115 HR 7037 IH: State Flood Mitigation Revolving Fund Act of 2018
U.S. House of Representatives
2018-10-05
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I115th CONGRESS2d SessionH. R. 7037IN THE HOUSE OF REPRESENTATIVESOctober 5, 2018Mr. Crist (for himself and Mr. Williams) introduced the following bill; which was referred to the Committee on Financial ServicesA BILLTo amend the National Flood Insurance Act of 1968 to allow the Administrator of the Federal
			 Emergency Management Agency to provide capitalization grants to States to
			 establish revolving funds to provide funding assistance to reduce flood
			 risks, and for other purposes.

 1.Short titleThis Act may be cited as the State Flood Mitigation Revolving Fund Act of 2018. 2.State revolving loan funds for flood mitigationChapter I of the National Flood Insurance Act of 1968 (42 U.S.C. 4011 et seq.) is amended by adding at the end the following:

				1326.State revolving loan funds for flood mitigation
 (a)DefinitionsIn this section— (1)the term Community Rating System means the community rating system carried out under section 1315(b);
 (2)the term eligible State means a State, the District of Columbia, and the Commonwealth of Puerto Rico; (3)the term insular area means—
 (A)Guam; (B)American Samoa;
 (C)the Commonwealth of the Northern Mariana Islands; (D)the Federated States of Micronesia;
 (E)the Republic of the Marshall Islands; (F)the Republic of Palau; and
 (G)the United States Virgin Islands; (4)the term intended use plan means a plan prepared under subsection (d)(1);
 (5)the term low-income geographic area means an area described in paragraph (1) or (2) of section 301(a) of the Public Works and Economic Development Act of 1965 (42 U.S.C. 3161(a));
 (6)the term low-income homeowner means the owner of a primary residence, the household income of which in a taxable year is not more than 80 percent of the median income for the area in which the residence is located;
 (7)the term participating State means an eligible State that— (A)has entered into an agreement under subsection (b)(1); and
 (B)agrees to comply with the requirements of this section; (8)the term pre-FIRM building means a building for which construction or substantial improvement occurred before the effective date of the initial Flood Insurance Rate Map published by the Administrator under section 1360 for the area in which the building is located;
 (9)the term repetitive loss structure has the meaning given the term in section 1370(a); (10)the term severe repetitive loss property has the meaning given the term in section 1307(h);
 (11)the term State loan fund means a flood mitigation assistance revolving loan fund established by an eligible State under this section; and
 (12)the term tribal government means the recognized government of an Indian tribe, or the governing body of an Alaska Native regional or village corporation, that has been determined eligible to receive services from the Bureau of Indian Affairs.
						(b)General authority
 (1)In generalThe Administrator may enter into an agreement with an eligible State to provide a capitalization grant for the eligible State to establish a revolving fund that will provide funding assistance to help homeowners, businesses, nonprofit organizations, and communities reduce flood risk in order to decrease—
 (A)the loss of life and property; (B)the cost of flood insurance; and
 (C)Federal disaster payments. (2)Timing of deposit and agreements for distribution of funds (A)In generalNot later than the last day of the fiscal year following the fiscal year in which a capitalization grant is made to a participating State under paragraph (1), the participating State shall—
 (i)deposit the grant in the State loan fund of the State; and (ii)enter into one or more binding agreements that provide for the State to distribute the grant funds for purposes authorized under subsection (c) such that—
 (I)in the case of the initial grant made under this section to a State, not less than 75 percent of the amount of the grant funds shall be distributed before the expiration of the 24-month period beginning upon deposit of such funds in the State loan fund of the State; and
 (II)in the case of any subsequent grant made under this section to a State, not less than 90 percent of the amount of the grant funds made under the capitalization grant shall be distributed before the expiration of the 12-month period beginning upon deposit of such funds in the State loan fund of the State.
 (B)NoncomplianceExcept as provided in subparagraph (C), if a participating State does not comply with subparagraph (A) with respect to a grant, the Administrator shall reallocate the grant in accordance with paragraph (3)(B).
 (C)ExceptionThe Administrator may not reallocate any funds under subparagraph (B) to a participating State that violated subparagraph (A) with respect to a grant made during the same fiscal year in which the funds to be reallocated were originally made available.
							(3)Allocation
 (A)In generalThe Administrator shall allocate amounts made available to carry out this section to participating States—
 (i)for the participating States to deposit in the State loan funds established by the participating States; and
 (ii)except as provided in paragraph (6), in accordance with the requirements described in subparagraph (B).
 (B)RequirementsThe requirements described in this subparagraph are as follows: (i)Fifty percent of the total amount made available under subparagraph (A) shall be allocated so that each participating State receives the percentage amount that is obtained by dividing the number of properties that were insured under the national flood insurance program in that State in the fiscal year preceding the fiscal year in which the amount is allocated by the total number of properties that were insured under the national flood insurance program in the fiscal year preceding the fiscal year in which the amount is allocated.
 (ii)Fifty percent of the total amount made available under subparagraph (A) shall be allocated so that each participating State receives a percentage of funds that is equal to the product obtained under clause (iii)(IV) with respect to that participating State after following the procedures described in clause (iii).
 (iii)The procedures described in this clause are as follows: (I)Divide the total amount collected in premiums for properties insured under the national flood insurance program in each participating State during the previous fiscal year by the number of properties insured under the national flood insurance program in that State for that fiscal year.
 (II)Add together each quotient obtained under subclause (I). (III)For each participating State, divide the quotient obtained under subclause (I) with respect to that State by the sum obtained under subclause (II).
 (IV)For each participating State, multiply the amount that is 50 percent of the total amount made available under subparagraph (A) by the quotient obtained under subclause (III).
									(4)No revolving fund required
 (A)In generalNotwithstanding any other provision of this section, and subject to subparagraph (B), a participating State that receives less than $4,000,000 under paragraph (3)(B) in a fiscal year may distribute the funds directly in the form of grants or technical assistance for a purpose described in subsection (c)(2), without regard to whether the State has established a State loan fund.
 (B)State matchingA participating State that exercises the authority under subparagraph (A) in a fiscal year shall provide matching funds from non-Federal sources in an amount that is equal to 15 percent of the amount that the State receives under paragraph (3)(B) in that fiscal year for purposes described in subparagraph (A).
 (5)Allocation of remaining fundsAfter allocating amounts made available to carry out this section for a fiscal year in accordance with paragraph (3), the Administrator shall allocate any remaining amounts made available for that fiscal year to participating States, using the procedures described in clauses (i) through (iii) of paragraph (3)(B).
 (6)Allocation for tribal governments and insular areasThe Administrator shall reserve not less than 5.0 percent of the amount made available to carry out this section in a fiscal year to enter into grant agreements with tribal governments and insular areas, with the grant funds to be distributed—
 (A)according to criteria established by the Administrator; and (B)for a purpose described in subsection (c)(2).
 (7)Administrative costs; technical assistanceThe Administrator shall reserve not more than 2.5 percent of the amount made available to carry out this section in a fiscal year—
 (A)for administrative costs incurred in carrying out this section; and (B)to provide technical assistance to recipients of grants under this section.
							(c)Use of funds
 (1)In generalAmounts deposited in a State loan fund, including repayments of loans made from the fund and interest earned on the amounts in the fund, shall be used—
 (A)consistent with paragraphs (2) and (3) and subsection (g), to provide financial assistance for— (i)homeowners, businesses, and nonprofit organizations that are eligible to participate in the national flood insurance program; and
 (ii)any local government that participates in the national flood insurance program; (B)as a source of revenue and security for leveraged loans, the proceeds of which shall be deposited in the State loan fund; or
 (C)for the sale of bonds as security for payment of the principal and interest on revenue or general obligation bonds issued by the participating State to provide matching funds under subsection (g), if the proceeds from the sale of the bonds are deposited in the State loan fund.
 (2)PurposesA recipient of financial assistance provided through amounts from a State loan fund— (A)shall use the amounts to reduce—
 (i)flood risk; or (ii)potential flood claims submitted under the national flood insurance program;
 (B)shall use the amounts in a cost-effective manner under requirements established by the State, which may require an applicant for financial assistance to submit any information that the State considers relevant or necessary before the date on which the applicant receives the assistance;
 (C)shall use the amounts for projects that— (i)meet design and construction standards established by the Administrator;
 (ii)are located in communities that— (I)participate in the national flood insurance program; and
 (II)have developed a State, local, or tribal government hazard mitigation plan that has been approved by the Administrator under section 1366;
									(iii)
 (I)address a repetitive loss structure or a severe repetitive loss property; or (II)address flood risk in the 500-year floodplain, areas of residual flood risk, or other areas of potential flood risk, as identified by the Administrator; and
 (iv)address current risk and anticipate future risk, such as sea-level rise; (D)may use the amounts—
 (i)for projects relating to— (I)structural elevation;
 (II)floodproofing; (III)the relocation or removal of buildings from the 100-year floodplain or other areas of flood risk, including the acquisition of properties for such a purpose;
 (IV)environmental restoration activities that directly reduce flood risk; (V)any eligible activity described in subparagraphs (A) through (G) of section 1366(c)(3); or
 (VI)other activities determined appropriate by the Administrator; (ii)with respect to a project described in clause (i), only for expenditures directly related to a project described in that clause, including expenditures for planning, design, and associated pre-construction activities; and
 (iii)to acquire, for the purposes of permanent protection, land, buildings, or a conservation easement from a willing seller or grantor;
 (E)may not use the amounts— (i)to construct buildings or expand existing buildings unless the activity is for the purpose of flood mitigation;
 (ii)to improve any structure, unless the recipient has obtained flood insurance coverage in an amount at least equal to the lesser of the eligible project costs or the maximum insurable limit for the structure under the national flood insurance program coverage for the structure, which coverage shall be maintained for the useful life of the structure;
 (iii)to improve a residential property with an appraised value that is not less than 125 percent of the limitation on the maximum original principal obligation of a conventional mortgage that may be purchased by the Federal National Mortgage Association or the Federal Home Loan Mortgage Corporation in the area in which the property is located, as established under section 302(b)(2) of the Federal National Mortgage Association Charter Act (12 U.S.C. 1717(b)(2)) and section 305(a)(2) of the Federal Home Loan Mortgage Corporation Act (12 U.S.C. 1454(a)(2));
 (iv)for the direct benefit of a homeowner if the annual household adjusted gross income of the homeowner during the previous fiscal year was not less than $200,000, as annually adjusted by the Administrator to reflect changes in the Consumer Price Index for All Urban Consumers, as published by the Bureau of Labor Statistics of the Department of Labor and rounded to the nearest $25; or
 (v)to acquire real property or an interest in real property unless the property is purchased from a willing seller; and
 (F)shall, in the use of such amounts, give priority to the maximum extent practicable to projects that assist low-income homeowners and low-income geographical areas.
							(d)Intended use plans
 (1)In generalAfter providing the opportunity for public review and comment, each participating State shall annually prepare a plan that identifies, for the year following the date of issuance of the intended use plan, the intended uses of the amounts available in the State loan fund of the participating State.
 (2)Consultation during preparationEach participating State, in preparing an intended use plan, shall ensure that the State agency with primary responsibility for floodplain management—
 (A)provides oversight with respect to the preparation of the intended use plan; and (B)consults with any other appropriate State agency, including agencies responsible for coastal and environmental management.
 (3)ContentsA participating State shall, in each intended use plan— (A)include—
 (i)an explanation of the mitigation and resiliency benefits the State intends to achieve, including by—
 (I)reducing future damage and loss associated with flooding; (II)reducing the number of severe repetitive loss properties and repetitive loss structures in the State;
 (III)decreasing the number of flood insurance claims in the State; and (IV)increasing the rating under the Community Rating System for communities in the State;
 (ii)information with respect to the availability of, and the application process for receiving, financial assistance from the State loan fund of the State;
 (iii)the criteria and methods established for the distribution of amounts from the State loan fund of the State;
 (iv)the amount of financial assistance that the State anticipates allocating to— (I)local government projects; and
 (II)projects for homeowners, business, or nonprofit organizations; (v)the expected terms of the assistance provided under clause (iv); and
 (vi)a description of the financial status of the State loan fund and the short-term and long-term goals of the State loan fund; and
 (B)provide, to the maximum extent practicable, that priority for the use of amounts from the State loan fund shall be given to projects that—
 (i)address severe repetitive loss properties and repetitive loss structures; (ii)assist low-income homeowners and low-income geographic areas; and
 (iii)address flood risk for pre-FIRM buildings. (4)PublicationEach participating State shall publish and periodically update a list of all projects receiving funding from the State loan fund of the State, which shall include identification of—
 (A)the community in which the project is located; (B)the type and amount of assistance provided for each project; and
 (C)the expected funding schedule and date of completion of each project. (e)Fund managementAmounts in a State loan fund shall—
 (1)remain available for providing financial assistance under this section until distributed; (2)if the amounts are not required for immediate distribution or expenditure, be invested in interest-bearing obligations; and
 (3)except as provided in subsection (i), include only— (A)amounts received from capitalization grants made under this section;
 (B)repayments of loans made from the fund; and (C)interest earned on amounts in the fund.
							(f)Matching funds
 (1)Full grantOn or before the date on which a participating State receives a capitalization grant, the State shall deposit into the State loan fund of the State, in addition to the amount of the capitalization grant, an amount from non-Federal sources that is not less than 10 percent of the total amount of the capitalization grant.
 (2)Reduced grantNotwithstanding paragraph (1), if a State deposits in the State loan fund of the State in connection a capitalization grant an amount from non-Federal sources that is less than 10 percent of the total amount of the capitalization grant that would otherwise be received by the State, the Administrator shall reduce the amount of the capitalization grant received by the State to the amount that is 10 times the amount so deposited and shall allocate such remaining grant amounts under subsection (b)(5) together with the amounts allocated under such subsection.
 (g)Types of assistanceUnless otherwise prohibited by State law, a participating State may use the amounts deposited into a State loan fund under this section only—
 (1)to make a loan, on the condition that— (A)the interest rate for the loan is not more than the market interest rate;
 (B)the recipient of the loan will begin making principal and interest payments on the loan not later than 1 year after the date on which the project for which the loan was made is completed;
 (C)the loan will be fully amortized not later than 20 years after the date on which the project for which the loan was made is completed, except that, in the case of a loan made for a project in a low-income geographic area or to a low-income homeowner, the State may provide a longer amortization period for the loan if that longer period—
 (i)ends on a date that is not later than 30 years after the date on which the project is completed; and
 (ii)is not longer than the expected design life of the project; (D)the recipient of the loan demonstrates, based on verified and documented information that, at the time the loan is consummated, that the recipient has a reasonable ability to repay the loan, according to its terms, except that this subparagraph may not be construed to authorize any reduction or limitation in efforts to comply with the requirements of subsection (c)(2)(E) (relating to priority for assistance for low-income homeowners and low-income geographical areas); and
 (E)payments of principal and interest with respect to the loan will be deposited into the State loan fund;
 (2)to buy or refinance the debt obligation of a local government at an interest rate that is not more than the market interest rate;
 (3)to guarantee, or purchase insurance for, a local obligation, the proceeds of which finance a project eligible for assistance under this section, if the guarantee or purchase, as applicable, would—
 (A)improve credit market access; or (B)reduce the interest rate with respect to the obligation;
 (4)as a source of revenue or as security for the payment of principal and interest on revenue or general obligation bonds issued by the State if the proceeds of the sale of the bonds will be deposited into the State loan fund; or
 (5)to earn interest on those amounts. (h)Assistance for low-Income homeowners and low-Income geographic areas (1)In generalNotwithstanding any other provision of this section, if a participating State uses amounts from a State loan fund to provide financial assistance under subsection (c) in a low-income geographic area or to a low-income homeowner, the State may provide additional subsidization to the recipient of the assistance, including forgiveness of the principal of a loan.
 (2)LimitationFor each fiscal year, the total amount of additional subsidization provided by a participating State under paragraph (1) may not exceed 30 percent of the amount of the capitalization grant allocated to the State for that fiscal year.
						(i)Administration of fund
 (1)In generalA participating State may combine the financial administration of a State loan fund with the financial administration of any other revolving fund established by the State if—
 (A)combining the administration of the funds would— (i)be convenient and avoid administrative costs; and
 (ii)not violate the law of the State; and (B)the Administrator determines that—
 (i)amounts obtained from a grant made under this section, amounts obtained from the repayment of a loan made from a State loan fund, and interest earned on amounts in a State loan fund will be—
 (I)accounted for separately from amounts from other revolving funds; and (II)used only for purposes authorized under this section; and
 (ii)after consulting with the appropriate State agencies, the authority to establish assistance priorities and carry out oversight and related activities, other than financial administration, with respect to flood assistance remains with the State agency with primary responsibility for floodplain management.
								(2)Administrative and technical costs
 (A)In generalFor each fiscal year, a participating State may use the amount described in subparagraph (B) to— (i)pay the reasonable costs of administration of the programs under this section, including the recovery of reasonable costs incurred in establishing a State loan fund;
 (ii)provide appropriate oversight of projects authorized under this section; and (iii)provide technical assistance and outreach to recipients in the State of amounts under this section, including with respect to updating hazard mitigation plans and participating in the Community Rating System, in an amount that is not more than 4 percent of the funds made available to the State under this section.
 (B)DescriptionThe amount described in this subparagraph is an amount equal to the sum of— (i)any fees collected by a participating State to recover the costs described in subparagraph (A)(i), regardless of the source; and
 (ii)the greatest of— (I)$400,000;
 (II)0.2 percent of the value of the State loan fund of a State, as of the date on which the valuation is made; and
 (III)an amount equal to 7 percent of all grant awards made to a participating State for the State loan fund of the State under this section for the fiscal year.
									(3)Audit and report
 (A)Audit requirementNot less frequently than biennially, each participating State shall conduct an audit of the State loan fund of the State.
 (B)ReportEach participating State shall submit to the Administrator a biennial report regarding the activities of the State under this section during the period covered by the report, including—
 (i)the result of any audit conducted by the State under subparagraph (A); and (ii)a review of the effectiveness of the State loan fund of the State with respect to—
 (I)the intended use plans of the State; and (II)meeting the objectives described in subsection (b)(1).
 (4)OversightIn conducting oversight with respect to State loan funds established under this section, the Administrator—
 (A)shall— (i)periodically audit the funds in accordance with procedures established by the Comptroller General of the United States; and
 (ii)not less frequently than once every 4 years, review each State loan fund to determine the effectiveness of the fund in reducing flood risk; and
 (B)may, at any time— (i)make recommendations to a participating State with respect to the administration of the State loan fund of the State; or
 (ii)require specific changes with respect to a State loan fund in order to improve the effectiveness of the fund.
 (j)Liability protectionsThe Federal Government shall not be liable for any claim based upon the exercise or performance of, or the failure to exercise or perform, a discretionary function or duty on the part of the Federal agency, or an employee of the Federal Government, in carrying out the provision of this section.
 (k)RegulationsThe Administrator shall promulgate such guidance or regulations as may be necessary to carry out this section, including guidance or regulations that—
 (1)ensure that each participating State to which funds are allocated under this section uses the funds as efficiently as possible;
 (2)reduce, to the maximum extent practicable, waste, fraud, and abuse with respect to the implementation of this section; and
 (3)require any party that receives funds directly or indirectly under this section, including a participating State and a recipient of amounts from a State loan fund, to use procedures with respect to the management of the funds that conform to generally accepted accounting standards.
 (l)Authorization of appropriationsThere are authorized to be appropriated such sums as may be necessary to carry out this section for fiscal years 2019 through 2028..
		3.Consideration of mitigation measures funded by State loan funds in flood insurance premium rates
 (a)Estimated ratesClause (ii) of section 1307(a)(1)(A) of the National Flood Insurance Act of 1968 (42 U.S.C. 4014(a)(1)(A)(ii)) is amended by inserting and any activities assisted through amounts from a State loan fund established pursuant to section 1326, after similar measures,.
 (b)Chargeable ratesParagraph (1) of section 1308(b) of the National Flood Insurance Act of 1968 (42 U.S.C. 4015(b)(1)) is amended by striking and similar measures and inserting similar measures, and any activities assisted through amounts from a State loan fund established pursuant to section 1326.


116 HR 3306 IH: Nuclear Energy Leadership Act
U.S. House of Representatives
2019-06-18
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I116th CONGRESS1st SessionH. R. 3306IN THE HOUSE OF REPRESENTATIVESJune 18, 2019Mrs. Luria (for herself, Mr. Riggleman, Mr. Lamb, and Mr. Wittman) introduced the following bill; which was referred to the Committee on Science, Space, and Technology, and in addition to the Committees on Energy and Commerce, Oversight and Reform, and Armed Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such
			 provisions as fall within the jurisdiction of the committee concernedA BILLTo direct the Secretary of Energy to establish advanced nuclear goals, provide for a versatile,
			 reactor-based fast neutron source, make available high-assay, low-enriched
			 uranium for research, development, and demonstration of advanced nuclear
			 reactor concepts, and for other purposes.

 1.Short titleThis Act may be cited as the Nuclear Energy Leadership Act. 2.Authorization of long-term power purchase agreementsSection 501(b)(1) of title 40, United States Code, is amended by striking subparagraph (B) and inserting the following:

				(B)Public utility contracts
					(i)Term
 (I)In generalA contract under this paragraph to purchase electricity from a public utility may be for a period of not more than 40 years.
 (II)Other public utility servicesA contract under this paragraph for a public utility service other than a service described in subclause (I) may be for a period of not more than 10 years.
 (ii)CostsThe cost of a contract under this paragraph for any fiscal year may be paid from the appropriations for that fiscal year..
		3.Long-term nuclear power purchase agreement pilot program
 (a)In generalSubtitle B of title VI of the Energy Policy Act of 2005 (Public Law 109–58; 119 Stat. 782) is amended by adding at the end the following:

					640.Long-term nuclear power purchase agreement pilot program
 (a)EstablishmentThe Secretary shall establish a pilot program for a long-term power purchase agreement. (b)RequirementsIn developing the pilot program under this section, the Secretary shall—
 (1)consult and coordinate with the heads of other Federal departments and agencies that may benefit from purchasing nuclear power for a period of longer than 10 years, including—
 (A)the Secretary of Defense; and (B)the Secretary of Homeland Security; and
 (2)not later than December 31, 2023, enter into at least 1 agreement to purchase power from a commercial nuclear reactor that receives a license from the Nuclear Regulatory Commission after January 1, 2019.
							(c)Factors for consideration
 (1)In generalIn carrying out this section, the Secretary shall give special consideration to power purchase agreements for first-of-a-kind or early deployment nuclear technologies that can provide reliable and resilient power to high-value assets for national security purposes or other purposes as the Secretary determines to be in the national interest, especially in remote off-grid scenarios or grid-connected scenarios that can provide capabilities commonly known as islanding power capabilities during an emergency scenario.
 (2)Effect on ratesAn agreement to purchase power under this section may be at a rate that is higher than the average market rate, if the agreement fulfills an applicable consideration described in paragraph (1)..
 (b)Table of contentsThe table of contents of the Energy Policy Act of 2005 (Public Law 109–58; 119 Stat. 594) is amended by inserting after the item relating to section 639 the following:

						Sec. 640. Long-term nuclear power purchase agreement pilot program..
			4.Advanced nuclear reactor research and development goals
 (a)In generalSubtitle E of title IX of the Energy Policy Act of 2005 (42 U.S.C. 16271 et seq.) is amended by adding at the end the following:

					959A.Advanced nuclear reactor research and development goals
 (a)DefinitionsIn this section: (1)Advanced nuclear reactorThe term advanced nuclear reactor means—
 (A)a nuclear fission reactor, including a prototype plant (as defined in sections 50.2 and 52.1 of title 10, Code of Federal Regulations (or successor regulations)), with significant improvements compared to the most recent generation of fission reactors, including improvements such as—
 (i)additional inherent safety features; (ii)lower waste yields;
 (iii)improved fuel performance; (iv)increased tolerance to loss of fuel cooling;
 (v)enhanced reliability; (vi)increased proliferation resistance;
 (vii)increased thermal efficiency; (viii)reduced consumption of cooling water;
 (ix)the ability to integrate into electric applications and nonelectric applications; (x)modular sizes to allow for deployment that corresponds with the demand for electricity; or
 (xi)operational flexibility to respond to changes in demand for electricity and to complement integration with intermittent renewable energy; and
 (B)a fusion reactor. (2)Demonstration projectThe term demonstration project means an advanced nuclear reactor operated—
 (A)as part of the power generation facilities of an electric utility system; or (B)in any other manner for the purpose of demonstrating the suitability for commercial application of the advanced nuclear reactor.
 (b)PurposeThe purpose of this section is to direct the Secretary, as soon as practicable after the date of enactment of this section, to advance the research and development of domestic advanced, affordable, and clean nuclear energy by—
 (1)demonstrating different advanced nuclear reactor technologies that could be used by the private sector to produce—
 (A)emission-free power at a levelized cost of electricity of $60 per megawatt-hour or less; (B)heat for community heating, industrial purposes, or synthetic fuel production;
 (C)remote or off-grid energy supply; or (D)backup or mission-critical power supplies;
 (2)developing subgoals for nuclear energy research programs that would accomplish the goals of the demonstration projects carried out under subsection (c);
 (3)identifying research areas that the private sector is unable or unwilling to undertake due to the cost of, or risks associated with, the research; and
 (4)facilitating the access of the private sector— (A)to Federal research facilities and personnel; and
 (B)to the results of research relating to civil nuclear technology funded by the Federal Government. (c)Demonstration projects (1)In generalThe Secretary shall, to the maximum extent practicable—
 (A)complete not fewer than two advanced nuclear reactor demonstration projects by not later than December 31, 2025; and
 (B)establish a program to demonstrate not fewer than two, and not more than five, additional operational advanced reactor designs by not later than December 31, 2035.
 (2)RequirementsIn carrying out demonstration projects under paragraph (1), the Secretary shall— (A)include diversity in designs for the advanced nuclear reactors demonstrated under this section, including designs using various—
 (i)primary coolants; (ii)fuel types and compositions; and
 (iii)neutron spectra; (B)seek to ensure that—
 (i)the long-term cost of electricity or heat for each design to be demonstrated under this subsection is cost-competitive in the applicable market;
 (ii)the selected projects can meet the deadline established in paragraph (1) to demonstrate first-of-a-kind advanced nuclear reactor technologies, for which additional information shall be considered, including—
 (I)the technology readiness level of a proposed advanced nuclear reactor technology; (II)the technical abilities and qualifications of teams desiring to partner with the Department to demonstrate a proposed advanced nuclear reactor technology; and
 (III)the capacity to meet cost-share requirements of the Department; (C)ensure that each evaluation of candidate technologies for the demonstration projects is completed through an external review of proposed designs, which review shall—
 (i)be conducted by a panel that includes not fewer than 1 representative of each of— (I)an electric utility; and
 (II)an entity that uses high-temperature process heat for manufacturing or industrial processing, such as a petrochemical company, a manufacturer of metals, or a manufacturer of concrete; and
 (ii)include a review of cost-competitiveness and other value streams, together with the technology readiness level, of each design to be demonstrated under this subsection;
 (D)enter into cost-sharing agreements with partners in accordance with section 988 for the conduct of activities relating to the research, development, and demonstration of private-sector advanced nuclear reactor designs under the program;
 (E)work with private sector partners to identify potential sites, including Department-owned sites, for demonstrations, as appropriate; and
 (F)align specific activities carried out under demonstration projects carried out under this subsection with priorities identified through direct consultations between—
 (i)the Department; (ii)National Laboratories;
 (iii)institutions of higher education; (iv)traditional end-users (such as electric utilities);
 (v)potential end-users of new technologies (such as users of high-temperature process heat for manufacturing processing, including petrochemical companies, manufacturers of metals, or manufacturers of concrete); and
 (vi)developers of advanced nuclear reactor technology. (3)Additional requirementsIn carrying out demonstration projects under paragraph (1), the Secretary shall—
 (A)identify candidate technologies that— (i)are not developed sufficiently for demonstration within the initial required timeframe described in paragraph (1)(A); but
 (ii)could be demonstrated within the timeframe described in paragraph (1)(B); (B)identify technical challenges to the candidate technologies identified in subparagraph (A);
 (C)support near-term research and development to address the highest-risk technical challenges to the successful demonstration of a selected advanced reactor technology, in accordance with—
 (i)subparagraph (B); and (ii)the research and development activities under section 958;
 (D)establish such technology advisory working groups as the Secretary determines to be appropriate to advise the Secretary regarding the technical challenges identified under subparagraph (B) and the scope of research and development programs to address the challenges, in accordance with subparagraph (C), to be comprised of—
 (i)private-sector advanced nuclear reactor technology developers; (ii)technical experts with respect to the relevant technologies at institutions of higher education; and
 (iii)technical experts at the National Laboratories. (d)Goals (1)In generalThe Secretary shall establish goals for research relating to advanced nuclear reactors facilitated by the Department that support the objectives of the program for demonstration projects established under subsection (c).
 (2)CoordinationIn developing the goals under paragraph (1), the Secretary shall coordinate, on an ongoing basis, with members of private industry to advance the demonstration of various designs of advanced nuclear reactors.
 (3)RequirementsIn developing the goals under paragraph (1), the Secretary shall ensure that— (A)research activities facilitated by the Department to meet the goals developed under this subsection are focused on key areas of nuclear research and deployment ranging from basic science to full-design development, safety evaluation, and licensing;
 (B)research programs designed to meet the goals emphasize— (i)resolving materials challenges relating to extreme environments, including extremely high levels of—
 (I)radiation fluence; (II)temperature;
 (III)pressure; and (IV)corrosion; and
 (ii)qualification of advanced fuels; (C)activities are carried out that address near-term challenges in modeling and simulation to enable accelerated design and licensing;
 (D)related technologies, such as technologies to manage, reduce, or reuse nuclear waste, are developed;
 (E)nuclear research infrastructure is maintained or constructed, such as— (i)currently operational research reactors at the National Laboratories and institutions of higher education;
 (ii)hot cell research facilities; (iii)a versatile fast neutron source; and
 (iv)a molten salt testing facility; (F)basic knowledge of non-light water coolant physics and chemistry is improved;
 (G)advanced sensors and control systems are developed; and (H)advanced manufacturing and advanced construction techniques and materials are investigated to reduce the cost of advanced nuclear reactors..
 (b)Table of contentsThe table of contents of the Energy Policy Act of 2005 (Public Law 109–58; 119 Stat. 594) is amended—
 (1)in the item relating to section 917, by striking Efficiency; (2)in the items relating to sections 957, 958, and 959, by inserting Sec. before 9 each place it appears; and
 (3)by inserting after the item relating to section 959 the following:   Sec. 959A. Advanced nuclear reactor research and development goals.. 5.Nuclear energy strategic plan (a)In generalSubtitle E of title IX of the Energy Policy Act of 2005 (42 U.S.C. 16271 et seq.) (as amended by section 4(a)) is amended by adding at the end the following:

					959B.Nuclear energy strategic plan
 (a)In generalNot later than 180 days after the date of enactment of this section, the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committees on Energy and Commerce and Science, Space, and Technology of the House of Representatives a 10-year strategic plan for the Office of Nuclear Energy of the Department, in accordance with this section.
						(b)Requirements
 (1)ComponentsThe strategic plan under this section shall designate— (A)programs that support the planned accomplishment of—
 (i)the goals established under section 959A; and (ii)the demonstration programs identified under subsection (c) of that section; and
 (B)programs that— (i)do not support the planned accomplishment of demonstration programs, or the goals, referred to in subparagraph (A); but
 (ii)are important to the mission of the Office of Nuclear Energy, as determined by the Secretary. (2)Program planningIn developing the strategic plan under this section, the Secretary shall specify expected timelines for, as applicable—
 (A)the accomplishment of relevant objectives under current programs of the Department; or (B)the commencement of new programs to accomplish those objectives.
 (c)UpdatesNot less frequently than once every 2 years, the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committees on Energy and Commerce and Science, Space, and Technology of the House of Representatives an updated 10-year strategic plan in accordance with subsection (b), which shall identify, and provide a justification for, any major deviation from a previous strategic plan submitted under this section..
 (b)Table of contentsThe table of contents of the Energy Policy Act of 2005 (Public Law 109–58; 119 Stat. 594) (as amended by section 4(b)(3)) is amended by inserting after the item relating to section 959A the following:

						Sec. 959B. Nuclear energy strategic plan..
 6.Versatile, reactor-based fast neutron sourceSection 955(c)(1) of the Energy Policy Act of 2005 (42 U.S.C. 16275(c)(1)) is amended— (1)in the paragraph heading, by striking Mission need and inserting Authorization; and
 (2)in subparagraph (A), by striking determine the mission need and inserting provide. 7.Advanced nuclear fuel security program (a)FindingsCongress finds that—
 (1)the national security nuclear enterprise, which supports the nuclear weapons stockpile stewardship and naval reactors functions of the National Nuclear Security Administration, requires a domestic source of low- and high-enriched uranium in accordance with legal restrictions regarding foreign obligations relating to the beginning stage of the nuclear fuel cycle;
 (2)many domestic advanced nuclear power industry participants require access to high-assay, low-enriched uranium fuel for—
 (A)initial fuel testing; (B)operation of demonstration reactors; and
 (C)commercial operation of advanced nuclear reactors; (3)as of the date of enactment of this Act, no domestic uranium enrichment or fuel fabrication capability exists for uranium fuel enriched to greater than 5 weight percent of the uranium-235 isotope;
 (4)a healthy commercial nuclear fuel cycle capable of providing higher levels of enriched uranium would benefit—
 (A)the relevant national security functions of the National Nuclear Security Administration; and (B)the domestic advanced nuclear industry of the United States; and
 (5)making limited quantities of high-assay, low-enriched uranium available from Department of Energy stockpiles of uranium would allow for initial fuel testing and demonstration of advanced nuclear reactor concepts, accelerating—
 (A)the path to market of those concepts; and (B)the development of—
 (i)a market for advanced nuclear reactors; and (ii)a resulting growing commercial nuclear fuel cycle capability.
						(b)Amendment
 (1)In generalSubtitle E of title IX of the Energy Policy Act of 2005 (42 U.S.C. 16271 et seq.) (as amended by section 5(a)) is amended by adding at the end the following:

						960.Advanced nuclear fuel security program
 (a)DefinitionsIn this section: (1)HALEU transportation packageThe term HALEU transportation package means a transportation package that is suitable for transporting high-assay, low-enriched uranium.
 (2)High-assay, low-enriched uraniumThe term high-assay, low-enriched uranium means uranium with an assay greater than 5 weight percent, but less than 20 weight percent, of the uranium-235 isotope.
 (3)High-enriched uraniumThe term high-enriched uranium means uranium with an assay of 20 weight percent or more of the uranium-235 isotope. (b)High-Assay, low-Enriched uranium program for advanced reactors (1)EstablishmentNot later than 1 year after the date of enactment of this section, the Secretary shall establish a program to make available high-assay, low-enriched uranium, through contracts for sale, resale, transfer, or lease, for use in commercial or noncommercial advanced nuclear reactors.
 (2)Nuclear fuel ownershipEach lease under this subsection shall include a provision establishing that the nuclear fuel that is the subject of the lease shall remain the property of the Department, including with respect to responsibility for the final disposition of all radioactive waste created by the irradiation, processing, or purification of any leased uranium.
 (3)QuantityIn carrying out the program under this subsection, the Secretary shall make available— (A)by December 31, 2022, high-assay, low-enriched uranium containing not less than 2 metric tons of the uranium-235 isotope; and
 (B)by December 31, 2025, high-assay, low-enriched uranium containing not less than 10 metric tons of the uranium-235 isotope (as determined including the quantities of the uranium-235 isotope made available before December 31, 2022).
 (4)Factors for considerationIn carrying out the program under this subsection, the Secretary shall take into consideration options for providing the high-assay, low-enriched uranium under this subsection from a stockpile of uranium owned by the Department (including the National Nuclear Security Administration), including—
 (A)fuel that— (i)directly meets the needs of an end-user; but
 (ii)has been previously used or fabricated for another purpose; (B)fuel that can meet the needs of an end-user after removing radioactive or other contaminants that resulted from a previous use or fabrication of the fuel for research, development, demonstration, or deployment activities of the Department (including activities of the National Nuclear Security Administration); and
 (C)fuel from a high-enriched uranium stockpile, which can be blended with lower-assay uranium to become high-assay, low-enriched uranium to meet the needs of an end-user.
 (5)LimitationThe Secretary shall not barter or otherwise sell or transfer uranium in any form in exchange for services relating to the final disposition of radioactive waste from uranium that is the subject of a lease under this subsection.
 (6)SunsetThe program under this subsection shall terminate on the earlier of— (A)January 1, 2035; and
 (B)the date on which uranium enriched up to, but not equal to, 20 weight percent can be obtained in the commercial market from domestic suppliers.
									(c)Report
 (1)In generalNot later than 180 days after the date of enactment of this section, the Secretary shall submit to the appropriate committees of Congress a report that describes actions proposed to be carried out by the Secretary—
 (A)under the program under subsection (b); or (B)otherwise to enable the commercial use of high-assay, low-enriched uranium.
 (2)Coordination and stakeholder inputIn developing the report under this subsection, the Secretary shall seek input from— (A)the Nuclear Regulatory Commission;
 (B)the National Laboratories; (C)institutions of higher education;
 (D)a diverse group of entities operating in the nuclear energy industry; and (E)a diverse group of technology developers.
 (3)Cost and schedule estimatesThe report under this subsection shall include estimated costs, budgets, and timeframes for enabling the use of high-assay, low-enriched uranium.
 (4)Required evaluationsThe report under this subsection shall evaluate— (A)the costs and actions required to establish and carry out the program under subsection (b), including with respect to—
 (i)proposed preliminary terms for the sale, resale, transfer, and leasing of high-assay, low-enriched uranium (including guidelines defining the roles and responsibilities between the Department and the purchaser, transfer recipient, or lessee); and
 (ii)the potential to coordinate with purchasers, transfer recipients, and lessees regarding— (I)fuel fabrication; and
 (II)fuel transport; (B)the potential sources and fuel forms available to provide uranium for the program under subsection (b);
 (C)options to coordinate the program under subsection (b) with the operation of the versatile, reactor-based fast neutron source under section 959A;
 (D)the ability of the domestic uranium market to provide materials for advanced nuclear reactor fuel; and
 (E)any associated legal, regulatory, and policy issues that should be addressed to enable— (i)the program under subsection (b); and
 (ii)the establishment of a domestic industry capable of providing high-assay, low-enriched uranium for commercial and noncommercial purposes, including with respect to the needs of—
 (I)the Department; (II)the Department of Defense; and
 (III)the National Nuclear Security Administration. (d)HALEU transportation package research program (1)In generalAs soon as practicable after the date of enactment of this section, the Secretary shall establish a research, development, and demonstration program under which the Secretary shall provide grants, on a competitive basis, to establish the capability to transport high-assay, low-enriched uranium.
 (2)RequirementThe focus of the program under this subsection shall be to establish one or more HALEU transportation packages that can be certified by the Nuclear Regulatory Commission to transport high-assay, low-enriched uranium to the various facilities involved in producing or using nuclear fuel containing high-assay, low-enriched uranium, such as—
 (A)enrichment facilities; (B)fuel processing facilities;
 (C)fuel fabrication facilities; and (D)nuclear reactors..
 (2)Table of contentsThe table of contents of the Energy Policy Act of 2005 (Public Law 109–58; 119 Stat. 594) (as amended by section 5(b)) is amended by inserting after the item relating to section 959B the following:

							Sec. 960. Advanced nuclear fuel security program..
				8.University Nuclear Leadership Program
 (a)FindingsCongress finds that— (1)nuclear power plants—
 (A)generate billions of dollars in national economic activity through procurements throughout the United States; and
 (B)provide tens of thousands of people in the United States with high-paying jobs, contributing substantially to the local economies of the communities in which the plants operate;
 (2)the world market for the growth of commercial nuclear power was estimated by the Department of Commerce to be valued at up to $740,000,000,000 during the period of calendar years 2018 through 2028;
 (3)the participation and leadership of the United States in the market described in paragraph (2) will—
					(A)
 (i)increase economic activity in the United States through robust nuclear exports, leading to the enhanced economic security of the United States; and
 (ii)preserve and enhance the ability of the United States to positively influence international nuclear safety, security, and nonproliferation standards through commercial engagement with other nations; but
 (B)require significant investment in United States-origin advanced nuclear technologies; (4)in order to lead the world in the next generation of commercial nuclear power, the advanced nuclear industry in the United States should be positioned for accelerated growth, which requires public-private partnerships between industry entities and the Federal Government;
 (5)success in achieving the goals described in this subsection will require a whole-government Federal approach that focuses on the shared needs and individual mission requirements of, at a minimum—
 (A)the Department of Energy; (B)the National Nuclear Security Administration; and
 (C)the Nuclear Regulatory Commission; (6)advanced reactors present new challenges and opportunities in reactor design, safeguards, and regulation;
 (7)the challenges referred to in paragraph (6)— (A)are directly relevant to the missions of—
 (i)the Office of Nuclear Energy of the Department of Energy; (ii)the National Nuclear Security Administration; and
 (iii)the Nuclear Regulatory Commission; and (B)require a highly skilled workforce in order to be met; and
 (8)nuclear science and engineering programs at institutions of higher education in the United States— (A)annually award degrees in nuclear engineering and related fields to more than 600 undergraduate students, and 500 graduate students, who are critical to maintaining United States leadership in the development of advanced nuclear systems;
 (B)perform cutting-edge research and technology development activities that have made fundamental contributions to advancing United States nuclear technology; and
 (C)support workforce development critical to maintaining United States leadership in nuclear detection, nonproliferation, nuclear medicine, advanced manufacturing, and other non-energy areas.
 (b)AmendmentSection 313 of the Energy and Water Development and Related Agencies Appropriations Act, 2009 (42 U.S.C. 16274a), is amended to read as follows:

					313.University Nuclear Leadership Program
 (a)DefinitionsIn this section: (1)Advanced nuclear reactorThe term advanced nuclear reactor means—
 (A)a nuclear fission reactor, including a prototype plant (as defined in sections 50.2 and 52.1 of title 10, Code of Federal Regulations (or successor regulations)), with significant improvements compared to the most recent generation of fission reactors, including improvements such as—
 (i)additional inherent safety features; (ii)lower waste yields;
 (iii)improved fuel performance; (iv)increased tolerance to loss of fuel cooling;
 (v)enhanced reliability; (vi)increased proliferation resistance;
 (vii)increased thermal efficiency; (viii)reduced consumption of cooling water;
 (ix)the ability to integrate into electric applications and nonelectric applications; (x)modular sizes to allow for deployment that corresponds with the demand for electricity; or
 (xi)operational flexibility to respond to changes in demand for electricity and to complement integration with intermittent renewable energy; and
 (B)a fusion reactor. (2)Institution of higher educationThe term institution of higher education has the meaning given the term in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)).
 (3)ProgramThe term Program means the University Nuclear Leadership Program established under subsection (b). (b)EstablishmentThe Secretary of Energy, the Administrator of the National Nuclear Security Administration, and the Chairman of the Nuclear Regulatory Commission shall jointly establish a program, to be known as the University Nuclear Leadership Program.
						(c)Use of funds
 (1)In generalExcept as provided in paragraph (2), amounts made available to carry out the Program shall be used to provide financial assistance for scholarships, fellowships, and research and development projects at institutions of higher education in areas relevant to the programmatic mission of the applicable Federal agency providing the financial assistance with respect to research, development, demonstration, and deployment activities for technologies relevant to advanced nuclear reactors, including relevant fuel cycle technologies.
 (2)ExceptionNotwithstanding paragraph (1), amounts made available to carry out the Program may be used to provide financial assistance for a scholarship, fellowship, or multiyear research and development project that does not align directly with a programmatic mission of the applicable Federal agency providing the financial assistance, if the activity for which assistance is provided would facilitate the maintenance of the discipline of nuclear science or nuclear engineering.
 (d)Authorization of appropriationsThere are authorized to be appropriated such sums as are necessary to carry out the Program..


		III
		110th CONGRESS
		2d Session
		S. RES. 427
		IN THE SENATE OF THE UNITED STATES

			January 25, 2008
			Mrs. Feinstein (for
			 herself and Mrs. Boxer) submitted the
			 following resolution; which was considered and agreed to

		RESOLUTION
		Congratulating the University of California
		  at Berkeley men’s water polo team for winning the 2007 National Collegiate
		  Athletic Association Division I Championship.

		Whereas the University of California at Berkeley
			 (California) Golden Bears won the 2007 National Collegiate Athletic Association
			 (NCAA) Men’s Water Polo Championship, 8–6, over the University of Southern
			 California Trojans on December 2, 2007, at the Avery Aquatics Center at
			 Stanford University;
		Whereas the California Golden Bears had a 28–4 overall
			 record during the 2007 season;
		Whereas in 2007 the California Golden Bears won a Division
			 I men’s water polo title for the 2nd year in a row and the 13th time in school
			 history;
		Whereas Michael Sharf was named the 2007 NCAA Tournament
			 Most Valuable Player, Zac Monsees, and Jeff Tyrrell were named to the NCAA
			 Tournament 1st team, and Spencer Warden was named to the NCAA Tournament 2nd
			 team; and
		Whereas Michael Sharf, Zac Monsees, and Mark Sheredy were
			 named as first-team All-Americans, Adam Haley was named a second-team
			 All-American, and Jeff Tyrrell and Spencer Warden were selected as third-team
			 All-Americans for their exceptional contributions during the 2007 season: Now,
			 therefore, be it

		That the Senate congratulates the
			 University of California at Berkeley men’s water polo team for winning the 2007
			 National Collegiate Athletic Association Division I Championship.


109 HR 4066 IH: Evacuees Tax Relief Act of 2005
U.S. House of Representatives
2005-10-17
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I
109th CONGRESS
1st Session
H. R. 4066
IN THE HOUSE OF REPRESENTATIVES

October 17, 2005
Mr. Paul introduced the following bill; which was referred to the Committee on Ways and Means

A BILL
To amend the Internal Revenue Code of 1986 to allow individuals either a credit against income tax or a deduction for expenses paid or incurred by reason of a voluntary or mandatory evacuation.

1.Short titleThis Act may be cited as the Evacuees Tax Relief Act of 2005.
2.Evacuation expenses
(a)Credit for evacuation expensesSubpart 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:

25E.Evacuation expenses
(a)Allowance of creditIn 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 limitationWith 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 expensesFor purposes of this section—
(1)In generalThe 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 evacuationWith 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 periodWith 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 generalThe 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 taxesFor purposes of paragraph (1)—
(A)In generalThe 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 taxesThe 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 ruleAny 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 benefitNo 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 applyAn 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 generalPart 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:

224.Deduction for evacuation expenses
(a)Allowance of deductionIn 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 limitationWith 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 expensesFor purposes of this section—
(1)In generalThe 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 evacuationWith 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 periodWith 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 benefitNo 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 applyAn 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 deductionsSubsection (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 expensesThe 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 dateThe amendments made by this section shall apply to taxable years ending after August 27, 2005.