S.Amdt. 1431
What it does: 66 changes: strikes text in 11 places, replaces text in 40 places, inserts text in 14 places, adds a section
Sen. Chuck Grassley (R-IA)What it changes
66 changes to S. 14
We couldn't match these changes to the text of S. 14, so they're shown as written.
We couldn't read part of this amendment. That part is shown as written below.
Change 1: Strikes page 66, line 4 through page 67, line 9
StrikesPrinted pageRemoves page 66, line 4 through page 67, line 9 of the printed bill. See that page
Original wording
In division B, beginning on page 66, line 4, strike all through page 67, line 9.
Change 2: Rewrites page 67, line 16 through page 69, line 25
ReplacesPrinted pageRemoves page 67, line 16 through page 69, line 25 of the printed bill. See that page
Inserted: (a) General Rule.--For purposes of section 38, the biodiesel fuels credit determined under this section for the taxable year is an amount equal to the sum of--
Inserted: (1) the biodiesel mixture credit, plus
Inserted: (2) the biodiesel credit.
Inserted: (b) Definition of Biodiesel Mixture Credit and Biodiesel Credit.--For purposes of this section--
Inserted: (1) Biodiesel mixture credit.--
Inserted: (A) In general.--The biodiesel mixture credit of any taxpayer for any taxable year is 50 cents for each gallon of biodiesel used by the taxpayer in the production of a qualified biodiesel mixture.
Inserted: (B) Qualified biodiesel mixture.--The term 'qualified biodiesel mixture' means a mixture of biodiesel and diesel fuel which--
Inserted: (i) is sold by the taxpayer producing such mixture to any person for use as a fuel, or
Inserted: (ii) is used as a fuel by the taxpayer producing such mixture.
Inserted: (C) Sale or use must be in trade or business, etc.--Biodiesel used in the production of a qualified biodiesel mixture shall be taken into account--
Inserted: (i) only if the sale or use described in subparagraph (B) is in a trade or business of the taxpayer, and
Inserted: (ii) for the taxable year in which such sale or use occurs.
Show 9 more inserted paragraphsShow less
Inserted: (D) Casual off-farm production not eligible.--No credit shall be allowed under this section with respect to any casual off-farm production of a qualified biodiesel mixture.
Inserted: (2) Biodiesel credit.--
Inserted: (A) In general.--The biodiesel credit of any taxpayer for any taxable year is 50 cents for each gallon of biodiesel which is not in a mixture with diesel fuel and which during the taxable year--
Inserted: (i) is used by the taxpayer as a fuel in a trade or business, or
Inserted: (ii) is sold by the taxpayer at retail to a person and placed in the fuel tank of such person's vehicle.
Inserted: (B) User credit not to apply to biodiesel sold at retail.--No credit shall be allowed under subparagraph (A)(i) with respect to any biodiesel which was sold in a retail sale described in subparagraph (A)(ii).
Inserted: (3) Credit for agri-biodiesel.--
Inserted: (A) In general.--Subject to subparagraph (B), in the case of any biodiesel which is agri-biodiesel, paragraphs (1)(A) and (2)(A) shall be applied by substituting '$1.00' for '50 cents'.
Inserted: (B) Certification for agri-biodiesel.--Subparagraph (A) shall apply only if the taxpayer described in paragraph (1)(A) or (2)(A) obtains a certification (in such form and manner as prescribed by the Secretary) from the producer of the agri-biodiesel which identifies the product produced.
Original wording
Beginning on page 67, line 16, strike all through page 69, line 25, and insert the following:
Change 3: Inserts “derived from plant or animal matter” after “acids”
…acids[inserted: derived from plant or animal matter]…
Original wording
On page 70, line 11, insert “derived from plant or animal matter” after “acids”.
Change 4: Strikes page 71, lines 1–3
StrikesPrinted pageRemoves page 71, lines 1–3 of the printed bill. See that page
Original wording
On page 71, strike lines 1 through 3.
Change 5: Replaces “(4)” with “(3)”
[struck: (4)][inserted: (3)]Original wording
On page 71, line 4, strike “(4)” and insert “(3)”.
Change 6: Replaces “biodiesel mixture rate applicable under subsection (b)(1)(B)” with “rate applicable under subsection (b)(1)(A)”
[struck: biodiesel mixture rate applicable under subsection (b)(1)(B)][inserted: rate applicable under subsection (b)(1)(A)]Original wording
On page 71, lines 17 through 19, strike “biodiesel mixture rate applicable under subsection (b)(1)(B)” and insert “rate applicable under subsection (b)(1)(A)”.
Change 7: Replaces “(5)” with “(4)”
[struck: (5)][inserted: (4)]Original wording
On page 72, line 3, strike “(5)” and insert “(4)”.
Change 8: Inserts new text on page 73, between lines 3 and 4
InsertsPrinted pageInserted: (2)(A) Section 87, as amended by this Act, is amended--
Inserted: (i) by striking "and" at the end of paragraph (1),
Inserted: (ii) by striking the period at the end of paragraph (2) and inserting ", and",
Inserted: (iii) by adding at the end the following new paragraph:
Inserted: "(3) the biodiesel fuels credit determined with respect to the taxpayer for the taxable year under section 40B(a).", and
Inserted: (iv) by striking "fuel credit" in the heading and inserting "and biodiesel fuels credits".
Inserted: (B) The item relating to section 87 in the table of sections for part II of subchapter B of chapter 1 is amended by striking "fuel credit" and inserting "and biodiesel fuels credits".
Original wording
On page 73, between lines 3 and 4, insert the following:
Change 9: Replaces “(2)” with “(3)”
[struck: (2)][inserted: (3)]Original wording
On page 73, line 4, strike “(2)” and insert “(3)”.
Change 10: Replaces “(3)” with “(4)”
[struck: (3)][inserted: (4)]Original wording
On page 73, line 11, strike “(3)” and insert “(4)”.
Change 11: Rewrites page 76, lines 1–11
ReplacesPrinted pageRemoves page 76, lines 1–11 of the printed bill. See that page
Inserted: (1) In general.--For purposes of this section, the biodiesel mixture credit is the product of the applicable amount and the number of gallons of biodiesel used by the taxpayer in producing any qualified biodiesel mixture.
Inserted: (2) Applicable amount.--
Inserted: (A) In general.--Except as provided in subparagraph (B), the applicable amount is 50 cents.
Inserted: (B) Amount for agri-biodiesel.--
Inserted: (i) In general.--Subject to clause (ii), in the case of any biodiesel which is agri-biodiesel, the applicable amount is $1.00.
Inserted: (ii) Certification for agri-biodiesel.--Clause (i) shall apply only if the taxpayer described in paragraph (1) obtains a certification (in such form and manner as prescribed by the Secretary) from the producer of the agri-biodiesel which identifies the product produced.
Original wording
On page 76, strike lines 1 through 11 and insert the following:
Change 12: Replaces “agri-biodiesel” with “biodiesel”
[struck: agri-biodiesel][inserted: biodiesel]Original wording
On page 76, line 21, strike “agri-biodiesel” and insert “biodiesel”.
Change 13: Replaces “agri-biodiesel” with “biodiesel”
[struck: agri-biodiesel][inserted: biodiesel]Original wording
On page 77, lines 1 and 2, strike “agri-biodiesel” and insert “biodiesel”.
Change 14: Replaces “agri-biodiesel” with “biodiesel”
[struck: agri-biodiesel][inserted: biodiesel]Original wording
On page 77, line 8, strike “agri-biodiesel” and insert “biodiesel”.
Change 15: Inserts new text on page 77, between lines 14 and 15
InsertsPrinted pageInserted: (b) Registration Requirement.--Section 4101(a) (relating to registration) is amended by inserting "and every person producing biodiesel (as defined in section 40B(d)(1)) or alcohol (as defined in section 6426(b)(4)(A))" after "4091".
Original wording
On page 77, between lines 14 and 15, insert the following:
Change 16: Replaces “(b)” with “(c)”
[struck: (b)][inserted: (c)]Original wording
On page 77, line 15, strike “(b)” and insert “(c)”.
Change 17: Rewrites page 79, line 16 through page 80, line 17
ReplacesPrinted pageRemoves page 79, line 16 through page 80, line 17 of the printed bill. See that page
Inserted: (e) Alcohol or Biodiesel Used To Produce Alcohol Fuel and Biodiesel Mixtures or Used as Fuels.--Except as provided in subsection (k)--
Inserted: (1) Used to produce a mixture.--If any person produces a mixture described in section 6426 in such person's trade or business, the Secretary shall pay (without interest) to such person an amount equal to the alcohol fuel mixture credit or the biodiesel mixture credit with respect to such mixture.
Inserted: (2) Used as fuel.--If alcohol (as defined in section 40(d)(1)) or biodiesel (as defined in section 40B(d)(1)) or agri-biodiesel (as defined in section 40B(d)(2)) which is not in a mixture with a taxable fuel (as defined in section 4083(a)(1))--
Inserted: (A) is used by any person as a fuel in a trade or business, or
Inserted: (B) is sold by any person at retail to another person and placed in the fuel tank of such person's vehicle, the Secretary shall pay (without interest) to such person an amount equal to the alcohol credit (as determined under section 40(b)(2)) or the biodiesel credit (as determined under section 40B(b)(2)) with respect to such fuel.
Inserted: (3) Coordination with other repayment provisions.--No amount shall be payable under paragraph (1) with respect to any mixture with respect to which an amount is allowed as a credit under section 6426.
Inserted: (4) Termination.--This subsection shall not apply with respect to--
Inserted: (A) any alcohol fuel mixture (as defined in section 6426(b)(3)) or alcohol (as so defined) sold or used after December 31, 2010, and
Inserted: (B) any qualified biodiesel mixture (within the meaning of section 6426(c)(1)) or biodiesel (as so defined) or agri-biodiesel (as so defined) sold or used after December 31, 2005.
Original wording
Beginning on page 79, line 16, strike all through page 80, line 17, and insert the following:
Change 18: Replaces “(e)” with “(e)(1)”
[struck: (e)][inserted: (e)(1)]Original wording
On page 82, line 4, strike “(e)” and insert “(e)(1)”.
Change 19: Replaces “(c)” with “(d)”
[struck: (c)][inserted: (d)]Original wording
On page 84, line 8, strike “(c)” and insert “(d)”.
Change 20: Replaces “(d)” with “(e)”
[struck: (d)][inserted: (e)]Original wording
On page 84, line 11, strike “(d)” and insert “(e)”.
Change 21: Replaces “with the” through page 87, line 2 with “with the latest standards of chapter 4 of the International Energy Conservation Code appr…”
[struck: with the …][inserted: with the latest standards of chapter 4 of the International Energy Conservation Code approved by the Department of Energy before the construction of such qualifying new home and any applicable Federal minimum efficiency standards for equipment,]Original wording
Beginning on page 86, line 25, strike “with the” and all that follows through page 87, line 2, and insert the following: “with the latest standards of chapter 4 of the International Energy Conservation Code approved by the Department of Energy before the construction of such qualifying new home and any applicable Federal minimum efficiency standards for equipment,”.
Change 22: Inserts new text on page 88, between lines 11 and 12
InsertsPrinted pageInserted: (3) Provider limitation.--Any eligible contractor who directly or indirectly provides the guarantee of energy savings under a guarantee-based method of certification described in subsection (d)(1)(D) shall not be eligible to receive the credit allowed by this section.
Original wording
On page 88, between lines 11 and 12, insert the following:
Change 23: Inserts “or system” after “cooling equipment”
…cooling equipment[inserted: or system]…
Original wording
On page 89, line 2, insert “or system” after “cooling equipment”.
Change 24: Replaces “or” with new text
Struck: or
Original wording
On page 90, line 10, strike “or” and insert a comma.
Change 25: Inserts “or a guarantee-based method,” after “method,”
…method,[inserted: or a guarantee-based method,]…
Original wording
On page 90, line 11, insert “or a guarantee-based method,” after “method,”.
Change 26: Rewrites page 91, lines 12–15
ReplacesPrinted pageRemoves page 91, lines 12–15 of the printed bill. See that page
Inserted: (II) constructed in accordance with the latest standards of chapter 4 of the International Energy Conservation Code approved by the Department of Energy before the construction of such qualifying new home and any applicable Federal minimum efficiency standards for equipment.
Original wording
On page 91, strike lines 12 through 15 and insert the following:
Change 27: Strikes “Such” through page 92, line 2
Struck: Such …
Original wording
On page 91, line 22, strike “Such” and all that follows through page 92, line 2.
Change 28: Inserts new text on page 92, between lines 2 and 3
InsertsPrinted pageInserted: (D) Guarantee-based method.--
Inserted: (i) In general.--A guarantee-based method is a method which guarantees in writing to the homeowner energy savings of either 30 percent or 50 percent over the 2000 International Energy Conservation Code for heating and cooling costs. The guarantee shall be provided for a minimum of 2 years and shall fully reimburse the homeowner any heating and cooling costs in excess of the guaranteed amount.
Inserted: (ii) Computer software.--Computer software shall be selected by the provider to support the guarantee-based method certification under clause (i). Such software shall meet procedures and methods for calculating energy and cost savings in regulations promulgated by the Secretary of Energy.
Original wording
On page 92, between lines 2 and 3, insert the following:
Change 29: Inserts “or a guarantee-based method” after “method”
…method[inserted: or a guarantee-based method]…
Original wording
On page 92, line 9, insert “or a guarantee-based method” after “method”.
Change 30: Inserts “and guarantee-based” after “based”
…based[inserted: and guarantee-based]…
Original wording
On page 94, line 13, insert “and guarantee-based” after “based”.
Change 31: Rewrites page 105, lines 6–19
ReplacesPrinted pageRemoves page 105, lines 6–19 of the printed bill. See that page
Inserted: (C) for property described in subsection (d)(6)--
Inserted: (i) $150 for each electric heat pump water heater,
Inserted: (ii) $125 for each advanced natural gas, oil, propane furnace, or hot water boiler,
Inserted: (iii) $150 for each advanced natural gas, oil, or propane water heater,
Inserted: (iv) $50 for each natural gas, oil, or propane water heater,
Inserted: (v) $50 for an advanced main air circulating fan,
Inserted: (vi) $150 for each advanced combination space and water heating system,
Inserted: (vii) $50 for each combination space and water heating system, and
Inserted: (viii) $250 for each geothermal heat pump.
Original wording
On page 105, strike lines 6 through 19 and insert the following:
Change 32: Inserts “for property described in subsection (d)(6)(B)(viii)” after “(EER)”
…(EER)[inserted: for property described in subsection (d)(6)(B)(viii)]…
Original wording
On page 106, line 18, insert “for property described in subsection (d)(6)(B)(viii)” after “(EER)”.
Change 33: Strikes page 109, lines 12–17
StrikesPrinted pageRemoves page 109, lines 12–17 of the printed bill. See that page
Original wording
On page 109, strike lines 12 through 17.
Change 34: Replaces “(iii)” with “(ii)”
[struck: (iii)][inserted: (ii)]Original wording
On page 109, line 18, strike “(iii)” and insert “(ii)”.
Change 35: Replaces “or propane furnace” with “propane furnace, or hot water boiler”
[struck: or propane furnace][inserted: propane furnace, or hot water boiler]Original wording
On page 109, lines 18 and 19, strike “or propane furnace” and insert “propane furnace, or hot water boiler”.
Change 36: Strikes page 109, lines 22–25
StrikesPrinted pageRemoves page 109, lines 22–25 of the printed bill. See that page
Original wording
On page 109, strike lines 22 through 25.
Change 37: Rewrites page 110, lines 1–7
ReplacesPrinted pageRemoves page 110, lines 1–7 of the printed bill. See that page
Inserted: (iii) an advanced natural gas, oil, or propane water heater which has an energy factor of at least 0.80 in the standard Department of Energy test procedure,
Inserted: (iv) a natural gas, oil, or propane water heater which has an energy factor of at least 0.65 but less than 0.80 in the standard Department of Energy test procedure,
Inserted: (v) an advanced main air circulating fan used in a new natural gas, propane, or oil-fired furnace, including main air circulating fans that use a brushless permanent magnet motor or another type of motor which achieves similar or higher efficiency at half and full speed, as determined by the Secretary,
Inserted: (vi) an advanced combination space and water heating system which has a combined energy factor of at least 0.80 and a combined annual fuel utilization efficiency (AFUE) of at least 78 percent in the standard Department of Energy test procedure,
Inserted: (vii) a combination space and water heating system which has a combined energy factor of at least 0.65 but less than 0.80 and a combined annual fuel utilization efficiency (AFUE) of at least 78 percent in the standard Department of Energy test procedure, and
Inserted: (viii) a geothermal heat pump which has an energy efficiency ratio (EER) of at least 21.
Original wording
On page 110, strike lines 1 through 7 and insert the following:
Change 38: Rewrites page 139, lines 7–8
ReplacesPrinted pageRemoves page 139, lines 7–8 of the printed bill. See that page
Inserted: meet or exceed the latest prescriptive criteria for such component in the International Energy Conservation Code approved by the Department of Energy before the installation of such component,
Original wording
On page 139, strike lines 7 and 8 and insert the following: “meet or exceed the latest prescriptive criteria for such component in the International Energy Conservation Code approved by the Department of Energy before the installation of such component,”.
Change 39: Strikes “Such” through line 15
Struck: Such …
Original wording
On page 141, line 10, strike “Such” and all that follows through line 15.
Change 40: Strikes “by”
Struck: by
Original wording
On page 141, line 19, strike “by”.
Change 41: Rewrites page 146, lines 17–19
ReplacesPrinted pageRemoves page 146, lines 17–19 of the printed bill. See that page
Inserted: (1) In general.--Section 25D(b), as added by subsection (a), is amended--
Inserted: (A) by striking "The credit" and inserting the following:
Inserted: "(1) Dollar amount.--The credit", and
Inserted: (B) by adding at the end the following new paragraph:
Original wording
On page 146, strike lines 17 through 19 and insert the following:
Change 42: Replaces “(3)” with “(2)”
[struck: (3)][inserted: (2)]Original wording
On page 146, line 20, strike “(3)” and insert “(2)”.
Change 43: Replaces “(b)(3)” with “(b)(2)”
[struck: (b)(3)][inserted: (b)(2)]Original wording
On page 147, line 9, strike “(b)(3)” and insert “(b)(2)”.
Change 44: Rewrites page 153, lines 13–14
ReplacesPrinted pageRemoves page 153, lines 13–14 of the printed bill. See that page
Inserted: (B) uses an input of at least 75 percent coal to produce at least 50 percent of its thermal output as electricity,
Original wording
On page 153, strike lines 13 and 14 and insert the following:
Change 45: Replaces “section 45(d)” with “section 45(e)”
[struck: section 45(d)][inserted: section 45(e)]Original wording
On page 157, line 2, strike “section 45(d)” and insert “section 45(e)”.
Change 46: Replaces “(2), and (6)” with “, (2), and (6)”
[struck: (2), and (6)][inserted: , (2), and (6)]Original wording
On page 177, line 21, strike “(2), and (6)” and insert “, (2), and (6)”.
Change 47: Strikes “40.6”
Struck: 40.6
Original wording
On page 180, after line 10, strike “40.6”
Change 48: Strikes “40”
Struck: 40
Original wording
On page 180, after line 10, strike “40”
Change 49: Strikes “43.6”
Struck: 43.6
Original wording
On page 181, between lines 3 and 4, strike “43.6”
Change 50: Strikes “44.2”
Struck: 44.2
Original wording
On page 181, between lines 6 and 7, strike “44.2”
Change 51: Replaces “43.9” with “44.2”
[struck: 43.9][inserted: 44.2]Original wording
On page 181, between lines 6 and 7, strike “43.9” and insert “44.2”.
Change 52: Replaces “section 45(d)” with “section 45(e)”
[struck: section 45(d)][inserted: section 45(e)]Original wording
On page 182, line 11, strike “section 45(d)” and insert “section 45(e)”.
Change 53: Inserts “with respect to any facility” after “taxable year”
…taxable year[inserted: with respect to any facility]…
Original wording
On page 198, line 25, insert “with respect to any facility” after “taxable year”.
Change 54: Inserts “with respect to such facility” after “taxable year”
…taxable year[inserted: with respect to such facility]…
Original wording
On page 199, line 2, insert “with respect to such facility” after “taxable year”.
Change 55: Replaces “a small business refiner” with “any facility”
[struck: a small business refiner][inserted: any facility]Original wording
On page 199, line 9, strike “a small business refiner” and insert “any facility”.
Change 56: Inserts “for all facilities of the taxpayer” after “of which”
…of which[inserted: for all facilities of the taxpayer]…
Original wording
On page 200, line 16, insert “for all facilities of the taxpayer” after “of which ”.
Change 57: Replaces “205,000” with “410,000”
[struck: 205,000][inserted: 410,000]Original wording
On page 200, line 18, strike “205,000” and insert “410,000”.
Change 58: Inserts “, as amended by this Act,” after “rules)”
…rules)[inserted: , as amended by this Act,]…
Original wording
On page 219, line 24, insert “, as amended by this Act,” after “rules)”.
Change 59: Replaces “(9)” with “(10)”
[struck: (9)][inserted: (10)]Original wording
On page 220, line 1, strike “(9)” and insert “(10)”.
Change 60: Rewrites page 222, lines 1–4
ReplacesPrinted pageRemoves page 222, lines 1–4 of the printed bill. See that page
Inserted: (e) Effective Dates.--
Inserted: (1) In general.--Except as provided in paragraph (2), the amendments made by this section shall apply to fuel sold after the date of the enactment of this Act, in taxable years ending after such date.
Inserted: (2) Existing facilities.--The amendments made by subsection (c) shall apply to fuel sold after December 31, 2002, in taxable years ending after such date.
Original wording
On page 222, strike lines 1 through 4 and insert the following:
Change 61: Replaces “the taxpayer” with “such person or entity”
[struck: the taxpayer][inserted: such person or entity]Original wording
On page 227, line 1, strike “the taxpayer” and insert “such person or entity”.
Change 62: Replaces “operating” through “production.” with “such persons or entities. Production otherwise attributable to a United States tax-exempt…”
[struck: operating … production.][inserted: such persons or entities. Production otherwise attributable to a United States tax-exempt person or entity by reason of a royalty interest shall be attributable to such person or entity with respect to whom royalty-in-value production remains or to whom royalty-in-kind production is sold.]Original wording
On page 227, beginning on line 10, strike “operating” and all that follows through “production.” on line 12, and insert the following: “such persons or entities. Production otherwise attributable to a United States tax-exempt person or entity by reason of a royalty interest shall be attributable to such person or entity with respect to whom royalty-in-value production remains or to whom royalty-in-kind production is sold.”.
Change 63: Replaces “15 years” with “25 years”
[struck: 15 years][inserted: 25 years]Original wording
On page 228, line 7, strike “15 years” and insert “25 years”.
Change 64: Rewrites page 231, lines 4–5
ReplacesPrinted pageRemoves page 231, lines 4–5 of the printed bill. See that page
Inserted: (B) is--
Inserted: (i) placed in service after December 31, 2012, or
Inserted: (ii) treated as placed in service on January 1, 2013, if the taxpayer who places such system in service before January 1, 2013, elects such treatment.
Original wording
On page 231, strike lines 4 and 5 and insert the following:
Change 65: Rewrites page 231, lines 14–17
ReplacesPrinted pageRemoves page 231, lines 14–17 of the printed bill. See that page
Inserted: (d) Effective Date.--The amendments made by this section shall apply to property placed in service on or after the date of the enactment of this Act.
Original wording
On page 231, strike lines 14 through 17 and insert the following:
Change 66: Adds SEC. 514. EXTENSION OF ENHANCED OIL RECOVERY CREDIT TO CERTAIN ALASKA FACILITIES on page 237, between lines 18 and 19
Adds a sectionPrinted pageInserted: SEC. 514. EXTENSION OF ENHANCED OIL RECOVERY CREDIT TO CERTAIN ALASKA FACILITIES.
Inserted: (a) In General.--Section 43(c)(1) (defining qualified enhanced oil recovery costs) is amended by adding at the end the following new subparagraph:
Inserted: "(D) Any amount which is paid or incurred during the taxable year to construct a gas treatment plant which--
Inserted: "(i) is located in the area of the United States (within the meaning of section 638(1)) lying north of 64 degrees North latitude,
Inserted: "(ii) prepares Alaska natural gas (as defined in section 45M(c)(1)) for transportation through a pipeline with a capacity of at least 2,000,000,000,000 Btu of natural gas per day, and
Inserted: "(iii) produces carbon dioxide which is injected into hydrocarbon-bearing geological formations.".
Inserted: (b) Effective Date.--The amendment made by this section shall apply to costs paid or incurred in taxable years beginning after December 31, 2003.
Original wording
On page 237, between lines 18 and 19, insert the following:
Shown as written
both places it appears and insert “40.2”.
both places it appears and insert “39”.
both places it appears and insert “43.9”.
both places it appears and insert “46.3”.
Read automatically from the Congressional Record. Check the original before relying on it.
As printed
SA 1431. Mr. GRASSLEY (for himself and Mr. Baucus) submitted an amendment intended to be proposed by him to the bill S. 14, to enhance the energy security of the United States, and for other purposes; which was ordered to lie on the table; as follows:
In division B, beginning on page 66, line 4, strike all through page 67, line 9.
Beginning on page 67, line 16, strike all through page 69, line 25, and insert the following:
“(a) General Rule.--For purposes of section 38, the biodiesel fuels credit determined under this section for the taxable year is an amount equal to the sum of--
“(1) the biodiesel mixture credit, plus
“(2) the biodiesel credit.
“(b) Definition of Biodiesel Mixture Credit and Biodiesel Credit.--For purposes of this section--
“(1) Biodiesel mixture credit.--
“(A) In general.--The biodiesel mixture credit of any taxpayer for any taxable year is 50 cents for each gallon of biodiesel used by the taxpayer in the production of a qualified biodiesel mixture.
“(B) Qualified biodiesel mixture.--The term ‘qualified biodiesel mixture' means a mixture of biodiesel and diesel fuel which--
“(i) is sold by the taxpayer producing such mixture to any person for use as a fuel, or
“(ii) is used as a fuel by the taxpayer producing such mixture.
“(C) Sale or use must be in trade or business, etc.--Biodiesel used in the production of a qualified biodiesel mixture shall be taken into account--
“(i) only if the sale or use described in subparagraph (B) is in a trade or business of the taxpayer, and
“(ii) for the taxable year in which such sale or use occurs.
“(D) Casual off-farm production not eligible.--No credit shall be allowed under this section with respect to any casual off-farm production of a qualified biodiesel mixture.
“(2) Biodiesel credit.--
“(A) In general.--The biodiesel credit of any taxpayer for any taxable year is 50 cents for each gallon of biodiesel which is not in a mixture with diesel fuel and which during the taxable year--
“(i) is used by the taxpayer as a fuel in a trade or business, or
“(ii) is sold by the taxpayer at retail to a person and placed in the fuel tank of such person's vehicle.
“(B) User credit not to apply to biodiesel sold at retail.--No credit shall be allowed under subparagraph (A)(i) with respect to any biodiesel which was sold in a retail sale described in subparagraph (A)(ii).
“(3) Credit for agri-biodiesel.--
“(A) In general.--Subject to subparagraph (B), in the case of any biodiesel which is agri-biodiesel, paragraphs (1)(A) and (2)(A) shall be applied by substituting ‘$1.00' for ‘50 cents'.
“(B) Certification for agri-biodiesel.--Subparagraph (A) shall apply only if the taxpayer described in paragraph (1)(A) or (2)(A) obtains a certification (in such form and manner as prescribed by the Secretary) from the producer of the agri-biodiesel which identifies the product produced.
On page 70, line 11, insert “derived from plant or animal matter” after “acids”.
On page 71, strike lines 1 through 3.
On page 71, line 4, strike “(4)” and insert “(3)”.
On page 71, lines 17 through 19, strike “biodiesel mixture rate applicable under subsection (b)(1)(B)” and insert “rate applicable under subsection (b)(1)(A)”.
On page 72, line 3, strike “(5)” and insert “(4)”.
On page 73, between lines 3 and 4, insert the following:
(2)(A) Section 87, as amended by this Act, is amended--
(i) by striking “and” at the end of paragraph (1),
(ii) by striking the period at the end of paragraph (2) and inserting “, and”,
(iii) by adding at the end the following new paragraph:
“(3) the biodiesel fuels credit determined with respect to the taxpayer for the taxable year under section 40B(a).”, and
(iv) by striking “fuel credit” in the heading and inserting “and biodiesel fuels credits”.
(B) The item relating to section 87 in the table of sections for part II of subchapter B of chapter 1 is amended by striking “fuel credit” and inserting “and biodiesel fuels credits”.
On page 73, line 4, strike “(2)” and insert “(3)”.
On page 73, line 11, strike “(3)” and insert “(4)”.
On page 76, strike lines 1 through 11 and insert the following:
“(1) In general.--For purposes of this section, the biodiesel mixture credit is the product of the applicable amount and the number of gallons of biodiesel used by the taxpayer in producing any qualified biodiesel mixture.
“(2) Applicable amount.--
“(A) In general.--Except as provided in subparagraph (B), the applicable amount is 50 cents.
“(B) Amount for agri-biodiesel.--
“(i) In general.--Subject to clause (ii), in the case of any biodiesel which is agri-biodiesel, the applicable amount is $1.00.
“(ii) Certification for agri-biodiesel.--Clause (i) shall apply only if the taxpayer described in paragraph (1) obtains a certification (in such form and manner as prescribed by the Secretary) from the producer of the agri-biodiesel which identifies the product produced.
On page 76, line 21, strike “agri-biodiesel” and insert “biodiesel”.
On page 77, lines 1 and 2, strike “agri-biodiesel” and insert “biodiesel”.
On page 77, line 8, strike “agri-biodiesel” and insert “biodiesel”.
On page 77, between lines 14 and 15, insert the following:
(b) Registration Requirement.--Section 4101(a) (relating to registration) is amended by inserting “and every person producing biodiesel (as defined in section 40B(d)(1)) or alcohol (as defined in section 6426(b)(4)(A))” after “4091”.
On page 77, line 15, strike “(b)” and insert “(c)”.
Beginning on page 79, line 16, strike all through page 80, line 17, and insert the following:
“(e) Alcohol or Biodiesel Used To Produce Alcohol Fuel and Biodiesel Mixtures or Used as Fuels.--Except as provided in subsection (k)--
“(1) Used to produce a mixture.--If any person produces a mixture described in section 6426 in such person's trade or business, the Secretary shall pay (without interest) to such person an amount equal to the alcohol fuel mixture credit or the biodiesel mixture credit with respect to such mixture.
“(2) Used as fuel.--If alcohol (as defined in section 40(d)(1)) or biodiesel (as defined in section 40B(d)(1)) or agri-biodiesel (as defined in section 40B(d)(2)) which is not in a mixture with a taxable fuel (as defined in section 4083(a)(1))--
“(A) is used by any person as a fuel in a trade or business, or
“(B) is sold by any person at retail to another person and placed in the fuel tank of such person's vehicle, the Secretary shall pay (without interest) to such person an amount equal to the alcohol credit (as determined under section 40(b)(2)) or the biodiesel credit (as determined under section 40B(b)(2)) with respect to such fuel.
“(3) Coordination with other repayment provisions.--No amount shall be payable under paragraph (1) with respect to any mixture with respect to which an amount is allowed as a credit under section 6426.
“(4) Termination.--This subsection shall not apply with respect to--
“(A) any alcohol fuel mixture (as defined in section 6426(b)(3)) or alcohol (as so defined) sold or used after December 31, 2010, and
“(B) any qualified biodiesel mixture (within the meaning of section 6426(c)(1)) or biodiesel (as so defined) or agri-biodiesel (as so defined) sold or used after December 31, 2005.”.
On page 82, line 4, strike “(e)” and insert “(e)(1)”.
On page 84, line 8, strike “(c)” and insert “(d)”.
On page 84, line 11, strike “(d)” and insert “(e)”.
Beginning on page 86, line 25, strike “with the” and all that follows through page 87, line 2, and insert the following: “with the latest standards of chapter 4 of the International Energy Conservation Code approved by the Department of Energy before the construction of such qualifying new home and any applicable Federal minimum efficiency standards for equipment,”.
On page 88, between lines 11 and 12, insert the following:
“(3) Provider limitation.--Any eligible contractor who directly or indirectly provides the guarantee of energy savings under a guarantee-based method of certification described in subsection (d)(1)(D) shall not be eligible to receive the credit allowed by this section.
On page 89, line 2, insert “or system” after “cooling equipment”.
On page 90, line 10, strike “or” and insert a comma.
On page 90, line 11, insert “or a guarantee-based method,” after “method,”.
On page 91, strike lines 12 through 15 and insert the following:
“(II) constructed in accordance with the latest standards of chapter 4 of the International Energy Conservation Code approved by the Department of Energy before the construction of such qualifying new home and any applicable Federal minimum efficiency standards for equipment.
On page 91, line 22, strike “Such” and all that follows through page 92, line 2.
On page 92, between lines 2 and 3, insert the following:
“(D) Guarantee-based method.--
“(i) In general.--A guarantee-based method is a method which guarantees in writing to the homeowner energy savings of either 30 percent or 50 percent over the 2000 International Energy Conservation Code for heating and cooling costs. The guarantee shall be provided for a minimum of 2 years and shall fully reimburse the homeowner any heating and cooling costs in excess of the guaranteed amount.
“(ii) Computer software.--Computer software shall be selected by the provider to support the guarantee-based method certification under clause (i). Such software shall meet procedures and methods for calculating energy and cost savings in regulations promulgated by the Secretary of Energy.
On page 92, line 9, insert “or a guarantee-based method” after “method”.
On page 94, line 13, insert “and guarantee-based” after “based”.
On page 105, strike lines 6 through 19 and insert the following:
“(C) for property described in subsection (d)(6)--
“(i) $150 for each electric heat pump water heater,
“(ii) $125 for each advanced natural gas, oil, propane furnace, or hot water boiler,
“(iii) $150 for each advanced natural gas, oil, or propane water heater,
“(iv) $50 for each natural gas, oil, or propane water heater,
“(v) $50 for an advanced main air circulating fan,
“(vi) $150 for each advanced combination space and water heating system,
“(vii) $50 for each combination space and water heating system, and
“(viii) $250 for each geothermal heat pump.
On page 106, line 18, insert “for property described in subsection (d)(6)(B)(viii)” after “(EER)”.
On page 109, strike lines 12 through 17.
On page 109, line 18, strike “(iii)” and insert “(ii)”.
On page 109, lines 18 and 19, strike “or propane furnace” and insert “propane furnace, or hot water boiler”.
On page 109, strike lines 22 through 25.
On page 110, strike lines 1 through 7 and insert the following:
“(iii) an advanced natural gas, oil, or propane water heater which has an energy factor of at least 0.80 in the standard Department of Energy test procedure,
“(iv) a natural gas, oil, or propane water heater which has an energy factor of at least 0.65 but less than 0.80 in the standard Department of Energy test procedure,
“(v) an advanced main air circulating fan used in a new natural gas, propane, or oil-fired furnace, including main air circulating fans that use a brushless permanent magnet motor or another type of motor which achieves similar or higher efficiency at half and full speed, as determined by the Secretary,
“(vi) an advanced combination space and water heating system which has a combined energy factor of at least 0.80 and a combined annual fuel utilization efficiency (AFUE) of at least 78 percent in the standard Department of Energy test procedure,
“(vii) a combination space and water heating system which has a combined energy factor of at least 0.65 but less than 0.80 and a combined annual fuel utilization efficiency (AFUE) of at least 78 percent in the standard Department of Energy test procedure, and
“(viii) a geothermal heat pump which has an energy efficiency ratio (EER) of at least 21.
On page 139, strike lines 7 and 8 and insert the following: “meet or exceed the latest prescriptive criteria for such component in the International Energy Conservation Code approved by the Department of Energy before the installation of such component,”.
On page 141, line 10, strike “Such” and all that follows through line 15.
On page 141, line 19, strike “by”.
On page 146, strike lines 17 through 19 and insert the following:
(1) In general.--Section 25D(b), as added by subsection (a), is amended--
(A) by striking “The credit” and inserting the following:
“(1) Dollar amount.--The credit”, and
(B) by adding at the end the following new paragraph:
On page 146, line 20, strike “(3)” and insert “(2)”.
On page 147, line 9, strike “(b)(3)” and insert “(b)(2)”.
On page 153, strike lines 13 and 14 and insert the following:
“(B) uses an input of at least 75 percent coal to produce at least 50 percent of its thermal output as electricity,
On page 157, line 2, strike “section 45(d)” and insert “section 45(e)”.
On page 177, line 21, strike “(2), and (6)” and insert “, (2), and (6)”.
On page 180, after line 10, strike “40.6” both places it appears and insert “40.2”.
On page 180, after line 10, strike “40” both places it appears and insert “39”.
On page 181, between lines 3 and 4, strike “43.6” both places it appears and insert “43.9”.
On page 181, between lines 6 and 7, strike “44.2” both places it appears and insert “46.3”.
On page 181, between lines 6 and 7, strike “43.9” and insert “44.2”.
On page 182, line 11, strike “section 45(d)” and insert “section 45(e)”.
On page 198, line 25, insert “with respect to any facility” after “taxable year”.
On page 199, line 2, insert “with respect to such facility” after “taxable year”.
On page 199, line 9, strike “a small business refiner” and insert “any facility”.
On page 200, line 16, insert “for all facilities of the taxpayer” after “of which ”.
On page 200, line 18, strike “205,000” and insert “410,000”.
On page 219, line 24, insert “, as amended by this Act,” after “rules)”.
On page 220, line 1, strike “(9)” and insert “(10)”.
On page 222, strike lines 1 through 4 and insert the following:
(e) Effective Dates.--
(1) In general.--Except as provided in paragraph (2), the amendments made by this section shall apply to fuel sold after the date of the enactment of this Act, in taxable years ending after such date.
(2) Existing facilities.--The amendments made by subsection (c) shall apply to fuel sold after December 31, 2002, in taxable years ending after such date.
On page 227, line 1, strike “the taxpayer” and insert “such person or entity”.
On page 227, beginning on line 10, strike “operating” and all that follows through “production.” on line 12, and insert the following: “such persons or entities. Production otherwise attributable to a United States tax-exempt person or entity by reason of a royalty interest shall be attributable to such person or entity with respect to whom royalty-in-value production remains or to whom royalty-in-kind production is sold.”.
On page 228, line 7, strike “15 years” and insert “25 years”.
On page 231, strike lines 4 and 5 and insert the following:
“(B) is--
“(i) placed in service after December 31, 2012, or
“(ii) treated as placed in service on January 1, 2013, if the taxpayer who places such system in service before January 1, 2013, elects such treatment.
On page 231, strike lines 14 through 17 and insert the following:
“(d) Effective Date.--The amendments made by this section shall apply to property placed in service on or after the date of the enactment of this Act.
On page 237, between lines 18 and 19, insert the following:
SEC. 514. EXTENSION OF ENHANCED OIL RECOVERY CREDIT TO CERTAIN ALASKA FACILITIES.
(a) In General.--Section 43(c)(1) (defining qualified enhanced oil recovery costs) is amended by adding at the end the following new subparagraph:
“(D) Any amount which is paid or incurred during the taxable year to construct a gas treatment plant which--
“(i) is located in the area of the United States (within the meaning of section 638(1)) lying north of 64 degrees North latitude,
“(ii) prepares Alaska natural gas (as defined in section 45M(c)(1)) for transportation through a pipeline with a capacity of at least 2,000,000,000,000 Btu of natural gas per day, and
“(iii) produces carbon dioxide which is injected into hydrocarbon-bearing geological formations.”.
(b) Effective Date.--The amendment made by this section shall apply to costs paid or incurred in taxable years beginning after December 31, 2003.
Legislative Activity
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Senate amendment submitted
July 30, 2003