115 SRES 265 ATS: Designating September 22, 2017, as “National Falls Prevention Awareness Day” to raise awareness and encourage the prevention of falls among older adults.
U.S. Senate
2017-09-19
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.

III115th CONGRESS1st SessionS. RES. 265IN THE SENATE OF THE UNITED STATESSeptember 19, 2017Ms. Collins (for herself and Mr. Casey) submitted the following resolution; which was considered and agreed toRESOLUTIONDesignating September 22, 2017, as National Falls Prevention Awareness Day to raise awareness and encourage the prevention of falls among older adults.

 Whereas individuals who are 65 years of age or older (referred to in this preamble as older adults) are the fastest growing segment of the population in the United States and the number of older adults in the United States will increase from 46,200,000 in 2014 to 82,300,000 in 2040;
 Whereas more than 1 of 4 older adults in the United States falls each year; Whereas falls are the leading cause of both fatal and nonfatal injuries among older adults;
 Whereas, in 2014, approximately 2,800,000 older adults were treated in hospital emergency departments for fall-related injuries and more than 812,000 of those older adults were subsequently hospitalized;
 Whereas, in 2014, more than 27,000 older adults died from injuries related to unintentional falls and the death rates from falls of older adults in the United States have risen sharply in the last decade;
 Whereas, in 2015, the total direct medical cost of fall-related injuries for older adults, adjusted for inflation, was $31,000,000,000;
 Whereas, if the rate of increase in falls is not slowed, the annual cost of fall injuries will reach $67,700,000,000 by 2020; and
 Whereas evidence-based programs reduce falls by utilizing cost-effective strategies, such as exercise programs to improve balance and strength, medication management, vision improvement, reduction of home hazards, and fall prevention education: Now, therefore, be it

 That the Senate— (1)designates September 22, 2017, as National Falls Prevention Awareness Day;
 (2)recognizes that there are proven, cost-effective falls prevention programs and policies; (3)commends the 72 member organizations of the Falls Free Coalition and the falls prevention coalitions in 43 States and the District of Columbia for their efforts to work together to increase education and awareness about preventing falls among older adults;
 (4)encourages businesses, individuals, Federal, State, and local governments, the public health community, and health care providers to work together to raise awareness of falls in an effort to reduce the incidence of falls among older adults in the United States;
 (5)recognizes the Centers for Disease Control and Prevention for its work developing and evaluating interventions for all members of health care teams to make falls prevention a routine part of clinical care;
 (6)recognizes the Administration for Community Living for its work to promote access to evidence-based programs and services in communities across the United States;
 (7)encourages State health departments and State units on aging, which provide significant leadership in reducing injuries and related health care costs by collaborating with organizations and individuals, to reduce falls among older adults; and
 (8)encourages experts in the field of falls prevention to share their best practices so that their success can be replicated by others.


I
108th CONGRESS 2d Session
H. R. 4393
IN THE HOUSE OF REPRESENTATIVES

May 19, 2004
Mr. Case introduced the following bill; which was referred to the Committee on Resources

A BILL
To direct the Secretary of the Interior to study the suitability and feasibility of designating certain lands along the northern coast of Maui, Hawaii, as a unit of the National Park System.

1.North maui coastal study
(a)Short TitleThis section may be cited as the North Maui Coastal Preservation Act of 2004.
(b)Study
(1)In generalThe Secretary of the Interior shall complete a study to determine the suitability and feasibility of designating certain lands located on the northern coast of Maui, Hawaii, as a National Seashore, National Historical Park, National Recreation Area, National Monument, National Preserve, or other unit of the National Park System.
(2)Study areaThe study area shall include the following parcels:
(A)Property 1, approximately 43 acres (TMK II 3–8-01, parcel 72) stretching from Kelaakai Place in Sprecklesville to the western boundary of H.P. Baldwin Beach Park Road in Paia, and includes natural sand dunes, coastal beaches, and wetlands.
(B)Property 2, approximately 17 acres known as H.P. Baldwin Park comprises TMK II 2–5-05, parcel 47 (4.6 acres) and parcel 46 (12.5 acres).
(C)Property 3, approximately 4.5 acres of coastal lands stretching from the eastern border of H. P. Baldwin Park to the Maui Youth and Cultural Center known as TMK II 2–6-01, parcel 1 (3.517 acres) and parcel 4 (1.08 acres).
(D)Property 4, approximately 32 acres known as TMK II 2–5-05; parcel 17.
(E)Property 5, approximately 5.7 acres known as Lime Kiln Beach (TMK II 2–5-05, parcel 14).
(F)Property 6, approximately 26 acres known as Stable Road Beach (TMK II 3–8-01, parcel 3).
(3)Applicability of Other LawParagraphs (2) and (3) of section 8(c) of Public Law 91–383 (16 U.S.C. 1a–5(c)(2) and (3)); commonly known as the National Park System General Authorities Act) shall apply to the study.
(c)ReportNot later than 18 months after funds are made available for this section, the Secretary of the Interior shall transmit to the Committee on Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report containing the conclusions of the study required by subsection (b).


114 HR 708 IH: BOTS Act
U.S. House of Representatives
2015-02-04
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
		114th CONGRESS
		1st Session
		H. R. 708
		IN THE HOUSE OF REPRESENTATIVES

			February 4, 2015
			Mrs. Blackburn (for herself, Mr. Cohen, Mr. Cooper, and Mr. DesJarlais) introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committee on Energy and Commerce, 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 concerned

		A BILL
		To prohibit, as an unfair and deceptive act or practice in commerce, the sale or use of certain
			 software to circumvent control measures used by Internet ticket sellers to
			 ensure equitable consumer access to tickets for any given event, and to
			 provide for criminal penalties for such acts.

 1.Short titleThis Act may be cited as the Better On-line Ticket Sales Act of 2014 or the BOTS Act. 2.Unfair and deceptive acts and practices relating to use of ticket access circumvention software (a)Conduct prohibitedIt shall be unlawful for any person—
 (1)to intentionally use or sell software to circumvent a security measure, access control system, or other control or measure on a ticket seller’s Internet website that is used by the seller to ensure equitable consumer access to tickets for any given event; or
 (2)to sell any ticket in interstate commerce knowingly obtained by that person or another in violation of paragraph (1).
 (b)Federal Trade Commission EnforcementA violation of subsection (a) shall be treated as a violation of a rule defining an unfair or deceptive act or practice prescribed under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)). The Federal Trade Commission shall enforce this section in the same manner, by the same means, and with the same jurisdiction as though all applicable terms and provisions of the Federal Trade Commission Act were incorporated into and made a part of this Act.
 3.Civil actionAny person who suffers injury as a result of another person’s violation of subsection (a) of section 2, may bring a civil action against such person in a United States district court and may recover from such person damages for such injury plus $1,000 for each distinct use or sale of software in violation of paragraph (1) of such subsection or sale of a ticket in violation of paragraph (2) of such subsection that caused such injury, and reasonable attorneys’ fees and costs.
 4.Fraud in using or selling ticket access circumvention softwareChapter 47 of title 18, United States Code, is amended by adding at the end the following new section:

				1041.Fraud in using or selling ticket access circumvention software
 (a)Whoever— (1)intentionally uses or sells software to circumvent a security measure, access control system, or other control or measure on a ticket seller’s Internet website that is used by the seller to ensure equitable consumer access to tickets for any given event, or
 (2)sells any ticket in interstate commerce knowingly obtained by that person or another in violation of paragraph (1),shall be punished as provided in subsection (b).(b)The punishment for an offense under subsection (a) shall be punished by a fine of the greater of— (1)not more than $100 for each distinct use or sale of software in violation of paragraph (1) of subsection (a) or sale of a ticket in violation of paragraph (2) of such subsection, or
 (2)not more than $25,000,or by imprisonment for not more than five years, or by both such fine and imprisonment..


114 S2679 IS: Helping Veterans Exposed to Burn Pits Act
U.S. Senate
2016-03-15
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.

II114th CONGRESS2d SessionS. 2679IN THE SENATE OF THE UNITED STATESMarch 15, 2016Ms. Klobuchar (for herself and Mr. Tillis) introduced the following bill; which was read twice and referred to the Committee on Veterans' AffairsA BILLTo amend title 38, United States Code, to direct the Secretary of Veterans Affairs to establish
			 within the
			 Department of Veterans Affairs a center of excellence in the prevention,
			 diagnosis, mitigation, treatment, and rehabilitation of health conditions
			 relating to exposure to burn pits.

 1.Short titleThis Act may be cited as the Helping Veterans Exposed to Burn Pits Act. 2.Establishment of center of excellence in prevention, diagnosis, mitigation, treatment, and rehabilitation of health conditions relating to exposure to burn pits and other environmental exposures (a)In generalSubchapter II of chapter 73 of title 38, United States Code, is amended by adding at the end the following new section:

					7330B.Center of excellence in prevention, diagnosis, mitigation, treatment, and rehabilitation of health
			 conditions relating to exposure to burn pits and other environmental
			 exposures
 (a)Establishment(1)The Secretary shall establish within the Department a center of excellence in the prevention, diagnosis, mitigation, treatment, and rehabilitation of health conditions relating to exposure to burn pits and other environmental exposures to carry out the responsibilities specified in subsection (d).
 (2)The Secretary shall establish the center of excellence under paragraph (1) through the use of— (A)the directives and policies of the Department in effect as of the date of the enactment of the Helping Veterans Exposed to Burn Pits Act;
 (B)the recommendations of the Comptroller General of the United States and Inspector General of the Department in effect as of such date; and
 (C)guidance issued by the Secretary of Defense under section 313 of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239; 10 U.S.C. 1074 note).
 (b)Selection of siteIn selecting the site for the center of excellence established under subsection (a), the Secretary shall consider entities that—
 (1)are equipped with the specialized equipment needed to study, diagnose, and treat health conditions relating to exposure to burn pits and other environmental exposures;
 (2)have a track record of publishing information relating to post-deployment health exposures among veterans who served in the Armed Forces in support of Operation Iraqi Freedom and Operation Enduring Freedom;
 (3)have collaborated with a geosciences department that has a medical geology division; (4)have developed animal models and in vitro models of dust immunology and lung injury consistent with the injuries of members of the Armed Forces who served in support of Operation Iraqi Freedom and Operation Enduring Freedom; and
 (5)have expertise in allergy and immunology, pulmonary diseases, and industrial and management engineering.
 (c)CollaborationThe Secretary shall ensure that the center of excellence collaborates, to the maximum extent practicable, with the Secretary of Defense, institutions of higher education, and other appropriate public and private entities (including international entities) to carry out the responsibilities specified in subsection (d).
 (d)ResponsibilitiesThe center of excellence shall have the following responsibilities: (1)To provide for the development, testing, and dissemination within the Department of best practices for the treatment of health conditions relating to exposure to burn pits and other environmental exposures.
 (2)To provide guidance for the health systems of the Department and the Department of Defense in determining the personnel required to provide quality health care for members of the Armed Forces and veterans with health conditions relating to exposure to burn pits and other environmental exposures.
 (3)To establish, implement, and oversee a comprehensive program to train health professionals of the Department and the Department of Defense in the treatment of health conditions relating to exposure to burn pits and other environmental exposures.
 (4)To facilitate advancements in the study of the short-term and long-term effects of exposure to burn pits and other environmental exposures.
 (5)To disseminate within medical facilities of the Department best practices for training health professionals with respect to health conditions relating to exposure to burn pits and other environmental exposures.
 (6)To conduct basic science and translational research on health conditions relating to exposure to burn pits and other environmental exposures for the purposes of understanding the etiology of such conditions and developing preventive interventions and new treatments.
 (7)To provide medical treatment to all veterans identified as part of the open burn pit registry established under section 201 of the Dignified Burial and Other Veterans' Benefits Improvement Act of 2012 (Public Law 112–260; 38 U.S.C. 527 note).
 (e)Use of burn pits registry dataIn carrying out its responsibilities under subsection (d), the center shall have access to and make use of the data accumulated by the burn pits registry established under section 201 of the Dignified Burial and Other Veterans' Benefits Improvement Act of 2012 (Public Law 112–260; 38 U.S.C. 527 note).
 (f)DefinitionsIn this section: (1)The term burn pit means an area of land located in Afghanistan or Iraq that—
 (A)is designated by the Secretary of Defense to be used for disposing solid waste by burning in the outdoor air; and
 (B)does not contain a commercially manufactured incinerator or other equipment specifically designed and manufactured for the burning of solid waste.
 (2)The term other environmental exposures means exposure to environmental hazards, including burn pits, dust or sand, hazardous materials, and waste at any site in Afghanistan or Iraq that emits smoke containing pollutants present in the environment or smoke from fires or explosions.
 (g)Authorization of appropriationsThere is authorized to be appropriated to carry out this section $30,000,000 for each of the first five fiscal years beginning after the date of the enactment of the Helping Veterans Exposed to Burn Pits Act..
 (b)Clerical amendmentThe table of sections at the beginning of chapter 73 of such title is amended by inserting after the item relating to section 7330A the following new item:
				7330B. Center of excellence in prevention, diagnosis, mitigation, treatment, and rehabilitation of
			 health conditions relating to exposure to burn pits and other
			 environmental exposures..


110 HR 6470 IH: River Raisin National Battlefield Act
U.S. House of Representatives
2008-07-10
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
110th CONGRESS
2d Session
H. R. 6470
IN THE HOUSE OF REPRESENTATIVES

July 10, 2008
Mr. Dingell introduced the following bill; which was referred to the Committee on Natural Resources

A BILL
To provide for the designation of certain sites in Monroe County and Wayne County, Michigan, relating to the Battles of the River Raisin during the War of 1812 as a unit of the National Park System.

1.Short titleThis Act may be cited as the River Raisin National Battlefield Act.
2.FindingsCongress finds the following:
(1)The War of 1812, often referred to as America’s Second War of Independence, was a significant event in the development of the United States in that the war helped forge a national identity for the country, retained and solidified the northern border with Canada, and finally settled any question of the permanence of American sovereignty.
(2)In section 603 of division I of the Omnibus Parks and Public Lands Management Act of 1996 (Public Law 104–333; 110 Stat. 4172), Congress expressed its concern that the historical integrity of many Revolutionary War sites and War of 1812 sites is at risk.
(3)The River Raisin Battlefield is the site of a major engagement of the War of 1812, and the battles and subsequent massacre at the River Raisin were some of the most significant military events of the entire war.
(4)Out of the nearly 1,000 American Regulars and Militia who participated in the battle, only 33 escaped death or capture, including some 65 defenseless prisoners who were killed or burned alive the day after the second battle.
(5)The defeat of the Americans at Frenchtown, now Monroe, Michigan, the subsequent massacre, and the burning of the settlement was described by General William Henry Harrison as a national calamity, and the outrage stemming from this catastrophe aided recruitment efforts for the successful American campaign in the Spring of 1813.
(6)Soldiers passing through the ashes of Frenchtown the following summer on march to Canada were so moved by the tragic scene that they were spurred on to victory at the Battle of the Thames, where they shouted the emotional battle cry, “Remember the Raisin!”.
(7)The events at the River Raisin remain a significant moment in United States history and the battlefield where so many Americans paid the ultimate sacrifice for the defense of the United States deserves the highest degree of Federal protection and interpretation.
2.River Raisin National Battlefield Park, Monroe and Wayne Counties, Michigan
(a)Acquisition of sites relating to Battles of the River RaisinIf offered by Monroe County or Wayne County, Michigan, or other willing landowners in either County, the Secretary of the Interior shall accept on behalf of the United States the donation of real property in either County relating to the Battles of the River Raisin on January 18 and 22, 1813, and their aftermath.
(b)Designation of acquired property as National Battlefield ParkUpon the acquisition of real property under subsection (a) of sufficient acreage to permit efficient administration, the Secretary shall designate the acquired real property as a unit of the National Park System to be known as the River Raisin National Battlefield Park.
(c)ReportNot later than three years after the date of the enactment of this Act, the Secretary shall submit to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report containing a description of the progress made in acquiring real property under subsection (a) and in designating the River Raisin National Battlefield Park.


		I
		111th CONGRESS
		2d Session
		H. R. 5518
		IN THE HOUSE OF REPRESENTATIVES

			June 10, 2010
			Ms. Titus (for
			 herself, Mr. Heller,
			 Mr. Franks of Arizona,
			 Ms. Giffords, and
			 Ms. Berkley) 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 the
		  energy investment tax credit and the credit for residential energy efficient
		  property with respect to natural gas heat pumps.

		1.Short titleThis Act may be cited as the
			 Energy Efficient Heat Pump Tax Parity Act of
			 2010.
		2.Energy credit for
			 natural gas heat pumps
			(a)In
			 generalSubparagraph (A) of
			 section 48(a)(3) of the Internal Revenue Code of 1986 is amended by striking
			 or at the end of clause (vi), by inserting or at
			 the end of clause (vii), and by adding at the end the following new
			 clause:

					(viii)equipment which uses natural gas to heat
				and cool a structure, but only with respect to periods ending before January 1,
				2017,
					.
			(b)Effective
			 dateThe amendments made by
			 this section shall apply to periods after the date of the enactment of this
			 Act, in taxable years ending after such date, under rules similar to the rules
			 of section 48(m) of the Internal Revenue Code of 1986 (as in effect on the day
			 before the date of the enactment of the Revenue Reconciliation Act of
			 1990).
			3.Credit for
			 residential energy efficient property
			(a)In
			 generalSubsection (a) of
			 section 25D of the Internal Revenue Code of 1986 is amended by striking
			 and at the end of paragraph (4), by striking the period at the
			 end of paragraph (5) and inserting , and, and by adding at the
			 end the following new paragraph:

					(6)30 percent of the qualified natural gas
				heat pump property expenditures made by the taxpayer during such
				year.
					.
			(b)Qualified
			 natural gas heat pump property expendituresSubsection (d) of section 25D of such Code
			 is amended by adding at the end the following new paragraph:

					(5)Qualified
				natural gas heat pump property expenditures
						(A)In
				generalThe term
				qualified natural gas heat pump property expenditure means an
				expenditure for qualified natural gas heat pump property installed on or in
				connection with a dwelling unit located in the United States and used as a
				residence by the taxpayer.
						(B)Qualified
				natural gas heat pump propertyThe term qualified natural
				gas heat pump property means any equipment which—
							(i)uses natural gas
				as an energy source to heat and cool a dwelling unit referred to in
				subparagraph (A), and
							(ii)has a coefficient of performance in heating
				of at least 1.4 at 47 degrees Fahrenheit and a coefficient of performance in
				cooling of at least 1.2 at 95 degrees
				Fahrenheit.
							.
			(c)Effective
			 dateThe amendments made by
			 this section shall apply to taxable years beginning after December 31, 2010.


114 S2391 IS: American Clean Energy Investment Act of 2015
U.S. Senate
2015-12-10
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.

		II
		114th CONGRESS1st Session
		S. 2391
		IN THE SENATE OF THE UNITED STATES

			December 10, 2015
			Mr. Sanders (for himself, Mr. Markey, and Mr. Merkley) introduced the following bill; which was read twice and referred to the Committee on Finance

		A BILL
		To amend the Internal Revenue Code of 1986 to permanently extend certain energy tax provisions.

		1.Short title; table of contents
			(a)Short title
 This Act may be cited as the American Clean Energy Investment Act of 2015.
 (b)Table of contentsThe table of contents of this Act is as follows:Sec. 1. Short title; table of contents. TITLE I—Reducing carbon pollution and creating jobs by transitioning to sustainable energy sources Sec. 101. Permanent extension and modification of credits with respect to facilities producing energy from certain renewable resources. Sec. 102. Permanent extension and modification of energy credit. Sec. 103. Permanent extension of qualifying advanced energy project credit. Sec. 104. Promoting access to renewable energy and energy efficiency for tax-exempt organizations. TITLE II—Saving consumers and businesses money by promoting energy efficiency Sec. 201. Permanent extension of energy efficient commercial buildings deduction. Sec. 202. Permanent extension of new energy efficient home credit. Sec. 203. Permanent extension and refundability of credit for nonbusiness energy property. Sec. 204. Permanent extension, modification, and refundability of credit for residential energy efficient property. TITLE III—Helping Americans move beyond oil Sec. 301. Permanent extension, increase, and refundability of credit for qualified new plug in electric drive motor vehicles. Sec. 302. Permanent extension of credit for hybrid medium- and heavy-duty trucks. Sec. 303. Extension of second generation biofuel producer credit. Sec. 304. Extension of incentives for biodiesel and renewable diesel. Sec. 305. Extension of special allowance for second generation biofuel plant property. Sec. 306. Extension and modification of the alternative fuel vehicle refueling property credit. Sec. 307. Permanent extension of parity of exclusion from income for employer-provided mass transit and parking benefits.  IReducing carbon pollution and creating jobs by transitioning to sustainable energy sources 101.Permanent extension and modification of credits with respect to facilities producing energy from certain renewable resources (a)Extension for qualified facilities other than biomass facilitiesSection 45(d) of the Internal Revenue Code of 1986 is amended—
 (1)in paragraph (1), by striking , and the construction of which begins before January 1, 2015, (2)in paragraph (4), by striking and which and all that follows through the period and inserting the following: and, in the case of a facility using solar energy, which is placed in service before January 1, 2006.,
 (3)in paragraph (6), by striking and the construction of which begins before January 1, 2015, (4)in paragraph (7), by striking and the construction of which begins before January 1, 2015,
 (5)in paragraph (9)(A)— (A)in clause (i), by striking and before January 1, 2015, and
 (B)in clause (ii), by striking and the construction of which begins before January 1, 2015, and (6)in paragraph (11)(B), by striking and the construction of which begins before January 1, 2015.
					(b)Extension of election To treat qualified facilities other than biomass facilities as energy
			 property
 (1)In generalClause (ii) of section 48(a)(5)(C) of the Internal Revenue Code of 1986 is amended by striking and the construction of which begins before January 1, 2015. (2)Exclusion of biomass facilitiesClause (i) of section 48(a)(5)(C) is amended by striking (2), (3),.
 (c)Limitation on credit for wind facilitiesSection 45(b) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph:

						(5)Limitation for wind facilities
 (A)In generalIn the case of any qualified facility described in subsection (d)(1) the construction of which begins after calendar year after 2021, subsection (a) shall be applied by substituting the applicable amount for 1.5 cents.
 (B)Applicable amountFor purposes of subparagraph (A), the applicable amount shall be determined as follows:In the case of a facility the construction of which begins—The applicable amount is—in 20222.0 centsin 20231.7 centsin 20241.4 centsafter 20241.1 cents.
 (C)Inflation adjustmentThe applicable amount determined under subparagraph (B) for any facility shall be adjusted by the inflation adjustment factor for the calendar year in which the sale occurs. If any amount as increased under the preceding sentence is not a multiple of 0.1 cent, such amount shall be rounded to the nearest multiple of 0.1 cent..
 (d)Effective datesThe amendments made by this section shall take effect on January 1, 2015. 102.Permanent extension and modification of energy credit (a)In generalSection 48 of the Internal Revenue Code of 1986 is amended—
 (1)in subsection (a)— (A)in paragraph (2)(A)(i)(II), by striking but only with respect to periods ending before January 1, 2017, and
 (B)in paragraph (3)(A)— (i)in clause (ii), by striking but only with respect to periods ending before January 1, 2017, and
 (ii)in clause (vii), by striking , but only with respect to periods ending before January 1, 2017, and (2)in subsection (c)—
 (A)in paragraph (1), by striking subparagraph (D), (B)in paragraph (2), by striking subparagraph (D),
 (C)in paragraph (3)(A), by inserting and at the end of clause (ii), by striking , and at the end of clause (iii) and inserting a period, and by striking clause (iv), and (D)in paragraph (4), by striking subparagraph (C).
						(b)Extension of 30-Percent investment credit for offshore wind energy
			 facilities
					(1)In general
						(A)In
 generalClause (i) of section 48(a)(2)(A) of the Internal Revenue Code of 1986 is amended by striking and at the end of subclause (IV) and by adding at the end the following new subclause:

 (V)qualified offshore wind energy property, and
								.
						(B)Qualified
 offshore wind energy property definedSubsection (c) of section 48 of such Code is amended by adding at the end the following new paragraph:

								(5)Qualified
				offshore wind energy property
									(A)In
 generalThe term qualified offshore wind energy property means property which is part of a qualified offshore wind facility.
 (B)Qualified offshore wind facilityFor purposes of subparagraph (A), the term qualified offshore wind facility means any facility which— (i)uses wind to generate electricity, and
 (ii)is located in— (I)the inland navigable waters of the United States, including the Great Lakes, or
 (II)the coastal waters of the United States, including the territorial seas of the United States, the exclusive economic zone of the United States, and the outer Continental Shelf of the United States.
											.
						(C)Conforming
 amendmentSubparagraph (A) of section 48(a)(3) of such Code is amended by striking or at the end of clause (vi), by inserting or at the end of clause (vii), and by adding at the end the following new clause:

 (viii)qualified offshore wind energy property,
								.
 (D)Coordination with credit for other wind facilitiesSection 48(a)(5)(C) of such Code is amended by adding at the end the following new sentence: Such term shall not include any facility which is a qualified offshore wind facility (as defined in subsection (c)(5)). (c)Limitation on credit for onshore wind facilitiesParagraph (5) of section 48(a) of the Internal Revenue Code of 1986 is amended by inserting at the end the following new subparagraph:

 (E)Limitation for onshore wind facilitiesIn the case of a qualified investment credit facility described in section 45(d)(1), the credit otherwise determined under the section with respect to qualified property which is part of such facility shall not exceed an amount equal to $200 for each kilowatt hour of capacity of such facility..
				(d)Effective
 dateThe amendments made by this section shall apply to periods after December 31, 2015, under rules similar to the rules of section 48(m) of the Internal Revenue Code of 1986 (as in effect on the day before the date of the enactment of the Revenue Reconciliation Act of 1990).
				103.Permanent extension of qualifying advanced energy project credit
 (a)In generalSection 48C(d)(1)(B) of the Internal Revenue Code of 1986 is amended— (1)by inserting in any calendar year after allocated under the program, and
 (2)by striking $2,300,000,000 and inserting $1,000,000,000. (b)Conforming amendments (1)Section 48C(d)(2)(A) of such Code is amended by striking during the 2-year period beginning on the date the Secretary establishes the program under paragraph (1).
 (2)Section 48C(d)(4) of such Code is amended by striking subparagraphs (A) and (B) and inserting the following:

 (A)ReviewNot later than 4 years after the close of any calendar year for which allocations were made under this section, the Secretary shall review the credits allocated under this section for such calendar year.
 (B)RedistributionThe Secretary may reallocate credits awarded under this section for a calendar year if the Secretary determines that any certification made pursuant to paragraph (2) has been revoked pursuant to paragraph (2)(B) because the project subject to the certification has been delayed as a result of third-party opposition or litigation to the proposed project..
 (3)Section 48C(d)(4)(C) of such Code is amended by striking the Secretary is authorized to conduct an additional program for applications for certification and inserting notwithstanding paragraph (2)(A), the Secretary is authorized to accept additional applications for certification with respect to such amounts..
					104.Promoting access to renewable energy and energy efficiency for tax-exempt organizations
 (a)In generalUpon application, the Secretary of the Treasury shall, subject to the requirements of this section, provide a grant to each eligible entity who places in service specified energy property to reimburse such person for a portion of the expense of such property as provided in subsection (b). No grant shall be made under this section with respect to any property unless such property is placed in service after 2015.
				(b)Grant Amount
 (1)In generalThe amount of the grant under subsection (a) with respect to any specified energy property shall be the applicable percentage of the basis of such property.
 (2)Applicable percentageFor purposes of paragraph (1), the term applicable percentage means— (A)30 percent in the case of any property described in paragraphs (1) through (4) of subsection (d), and
 (B)10 percent in the case of any other property. (3)Dollar limitationsIn the case of property described in paragraph (1), (2), (6), or (7) of subsection (d), the amount of any grant under this section with respect to such property shall not exceed the limitation described in section 48(a)(5)(E), 48(c)(1)(B), 48(c)(2)(B), or 48(c)(3)(B) of the Internal Revenue Code of 1986, respectively, with respect to such property.
 (c)Time for Payment of GrantThe Secretary of the Treasury shall make payment of any grant under subsection (a) during the 60-day period beginning on the later of—
 (1)the date of the application for such grant, or (2)the date the specified energy property for which the grant is being made is placed in service.
 (d)Specified Energy PropertyFor purposes of this section, the term specified energy property means any of the following: (1)Qualified facilitiesAny qualified property (as defined in section 48(a)(5)(D) of the Internal Revenue Code of 1986) which is part of a qualified facility (within the meaning of section 45 of such Code) described in paragraph (1), (2), (3), (4), (6), (7), (9), or (11) of section 45(d) of such Code.
 (2)Qualified fuel cell propertyAny qualified fuel cell property (as defined in section 48(c)(1) of such Code). (3)Solar propertyAny property described in clause (i) or (ii) of section 48(a)(3)(A) of such Code.
 (4)Qualified small wind energy propertyAny qualified small wind energy property (as defined in section 48(c)(4) of such Code). (5)Geothermal propertyAny property described in clause (iii) of section 48(a)(3)(A) of such Code.
 (6)Qualified microturbine propertyAny qualified microturbine property (as defined in section 48(c)(2) of such Code). (7)Combined heat and power system propertyAny combined heat and power system property (as defined in section 48(c)(3) of such Code).
 (8)Geothermal heat pump propertyAny property described in clause (vii) of section 48(a)(3)(A) of such Code. Such term shall not include any property unless depreciation (or amortization in lieu of depreciation) is allowable with respect to such property.(e)Application of certain rulesIn making grants under this section, the Secretary of the Treasury shall apply rules similar to the rules of section 50 of the Internal Revenue Code of 1986 (other than subsection (b)(3) thereof). In applying such rules, if the property is disposed of, or otherwise ceases to be specified energy property, the Secretary of the Treasury shall provide for the recapture of the appropriate percentage of the grant amount in such manner as the Secretary of the Treasury determines appropriate.
 (f)Eligible entityFor purposes of this section, the term eligible entity means any organization described in section 501(c) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code.
 (g)DefinitionsTerms used in this section which are also used in section 45 or 48 of the Internal Revenue Code of 1986 shall have the same meaning for purposes of this section as when used in such section 45 or 48. Any reference in this section to the Secretary of the Treasury shall be treated as including the Secretary's delegate.
 (h)AppropriationsThere is hereby appropriated to the Secretary of the Treasury such sums as may be necessary to carry out this section.
				IISaving consumers and businesses money by promoting energy efficiency
			201.Permanent extension of energy efficient commercial buildings deduction
 (a)In generalSection 179D of the Internal Revenue Code of 1986 is amended by striking subsection (h). (b)Update of standard (1)In generalSection 179D of the Internal Revenue Code of 1986 is amended by striking Standard 90.1-2001 each place it appears and inserting the applicable ASHRAE standard.
 (2)Applicable ASHRAE standardSection 179D(c)(2) of such Code is amended to read as follows:  (2)Applicable ASHRAE standardThe term applicable ASHRAE standard means—
 (A)Standard 90.1–2013 of the American Society of Heating, Refrigerating, and Air Conditioning Engineers and the Illuminating Engineering Society of North America, or
 (B)in the case of any subsequent standard adopted by the American Society of Heating, Refrigerating, and Air Conditioning Engineers which supersedes the standard described in subparagraph (A), such subsequent standard..
 (c)Effective dateThe amendments made by this section shall apply to property placed in service after December 31, 2014.
				202.Permanent extension of new energy efficient home credit
 (a)In generalSection 45L of the Internal Revenue Code of 1986 is amended by striking subsection (g). (b)Update of standard (1)In generalSection 45L of the Internal Revenue Code of 1986 is amended by striking the standards of chapter 4 of the 2006 International Energy Conservation Code, as such Code (including supplements) is in effect on January 1, 2006 each place it appears and inserting the applicable standards.
 (2)Applicable standardsSection 45L of such Code, as amended by subsection (a), is amended by adding at the end the following new subsection:

 (h)Applicable standardsFor purposes of this section, the term applicable standards means, with respect to any dwelling unit, the standards in effect for residential building energy efficiency under the International Energy Conservation Code on the first day of the taxable year in which construction for the dwelling unit commenced..
 (c)Effective dateThe amendments made by this section shall apply to homes acquired after December 31, 2014. 203.Permanent extension and refundability of credit for nonbusiness energy property (a)Permanent extensionSection 25C of the Internal Revenue Code of 1986 is amended by striking subsection (g).
				(b)Update of standards
					(1)Qualified energy efficiency improvements
 (A)In generalSection 25C(c)(1) of the Internal Revenue Code of 1986 is amended by striking the prescriptive criteria for such component established by the 2009 International Energy Conservation Code, as such Code (including supplements) is in effect on the date of the enactment of the American Recovery and Reinvestment Tax Act of 2009 and inserting the applicable IECC standards.
 (B)Applicable IECC standardsSection 25C(c) of such Code is amended by adding at the end the following new paragraph:  (4)Applicable IECC standardsFor purposes of this section, the term applicable IECC standards means, with respect to any building envelope component, the prescriptive criteria for such component in effect under the International Energy Conservation Code on the first day of the taxable year for which the credit is allowed..
						(2)Energy efficient property
						(A)Heat pumps and air conditioners
 (i)In generalSection 25C(d)(3) of the Internal Revenue Code of 1986 is amended by striking the Consortium for Energy Efficiency, as in effect on January 1, 2009 each place it appears and inserting the applicable CEE standards. (ii)Applicable CEE standardsSection 25C(d) of such Code is amended by adding at the end the following new paragraph:

 (7)Applicable CEE standardsFor purposes of this section, the term applicable CEE standards means, with respect to any property, the standards established by the Consortium for Energy Efficiency that are in effect for such property on the first day of the taxable year for which the credit is allowed..
 (B)Other energy efficient building propertyParagraph (3) of section 25C(d) of such Code is amended— (i)in subparagraph (A), by inserting and meets Energy Star program certification requirements as of the first day of the taxable year in which the property placed in service after procedure,
 (ii)in subparagraph (C), by inserting and meets Energy Star program certification requirements as of the first day of the taxable year in which the property placed in service after 90 percent, and
 (iii)in subparagraph (E)— (I)by striking and which and inserting which, and
 (II)by inserting , and which meets Energy Star program certification requirements as of the first day of the taxable year in which the property placed in service after 75 percent.
 (C)Furnaces and hot water boilersParagraph (4) of section 25C(d) of such Code is amended by inserting and meets Energy Star program certification requirements as of the first day of the taxable year in which the property placed in service after 95.
 (D)Advanced main air circulating fansParagraph (5) of section 25C(d) of such Code is amended— (i)by striking and which and inserting , which, and
 (ii)by inserting , and which meets Energy Star program certification requirements as of the first day of the taxable year in which the property placed in service after test procedures).
							(c)Credit made refundable
 (1)Credit moved to subpart relating to refundable creditsThe Internal Revenue Code of 1986 is amended— (A)by redesignating section 25C as section 36C, and
 (B)by moving section 36C (as amended by subsections (a) and (b) and as redesignated by subparagraph (A)) from subpart A of part IV of subchapter A of chapter 1 to the location immediately before section 37 in subpart C of part IV of subchapter A of chapter 1.
						(2)Conforming amendments
 (A)Section 1016(a)(33) of such Code is amended— (i)by striking section 25C(f) and inserting section 36C(f), and
 (ii)by striking under section 25C and inserting under section 36C. (B)The table of sections for subpart A of part IV of subchapter A of chapter 1 of such Code is amended by striking the item relating to section 25C.
 (C)Paragraph (2) of section 1324(b) of title 31, United States Code, is amended by inserting 36C, after 36B,. (D)The table of sections for subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to section 36B the following new item:
							36C. Nonbusiness energy property..
 (d)Effective dateThe amendments made by this section shall apply to property placed in service after December 31, 2014.
				204.Permanent extension, modification, and refundability of credit for residential energy efficient
			 property
 (a)Permanent extensionSection 25D of the Internal Revenue Code of 1986 is amended by striking subsection (g). (b)Credit allowed for energy storage property (1)In generalSection 25D(a) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph:

 (6)30 percent of the qualified energy storage property expenditures made by the taxpayer during the taxable year.
							.
 (2)Qualified energy storage property expendituresSection 25D(d) of such Code is amended by adding at the end the following new paragraph:  (6)Qualified energy storage property expenditureThe term qualified energy storage property expenditure means an expenditure for property—
 (A)which is— (i)located in a dwelling unit located in the United States and used by the taxpayer as a residence,
 (ii)directly connected to the electrical grid, and (iii)designed to receive electrical energy, to store such energy, and—
 (I)to convert such energy to electricity and deliver such electricity for sale, or (II)to use such energy to provide improved reliability or economic benefits to the grid, or
 (B)which is— (i)part of a dwelling unit located in the United States which is—
 (I)connected to the electrical grid, and (II)used by the taxpayer as a residence,
 (ii)connected to— (I)qualified solar electric property, or
 (II)qualified small wind energy property, and (iii)designed to receive electrical energy, store such energy, and to convert such energy to electricity for use by the taxpayer..
					(c)Credit allowed for biomass fuel property
 (1)In generalSection 25D(a) of the Internal Revenue Code of 1986, as amended by subsection (b), is amended by adding at the end the following new paragraph:

 (7)30 percent of the qualified biomass fuel property expenditures made by the taxpayer during the taxable year.
							.
 (2)Qualified energy storage property expendituresSection 25D(d) of such Code, as amended by subsection (b), is amended by adding at the end the following new paragraph:

							(7)Qualified biomass fuel property expenditure
 (A)In generalThe term qualified biomass fuel property expenditure means an expenditure for property— (i)which uses the burning of biomass fuel to heat a dwelling unit located in the United States and used as a residence by the taxpayer, or to heat water for use in such a dwelling unit, and
 (ii)which has a thermal efficiency rating of at least 75 percent (measured by the higher heating value of the fuel) and meets Energy Star program certification requirements as of the first day of the taxable year in which the property placed in service.
 (B)Biomass fuelFor purposes of this section, the term biomass fuel means any plant-derived fuel available on a renewable or recurring basis, including agricultural crops and trees, wood and wood waste and residues, plants (including aquatic plants), grasses, residues, and fibers. Such term includes densified biomass fuels such as wood pellets..
					(3)Coordination with credit for nonbusiness energy property
 (A)In generalSection 25D(e) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraphs:

 (9)No double benefitNo credit shall be allowed under this section with respect to any property which is described in subsection (d)(7)(A) and for which a credit is allowed under section 25C.
 (10)ElectionA taxpayer may elect not to have this section apply with respect to any expenditure described in subsection (a)..
 (B)Application of election to credit for nonbusiness energy propertySection 25C(e)(1) is amended by striking and (8) and inserting (8), and (10). (d)Credit made refundable (1)Credit moved to subpart relating to refundable creditsThe Internal Revenue Code of 1986 is amended—
 (A)by redesignating section 25D as section 36D, and (B)by moving section 36D (as amended by subsections (a) and (b) and as redesignated by subparagraph (A)) from subpart A of part IV of subchapter A of chapter 1 to the location immediately before section 37 in subpart C of part IV of subchapter A of chapter 1 (as amended by section 203).
						(2)Conforming amendments
 (A)Section 36C(e)(1) of the Internal Revenue Code of 1986 (as redesignated by section 8) is amended by striking 25D(e) and inserting 36D(e).
 (B)Section 45(d)(1) of such Code is amended by striking section 25D and inserting section 36D. (C)Section 1016(a)(34) of such Code is amended—
 (i)by striking section 25D(f) and inserting section 36D(f), and (ii)by striking under section 25D and inserting under section 36D.
 (D)The table of sections for subpart A of part IV of subchapter A of chapter 1 of such Code is amended by striking the item relating to section 25D.
 (E)Paragraph (2) of section 1324(b) of title 31, United States Code, as amended by this Act, is amended by inserting 36D, after 36C,.
 (F)The table of sections for subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986, as amended by this Act, is amended by inserting after the item relating to section 36C the following new item:
							36D. Residential energy efficient property..
 (e)Effective dateThe amendments made by this section shall apply to property placed in service after the date of the enactment of this Act.
				IIIHelping Americans move beyond oil
			301.Permanent extension, increase,	and refundability of credit for qualified new plug in electric
			 drive motor
			 vehicles
 (a)Repeal of phaseoutSection 30D of the Internal Revenue Code of 1986 is amended by striking subsection (e). (b)Extension for 2- and 3-Wheeled vehiclesSection 30D(g)(3)(E) of the Internal Revenue Code of 1986 is amended by striking and before January 1, 2014.
 (c)Increase in dollar limitation for battery capacityParagraph (3) of section 30D(b) of the Internal Revenue Code of 1986 is amended by striking $5,000 and inserting $7,500. (d)Personal credit made refundable (1)In generalSection 30D(c)(2) of the Internal Revenue Code of 1986 is amended by striking subpart A and inserting subpart C.
 (2)Technical amendmentParagraph (2) of section 1324(b) of title 31, United States Code, as amended by this Act, is amended by inserting 30D(c)(2), after 36D,.
 (e)Effective dateThe amendments made by this section shall apply to vehicles acquired after December 31, 2014. 302.Permanent extension of credit for hybrid medium- and heavy-duty trucks (a)In generalSection 30B(k) of the Internal Revenue Code of 1986 is amended—
 (1)by striking after in the matter before paragraph (1), (2)by inserting after before December each place it appears, and
 (3)in paragraph (3), by inserting and before the date of the enactment of the American Clean Energy Investment Act of 2015, after December 31, 2009,. (b)Effective dateThe amendments made by this section shall apply to property purchased after the date of the enactment of this Act.
				303.Extension of second generation biofuel producer credit
 (a)In generalClause (i) of section 40(b)(6)(J) of the Internal Revenue Code of 1986 is amended by striking January 1, 2015 and inserting January 1, 2023. (b)Effective dateThe amendment made by this subsection shall apply to qualified second generation biofuel production after December 31, 2014.
				304.Extension and reform of biodiesel tax
			 incentives
				(a)Income tax credit
					(1)Extension
 (A)Credits for biodiesel and renewable diesel used as fuelSubsection (g) of section 40A is amended by striking December 31, 2014 and inserting December 31, 2022. (B)Effective dateThe amendment made by this paragraph shall apply to fuel sold or used after December 31, 2014.
						(2)Reform of income tax credit
 (A)In generalSo much of section 40A as precedes subsection (c) is amended to read as follows:  40A.Biodiesel fuels credit (a)In generalFor purposes of section 38, in the case of an eligible taxpayer, the biodiesel fuels credit determined under this section for the taxable year is $1.00 for each gallon of biodiesel produced by the taxpayer which during the taxable year—
 (1)is sold by the producer of such biodiesel to another person—
 (A)for use by such other person’s trade or business as a fuel or in the production of a biodiesel mixture (other than casual off-farm production), or
 (B)who sells such biodiesel at retail to another person and places such biodiesel in the fuel tank of such other person, or
 (2)is used by such producer for any purpose described in paragraph (1).
										(b)Increased credit for small
				producers
 (1)In generalIn the case of any eligible small biodiesel producer, subsection (a) shall be applied by increasing the dollar amount contained therein by 10 cents.
 (2)LimitationParagraph (1) shall only apply with respect to the first 15,000,000 gallons of biodiesel produced by any eligible small biodiesel producer during any taxable year.
										.
 (B)Definitions and special rulesSection 40A(d) is amended by striking all that follows paragraph (1) and inserting the following:  (2)Eligible taxpayer (A)In generalThe term eligible taxpayer means, with respect to any gallon of biodiesel, the producer of such gallon if such producer has paid the tax imposed by section 4081 on such biodiesel.
 (B)Special rule for eligible discretionary blendersFor purposes of this section (other than subsection (b)), an eligible discretionary blender shall be treated as the producer of any gallon of biodiesel which is used to make a qualified biodiesel mixture if—
 (i)the producer of such biodiesel (determined without regard to this subparagraph)— (I)did not pay the tax imposed under section 4081 with respect to such gallon, and
 (II)assigns the credit allowed under this section to the eligible discretionary blender in such form and manner as provided by the Secretary, and
 (ii)such eligible discretionary blender pays the tax imposed under section 4081 with respect to such gallon.
										For purposes of the preceding sentence, an eligible discretionary blender shall be treated as
			 producing a gallon of biodiesel in the taxable year in which the sale or
 use of the qualified biodiesel mixture occurs.(C)Eligible discretionary blenderFor purposes of subparagraph (B), the term eligible discretionary blender means any person who— (i)is registered under section 4101 as a blender of qualified biodiesel mixtures, and
 (ii)has used 10,000,000 or more gallons of biodiesel in the production of qualified biodiesel mixtures in the preceding taxable year.
										(3)Biodiesel mixture; qualified biodiesel mixture
 (A)Biodiesel mixtureThe term biodiesel mixture means a mixture consists of biodiesel and diesel fuel (as defined in section 4083(a)(3)), determined without regard to any use of kerosene.
									(B)Qualified biodiesel mixture
 (i)In generalThe term qualified biodiesel mixture means a biodiesel mixture which is produced by an eligible discretionary blender and— (I)sold by such eligible discretionary blender to any person for use as a fuel, or
 (II)used by such eligible discretionary blender as a fuel. (ii)Sale or use must be in trade or business, etcA biodiesel mixture shall not be treated as a qualified biodiesel mixture unless the sale or use described in clause (i) is in a trade or business of the eligible discretionary blender.
										(4)Biodiesel not used for a qualified
 purposeIf— (A)any credit was determined with respect to any biodiesel under this section, and
 (B)any person uses such biodiesel for a purpose not described in subsection (a),
									then there is hereby imposed on such
				person a tax equal to the product of the rate applicable under
			 subsection (a)
 and the number of gallons of such biodiesel.(5)Pass-thru in the case of estates and trustsUnder regulations prescribed by the Secretary, rules similar to the rules of subsection (d) of section 52 shall apply.
 (6)Limitation to biodiesel with connection to the united statesNo credit shall be determined under subsection (a) with respect to biodiesel unless such biodiesel is produced in the United States. For purposes of this paragraph, the term United States includes any possession of the United States..
						(C)Rules for small biodiesel producers
 (i)In generalSection 40A(e) is amended— (I)by striking agri-biodiesel each place it appears in paragraphs (1) and (5)(A) and inserting biodiesel,
 (II)by striking subsection (b)(4)(C) each place it appears in paragraphs (2) and (3) and inserting subsection (b)(2), and (III)by striking subsection (a)(3) each place it appears in paragraphs (5)(A), (6)(A)(i), and (6)(B)(i) and inserting subsection (b).
 (ii)The heading for subsection (e) of section 40A is amended by striking agri-biodiesel and inserting biodiesel. (iii)The headings for paragraphs (1) and (6) of section 40A(e) are each amended by striking agri-biodiesel and inserting biodiesel.
 (D)Conforming amendments related to renewable dieselSection 40A(f) is amended— (i)by striking Subsection (b)(4) and inserting Subsection (b), and
 (ii)by striking paragraph (4) and inserting the following:  (4)Certain aviation fuelExcept as provided in the last 3 sentences of paragraph (2), the term renewable diesel shall include fuel derived from biomass which meets the requirements of a Department of Defense specification for military jet fuel or an American Society for Testing and Materials specification for aviation turbine fuel..
 (E)Registration of eligible discretionary blendersSection 4101(a)(1) is amended— (i)by striking and before every person producing second generation biofuel, and
 (ii)by inserting , and every person producing qualified biodiesel mixtures (as defined in section 40A(d)(3)) after section 40(b)(6)(E)) in excess of 10,000,000 gallons per year. (F)Clerical amendmentThe table of sections for subpart D of part IV of subchapter A of chapter 1 is amended by striking the item relating to section 40A and inserting the following new item:

									Sec. 40A. Biodiesel
				fuels credit.
								.
 (G)Effective dateThe amendments made by this paragraph shall apply to fuel sold or used after December 31, 2015. (b)Excise tax incentives (1)Extension (A)In generalParagraph (6) of section 6426(c) is amended by striking December 31, 2014 and inserting December 31, 2022.
 (B)PaymentsSubparagraph (B) of section 6427(e)(6) is amended by striking December 31, 2014 and inserting December 31, 2022. (C)Effective dateThe amendments made by this paragraph shall apply to fuel sold or used after December 31, 2014.
 (D)Special rule for certain periods during 2015Notwithstanding any other provision of law, in the case of any biodiesel mixture credit properly determined under section 6426(c) of the Internal Revenue Code of 1986 for periods after December 31, 2014, and on or before the last day of the first calendar quarter ending after the date of the enactment of this Act, such credit shall be allowed, and any refund or payment attributable to such credit (including any payment under section 6427(e) of such Code) shall be made, only in such manner as the Secretary of the Treasury (or the Secretary’s delegate) shall provide. Such Secretary shall issue guidance within 30 days after the date of the enactment of this Act providing for a one-time submission of claims covering periods described in the preceding sentence. Such guidance shall provide for a 180-day period for the submission of such claims (in such manner as prescribed by such Secretary) to begin not later than 30 days after such guidance is issued. Such claims shall be paid by such Secretary not later than 60 days after receipt. If such Secretary has not paid pursuant to a claim filed under this subsection within 60 days after the date of the filing of such claim, the claim shall be paid with interest from such date determined by using the overpayment rate and method under section 6621 of such Code.
						(2)Reform of excise tax credit
 (A)In generalSubsection (c) of section 6426 is amended— (i)by striking all that precedes paragraph (6) and inserting the following:

									(c)Biodiesel production credit
 (1)In generalFor purposes of this section, in the case of an eligible taxpayer, the biodiesel production credit is $1.00 for each gallon of biodiesel produced by the taxpayer and which—
 (A)is sold by such producer to another person—
 (i)for use by such other person’s trade or business as a fuel or in the production of a biodiesel mixture (other than casual off-farm production), or
 (ii)who sells such biodiesel at retail to another person and places such biodiesel in the fuel tank of such other person, or
 (B)is used by such producer for any purpose described in subparagraph (A).
 (2)Special rule for eligible discretionary blendersFor purposes of this subsection and section 6427(e)(3), an eligible discretionary blender shall be treated as the producer of any gallon of biodiesel which is used to make a qualified biodiesel mixture if—
 (A)the producer of such biodiesel (determined without regard to this subparagraph)— (i)did not pay the tax imposed under section 4081 with respect to such gallon, and
 (ii)assigns the credit allowed under this section to the eligible discretionary blender in such form and manner as provided by the Secretary, and
 (B)such eligible discretionary blender pays the tax imposed under section 4081 with respect to such gallon.
											For purposes of the preceding sentence, an eligible discretionary blender shall not be treated as
			 producing a gallon of biodiesel before the date on  which the sale or use
 of the qualified biodiesel mixture occurs.(3)DefinitionsAny term used in this subsection which is also used in section 40A shall have the meaning given such term by section 40A.
										, and
 (ii)by redesignating paragraph (6), as amended by paragraph (1)(A), as paragraph (4). (B)Producer registration requirementSubsection (a) of section 6426 is amended by striking subsections (d) and (e) in the flush sentence at the end and inserting subsections (c), (d), and (e).
						(C)Recapture
 (i)In generalSubsection (f) of section 6426 is amended— (I)by striking or biodiesel each place it appears in subparagraphs (A) and (B)(i) of paragraph (1),
 (II)by striking or biodiesel mixture in paragraph (1)(A), and (III)by redesignating paragraph (2) as paragraph (3) and by inserting after paragraph (1) the following new paragraph:

 (2)BiodieselIf any credit was determined under this section or paid pursuant to section 6427(e) with respect to the production of any biodiesel and any person uses such biodiesel for a purpose not described in subsection (c)(1), then there is hereby imposed on such person a tax equal to $1.00 for each gallon of such biodiesel.
										.
								(ii)Conforming amendments
 (I)Paragraph (3) of section 6426(f), as redesignated by clause (i)(III), is amended by inserting or (2) after paragraph (1). (II)The heading for paragraph (1) of section 6426(f) is amended by striking Imposition of tax and inserting In general.
 (D)LimitationSection 6426(i) is amended— (i)in paragraph (2)—
 (I)by striking biodiesel or, and (II)by striking Biodiesel and in the heading, and
 (ii)by inserting after paragraph (2) the following new paragraph:  (3)BiodieselNo credit shall be determined under this section with respect to biodiesel unless such biodiesel is produced in the United States..
							(E)Clerical amendments
 (i)The heading of section 6426 is amended by striking alcohol fuel, biodiesel, and alternative fuel mixtures and inserting alcohol fuel mixtures, biodiesel production, and alternative fuel mixtures.
 (ii)The item relating to section 6426 in the table of sections for subchapter B of chapter 65 is amended by striking alcohol fuel, biodiesel, and alternative fuel mixtures and inserting alcohol fuel mixtures, biodiesel production, and alternative fuel mixtures.
 (F)Effective dateThe amendments made by this paragraph shall apply to fuel sold or used after December 31, 2015.
						(3)Reform of excise payments of credit
 (A)In generalSubsection (e) of section 6427, as amended by paragraph (1)(B), is amended— (i)by striking or the biodiesel mixture credit in paragraph (1),
 (ii)by redesignating paragraphs (3) through (6) as paragraphs (4) through (7), respectively, and by inserting after paragraph (2) the following new paragraph:

 (3)Biodiesel production creditIf any person produces biodiesel and sells or uses such biodiesel as provided in section 6426(c)(1), the Secretary shall pay (without interest) to such person an amount equal to the biodiesel production credit with respect to such biodiesel.
									,
 (iii)by striking paragraph (1) or (2) each place it appears in paragraphs (4) and (6), as redesignated by paragraph (2), and inserting paragraph (1), (2), or (3),
 (iv)by striking alternative fuel each place it appears in paragraphs (4) and (6), as redesignated by paragraph (2), and inserting fuel, and
 (v)by striking biodiesel mixture (as defined in section 6426(c)(3)) in paragraph (7)(B), as so redesignated, and inserting biodiesel (within the meaning of section 40A).
 (B)Effective dateThe amendments made by this paragraph shall apply to fuel sold or used after December 31, 2015.
						(c)Treatment of biodiesel as a taxable fuel
					(1)In general
 (A)Taxable fuel includes biodieselParagraph (1) of section 4083(a) is amended by striking and at the end of subparagraph (B), by striking the period at the end of subparagraph (C) and inserting , and, and by adding at the end the following new subparagraph:

 (D)biodiesel.. (B)Biodiesel definedSubsection (a) of section 4083 is amended by adding at the end the following new paragraph:

 (4)BiodieselThe term biodiesel has the meaning given such term under section 40A(d)(1), determined without regard to the last sentence thereof.
								.
						(2)Biodiesel production facilities treated as refineries
 (A)In generalSubsection (a) of section 4081 is amended by adding at the end the following new paragraph:

 (5)Biodiesel production facilities and blending facilities treated as refineriesFor purposes of this part— (A)any facility which is used to produce biodiesel, and
 (B)any biodiesel blending facility, shall be treated as a refinery with respect to biodiesel.. (B)Biodiesel blending facility definedSection 4083 is amended by adding at the end the following new subsection:

 (e)Biodiesel blending facilityFor purposes of this subpart, the term biodiesel blending facility means any facility that is operated by an eligible discretionary blender (as defined in section 40A(d)(2)(C))..
 (C)Bulk transfersSubparagraph (B) of section 4081(a)(1) is amended by adding at the end the following new clause:  (iii)Special rules for biodieselThe tax imposed by this paragraph shall not apply to the removal or entry of biodiesel to any refinery or terminal if the person removing or entering the biodiesel and the operator of the refinery or terminal are registered under section 4101..
 (3)Rate of taxSubparagraph (A)(iii) of section 4081(a)(2) is amended by striking diesel fuel or kerosene and inserting diesel fuel, kerosene, or biodiesel. (4)Exemptions (A)In generalSection 4082 is amended by striking diesel fuel and kerosene each place it appears in subsections (a), (c), and (g) and inserting diesel fuel, kerosene, and biodiesel.
 (B)Conforming amendmentSubparagraph (A) of section 4082(d)(1) is amended by inserting biodiesel, after diesel fuel,. (5)Other conforming amendments (A)The heading for paragraph (1) of section 4041(a) is amended by striking diesel fuel and kerosene and inserting diesel fuel, kerosene, and biodiesel.
 (B)Paragraph (2) of section 6416(b) is amended by striking diesel fuel or kerosene and inserting diesel fuel, kerosene, or biodiesel. (C)Section 6427(l) is amended—
 (i)by striking diesel fuel or kerosene each place it appears in paragraph (1) and (5)(A) and inserting diesel fuel, kerosene, or biodiesel, (ii)by striking diesel fuel and kerosene in the heading and inserting diesel fuel, kerosene, and biodiesel, and
 (iii)by striking diesel fuel or kerosene in the heading of paragraph (5) and inserting diesel fuel, kerosene, or biodiesel. (D)Section 6715(c)(1) is amended by striking diesel fuel or kerosene and inserting diesel fuel, kerosene, or biodiesel.
						(6)Effective
 dateThe amendments made by this subsection shall apply to biodiesel sold or used after December 31, 2015.
					305.Extension of special allowance for second generation biofuel plant
			 property
 (a)In generalSubparagraph (D) of section 168(l)(2) of the Internal Revenue Code of 1986 is amended to read as follows:

 (D)the construction of which begins before January 1, 2023.. (b)Effective dateThe amendment made by this section shall apply to property placed in service after December 31, 2014.
				306.Extension and modification of the alternative fuel vehicle refueling property credit
 (a)In generalSection 30C of the Internal Revenue Code of 1986 is amended— (1)by amending subsection (c) to read as follows:

 (c)Qualified alternative fuel vehicle refueling propertyFor purposes of this section, the term qualified alternative fuel vehicle refueling property means any of the following: (1)A pump or blender pump that is capable of dispensing a fuel mixture that is at least 50 percent ethanol.
 (2)A pump or blender pump that is capable of dispensing a fuel mixture that is at least 50 percent biodiesel or renewable diesel.
 (3)A pump that is capable of dispensing a biofuel and petroleum blend, at least 50 percent of which is a renewable fuel (as defined in section 211(o)(1) of the Clean Air Act (42 U.S.C. 7545(o)(1))).
 (4)A direct current electric charging station with a power rating of at least 40 kilowatts. (5)An alternating current electric charging station with a voltage rating between 208 volts and 240 volts and a power rating between 2.5 kilowatts and 20 kilowatts.
 (6)Hydrogen fuel-cell refilling infrastructure. (7)Any other infrastructure that the Administrator may prescribe by regulation that is capable of dispensing a fuel that is not less than a 50-percent mixture of a renewable fuel (as defined in section 211(o)(1) of the Clean Air Act (42 U.S.C. 7545(o)(1))).,
 (2)in subsection (e)— (A)by striking paragraphs (5) through (7), and
 (B)by inserting after paragraph (4) the following new paragraph:  (5)Recapture rulesThe Secretary shall, by regulations, provide for recapturing the benefit of any credit allowable under subsection (a) with respect to any property which ceases to be property eligible for such credit., and
 (3)by amending subsection (g) to read as follows:  (g)TerminationThis section shall not apply to any property placed in service after December 31, 2022..
 (4)Effective dateThe amendments made by this section shall apply to property placed in service after December 31, 2014.
					307.Permanent extension of parity of exclusion from income for employer-provided mass transit and
			 parking benefits
 (a)In generalSection 132(f)(2) of the Internal Revenue Code of 1986 is amended— (1)by striking $100 in subparagraph (A) and inserting $250,
 (2)by striking $175 in subparagraph (B) and inserting $250, and (3)by striking the last sentence.
 (b)Inflation adjustment conforming amendmentsSubparagraph (A) of section 132(f)(6) is amended— (1)by striking the last sentence,
 (2)by striking 1999 and inserting 2015, and (3)by striking 1998 and inserting 2014.
 (c)Effective dateThe amendments made by this section shall apply to taxable years beginning after 2014.


109 HR 3656 IH: National Emergency Management Restoration and Improvement Act
U.S. House of Representatives
2005-09-06
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. 3656
IN THE HOUSE OF REPRESENTATIVES

September 6, 2005
Mr. Dingell (for himself, Mr. Stupak, Mr. Hastings of Florida, Mr. Boren, Ms. Lee, Mr. Moore of Kansas, Mr. Sherman, Ms. DeGette, Mr. Boucher, Mr. Towns, Mr. Rothman, Mr. Andrews, Mr. Ross, Mr. Ruppersberger, Mr. Brown of Ohio, Ms. DeLauro, Mr. Engel, Mr. Grijalva, Mr. Levin, Mr. Hinchey, Ms. Linda T. Sánchez of California, Ms. Kaptur, Mr. Kucinich, Mr. Ryan of Ohio, Mr. Kildee, Mr. Baca, Mr. Visclosky, Mr. Thompson of California, Mr. Davis of Florida, Ms. McCollum of Minnesota, Mr. Weiner, Mr. Cardoza, Mr. Meehan, Mr. Wu, Mr. Berman, Ms. Kilpatrick of Michigan, Mrs. Maloney, Mr. Crowley, Mr. Inslee, Ms. Bordallo, Mr. Filner, Mr. Frank of Massachusetts, Mr. Holt, Mr. Kanjorski, Mr. McDermott, Mr. Nadler, Mr. Gonzalez, Mrs. Lowey, and Mr. Moran of Virginia) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure, and in addition to the Committee on Homeland Security, 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 concerned

A BILL
To reestablish the Federal Emergency Management Agency as an independent establishment in the executive branch, and for other purposes.

1.Short titleThis Act may be cited as the National Emergency Management Restoration and Improvement Act.
IFederal Emergency Management Agency
101.Federal Emergency Management Agency
(a)Independent establishmentThe Federal Emergency Management Agency shall be an independent establishment in the executive branch.
(b)Director
(1)In generalThe Agency shall be headed by a Director, who shall be appointed by the President, by and with the advice and consent of the Senate, and who shall report directly to the President. The Director of the Federal Emergency Management Agency shall be compensated at the rate provided for at level I of the Executive Schedule under section 5312 of title 5, United States Code.
(2)QualificationsThe Director of the Federal Emergency Management Agency shall be appointed from among persons who have significant experience, knowledge, training, and expertise in the area of emergency preparedness, response, recovery, and mitigation as related to natural disasters and other national cataclysmic events.
(c)Deputy director
(1)In generalThere shall be in the Federal Emergency Management Agency one Deputy Director, who shall be appointed by the President, by and with the advice and consent of the Senate. The Deputy Director shall be compensated at the rate provided for at level II of the Executive Schedule under section 5313 of title 5, United States Code.
(2)QualificationsThe Deputy Director shall be appointed from among persons who have extensive background in disaster response and disaster preparedness.
(3)ResponsibilitiesSubject to the direction and control of the Director of the Federal Emergency Management Agency, the Deputy Director shall have primary responsibility within the Agency for natural disasters and non-natural disasters, including large-scale terrorist attacks.
IITransfer and Savings Provisions
201.Transfer of functionsThere shall be transferred to the Director of the Federal Emergency Management Agency—
(1)the functions (including the functions under paragraphs (3) and (8) of section 430(c) of the Homeland Security Act of 2002 (6 U.S.C. 238(c)), personnel, assets, and liabilities of the Department of Homeland Security relating to the Federal Emergency Management Agency; and
(2)the functions of the Department of Homeland Security under sections 502 (other than paragraph (2)) and 503(2) of the Homeland Security Act of 2002 (6 U.S.C. 312, 313), and the personnel, assets, and liabilities of the Department relating to such functions.
202.Transition periodThe transfers under this title shall be carried out as soon as practicable after the date of enactment of this Act. During the transition period, the Secretary of Homeland Security shall provide to the Director of the Federal Emergency Management Agency such assistance, including the use of personnel and assets, as the Director may request in preparing for the transfer.
203.Personnel provisions
(a)AppointmentsThe Director of the Federal Emergency Management Agency may appoint and fix the compensation of such officers and employees, including investigators, attorneys, and administrative law judges, as may be necessary to carry out the respective functions transferred under this title. Except as otherwise provided by law, such officers and employees shall be appointed in accordance with the civil service laws and their compensation fixed in accordance with title 5, United States Code.
(b)Experts and consultantsThe Director of the Federal Emergency Management Agency may obtain the services of experts and consultants in accordance with section 3109 of title 5, United States Code, and compensate such experts and consultants for each day (including traveltime) at rates not in excess of the rate of pay for level IV of the Executive Schedule under section 5315 of such title. The Director of the Federal Emergency Management Agency may pay experts and consultants who are serving away from their homes or regular place of business, travel expenses and per diem in lieu of subsistence at rates authorized by sections 5702 and 5703 of such title for persons in Government service employed intermittently.
204.Delegation and assignmentExcept where otherwise expressly prohibited by law or otherwise provided by this title, the Director of the Federal Emergency Management Agency may delegate any of the functions transferred to the Director of the Federal Emergency Management Agency by this title and any function transferred or granted to such Director after the effective date of this title to such officers and employees of the Federal Emergency Management Agency as the Director may designate, and may authorize successive redelegations of such functions as may be necessary or appropriate. No delegation of functions by the Director of the Federal Emergency Management Agency under this section or under any other provision of this title shall relieve such Director of responsibility for the administration of such functions.
205.ReorganizationThe Director of the Federal Emergency Management Agency is authorized to allocate or reallocate any function transferred under section 201 among the officers of the Federal Emergency Management Agency, and to establish, consolidate, alter, or discontinue such organizational entities in the Federal Emergency Management Agency as may be necessary or appropriate.
206.RulesThe Director of the Federal Emergency Management Agency is authorized to prescribe, in accordance with the provisions of chapters 5 and 6 of title 5, United States Code, such rules and regulations as the Director determines necessary or appropriate to administer and manage the functions of the Federal Emergency Management Agency.
207.Transfer and allocations of appropriations and personnelExcept as otherwise provided in this title, the personnel employed in connection with, and the assets, liabilities, contracts, property, records, and unexpended balances of appropriations, authorizations, allocations, and other funds employed, used, held, arising from, available to, or to be made available in connection with the functions transferred by this title, subject to section 1531 of title 31, United States Code, shall be transferred to the Federal Emergency Management Agency. Unexpended funds transferred pursuant to this section shall be used only for the purposes for which the funds were originally authorized and appropriated.
208.Incidental transfersThe Director of the Office of Management and Budget, at such time or times as the Director shall provide, is authorized to make such determinations as may be necessary with regard to the functions transferred by this title, and to make such additional incidental dispositions of personnel, assets, liabilities, grants, contracts, property, records, and unexpended balances of appropriations, authorizations, allocations, and other funds held, used, arising from, available to, or to be made available in connection with such functions, as may be necessary to carry out the provisions of this title. The Director of the Office of Management and Budget shall provide for the termination of the affairs of all entities terminated by this title and for such further measures and dispositions as may be necessary to effectuate the purposes of this title.
209.Effect on personnel
(a)In generalExcept as otherwise provided by this title, the transfer pursuant to this title of full-time personnel (except special Government employees) and part-time personnel holding permanent positions shall not cause any such employee to be separated or reduced in grade or compensation for one year after the date of transfer of such employee under this title.
(b)Executive Schedule positionsExcept as otherwise provided in this title, any person who, on the day preceding the effective date of this title, held a position compensated in accordance with the Executive Schedule prescribed in chapter 53 of title 5, United States Code, and who, without a break in service, is appointed in the Federal Emergency Management Agency to a position having duties comparable to the duties performed immediately preceding such appointment shall continue to be compensated in such new position at not less than the rate provided for such previous position, for the duration of the service of such person in such new position.
210.Savings provisions
(a)Continuing effect of legal documentsAll orders, determinations, rules, regulations, permits, agreements, grants, contracts, certificates, licenses, registrations, privileges, and other administrative actions—
(1)which have been issued, made, granted, or allowed to become effective by the President, any Federal agency or official thereof, or by a court of competent jurisdiction, in the performance of functions which are transferred under this title, and
(2)which are in effect at the time this title takes effect, or were final before the effective date of this title and are to become effective on or after the effective date of this title,shall continue in effect according to their terms until modified, terminated, superseded, set aside, or revoked in accordance with law by the President, the Director of the Federal Emergency Management Agency or other authorized official, a court of competent jurisdiction, or by operation of law.
(b)Proceedings not affectedThe provisions of this title shall not affect any proceedings, including notices of proposed rulemaking, or any application for any license, permit, certificate, or financial assistance pending before the Federal Emergency Management Agency at the time this title takes effect, with respect to functions transferred by this title but such proceedings and applications shall continue. Orders shall be issued in such proceedings, appeals shall be taken therefrom, and payments shall be made pursuant to such orders, as if this title had not been enacted, and orders issued in any such proceedings shall continue in effect until modified, terminated, superseded, or revoked by a duly authorized official, by a court of competent jurisdiction, or by operation of law. Nothing in this subsection shall be deemed to prohibit the discontinuance or modification of any such proceeding under the same terms and conditions and to the same extent that such proceeding could have been discontinued or modified if this title had not been enacted.
(c)Suits not affectedThe provisions of this title shall not affect suits commenced before the effective date of this title, and in all such suits, proceedings shall be had, appeals taken, and judgments rendered in the same manner and with the same effect as if this title had not been enacted.
(d)Nonabatement of actionsNo suit, action, or other proceeding commenced by or against the Federal Emergency Management Agency, or by or against any individual in the official capacity of such individual as an officer of the Federal Emergency Management Agency, shall abate by reason of the enactment of this title.
(e)Administrative actions relating to promulgation of regulationsAny administrative action relating to the preparation or promulgation of a regulation by the Federal Emergency Management Agency relating to a function transferred under this title may be continued by the Federal Emergency Management Agency with the same effect as if this title had not been enacted.
211.ReferencesAny reference in any other Federal law, Executive order, rule, regulation, or delegation of authority, or any document of or pertaining to a department, agency, or office from which a function is transferred by this title—
(1)to the head of such department, agency, or office is deemed to refer to the head of the department, agency, or office to which such function is transferred; or
(2)to such department, agency, or office is deemed to refer to the department, agency, or office to which such function is transferred.
212.Conforming amendments and repeals
(a)Homeland Security Act of 2002
(1)Section 504Section 504(a) of the Homeland Security Act of 2002 (6 U.S.C. 314(a)) is amended by striking , major disaster,.
(2)RepealsThe following provisions of the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) are repealed:
(A)Section 2(11).
(B)Section 503(1).
(C)Section 507.
(D)Section 508.
(b)Title 5, united states code
(1)DirectorSection 5312 of title 5, United States Code, is amended by adding at the end the following:
Director of the Federal Emergency Management Agency..
(2)Deputy directorSection 5313 of title 5, United States Code, is amended by adding at the end the following:
Deputy Director of the Federal Emergency Management Agency..
(c)Additional conforming amendments
(1)Recommended legislationAfter consultation with the appropriate committees of the Congress and the Director of the Office of Management and Budget, the Director of the Federal Emergency Management Agency shall prepare and submit to Congress recommended legislation containing technical and conforming amendments to reflect the changes made by this Act.
(2)Submission to CongressNot later than 6 months after the effective date of this title, the Director of the Federal Emergency Management Agency shall submit the recommended legislation referred to under subsection (a).
213.Limitation on statutory constructionNothing in this Act shall be construed to limit the primary mission of the Department of Homeland Security set forth in subparagraphs (A), (B), (E), (F), (G), and (H) of section 101(b) of the Homeland Security Act of 2002 (6 U.S.C. 111(b)).