacco produced in the 
        United States and unmanufactured tobacco imported into the 
        United States, to ensure that tobacco being used in 
        domestically-manufactured tobacco products is of the highest 
        quality and is free from prohibited physical and chemical 
        agents;
            ``(4) investigate and communicate to the Secretary--
                    ``(A) conditions with respect to the production of 
                tobacco that discourage improvements in the quality of 
                tobacco produced in the United States; and
                    ``(B) recommendations for regulatory changes that 
                would address tobacco quality issues;
            ``(5) conduct oversight regarding tobacco marketing issues 
        (such as opening sales dates and marketing regulations) 
        applicable to auction markets;
            ``(6) provide assistance to Federal agencies on actions 
        taken by the Federal agencies that affect the quality or 
        quantity of tobacco produced in the United States;
            ``(7) not later than a date determined by the Secretary, 
        make recommendations to the Secretary, and the applicable 
        Production Board established for the kind of tobacco, on the 
        range of base years for the maximum crop acreage base under 
        section 380I(c)(3)(B), and for the maximum crop poundage base 
        under section 380I(d)(3)(B), for each crop of each kind of 
        tobacco, except that the range of base years shall be the crop 
        years for the 1998 through 2002 crops unless otherwise 
        determined by the Tobacco Quality Board; and
            ``(8) carry out such other related activities as are 
        assigned to the Tobacco Quality Board by the Secretary.
    ``(d) Administration.--The Secretary shall provide the Tobacco 
Quality Board with (as determined by the Secretary)--
            ``(1) a staff that is--
                    ``(A) experienced in the sampling and analysis of 
                unmanufactured tobacco; and
                    ``(B) capable of collecting data and monitoring 
                tobacco production information; and
            ``(2) other resources and information necessary for the 
        Tobacco Quality Board to perform the duties of the Tobacco 
        Quality Board under this subtitle, including--
                    ``(A) information concerning acreage devoted to the 
                production of each kind of tobacco; and
                    ``(B) international information from the Foreign 
                Agricultural Service.
    ``(e) Applicability of Federal Advisory Committee Act.--The Federal 
Advisory Committee Act (5 U.S.C. App.) shall not apply to the Tobacco 
Quality Board.

``SEC. 380H. PRODUCTION BOARDS.

    ``(a) In General.--The Secretary shall establish a permanent 
advisory board for each kind of tobacco, to be known as a `Production 
Board'.
    ``(b) Membership.--
            ``(1) In general.--Subject to paragraph (2), a Production 
        Board for a kind of tobacco shall consist of--
                    ``(A) not more than 10 members appointed by the 
                Secretary from nominations submitted by representatives 
                of producers of that kind of tobacco in the United 
                States; and
                    ``(B) 1 officer or employee of the Department 
                appointed by the Secretary.
            ``(2) Allocation of membership.--In appointing members to a 
        Production Board established for a kind of tobacco, the number 
        of members appointed by the Secretary to represent each State 
        shall, to the maximum extent practicable, bear the same ratio 
        to the total number of members of the Production Board as--
                    ``(A) the total volume of domestic sales of the 
                kind of tobacco produced in the State during the most 
                recent period for which data is available; bears to
                    ``(B) the total volume of domestic sales of the 
                kind of tobacco produced in all States during the most 
                recent period for which data is available.
            ``(3) Chairperson.--The Secretary shall appoint the 
        chairperson of a Production Board, with a different member 
        serving as chairperson of the Production Board each term.
            ``(4) Terms.--Each member of a Production Board shall serve 
        for 2-year terms, except that the terms of the members first 
        appointed to the Production Board shall be staggered so as to 
        establish a rotating membership of the Production Board, as 
        determined by the Secretary.
    ``(c) Duties.--A Production Board established for a kind of tobacco 
shall--
            ``(1) not later than a date determined by the Secretary, 
        make recommendations to the Secretary on the base year, within 
        the range of base years recommended by the Tobacco Quality 
        Board under section 380G(c)(7), for the maximum crop acreage 
        base under section 380I(c)(3)(B) for each crop of each kind of 
        tobacco; and
            ``(2) carry out such other related activities as are 
        assigned to the Production Board by the Secretary.
    ``(d) Administration.--The Secretary shall provide each Production 
Board established for a kind of tobacco with (as determined by the 
Secretary)--
            ``(1) a staff that is knowledgeable about production and 
        marketing of that kind of tobacco; and
            ``(2) other resources and information necessary for the 
        Production Board to perform the duties of the Production Board 
        under this subtitle, including information concerning acreage 
        devoted to the production of each kind of tobacco.
    ``(e) Applicability of Federal Advisory Committee Act.--The Federal 
Advisory Committee Act (5 U.S.C. App.) shall not apply to a Production 
Board.

``SEC. 380I. TOBACCO PRODUCTION LIMITATION PROGRAMS.

    ``(a) Definitions.--In this section:
            ``(1) Crop acreage base.--The term `crop acreage base' 
        means the crop acreage base for a kind of tobacco for a crop 
        for an active producer of tobacco, as determined by the 
        Secretary.
            ``(2) Crop poundage base.--The term `crop poundage base' 
        means the crop poundage base for a kind of tobacco for a crop 
        for an active producer of tobacco, as determined by the 
        Secretary.
            ``(3) Permitted acreage.--The term `permitted acreage' 
        means the number of acres that may be devoted to the production 
        of a kind of tobacco by an active producer of tobacco, 
        consistent with the annual acreage limitation program, as 
        determined by the Secretary.
            ``(4) Permitted poundage.--The term `permitted poundage' 
        means the number of pounds of a kind of tobacco for a crop may 
        be produced by an active tobacco producer, consistent with the 
        annual poundage limitation program, as determined by the 
        Secretary.
    ``(b) Establishment.--
            ``(1) In general.--The Secretary shall establish for each 
        crop of each kind of tobacco--
                    ``(A) an acreage limitation program in accordance 
                with subsection (c); or
                    ``(B) a poundage limitation in accordance with 
                subsection (d).
            ``(2) Consultation.--The Secretary shall carry out the 
        acreage limitation program and the poundage limitation program 
        for a kind of tobacco in consultation with the Tobacco Advisory 
        Board and the applicable Production Board established for that 
        kind of tobacco.
            ``(3) Supply.--In carrying out an acreage limitation 
        program or a poundage limitation program for a crop of a kind 
        of tobacco, the Secretary shall determine whether the total 
        supply of that kind of tobacco, in the absence of the 
        respective production limitation program, will be excessive, 
        taking into account the need for an adequate carryover to 
        maintain reasonable and stable supplies and prices.
            ``(4) Announcement.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), the Secretary shall announce an 
                acreage limitation program or poundage limitation 
                program for each kind of tobacco not later than 
                December 15 of the calendar year preceding the year in 
                which the crop is harvested.
                    ``(B) Special rule for 2004 crop.--In the case of 
                the 2004 crop for a kind of tobacco, the Secretary 
                shall announce an acreage limitation program or 
                poundage limitation for each kind of tobacco as soon as 
                practicable after the date of the enactment of the 
                Tobacco Market Transition Act of 2004.
    ``(c) Acreage Limitation Program.--
            ``(1) In general.--Under an acreage limitation program for 
        a crop of a kind of tobacco announced under subsection (b), the 
        limitation shall be achieved by applying a uniform percentage 
        reduction to the crop acreage base for the kind of tobacco for 
        the crop for active producers of that kind of tobacco in each 
        traditional tobacco county, as determined by the Secretary.
            ``(2) Crop acreage bases.--
                    ``(A) In general.--The crop acreage base for an 
                active producer of tobacco for a crop of each kind of 
                tobacco shall equal the number of acres that is equal 
                to--
                            ``(i) in the case of the 2004 crop year, 
                        the average of the acreage planted and 
                        considered planted by the active producer of 
                        tobacco to the kind of tobacco for harvest in a 
                        traditional tobacco county in each of the 5 
                        crop years preceding the crop year, as 
                        determined and adjusted by the Secretary (in 
                        consultation with the Tobacco Quality Board and 
                        the applicable Production Board); and
                            ``(ii) in the case of each subsequent crop 
                        year, the number of acres planted and 
                        considered planted by the active producer of 
                        tobacco to the kind of tobacco for harvest in a 
                        traditional tobacco county in the preceding 
                        crop year, as determined and adjusted by the 
                        Secretary (in consultation with the Tobacco 
                        Quality Board and the applicable Production 
                        Board).
                    ``(B) Maximum crop acreage bases.--
                            ``(i) In general.--The total quantity of 
                        acreage devoted to a kind of tobacco by active 
                        producers of tobacco during a crop year shall 
                        not exceed the total quantity of acreage 
                        devoted to the kind of tobacco by active 
                        producers during a crop year determined by the 
                        Secretary.
                            ``(ii) Adjustment.--If the active producers 
                        of a kind of tobacco demonstrate to the 
                        Secretary that the application of clause (i) to 
                        a crop of a kind of tobacco will result in 
                        unbalanced supply and demand conditions, the 
                        Secretary may adjust the total quantity of 
                        acreage that may be devoted to the kind of 
                        tobacco by active producers during the crop 
                        year.
                    ``(C) Sale, lease, or transfer of crop acreage 
                bases.--An active producer of tobacco shall not sell, 
                lease, or transfer to another person a crop acreage 
                base established for the active producer of tobacco 
                under this paragraph.
                    ``(D) Reallocation of unused crop acreage bases.--
                            ``(i) County pool.--If an active producer 
                        of tobacco with a crop acreage base for a kind 
                        of tobacco elects not to use all or part of the 
                        crop acreage base to continue to produce that 
                        kind of tobacco, the unused crop acreage base 
                        shall be placed in a pool established for the 
                        traditional tobacco county for reallocation by 
                        the Secretary to other producers of that kind 
                        of tobacco in the traditional tobacco county 
                        that request the crop acreage base.
                            ``(ii) State pool.--If any crop acreage 
                        base for a kind of tobacco remains after the 
                        crop acreage base is made available to 
                        producers of that kind of tobacco in the 
                        traditional tobacco county in a State, the 
                        unused crop acreage base shall be placed in a 
                        pool established for the State for reallocation 
                        by the Secretary to other producers of that 
                        kind of tobacco in a traditional tobacco 
                        county.
                            ``(iii) New producers.--In reallocating 
                        unused crop acreage bases for a kind of tobacco 
                        in a traditional tobacco county made available 
                        under each of clauses (i) and (ii), the 
                        Secretary shall make available to any new 
                        producers of that kind of tobacco in the 
                        traditional tobacco county up to 10 percent of 
                        the crop acreage bases available for 
                        reallocation for the kind of tobacco in the 
                        traditional tobacco county.
    ``(d) Poundage Limitation Program.--
            ``(1) In general.--Under a poundage limitation program for 
        a crop of a kind of tobacco, the Secretary shall achieve the 
        limitation by applying a uniform percentage adjustment to the 
        crop poundage base of an active producer of tobacco for the 
        kind of tobacco in each traditional tobacco county, as 
        determined by the Secretary.
            ``(2) Determination of crop poundage bases.--
                    ``(A) 2004 crop year.--The crop poundage base for 
                an active tobacco producer for the 2004 crop of a kind 
                of tobacco shall equal the average of the number of 
                pounds of that kind of tobacco harvested by the active 
                tobacco producer in a traditional tobacco county and 
                marketed in each of the 5 crop years preceding the crop 
                year, as determined by the Secretary.
                    ``(B) Subsequent crop years.--In the case of the 
                2005 and subsequent crops of each kind of tobacco, the 
                crop poundage base for an active tobacco producer of a 
                kind of tobacco shall equal the number of pounds of 
                that kind of tobacco harvested by the active tobacco 
                producer in a traditional tobacco county and marketed 
                in the preceding crop year, as determined and adjusted 
                by the Secretary.
            ``(3) Maximum crop poundage bases.--
                    ``(A) In general.--The total number of pounds 
                devoted to a kind of tobacco by active tobacco 
                producers during a crop year shall not exceed the total 
                number of pounds devoted to the kind of tobacco by 
                active tobacco producers during a crop year determined 
                by the Secretary.
                    ``(B) Adjustment.--If the active tobacco producers 
                of a kind of tobacco demonstrate to the Secretary that 
                the application of paragraph (1) to a crop of a kind of 
                tobacco will result in unbalanced supply and demand 
                conditions, the Secretary may adjust the total number 
                of pounds that may be devoted to the kind of tobacco by 
                active tobacco producers during the crop year.
            ``(4) Sale, lease, or transfer of crop poundage bases.--
                    ``(A) Prohibition.--An active producer of tobacco 
                shall not directly or indirectly sell, lease, or 
                transfer to another person or other legal entity a crop 
                poundage base established for an active tobacco 
                producer under this subsection.
                    ``(B) Exception.--If the crop poundage base of an 
                active producer of tobacco for a type of tobacco covers 
                tobacco that was produced by the producer in more than 
                1 traditional tobacco county, the producer may elect to 
                consolidate the base in a single traditional tobacco 
                county in which the producer bore or shared in the risk 
                of producing a crop of that kind of tobacco for the 
                2002 crop year.
            ``(5) Reallocation of unused crop poundage bases.--
                    ``(A) County pool.--If an active producer of 
                tobacco with a crop poundage base for a kind of tobacco 
                elects not to use all or part of the crop poundage 
                base, the unused crop poundage base shall be placed in 
                a pool established for the traditional tobacco county 
                where the unused crop poundage base was originally 
                located for reallocation by the Secretary to other 
                active producers of tobacco of that kind of tobacco in 
                the traditional tobacco county, in a manner determined 
                by the Secretary.
                    ``(B) State pool.--If any crop poundage base for a 
                kind of tobacco remains after the crop poundage base is 
                made available to producers of that kind of tobacco in 
                the traditional tobacco county in a State under 
                subparagraph (A), the unused crop poundage base shall 
                be placed in a pool established for the State for 
                reallocation by the Secretary to other producers of 
                that kind of tobacco in traditional tobacco counties, 
                in a manner determined by the Secretary.
                    ``(C) Traditional growing area pool.--If any crop 
                poundage base for a kind of tobacco remains after the 
                crop poundage base is made available to producers of 
                that kind of tobacco under subparagraphs (A) and (B), 
                the unused crop poundage base shall be placed in a pool 
                established for reallocation by the Secretary to other 
                producers of that kind of tobacco in a traditional 
                tobacco county for that kind of tobacco.
                    ``(D) New producers.--In reallocating unused crop 
                poundage bases for a kind of tobacco in a traditional 
                tobacco county made available under any of 
                subparagraphs (A) through (C), the Secretary shall make 
                available to any new producers of that kind of tobacco 
                in the traditional tobacco county up to 10 percent of 
                the crop poundage bases available for reallocation for 
                the kind of tobacco in the traditional tobacco county.
    ``(e) Compliance.--
            ``(1) Loans, purchases, or payments.--An active producer of 
        tobacco that knowingly produces a kind of tobacco in excess of 
        the permitted acreage or permitted poundage, as applicable, for 
        the kind of tobacco, or violates any lease or transfer 
        requirements of this section, shall be ineligible for any 
        loans, purchases, or payments for that crop of the kind of 
        tobacco.
            ``(2) No carryover.--An active producer of tobacco may not 
        carry over permitted poundage or permitted acreage, as 
        applicable, for a crop of a kind of tobacco, that is not 
        produced by the producer, for production in a subsequent crop 
        year.
            ``(3) Penalties.--
                    ``(A) Criminal penalty.--An active producer of 
                tobacco that violates paragraph (1) shall be fined not 
                more than $100,000 or imprisoned not more than 2 years, 
                or both.
                    ``(B) Civil penalty.--An active producer of tobacco 
                that violates paragraph (2) shall be subject to a civil 
                penalty in an amount not to exceed 2 percent of the 
                value of the kind of tobacco produced by the producer 
                during the applicable crop year, as determined by the 
                Secretary.
                    ``(C) Additional penalties.--A civil penalty under 
                subparagraph (B) for a violation shall be in addition 
                to any criminal penalty under subparagraph (A) for the 
                violation.
                    ``(D) Jurisdiction to prevent and restrain 
                violations.--A United States district court shall have 
                jurisdiction to prevent and restrain an active producer 
                of tobacco from producing a kind of tobacco in excess 
                of the permitted acreage for the kind of tobacco.
            ``(4) Compliance with conservation and agricultural 
        requirements.--As a condition of the establishment of a crop 
        acreage base or crop poundage base, as applicable, for active 
        producers of tobacco for a crop of a kind of tobacco, the 
        active producers of tobacco shall agree, during the crop year 
        for which the crop acreage base or crop poundage base is 
        established--
                    ``(A) to comply with applicable conservation 
                requirements under subtitle B of title XII of the Food 
                Security Act of 1985 (16 U.S.C. 3811 et seq.);
                    ``(B) to comply with applicable wetland protection 
                requirements under subtitle C of title XII of the Act 
                (16 U.S.C. 3821 et seq.);
                    ``(C) to use the land of the active producer of 
                tobacco, in a quantity equal to the crop acreage base 
                for an agricultural or conserving use, and not for a 
                nonagricultural commercial or industrial use, as 
                determined by the Secretary; and
                    ``(D) to effectively control noxious weeds and 
                otherwise maintain the land in accordance with sound 
                agricultural practices, as determined by the Secretary, 
                if the agricultural or conserving use involves the 
                noncultivation of any portion of the land referred to 
                in subparagraph (C).

       ``CHAPTER 3--TOBACCO COMMUNITY ECONOMIC DEVELOPMENT GRANTS

``SEC. 380O. TOBACCO COMMUNITY ECONOMIC DEVELOPMENT GRANTS.

    ``(a) In General.--The Secretary shall make grants to eligible 
States in accordance with this section to pay the cost of carrying out 
economic development initiatives in impacted communities.
    ``(b) Application.--To be eligible to receive payments under this 
section, an eligible State shall prepare and submit to the Secretary an 
application at such time, in such manner, and containing such 
information as the Secretary may require, including--
            ``(1) a description of the activities that the eligible 
        State will carry out using amounts received under the grant; 
        and
            ``(2) a description of the State department of agriculture 
        that will administer amounts received under the grant.
    ``(c) Amount of Grant.--From the amounts available to carry out 
this section, the Secretary shall allot--
            ``(1) $20,000,000 to the State of Maryland;
            ``(2) $14,000,000 to the State of Pennsylvania;
            ``(3) $50,000,000 to the State of South Carolina; and
            ``(4) $50,000,000 to the State of North Carolina.
    ``(d) Payments.--An eligible State that has an application approved 
by the Secretary under subsection (b) shall be entitled to a payment 
under this section, in 5 equal installments, in an amount that is equal 
to its allotment under subsection (c).
    ``(e) Use of Funds.--Amounts received by an eligible State under 
this section shall be used to carry out economic development activities 
in impacted communities of the eligible State, as determined by the 
eligible State.
    ``(f) Termination Date.--The authority provided by this section 
terminates on September 30, 2008.

          ``CHAPTER 4--COMPETITIVE GRANTS FOR TOBACCO RESEARCH

``SEC. 380Q. COMPETITIVE GRANTS FOR TOBACCO RESEARCH.

    ``(a) In General.--Notwithstanding any other provision of law, the 
Secretary shall make competitive grants under section 406 of the 
Agricultural Research, Extension, and Education Reform Act of 1998 (7 
U.S.C. 7626) to colleges and universities located in eligible States to 
conduct research--
            ``(1) to assist tobacco producers to diversify crops or 
        implement other means to reduce or eliminate the reliance of 
        the producers on the production of tobacco or to promote 
        alternative uses of tobacco or enhance the quality of tobacco 
        produced in the United States; and
            ``(2) to foster and facilitate development, evaluation, and 
        implementation of economically viable new agricultural 
        technologies and enterprises for rural communities.
    ``(b) Grant Distribution.--In making grants under this section, the 
Secretary shall provide for an equitable distribution of the grants 
based on the volume of each kind of tobacco that is produced in each 
eligible State, as determined by the Secretary
    ``(c) Termination Date.--The authority provided by this section 
terminates on September 30, 2008.

                          ``CHAPTER 5--FUNDING

``SEC. 380S. TOBACCO TRUST FUND.

    ``(a) Establishment.--There is established in the Commodity Credit 
Corporation a revolving trust fund to be used in carrying out this 
subtitle (referred to in this section as the `Fund'), consisting of--
            ``(1) such amounts as are deposited in the Fund under 
        subsection (b);
            ``(2) such amounts as are necessary from the Commodity 
        Credit Corporation; and
            ``(3) any interest earned on investment of amounts in the 
        Fund under subsection (d).
    ``(b) Deposits.--Revenues from assessments collected under section 
380T shall be deposited in the Fund.
    ``(c) Expenditures.--
            ``(1) In general.--Subject to paragraphs (2) and (3) and 
        notwithstanding any other provision of law, in addition to any 
        other funds that may be available, the Secretary may use from 
        the Fund such amounts as the Secretary determines are 
        necessary--
                    ``(A) to make payments to tobacco quota holders and 
                traditional producers under chapter 1;
                    ``(B) to pay necessary expenses of the Tobacco 
                Quality Board and Production Boards and to carry out 
                the acreage limitation program under chapter 2;
                    ``(C) to make tobacco community economic 
                development grants under chapter 3, in an amount equal 
                to $16,800,000 for each of fiscal years 2004 through 
                2008;
                    ``(D) to make competitive grants for tobacco 
                research under chapter 4, in an amount equal to 
                $12,000,000 for each of fiscal years 2004 through 2008;
                    ``(E) to make grants to each 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) (as 
                in effect before the effective date of this subtitle) 
                to assist the association to transition to alternative 
                methods of marketing tobacco in accordance with a plan 
                approved by the Secretary, with the grants allocated on 
                the basis of the proportion of tobacco marketed by each 
                association, in an amount not to exceed $1,000,000 for 
                each association for each kind of tobacco for each of 
                fiscal years 2004 through 2008;
                    ``(F) to make payments to appropriate tobacco 
                warehouse associations, as determined by the Secretary, 
                in an amount not to exceed $500,000 for each of fiscal 
                years 2004 through 2008;
                    ``(G) to pay administrative costs incurred by the 
                Secretary in carrying out this subtitle; and
                    ``(H) to reimburse the Commodity Credit Corporation 
                for costs incurred by the Commodity Credit Corporation 
                under paragraph (2).
            ``(2) Expenditures by commodity credit corporation.--
                    ``(A) In general.--Subject to subparagraph (B) and 
                notwithstanding any other provision of law, the 
                Secretary shall use funds of the Commodity Credit 
                Corporation to make payments under paragraph (1).
                    ``(B) Reimbursement to commodity credit 
                corporation.--Not later than January 1, 2013, the 
                Commodity Credit Corporation shall be reimbursed in 
                full, with interest, for all funds of the Commodity 
                Credit Corporation expended under subparagraph (A).
            ``(3) Administrative expenses.--
                    ``(A) In general.--An amount not to exceed 
                $20,000,000 for each fiscal year of the amounts in the 
                Fund shall be available to pay the administrative 
                expenses necessary to carry out this subtitle.
                    ``(B) Termination date.--The authority provided by 
                this paragraph terminates on September 30, 2013.
    ``(d) Investment of Amounts.--
            ``(1) In general.--The Commodity Credit Corporation shall 
        invest such portion of the Fund as is not, in the judgment of 
        the Commodity Credit Corporation, required to meet current 
        withdrawals.
            ``(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 
        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 
        Fund shall be credited to and form a part of the Fund.
    ``(e) Administration.--In administering the Fund, the Secretary 
shall make payments, reimburse agencies of the Department, and accept 
deposits without regard to limitations on total amounts of allotments 
and fund transfers under section 11 of the Commodity Credit Corporation 
Charter Act (15 U.S.C. 714i).

``SEC. 380T. ASSESSMENTS.

    ``(a) Definition of Gross Domestic Volume.--In this section, the 
term `gross domestic volume' means the volume of tobacco products--
            ``(1) removed (as defined by section 5702 of the Internal 
        Revenue Code of 1986); and
            ``(2) 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).
    ``(b) Assessments.--The Secretary, acting through the Commodity 
Credit Corporation, shall impose quarterly assessments, 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.
    ``(c) Tobacco Trust Fund.--Assessments collected under this section 
shall be deposited in the Tobacco Trust Fund.
    ``(d) Assessment for Each Class of Tobacco Product.--
            ``(1) Allocation by class of tobacco products.--The 
        percentage of the total amount to be assessed against, and paid 
        by, the manufacturers and importers of each class of tobacco 
        product in each applicable fiscal year shall be--
                    ``(A) for cigarette manufacturers and importers, 
                99.409 percent;
                    ``(B) for snuff manufacturers and importers, 0.428 
                percent;
                    ``(C) for chewing tobacco manufacturers and 
                importers, 0.098 percent;
                    ``(D) for pipe tobacco manufacturers and importers, 
                0.021 percent; and
                    ``(E) for roll-your-own tobacco manufacturers and 
                importers, 0.044 percent.
            ``(2) Adjustment.--The Secretary shall adjust the 
        percentage of the total amount to be assessed against, as 
        determined under paragraph (1), and paid by, the manufacturers 
        and importers of each class of tobacco product in each 
        applicable fiscal year by multiplying the percentage of the 
        total amount to be assessed, as determined under paragraph (1), 
        by a fraction--
                    ``(A) the numerator of which is the total volume of 
                domestic sales of that class of tobacco product during 
                the preceding applicable fiscal year; and
                    ``(B) the denominator of which is the total volume 
                of domestic sales of that class of tobacco product 
                during fiscal year 2003.
            ``(3) Total assessment.--
                    ``(A) In general.--The total amount to be assessed 
                against all manufacturers and importers of all classes 
                of tobacco product in each applicable fiscal year shall 
                be equal to the amount required to carry out this 
                subtitle during the applicable fiscal year, as 
                determined by the Secretary.
                    ``(B) Additional amount.--
                            ``(i) In general.--If the amount to be 
                        assessed after the application of paragraphs 
                        (1) and (2) is insufficient to carry out this 
                        subtitle during the applicable fiscal year, the 
                        Secretary may assess such additional amount as 
                        the Secretary determines to be necessary to 
                        carry out this subtitle during the applicable 
                        fiscal year.
                            ``(ii) Allocation.--The additional amount 
                        shall be allocated to the manufacturers and 
                        importers of each class of tobacco product in 
                        the same manner and based on the same 
                        percentages applied in determining the total 
                        amount to be assessed under paragraph (1), as 
                        adjusted under paragraph (2) during the 
                        applicable fiscal year.
            ``(4) Notification of assessments.--
                    ``(A) In general.--The Secretary shall notify all 
                manufacturers and importers of tobacco products of the 
                amount of the assessment for each quarterly payment 
                period.
                    ``(B) Contents.--The notice for a quarterly payment 
                period shall describe gross domestic sales and market 
                shares for the quarterly payment period and conform 
                with the requirements of subsection (i).
            ``(5) Timing of assessment payments.--
                    ``(A) In general.--Assessments shall be collected 
                at the end of each calendar year quarter.
                    ``(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.
                    ``(C) Amounts.--Subject to subparagraph (D), 
                beginning with the calendar quarter ending on December 
                31 of each applicable fiscal year, the payments over 4 
                calendar quarters shall be sufficient to cover--
                            ``(i) the payments required under chapter 1 
                        on November 1 of that same applicable fiscal 
                        year; and
                            ``(ii) other expenditures from the Tobacco 
                        Trust Fund required under section 380S during 
                        the base quarter periods corresponding to those 
                        4 calendar quarters.
                    ``(D) Special rule.--In the case of payments 
                required under chapter 1 that are due on September 30, 
                2004, the assessments shall be paid on that same date 
                and correspond to the first base period of 6 months.
    ``(e) Allocation of Assessment Within Each Class of Tobacco 
Product.--
            ``(1) In general.--The assessment for each class of tobacco 
        product 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 to be paid by each 
manufacturer or importer of the class of tobacco product under 
subsection (b) 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 (d), 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, the numbers of 
                cigarettes; and
                    ``(B) in the case of other classes of tobacco 
                products, in terms of number of pounds, or fraction 
                thereof, of those products.
    ``(h) Measurement of Volume of Domestic Sales.--
            ``(1) In general.--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 Government 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) Penalties.--
                    ``(A) In general.--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.
                    ``(B) Additional civil penalty.--In addition, the 
                Secretary may assess against the person a civil penalty 
                in an amount not to exceed 2 percent of the value of 
                the kind of tobacco products manufactured or imported 
                by the person during the applicable fiscal year, as 
                determined by the Secretary.
    ``(i) Assessment Notification; Content.--
            ``(1) In general.--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 the 
        applicable quarterly period.
            ``(2) Deadline.--The notice for a quarterly period shall be 
        provided not later than 30 days before the date payment is due 
        under subsection (d)(5).
            ``(3) Contents.--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 
                subsection (d)(2).
                    ``(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.
    ``(j) Challenge to Assessment.--
            ``(1) Appeal to secretary.--A manufacturer or importer 
        subject to this section may contest an assessment imposed on 
        the person under this section by notifying the Secretary not 
        later than 10 business days after receiving the assessment 
        notification required by subsection (i).
            ``(2) Escrow.--The manufacturer and importer may place into 
        escrow, in accordance with rules promulgated by the Secretary, 
        only the portion of the assessment being challenged in good 
        faith pending final determination of the assessment under this 
        subsection.
            ``(3) Information.--The Secretary shall by regulation 
        establish a procedure under which a person contesting an 
        assessment under this subsection may present information to the 
        Secretary to demonstrate that the assessment is incorrect, 
        including information to demonstrate the following:
                    ``(A) The total combined assessment imposed by the 
                Secretary on all manufacturers and importers is 
                excessive.
                    ``(B) The Secretary's allocation of the total 
                assessment among the classes of tobacco products is 
                incorrect.
                    ``(C) The total volume of gross domestic sales of 
                all manufacturers and importers of the relevant class 
                of tobacco product calculated by the Secretary under 
                subsection (f) is incorrect.
                    ``(D) The level of gross domestic sales attributed 
                to the person by the Secretary for purposes of 
                calculating the person's market share under subsection 
                (f) exceeds the person's actual domestic sales of that 
                class of tobacco product.
                    ``(E) The amount of the assessment attributed to 
                the person by the Secretary exceeds the person's pro 
                rata share based on the person's share of gross 
                domestic sales.
            ``(4) Challenge.--
                    ``(A) In general.--In challenging an assessment 
                under this subsection, the manufacturer or importer may 
                use any information that is available, including third 
                party data on industry or individual company sales 
                volumes.
                    ``(B) Incorrect determination.--The information may 
                constitute evidence sufficient to establish that the 
                Secretary's initial determination was incorrect, in 
                which event the assessment shall be revised so that the 
                manufacturer or importer is required only to pay the 
                amount correctly determined.
            ``(5) Time for review.--Not later than 30 days after 
        receiving notice from a manufacturer or importer under 
        paragraph (2), the Secretary shall--
                    ``(A) decide whether the information provided to 
                the Secretary pursuant to that paragraph, 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.
            ``(6) 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.
            ``(7) Judicial review.--
                    ``(A) 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 under this 
                subsection.
                    ``(B) Time limits.--Administrative remedies shall 
                be deemed exhausted if no decision by the Secretary is 
                made within the time limits established under paragraph 
                (5).
                    ``(C) 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.
            ``(8) Regulations.--Not later than 180 days after the date 
        of enactment of this subtitle, the Secretary shall promulgate 
        regulations to implement this subsection (in accordance with 
        section 301 of the Tobacco Market Transition Act of 2004).
    ``(k) Use of Qualified Financial Institutions.--The Secretary may 
use qualified financial institutions to manage assets, make payments, 
and otherwise carry out this subtitle.
    ``(l) Termination Date.--The authority provided by this section 
terminates on September 30, 2013.

``SEC. 380U. COMMODITY CREDIT CORPORATION.

    The Secretary shall use the funds, facilities, and authorities of 
the Commodity Credit Corporation to carry out this subtitle, to remain 
available until expended.

``SEC. 380V. TRANSITION PROVISIONS.

    ``(a) Tobacco Stocks.--
            ``(1) In general.--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 
        subsection.
            ``(2) Associations.--For each kind of tobacco held by an 
        association, the proportion of loan pool stocks for each kind 
        of tobacco held by the association that shall be transferred to 
        the association shall be equal to--
                    ``(A) 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), respectively, for the kind of tobacco; divided 
                by
                    ``(B) the average list price per pound for the kind 
                of tobacco, as determined by the Secretary.
            ``(3) Commodity credit corporation.--Any loan pool stocks 
        of a kind of tobacco of an association that are not disposed of 
        in accordance with paragraph (2) shall be--
                    ``(A) transferred by the association to the 
                Commodity Credit Corporation; and
                    ``(B) disposed of in a manner determined by the 
                Secretary.
    ``(b) No Net Cost Funds.--
            ``(1) In general.--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), respectively, that 
        remain after the application of subsection (a) and sections 
        106A and 106B of the Agricultural Act of 1949 (7 U.S.C. 1445, 
        1445-1) (as in effect before the effective date of this 
        subtitle) shall be transferred to the association for 
        distribution to traditional producers of tobacco in accordance 
        with a plan approved by the Secretary.
            ``(2) Associations with no loan pool stocks.--In the case 
        of an association that does not hold any loan pool stocks that 
        are covered by subsection (a)(2), any funds in the No Net Cost 
        Tobacco Fund or the No Net Cost Tobacco Account of the 
        association established under sections 106A and 106B of the 
        Agricultural Act of 1949 (7 U.S.C. 1445-1, 1445-2), 
        respectively, shall be transferred to the association for 
        distribution to traditional producers of tobacco in accordance 
        with a plan approved by the Secretary.
    ``(c) Reimbursement to Commodity Credit Corporation.--There shall 
be transferred from the Tobacco Trust Fund to each 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), respectively, 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.''.

SEC. 1152. TOBACCO INSURANCE RESEARCH AND DEVELOPMENT.

    (a) In General.--Section 522(b)(1) of the Federal Crop Insurance 
Act (7 U.S.C. 1522(b)(1)) is amended--
            (1) by redesignating subparagraphs (A) and (B) as clauses 
        (i) and (ii), respectively, and indenting appropriately;
            (2) by striking ``The Corporation'' and inserting the 
        following--
                    ``(A) In general.--The''; and
            (3) by adding at the end the following:
                    ``(B) Tobacco research and development.--Subject to 
                the availability of funds under subsection (e)(5), the 
                Corporation shall provide a payment to reimburse an 
                applicant for research and development costs directly 
                related to a policy that is--
                            ``(i) submitted to the Board and approved 
                        by the Board under section 508(h) for 
                        reinsurance;
                            ``(ii) if applicable, offered for sale to 
                        producers; and
                            ``(iii) addresses risk in the production of 
                        tobacco.''.
    (b) Assessments.--Section 522(e) of the Federal Crop Insurance Act 
(7 U.S.C. 1522(e)) is amended by adding at the end the following:
            ``(5) Tobacco assessment.--
                    ``(A) In general.--Effective for each marketing 
                year for a kind of tobacco for which a commodity-
                specific plan of insurance is offered under this Act, 
                subject to subparagraphs (B) through (D), each producer 
                and purchaser of that kind of tobacco shall remit to 
                the Insurance Fund established under section 516(c) a 
                nonrefundable marketing assessment in an amount 
                determined by the Secretary pursuant to subparagraphs 
                (B) and (C).
                    ``(B) Total amount.--The total amount of producer 
                and purchaser assessments for a kind of tobacco 
                collected under this paragraph shall be equal to the 
                amount that is necessary to carry out subsection 
                (b)(1)(B).
                    ``(C) Administration.--Producer and purchaser 
                assessments for a kind of tobacco under this 
                paragraph--
                            ``(ii) shall be determined in such a manner 
                        that producers and purchasers share equally, to 
                        the maximum extent practicable, in paying 
                        assessments required under this paragraph; and
                            ``(ii) shall not exceed 5 cents per pound.
                    ``(D) Termination.--Effective beginning with the 
                2010 crop of each kind of tobacco, the Secretary may 
                terminate the collection of assessments for that kind 
                of tobacco if the Secretary determines that further 
                research and development under subsection (b)(1)(B) 
                would not be productive.''.
    (c) Insurance Fund.--Section 516(c)(1) of the Federal Crop 
Insurance Act (7 U.S.C. 1516(c)(1)) is amended by inserting 
``assessments for tobacco research made available under section 
522(e)(5),'' after ``under subsection (a)(2),''.

SEC. 1153. 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 2003 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''.

                       CHAPTER 3--IMPLEMENTATION

SEC. 1161. REGULATIONS.

    (a) In General.--The Secretary of Agriculture may promulgate such 
regulations as are necessary to implement this subtitle and the 
amendments made by this subtitle.
    (b) Procedure.--The promulgation of the regulations and 
administration of this subtitle and the amendments made by this 
subtitle 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. 1162. EFFECTIVE DATE.

    This subtitle and the amendments made by this subtitle shall apply 
to the 2004 and subsequent crops of each kind of tobacco.

            Attest:

                                                             Secretary.
108th CONGRESS

  2d Session

                               H. R. 4520

_______________________________________________________________________

                               AMENDMENT
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