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

[EX Q]: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Torture Victims Relief Act''.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) The American people abhor torture by any government or 
        person. The existence of torture creates a climate of fear and 
        international insecurity that affects all people.
            (2) Torture is the deliberate mental and physical damage 
        caused by governments to individuals to destroy individual 
        personality and terrorize society. The effects of torture are 
        long term. Those effects can last a lifetime for the survivors 
        and affect future generations.
            (3) By eliminating leadership of their opposition and 
        frightening the general public, repressive governments often 
        use torture as a weapon against democracy.
            (4) Torture survivors remain under physical and 
        psychological threats, especially in communities where the 
        perpetrators are not brought to justice. In many nations, even 
        those who treat torture survivors are threatened with 
        reprisals, including torture, for carrying out their ethical 
        duties to provide care. Both the survivors of torture and their 
        treatment providers should be accorded protection from further 
        repression.
            (5) A significant number of refugees and asylees entering 
        the United States have been victims of torture. Those claiming 
        asylum deserve prompt consideration of their applications for 
        political asylum to minimize their insecurity and sense of 
        danger. Many torture survivors now live in the United States. 
        They should be provided with the rehabilitation services which 
        would enable them to become productive members of our 
        communities.
            (6) The development of a treatment movement for torture 
        survivors has created new opportunities for action by the 
        United States and other nations to oppose state-sponsored and 
        other acts of torture.
            (7) There is a need for a comprehensive strategy to protect 
        and support torture victims and their treatment providers, 
        together with overall efforts to eliminate torture.
            (8) By acting to heal the survivors of torture and protect 
        their families, the United States can help to heal the effects 
        of torture and prevent its use around the world.
            (9) The United States became a party to the Convention 
        Against Torture and Other Cruel, Inhuman, or Degrading 
        Treatment or Punishment on November 20, 1994, but has not 
        implemented Article 3 of the Convention.

SEC. 3. DEFINITIONS.

    As used in this Act:
            (1) In general.--Except as otherwise provided, the terms 
        used in this Act have the meanings given those terms in section 
        101(a) of the Immigration and Nationality Act (8 U.S.C. 
        1101(a)).
            (2) Torture.--The term ``torture'' has the meaning given 
        the term in section 2340(1) of title 18, United States Code, 
        and includes the use of rape and other forms of sexual violence 
        by a person acting under the color of law upon another person 
        under his custody or physical control.

SEC. 4. PROHIBITION ON INVOLUNTARY RETURN OF PERSONS FEARING SUBJECTION 
              TO TORTURE.

    (a) Prohibition.--Notwithstanding any other provision of law, the 
United States shall not expel, remove, extradite, or otherwise return 
involuntarily an individual to a country if there is substantial 
evidence that a reasonable person in the circumstances of that 
individual would fear subjection to torture in that country.
    (b) Definition.--For purposes of this section, the term ``to return 
involuntarily'', in the case of an individual, means--
            (1) to return the individual without the individual's 
        consent, whether or not the return is induced by physical force 
        and whether or not the person is physically present in the 
        United States; or
            (2) to take an action by which it is reasonably foreseeable 
        that the individual will be returned, whether or not the return 
        is induced by physical force and whether or not the person is 
        physically present in the United States.

SEC. 5. IMMIGRATION PROCEDURES FOR TORTURE VICTIMS.

    (a) Covered Aliens.--An alien described in this section is any 
alien who presents a claim of having been subjected to torture, or whom 
there is reason to believe has been subjected to torture.
    (b) Consideration of the Effects of Torture.--In considering an 
application by an alien described in subsection (a) for refugee status 
under section 207 of the Immigration and Nationality Act, asylum under 
section 208 of that Act, or withholding of removal under section 
241(b)(3) of that Act, the appropriate officials shall take into 
account--
            (1) the manner in which the effects of torture might affect 
        the applicant's responses in the application and in the 
        interview process or other immigration proceedings, as the case 
        may be;
            (2) the difficulties torture victims often have in 
        recounting their suffering under torture; and
            (3) the fear victims have of returning to their country of 
        nationality where, even if torture is no longer practiced or 
        the incidence of torture is reduced, their torturers may have 
        gone unpunished and may remain in positions of authority.
    (c) Expedited Processing of Refugee Admissions.--For purposes of 
section 207(c) of the Immigration and Nationality Act (8 U.S.C. 
1157(c)), refugees who have been subjected to torture shall be 
considered to be refugees of special humanitarian concern to the United 
States and shall be accorded priority for resettlement at least as high 
as that accorded any other group of refugees.
    (d) Processing for Asylum and Withholding of Removal.--Section 
235(b)(1)(A) of the Immigration and Nationality Act (8 U.S.C. 
1225(b)(1)(A)) is amended by adding at the end the following new 
clause:
                            ``(iv) Special procedures for aliens who 
                        are the victims of torture.--
                                    ``(I) Expedited procedures.--With 
                                the consent of the alien, an asylum 
                                officer or immigration judge shall 
                                expedite the scheduling of an asylum 
                                interview or a removal proceeding for 
                                any alien who presents a claim of 
                                having been subjected to torture, 
                                unless the evidence indicates that a 
                                delay in making a determination 
                                regarding the granting of asylum under 
                                section 208 of the Immigration and 
                                Nationality Act or the withholding of 
                                removal under section 241(b)(3) of that 
                                Act with respect to the alien would not 
                                aggravate the physical or psychological 
                                effects of torture upon the alien.
                                    ``(II) Delay of proceedings.--With 
                                the consent of the alien, an asylum 
                                officer or immigration judge shall 
                                postpone an asylum interview or a 
                                removal proceeding for any alien who 
                                presents a claim of having been 
                                subjected to torture, if the evidence 
                                indicates that, as a result of the 
                                alien's mental or physical symptoms 
                                resulting from torture, including the 
                                alien's inability to recall or relate 
                                the events of the torture, the alien 
                                will require more time to recover or be 
                                treated before being required to 
                                testify.
    (e) Parole in Lieu of Detention.--The finding that an alien is a 
person described in subsection (a) shall be a strong presumptive basis 
for a grant of parole, under section 212(d)(5) of the Immigration and 
Nationality Act (8 U.S.C. 1182(d)(5)), in lieu of detention.
    (f) Exemption From Expedited Removal.--Section 235(b)(1)(F) of the 
Immigration and Nationality Act (8 U.S.C. 1225(b)(1)(F)) is amended by 
inserting before the period at the end the following: ``, or to an 
alien described in section 5(a) of the Torture Victims Relief Act''.
    (g) Sense of Congress.--It is the sense of Congress that the 
Attorney General should allocate resources sufficient to maintain in 
the Resource Information Center of the Immigration and Naturalization 
Service current information relating to the use of torture in foreign 
countries.

SEC. 6. SPECIALIZED TRAINING FOR CONSULAR, IMMIGRATION, AND ASYLUM 
              PERSONNEL.

    (a) In General.--The Attorney General shall provide training for 
immigration inspectors and examiners, immigration officers, asylum 
officers, immigration judges, and all other relevant officials of the 
Department of Justice, and the Secretary of State shall provide 
training for consular officers, with respect to--
            (1) the identification of torture;
            (2) the identification of the surrounding circumstances in 
        which torture is most often practiced;
            (3) the long-term effects of torture upon a victim;
            (4) the identification of the physical, cognitive, and 
        emotional effects of torture, and the manner in which these 
        effects can affect the interview or hearing process; and
            (5) the manner of interviewing victims of torture so as not 
        to retraumatize them, eliciting the necessary information to 
        document the torture experience, and understanding the 
        difficulties victims often have in recounting their torture 
        experience.
    (b) Gender-Related Considerations.--In conducting training under 
subsection (a) (4) or (5), gender-specific training shall be provided 
on the subject of interacting with women and men who are victims of 
torture by rape or any other form of sexual violence.

SEC. 7. DOMESTIC TREATMENT CENTERS.

    (a) Amendment of the Immigration and Nationality Act.--Section 412 
of the Immigration and Nationality Act (8 U.S.C. 1522) is amended by 
adding at the end the following new subsection:
    ``(b) Assistance for Treatment of Torture Victims.--The Secretary 
may provide grants to programs in the United States to cover the cost 
of the following services:
            ``(1) Services for the rehabilitation of victims of 
        torture, including treatment of the physical and psychological 
        effects of torture.
            ``(2) Social and legal services for victims of torture.
            ``(3) Research and training for health care providers 
        outside of treatment centers, or programs for the purpose of 
        enabling such providers to provide the services described in 
        paragraph (1).''.
    (b) Funding.--
            (1) Authorization of appropriations.--Of the amounts 
        authorized to be appropriated for the Department of Health and 
        Human Services for fiscal years 1999, 2000, and 2001, but not 
        from funds made available to the Office of Refugee 
        Resettlement, there are authorized to be appropriated to carry 
        out section 412(g) of that Act (relating to assistance for 
        domestic centers and programs for the treatment of victims of 
        torture), as added by subsection (a), the following amounts for 
        the following fiscal years:
                    (A) For fiscal year 1999, $5,000,000.
                    (B) For fiscal year 2000, $7,500,000.
                    (C) For fiscal year 2001, $9,000,000.
            (2) Availability of funds.--Amounts appropriated pursuant 
        to this subsection shall remain available until expended.
    (c) Effective Date.--The amendment made by subsection (a) shall 
take effect on October 1, 1998.

SEC. 8. FOREIGN TREATMENT CENTERS.

    (a) Amendments of the Foreign Assistance Act of 1961.--Part I of 
the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) is amended 
by adding at the end of chapter 1 the following new section:

``SEC. 129. ASSISTANCE FOR VICTIMS OF TORTURE.

    ``(a) In General.--The President is authorized to provide 
assistance for the rehabilitation of victims of torture.
    ``(b) Eligibility for Grants.--Such assistance shall be provided in 
the form of grants to treatment centers and programs in foreign 
countries that are carrying out projects or activities specifically 
designed to treat victims of torture for the physical and psychological 
effects of the torture.
    ``(c) Use of Funds.--Such assistance shall be available--
            ``(1) for direct services to victims of torture; and
            ``(2) to provide research and training to health care 
        providers outside of treatment centers or programs described in 
        subsection (b), for the purpose of enabling such providers to 
        provide the services described in paragraph (1).''.
    (b) Funding.--
            (1) Authorization of appropriations.--Of the amounts 
        authorized to be appropriated for fiscal years 1999, 2000, and 
        2001 pursuant to chapter 1 of part I of the Foreign Assistance 
        Act of 1961, there are authorized to be appropriated to the 
        President $5,000,000 for fiscal year 1999, $7,500,000 for 
        fiscal year 2000, and $9,000,000 for fiscal year 2001 to carry 
        out section 129 of the Foreign Assistance Act, as added by 
        subsection (a).
            (2) Availability of funds.--Amounts appropriated pursuant 
        to this subsection shall remain available until expended.
    (c) Effective Date.--The amendment made by subsection (a) shall 
take effect on October 1, 1998.

SEC. 9. MULTILATERAL ASSISTANCE.

    (a) Funding.--Of the amounts authorized to be appropriated for 
fiscal years 1999, 2000, and 2001 pursuant to chapter 1 of part I of 
the Foreign Assistance Act of 1961, there are authorized to be 
appropriated to the United Nations Voluntary Fund for Victims of 
Torture (in this section referred to as the ``Fund'') the following 
amounts for the following fiscal years:
            (1) Fiscal year 1999.--For fiscal year 1999, $3,000,000.
            (2) Fiscal year 2000.--For fiscal year 2000, $3,000,000.
            (3) Fiscal year 2001.--For fiscal year 2001, $3,000,000.
    (b) Availability of Funds.--Amounts appropriated pursuant to 
subsection (a) shall remain available until expended.
    (c) Sense of Congress.--It is the sense of Congress that the 
President, acting through the United States Permanent Representative to 
the United Nations, should--
            (1) request the Fund--
                    (A) to find new ways to support and protect 
                treatment centers and programs that are carrying out 
                rehabilitative services for victims of torture; and
                    (B) to encourage the development of new such 
                centers and programs;
            (2) use the voice and vote of the United States to support 
        the work of the Special Rapporteur on Torture and the Committee 
        Against Torture established under the Convention Against 
        Torture and Other Cruel, Inhuman or Degrading Treatment or 
        Punishment; and
            (3) use the voice and vote of the United States to 
        establish a country rapporteur or similar procedural mechanism 
        to investigate human rights violations in a country if either 
        the Special Rapporteur or the Committee Against Torture 
        indicates that a systematic practice of torture is prevalent in 
        that country.
[EX A]: Torture Victims Relief Act - Prohibits the United States from expelling, removing, extraditing, or otherwise involuntarily returning an individual to a country if there is substantial evidence that a reasonable person in the circumstances of that individual would fear subjection to torture in that country. 
(Sec. 5) Covers within this Act any alien presenting a claim of having been tortured, or whom there is reason to believe has been tortured. 
Sets forth provisions regarding:  (1) consideration by appropriate officials of the effects of torture; (2) expedited processing of refugee admissions and for asylum and withholding of removal; (3) granting parole in lieu of detention for such an individual under the Immigration and Nationality Act; and (4) exemption of such an individual from expedited removal pursuant to such Act. 
Expresses the sense of the Congress that the Attorney General should allocate sufficient resources to maintain in the Immigration and Naturalization Service's Resource Information Center current information relating to the use of torture in foreign countries. 
(Sec. 6) Directs the Attorney General to provide training for immigration inspectors and examiners, immigration officers, asylum officers, immigration judges, and other relevant Department of Justice officials, and directs the Secretary of State to provide training for consular officers, regarding the identification of torture, the surrounding circumstances most often practiced, the long-term effects upon a victim, the identification of the physical, cognitive, and emotional effects of torture, and the appropriate manner of interviewing torture victims. 
(Sec. 7) Amends the Immigration and Nationality Act to authorize the Secretary of Health and Human Services to provide grants to programs in the United States to cover the cost of specified services for torture victims.  Authorizes the appropriation of funds for assistance for domestic centers and programs for the treatment of torture victims. 
(Sec. 8) Amends the Foreign Assistance Act of 1961 to authorize the President to provide grants to treatment centers and programs in foreign countries which are specifically carrying out projects or activities to treat victims of torture.  Authorizes appropriations. 
(Sec. 9) Authorizes appropriations to the United Nations Voluntary Fund for Victims of Torture for FY 1999 through 2001.

[EX Q]: SECTION 1. RENEWABLE PORTFOLIO STANDARD.

    (a) In General.--Title VI of the Public Utility Regulatory Policies 
Act of 1978 (16 U.S.C. 2601 et seq.) is amended by adding at the end 
the following:

``SEC. 610. FEDERAL RENEWABLE PORTFOLIO STANDARD.

    ``(a) Renewable Energy Requirement.--
            ``(1) In general.--Each electric utility that sells 
        electricity to electric consumers shall obtain a percentage of 
        the base amount of electricity it sells to electric consumers 
        in any calendar year from new renewable energy or existing 
        renewable energy. The percentage obtained in a calendar year 
        shall not be less than the amount specified in the following 
        table:

 
 
 
``Calendar year:                    Minimum annual percentage:
  2010............................  1
  2011............................  2
  2012............................  4
  2013............................  6
  2014............................  8
  2015............................  10
  2016............................  12
  2017............................  14
  2018............................  16
  2019............................  18
  2020............................  20
  2021............................  21
  2022............................  22
  2023............................  23
  2024............................  24
  2025............................  25.

            ``(2) Means of compliance.--An electric utility shall meet 
        the requirements of paragraph (1) by--
                    ``(A) submitting to the Secretary renewable energy 
                credits issued under subsection (b);
                    ``(B) making alternative compliance payments to the 
                Secretary at the rate of 2 cents per kilowatt hour (as 
                adjusted for inflation under subsection (g)); or
                    ``(C) a combination of activities described in 
                subparagraphs (A) and (B).
    ``(b) Renewable Energy Credit Trading Program.--
            ``(1) In general.--Not later than July 1, 2009, the 
        Secretary shall establish a renewable energy credit trading 
        program under which electric utilities shall submit to the 
        Secretary renewable energy credits to certify the compliance of 
        the electric utilities with respect to obligations under 
        subsection (a)(1).
            ``(2) Administration.--As part of the program, the 
        Secretary shall--
                    ``(A) issue tradeable renewable energy credits to 
                generators of electric energy from new renewable 
                energy;
                    ``(B) issue nontradeable renewable energy credits 
                to generators of electric energy from existing 
                renewable energy;
                    ``(C) issue renewable energy credits to electric 
                utilities associated with State renewable portfolio 
                standard compliance mechanisms pursuant to subsection 
                (h);
                    ``(D) ensure that a kilowatt hour, including the 
                associated renewable energy credit, shall be used only 
                once for purposes of compliance with this Act;
                    ``(E) allow double credits for generation from 
                facilities on Indian land, and triple credits for 
                generation from small renewable distributed generators 
                (meaning those no larger than 1 megawatt); and
                    ``(F) ensure that, with respect to a purchaser 
                that, as of the date of enactment of this section, has 
                a purchase agreement from a renewable energy facility 
                placed in service before that date, the credit 
                associated with the generation of renewable energy 
                under the contract is issued to the purchaser of the 
                electric energy.
            ``(3) Duration.--A credit described in subparagraph (A) or 
        (B) of paragraph (2) may only be used for compliance with this 
        section during the 3-year period beginning on the date of 
        issuance of the credit.
            ``(4) Transfers.--An electric utility that holds credits in 
        excess of the quantity of credits needed to comply with 
        subsection (a) may transfer the credits to another electric 
        utility in the same utility holding company system.
            ``(5) Delegation of market function.--The Secretary may 
        delegate to an appropriate market-making entity the 
        administration of a national tradeable renewable energy credit 
        market for purposes of creating a transparent national market 
        for the sale or trade of renewable energy credits.
    ``(c) Enforcement.--
            ``(1) Civil penalties.--Any electric utility that fails to 
        meet the compliance requirements of subsection (a) shall be 
        subject to a civil penalty.
            ``(2) Amount of penalty.--The amount of the civil penalty 
        shall be determined by multiplying the number of kilowatt-hours 
        of electric energy sold to electric consumers in violation of 
        subsection (a) by the greater of 2 cents (adjusted for 
        inflation under subsection (g)) or 200 percent of the average 
        market value of renewable energy credits during the year in 
        which the violation occurred.
            ``(3) Mitigation or waiver.--The Secretary may mitigate or 
        waive a civil penalty under this subsection if the electric 
        utility was unable to comply with subsection (a) for reasons 
        outside of the reasonable control of the utility. The Secretary 
        shall reduce the amount of any penalty determined under 
        paragraph (2) by an amount paid by the electric utility to a 
        State for failure to comply with the requirement of a State 
        renewable energy program if the State requirement is greater 
        than the applicable requirement of subsection (a).
            ``(4) Procedure for assessing penalty.--The Secretary shall 
        assess a civil penalty under this subsection in accordance with 
        the procedures prescribed by section 333(d) of the Energy 
        Policy and Conservation Act of 1954 (42 U.S.C. 6303).
    ``(d) State Renewable Energy Account Program.--
            ``(1) In general.--The Secretary shall establish, not later 
        than December 31, 2008, a State renewable energy account 
        program.
            ``(2) Deposits.--All money collected by the Secretary from 
        alternative compliance payments and the assessment of civil 
        penalties under this section shall be deposited into the 
        renewable energy account established pursuant to this 
        subsection. The State renewable energy account shall be held by 
        the Secretary and shall not be transferred to the Treasury 
        Department.
            ``(3) Use.--Proceeds deposited in the State renewable 
        energy account shall be used by the Secretary, subject to 
        appropriations, for a program to provide grants to the State 
        agency responsible for developing State energy conservation 
        plans under section 362 of the Energy Policy and Conservation 
        Act (42 U.S.C. 6322) for the purposes of promoting renewable 
        energy production, including programs that promote technologies 
        that reduce the use of electricity at customer sites such as 
        solar water heating.
            ``(4) Administration.--The Secretary may issue guidelines 
        and criteria for grants awarded under this subsection. State 
        energy offices receiving grants under this section shall 
        maintain such records and evidence of compliance as the 
        Secretary may require.
            ``(5) Preference.--In allocating funds under this program, 
        the Secretary shall give preference--
                    ``(A) to States in regions which have a 
                disproportionately small share of economically 
                sustainable renewable energy generation capacity; and
                    ``(B) to State programs to stimulate or enhance 
                innovative renewable energy technologies.
    ``(e) Rules.--The Secretary shall issue rules implementing this 
section not later than 1 year after the date of enactment of this 
section.
    ``(f) Exemptions.--This section shall not apply in any calendar 
year to an electric utility--
            ``(1) that sold less than 4,000,000 megawatt-hours of 
        electric energy to electric consumers during the preceding 
        calendar year; or
            ``(2) in Hawaii.
    ``(g) Inflation Adjustment.--Not later than December 31 of each 
year beginning in 2008, the Secretary shall adjust for inflation the 
price of a renewable energy credit under subsection (b)(2) and the 
amount of the civil penalty per kilowatt-hour under subsection (c)(2).
    ``(h) State Programs.--
            ``(1) In general.--Nothing in this section diminishes any 
        authority of a State or political subdivision of a State to 
        adopt or enforce any law or regulation respecting renewable 
        energy, but, except as provided in subsection (c)(3), no such 
        law or regulation shall relieve any person of any requirement 
        otherwise applicable under this section. The Secretary, in 
        consultation with States having such renewable energy programs, 
        shall, to the maximum extent practicable, facilitate 
        coordination between the Federal program and State programs.
            ``(2) Regulations.--
                    ``(A) In general.--The Secretary, in consultation 
                with States, shall promulgate regulations to ensure 
                that an electric utility subject to the requirements of 
                this section that is also subject to a State renewable 
                energy standard receives renewable energy credits in 
                relation to equivalent quantities of renewable energy 
                associated with compliance mechanisms, other than the 
                generation or purchase of renewable energy by the 
                electric utility, including the acquisition of 
                certificates or credits and the payment of taxes, fees, 
                surcharges, or other financial compliance mechanisms by 
                the electric utility or a customer of the electric 
                utility, directly associated with the generation or 
                purchase of renewable energy.
                    ``(B) Prohibition on double counting.--The 
                regulations promulgated under this paragraph shall 
                ensure that a kilowatt hour associated with a renewable 
                energy credit issued pursuant to this subsection shall 
                not be used for compliance with this section more than 
                once.
    ``(i) Recovery of Costs.--
            ``(1) In general.--The Commission shall issue and enforce 
        such regulations as are necessary to ensure that an electric 
        utility recovers all prudently incurred costs associated with 
        compliance with this section.
            ``(2) Applicable law.--A regulation under paragraph (1) 
        shall be enforceable in accordance with the provisions of law 
        applicable to enforcement of regulations under the Federal 
        Power Act (16 U.S.C. 791a et seq.).
    ``(j) Wind Energy Development Study.--The Secretary, in 
consultation with appropriate Federal and State agencies, shall 
conduct, and submit to Congress a report describing the results of, a 
study on methods to increase transmission line capacity for wind energy 
development.
    ``(k) Definitions.--In this section:
            ``(1) Base amount of electricity.--The term `base amount of 
        electricity' means the total amount of electricity sold by an 
        electric utility to electric consumers in a calendar year, 
        excluding municipal waste and electricity generated by a 
        hydroelectric facility (including a pumped storage facility, 
        but excluding incremental hydropower).
            ``(2) Distributed generation facility.--The term 
        `distributed generation facility' means a facility at a 
        customer site.
            ``(3) Existing renewable energy.--The term `existing 
        renewable energy' means, except as provided in paragraph 
        (7)(B), electric energy generated at a facility (including a 
        distributed generation facility) placed in service prior to 
        January 1, 2001, from solar, wind, or geothermal energy, ocean 
        energy, biomass (as defined in section 203(a) of the Energy 
        Policy Act of 2005), or landfill gas.
            ``(4) Geothermal energy.--The term `geothermal energy' 
        means energy derived from a geothermal deposit (within the 
        meaning of section 613(e)(2) of the Internal Revenue Code of 
        1986).
            ``(5) Incremental geothermal production.--
                    ``(A) In general.--The term `incremental geothermal 
                production' means for any year the excess of--
                            ``(i) the total kilowatt hours of 
                        electricity produced from a facility (including 
                        a distributed generation facility) using 
                        geothermal energy; over
                            ``(ii) the average annual kilowatt hours 
                        produced at such facility for 5 of the previous 
                        7 calendar years before the date of enactment 
                        of this section after eliminating the highest 
                        and the lowest kilowatt hour production years 
                        in such 7-year period.
                    ``(B) Special rule.--A facility described in 
                subparagraph (A) that was placed in service at least 7 
                years before the date of enactment of this section 
                shall, commencing with the year in which such date of 
                enactment occurs, reduce the amount calculated under 
                subparagraph (A)(ii) each year, on a cumulative basis, 
                by the average percentage decrease in the annual 
                kilowatt hour production for the 7-year period 
                described in subparagraph (A)(ii) with such cumulative 
                sum not to exceed 30 percent.
            ``(6) Incremental hydropower.--The term `incremental 
        hydropower' means additional energy generated as a result of 
        efficiency improvements or capacity additions made on or after 
        January 1, 2001, or the effective date of an existing 
        applicable State renewable portfolio standard program at a 
        hydroelectric facility that was placed in service before that 
        date. The term does not include additional energy generated as 
        a result of operational changes not directly associated with 
        efficiency improvements or capacity additions. Efficiency 
        improvements and capacity additions shall be measured on the 
        basis of the same water flow information used to determine a 
        historic average annual generation baseline for the 
        hydroelectric facility and certified by the Secretary or the 
        Federal Energy Regulatory Commission.
            ``(7) New renewable energy.--The term `new renewable 
        energy' means--
                    ``(A) electric energy generated at a facility 
                (including a distributed generation facility) placed in 
                service on or after January 1, 2001, from--
                            ``(i) solar, wind, or geothermal energy or 
                        ocean energy;
                            ``(ii) biomass (as defined in section 
                        203(b) of the Energy Policy Act of 2005 (42 
                        U.S.C. 15852(b));
                            ``(iii) landfill gas; or
                            ``(iv) incremental hydropower; and
                    ``(B) for electric energy generated at a facility 
                (including a distributed generation facility) placed in 
                service prior to the date of enactment of this 
                section--
                            ``(i) the additional energy above the 
                        average generation in the 3 years preceding the 
                        date of enactment of this section at the 
                        facility from--
                                    ``(I) solar or wind energy or ocean 
                                energy;
                                    ``(II) biomass (as defined in 
                                section 203(b) of the Energy Policy Act 
                                of 2005 (42 U.S.C. 15852(b));
                                    ``(III) landfill gas; or
                                    ``(IV) incremental hydropower.
                            ``(ii) incremental geothermal production.
            ``(8) Ocean energy.--The term `ocean energy' includes 
        current, wave, tidal, and thermal energy.
    ``(l) Sunset.--This section expires on December 31, 2040.''.
    (b) Table of Contents Amendment.--The table of contents of the 
Public Utility Regulatory Policies Act of 1978 (16 U.S.C. prec. 2601) 
is amended by adding at the end of the items relating to title VI the 
following:

``Sec. 610. Federal renewable portfolio standard.''.
[EX A]: Amends the Public Utility Regulatory Policies Act of 1978 to set forth a federal renewable energy portfolio standard applicable to calendar years 2010 to 2025.

Instructs the Secretary of Energy to establish: (1) a renewable energy credit trading program under which electric utilities shall submit to the Secretary renewable energy credits to certify their compliance with such standard; and (2) a state renewable energy account program for grants to state agencies to promote renewable energy production (including programs that promote technologies that reduce the use of electricity at customer sites such as solar water heating).



Requires the Federal Energy Regulatory Commission (FERC) to issue and enforce regulations to ensure that an electric utility recovers all prudently incurred costs associated with compliance with this Act.

Instructs the Secretary to study and report to Congress on methods to increase transmission line capacity for wind energy development.

[EX Q]: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Evacuees Tax Relief Act of 2005''.

SEC. 2. EVACUATION EXPENSES.

    (a) Credit for Evacuation Expenses.--Subpart A of part IV of 
subchapter A of chapter 1 of the Internal Revenue Code of 1986 
(relating to nonrefundable personal credits) is amended by inserting 
after section 25D the following new section:

``SEC. 25E. EVACUATION EXPENSES.

    ``(a) Allowance of Credit.--In the case of an individual, there 
shall be allowed as a credit against the tax imposed by this subtitle 
for the taxable year an amount equal to the qualified evacuation 
expenses paid or incurred by the individual during the taxable year.
    ``(b) Dollar Limitation.--With respect to an individual, the 
aggregate amount of qualified evacuation expenses which may be taken 
into account under subsection (a) for all taxable years during the 
credit allowance period shall not exceed $5,000.
    ``(c) Qualified Evacuation Expenses.--For purposes of this 
section--
            ``(1) In general.--The term `qualified evacuation expenses' 
        means, with respect to any taxable year during the credit 
        allowance period, the sum of all expenses paid or incurred by 
        the individual during such taxable year by reason of a 
        qualified evacuation. Such expenses shall include travel and 
        lodging expenses as do not exceed $1,000, lost wages, and any 
        property damage not compensated for by insurance or otherwise.
            ``(2) Qualified evacuation.--With respect to an individual, 
        the term `qualified evacuation' means a voluntary or mandatory 
        evacuation ordered by reason of a qualified disaster (as 
        defined in section 139(c)) of an area in which such individual 
        resides on the date of such disaster.
            ``(3) Credit allowance period.--With respect to a qualified 
        evacuation, the term `credit allowance period' means the 
        taxable year or years during which the evacuation occurred and 
        each of the 3 succeeding taxable years.
    ``(d) Portion of Credit Refundable.--
            ``(1) In general.--The aggregate credits allowed to an 
        individual 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, 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 26(a) were increased by 
                the individual's social security taxes for the taxable 
                year.
        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 credit otherwise allowable under 
        subsection (a).
            ``(2) Social security taxes.--For purposes of paragraph 
        (1)--
                    ``(A) In general.--The term `social security taxes' 
                means, with respect to any taxpayer for any taxable 
                year--
                            ``(i) the amount of the taxes imposed by 
                        section 3101 and 3201(a) on amounts received by 
                        the taxpayer during the calendar year in which 
                        the taxable year begins,
                            ``(ii) 50 percent of the taxes imposed by 
                        section 1401 on the self-employment income of 
                        the taxpayer for the taxable year, and
                            ``(iii) 50 percent of the taxes imposed by 
                        section 3211(a)(1) on amounts received by the 
                        taxpayer during the calendar year in which the 
                        taxable year begins.
                    ``(B) Coordination with special refund of social 
                security taxes.--The term `social security taxes' shall 
                not include any taxes to the extent the taxpayer is 
                entitled to a special refund of such taxes under 
                section 6413(c).
                    ``(C) Special rule.--Any amounts paid pursuant to 
                an agreement under section 3121(l) (relating to 
                agreements entered into by American employers with 
                respect to foreign affiliates) which are equivalent to 
                the taxes referred to in subparagraph (A)(i) shall be 
                treated as taxes referred to in such paragraph.
    ``(e) Denial of Double Benefit.--No credit shall be allowed under 
subsection (a) for any expense for which a deduction or credit is 
allowed under any other provision of this chapter.
    ``(f) Election not to Have Section Apply.--An individual may elect 
not to have this section apply with respect to the qualified evacuation 
expenses of the individual for any taxable year.''.
    (b) Deduction for Evacuation Expenses.--
            (1) In general.--Part VII of subchapter B of chapter 1 of 
        the Internal Revenue Code of 1986 (relating to additional 
        itemized deductions for individuals) is amended by 
        redesignating section 224 as section 225 and by inserting after 
        section 223 the following new section:

``SEC. 224. DEDUCTION FOR EVACUATION EXPENSES.

    ``(a) Allowance of Deduction.--In the case of an individual, there 
shall be allowed as a deduction an amount equal to the qualified 
evacuation expenses paid or incurred by the individual during the 
taxable year.
    ``(b) Dollar Limitation.--With respect to an individual, the 
aggregate amount of qualified evacuation expenses which may be taken 
into account under subsection (a) for all taxable years during the 
deduction allowance period shall not exceed $5,000.
    ``(c) Qualified Evacuation Expenses.--For purposes of this 
section--
            ``(1) In general.--The term `qualified evacuation expenses' 
        means, with respect to any taxable year during the deduction 
        allowance period, the sum of all expenses paid or incurred by 
        the individual during such taxable year by reason of a 
        qualified evacuation. Such expenses shall include travel and 
        lodging expenses as do not exceed $1,000, lost wages, and any 
        property damage not compensated for by insurance or otherwise.
            ``(2) Qualified evacuation.--With respect to an individual, 
        the term `qualified evacuation' means a voluntary or mandatory 
        evacuation ordered by reason of a qualified disaster (as 
        defined in section 139(c)) of an area in which such individual 
        resides on the date of such disaster.
            ``(3) Deduction allowance period.--With respect to a 
        qualified evacuation, the term `deduction allowance period' 
        means the taxable year or years during which the evacuation 
        occurred and each of the 3 succeeding taxable years.
    ``(d) Denial of Double Benefit.--No deduction shall be allowed 
under subsection (a) for any expense for which a deduction or credit is 
allowed under any other provision of this chapter.
    ``(e) Election not to Have Section Apply.--An individual may elect 
not to have this section apply with respect to the qualified evacuation 
expenses of the individual for any taxable year.''.
            (2) Deduction allowed whether or not individual itemizes 
        other deductions.--Subsection (a) of section 62 of such Code is 
        amended by redesignating paragraph (19) (relating to health 
        savings accounts) as paragraph (20) and inserting at the end 
        the following new paragraph:
            ``(21) Deduction for evacuation expenses.--The deduction 
        allowed by section 224.''.
    (c) Clerical Amendments.--
            (1) The table of sections for subpart A of part IV of 
        subchapter A of chapter 1 of such Code is amended by inserting 
        after the item relating to section 25D the following new item:

``Sec. 25E. Evacuation expenses.''.
            (2) The table of sections for part VII of subchapter B of 
        chapter 1 of such Code is amended by striking the last item and 
        inserting the following new items:

``Sec. 224. Deduction for evacuation expenses.
``Sec. 225. Cross reference.''.
    (d) Effective Date.--The amendments made by this section shall 
apply to taxable years ending after August 27, 2005.
[EX A]:
Evacuees Tax Relief Act of 2005 - Amends the Internal Revenue Code to allow individual taxpayers to elect either a tax credit or tax deduction for up to $5,000 of their voluntary or mandatory evacuation expenses due to a disaster.