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H.R. 5147 (ih) To prohibit the importation of diamonds mined in certain countries, and for other purposes. [Introduced in House] ...


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108th CONGRESS
  2d Session
                                H. R. 5146

 To amend the Internal Revenue Code of 1986 to provide incentives for 
            alternative fuels and alternative fuel vehicles.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 23, 2004

   Mr. Ruppersberger (for himself and Mr. Gilchrest) 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 provide incentives for 
            alternative fuels and alternative fuel vehicles.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    (a) Short Title.--This Act may be cited as the ``Common Sense 
Automobile Efficiency Act of 2004''.
    (b) Amendment of 1986 Code.--Except as otherwise expressly 
provided, whenever in this Act an amendment or repeal is expressed in 
terms of an amendment to, or repeal of, a section or other provision, 
the reference shall be considered to be made to a section or other 
provision of the Internal Revenue Code of 1986.

SEC. 2. REPEAL OF PHASEOUTS FOR QUALIFIED ELECTRIC VEHICLE CREDIT AND 
              DEDUCTION FOR CLEAN-FUEL VEHICLES.

    (a) Credit for Qualified Electric Vehicles.--Subsection (b) of 
section 30 (relating to limitations) is amended by striking paragraph 
(2) and redesignating paragraph (3) as paragraph (2).
    (b) Deduction for Clean-Fuel Vehicles and Certain Refueling 
Property.--Paragraph (1) of section 179A(b) (relating to qualified 
clean-fuel vehicle property) is amended to read as follows:
            ``(1) Qualified clean-fuel vehicle property.--The cost 
        which may be taken into account under subsection (a)(1)(A) with 
        respect to any motor vehicle shall not exceed--
                    ``(A) in the case of a motor vehicle not described 
                in subparagraph (B) or (C), $2,000,
                    ``(B) in the case of any truck or van with a gross 
                vehicle weight rating greater than 10,000 pounds but 
                not greater than 26,000 pounds, $5,000, or
                    ``(C) $50,000 in the case of--
                            ``(i) a truck or van with a gross vehicle 
                        weight rating greater than 26,000 pounds, or
                            ``(ii) any bus which has a seating capacity 
                        of at least 20 adults (not including the 
                        driver).''.
    (c) Effective Date.--The amendments made by this section shall 
apply to property placed in service after the date of the enactment of 
this Act.

SEC. 3. ALTERNATIVE MOTOR VEHICLE CREDIT.

    (a) In General.--Subpart B of part IV of subchapter A of chapter 1 
(relating to foreign tax credit, etc.) is amended by adding at the end 
the following:

``SEC. 30B. ALTERNATIVE MOTOR VEHICLE CREDIT.

    ``(a) Allowance of Credit.--There shall be allowed as a credit 
against the tax imposed by this chapter for the taxable year an amount 
equal to the sum of--
            ``(1) the new qualified fuel cell motor vehicle credit 
        determined under subsection (b),
            ``(2) the new advanced lean burn technology motor vehicle 
        credit determined under subsection (c),
            ``(3) the new qualified hybrid motor vehicle credit 
        determined under subsection (d), and
            ``(4) the new qualified alternative fuel motor vehicle 
        credit determined under subsection (e).
    ``(b) New Qualified Fuel Cell Motor Vehicle Credit.--
            ``(1) In general.--For purposes of subsection (a), the new 
        qualified fuel cell motor vehicle credit determined under this 
        subsection with respect to a new qualified fuel cell motor 
        vehicle placed in service by the taxpayer during the taxable 
        year shall be determined in accordance with the following 
        table:

``In the case of a vehicle which                      The new qualified
        has a gross vehicle weight                      fuel cell motor
        rating of--                                 vehicle credit is--
    Not more than 8,500 lbs.......................              $4,000 
    More than 8,500 lbs but not more than 14,000               $10,000 
        lbs.
    More than 14,000 lbs but not more than 26,000              $20,000 
        lbs.
    More than 26,000 lbs..........................             $40,000.
            ``(2) Increase for fuel efficiency.--
                    ``(A) In general.--The amount determined under 
                paragraph (1) with respect to a new qualified fuel cell 
                motor vehicle which is a passenger automobile or light 
                truck shall be increased by the additional credit 
                amount.
                    ``(B) Additional credit amount.--For purposes of 
                subparagraph (A), the additional credit amount shall be 
                determined in accordance with the following table:

``In the case of a vehicle which                                       
        achieves a fuel economy                                        
        (expressed as a percentage                       The additional
        of the 2002 model year city                       credit amount
        fuel economy) of--                                         is--
    At least 150 percent but less than 175 percent              $1,000 
    At least 175 percent but less than 200 percent              $1,500 
    At least 200 percent but less than 225 percent              $2,000 
    At least 225 percent but less than 250 percent              $2,500 
    At least 250 percent but less than 275 percent              $3,000 
    At least 275 percent but less than 300 percent              $3,500 
    At least 300 percent..........................              $4,000.
            ``(3) New qualified fuel cell motor vehicle.--For purposes 
        of this subsection, the term `new qualified fuel cell motor 
        vehicle' means a motor vehicle--
                    ``(A) which is propelled by power derived from one 
                or more cells which convert chemical energy directly 
                into electricity by combining oxygen with hydrogen fuel 
                which is stored on board the vehicle in any form and 
                may or may not require reformation prior to use,
                    ``(B) which, in the case of a passenger automobile 
                or light truck, has received--
                            ``(i) a certificate of conformity under the 
                        Clean Air Act and meets or exceeds the 
                        equivalent qualifying California low emission 
                        vehicle standard under section 243(e)(2) of the 
                        Clean Air Act for that make and model year, and
                            ``(ii) a certificate that such vehicle 
                        meets or exceeds the Bin 5 Tier II emission 
                        standard established in regulations prescribed 
                        by the Administrator of the Environmental 
                        Protection Agency under section 202(i) of the 
                        Clean Air Act for that make and model year 
                        vehicle,
                    ``(C) the original use of which commences with the 
                taxpayer,
                    ``(D) which is acquired for use or lease by the 
                taxpayer and not for resale, and
                    ``(E) which is made by a manufacturer.
    ``(c) New Advanced Lean Burn Technology Motor Vehicle Credit.--
            ``(1) In general.--For purposes of subsection (a), the new 
        advanced lean burn technology motor vehicle credit determined 
        under this subsection with respect to a new advanced lean burn 
        technology motor vehicle placed in service by the taxpayer 
        during the taxable year is the credit amount determined under 
        paragraph (2).
            ``(2) Credit amount.--
                    ``(A) Fuel economy.--The credit amount determined 
                under this paragraph shall be determined in accordance 
                with the following table:

``In the case of a vehicle which                                       
        achieves a fuel economy                                        
        (expressed as a percentage                                     
        of the 2002 model year city                          The credit
        fuel economy) of--                                  amount is--
    At least 125 percent but less than 150 percent                $400 
    At least 150 percent but less than 175 percent                $800 
    At least 175 percent but less than 200 percent              $1,200 
    At least 200 percent but less than 225 percent              $1,600 
    At least 225 percent but less than 250 percent              $2,000 
    At least 250 percent..........................              $2,400.
                    ``(B) Conservation credit.--The amount determined 
                under subparagraph (A) with respect to a new advanced 
                lean burn technology motor vehicle shall be increased 
                by the conservation credit amount determined in 
                accordance with the following table:

``In the case of a vehicle which                                       
        achieves a lifetime fuel                       The conservation
        savings (expressed in                             credit amount
        gallons of gasoline) of--                                  is--
    At least 1,200 but less than 1,800............                $250 
    At least 1,800 but less than 2,400............                $500 
    At least 2,400 but less than 3,000............                $750 
    At least 3,000................................              $1,000.
            ``(3) New advanced lean burn technology motor vehicle.--For 
        purposes of this subsection, the term `new advanced lean burn 
        technology motor vehicle' means a passenger automobile or a 
        light truck--
                    ``(A) with an internal combustion engine which--
                            ``(i) is designed to operate primarily 
                        using more air than is necessary for complete 
                        combustion of the fuel,
                            ``(ii) incorporates direct injection,
                            ``(iii) achieves at least 125 percent of 
                        the 2002 model year city fuel economy, and
                            ``(iv) for 2004 and later model vehicles, 
                        has received a certificate that such vehicle 
                        meets or exceeds--
                                    ``(I) in the case of a vehicle 
                                having a gross vehicle weight rating of 
                                6,000 pounds or less, the Bin 5 Tier II 
                                emission standard established in 
                                regulations prescribed by the 
                                Administrator of the Environmental 
                                Protection Agency under section 202(i) 
                                of the Clean Air Act for that make and 
                                model year vehicle, and
                                    ``(II) in the case of a vehicle 
                                having a gross vehicle weight rating of 
                                more than 6,000 pounds but not more 
                                than 8,500 pounds, the Bin 8 Tier II 
                                emission standard which is so 
                                established,
                    ``(B) the original use of which commences with the 
                taxpayer,
                    ``(C) which is acquired for use or lease by the 
                taxpayer and not for resale, and
                    ``(D) which is made by a manufacturer.
            ``(4) Lifetime fuel savings.--For purposes of this 
        subsection, the term `lifetime fuel savings' means, in the case 
        of any new advanced lean burn technology motor vehicle, an 
        amount equal to the excess (if any) of--
                    ``(A) 120,000 divided by the 2002 model year city 
                fuel economy for the vehicle inertia weight class, over
                    ``(B) 120,000 divided by the city fuel economy for 
                such vehicle.
    ``(d) New Qualified Hybrid Motor Vehicle Credit.--
            ``(1) In general.--For purposes of subsection (a), the new 
        qualified hybrid motor vehicle credit determined under this 
        subsection with respect to a new qualified hybrid motor vehicle 
        placed in service by the taxpayer during the taxable year is 
        the credit amount determined under paragraph (2).
            ``(2) Credit amount.--
                    ``(A) Credit amount for passenger automobiles and 
                light trucks.--In the case of a new qualified hybrid 
                motor vehicle which is a passenger automobile or light 
                truck and which has a gross vehicle weight rating 
of not more than 8,500 pounds, the amount determined under this 
paragraph is the sum of the amounts determined under clauses (i) and 
(ii).
                            ``(i) Fuel economy.--The amount determined 
                        under this clause is the amount which would be 
                        determined under subsection (c)(2)(A) if such 
                        vehicle were a vehicle referred to in such 
                        subsection.
                            ``(ii) Conservation credit.--The amount 
                        determined under this clause is the amount 
                        which would be determined under subsection 
                        (c)(2)(B) if such vehicle were a vehicle 
                        referred to in such subsection.
                    ``(B) Credit amount for other motor vehicles.--
                            ``(i) In general.--In the case of any new 
                        qualified hybrid motor vehicle to which 
                        subparagraph (A) does not apply, the amount 
                        determined under this paragraph is the amount 
                        equal to the applicable percentage of the 
                        qualified incremental hybrid cost of the 
                        vehicle as certified under clause (v).
                            ``(ii) Applicable percentage.--For purposes 
                        of clause (i), the applicable percentage is--
                                    ``(I) 20 percent if the vehicle 
                                achieves an increase in city fuel 
                                economy relative to a comparable 
                                vehicle of at least 30 percent but less 
                                than 40 percent,
                                    ``(II) 30 percent if the vehicle 
                                achieves such an increase of at least 
                                40 percent but less than 50 percent, 
                                and
                                    ``(III) 40 percent if the vehicle 
                                achieves such an increase of at least 
                                50 percent.
                            ``(iii) Qualified incremental hybrid 
                        cost.--For purposes of this subparagraph, the 
                        qualified incremental hybrid cost of any 
                        vehicle is equal to the amount of the excess of 
                        the manufacturer's suggested retail price for 
                        such vehicle over such price for a comparable 
                        vehicle, to the extent such amount does not 
                        exceed--
                                    ``(I) $7,500, if such vehicle has a 
                                gross vehicle weight rating of not more 
                                than 14,000 pounds,
                                    ``(II) $15,000, if such vehicle has 
                                a gross vehicle weight rating of more 
                                than 14,000 pounds but not more than 
                                26,000 pounds, and
                                    ``(III) $30,000, if such vehicle 

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