980 
‘‘(C) the transmission or refining of oil or 
gas, or 
‘‘(D) the production of any qualified fuel 
(as defined in section 45K(c)).’’. 
SEC. 1362. PAYMENT OF DIVIDENDS ON STOCK OF CO-
OPERATIVES WITHOUT REDUCING PATRON-
AGE DIVIDENDS. 
(a) IN GENERAL.—Subsection (a) of section 1388 
(relating to patronage dividend defined) is amended by 
adding at the end the following: ‘‘For purposes of para-
graph (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 ex-
tent 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 pay-
able 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 
ending after the date of the enactment of this Act.
981 
SEC. 1363. DISTRIBUTIONS FROM PUBLICLY TRADED PART-
NERSHIPS 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 re-
spect 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 con-
tracts) 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 part-
982 
nership 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
PARTNER-
SHIP.—For purposes of this section, the term ‘qualified 
publicly traded partnership’ means a publicly traded part-
nership described in section 7704(b) other than a partner-
ship 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)’’.
983 
(f) LIMITATION ON COMPOSITION OF ASSETS.—Sub-
paragraph (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 Govern-
ment securities or the securities of other 
regulated investment companies) of any 
one issuer, 
‘‘(ii) the securities (other than the se-
curities of other regulated investment com-
panies) of two or more issuers which the 
taxpayer controls and which are deter-
mined, 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.—Sub-
section (k) of section 469 (relating to separate application 
of section in case of publicly traded partnerships) is
984 
amended by adding at the end the following new para-
graph: 
‘‘(4) APPLICATION
TO
REGULATED
INVEST-
MENT COMPANIES.—For purposes of this section, a 
regulated investment company (as defined in section 
851) holding an interest in a qualified publicly trad-
ed 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 in-
terest.’’. 
(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. 1364. CEILING FANS. 
(a) IN GENERAL.—Subchapter II of chapter 99 of 
the Harmonized Tariff Schedule of the United States is 
amended by inserting in numerical sequence the following 
new heading: 
‘‘ 
9902.84.14 
Ceiling fans for permanent 
installation (provided for in 
subheading 8414.51.00) ......
Free 
No change 
No change 
On or before 
12/31/2005 
’’. 
(b) EFFECTIVE DATE.—The amendment made by 
this section applies to goods entered, or withdrawn from 
warehouse, for consumption on or after the 15th day after 
the date of enactment of this Act.
985 
SEC. 1365. CERTAIN STEAM GENERATORS, AND CERTAIN 
REACTOR VESSEL HEADS, USED IN NUCLEAR 
FACILITIES. 
(a) 
CERTAIN
STEAM
GENERATORS.—Heading 
9902.84.02 of the Harmonized Tariff Schedule of the 
United States is amended by striking ‘‘12/31/2006’’ and 
inserting ‘‘12/31/2008’’. 
(b) CERTAIN
REACTOR
VESSEL
HEADS.—Sub-
chapter II of chapter 99 of the Harmonized Tariff Sched-
ule of the United States is amended by inserting in numer-
ical sequence the following new heading: 
‘‘ 
9902.84.03 
Reactor vessel heads for nu-
clear reactors (provided for 
in subheading 8401.40.00) ..
Free 
No change 
No change 
On or before 
12/31/2007 
’’. 
(c) EFFECTIVE DATE.— 
(1) SUBSECTION (a).—The amendment made 
by subsection (a) shall take effect on the date of the 
enactment of this Act. 
(2) SUBSECTION (b).—The amendment made 
by subsection (b) shall apply to goods entered, or 
withdrawn from warehouse, for consumption on or 
after the 15th day after the date of the enactment 
of this Act.
986 
SEC. 1366. BROWNFIELDS DEMONSTRATION PROGRAM FOR 
QUALIFIED GREEN BUILDING AND SUSTAIN-
ABLE DESIGN PROJECTS. 
(a) TREATMENT AS EXEMPT FACILITY BOND.—Sub-
section (a) of section 142 (relating to the definition of ex-
empt 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 fa-
cility bonds) is amended by adding at the end thereof the 
following new subsection: 
‘‘(l) QUALIFIED GREEN BUILDING AND SUSTAIN-
ABLE DESIGN PROJECTS.— 
‘‘(1) IN GENERAL.—For purposes of subsection 
(a)(14), the term ‘qualified green building and sus-
tainable 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 sustain-
able design project and which meets the require-
ments of clauses (i), (ii), (iii), and (iv) of paragraph 
(4)(A).
987 
‘‘(2) DESIGNATIONS.— 
‘‘(A) IN GENERAL.—Within 60 days after 
the end of the application period described in 
paragraph (3)(A), the Secretary, after consulta-
tion with the Administrator of the Environ-
mental Protection Agency, shall designate quali-
fied 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 pursu-
ant 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 des-
ignated in a State. A project shall not be des-
ignated if such project includes a stadium or 
arena for professional sports exhibitions or 
games. 
‘‘(B) MINIMUM CONSERVATION AND TECH-
NOLOGY
INNOVATION
OBJECTIVES.—The Sec-
retary, after consultation with the Adminis-
trator of the Environmental Protection Agency, 
shall ensure that, in the aggregate, the projects 
designated shall—
988 
‘‘(i) reduce electric consumption by 
more than 150 megawatts annually as 
compared to conventional construction, 
‘‘(ii) reduce daily sulfur dioxide emis-
sions by at least 10 tons compared to coal 
generation power, 
‘‘(iii) expand by 75 percent the do-
mestic 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 en-
actment of this subsection, and 
‘‘(B) such State or local government pro-
vides written assurances that the project will 
satisfy the eligibility criteria described in para-
graph (4). 
‘‘(4) APPLICATION.— 
‘‘(A) IN GENERAL.—A project may not be 
designated under this subsection unless the ap-
989 
plication for such designation includes a project 
proposal which describes the energy efficiency, 
renewable energy, and sustainable design fea-
tures of the project and demonstrates that the 
project satisfies the following eligibility criteria: 
‘‘(i) GREEN BUILDING AND SUSTAIN-
ABLE 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 ex-
pected (at the time of the designation) to 
receive such certification. 
‘‘(ii) 
BROWNFIELD
REDEVELOP-
MENT.—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 de-
scribed 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
990 
$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 ef-
ficiency, renewable energy, and sus-
tainable design features of the project. 
‘‘(II) Compliance with LEED 
certification standards. 
‘‘(III) The purchase, remediation, 
and foundation construction and prep-
aration of the brownfields site.
991 
‘‘(vi) EMPLOYMENT.—The project is 
projected to provide permanent employ-
ment of at least 1,500 full time equivalents 
(150 full time equivalents in rural States) 
when completed and construction employ-
ment 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 em-
ployment. 
‘‘(B) PROJECT DESCRIPTION.—Each appli-
cation described in subparagraph (A) shall con-
tain for each project a description of— 
‘‘(i) the amount of electric consump-
tion 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 in-
stalled capacity of the project’s solar pho-
tovoltaic capacity measured in megawatts, 
and