In this task, you are given text for US Congressional and California state bills, your task is to generate a summary for this bill.

Q: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``529 and ABLE Account Improvement Act 
of 2016''.

SEC. 2. EMPLOYER CONTRIBUTIONS TO QUALIFIED TUITION PROGRAMS AND 
              QUALIFIED ABLE PROGRAMS.

    (a) In General.--Subsection (a) of section 132 of the Internal 
Revenue Code of 1986 is amended by striking ``or'' at the end of 
paragraph (7), by striking the period at the end of paragraph (8) and 
inserting ``, or'', and by adding at the end the following new 
paragraph:
            ``(9) qualified tuition program and qualified ABLE program 
        contributions.''.
    (b) Qualified Tuition Program and Qualified ABLE Program 
Contributions Defined.--Section 132 of such Code is amended by 
redesignating subsection (o) as subsection (p) and inserting after 
subsection (n) the following new subsection:
    ``(o) Qualified Tuition Program and Qualified ABLE Program 
Contributions Defined.--
            ``(1) In general.--For purposes of this section, the term 
        `qualified tuition and qualified ABLE program contributions' 
        means contributions (including matching contributions) made by 
        an employer directly to a qualified tuition program (as 
        described in section 529) or qualified ABLE program (as 
        described in section 529A) designated by an employee if--
                    ``(A) such contribution is made to an account under 
                such program for which the designated beneficiary is 
                the employee or a member of the family of the employee 
                (within the meaning of section 529(e)(2)), and
                    ``(B) such contribution is made in connection with 
                a qualified payroll deduction contribution program 
                established by the employer.
            ``(2) Qualified payroll deduction contribution program.--
        For purposes of this subsection, the term `qualified payroll 
        deduction contribution program' means a program established by 
        an employer--
                    ``(A) under which employees may elect to make 
                contributions to accounts described in paragraph (1)(A) 
                which reduce the amount of wages received directly by 
                such employee by the amount of such contribution, and
                    ``(B) which is made available on substantially the 
                same terms to each member of a group of employees which 
                is defined under a reasonable classification set up by 
                the employer which does not discriminate in favor of 
                highly compensated employees (as defined in section 
                414(q)).
            ``(3) Limitation on exclusion.--The amount of qualified 
        tuition and qualified ABLE program contributions which may be 
        excluded from gross income under subsection (a)(9) with respect 
        to any employee shall not exceed $100 in any calendar year.
            ``(4) Nondiscrimination rule for employer contributions.--
        Subsection (a)(9) shall only apply to contributions provided 
        with respect to a highly compensated employee if such 
        contributions meet the requirements of paragraph (2)(B).
            ``(5) Inflation adjustment.--
                    ``(A) In general.--In the case of any taxable year 
                beginning in a calendar year after 2016, the $100 
                amount contained in paragraph (3) 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, 
                        determined by substituting `calendar year 2015' 
                        for `calendar year 1992' in subparagraph (B) 
                        thereof.
                    ``(B) Rounding.--Any increase determined under 
                subparagraph (A) shall be rounded to the nearest 
                multiple of $25.''.
    (c) Effective Date.--The amendments made by this section shall 
apply to contributions made after December 31, 2016.

SEC. 3. TAX CREDIT FOR SMALL EMPLOYER COSTS OF ESTABLISHING DIRECT 
              PAYROLL DEDUCTION INTO QUALIFIED TUITION PROGRAMS AND 
              QUALIFIED ABLE PROGRAMS.

    (a) In General.--Section 45E of the Internal Revenue Code of 1986 
is amended by adding at the end the following new subsection:
    ``(f) Application to Programs for Payroll Deduction Contributions 
to Qualified Tuition Programs and Qualified ABLE Programs.--In the case 
of a qualified payroll deduction contribution program (as defined in 
section 132(o)(2)) established by an employer--
            ``(1) such program shall be treated as an eligible employer 
        plan for purposes of this section,
            ``(2) this section (including the limitation of subsection 
        (b)) shall be applied separately with respect to such programs 
        and any other eligible employer plans of the employer, and
            ``(3) subsection (d)(1)(A)(ii) shall be applied by 
        substituting `education' for `retirement-related education'.''.
    (b) Clerical Amendments.--
            (1) The heading for section 45E of such Code is amended by 
        striking ``pension''.
            (2) The table of sections for subpart D of part IV of 
        subchapter A of chapter 1 of such Code is amended by striking 
        the item relating to section 45E and inserting the following 
        new item:

``Sec. 45E. Small employer plan startup costs.''.
    (c) Effective Date.--The amendments made by this section shall 
apply to costs paid or incurred in taxable years beginning after the 
date of the enactment of this Act.

SEC. 4. EXEMPTIONS FROM ADDITIONAL TAX FOR CERTAIN DISTRIBUTIONS FROM 
              QUALIFIED TUITION PROGRAMS.

    (a) In General.--Section 529(c)(6) of the Internal Revenue Code of 
1986 is amended by striking the last sentence and inserting the 
following: ``This paragraph shall not apply to the extent that--
                    ``(A) a payment or distribution is contributed to 
                an individual retirement plan of the account owner or 
                the designated beneficiary with respect to the calendar 
                year in which the payment or distribution is received,
                    ``(B) a payment or distribution is used (within 90 
                days of the payment or distribution) to make a payment 
                of interest or principal on a qualified education loan 
                (as defined in section 222(d)(1)) on behalf of the 
                designated beneficiary or a member of the family of 
                such designated beneficiary within the meaning of 
                section 529(e)(2)), or
                    ``(C) the recipient of a payment or distribution 
                makes (within 90 days of the receipt of the payment or 
                distribution) a contribution to an organization 
                described in section 170(b)(1)(A) (other than any 
                organization described in section 509(a)(3) or any fund 
                or account described in section 4966(d)(2)), but only 
                if--
                            ``(i) a deduction for the entire payment or 
                        distribution is allowable under section 170, 
                        and
                            ``(ii) the total payments and distributions 
                        taken into account under this subparagraph with 
                        respect to such recipient for any taxable year 
                        does not exceed $1,000.''.
    (b) Effective Date.--The amendments made by this section shall 
apply to distributions after the date of the enactment of this Act.

SEC. 5. CLARIFICATION REGARDING INVESTMENT DIRECTION IN QUALIFIED 
              TUITION PROGRAMS AND QUALIFIED ABLE PROGRAMS.

    (a) Investment Direction in Qualified Tuition Programs.--Paragraph 
(4) of section 529(b) of the Internal Revenue Code of 1986 is amended 
by adding at the end the following: ``For purposes of this paragraph, 
rebalancing investments among broad-based investment strategies 
established under the program shall not be treated as investment 
direction by a contributor or designated beneficiary unless the 
specific investments within those broad-based strategies are directed 
by the contributor or designated beneficiary.''.
    (b) Investment Direction in Qualified ABLE Programs.--Paragraph (4) 
of section 529A(b) of such Code is amended by adding at the end the 
following: ``For purposes of this paragraph, rebalancing investments 
among broad-based investment strategies established under the program 
shall not be treated as investment direction by a designated 
beneficiary unless the specific investments within those broad-based 
strategies are directed by the designated beneficiary.''.
    (c) Effective Date.--The amendments made by this section shall 
apply with respect to calendar years beginning after the date of the 
enactment of this Act.

SEC. 6. ROLLOVERS BETWEEN QUALIFIED TUITION PROGRAMS AND QUALIFIED ABLE 
              PROGRAMS.

    (a) Rollovers From Qualified Tuition Programs to Qualified ABLE 
Programs.--Clause (i) of section 529(c)(3)(C) of the Internal Revenue 
Code of 1986 is amended by striking ``or'' at the end of subclause (I), 
by striking the period at the end of subclause (II) and inserting ``, 
or'', and by adding at the end the following new subclause:
                                    ``(III) to an ABLE account (as 
                                defined in section 529A(e)(6)) of the 
                                designated beneficiary or a member of 
                                the family of the designated 
                                beneficiary.
                        Subclause (III) shall not apply to so much of a 
                        distribution which, when added to all other 
                        contributions made to the ABLE account for the 
                        taxable year, exceeds the limitation under 
                        section 529A(b)(2)(B).''.
    (b) Rollovers From Qualified ABLE Programs to Qualified Tuition 
Programs.--Clause (i) of section 529A(c)(1)(C) of such Code is 
amended--
            (1) by striking ``such payment or distribution, into 
        another'' and inserting ``such payment or distribution--
                                    ``(I) into another'';
            (2) by striking the period at the end and inserting ``, 
        or'', and
            (3) by adding at the end the following new subclause:
                                    ``(II) to a qualified tuition 
                                program (as described in section 529) 
                                for the benefit of the same designated 
                                beneficiary or a member of the family 
                                of such designated beneficiary.''.
    (c) Effective Date.--The amendments made by this section shall 
apply to distributions after the date of the enactment of this Act.

A: 529 and ABLE Account Improvement Act of 2016  This bill amends the Internal Revenue Code to modify the tax treatment of qualified tuition programs (known as 529 plans) and ABLE accounts. (Tax-favored ABLE [Achieving a Better Life Experience] accounts are designed to enable individuals with disabilities to save for and pay for disability-related expenses.)  The bill excludes from gross income a fringe benefit consisting of up to $100 per year (adjusted for inflation after 2016) of employer contributions to an employee's 529 or ABLE account. The employer contribution must be made: (1) to an account for which the designated beneficiary is the employee or a member of the employee's family, and (2) in connection with a payroll deduction contribution program established by the employer.  The bill also: (1) expands the tax credit for small employer pension plan startup costs to include the costs of establishing a payroll deduction contribution program for 529 plans and ABLE accounts;(2) permits 529 funds to be used for transfers to an Individual Retirement Account (IRA), education loan payments, or charitable contributions without being subject to the additional tax for distributions that are not used for qualified higher education expenses; and (3) permits tax-free rollovers of funds between 529 and ABLE accounts for the benefit of the same beneficiary or a family member of the beneficiary. For the purpose of current law restrictions on the frequency of investment directions that a beneficiary or contributor may provide for a 529 or ABLE account, rebalancing investments among broad-based investment strategies established under the program is not an investment direction unless the beneficiary or contributor directs the specific investments within the strategies. 
****
Q: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Soledad Canyon Mine Act''.

SEC. 2. FINDING AND PURPOSES.

    (a) Findings.--The Congress finds the following:
            (1) Transit Mix Concrete Corporation holds two valid 
        Federal contracts, numbered CA-20139 and CA-22901, issued under 
        the Materials Act of 1947, for the extraction of approximately 
        56,000,000 tons of sand and gravel from the Federal mineral 
        estate in lands located in Soledad Canyon adjacent to the city 
        of Santa Clarita, California.
            (2) It is in the best interest of the citizens of 
        California and the Federal Government to cancel the Contracts 
        and prohibit future mining in the Soledad Canyon area of 
        California.
            (3) TMC should receive as just compensation for such 
        cancellation the fair market value of the Contracts and all 
        costs, fees, and covered liabilities incurred by TMC in good 
        faith in its efforts to develop the Contracts.
            (4) A site-specific solution that is fair to TMC and that 
        seeks to protect the environment and minimize impacts on local 
        transportation systems is in the best interest of the Nation.
            (5) Considerable sums of money have been expended by TMC 
        and the city of Santa Clarita on legal and other services in 
        trying to ensure their interests are protected with respect to 
        Contracts CA-20139 and CA-22901.
    (b) Purposes.--The purposes of this Act are the following:
            (1) To provide to the Bureau of Land Management the 
        authority to cancel contracts CA-20139 and CA-22901 and 
        prohibit future mining in the Soledad Canyon.
            (2) To provide a means for TMC to recover as just 
        compensation for the cancellation of the Contracts the fair 
        market value of, and TMC's expenditures and covered liabilities 
        pursuing the development of, the Contracts.
            (3) To provide the Bureau of Land Management tools to 
        verify expenses incurred by TMC and provide relief.
            (4) To provide timelines for the verification of costs 
        incurred by TMC and the determination of just compensation, and 
        to provide a dispute resolution process.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Contracts.--The term ``Contracts'' means Bureau of Land 
        Management mineral contracts numbered CA-20139 and CA-22901.
            (2) Covered liabilities.--The term ``covered liabilities'' 
        includes any court-ordered or court-approved payment, 
        settlement, or other liability on the part of TMC for damages, 
        costs, compensation, or reimbursement to any third party for 
        agreements entered into by TMC in good faith prior to January 
        1, 2008, in order to exercise rights under the Contracts.
            (3) Materials act of 1947.--The term ``Materials Act of 
        1947'' means the Act of July 31, 1947, (chapter 406; 61 Stat. 
        681; 30 U.S.C. 601-604).
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (5) TMC.--The term ``TMC'' means the Transit Mixed Concrete 
        Corporation and its successors in interest, including CEMEX 
        USA.

SEC. 4. CANCELLATION OF THE CONTRACTS.

    (a) Contract Cancellations.--The Secretary shall cancel Bureau of 
Land Management mineral contracts CA-20139 and CA-22901 and withdraw 
those areas that were subject to the Contracts from further mineral 
entry under all mineral leasing and sales authorities available to the 
Secretary, effective on the date of the enactment of this Act.
    (b) Compensation.--
            (1) In general.--As compensation for the cancellation of 
        the Contracts, TMC shall receive fair market value of the 
        Contracts and TMC's expenditures and covered liabilities in 
        trying to bring the Contracts into commercial production. As 
        such compensation, the Secretary shall provide to TMC surface 
        and mineral interests and additional value in accordance with 
        subsection (d) having a total value equal to the amount 
        described in paragraph (3). All such expenditures must have 
        been incurred by TMC in good faith in connection with its 
        efforts to bring the Contracts into commercial production: 
        Provided, however, that compensation for covered liabilities 
        may be paid to TMC under this section for up to 15 years 
        following the effective date of this Act.
            (2) Increase in adjusted basis of contract upon 
        cancellation.--For purposes of the Internal Revenue Code of 
        1986, the adjusted basis of any contract to which section 4(a) 
        applies shall be increased (immediately before the cancellation 
        of such contract under such section) by the excess (if any) 
        of--
                    (A) the fair market value of such contract 
                (determined immediately before such cancellation), over
                    (B) the adjusted basis of such contract (as 
                determined immediately before the application of this 
                section).
            (3) Value described.--The compensation provided for in 
        paragraph (1) is equal to the sum of the following:
                    (A) All amounts paid to the United States by TMC 
                with respect to the Contracts as bonus bids or other 
                prepayments.
                    (B) Interest on amounts referred to in subparagraph 
                (A), from the date of payment of such amounts to the 
                United States, at a rate determined by the Secretary.
                    (C) Amounts expended by TMC in securing the 
                contracts and trying to bring them into production, 
                including--
                            (i) all actual costs, including fees, 
                        associated with the engineering and 
                        environmental studies, and permitting 
                        proceedings, that were incurred in good faith 
                        in TMC's efforts to exercise the rights granted 
                        under the Contract terms; and
                            (ii) all actual legal costs, including fees 
                        and covered liabilities, incurred in good faith 
                        in TMC's efforts to exercise the rights granted 
                        in the Contracts, including all fees and costs 
                        associated with securing permits and 
                        entitlements, litigation to compel, secure, or 
                        defend permits or entitlements, and litigation 
                        in connection with disputes relating to mineral 
                        and surface estate rights to the property that 
                        is the subject of the Contracts.
                    (D) The fair market value of the Contracts.
            (4) Determination of fair market value.--The Secretary 
        shall, within six months after the date of enactment of this 
        Act, determine by mineral appraisal the fair market value of 
        the contracts at the time of such determination for purposes of 
        paragraph (3)(D), determine by mineral appraisal or other 
        generally accepted applicable appraisal techniques the fair 
        market value of the surface and mineral estate identified in 
        the map referred to in subsection (d), and notify TMC of those 
        determinations. In determining the fair market value of the 
        Contracts, the Secretary shall assume that--
                    (A) TMC has obtained all permits and entitlements 
                necessary to mine, produce, process, and sell sand and 
                gravel from the Contracts;
                    (B) mining operations under the Contracts have 
                commenced at the time of the determination, with 
                maximum annual production volumes that--
                            (i) are based on the projected supply and 
                        demand outlook at the time of determination; 
                        and
                            (ii) reflect depletion of the reserves of 
                        the Contracts within the effective periods of 
                        the Contract;
                    (C) the fair market value of the Contracts includes 
                the present value of expected future net cash flows to 
                be derived from the mining, producing, processing, and 
                sale of the sand and gravel contained in the Contracts 
                over the minimum time necessary to mine, produce, 
                process, and sell such sand and gravel, taking into 
                consideration--
                            (i) the material deposit contained in the 
                        contract sites and its quality, volume, 
                        minability, and reclamation requirements;
                            (ii) the proximity of the contract sites to 
                        markets;
                            (iii) the type of market that could be 
                        served from the contract sites, including 
                        future supply, demand, and probable price 
                        increases based upon construction material data 
                        developed by the State of California;
                            (iv) the cost of mining, producing, 
                        processing, and selling the material reserved 
                        in the contract sites;
                            (v) the types and costs of transportation 
                        for such production from the contract sites to 
                        markets;
                            (vi) royalties, taxes, and fees to mine and 
                        sell the production from the contract sites;
                            (vii) similar market sales of materials the 
                        area or region of the contract sites; and
                            (viii) the net present values of expected 
                        future cash flows from proposed mining 
                        operations of the Contract sites taking into 
                        consideration, at a minimum, the matters 
                        referred to in clauses (i) through (viii).
    (c) Submission of Expenses Incurred.--
            (1) In general.--To assist in the verification of the 
        amounts expended referred to in subsection (b)(3)(C), TMC shall 
        submit to the Secretary within 60 days after the date of 
        enactment of this Act an itemized list of such amounts, with 
        enough detail and supporting documentation so the Secretary can 
        determine that the expenses are associated with the Contracts.
            (2) Arbitration.--The Secretary shall issue the 
        determination of the amounts expended referred to in subsection 
        (b)(3)(C) within 60 days after receipt of the itemized list 
        required under paragraph (1). If the Secretary disapproves such 
        list, the Secretary shall, upon request of TMC, determine the 
        economic value invested for purposes of subsection (b)(3) 
        through arbitration in accordance with subchapter IV of chapter 
        5 of title 5, United States Code.
    (d) Return of Value Opportunities for TMC.--
            (1) In general.--Within six months after the completion of 
        the requirements of subsections (b) and (c), the Secretary 
        shall provide to TMC the following:
                    (A) Surface and mineral estate interests and 
                additional value under subsection (b)(1) using the 
                surface and mineral estate as described and delineated 
                as Area A on the map entitled ``Cemex USA and City of 
                Victorville, California Land Disposal and Acquisition 
                Agreement'' and on file with the Secretary, consisting 
                of approximately 5,000 acres.
                    (B) If the fair market value of the surface and 
                mineral estate used under subparagraph (A) is less than 
                the sum described in subsection (b)(3), additional 
                mineral or surface estate under subsection (b)(1) using 
                the surface and mineral estate as described and 
                delineated as Area B on the map entitled ``Cemex USA 
                and City of Victorville, California Land Disposal and 
                Acquisition Agreement'' and on file with the Secretary, 
                consisting of approximately 3,000 acres as is necessary 
                so that the sum of the values provided under 
                subparagraph (A) and this subparagraph does not exceed 
                the sum described in subsection (b)(3).
                    (C) If the sum of the fair market values of the 
                surface and mineral estates and additional value 
                provided under subparagraphs (A) and (B) is less that 
                the sum described in subsection (b)(3), additional 
                value as is necessary so that the sum of the values 
                provided under subparagraphs (A) and (B) and this 
                subparagraph does not exceed the sum described in 
                subsection (b)(3), in the form of one or more of the 
                following that are mutually agreed to by the Secretary 
                and TMC:
                            (i) Credits that may be applied against 
                        future royalties, bonus bids, or rental fees 
                        for Federal lands administered by the Secretary 
                        and located within the State of California, 
                        including leases for all submerged lands of the 
                        outer Continental Shelf.
                            (ii) Interest in the mineral estate in 
                        Federal lands in the State of California that 
                        are available for sale under the Mineral 
                        Leasing Act (30 U.S.C. 181 et seq.) or other 
                        law administered by the Secretary.
                            (iii) Interests in the surface estate in 
                        Federal lands in the State of California that 
                        are under the administrative jurisdiction of 
                        the Secretary and that are available for 
                        disposal.
    (e) Treatment of Credits.--
            (1) Term.--Credits provided under subsection (d) shall 
        expire at the end of the 10-year period beginning on the date 
        the credits are issued by the Secretary.
            (2) Assignment.--TMC may assign credits provided to TMC 
        under subsection (d) to any person who satisfies the same 
        requirements to hold the Contracts as those that applied to TMC 
        under the Materials Act of 1947.
    (f) Referral to Court of Claims.--
            (1) Referral.--If within 12 months after the date of 
        enactment of this Act, the Secretary and TMC do not reach 
        agreement under subsections (b), (c), and (d) regarding the 
        financial and mineral production opportunities to be provided 
        by the Secretary to TMC under subsection (b)(1), or, if within 
        3 months after TMC receives notice in accordance with 
        subsection (b)(4) of the fair market value determined by the 
        Secretary of the surface and mineral estate identified in the 
        maps referred to in subsection (d) TMC or the city of 
        Victorville, California, notifies the Secretary that it 
        disagrees with the Secretary's determination, the Secretary 
        shall refer the issues upon which TMC, or the city of 
        Victorville, California, and the Secretary are not in agreement 
        with respect to such an agreement or fair market value to the 
        United States Court of Federal Claims for resolution
            (2) Resolution by court.--In any referral under this 
        subsection, the court shall--
                    (A) determine de novo the values described in 
                subsection (b) and (d), including the fair market 
                values of the surface and mineral estates as described 
                and delineated on the maps referred to in subsection 
                (d)(1); and
                    (B) determine and order the Secretary to provide 
                financial and mineral production opportunities 
                consistent with subparagraph (A), for purposes of 
                subsections (b)(1) and (d).

SEC. 5. LIMITATIONS ON FUTURE LEASING FOR LAND OR MINERAL ESTATE IN THE 
              VICTOR VALLEY AREA OF CALIFORNIA.

    Notwithstanding anything in this Act to the contrary, prior to any 
lease, transfer, or other disposition of land or any mineral or surface 
estate for any area that is located in the city of Victorville, 
California, the city of Victorville's sphere of influence, or the city 
of Victorville's proposed sphere of influence, all as delineated on the 
map entitled ``Cemex USA and City of Victorville, California Land 
Disposal and Acquisition Agreement'' and on file with the Secretary, 
the Secretary shall--
            (1) consult with the city of Victorville, California, and 
        surface owners in that area; and
            (2) prohibit mining in that area.

A: Soledad Canyon Mine Act - Instructs the Secretary of the Interior to cancel Bureau of Land Management mineral contracts CA-20139 and CA-22901 and withdraw from further mineral entry the areas subject to them, which are located in Soledad Canyon adjacent to Santa Clarita, California.

Requires Transit Mixed Concrete Corporation to receive, as compensation for cancellation of the contracts, their fair market value and its expenditures and covered liabilities in trying to bring the contracts into commercial production.

Increases the adjusted basis of the contracts upon cancellation for federal tax purposes.

Directs the Secretary, before any disposition of land, mineral or surface estate for any area located in the city of Victorville, California, to: (1) consult with the city and surface owners; and (2) prohibit mining in such area.
****
Q: SECTION 1. INCENTIVES FOR BIODIESEL.

    (a) Credit for Biodiesel Used as a Fuel.--Subpart D of part IV of 
subchapter A of chapter 1 of the Internal Revenue Code of 1986 
(relating to business related credits) is amended by inserting after 
section 40 the following new section:

``SEC. 40A. 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 biodiesel mixture credit.
    ``(b) Definition of Biodiesel Mixture 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 the sum of the 
                products of the biodiesel mixture rate for each 
                qualified biodiesel mixture and the number of gallons 
                of such mixture of the taxpayer for the taxable year.
                    ``(B) Biodiesel mixture rate.--For purposes of 
                subparagraph (A), the biodiesel mixture rate for each 
                qualified biodiesel mixture shall be--
                            ``(i) in the case of a mixture with only 
                        biodiesel V, 1 cent for each whole percentage 
                        point (not exceeding 10 percentage points) of 
                        biodiesel V in such mixture, and
                            ``(ii) in the case of a mixture with 
                        biodiesel NV, or a combination of biodiesel V 
                        and biodiesel NV, 0.5 cent for each whole 
                        percentage point (not exceeding 10 percentage 
                        points) of such biodiesel in such mixture.
            ``(2) Qualified biodiesel mixture.--
                    ``(A) In general.--The term `qualified biodiesel 
                mixture' means a mixture of diesel and biodiesel V or 
                biodiesel NV 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.
                    ``(B) Sale or use must be in trade or business, in 
                off-highway use, etc.--
                            ``(i) In general.--Biodiesel V or biodiesel 
                        NV used in the production of a qualified 
                        biodiesel mixture shall be taken into account--
                                    ``(I) only if the sale or use 
                                described in subparagraph (A) is in a 
                                trade or business of the taxpayer,
                                    ``(II) for the taxable year in 
                                which such sale or use occurs, and
                                    ``(III) only if the sale or use 
                                described in subparagraph (A) is 
                                ultimately for use in a vehicle which 
                                at the time of use will not be 
                                registered and is not required to be 
                                registered for highway use under the 
                                laws of any State or foreign country.
                            ``(ii) Certification for biodiesel v.--
                        Biodiesel V used in the production of a 
                        qualified biodiesel mixture shall be taken into 
                        account only if the taxpayer described in 
                        subparagraph (A) obtains a certification from 
                        the producer of the biodiesel V which 
                        identifies the product produced.
                    ``(C) 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.
    ``(c) Definitions and Special Rules.--For purposes of this 
section--
            ``(1) Biodiesel v defined.--The term `biodiesel V' means 
        the monoalkyl esters of long chain fatty acids derived solely 
        from virgin vegetable oils for use in compressional-ignition 
        (diesel) engines. Such term shall include esters derived from 
        vegetable oils from corn, soybeans, sunflower seeds, 
        cottonseeds, canola, crambe, rapeseeds, safflowers, flaxseeds, 
        rice bran, and mustard seeds.
            ``(2) Biodiesel nv defined.--The term `biodiesel nv' means 
        the monoalkyl esters of long chain fatty acids derived from 
        nonvirgin vegetable oils or animal fats for use in 
        compressional-ignition (diesel) engines.
            ``(3) Registration requirements.--The terms `biodiesel V' 
        and `biodiesel NV' shall only include a biodiesel which meets--
                            ``(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.
            ``(4) Biodiesel mixture not used as a fuel, etc.--
                    ``(A) Imposition of tax.--If--
                            ``(i) any credit was determined under this 
                        section with respect to biodiesel V or 
                        biodiesel NV used in the production of any 
                        qualified biodiesel mixture, and
                            ``(ii) any person--
                                    ``(I) separates such 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 biodiesel 
                        mixture rate applicable under subsection 
                        (b)(1)(B) and the number of gallons of the 
                        mixture.
                    ``(B) 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) as if such tax 
                were imposed by section 4081 and not by this chapter.
            ``(5) 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.
    ``(d) Election To Have Biodiesel Fuels Credit Not Apply.--
            ``(1) In general.--A taxpayer may elect to have this 
        section not apply for any taxable year.
            ``(2) Time for making election.--An election under 
        paragraph (1) for any taxable year may be made (or revoked) at 
        any time before the expiration of the 3-year period beginning 
        on the last date prescribed by law for filing the return for 
        such taxable year (determined without regard to extensions).
            ``(3) Manner of making election.--An election under 
        paragraph (1) (or revocation thereof) shall be made in such 
        manner as the Secretary may by regulations prescribe.''.
    (b) Credit Treated as Part of General Business Credit.--Section 
38(b) of such Code is amended by striking ``plus'' at the end of 
paragraph (14), by striking the period at the end of paragraph (15) and 
inserting ``, plus'', and by adding at the end the following new 
paragraph:
            ``(16) the biodiesel fuels credit determined under section 
        40A(a).''.
    (c) Conforming Amendments.--
            (1) Section 39(d) of such Code is amended by adding at the 
        end the following new paragraph:
            ``(11) No carryback of biodiesel fuels credit before 
        january 1, 2004.--No portion of the unused business credit for 
        any taxable year which is attributable to the biodiesel fuels 
        credit determined under section 40A may be carried back to a 
        taxable year beginning before January 1, 2004.''.
            (2) Section 196(c) of such Code is amended by striking 
        ``and'' at the end of paragraph (9), by striking the period at 
        the end of paragraph (10), and by adding at the end the 
        following new paragraph:
            ``(11) the biodiesel fuels credit determined under section 
        40A(a).''.
            (3) Section 6501(m) of such Code is amended by inserting 
        ``40A(e),'' after ``40(f),''.
            (4) The table of sections for subpart D of part IV of 
        subchapter A of chapter 1 of such Code is amended by adding 
        after the item relating to section 40 the following new item:

                              ``Sec. 40A. Biodiesel used as fuel.''.
    (d) Effective Date.--The amendments made by this subsection shall 
apply to taxable years beginning after December 31, 2003.

A:
Amends the Internal Revenue Code to allow a business tax credit for the production and use of biodiesel fuel. Specifies the required mixture rate for biodiesel fuel eligible for the credit. Requires, for purposes of the credit: (1) certification from the producer identifying the product; (2) sale of the fuel for use in a trade or business; and (3) sale of the fuel for use in a vehicle that is not registered for highway use. Imposes a tax for biodiesel mixture which is not used as fuel, but for which a credit was taken.
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