S 3152 IS
106th CONGRESS
2d Session
S. 3152
To amend the Internal Revenue Code of 1986 to provide tax incentives
for distressed areas, and for other purposes.
IN THE SENATE OF THE UNITED STATES
October 3 (legislative day, SEPTEMBER 22), 2000
Mr. ROTH (for himself, Mr. MOYNIHAN, Mr. GRASSLEY, Mr. BAUCUS, Mr. HATCH, Mr.
ROCKEFELLER, Mr. MURKOWSKI, Mr. BREAUX, Mr. JEFFORDS, Mr. CONRAD, Mr. MACK, Mr.
GRAHAM, Mr. THOMPSON, Mr. KERREY, Mr. ROBB, and Mr. BRYAN) introduced the
following bill; which was read the first time
A BILL
To amend the Internal Revenue Code of 1986 to provide tax incentives
for distressed areas, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,
SECTION 1. SHORT TITLE; ETC.
(a) SHORT TITLE- This Act may be cited as the `Community Renewal and New
Markets Act of 2000'.
(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. 1. Short title; etc.
TITLE I--INCENTIVES FOR DISTRESSED COMMUNITIES
Subtitle A--Designation and Treatment of Renewal Zones
Sec. 101. Designation and treatment of renewal zones.
Subtitle B--Modification of Incentives for Empowerment Zones
Sec. 111. Extension of empowerment zone treatment through 2009.
Sec. 112. 15 percent employment credit for all empowerment zones
Sec. 113. Increased expensing under section 179.
Sec. 114. Higher limits on tax-exempt empowerment zone facility
bonds.
Sec. 115. Empowerment zone capital gain.
Sec. 116. Funding for Round II empowerment zones.
Subtitle C--Modification of Tax Incentives for DC Zone
Sec. 121. Extension of DC zone through 2006.
Sec. 122. Extension of DC zero percent capital gains rate.
Sec. 123. Gross income test for DC zone businesses.
Sec. 124. Expansion of DC homebuyer tax credit.
Subtitle D--New Markets Tax Credit
Sec. 131. New markets tax credit.
Subtitle E--Modification of Tax Incentives for Puerto Rico
Sec. 141. Modification of Puerto Rico economic activity tax
credit.
Subtitle F--Individual Development Accounts
Sec. 152. Structure and administration of qualified individual
development account programs.
Sec. 153. Procedures for opening an individual development account and
qualifying for matching funds.
Sec. 154. Contributions to individual development accounts.
Sec. 155. Deposits by qualified individual development account
programs.
Sec. 156. Withdrawal procedures.
Sec. 157. Certification and termination of qualified individual
development account programs.
Sec. 158. Reporting, monitoring, and evaluation.
Sec. 159. Account funds of program participants disregarded for purposes
of certain means-tested Federal programs.
Sec. 160. Matching funds for individual development accounts provided
through a tax credit for qualified financial institutions.
Sec. 161. Designation of earned income tax credit payments for deposit
to individual development accounts.
Subtitle G--Additional Incentives
Sec. 171. Exclusion of certain amounts received under the National
Health Service Corps Scholarship Program and the F. Edward Hebert Armed
Forces Health Professions Scholarship and Financial Assistance
Program.
Sec. 172. Extension of enhanced deduction for corporate donations of
computer technology.
Sec. 173. Extension of adoption tax credit.
Sec. 174. Tax treatment of Alaska Native Settlement Trusts.
Sec. 175. Treatment of Indian tribal governments under Federal
Unemployment Tax Act.
Sec. 176. Increase in social services block grant for FY 2001.
TITLE II--TAX INCENTIVES FOR AFFORDABLE HOUSING
Subtitle A--Low-Income Housing Credit
Sec. 201. Modification of State ceiling on low-income housing
credit.
Sec. 202. Modification to rules relating to basis of building which is
eligible for credit.
Subtitle B--Historic Homes
Sec. 211. Tax credit for renovating historic homes.
Subtitle C--Forgiven Mortgage Obligations
Sec. 221. Exclusion from gross income for certain forgiven mortgage
obligations.
Subtitle D--Mortgage Revenue Bonds
Sec. 231. Increase in purchase price limitation under mortgage subsidy
bond rules based on median family income.
Sec. 232. Mortgage financing for residences located in presidentially
declared disaster areas.
Subtitle E--Property and Casualty Insurance
Sec. 241. Exemption from income tax for State-created organizations
providing property and casualty insurance for property for which such
coverage is otherwise unavailable.
TITLE III--TAX INCENTIVES FOR URBAN AND RURAL INFRASTRUCTURE
Sec. 301. Increase in State ceiling on private activity bonds.
Sec. 302. Modifications to expensing of environmental remediation
costs.
Sec. 303. Broadband internet access tax credit.
Sec. 304. Credit to holders of qualified Amtrak bonds.
Sec. 305. Clarification of contribution in aid of construction.
Sec. 306. Recovery period for depreciation of certain leasehold
improvements.
TITLE IV--TAX RELIEF FOR FARMERS
Sec. 401. Farm, fishing, and ranch risk management accounts.
Sec. 402. Written agreement relating to exclusion of certain farm rental
income from net earnings from self-employment.
Sec. 403. Treatment of conservation reserve program payments as rentals
from real estate.
Sec. 404. Exemption of agricultural bonds from State volume cap.
Sec. 405. Modifications to section 512(b)(13).
Sec. 406. Charitable deduction for contributions of food
inventory.
Sec. 407. Income averaging for farmers and fishermen not to increase
alternative minimum tax liability.
Sec. 408. Cooperative marketing includes value-added processing through
animals.
Sec. 409. Declaratory judgment relief for section 521
cooperatives.
Sec. 410. Small ethanol producer credit.
Sec. 411. Payment of dividends on stock of cooperatives without reducing
patronage dividends.
TITLE V--TAX INCENTIVES FOR THE PRODUCTION OF ENERGY
Sec. 501. Election to expense geological and geophysical
expenditures.
Sec. 502. Election to expense delay rental payments
Sec. 503. 5-year net operating loss carryback for losses attributable to
operating mineral interests of independent oil and gas producers.
Sec. 504. Temporary suspension of percentage of depletion deduction
limitation based on 65 percent of taxable income.
Sec. 505. Tax credit for marginal domestic oil and natural gas well
production.
Sec. 506. Natural gas gathering lines treated as 7-year property.
Sec. 507. Clarification of treatment of pipeline transportation
income.
TITLE VI--TAX INCENTIVES FOR CONSERVATION
Sec. 601. Exclusion of 50 percent of gain on sales of land or interests
in land or water to eligible entities for conservation purposes.
Sec. 602. Expansion of estate tax exclusion for real property subject to
qualified conservation easement.
Sec. 603. Tax exclusion for cost-sharing payments under partners for
wildlife program.
Sec. 604. Incentive for certain energy efficient property used in
business.
Sec. 605. Extension and modification of tax credit for electricity
produced from biomass.
Sec. 606. Tax credit for certain energy efficient motor vehicles.
TITLE VII--ADDITIONAL TAX PROVISIONS
Sec. 701. Limitation on use of nonaccrual experience method of
accounting.
Sec. 702. Repeal of section 530(d) of the Revenue Act of 1978.
Sec. 703. Expansion of exemption from personal holding company tax for
lending or finance companies.
Sec. 704. Charitable contribution deduction for certain expenses
incurred in support of Native Alaskan subsistence whaling.
Sec. 705. Imposition of excise tax on persons who acquire structured
settlement payments in factoring transactions.
TITLE I--INCENTIVES FOR DISTRESSED COMMUNITIES
Subtitle A--Designation and Treatment of Renewal Zones
SEC. 101. DESIGNATION AND TREATMENT OF RENEWAL ZONES.
(a) IN GENERAL- Chapter 1 is amended by adding at the end the following
new subchapter:
`Subchapter X--Designation and Treatment of Renewal Zones
`Sec. 1400E. Designation and treatment of renewal zones.
`SEC. 1400E. DESIGNATION AND TREATMENT OF RENEWAL ZONES.
`(a) TREATMENT OF DESIGNATION- For purposes of this title, any area
designated as a renewal zone under this section shall be treated as an
empowerment zone.
`(1) RENEWAL ZONE DEFINED- For purposes of this title, the term `renewal
zone' means any area--
`(A) which is nominated by one or more local governments and the State
or States in which it is located for designation as a renewal zone
(hereafter in this section referred to as a `nominated area'),
and
`(B) which the appropriate Secretary designates as a renewal
zone.
`(2) Number of designations-
`(A) IN GENERAL- The appropriate Secretaries may designate not more
than 30 nominated areas as renewal zones.
`(B) MINIMUM DESIGNATION IN RURAL AREAS- Of the areas designated under
subparagraph (A), at least 6 must be areas--
`(i) which are within a local government jurisdiction or
jurisdictions with a population of less than 50,000, or
`(ii) which satisfy the requirements of section
1393(a)(2).
`(3) AREAS DESIGNATED BASED ON DEGREE OF POVERTY, ETC-
`(A) IN GENERAL- Except as otherwise provided in this section, the
nominated areas designated as renewal zones under this subsection shall be
those nominated areas with the highest average ranking with respect to the
criteria described in subparagraphs (B), (C), and (D) of subsection
(d)(3). For purposes of the preceding sentence, an area shall be ranked
within each such criterion on the basis of the amount by which the area
exceeds such criterion, with the area which exceeds such criterion by the
greatest amount given the highest ranking.
`(B) EXCEPTION WHERE INADEQUATE COURSE OF ACTION, ETC- An area shall
not be designated under subparagraph (A) if the appropriate Secretary
determines that the course of action described in subsection (e)(2) with
respect to such area is inadequate.
`(C) PRIORITY FOR 1 NOMINATED AREA IN EACH STATE- For purposes of this
subchapter, 1 nominated area within each State without any area designated
as an empowerment zone under section 1391 or 1400 shall be treated for
purposes of this paragraph as having the highest average with respect to
the criteria described in subparagraphs (B), (C), and (D) of subsection
(d)(3).
`(4) Limitation on designations-
`(A) PUBLICATION OF REGULATIONS- The Secretary of Housing and Urban
Development shall prescribe by regulation not later than 4 months after
the date of the enactment of this section, after consultation with the
Secretary of Agriculture--
`(i) the procedures for nominating an area under paragraph
(1)(A),
`(ii) the parameters relating to the size and population
characteristics of a renewal zone, and
`(iii) the manner in which nominated areas will be evaluated based
on the criteria specified in subsection (e).
`(B) TIME LIMITATIONS- The appropriate Secretaries may designate
nominated areas as renewal zones only during the period beginning on the
first day of the first month following the month in which the regulations
described in subparagraph (A) are prescribed and ending on December 31,
2001.
`(C) PROCEDURAL RULES- The appropriate Secretary shall not make any
designation of a nominated area as a renewal zone under paragraph (2)
unless--
`(i) the local governments and the States in which the nominated
area is located have the authority--
`(I) to nominate such area for designation as a renewal
zone,
`(II) to make the State and local commitments described in
subsection (e), and
`(III) to provide assurances satisfactory to the appropriate
Secretary that such commitments will be fulfilled,
`(ii) a nomination regarding such area is submitted in such a manner
and in such form, and contains such information, as the appropriate
Secretary shall by regulation prescribe, and
`(iii) the appropriate Secretary determines that any information
furnished is reasonably accurate.
`(5) NOMINATION PROCESS FOR INDIAN RESERVATIONS- For purposes of this
subchapter, in the case of a nominated area on an Indian reservation, the
reservation governing body (as determined by the Secretary of the Interior)
shall be treated as being both the State and local governments with respect
to such area.
`(c) PERIOD FOR WHICH DESIGNATION IS IN EFFECT-
`(1) IN GENERAL- Any designation of an area as a renewal zone shall
remain in effect during the period beginning on January 1, 2002, and ending
on the earliest of--
`(B) the termination date designated by the State and local
governments in their nomination, or
`(C) the date the appropriate Secretary revokes such
designation.
`(2) REVOCATION OF DESIGNATION- The appropriate Secretary may revoke the
designation under this section of an area if such Secretary determines that
the local government or the State in which the area is located--
`(A) has modified the boundaries of the area, or
`(B) is not complying substantially with, or fails to make progress in
achieving, the State or local commitments, respectively, described in
subsection (e).
`(d) Area and Eligibility Requirements-
`(1) IN GENERAL- The appropriate Secretary may designate a nominated
area as a renewal zone under subsection (b) only if the area meets the
requirements of paragraphs (2) and (3) of this subsection.
`(2) AREA REQUIREMENTS- A nominated area meets the requirements of this
paragraph if--
`(A) the area is within the jurisdiction of one or more local
governments,
`(B) the boundary of the area is continuous, and
`(i) has a population of not more than 200,000 and at
least--
`(I) 4,000 if any portion of such area (other than a rural area
described in subsection (b)(2)(B)(i)) is located within a metropolitan
statistical area (within the meaning of section 143(k)(2)(B)) which
has a population of 50,000 or greater, or
`(II) 1,000 in any other case, or
`(ii) is entirely within an Indian reservation (as determined by the
Secretary of the Interior).
`(3) ELIGIBILITY REQUIREMENTS- A nominated area meets the requirements
of this paragraph if the State and the local governments in which it is
located certify in writing (and the appropriate Secretary, after such review
of supporting data as such Secretary deems appropriate, accepts such
certification) that--
`(A) the area is one of pervasive poverty, unemployment, and general
distress,
`(B) the unemployment rate in the area, as determined by the most
recent available data, was at least 1 1/2 times the national unemployment
rate for the period to which such data relate,
`(C) the poverty rate for each population census tract within the
nominated area is at least 20 percent, and
`(D) in the case of an urban area, at least 70 percent of the
households living in the area have incomes below 80 percent of the median
income of households within the jurisdiction of the local government
(determined in the same manner as under section 119(b)(2) of the Housing
and Community Development Act of 1974).
`(4) CONSIDERATION OF OTHER FACTORS- The appropriate Secretary, in
selecting any nominated area for designation as a renewal zone under this
section--
`(A) shall take into account--
`(i) the extent to which such area has a high incidence of
crime,
`(ii) if such area has census tracts identified in the May 12, 1998,
report of the General Accounting Office regarding the identification of
economically distressed areas, or
`(iii) if such area (or portion thereof) has previously been
designated as an enterprise community under section 1391,
and
`(B) with respect to 1 of the areas to be designated under subsection
(b)(2)(B), may, in lieu of any criteria described in paragraph (3), take
into account the existence of outmigration from the area.
`(e) Required State and Local Commitments-
`(1) IN GENERAL- The appropriate Secretary may designate any nominated
area as a renewal zone under subsection (b) only if the local government and
the State in which the area is located agree in writing that, during any
period during which the area is a renewal zone, such governments will follow
a specified course of action which meets the requirements of paragraph (2)
and is designed to reduce the various burdens borne by employers or
employees in such area.
`(A) IN GENERAL- A course of action meets the requirements of this
paragraph if such course of action is a written document, signed by a
State (or local government) and neighborhood organizations, which
evidences a partnership between such State or government and
community-based organizations and which commits each signatory to specific
and measurable goals, actions, and timetables. Such course of action shall
include at least 4 of the following:
`(i) A reduction of tax rates or fees applying within the renewal
zone.
`(ii) An increase in the level of efficiency of local services
within the renewal zone.
`(iii) Crime reduction strategies, such as crime prevention
(including the provision of crime prevention services by nongovernmental
entities).
`(iv) Actions to reduce, remove, simplify, or streamline
governmental requirements applying within the renewal zone.
`(v) Involvement in the program by private entities, organizations,
neighborhood organizations, and community groups, particularly those in
the renewal zone, including a commitment from such private entities to
provide jobs and job training for, and technical, financial, or other
assistance to, employers, employees, and residents from the renewal
zone.
`(vi) The gift (or sale at below fair market value) of surplus real
property (such as land, homes, and commercial or industrial structures)
in the renewal zone to neighborhood organizations, community development
corporations, or private companies.
`(B) RECOGNITION OF PAST EFFORTS- For purposes of this section, in
evaluating the course of action agreed to by any State or local
government, the appropriate Secretary shall take into account the past
efforts of such State or local government in reducing the various burdens
borne by employers and employees in the area involved.
`(f) COORDINATION WITH TREATMENT OF ENTERPRISE COMMUNITIES- For purposes
of this title, the designation under section 1391 of any area as an enterprise
community shall cease to be in effect as of the date that the designation of
any portion of such area as a renewal zone takes effect.
`(g) DEFINITIONS AND SPECIAL RULES- For purposes of this subchapter--
`(1) APPROPRIATE SECRETARY- The term `appropriate Secretary' has the
meaning given such term by section 1393(a)(1).
`(2) GOVERNMENTS- If more than one government seeks to nominate an area
as a renewal zone, any reference to, or requirement of, this section shall
apply to all such governments.
`(3) LOCAL GOVERNMENT- The term `local government' means--
`(A) any county, city, town, township, parish, village, or other
general purpose political subdivision of a State, and
`(B) any combination of political subdivisions described in
subparagraph (A) recognized by the appropriate Secretary.
`(4) APPLICATION OF RULES RELATING TO CENSUS TRACTS- The rules of
section 1392(b)(4) shall apply.
`(5) CENSUS DATA- Population and poverty rate shall be determined by
using 1990 census data.'.
(b) AUDIT AND REPORT- Not later than January 31 of 2004, 2007, and 2010,
the Comptroller General of the United States shall, pursuant to an audit of
the renewal zone program established under section 1400E of the Internal
Revenue Code of 1986 (as added by subsection (a)), report to Congress on such
program and its effect on poverty, unemployment, and economic growth within
the designated renewal zones.
(c) CLERICAL AMENDMENT- The table of subchapters for chapter 1 is amended
by adding at the end the following new item:
`Subchapter X. Designation and Treatment of Renewal Zones.'.
Subtitle B--Modification of Incentives for Empowerment
Zones
SEC. 111. EXTENSION OF EMPOWERMENT ZONE TREATMENT THROUGH 2009.
Subparagraph (A) of section 1391(d)(1) (relating to period for which
designation is in effect) is amended to read as follows:
`(A)(i) in the case of an empowerment zone, December 31, 2009,
or
`(ii) in the case of an enterprise community, the close of the 10th
calendar year beginning on or after such date of designation,'.
SEC. 112. 15 PERCENT EMPLOYMENT CREDIT FOR ALL EMPOWERMENT ZONES
(a) 15 PERCENT CREDIT- Subsection (b) of section 1396 (relating to
empowerment zone employment credit) is amended--
(1) by striking paragraph (1) and inserting the following new
paragraph:
`(1) IN GENERAL- Except as provided in paragraph (2), the applicable
percentage is 15 percent.',
(2) by inserting `and thereafter' after `2005' in the table contained in
paragraph (2), and
(3) by striking the items relating to calendar years 2006 and 2007 in
such table.
(b) ALL EMPOWERMENT ZONES ELIGIBLE FOR CREDIT- Section 1396 is amended by
striking subsection (e).
(c) CONFORMING AMENDMENT- Subsection (d) of section 1400 is amended to
read as follows:
`(d) SPECIAL RULE FOR APPLICATION OF EMPLOYMENT CREDIT- With respect to
the DC Zone, section 1396(d)(1)(B) (relating to empowerment zone employment
credit) shall be applied by substituting `the District of Columbia' for `such
empowerment zone'.'.
(d) EFFECTIVE DATE- The amendments made by this section shall apply to
wages paid or incurred after December 31, 2001.
SEC. 113. INCREASED EXPENSING UNDER SECTION 179.
(a) IN GENERAL- Subparagraph (A) of section 1397A(a)(1) is amended by
striking `$20,000' and inserting `$35,000'.
(b) EXPENSING FOR PROPERTY USED IN DEVELOPABLE SITES- Section 1397A is
amended by striking subsection (c).
(c) EFFECTIVE DATE- The amendments made by this section shall apply to
taxable years beginning after December 31, 2001.
SEC. 114. HIGHER LIMITS ON TAX-EXEMPT EMPOWERMENT ZONE FACILITY BONDS.
(a) IN GENERAL- Paragraph (3) of section 1394(f) (relating to bonds for
empowerment zones designated under section 1391(g)) is amended to read as
follows:
`(3) EMPOWERMENT ZONE FACILITY BOND- For purposes of this subsection,
the term `empowerment zone facility bond' means any bond which would be
described in subsection (a) if--
`(A) in the case of obligations issued before January 1, 2002, only
empowerment zones designated under section 1391(g) were taken into account
under sections 1397C and 1397D, and
`(B) in the case of obligations issued after December 31, 2001, all
empowerment zones (other than the District of Columbia) were taken into
account under sections 1397C and 1397D.'.
(b) EFFECTIVE DATE- The amendments made by this section shall apply to
obligations issued after December 31, 2001.
SEC. 115. EMPOWERMENT ZONE CAPITAL GAIN.
(a) IN GENERAL- Part III of subchapter U of chapter 1 is amended--
(1) by redesignating subpart C as subpart D;
(2) by redesignating sections 1397B and 1397C as sections 1397C and
1397D, respectively; and
(3) by inserting after subpart B the following new subpart:
`Subpart C--Empowerment Zone Capital Gain
`Sec. 1397B. Empowerment zone capital gain.
`SEC. 1397B. EMPOWERMENT ZONE CAPITAL GAIN.
`(a) GENERAL RULE- Gross income shall not include qualified capital gain
from the sale or exchange of any qualified empowerment zone asset held for
more than 5 years.
`(b) PER TAXPAYER LIMITATION-
`(1) IN GENERAL- The amount of eligible gain which may be taken into
account under subsection (a) for the taxable year with respect to any
taxpayer shall not exceed $25,000,000, reduced by the aggregate amount of
eligible gain taken into account under subsection (a) for prior taxable
years with respect to such taxpayer.
`(2) ELIGIBLE GAIN- For purposes of this subsection, `eligible gain'
means any gain from the sale or exchange of a qualified empowerment zone
asset held for more than 5 years.
`(3) TREATMENT OF MARRIED INDIVIDUALS-
`(A) SEPARATE RETURNS- In the case of a separate return by a married
individual, paragraph (1) shall be applied by substituting `$12,500,000'
for `$25,000,000'.
`(B) ALLOCATION OF EXCLUSION- In the case of a joint return, the
amount of gain taken into account under subsection (a) shall be allocated
equally between the spouses for purposes of applying this subsection to
subsequent taxable years.
`(C) MARITAL STATUS- For purposes of this subsection, marital status
shall be determined under section 7703.
`(4) TREATMENT OF CORPORATE TAXPAYERS- For purposes of this
subsection--
`(A) all corporations which are members of the same controlled group
of corporations (within the meaning of section 52(a)) shall be treated as
1 taxpayer, and
`(B) any gain excluded under subsection (a) by a predecessor of any C
corporation shall be treated as having been excluded by such C
corporation.
`(c) QUALIFIED EMPOWERMENT ZONE ASSET- For purposes of this section--
`(1) IN GENERAL- The term `qualified empowerment zone asset'
means--
`(A) any qualified empowerment zone stock,
`(B) any qualified empowerment zone partnership interest, and
`(C) any qualified empowerment zone business property.
`(2) QUALIFIED EMPOWERMENT ZONE STOCK-
`(A) IN GENERAL- Except as provided in subparagraph (B), the term
`qualified empowerment zone stock' means any stock in a domestic
corporation if--
`(i) such stock is acquired by the taxpayer after the date of the
enactment of this section (December 31, 2001, in the case of a renewal
zone) and before January 1, 2010, at its original issue (directly or
through an underwriter) from the corporation solely in exchange for
cash,
`(ii) as of the time such stock was issued, such corporation was an
enterprise zone business (or, in the case of a new corporation, such
corporation was being organized for purposes of being an enterprise zone
business), and
`(iii) during substantially all of the taxpayer's holding period for
such stock, such corporation qualified as an enterprise zone
business.
`(B) REDEMPTIONS- A rule similar to the rule of section 1202(c)(3)
shall apply for purposes of this paragraph.
`(3) QUALIFIED EMPOWERMENT ZONE PARTNERSHIP INTEREST- The term
`qualified empowerment zone partnership interest' means any capital or
profits interest in a domestic partnership if--
`(A) such interest is acquired by the taxpayer after the date of the
enactment of this section (December 31, 2001, in the case of a renewal
zone) and before January 1, 2010, from the partnership solely in exchange
for cash,
`(B) as of the time such interest was acquired, such partnership was
an enterprise zone business (or, in the case of a new partnership, such
partnership was being organized for purposes of being an enterprise zone
business), and
`(C) during substantially all of the taxpayer's holding period for
such interest, such partnership qualified as an enterprise zone
business.
A rule similar to the rule of section 1202(c)(3) shall apply for
purposes of this paragraph.
`(4) QUALIFIED EMPOWERMENT ZONE BUSINESS PROPERTY-
`(A) IN GENERAL- The term `qualified empowerment zone business
property' means tangible property if--
`(i) such property was acquired by the taxpayer by purchase (as
defined in section 179(d)(2)) after the date of the enactment of this
section (December 31, 2001, in the case of a renewal zone) and before
January 1, 2010,
`(ii) the original use of such property in the empowerment zone
commences with the taxpayer, and
`(iii) during substantially all of the taxpayer's holding period for
such property, substantially all of the use of such property was in an
enterprise zone business of the taxpayer.
`(B) SPECIAL RULE FOR SUBSTANTIAL IMPROVEMENTS- The requirements of
clauses (i) and (ii) of subparagraph (A) shall be treated as satisfied
with respect to--
`(i) property which is substantially improved by the taxpayer before
January 1, 2010, and
`(ii) any land on which such property is located.
The determination of whether a property is substantially improved
shall be made under clause (ii) of section 1400B(b)(4)(B), except that
`the date of the enactment of this section' shall be substituted for
`December 31, 1997' in such clause.
`(c) QUALIFIED CAPITAL GAIN- For purposes of this section--
`(1) IN GENERAL- Except as otherwise provided in this subsection, the
term `qualified capital gain' means any gain recognized on the sale or
exchange of--
`(B) property used in the trade or business (as defined in section
1231(b)).
`(2) GAIN BEFORE EFFECTIVE DATE OR AFTER 2014 NOT QUALIFIED- The term
`qualified capital gain' shall not include any gain attributable to periods
before the date of the enactment of this section (January 1, 2002, in the
case of a renewal zone) or after December 31, 2014.
`(3) CERTAIN RULES TO APPLY- Rules similar to the rules of paragraphs
(3), (4), and (5) of section 1400B(e) shall apply for purposes of this
subsection.
`(d) CERTAIN RULES TO APPLY- For purposes of this section, rules similar
to the rules of paragraphs (5), (6), and (7) of subsection (b), and
subsections (f) and (g), of section 1400B shall apply; except that for such
purposes section 1400B(g)(2) shall be applied by substituting--
`(1) `the day after the date of the enactment of section 1397B' for
`January 1, 1998', and
`(2) `December 31, 2014' for `December 31, 2011'.
`(e) REGULATIONS- The Secretary shall prescribe such regulations as may be
appropriate to carry out the purposes of this section, including regulations
to prevent the avoidance of the purposes of this section.'.
(b) CONFORMING AMENDMENTS-
(1) Paragraph (2) of section 1394(b) is amended--
(A) by striking `section 1397C' and inserting `section 1397D';
and
(B) by striking `section 1397C(a)(2)' and inserting `section
1397D(a)(2)'.
(2) Paragraph (3) of section 1394(b) is amended--
(A) by striking `section 1397B' each place it appears and inserting
`section 1397C'; and
(B) by striking `section 1397B(d)' and inserting `section
1397C(d)'.
(3) Sections 1400(e) and 1400B(c) are each amended by striking `section
1397B' each place it appears and inserting `section 1397C'.
(4) The table of subparts for part III of subchapter U of chapter 1 is
amended by striking the last item and inserting the following new
items:
`Subpart C. Empowerment zone capital gain.
`Subpart D. General provisions.'.
(5) The table of sections for subpart D of such part III is amended to
read as follows:
`Sec. 1397C. Enterprise zone business defined.
`Sec. 1397D. Qualified zone property defined.'.
(c) EFFECTIVE DATE- The amendments made by this section shall apply to
qualified empowerment zone assets acquired after the date of the enactment of
this Act.
SEC. 116. FUNDING FOR ROUND II EMPOWERMENT ZONES.
(a) ENTITLEMENT- Section 2007(a)(1) of the Social Security Act (42 U.S.C.
1397f(a)(1)) is amended--
(1) in subparagraph (A), by striking `in the State; and' and inserting
`that is in the State and is designated pursuant to section 1391(b) of the
Internal Revenue Code of 1986;'; and
(2) by adding after subparagraph (B) the following new
subparagraphs:
`(C)(i) 1 grant under this section for each qualified empowerment zone
that is in an urban area in the State and is designated pursuant to
section 1391(g) of such Code; and
`(ii) 1 grant under this section for each qualified empowerment zone
that is in a rural area in the State and is designated pursuant to section
1391(g) of such Code; and
`(D) 1 grant under this section for each qualified enterprise
community that is in the State, is designated pursuant to section
1391(b)(1) of such Code, and is in existence on the date of enactment of
this subparagraph.'.
(b) AMOUNT OF GRANTS- Section 2007(a)(2) of the Social Security Act (42
U.S.C. 1397f(a)(2)) is amended--
(1) in the heading of subparagraph (A), by inserting `ORIGINAL' before
`EMPOWERMENT';
(2) in subparagraph (A), in the matter preceding clause (i), by
inserting `referred to in paragraph (1)(A)' after `empowerment zone';
(3) by redesignating subparagraph (C) as subparagraph (F); and
(4) by inserting after subparagraph (B) the following new
subparagraphs:
`(C) ADDITIONAL EMPOWERMENT GRANTS- The amount of the grant to a State
under this section for a qualified empowerment zone referred to in
paragraph (1)(C) shall be--
`(i) if the zone is in an urban area, $5,000,000 for fiscal year
2001; or
`(ii) if the zone is in a rural area, $2,000,000 for fiscal year
2001.
`(D) ADDITIONAL ENTERPRISE COMMUNITY GRANTS- The amount of the grant
to a State under this section for a qualified enterprise community
referred to in paragraph (1)(D) shall be $250,000.'.
(c) TIMING OF GRANTS- Section 2007(a)(3) of the Social Security Act (42
U.S.C. 1397f(a)(3)) is amended--
(1) in the heading of subparagraph (A), by inserting `ORIGINAL' before
`QUALIFIED';
(2) in subparagraph (A), in the matter preceding clause (i), by
inserting `referred to in paragraph (1)(A)' after `empowerment zone';
and
(3) by adding after subparagraph (B) the following new
subparagraphs:
`(C) ADDITIONAL QUALIFIED EMPOWERMENT ZONES- With respect to each
qualified empowerment zone referred to in paragraph (1)(C), the Secretary
shall make 1 grant under this section to the State in which the zone lies,
on January 1, 2002.
`(D) ADDITIONAL QUALIFIED ENTERPRISE COMMUNITIES- With respect to each
qualified enterprise community referred to in paragraph (1)(D), the
Secretary shall make 1 grant under this section to the State in which the
community lies on January 1, 2002.'.
(d) FUNDING- Section 2007(a)(4) of the Social Security Act (42 U.S.C.
1397f(a)(4)) is amended--
(1) by striking `(4) FUNDING- $1,000,000,000' and inserting the
following:
`(A) ORIGINAL GRANTS- $1,000,000,000';
(2) by inserting `for empowerment zones and enterprise communities
described in subparagraphs (A) and (B) of paragraph (1)' before the period;
and
(3) by adding after and below the end the following new
subparagraphs:
`(B) ADDITIONAL EMPOWERMENT ZONE GRANTS- $85,000,000 shall be made
available to the Secretary for grants under this section for empowerment
zones referred to in paragraph (1)(C).
`(C) ADDITIONAL ENTERPRISE COMMUNITY GRANTS- $22,000,000 shall be made
available to the Secretary for grants under this section for enterprise
communities referred to in paragraph (1)(D).'.
(e) DIRECT FUNDING FOR INDIAN TRIBES-
(1) IN GENERAL- Section 2007(a) of the Social Security Act (42 U.S.C.
1397f(a)) is amended by adding at the end the following new paragraph:
`(5) DIRECT FUNDING FOR INDIAN TRIBES-
`(A) IN GENERAL- The Secretary may make a grant under this section
directly to the governing body of an Indian tribe if--
`(i) the tribe is identified in the strategic plan of a qualified
empowerment zone or qualified enterprise community as the entity that
assumes sole or primary responsibility for carrying out activities and
projects under the grant; and
`(ii) the grant is to be used for activities and projects that
are--
`(I) included in the strategic plan of the qualified empowerment
zone or qualified enterprise community, consistent with this section;
and
`(II) approved by the Secretary of Agriculture, in the case of a
qualified empowerment zone or qualified enterprise community in a
rural area, or the Secretary of Housing and Urban Development, in the
case of a qualified empowerment zone or qualified enterprise community
in an urban area.
`(B) RULES OF INTERPRETATION-
`(i) If grant under this section is made directly to the governing
body of an Indian tribe under subparagraph (A), the tribe shall be
considered a State for purposes of this section.
`(ii) This subparagraph shall not be construed as making applicable
to this section the provisions of the Indian Self-Determination and
Education Assistance Act.'.
(2) DEFINITIONS- Section 2007(f) of such Act (42 U.S.C. 1397f(f)) is
amended by adding at the end the following new paragraph:
`(7) INDIAN TRIBE- The term `Indian tribe' means any Indian tribe, band,
nation, or other organized group or community, including any Alaska Native
village or regional or village corporation as defined in or established
pursuant to the Alaska Native Claims Settlement Act, which is recognized as
eligible for the special programs and services provided by the United States
to Indians because of their status as Indians.'.
Subtitle C--Modification of Tax Incentives for DC Zone
SEC. 121. EXTENSION OF DC ZONE THROUGH 2006.
(a) IN GENERAL- The following provisions are amended by striking `2002'
each place it appears and inserting `2006':
(b) ZERO CAPITAL GAINS RATE- Section 1400B (relating to zero percent
capital gains rate) is amended--
(1) by striking `2003' each place it appears and inserting `2007',
and
(2) by striking `2007' each place it appears and inserting `2011'.
SEC. 122. EXTENSION OF DC ZERO PERCENT CAPITAL GAINS RATE.
(a) IN GENERAL- Section 1400B (relating to zero percent capital gains
rate) is amended by adding at the end the following new subsection:
`(h) EXTENSION TO ENTIRE DISTRICT OF COLUMBIA- In applying this section to
any stock or partnership interest which is originally issued after December
31, 2000, or any tangible property acquired by the taxpayer by purchase after
December 31, 2000--
`(1) subsection (d) shall be applied without regard to paragraph (2)
thereof, and
`(2) subsections (e)(2) and (g)(2) shall be applied by substituting
`January 1, 2001' for `January 1, 1998'.'.
(b) EFFECTIVE DATE- The amendment made by this section shall take effect
on January 1, 2001.
SEC. 123. GROSS INCOME TEST FOR DC ZONE BUSINESSES.
(a) IN GENERAL- Section 1400B(c) (defining DC Zone business) is amended by
adding `and' at the end of paragraph (1), by striking paragraph (2), and by
redesignating paragraph (3) as paragraph (2).
(b) EFFECTIVE DATE- The amendment made by this section shall apply to
stock and partnership interests originally issued after, and property
originally acquired by the taxpayer after, December 31, 2000.
SEC. 124. EXPANSION OF DC HOMEBUYER TAX CREDIT.
(a) EXTENSION- Section 1400C(i) (relating to application of section) is
amended by striking `2002' and inserting `2004'.
(b) EXPANSION OF INCOME LIMITATION- Section 1400C(b)(1) (relating to
limitation based on modified adjusted gross income) is amended--
(1) by striking `$110,000' in subparagraph (A)(i) and inserting
`$140,000', and
(2) by inserting `($40,000 in the case of a joint return)' after
`$20,000' in subparagraph (B).
(c) EFFECTIVE DATE- The amendments made by this section shall apply to
taxable years beginning after December 31, 2000.
Subtitle D--New Markets Tax Credit
SEC. 131. NEW MARKETS TAX CREDIT.
(a) IN GENERAL- Subpart D of part IV of subchapter A of chapter 1
(relating to business-related credits) is amended by adding at the end the
following new section:
`SEC. 45D. NEW MARKETS TAX CREDIT.
`(a) ALLOWANCE OF CREDIT-
`(1) IN GENERAL- For purposes of section 38, in the case of a taxpayer
who holds a qualified equity investment on a credit allowance date of such
investment which occurs during the taxable year, the new markets tax credit
determined under this section for such taxable year is an amount equal to
the applicable percentage of the amount paid to the qualified community
development entity for such investment at its original issue.
`(2) APPLICABLE PERCENTAGE- For purposes of paragraph (1), the
applicable percentage is--
`(A) 5 percent with respect to the first three credit allowance dates,
and
`(B) 6 percent with respect to the remainder of the credit allowance
dates.
`(3) CREDIT ALLOWANCE DATE- For purposes of paragraph (1), the term
`credit allowance date' means, with respect to any qualified equity
investment--
`(A) the date on which such investment is initially made, and
`(B) each of the six anniversary dates of such date
thereafter.
`(b) QUALIFIED EQUITY INVESTMENT- For purposes of this section--
`(1) IN GENERAL- The term `qualified equity investment' means any equity
investment in a qualified community development entity if--
`(A) such investment is acquired by the taxpayer at its original issue
(directly or through an underwriter) solely in exchange for cash,
`(B) substantially all of such cash is used by the qualified community
development entity to make qualified low-income community investments,
and
`(C) such investment is designated for purposes of this section by the
qualified community development entity.
Such term shall not include any equity investment issued by a qualified
community development entity more than 5 years after the date that such
entity receives an allocation under subsection (f). Any allocation not used
within such 5-year period may be reallocated by the Secretary under
subsection (f).
`(2) LIMITATION- The maximum amount of equity investments issued by a
qualified community development entity which may be designated under
paragraph (1)(C) by such entity shall not exceed the portion of the
limitation amount allocated under subsection (f) to such entity.
`(3) SAFE HARBOR FOR DETERMINING USE OF CASH- The requirement of
paragraph (1)(B) shall be treated as met if at least 85 percent of the
aggregate gross assets of the qualified community development entity are
invested in qualified low-income community investments.
`(4) TREATMENT OF SUBSEQUENT PURCHASERS- The term `qualified equity
investment' includes any equity investment which would (but for paragraph
(1)(A)) be a qualified equity investment in the hands of the taxpayer if
such investment was a qualified equity investment in the hands of a prior
holder.
`(5) REDEMPTIONS- A rule similar to the rule of section 1202(c)(3) shall
apply for purposes of this subsection.
`(6) EQUITY INVESTMENT- The term `equity investment' means--
`(A) any stock (other than nonqualified preferred stock as defined in
section 351(g)(2)) in an entity which is a corporation, and
`(B) any capital interest in an entity which is a
partnership.
`(c) QUALIFIED COMMUNITY DEVELOPMENT ENTITY- For purposes of this
section--
`(1) IN GENERAL- The term `qualified community development entity' means
any domestic corporation or partnership if--
`(A) the primary mission of the entity is serving, or providing
investment capital for, low-income communities or low-income
persons,
`(B) the entity maintains accountability to residents of low-income
communities through their representation on any governing board of the
entity or on any advisory boards to the entity, and
`(C) the entity is certified by the Secretary for purposes of this
section as being a qualified community development entity.
`(2) SPECIAL RULES FOR CERTAIN ORGANIZATIONS- The requirements of
paragraph (1) shall be treated as met by--
`(A) any specialized small business investment company (as defined in
section 1044(c)(3)), and
`(B) any community development financial institution (as defined in
section 103 of the Community Development Banking and Financial
Institutions Act of 1994 (12 U.S.C. 4702)).
`(d) QUALIFIED LOW-INCOME COMMUNITY INVESTMENTS- For purposes of this
section--
`(1) IN GENERAL- The term `qualified low-income community investment'
means--
`(A) any capital or equity investment in, or loan to, any qualified
active low-income community business,
`(B) the purchase from another community development entity of any
loan made by such entity which is a qualified low-income community
investment,
`(C) financial counseling and other services specified in regulations
prescribed by the Secretary to businesses located in, and residents of,
low-income communities, and
`(D) any equity investment in, or loan to, any qualified community
development entity.
`(2) QUALIFIED ACTIVE LOW-INCOME COMMUNITY BUSINESS-
`(A) IN GENERAL- For purposes of paragraph (1), the term `qualified
active low-income community business' means, with respect to any taxable
year, any corporation (including a nonprofit corporation) or partnership
if for such year--
`(i) at least 50 percent of the total gross income of such entity is
derived from the active conduct of a qualified business within any
low-income community,
`(ii) a substantial portion of the use of the tangible property of
such entity (whether owned or leased) is within any low-income
community,
`(iii) a substantial portion of the services performed for such
entity by its employees are performed in any low-income
community,
`(iv) less than 5 percent of the average of the aggregate unadjusted
bases of the property of such entity is attributable to collectibles (as
defined in section 408(m)(2)) other than collectibles that are held
primarily for sale to customers in the ordinary course of such business,
and
`(v) less than 5 percent of the average of the aggregate unadjusted
bases of the property of such entity is attributable to nonqualified
financial property (as defined in section 1397C(e)).
`(B) PROPRIETORSHIP- Such term shall include any business carried on
by an individual as a proprietor if such business would meet the
requirements of subparagraph (A) were it incorporated.
`(C) PORTIONS OF BUSINESS MAY BE QUALIFIED ACTIVE LOW-INCOME COMMUNITY
BUSINESS- The term `qualified active low-income community business'
includes any trades or businesses which would qualify as a qualified
active low-income community business if such
trades or businesses were separately incorporated.
`(3) QUALIFIED BUSINESS- For purposes of this subsection, the term
`qualified business' has the meaning given to such term by section 1397C(d);
except that--
`(A) in lieu of applying paragraph (2)(B) thereof, the rental to
others of real property located in any low-income community shall be
treated as a qualified business if there are substantial improvements
located on such property, and
`(B) paragraph (3) thereof shall not apply.
`(e) LOW-INCOME COMMUNITY- For purposes of this section--
`(1) IN GENERAL- The term `low-income community' means any population
census tract if--
`(A) the poverty rate for such tract is at least 20 percent,
or
`(B)(i) in the case of a tract not located within a metropolitan area,
the median family income for such tract does not exceed 80 percent of
statewide median family income, or
`(ii) in the case of a tract located within a metropolitan area, the
median family income for such tract does not exceed 80 percent of the
greater of statewide median family income or the metropolitan area median
family income.
`(2) TARGETED AREAS- The Secretary may designate any area within any
census tract as a low-income community if--
`(A) the boundary of such area is continuous,
`(B) the area would satisfy the requirements of paragraph (1) if it
were a census tract, and
`(C) an inadequate access to investment capital exists in such
area.
`(3) AREAS NOT WITHIN CENSUS TRACTS- In the case of an area which is not
tracted for population census tracts, the equivalent county divisions (as
defined by the Bureau of the Census for purposes of defining poverty areas)
shall be used for purposes of determining poverty rates and median family
income.
`(f) NATIONAL LIMITATION ON AMOUNT OF INVESTMENTS DESIGNATED-
`(1) IN GENERAL- There is a new markets tax credit limitation for each
calendar year. Such limitation is--
`(A) $1,000,000,000 for 2002, and
`(B) $1,500,000,000 for 2003, 2004, 2005, and 2006.
`(2) ALLOCATION OF LIMITATION- The limitation under paragraph (1) shall
be allocated by the Secretary among qualified community development entities
selected by the Secretary. In making allocations under the preceding
sentence, the Secretary shall give priority to any entity--
`(A) with a record of having successfully provided capital or
technical assistance to disadvantaged businesses or communities,
or
`(B) which intends to satisfy the requirement under subsection
(b)(1)(B) by making qualified low-income community investments in 1 or
more businesses in which persons unrelated to such entity (within the
meaning of section 267(b) or 707(b)(1)) hold the majority equity
interest.
`(3) CARRYOVER OF UNUSED LIMITATION- If the new markets tax credit
limitation for any calendar year exceeds the aggregate amount allocated
under paragraph (2) for such year, such limitation for the succeeding
calendar year shall be increased by the amount of such excess. No amount may
be carried under the preceding sentence to any calendar year after
2013.
`(g) RECAPTURE OF CREDIT IN CERTAIN CASES-
`(1) IN GENERAL- If, at any time during the 7-year period beginning on
the date of the original issue of a qualified equity investment in a
qualified community development entity, there is a recapture event with
respect to such investment, then the tax imposed by this chapter for the
taxable year in which such event occurs shall be increased by the credit
recapture amount.
`(2) CREDIT RECAPTURE AMOUNT- For purposes of paragraph (1), the credit
recapture amount is an amount equal to the sum of--
`(A) the aggregate decrease in the credits allowed to the taxpayer
under section 38 for all prior taxable years which would have resulted if
no credit had been determined under this section with respect to such
investment, plus
`(B) interest at the underpayment rate established under section 6621
on the amount determined under subparagraph (A) for each prior taxable
year for the period beginning on the due date for filing the return for
the prior taxable year involved.
No deduction shall be allowed under this chapter for interest described
in subparagraph (B).
`(3) RECAPTURE EVENT- For purposes of paragraph (1), there is a
recapture event with respect to an equity investment in a qualified
community development entity if--
`(A) such entity ceases to be a qualified community development
entity,
`(B) the proceeds of the investment cease to be used as required of
subsection (b)(1)(B), or
`(C) such investment is redeemed by such entity.
`(A) TAX BENEFIT RULE- The tax for the taxable year shall be increased
under paragraph (1) only with respect to credits allowed by reason of this
section which were used to reduce tax liability. In the case of credits
not so used to reduce tax liability, the carryforwards and carrybacks
under section 39 shall be appropriately adjusted.
`(B) NO CREDITS AGAINST TAX- Any increase in tax under this subsection
shall not be treated as a tax imposed by this chapter for purposes of
determining the amount of any credit under this chapter or for purposes of
section 55.
`(h) BASIS REDUCTION- The basis of any qualified equity investment shall
be reduced by the amount of any credit determined under this section with
respect to such investment. This subsection shall not apply for purposes of
sections 1202, 1397B, and 1400B.
`(i) REGULATIONS- The Secretary shall prescribe such regulations as may be
appropriate to carry out this section, including regulations--
`(1) which limit the credit for investments which are directly or
indirectly subsidized by other Federal tax benefits (including the credit
under section 42 and the exclusion from gross income under section
103),
`(2) which prevent the abuse of the purposes of this section,
`(3) which provide rules for determining whether the requirement of
subsection (b)(1)(B) is treated as met,
`(4) which impose appropriate reporting requirements, and
`(5) which apply the provisions of this section to newly formed
entities.'.
(b) CREDIT MADE PART OF GENERAL BUSINESS CREDIT-
(1) IN GENERAL- Subsection (b) of section 38 is amended by striking
`plus' at the end of paragraph (11), by striking the period at the end of
paragraph (12) and inserting `, plus', and by adding at the end the
following new paragraph:
`(13) the new markets tax credit determined under section
45D(a).'.
(2) LIMITATION ON CARRYBACK- Subsection (d) of section 39 is amended by
adding at the end the following new paragraph:
`(9) NO CARRYBACK OF NEW MARKETS TAX CREDIT BEFORE JANUARY 1, 2002- No
portion of the unused business credit for any taxable year which is
attributable to the credit under section 45D may be carried back to a
taxable year ending before January 1, 2002.'.
(c) DEDUCTION FOR UNUSED CREDIT- Subsection (c) of section 196 is amended
by striking `and' at the end of paragraph (7), by striking the period at the
end of paragraph (8) and inserting `, and', and by adding at the end the
following new paragraph:
`(9) the new markets tax credit determined under section 45D(a).'.
(d) CLERICAL AMENDMENT- The table of sections for subpart D of part IV of
subchapter A of chapter 1 is amended by adding at the end the following new
item:
`Sec. 45D. New markets tax credit.'.
(e) EFFECTIVE DATE- The amendments made by this section shall apply to
investments made after December 31, 2001.
(f) REGULATIONS ON ALLOCATION OF NATIONAL LIMITATION- Not later than 120
days after the date of the enactment of this Act, the Secretary of the
Treasury or the Secretary's delegate shall prescribe regulations which
specify--
(1) how entities shall apply for an allocation under section 45D(f)(2)
of the Internal Revenue Code of 1986, as added by this section;
(2) the competitive procedure through which such allocations are made;
and
(3) the actions that such Secretary or delegate shall take to ensure
that such allocations are properly made to appropriate entities.
(g) AUDIT AND REPORT- Not later than January 31 of 2004 and 2007, the
Comptroller General of the United States shall, pursuant to an audit of the
new markets tax credit program established under section 45D of the Internal
Revenue Code of 1986 (as added by subsection (a)), report to Congress on such
program, including all qualified community development entities that receive
an allocation under the new markets credit under such section.
Subtitle E--Modification of Tax Incentives for Puerto Rico
SEC. 141. MODIFICATION OF PUERTO RICO ECONOMIC ACTIVITY TAX CREDIT.
(a) CORPORATIONS ELIGIBLE TO CLAIM CREDIT- Section 30A(a)(2) (defining
qualified domestic corporation) is amended to read as follows:
`(2) QUALIFIED DOMESTIC CORPORATION- For purposes of paragraph
(1)--
`(A) IN GENERAL- A domestic corporation shall be treated as a
qualified domestic corporation for a taxable year if it is actively
conducting within Puerto Rico during the taxable year--
`(i) a line of business with respect to which the domestic
corporation is an existing credit claimant under section 936(j)(9),
or
`(ii) with respect to taxable years ending after December 31, 2000,
an eligible line of business not described in clause (i) with respect to
which the domestic corporation is an existing credit claimant under
section 936(j)(9) (determined without regard to subparagraph (B)
thereof).
`(B) LIMITATION TO LINES OF BUSINESS- A domestic corporation shall be
treated as a qualified domestic corporation under subparagraph (A) only
with respect to the lines of business described in subparagraph (A) which
it is actively conducting in Puerto Rico during the taxable year.
`(C) EXCEPTION FOR CORPORATIONS ELECTING REDUCED CREDIT- A domestic
corporation shall not be treated as a qualified domestic corporation if
such corporation (or any predecessor) had an election in effect under
section 936(a)(4)(B)(iii) for any taxable year beginning after December
31, 1996.'.
(b) APPLICATION ON SEPARATE LINE OF BUSINESS BASIS; ELIGIBLE LINE OF
BUSINESS- Section 30A is amended by redesignating subsection (g) as subsection
(h) and by inserting after subsection (f) the following new subsection:
`(g) APPLICATION ON LINE OF BUSINESS BASIS; ELIGIBLE LINES OF BUSINESS-
For purposes of this section--
`(1) APPLICATION TO SEPARATE LINE OF BUSINESS-
`(A) IN GENERAL- In determining the amount of the credit under
subsection (a), this section shall be applied separately with respect to
each substantial line of business of the qualified domestic corporation
described in subsection (a)(2)(A)(ii).
`(B) ALLOCATION- The Secretary shall prescribe rules necessary to
carry out the purposes of this paragraph, including rules--
`(i) for the allocation of items of income, gain, deduction, and
loss for purposes of determining taxable income under subsection (a),
and
`(ii) for the allocation of wages, fringe benefit expenses, and
depreciation allowances for purposes of applying the limitations under
subsection (d).
`(2) ELIGIBLE LINE OF BUSINESS- The term `eligible line of business'
means a substantial line of business established by a qualified domestic
corporation described in subsection (a)(2)(A)(ii) after December 31,
2000.'.
(c) MODIFICATION OF BASE PERIOD CAP FOR EXISTING CLAIMANTS- The last
sentence of section 30A(a)(1) (relating to allowance of credit) is
amended--
(1) by striking `In' and inserting `With respect to any qualified
domestic corporation described in paragraph (2)(A)(i), in',
(2) by inserting `the greater of' after `exceed', and
(3) by inserting `, or such income multiplied by the ratio of the
average number of full-time employees of such taxpayers during the taxable
year to the average number of such full-time employees in 1995 and 1996'
after `section 936(j)'.
(d) CREDIT TAKEN OVER 5-YEAR PERIOD- Section 30A, as amended by subsection
(b), is amended by redesignating subsection (h) as subsection (i) and by
inserting after subsection (g) the following new subsection:
`(h) CREDIT TAKEN OVER 5-YEAR PERIOD- In the case of any qualified
domestic corporation described in paragraph (2)(A)(ii), the aggregate amount
of the credit otherwise determined under subsection (a) for any taxable year
shall be allowed ratably over the 5-taxable year period beginning with such
taxable year.'.
(e) CONFORMING AMENDMENTS-
(1) Section 30A(a)(3) is amended by striking `an existing credit
claimant' and inserting `a qualified domestic corporation'.
(2) Section 30A(b) is amended by striking `within a possession' each
place it appears and inserting `within Puerto Rico'.
(3) Section 30A(d) is amended by striking `possession' each place it
appears.
(4) Section 30A(f) is amended to read as follows:
`(f) DEFINITIONS- For purposes of this section--
`(1) QUALIFIED INCOME TAXES- The qualified income taxes for any taxable
year allocable to nonsheltered income shall be determined in the same manner
as under section 936(i)(3).
`(2) QUALIFIED WAGES- The qualified wages for any taxable year shall be
determined in the same manner as under section 936(i)(1).
`(3) OTHER TERMS- Any term used in this section which is also used in
section 936 shall have the same meaning given such term by section
936.'.
(f) EFFECTIVE DATE- The amendments made by this section shall apply to
taxable years ending after December 31, 2000.
Subtitle F--Individual Development Accounts
SEC. 151. DEFINITIONS.
As used in this subtitle:
(A) IN GENERAL- The term `eligible individual' means an individual
who--
(i) has attained the age of 18 years;
(ii) is a citizen or legal resident of the United States;
and
(iii) is a member of a household--
(I) the gross income of which does not exceed 60 percent of the
national median family income (as published by the Bureau of the
Census), as adjusted for family size; and
(II) the net worth of which does not exceed
$10,000.
(B) HOUSEHOLD- The term `household' means all individuals who share
use of a dwelling unit as primary quarters for living and eating separate
from other individuals.
(C) DETERMINATION OF NET WORTH-
(i) IN GENERAL- For purposes of subparagraph (A)(iii)(II), the net
worth of a household is the amount equal to--
(I) the aggregate fair market value of all assets that are owned
in whole or in part by any member of a household, minus
(II) the obligations or debts of any member of the
household.
(ii) CERTAIN ASSETS DISREGARDED- For purposes of determining the net
worth of a household, a household's assets shall not be considered to
include--
(I) the primary dwelling unit;
(II) 1 motor vehicle owned by the household; and
(III) the sum of all contributions by an eligible individual
(including earnings thereon) to any Individual Development Account,
plus the matching deposits made on behalf of such individual
(including earnings thereon) in any parallel account.
(2) INDIVIDUAL DEVELOPMENT ACCOUNT- The term `Individual Development
Account' means an account established for an eligible individual as part of
a qualified individual development account program, but only if the written
governing instrument creating the account meets the following
requirements:
(A) The sole owner of the account is the eligible individual.
(B) No contribution will be accepted unless it is in cash, by check,
by electronic fund transfer, or by electronic money order.
(C) The holder of the account is a qualified financial institution, a
qualified nonprofit organization, or an Indian tribe.
(D) The assets of the account will not be commingled with other
property except in a common trust fund or common investment fund.
(E) Except as provided in section 156(b), any amount in the account
may be paid out only for the purpose of paying the qualified expenses of
the eligible individual.
(3) PARALLEL ACCOUNT- The term `parallel account' means a separate,
parallel individual or pooled account for all matching funds and earnings
dedicated to an eligible individual as part of a qualified individual
development account program, the sole owner of which is a qualified
financial institution, a qualified nonprofit organization, or an Indian
tribe.
(4) QUALIFIED FINANCIAL INSTITUTION-
(A) IN GENERAL- The term `qualified financial institution' means any
person authorized to be a trustee of any individual retirement account
under section 408(a)(2).
(B) RULE OF CONSTRUCTION- Nothing in this paragraph shall be construed
as preventing a person described in subparagraph (A) from collaborating
with 1 or more contractual affiliates, qualified nonprofit organizations,
or Indian tribes to carry out an individual development account program
established under section 152.
(5) QUALIFIED NONPROFIT ORGANIZATION- The term `qualified nonprofit
organization' means--
(A) any organization described in section 501(c)(3) of the Internal
Revenue Code of 1986 and exempt from taxation under section 501(a) of such
Code;
(B) any community development financial institution certified by the
Community Development Financial Institution Fund; or
(C) any credit union chartered under Federal or State law and
certified by the National Credit Union Administration,
that meets standards for financial management and fiduciary
responsibility as defined by the Secretary or an organization designated by
the Secretary.
(6) INDIAN TRIBE- The term `Indian tribe' means any Indian tribe as
defined in section 4(12) of the Native American Housing Assistance and
Self-Determination Act of 1996 (25 U.S.C. 4103(12), and includes any tribal
subsidiary, subdivision, or other wholly owned tribal entity.
(7) QUALIFIED INDIVIDUAL DEVELOPMENT ACCOUNT PROGRAM- The term
`qualified individual development account program' means a program
established under section 152 under which--
(A) Individual Development Accounts and parallel accounts are held by
a qualified financial institution, a qualified nonprofit organization, or
an Indian tribe; and
(B) additional activities determined by the Secretary, or an
organization designated by the Secretary, as necessary to responsibly
develop and administer accounts, including recruiting, providing financial
education and other training to account holders, and regular program
monitoring, are carried out by such qualified financial institution,
qualified nonprofit organization, or Indian tribe.
(8) QUALIFIED EXPENSE DISTRIBUTION-
(A) IN GENERAL- The term `qualified expense distribution' means any
amount paid (including through electronic payments) or distributed out of
an Individual Development Account and a parallel account established for
an eligible individual if such amount--
(i) is used exclusively to pay the qualified expenses of such
individual or such individual's spouse or dependents;
(ii) is paid by the qualified financial institution, qualified
nonprofit organization, or Indian tribe directly to the person to whom
the amount is due or to another Individual Development Account;
and
(iii) is paid after the holder of the Individual Development Account
has completed a financial education course as required under section
153(b).
(i) IN GENERAL- The term `qualified expenses' means any of the
following:
(I) Qualified higher education expenses.
(II) Qualified first-time homebuyer costs.
(III) Qualified business capitalization or expansion
costs.
(IV) Qualified rollovers.
(ii) QUALIFIED HIGHER EDUCATION EXPENSES-
(I) IN GENERAL- The term `qualified higher education expenses' has
the meaning given such term by section 72(t)(7) of the Internal
Revenue Code of 1986, determined by treating postsecondary vocational
educational schools as eligible educational
institutions.
(II) POSTSECONDARY VOCATIONAL EDUCATION SCHOOL- The term
`postsecondary vocational educational school' means an area vocational
education school (as defined in subparagraph (C) or (D) of section
521(4) of the Carl D. Perkins Vocational and Applied Technology
Education Act (20 U.S.C. 2471(4))) which is in any State (as defined
in section 521(33) of such Act), as such sections are in effect on the
date of the enactment of this Act.
(III) COORDINATION WITH OTHER BENEFITS- The amount of qualified
higher education expenses for any taxable year shall be reduced as
provided in section 25A(g)(2) of such Code and by the amount of such
expenses for which a credit or exclusion is allowed under chapter 1 of
such Code for such taxable year.
(iii) QUALIFIED FIRST-TIME HOMEBUYER COSTS- The term `qualified
first-time homebuyer costs' means qualified acquisition costs (as
defined in section 72(t)(8) of such Code without regard to subparagraph
(B) thereof) with respect to a principal residence (within the meaning
of section 121 of such Code) for a qualified first-time homebuyer (as
defined in section 72(t)(8) of such Code).
(iv) QUALIFIED BUSINESS CAPITALIZATION OR EXPANSION
COSTS-
(I) IN GENERAL- The term `qualified business capitalization or
expansion costs' means qualified expenditures for the capitalization
or expansion of a qualified business pursuant to a qualified business
plan.
(II) QUALIFIED EXPENDITURES- The term `qualified expenditures'
means expenditures included in a qualified business plan, including
capital, plant, equipment, working capital, inventory expenses,
attorney and accounting fees, and other costs normally associated with
starting or expanding a business.
(III) QUALIFIED BUSINESS- The term `qualified business' means any
business that does not contravene any law.
(IV) QUALIFIED BUSINESS PLAN- The term `qualified business plan'
means a business plan which meets such requirements as the Secretary
or an organization designated by the Secretary may
specify.
(v) QUALIFIED ROLLOVERS- The term `qualified rollover' means, with
respect to any distribution from an Individual Development Account, the
payment, within 120 days of such distribution, of all or a portion of
such distribution to such account or to another Individual Development
Account established in another qualified financial institution,
qualified nonprofit organization, or Indian tribe for the benefit of the
eligible individual, or, if such individual is deceased, the spouse, any
dependent, or other named beneficiary of the deceased. Rules similar to
the rules of section 408(d)(3) of such Code (other than subparagraph (C)
thereof) shall apply for purposes of this clause.
(9) SECRETARY- The term `Secretary' means the Secretary of the
Treasury.
SEC. 152. STRUCTURE AND ADMINISTRATION OF QUALIFIED INDIVIDUAL DEVELOPMENT
ACCOUNT PROGRAMS.
(a) ESTABLISHMENT OF QUALIFIED INDIVIDUAL DEVELOPMENT ACCOUNT PROGRAMS-
Any qualified financial institution, qualified nonprofit organization, or
Indian tribe may establish 1 or more qualified individual development account
programs which meet the requirements of this subtitle.
(b) BASIC PROGRAM STRUCTURE-
(1) IN GENERAL- All qualified individual development account programs
shall consist of the following 2 components:
(A) An Individual Development Account to which an eligible individual
may contribute money in accordance with section 154.
(B) A parallel account to which all matching funds shall be deposited
in accordance with section 155.
(2) TAILORED IDA PROGRAMS- A qualified financial institution, qualified
nonprofit organization, or Indian tribe may tailor its qualified individual
development account program to allow matching funds to be spent on 1 or more
of the categories of qualified expenses.
(c) TAX TREATMENT OF ACCOUNTS- Any account described in subparagraph (B)
of subsection (b)(1) is exempt from taxation under the Internal Revenue Code
of 1986 unless such account has ceased to be such an account by reason of
section 156(c) or the termination of the qualified individual development
account program under section 157(b).
SEC. 153. PROCEDURES FOR OPENING AN INDIVIDUAL DEVELOPMENT ACCOUNT AND
QUALIFYING FOR MATCHING FUNDS.
(a) OPENING AN ACCOUNT- An eligible individual must open an Individual
Development Account with a qualified financial institution, qualified
nonprofit organization, or Indian tribe and contribute money in accordance
with section 154 to qualify for matching funds in a parallel account.
(b) REQUIRED COMPLETION OF FINANCIAL EDUCATION COURSE-
(1) IN GENERAL- Before becoming eligible to withdraw matching funds to
pay for qualified expenses, holders of Individual Development Accounts must
complete a financial education course offered by a qualified financial
institution, a qualified nonprofit organization, an Indian tribe, or a
government entity.
(2) STANDARD AND APPLICABILITY OF COURSE- The Secretary or an
organization designated by the Secretary, in consultation with
representatives of qualified individual development account programs and
financial educators, shall establish minimum performance standards for
financial education courses offered under paragraph (1) and a protocol to
exempt eligible individuals from the requirement under paragraph (1) because
of hardship or lack of need.
SEC. 154. CONTRIBUTIONS TO INDIVIDUAL DEVELOPMENT ACCOUNTS.
(a) IN GENERAL- Except in the case of a qualified rollover, individual
contributions to an Individual Development Account will not be accepted for
the taxable year in excess of the lesser of--
(2) an amount equal to the sum of--
(A) the compensation (as defined in section 219(f)(1) of the Internal
Revenue Code of 1986) includible in the individual's gross income for such
taxable year; and
(B) in the case of an eligible individual who has retired on
disability (within the meaning of section 22 of the Internal Revenue Code
of 1986) before the close of the taxable year, any amount received as a
disability benefit and excluded from the individual's gross income for
such taxable year.
(b) PROOF OF COMPENSATION AND STATUS AS AN ELIGIBLE INDIVIDUAL- Federal
W-2 forms and other forms specified by the Secretary proving the eligible
individual's wages and other compensation (including amounts described in
subsection (a)(2)(B)) and the status of the individual as an eligible
individual shall be presented at the time of the establishment of the
Individual Development Account and at least once annually thereafter.
(c) DEEMED WITHDRAWALS OF EXCESS CONTRIBUTIONS- If the individual for
whose benefit an Individual Development Account is established contributes an
amount in excess of the amount allowed under subsection (a) and fails to
withdraw the excess contribution plus the amount of net income attributable to
such excess contribution on or before the day prescribed by law (including
extensions of time) for filing such individual's return of tax for the taxable
year, such excess contribution and net income shall be deemed to have been
withdrawn on such day by such individual for purposes other than to pay
qualified expenses.
For designation of earned income tax credit payments for deposit to an
Individual Development Account, see section 32(o) of the Internal Revenue Code
of 1986.
SEC. 155. DEPOSITS BY QUALIFIED INDIVIDUAL DEVELOPMENT ACCOUNT
PROGRAMS.
(a) PARALLEL ACCOUNTS- The qualified financial institution, qualified
nonprofit organization, or Indian tribe shall deposit all matching funds for
each Individual Development Account into a parallel account at a qualified
financial institution, qualified nonprofit organization, or Indian tribe.
(b) REGULAR DEPOSITS OF MATCHING FUNDS-
(1) IN GENERAL- Subject to paragraph (2), the qualified financial
institution, qualified nonprofit organization, or Indian tribe shall not
less than annually (or upon a proper withdrawal request under section 156,
if necessary) deposit into the parallel account with respect to each
eligible individual the following:
(A) A dollar-for-dollar match for the first $300 contributed by the
eligible individual into an Individual Development Account with respect to
any taxable year.
(B) Any matching funds provided by State, local, or private sources in
accordance to the matching ratio set by those sources.
For allowance of tax credit for Individual Development Account
subsidies, including matching funds, see section 30B of the Internal Revenue
Code of 1986.
(c) FORFEITURE OF MATCHING FUNDS- Matching funds that are forfeited under
section 156(b) shall be used by the qualified financial institution, qualified
nonprofit organization, or Indian tribe to pay matches for other Individual
Development Account contributions by eligible individuals.
(d) UNIFORM ACCOUNTING REGULATIONS- To ensure proper recordkeeping and
determination of the tax credit under section 30C of the Internal Revenue Code
of 1986, the Secretary shall prescribe regulations with respect to accounting
for matching funds from all possible sources in the parallel accounts.
(e) REGULAR REPORTING OF ACCOUNTS- Any qualified financial institution,
qualified nonprofit organization, or Indian tribe shall report the balances in
any Individual Development Account and parallel account of an eligible
individual on not less than an annual basis.
SEC. 156. WITHDRAWAL PROCEDURES.
(a) WITHDRAWALS FOR QUALIFIED EXPENSES- To withdraw money from an eligible
individual's Individual Development Account to pay qualified expenses of such
individual or such individual's spouse or dependents, the qualified financial
institution, qualified nonprofit organization, or Indian tribe shall directly
transfer such funds from the Individual Development Account, and, if
applicable, from the parallel account electronically to the vendor or other
Individual Development Account. If the vendor is not equipped to receive funds
electronically, the qualified financial institution, qualified nonprofit
organization, or Indian tribe may issue such funds by paper check to the
vendor.
(b) WITHDRAWALS FOR NONQUALIFIED EXPENSES- An Individual Development
Account holder may unilaterally withdraw funds from the Individual Development
Account for purposes other than to pay qualified expenses, but shall forfeit
the corresponding matching funds and interest earned on the matching funds by
doing so, unless such withdrawn funds are recontributed to such Account by
September 30 following the withdrawal.
(c) DEEMED WITHDRAWALS FROM ACCOUNTS OF NONELIGIBLE INDIVIDUALS- If the
individual for whose benefit an Individual Development Account is established
ceases to be an eligible individual, such account shall cease to be an
Individual Development Account as of the first day of the taxable year of such
individual and any balance in such account shall be deemed to have been
withdrawn on such first day by such individual for purposes other than to pay
qualified expenses.
(d) TAX TREATMENT OF MATCHING FUNDS- Any amount withdrawn from a parallel
account shall not be includible in an eligible individual's gross income.
SEC. 157. CERTIFICATION AND TERMINATION OF QUALIFIED INDIVIDUAL DEVELOPMENT
ACCOUNT PROGRAMS.
(a) CERTIFICATION PROCEDURES- Upon establishing a qualified individual
development account program under section 152, a qualified financial
institution, qualified nonprofit organization, or Indian tribe shall certify
to the Secretary, or an organization designated by the Secretary, on forms
prescribed by the Secretary or such organization and accompanied by any
documentation required by the Secretary or such organization, that--
(1) the accounts described in subparagraphs (A) and (B) of section
152(b)(1) are operating pursuant to all the provisions of this subtitle;
and
(2) the qualified financial institution, qualified nonprofit
organization, or Indian tribe agrees to implement an information system
necessary to monitor the cost and outcomes of the qualified individual
development account program.
(b) AUTHORITY TO TERMINATE QUALIFIED IDA PROGRAM- If the Secretary, or an
organization designated by the Secretary, determines that a qualified
financial institution, qualified nonprofit organization, or Indian tribe under
this subtitle is not operating a qualified individual development account
program in accordance with the requirements of this subtitle (and has not
implemented any corrective recommendations directed by the Secretary or such
organization), the Secretary or such organization shall terminate such
institution's, nonprofit organization's, or Indian tribe's authority to
conduct the program. If the Secretary, or an organization designated by the
Secretary, is unable to identify a qualified financial institution, qualified
nonprofit organization, or Indian tribe to assume the authority to conduct
such program, then any account established for the benefit of any eligible
individual under such program shall cease to be an Individual Development
Account as of the first day of such termination and any balance in such
account shall be deemed to have been withdrawn on such first day by such
individual for purposes other than to pay qualified expenses.
SEC. 158. REPORTING, MONITORING, AND EVALUATION.
(a) RESPONSIBILITIES OF QUALIFIED FINANCIAL INSTITUTIONS, QUALIFIED
NONPROFIT ORGANIZATIONS, AND INDIAN TRIBES- Each qualified financial
institution, qualified nonprofit organization, or Indian tribe that
establishes a qualified individual development account program under section
152 shall report annually to the Secretary, directly or through an
organization designated by the Secretary, within 90 days after the end of each
calendar year on--
(1) the number of eligible individuals making contributions into
Individual Development Accounts;
(2) the amounts contributed into Individual Development Accounts and
deposited into parallel accounts for matching funds;
(3) the amounts withdrawn from Individual Development Accounts and
parallel accounts, and the purposes for which such amounts were
withdrawn;
(4) the balances remaining in Individual Development Accounts and
parallel accounts; and
(5) such other information needed to help the Secretary, or an
organization designated by the Secretary, monitor the cost and outcomes of
the qualified individual development account program.
(b) RESPONSIBILITIES OF THE SECRETARY OR DESIGNATED ORGANIZATION-
(1) MONITORING PROTOCOL- Not later than 12 months after the date of the
enactment of this Act, the Secretary, or an organization designated by the
Secretary, shall develop and implement a protocol and process to monitor the
cost and outcomes of the qualified individual development account programs
established under section 152.
(2) ANNUAL REPORTS- In each year after the date of the enactment of this
Act, the Secretary, or an organization designated by the Secretary, shall
submit a progress report to Congress on the status of such qualified
individual development account programs. Such report shall include from a
representative sample of qualified financial institutions, qualified
nonprofit organizations, and Indian tribes a report on--
(A) the characteristics of participants, including age, gender, race
or ethnicity, marital status, number of children, employment status, and
monthly income;
(B) individual level data on deposits, withdrawals, balances, uses of
Individual Development Accounts, and participant characteristics;
(C) the characteristics of qualified individual development account
programs, including match rate, economic education requirements,
permissible uses of accounts, staffing of programs in full time employees,
and the total costs of programs; and
(D) process information on program implementation and administration,
especially on problems encountered and how problems were solved.
SEC. 159. ACCOUNT FUNDS OF PROGRAM PARTICIPANTS DISREGARDED FOR PURPOSES OF
CERTAIN MEANS-TESTED FEDERAL PROGRAMS.
Notwithstanding any other provision of Federal law that requires
consideration of 1 or more financial circumstances of an individual, for the
purposes of determining eligibility to receive, or the amount of, any
assistance or benefit authorized by such provision to be provided to or for
the benefit of such individual, an amount equal to the sum of--
(1) all contributions by an eligible individual (including earnings
thereon) to any Individual Development Account; plus
(2) the matching deposits made on behalf of such individual (including
earnings thereon) in any parallel account,
shall be disregarded for such purpose with respect to any period during
which the individual participates in a qualified individual development
account program established under section 152.
SEC. 160. MATCHING FUNDS FOR INDIVIDUAL DEVELOPMENT ACCOUNTS PROVIDED
THROUGH A TAX CREDIT FOR QUALIFIED FINANCIAL INSTITUTIONS.
(a) IN GENERAL- Subpart B of part IV of subchapter A of chapter 1
(relating to other credits) is amended by inserting after section 30A the
following new section:
`SEC. 30B. INDIVIDUAL DEVELOPMENT ACCOUNT INVESTMENT CREDIT FOR QUALIFIED
FINANCIAL INSTITUTIONS.
`(a) DETERMINATION OF AMOUNT- There shall be allowed as a credit against
the applicable tax for the taxable year an amount equal to the individual
development account investment provided by a qualified financial institution
during the taxable year under an individual development account program
established under section 152 of the Community Renewal and New Markets Act of
2000.
`(b) APPLICABLE TAX- For the purposes of this section, the term
`applicable tax' means the excess (if any) of--
`(1) the tax imposed under this chapter (other than the taxes imposed
under the provisions described in subparagraphs (C) through (Q) of section
26(b)(2)), over
`(2) the credits allowable under subpart B (other than this section) and
subpart D of this part.
`(c) INDIVIDUAL DEVELOPMENT ACCOUNT INVESTMENT- For purposes of this
section, the term `individual development account investment' means, with
respect to an individual development account program of a qualified financial
institution in any taxable year, an amount equal to the sum of--
`(1) 90 percent of the aggregate amount of dollar-for-dollar matches
under such program by such institution under section 155(b)(1)(A) of the
Community Renewal and New Markets Act of 2000 for such taxable year,
plus
`(2) an amount equal to the sum of the costs incurred, directly or
indirectly, with respect to each Individual Development Account opened after
the date of the enactment of this section, not to exceed $100 per
Account.
`(d) OTHER DEFINITIONS- For purposes of this section, the terms
`Individual Development Account' and `qualified financial institution' have
the meanings given such terms by section 151 of the Community Renewal and New
Markets Act of 2000.
`(e) REGULATIONS- The Secretary may prescribe such regulations as may be
necessary or appropriate to carry out this section, including regulations
providing for a recapture of the credit allowed under this section in cases
where there is a forfeiture under section 156(b) of the Community Renewal and
New Markets Act of 2000 in a subsequent taxable year of any amount which was
taken into account in determining the amount of such credit.
`(f) TERMINATION- This section shall not apply to any taxable year
beginning after December 31, 2005.'.
(b) CONFORMING AMENDMENT- The table of sections for subpart B of part IV
of subchapter A of chapter 1 is amended by inserting after the item relating
to section 30A the following new item:
`Sec. 30B. Individual development account investment credit for
qualified financial institutions.'.
(c) EFFECTIVE DATE- The amendments made by this section shall apply to
taxable years beginning after December 31, 2001.
SEC. 161. DESIGNATION OF EARNED INCOME TAX CREDIT PAYMENTS FOR DEPOSIT TO
INDIVIDUAL DEVELOPMENT ACCOUNTS.
(a) IN GENERAL- Section 32 (relating to earned income credit) is amended
by adding at the end the following new subsection:
`(o) DESIGNATION OF CREDIT FOR DEPOSIT TO INDIVIDUAL DEVELOPMENT
ACCOUNT-
`(1) IN GENERAL- With respect to the return of any eligible individual
(as defined in section 151(1) of the Community Renewal and New Markets Act
of 2000) for the taxable year of the tax imposed by this chapter, such
individual may designate that a specified portion (not less than $1) of any
overpayment of tax for such taxable year which is attributable to the credit
allowed under this section shall be deposited by the Secretary into an
Individual Development Account (as defined in section 151(2) of such Act) of
such individual. The Secretary shall so deposit such portion designated
under this paragraph.
`(2) MANNER AND TIME OF DESIGNATION- A designation under paragraph (1)
may be made with respect to any taxable year--
`(A) at the time of filing the return of the tax imposed by this
chapter for such taxable year, or
`(B) at any other time (after the time of filing the return of the tax
imposed by this chapter for such taxable year) specified in regulations
prescribed by the Secretary.
Such designation shall be made in such manner as the Secretary
prescribes by regulations.
`(3) PORTION ATTRIBUTABLE TO EARNED INCOME TAX CREDIT- For purposes of
paragraph (1), an overpayment for any taxable year shall be treated as
attributable to the credit allowed under this section for such taxable year
to the extent that such overpayment does not exceed the credit so
allowed.
`(4) OVERPAYMENTS TREATED AS REFUNDED- For purposes of this title, any
portion of an overpayment of tax designated under paragraph (1) shall be
treated as being refunded to the taxpayer as of the last date prescribed for
filing the return of tax imposed by this chapter (determined without regard
to extensions) or, if later, the date the return is filed.
`(5) TERMINATION- This subsection shall not apply to any taxable year
beginning after December 31, 2005.'.
(b) EFFECTIVE DATE- The amendment made by this section shall apply to
taxable years beginning after December 31, 2001.
Subtitle G--Additional Incentives
SEC. 171. EXCLUSION OF CERTAIN AMOUNTS RECEIVED UNDER THE NATIONAL HEALTH
SERVICE CORPS SCHOLARSHIP PROGRAM AND THE F. EDWARD HEBERT ARMED FORCES HEALTH
PROFESSIONS SCHOLARSHIP AND FINANCIAL ASSISTANCE PROGRAM.
(a) IN GENERAL- Section 117(c) (relating to the exclusion from gross
income amounts received as a qualified scholarship) is amended--
(1) by striking `Subsections (a)' and inserting the following:
`(1) IN GENERAL- Except as provided in paragraph (2), subsections (a)',
and
(2) by adding at the end the following new paragraph:
`(2) EXCEPTIONS- Paragraph (1) shall not apply to any amount received by
an individual under--
`(A) the National Health Service Corps Scholarship Program under
section 338A(g)(1)(A) of the Public Health Service Act, or
`(B) the Armed Forces Health Professions Scholarship and Financial
Assistance program under subchapter I of chapter 105 of title 10, United
States Code.'.
(b) EFFECTIVE DATE- The amendments made by subsection (a) shall apply to
amounts received in taxable years beginning after December 31, 1993.
SEC. 172. EXTENSION OF ENHANCED DEDUCTION FOR CORPORATE DONATIONS OF
COMPUTER TECHNOLOGY.
(a) EXPANSION OF COMPUTER TECHNOLOGY DONATIONS TO PUBLIC LIBRARIES-
(1) IN GENERAL- Paragraph (6) of section 170(e) (relating to special
rule for contributions of computer technology and equipment for elementary
or secondary school purposes) is amended by striking `qualified elementary
or secondary educational contribution' each place it occurs in the headings
and text and inserting `qualified computer contribution'.
(2) EXPANSION OF ELIGIBLE DONEES- Clause (i) of section 170(e)(6)(B)
(relating to qualified elementary or secondary educational contribution) is
amended by striking `or' at the end of subclause (I), by adding `or' at the
end of subclause (II), and by inserting after subclause (II) the following
new subclause:
`(III) a public library (within the meaning of section 213(2)(A)
of the Library Services and Technology Act (20 U.S.C. 9122(2)(A)), as
in effect on the date of the enactment of the Community Renewal and
New Markets Act of 2000, established and maintained by an entity
described in subsection (c)(1),'.
(b) CONFORMING AMENDMENTS-
(1) Section 170(e)(6)(B)(iv) is amended by striking `in any grades of
the K-12'.
(2) The heading of paragraph (6) of section 170(e) is amended by
striking `ELEMENTARY OR SECONDARY SCHOOL PURPOSES' and inserting
`EDUCATIONAL PURPOSES'.
(c) EXTENSION OF DEDUCTION- Section 170(e)(6)(F) (relating to termination)
is amended by striking `December 31, 2000' and inserting `December 31,
2003'.
(d) EFFECTIVE DATE- The amendments made by this section shall apply to
contributions made on and after the date of the enactment of this Act.
SEC. 173. EXTENSION OF ADOPTION TAX CREDIT.
Section 23(d)(2)(B) (defining eligible child) is amended by striking
`2001' and inserting `2003'.
SEC. 174. TAX TREATMENT OF ALASKA NATIVE SETTLEMENT TRUSTS.
(a) TREATMENT OF ALASKA NATIVE SETTLEMENT TRUSTS- Subpart A of part I of
subchapter J of chapter 1 (relating to general rules for taxation of trusts
and estates) is amended by adding at the end the following new section:
`SEC. 646. TAX TREATMENT OF ALASKA NATIVE SETTLEMENT TRUSTS.
`(a) IN GENERAL- Except as otherwise provided in this section, the
provisions of this subchapter and section 1(e) shall apply to all Settlement
Trusts.
`(b) TAXATION OF INCOME OF TRUST- Except as provided in subsection
(f)(1)(B)(ii)--
`(1) IN GENERAL- The amount of tax imposed on an electing Settlement
Trust under section 1(e) shall be determined using the rate of 15
percent.
`(2) CAPITAL GAIN- In the case of an electing Settlement Trust with a
net capital gain for the taxable year, a tax is imposed on such gain at the
rate of tax which would apply to such gain if the taxpayer were subject to a
tax on ordinary income at a rate of 15 percent.
`(1) IN GENERAL- A Settlement Trust may elect to have the provisions of
this section apply to the trust and its beneficiaries.
`(2) TIME AND METHOD OF ELECTION- An election under paragraph (1) shall
be made by the trustee of such trust--
`(A) on or before the due date (including extensions) for filing the
Settlement Trust's return of tax for the first taxable year of such trust
ending after the date of the enactment of this section, and
`(B) by attaching to such return of tax a statement specifically
providing for such election.
`(3) PERIOD ELECTION IN EFFECT- Except as provided in subsection (f), an
election under this subsection--
`(A) shall apply to the first taxable year described in paragraph
(2)(A) and all subsequent taxable years, and
`(B) may not be revoked once it is made.
`(d) CONTRIBUTIONS TO TRUST-
`(1) BENEFICIARIES OF ELECTING TRUST NOT TAXED ON CONTRIBUTIONS- In the
case of an electing Settlement Trust, no amount shall be includible in gross
income of a beneficiary of such trust by reason of a contribution to such
trust made during the taxable year.
`(2) EARNINGS AND PROFITS- The earnings and profits of the sponsoring
Native Corporation of a Settlement Trust shall not be reduced on account of
any contribution to such Settlement Trust.
`(e) TAX TREATMENT OF DISTRIBUTIONS TO BENEFICIARIES- Amounts distributed
by an electing Settlement Trust during any taxable year shall be considered as
having the following characteristics in the hands of the recipient
beneficiary:
`(1) First, as amounts excludable from gross income for the taxable year
to the extent of the taxable income of such trust for such taxable year
(decreased by any income tax paid by the trust with respect to the income)
plus any amount excluded from gross income of the trust under section
103.
`(2) Second, as amounts excludable from gross income to the extent of
the amount described in paragraph (1) for all taxable years for which an
election was in effect under subsection (c) with respect to the trust, and
not previously taken into account under paragraph (1).
`(3) Third, for purposes of this title other than subsections (b) and
(d) of section 301 and section 311(b), as amounts distributed by the
sponsoring Native Corporation with respect to its stock (within the meaning
of section 301(a)) during such taxable year and taxable to the recipient
beneficiary as amounts described in section 301(c)(1), to the extent of
current and accumulated earnings and profits of the sponsoring Native
Corporation as of the close of such taxable year after proper adjustment is
made for all distributions made by the sponsoring Native Corporation during
such taxable year.
`(4) Fourth, as amounts distributed by the trust in excess of the
distributable net income of such trust for such taxable year.
`(f) SPECIAL RULES WHERE TRANSFER RESTRICTIONS MODIFIED-
`(1) TRANSFER OF BENEFICIAL INTERESTS- If, at any time, a beneficial
interest in an electing Settlement Trust may be disposed of to a person in a
manner which would not be permitted by section 7(h) of the Alaska Native
Claims Settlement Act (43 U.S.C. 1606(h)) if the interest were Settlement
Common Stock--
`(A) no election may be made under subsection (c) with respect to such
trust, and
`(B) if such an election is in effect as of such time--
`(i) such election shall cease to apply as of the first day of the
taxable year in which such disposition is first permitted,
`(ii) the provisions of this section shall not apply to such trust
for such taxable year and all taxable years thereafter, and
`(iii) the distributable net income of such trust shall be increased
by the current and accumulated earnings and profits of the sponsoring
Native Corporation as of the close of such taxable year after proper
adjustment is made for all distributions made by the sponsoring Native
Corporation during such taxable year.
In no event shall the increase under clause (iii) exceed the fair
market value of the trust's assets as of the date the beneficial interest
of the trust first becomes disposable. The earnings and profits of the
sponsoring Native Corporation shall be adjusted as of the last day of such
taxable year by the amount of earnings and profits so included in the
distributable net income of the trust.
`(2) STOCK IN CORPORATION- If--
`(A) the Settlement Common Stock in the sponsoring Native Corporation
may be disposed of to a person in any manner not permitted by section 7(h)
of the Alaska Native Claims Settlement Act (43 U.S.C. 1606(h)),
and
`(B) at any time after such disposition of stock is first permitted,
such corporation transfers assets to a Settlement Trust,
paragraph (1)(B) shall be applied to such trust on and after the date of
the transfer in the same manner as if the trust permitted dispositions of
beneficial interests in the trust in a manner not permitted by such section
7(h).
`(3) CERTAIN DISTRIBUTIONS- For purposes of this section, the surrender
of an interest in a Native Corporation or an electing Settlement Trust in
order to accomplish the whole or partial redemption of the interest of a
shareholder or beneficiary in such corporation or trust, or to accomplish
the whole or partial liquidation of such corporation or trust, shall be
deemed to be a disposition permitted by section 7(h) of the Alaska Native
Claims Settlement Act (43 U.S.C. 1606(h)).
`(g) TAXABLE INCOME- For purposes of this title, the taxable income of an
electing Settlement Trust shall be determined under section 641(b) without
regard to any deduction under section 651 or 661.
`(h) DEFINITIONS- For purposes of this section--
`(1) ELECTING SETTLEMENT TRUST- The term `electing Settlement Trust'
means a Settlement Trust which has made the election, effective for the
taxable year, described in subsection (c).
`(2) NATIVE CORPORATION- The term `Native Corporation' has the meaning
given such term by section 3(m) of the Alaska Native Claims Settlement Act
(43 U.S.C. 1602(m)).
`(3) SETTLEMENT COMMON STOCK- The term `Settlement Common Stock' has the
meaning given such term by section 3(p) of the Alaska Native Claims
Settlement Act (43 U.S.C. 1602(p)).
`(4) SETTLEMENT TRUST- The term `Settlement Trust' has the meaning given
such term by section 3(t) of the Alaska Native Claims Settlement Act (43
U.S.C. 1602(t)).
`(5) SPONSORING NATIVE CORPORATION- The term `sponsoring Native
Corporation' means the Native Corporation which transfers assets to an
electing Settlement Trust.
`For information required with respect to electing Settlement Trusts and
sponsoring Native Corporations, see section 6039H.'
(b) REPORTING- Subpart A of part III of subchapter A of chapter 61 of
subtitle F (relating to information concerning persons subject to special
provisions) is amended by inserting after section 6039G the following new
section:
`SEC. 6039H. INFORMATION WITH RESPECT TO ALASKA NATIVE SETTLEMENT TRUSTS AND
SPONSORING NATIVE CORPORATIONS.
`(a) REQUIREMENT- The fiduciary of an electing Settlement Trust (as
defined in section 646(h)(1)) shall include with the return of income of the
trust a statement containing the information required under subsection (c).
`(b) APPLICATION WITH OTHER REQUIREMENTS- The filing of any statement
under this section shall be in lieu of the reporting requirement under section
6034A to furnish any statement to a beneficiary regarding amounts distributed
to such beneficiary (and such other reporting requirements as the Secretary
deems appropriate).
`(c) REQUIRED INFORMATION- The information required under this subsection
shall include--
`(1) the amount of distributions made during the taxable year to each
beneficiary,
`(2) the treatment of such distribution under the applicable provision
of section 646, including the amount that is excludable from the recipient
beneficiary's gross income under section 646, and
`(3) the amount (if any) of any distribution during such year that is
deemed to have been made by the sponsoring Native Corporation (as defined in
section 646(h)(5)).
`(d) SPONSORING NATIVE CORPORATION-
`(1) IN GENERAL- The electing Settlement Trust shall, on or before the
date on which the statement under subsection (a) is required to be filed,
furnish such statement to the sponsoring Native Corporation (as so
defined).
`(2) DISTRIBUTEES- The sponsoring Native Corporation shall furnish each
recipient of a distribution described in section 646(e)(3) a statement
containing the amount deemed to have been distributed to such recipient by
such corporation for the taxable year.'.
(1) The table of sections for subpart A of part I of subchapter J of
chapter 1 is amended by adding at the end the following new item:
`Sec. 646. Electing Alaska Native Settlement Trusts.'.
(2) The table of sections for subpart A of part III of subchapter A of
chapter 61 of subtitle F is amended by inserting after the item relating to
section 6039G the following new item:
`Sec. 6039H. Information with respect to Alaska Native Settlement Trusts and
sponsoring Native Corporations.'.
(d) EFFECTIVE DATE- The amendments made by this section shall apply to
taxable years ending after the date of the enactment of this Act and to
contributions made to electing Settlement Trusts for such year or any
subsequent year.
SEC. 175. TREATMENT OF INDIAN TRIBAL GOVERNMENTS UNDER FEDERAL UNEMPLOYMENT
TAX ACT.
(a) IN GENERAL- Section 3306(c)(7) (defining employment) is amended--
(1) by inserting `or in the employ of an Indian tribe,' after `service
performed in the employ of a State, or any political subdivision thereof,';
and
(2) by inserting `or Indian tribes' after `wholly owned by one or more
States or political subdivisions'.
(b) PAYMENTS IN LIEU OF CONTRIBUTIONS- Section 3309 (relating to State law
coverage of services performed for nonprofit organizations or governmental
entities) is amended--
(1) in subsection (a)(2) by inserting `, including an Indian tribe,'
after `the State law shall provide that a governmental entity';
(2) in subsection (b)(3)(B) by inserting `, or of an Indian tribe' after
`of a State or political subdivision thereof';
(3) in subsection (b)(3)(E) by inserting `or tribal' after `the State';
and
(4) in subsection (b)(5) by inserting `or of an Indian tribe' after `an
agency of a State or political subdivision thereof'.
(c) STATE LAW COVERAGE- Section 3309 (relating to State law coverage of
services performed for nonprofit organizations or governmental entities) is
amended by adding at the end the following new subsection:
`(d) ELECTION BY INDIAN TRIBE- The State law shall provide that an Indian
tribe may make contributions for employment as if the employment is within the
meaning of section 3306 or make payments in lieu of contributions under this
section, and shall provide that an Indian tribe may make separate elections
for itself and each subdivision, subsidiary, or business enterprise wholly
owned by such Indian tribe. State law may require a tribe to post a payment
bond or take other reasonable measures to assure the making of payments in
lieu of contributions under this section. Notwithstanding the requirements of
section 3306(a)(6), if, within 90 days of having received a notice of
delinquency, a tribe fails to make contributions, payments in lieu of
contributions, or payment of penalties or interest (at amounts or rates
comparable to those applied to all other employers covered under the State
law) assessed with respect to such failure, or if the tribe fails to post a
required payment bond, then service for the tribe shall not be excepted from
employment under section 3306(c)(7) until any such failure is corrected. This
subsection shall apply to an Indian tribe within the meaning of section 4(e)
of the Indian Self-Determination and Education Assistance Act (25 U.S.C.
450b(e)).'.
(d) DEFINITIONS- Section 3306 (relating to definitions) is amended by
adding at the end the following new subsection:
`(u) INDIAN TRIBE- For purposes of this chapter, the term `Indian tribe'
has the meaning given to such term by section 4(e) of the Indian
Self-Determination and Education Assistance Act (25 U.S.C. 450b(e)), and
includes any subdivision, subsidiary, or business enterprise wholly owned by
such an Indian tribe.'.
(e) EFFECTIVE DATE; TRANSITION RULE-
(1) EFFECTIVE DATE- The amendments made by this section shall apply to
service performed on or after the date of the enactment of this Act.
(2) TRANSITION RULE- For purposes of the Federal Unemployment Tax Act,
service performed in the employ of an Indian tribe (as defined in section
3306(u) of the Internal Revenue Code of 1986 (as added by this section))
shall not be treated as employment (within the meaning of section 3306 of
such Code) if--
(A) it is service which is performed before the date of the enactment
of this Act and with respect to which the tax imposed under the Federal
Unemployment Tax Act has not been paid, and
(B) such Indian tribe reimburses a State unemployment fund for
unemployment benefits paid for service attributable to such tribe for such
period.
SEC. 176. INCREASE IN SOCIAL SERVICES BLOCK GRANT FOR FY 2001.
(a) IN GENERAL- Section 2003(c) of the Social Security Act (42 U.S.C.
1397b(c)) is amended--
(1) in paragraph (10), by striking `and' at the end;
(2) in paragraph (11), by striking `2001' and inserting `2002';
(3) by redesignating paragraph (11) (as so amended) as paragraph (12);
and
(4) by inserting after paragraph (10), the following new
paragraph:
`(11) $2,400,000,000 for the fiscal year 2001; and'.
(b) EFFECTIVE DATE- The amendments made by subsection (a) take effect
October 1, 2000.
TITLE II--TAX INCENTIVES FOR AFFORDABLE HOUSING
Subtitle A--Low-Income Housing Credit
SEC. 201. MODIFICATION OF STATE CEILING ON LOW-INCOME HOUSING CREDIT.
(a) IN GENERAL- Clauses (i) and (ii) of section 42(h)(3)(C) (relating to
State housing credit ceiling) are amended to read as follows:
`(i) the unused State housing credit ceiling (if any) of such State
for the preceding calendar year,
`(I) $1.75 multiplied by the State population, or
(b) ADJUSTMENT OF STATE CEILING FOR INCREASES IN COST-OF-LIVING- Paragraph
(3) of section 42(h) (relating to housing credit dollar amount for agencies)
is amended by adding at the end the following new subparagraph:
`(H) COST-OF-LIVING ADJUSTMENT- In the case of a calendar year after
2001, each of the dollar amounts contained in subparagraph (C)(ii) shall
be increased by an amount equal to--
`(i) such dollar amount, multiplied by
`(ii) the cost-of-living adjustment determined under section 1(f)(3)
for such calendar year by substituting `calendar year 2000' for
`calendar year 1992' in subparagraph (B) thereof.
If any increase determined under the preceding sentence is not a
multiple of 5 cents ($5,000 in the case of the dollar amount in
subparagraph (C)(ii)(II)), such increase shall be rounded to the nearest
multiple thereof.'.
(c) CONFORMING AMENDMENTS-
(1) Section 42(h)(3)(C), as amended by subsection (a), is
amended--
(A) by striking `clause (ii)' in the matter following clause (iv) and
inserting `clause (i)', and
(B) by striking `clauses (i)' in the matter following clause (iv) and
inserting `clauses (ii)'.
(2) Section 42(h)(3)(D)(ii) is amended--
(A) by striking `subparagraph (C)(ii)' and inserting `subparagraph
(C)(i)', and
(B) by striking `clauses (i)' in subclause (II) and inserting `clauses
(ii)'.
(d) EFFECTIVE DATE- The amendments made by this section shall apply to
calendar years after 2000.
SEC. 202. MODIFICATION TO RULES RELATING TO BASIS OF BUILDING WHICH IS
ELIGIBLE FOR CREDIT.
(a) CERTAIN NATIVE AMERICAN HOUSING ASSISTANCE DISREGARDED IN DETERMINING
WHETHER BUILDING IS FEDERALLY SUBSIDIZED FOR PURPOSES OF THE LOW-INCOME
HOUSING CREDIT- Subparagraph (E) of section 42(i)(2) (relating to
determination of whether building is federally subsidized) is amended--
(1) in clause (i), by inserting `or the Native American Housing
Assistance and Self-Determination Act of 1996 (25 U.S.C. 4101 et seq.) (as
in effect on October 1, 1997)' after `this subparagraph)', and
(2) in the subparagraph heading, by inserting `OR NATIVE AMERICAN
HOUSING ASSISTANCE' after `HOME ASSISTANCE'.
(b) EFFECTIVE DATE- The amendments made by this section shall apply
to--
(1) housing credit dollar amounts allocated after December 31, 2000,
and
(2) buildings placed in service after such date to the extent paragraph
(1) of section 42(h) of the Internal Revenue Code of 1986 does not apply to
any building by reason of paragraph (4) thereof, but only with respect to
bonds issued after such date.
Subtitle B--Historic Homes
SEC. 211. TAX CREDIT FOR RENOVATING HISTORIC HOMES.
(a) IN GENERAL- Subpart A of part IV of subchapter A of chapter 1
(relating to nonrefundable personal credits) is amended by inserting after
section 25A the following new section:
`SEC. 25B. HISTORIC HOMEOWNERSHIP REHABILITATION CREDIT.
`(a) GENERAL RULE- In the case of an individual, there shall be allowed as
a credit against the tax imposed by this chapter for the taxable year an
amount equal to 20 percent of the qualified rehabilitation expenditures made
by the taxpayer with respect to a qualified historic home.
`(b) DOLLAR LIMITATION- The credit allowed by subsection (a) with respect
to any residence of a taxpayer shall not exceed $20,000 ($10,000 in the case
of a married individual filing a separate return).
`(c) CARRYFORWARD OF CREDIT UNUSED BY REASON OF LIMITATION BASED ON TAX
LIABILITY- If the credit allowable under subsection (a) for any taxable year
exceeds the limitation imposed by section 26(a) for such taxable year reduced
by the sum of the credits allowable under this subpart (other than this
section), such excess shall be carried to the succeeding taxable year (but not
for more than 10 taxable years succeeding the first taxable year in which the
credit under this section is allowed to the taxpayer) and added to the credit
allowable under subsection (a) for such succeeding taxable year.
`(d) QUALIFIED REHABILITATION EXPENDITURE- For purposes of this
section--
`(1) IN GENERAL- The term `qualified rehabilitation expenditure' means
any amount properly chargeable to capital account--
`(A) in connection with the certified rehabilitation of a qualified
historic home, and
`(B) for property for which depreciation would be allowable under
section 168 if the qualified historic home were used in a trade or
business.
`(2) CERTAIN EXPENDITURES NOT INCLUDED-
`(A) EXTERIOR- Such term shall not include any expenditure in
connection with the rehabilitation of a building unless at least 5 percent
of the total expenditures made in the rehabilitation process are allocable
to the rehabilitation of the exterior of such building.
`(B) OTHER RULES TO APPLY- Rules similar to the rules of clauses (ii)
and (iii) of section 47(c)(2)(B) shall apply.
`(3) MIXED USE OR MULTIFAMILY BUILDING- If only a portion of a building
is used as the principal residence of the taxpayer, only qualified
rehabilitation expenditures which are properly allocable to such portion
shall be taken into account under this section.
`(e) CERTIFIED REHABILITATION- For purposes of this section--
`(1) IN GENERAL- Except as otherwise provided in this subsection, the
term `certified rehabilitation' has the meaning given such term by section
47(c)(2)(C).
`(2) FACTORS TO BE CONSIDERED IN THE CASE OF TARGETED AREA RESIDENCES,
ETC-
`(A) IN GENERAL- For purposes of applying section 47(c)(2)(C) under
this section with respect to the rehabilitation of a building to which
this paragraph applies, consideration shall be given to--
`(i) the feasibility of preserving existing architectural and design
elements of the interior of such building,
`(ii) the risk of further deterioration or demolition of such
building in the event that certification is denied because of the
failure to preserve such interior elements, and
`(iii) the effects of such deterioration or demolition on
neighboring historic properties.
`(B) BUILDINGS TO WHICH THIS PARAGRAPH APPLIES- This paragraph shall
apply with respect to any building--
`(i) any part of which is a targeted area residence within the
meaning of section 143(j)(1), or
`(ii) which is located within an enterprise community or empowerment
zone as designated under section 1391,
but shall not apply with respect to any building which is listed in
the National Register.
`(3) APPROVED STATE PROGRAM- The term `certified rehabilitation'
includes a certification made by--
`(A) a State Historic Preservation Officer who administers a State
Historic Preservation Program approved by the Secretary of the Interior
pursuant to section 101(b)(1) of the National Historic Preservation Act,
as in effect on July 21, 1999, or
`(B) a local government, certified pursuant to section 101(c)(1) of
the National Historic Preservation Act, as in effect on July 21, 1999, and
authorized by a State Historic Preservation Officer, or the Secretary of
the Interior where there is no approved State program),
subject to such terms and conditions as may be specified by the
Secretary of the Interior for the rehabilitation of buildings within the
jurisdiction of such officer (or local government) for purposes of this
section.
`(f) DEFINITIONS AND SPECIAL RULES- For purposes of this section--
`(1) QUALIFIED HISTORIC HOME- The term `qualified historic home' means a
certified historic structure--
`(A) which has been substantially rehabilitated, and
`(B) which (or any portion of which)--
`(i) is owned by the taxpayer, and
`(ii) is used (or will, within a reasonable period, be used) by such
taxpayer as his principal residence.
`(2) SUBSTANTIALLY REHABILITATED- The term `substantially rehabilitated'
has the meaning given such term by section 47(c)(1)(C); except that, in the
case of any building described in subsection (e)(2), clause (i)(I) thereof
shall not apply.
`(3) PRINCIPAL RESIDENCE- The term `principal residence' has the same
meaning as when used in section 121.
`(4) CERTIFIED HISTORIC STRUCTURE-
`(A) IN GENERAL- The term `certified historic structure' means any
building (and its structural components) which--
`(i) is listed in the National Register, or
`(ii) is located in a registered historic district (as defined in
section 47(c)(3)(B)) within which only qualified census tracts (or
portions thereof) are located, and is certified by the Secretary of the
Interior to the Secretary as being of historic significance to the
district.
`(B) CERTAIN STRUCTURES INCLUDED- Such term includes any building (and
its structural components) which is designated as being of historic
significance under a statute of a State or local government, if such
statute is certified by the Secretary of the Interior to the Secretary as
containing criteria which will substantially achieve the purpose of
preserving and rehabilitating buildings of historic significance.
`(C) QUALIFIED CENSUS TRACTS- For purposes of subparagraph
(A)(ii)--
`(i) IN GENERAL- The term `qualified census tract' means a census
tract in which the median family income is less than twice the statewide
median family income.
`(ii) DATA USED- The determination under clause (i) shall be made on
the basis of the most recent decennial census for which data are
available.
`(5) REHABILITATION NOT COMPLETE BEFORE CERTIFICATION- A rehabilitation
shall not be treated as complete before the date of the certification
referred to in subsection (e).
`(6) LESSEES- A taxpayer who leases his principal residence shall, for
purposes of this section, be treated as the owner thereof if the remaining
term of the lease (as of the date determined under regulations prescribed by
the Secretary) is not less than such minimum period as the regulations
require.
`(7) TENANT-STOCKHOLDER IN COOPERATIVE HOUSING CORPORATION- If the
taxpayer holds stock as a tenant-stockholder (as defined in section 216) in
a cooperative housing corporation (as defined in such section), such
stockholder shall be treated as owning the house or apartment which the
taxpayer is entitled to occupy as such stockholder.
`(8) ALLOCATION OF EXPENDITURES RELATING TO EXTERIOR OF BUILDING
CONTAINING COOPERATIVE OR CONDOMINIUM UNITS- The percentage of the total
expenditures made in the rehabilitation of a building containing cooperative
or condominium residential units allocated to the rehabilitation of the
exterior of the building shall be attributed proportionately to each
cooperative or condominium residential unit in such building for which a
credit under this section is claimed.
`(g) WHEN EXPENDITURES TAKEN INTO ACCOUNT- In the case of a building other
than a building to which subsection (h) applies, qualified rehabilitation
expenditures shall be treated for purposes of this section as made on the date
the rehabilitation is completed.
`(h) ALLOWANCE OF CREDIT FOR PURCHASE OF REHABILITATED HISTORIC HOME-
`(1) IN GENERAL- In the case of a qualified purchased historic home, the
taxpayer shall be treated as having made (on the date of purchase) the
qualified rehabilitation expenditures made by the seller of such home. For
purposes of the preceding sentence, expenditures made by the seller shall be
deemed to be qualified rehabilitation expenditures if such expenditures, if
made by the purchaser, would be qualified rehabilitation expenditures.
`(2) QUALIFIED PURCHASED HISTORIC HOME- For purposes of this subsection,
the term `qualified purchased historic home' means any substantially
rehabilitated certified historic structure purchased by the taxpayer
if--
`(A) the taxpayer is the first purchaser of such structure after the
date rehabilitation is completed, and the purchase occurs within 5 years
after such date,
`(B) the structure (or a portion thereof) will, within a reasonable
period, be the principal residence of the taxpayer,
`(C) no credit was allowed to the seller under this section or section
47 with respect to such rehabilitation, and
`(D) the taxpayer is furnished with such information as the Secretary
determines is necessary to determine the credit under this
subsection.
`(i) HISTORIC REHABILITATION MORTGAGE CREDIT CERTIFICATE-
`(1) IN GENERAL- The taxpayer may elect, in lieu of the credit otherwise
allowable under this section, to receive a historic rehabilitation mortgage
credit certificate. An election under this paragraph shall be made--
`(A) in the case of a building to which subsection (h) applies, at the
time of purchase, or
`(B) in any other case, at the time rehabilitation is
completed.
`(2) HISTORIC REHABILITATION MORTGAGE CREDIT CERTIFICATE- For purposes
of this subsection, the term `historic rehabilitation mortgage credit
certificate' means a certificate--
`(A) issued to the taxpayer, in accordance with procedures prescribed
by the Secretary, with respect to a certified rehabilitation,
`(B) the face amount of which shall be equal to the credit which would
(but for this subsection) be allowable under subsection (a) to the
taxpayer with respect to such rehabilitation,
`(C) which may only be transferred by the taxpayer to a lending
institution (including a non-depository institution) in connection with a
loan--
`(i) that is secured by the building with respect to which the
credit relates, and
`(ii) the proceeds of which may not be used for any purpose other
than the acquisition or rehabilitation of such building, and
`(D) in exchange for which such lending institution provides the
taxpayer--
`(i) a reduction in the rate of interest on the loan which results
in interest payment reductions which are substantially equivalent on a
present value basis to the face amount of such certificate,
or
`(ii) if the taxpayer so elects with respect to a specified amount
of the face amount of such a certificate relating to a
building--
`(I) which is a targeted area residence within the meaning of
section 143(j)(1), or
`(II) which is located in an enterprise community or empowerment
zone as designated under section 1391,
a payment which is substantially equivalent to such specified amount
to be used to reduce the taxpayer's cost of purchasing the building (and
only the remainder of such face amount shall be taken into account under
clause (i)).
`(3) METHOD OF DISCOUNTING- The present value under paragraph (2)(D)(i)
shall be determined--
`(A) for a period equal to the term of the loan referred to in
subparagraph (D)(i),
`(B) by using the convention that any payment on such loan in any
taxable year within such period is deemed to have been made on the last
day of such taxable year,
`(C) by using a discount rate equal to 65 percent of the average of
the annual Federal mid-term rate and the annual Federal long-term rate
applicable under section 1274(d)(1) to the month in which the taxpayer
makes an election under paragraph (1) and compounded annually,
and
`(D) by assuming that the credit allowable under this section for any
year is received on the last day of such year.
`(4) USE OF CERTIFICATE BY LENDER- The amount of the credit specified in
the certificate shall be allowed to the lender only to offset the regular
tax (as defined in section 55(c)) of such lender. The lender may carry
forward all unused amounts under this subsection until exhausted.
`(5) HISTORIC REHABILITATION MORTGAGE CREDIT CERTIFICATE NOT TREATED AS
TAXABLE INCOME- Notwithstanding any other provision of law, no benefit
accruing to the taxpayer through the use of an historic rehabilitation
mortgage credit certificate shall be treated as taxable income for purposes
of this title.
`(1) IN GENERAL- If, before the end of the 5-year period beginning on
the date on which the rehabilitation of the building is completed (or, if
subsection (h) applies, the date of purchase of such building by the
taxpayer, or, if subsection (i) applies, the date of the loan)--
`(A) the taxpayer disposes of such taxpayer's interest in such
building, or
`(B) such building ceases to be used as the principal residence of the
taxpayer,
the taxpayer's tax imposed by this chapter for the taxable year in which
such disposition or cessation occurs shall be increased by the recapture
percentage of the credit allowed under this section for all prior taxable
years with respect to such rehabilitation.
`(2) RECAPTURE PERCENTAGE- For purposes of paragraph (1), the recapture
percentage shall be determined in accordance with the following table:
`If the disposition or cessation occurs within--
The recapture percentage is--
(i) One full year after the taxpayer becomes entitled to the
credit
100
(ii) One full year after the close of the period described in clause
(i)
80
(iii) One full year after the close of the period described in clause
(ii)
60
(iv) One full year after the close of the period described in clause
(iii)
40
(v) One full year after the close of the period described in clause
(iv)
20.
`(k) BASIS ADJUSTMENTS- For purposes of this subtitle, if a credit is
allowed under this section for any expenditure with respect to any property
(including any purchase under subsection (h) and any transfer under subsection
(i)), the increase in the basis of such property which would (but for this
subsection) result from such expenditure shall be reduced by the amount of the
credit so allowed.
`(l) DENIAL OF DOUBLE BENEFIT- No credit shall be allowed under this
section for any amount for which credit is allowed under section 47.
`(m) REGULATIONS- The Secretary shall prescribe such regulations as may be
appropriate to carry out the purposes of this section, including regulations
where less than all of a building is used as a principal residence and where
more than 1 taxpayer use the same dwelling unit as their principal
residence.'.
(b) CONFORMING AMENDMENTS-
(1) Section 23(c) is amended by striking `section 1400C' and inserting
`sections 25B and 1400C'.
(2) Section 25(e)(1)(C) is amended by striking `23' and inserting `23,
25B,'.
(3) Section 1016(a) is amended by striking `and' at the end of paragraph
(26), by striking the period at the end of paragraph (27) and inserting `,
and', and by adding at the end the following new item:
`(28) to the extent provided in section 25B(k).'.
(4) Section 1400C(d) is amended by inserting `and section 25B' after
`this section'.
(c) CLERICAL AMENDMENT- The table of sections for subpart A of part IV of
subchapter A of chapter 1 is amended by inserting after the item relating to
section 25A the following new item:
`Sec. 25B. Historic homeownership rehabilitation credit.'.
(d) EFFECTIVE DATE- The amendments made by this section shall apply to
expenses paid or incurred in taxable years beginning after December 31,
2001.
Subtitle C--Forgiven Mortgage Obligations
SEC. 221. EXCLUSION FROM GROSS INCOME FOR CERTAIN FORGIVEN MORTGAGE
OBLIGATIONS.
(a) IN GENERAL- Paragraph (1) of section 108(a) (relating to exclusion
from gross income) is amended by striking `or' at the end of both
subparagraphs (A) and (C), by striking the period at the end of subparagraph
(D) and inserting `, or', and by inserting after subparagraph (D) the
following new subparagraph:
`(E) in the case of an individual, the indebtedness discharged is
qualified residential indebtedness.'.
(b) QUALIFIED RESIDENTIAL INDEBTEDNESS SHORTFALL- Section 108 (relating to
discharge of indebtedness) is amended by adding at the end the following new
subsection:
`(h) QUALIFIED RESIDENTIAL INDEBTEDNESS-
`(1) LIMITATIONS- The amount excluded under subparagraph (E) of
subsection (a)(1) with respect to any qualified residential indebtedness
shall not exceed the excess (if any) of--
`(A) the outstanding principal amount of such indebtedness
(immediately before the discharge), over
`(i) the amount realized from the sale of the real property securing
such indebtedness reduced by the cost of such sale, and
`(ii) the outstanding principal amount of any other indebtedness
secured by such property.
`(2) QUALIFIED RESIDENTIAL INDEBTEDNESS-
`(A) IN GENERAL- The term `qualified residential indebtedness' means
indebtedness which--
`(i) was incurred or assumed by the taxpayer in connection with real
property used as the principal residence of the taxpayer (within the
meaning of section 121) and is secured by such real
property,
`(ii) is incurred or assumed to acquire, construct, reconstruct, or
substantially improve such real property, and
`(iii) with respect to which such taxpayer makes an election to have
this paragraph apply.
`(B) REFINANCED INDEBTEDNESS- Such term shall include indebtedness
resulting from the refinancing of indebtedness under subparagraph (A)(ii),
but only to the extent the refinanced indebtedness does not exceed the
amount of the indebtedness being refinanced.
`(C) EXCEPTIONS- Such term shall not include qualified farm
indebtedness or qualified real property business indebtedness.'.
(c) CONFORMING AMENDMENTS-
(1) Paragraph (2) of section 108(a) is amended--
(A) by striking `and (D)' in subparagraph (A) and inserting `(D), and
(E)', and
(B) by amending subparagraph (B) to read as follows:
`(B) INSOLVENCY EXCLUSION TAKES PRECEDENCE OVER QUALIFIED FARM
EXCLUSION; QUALIFIED REAL PROPERTY BUSINESS EXCLUSION; AND QUALIFIED
RESIDENTIAL SHORTFALL EXCLUSION- Subparagraphs (C), (D), and (E) of
paragraph (1) shall not apply to a discharge to the extent the taxpayer is
insolvent.'.
(2) Paragraph (1) of section 108(b) is amended by striking `or (C)' and
inserting `(C), or (E)'.
(3) Subsection (c) of section 121 is amended by adding at the end the
following new paragraph:
`(3) SPECIAL RULE RELATING TO DISCHARGE OF INDEBTEDNESS- The amount of
gain which (but for this paragraph) would be excluded from gross income
under subsection (a) with respect to a principal residence shall be reduced
by the amount excluded from gross income under section 108(a)(1)(E) with
respect to such residence.'.
(d) EFFECTIVE DATE- The amendments made by this section shall apply to
discharges after the date of the enactment of this Act.
Subtitle D--Mortgage Revenue Bonds
SEC. 231. INCREASE IN PURCHASE PRICE LIMITATION UNDER MORTGAGE SUBSIDY BOND
RULES BASED ON MEDIAN FAMILY INCOME.
(a) IN GENERAL- Paragraph (1) of section 143(e) (relating to purchase
price requirement) is amended to read as follows:
`(1) IN GENERAL- An issue meets the requirements of this subsection only
if the acquisition cost of each residence the owner-financing of which is
provided under the issue does not exceed the greater of--
`(A) 90 percent of the average area purchase price applicable to the
residence, or
`(B) 3.5 times the applicable median family income (as defined in
subsection (f)(4)).'.
(b) EFFECTIVE DATE- The amendment made by this section shall apply to
obligations issued after the date of the enactment of this Act.
SEC. 232. MORTGAGE FINANCING FOR RESIDENCES LOCATED IN PRESIDENTIALLY
DECLARED DISASTER AREAS.
(a) IN GENERAL- Paragraph (11) of section 143(k) of the Internal Revenue
Code of 1986 is amended to read as follows:
`(11) SPECIAL RULES FOR RESIDENCES LOCATED IN DISASTER AREAS-
`(A) HOME IMPROVEMENT LOANS FOR REPAIRS- In the case of financing
provided by a qualified home improvement loan for the repair of damage to
a residence located in a disaster area which was sustained as a result of
the disaster--
`(i) the limitation under paragraph (4) shall be increased (but not
above $100,000) to the extent such loan is for the repair of such
damage, and
`(ii) subsection (f) (relating to income requirement) shall be
applied as if such residence were a targeted area residence.
`(B) PURCHASE OF REPLACEMENT HOME- In the case of financing provided
to acquire a residence located in a disaster area by mortgagors whose
prior residence was in such area and was destroyed or otherwise rendered
uninhabitable as a result of the disaster--
`(i) subsection (d) (relating to 3-year requirement) shall not
apply, and
`(ii) subsections (e) and (f) (relating to purchase price
requirement and income requirement) shall be applied as if such
residence were a targeted area residence.
`(C) FINANCING MUST BE PROVIDED WITHIN 2 YEARS AFTER DISASTER
DECLARATION- This paragraph shall apply only to financing provided within
2 years after the date of the disaster declaration.
`(D) DISASTER AREA- For purposes of this paragraph, the term `disaster
area' means an area determined by the President to warrant assistance from
the Federal Government under the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (as in effect on the date of the enactment of the
Taxpayer Relief Act of 1997) and with respect to which the Federal share
of disaster payments exceeds 75 percent.
`(E) APPLICATION OF PARAGRAPH- This paragraph shall apply only with
respect to bonds issued after December 31, 2000.'.
(b) EFFECTIVE DATE- The amendment made by this section shall apply to
bonds issued after December 31, 2000.
Subtitle E--Property and Casualty Insurance
SEC. 241. EXEMPTION FROM INCOME TAX FOR STATE-CREATED ORGANIZATIONS
PROVIDING PROPERTY AND CASUALTY INSURANCE FOR PROPERTY FOR WHICH SUCH COVERAGE
IS OTHERWISE UNAVAILABLE.
(a) IN GENERAL- Subsection (c) of section 501 (relating to exemption from
tax on corporations, certain trusts, etc.) is amended by adding at the end the
following new paragraph:
`(28)(A) Any association created before January 1, 1999, by State law
and organized and operated exclusively to provide property and casualty
insurance coverage for property located within the State for which the State
has determined that coverage in the authorized insurance market is limited
or unavailable at reasonable rates, if--
`(i) no part of the net earnings of which inures to the benefit of any
private shareholder or individual,
`(ii) except as provided in clause (v), no part of the assets of which
may be used for, or diverted to, any purpose other than--
`(I) to satisfy, in whole or in part, the liability of the
association for, or with respect to, claims made on policies written by
the association,
`(II) to invest in investments authorized by applicable
law,
`(III) to pay reasonable and necessary administration expenses in
connection with the establishment and operation of the association and
the processing of claims against the association, or
`(IV) to make remittances pursuant to State law to be used by the
State to provide for the payment of claims on policies written by the
association, purchase reinsurance covering losses under such policies,
or to support governmental programs to prepare for or mitigate the
effects of natural catastrophic events,
`(iii) the State law governing the association permits the association
to levy assessments on insurance companies authorized to sell property and
casualty insurance in the State, or on property and casualty insurance
policyholders with insurable interests in property located in the State to
fund deficits of the association, including the creation of
reserves,
`(iv) the plan of operation of the association is subject to approval
by the chief executive officer or other official of the State, by the
State legislature, or both, and
`(v) the assets of the association revert upon dissolution to the
State, the State's designee, or an entity designated by the State law
governing the association, or State law does not permit the dissolution of
the association.
`(B)(i) An entity described in clause (ii) shall be disregarded as a
separate entity and treated as part of the association described in
subparagraph (A) from which it receives remittances described in clause (ii)
if an election is made within 30 days after the date that such association
is determined to be exempt from tax.
`(ii) An entity is described in this clause if it is an entity or fund
created before January 1, 1999, pursuant to State law and organized and
operated exclusively to receive, hold, and invest remittances from an
association described in subparagraph (A) and exempt from tax under
subsection (a), to make disbursements to pay claims on insurance contracts
issued by such association, and to make disbursements to support
governmental programs to prepare for or mitigate the effects of natural
catastrophic events.'.
(b) UNRELATED BUSINESS TAXABLE INCOME- Subsection (a) of section 512
(relating to unrelated business taxable income) is amended by adding at the
end the following new paragraph:
`(6) SPECIAL RULE APPLICABLE TO ORGANIZATIONS DESCRIBED IN SECTION
501(c)(28)- In the case of an organization described in section 501(c)(28),
the term `unrelated business taxable income' means taxable income for a
taxable year computed without the application of section 501(c)(28) if at
the end of the immediately preceding taxable year the organization's net
equity exceeded 15 percent of the total coverage in force under insurance
contracts issued by the organization and outstanding at the end of such
preceding year.'.
(c) TRANSITIONAL RULE- No income or gain shall be recognized by an
association as a result of a change in status to that of an association
described by section 501(c)(28) of the Internal Revenue Code of 1986, as
amended by subsection (a).
(d) EFFECTIVE DATE- The amendment made by subsection (a) shall apply to
taxable years beginning after December 31, 2000.
TITLE III--TAX INCENTIVES FOR URBAN AND RURAL
INFRASTRUCTURE
SEC. 301. INCREASE IN STATE CEILING ON PRIVATE ACTIVITY BONDS.
(a) IN GENERAL- Paragraphs (1) and (2) of section 146(d) (relating to
State ceiling) are amended to read as follows:
`(1) IN GENERAL- The State ceiling applicable to any State for any
calendar year shall be the greater of--
`(A) an amount equal to $75 multiplied by the State population,
or
`(2) COST-OF-LIVING ADJUSTMENT- In the case of a calendar year after
2001, each of the dollar amounts contained in paragraph (1) shall be
increased by an amount equal to--
`(A) such dollar amount, multiplied by
`(B) the cost-of-living adjustment determined under section 1(f)(3)
for such calendar year by substituting `calendar year 2000' for `calendar
year 1992' in subparagraph (B) thereof.
If any increase determined under the preceding sentence is not a
multiple of $5 ($5,000 in the case of the dollar amount in paragraph
(1)(B)), such increase shall be rounded to the nearest multiple
thereof.'.
(b) EFFECTIVE DATE- The amendment made by this section shall apply to
calendar years after 2000.
SEC. 302. MODIFICATIONS TO EXPENSING OF ENVIRONMENTAL REMEDIATION
COSTS.
(a) EXPENSING NOT LIMITED TO SITES IN TARGETED AREAS- Subsection (c) of
section 198 is amended to read as follows:
`(c) QUALIFIED CONTAMINATED SITE- For purposes of this section--
`(1) IN GENERAL- The term `qualified contaminated site' means any
area--
`(A) which is held by the taxpayer for use in a trade or business or
for the production of income, or which is property described in section
1221(a)(1) in the hands of the taxpayer, and
`(B) at or on which there has been a release (or threat of release) or
disposal of any hazardous substance.
`(2) NATIONAL PRIORITIES LISTED SITES NOT INCLUDED- Such term shall not
include any site which is on, or proposed for, the national priorities list
under section 105(a)(8)(B) of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (as in effect on the date of the
enactment of this section).
`(3) TAXPAYER MUST RECEIVE STATEMENT FROM STATE ENVIRONMENTAL AGENCY- An
area shall be treated as a qualified contaminated site with respect to
expenditures paid or incurred during any taxable year only if the taxpayer
receives a statement from the appropriate agency of the State in which such
area is located that such area meets the requirement of paragraph
(1)(B).
`(4) APPROPRIATE STATE AGENCY- For purposes of paragraph (3), the chief
executive officer of each State may, in consultation with the Administrator
of the Environmental Protection Agency, designate the appropriate State
environmental agency within 60 days of the date of the enactment of this
section. If the chief executive officer of a State has not designated an
appropriate environmental agency within such 60-day period, the appropriate
environmental agency for such State shall be designated by the Administrator
of the Environmental Protection Agency.'.
(b) EXTENSION OF TERMINATION DATE- Subsection (h) of section 198 is
amended by striking `2001' and inserting `2003'.
(c) EFFECTIVE DATE- The amendments made by this section shall apply to
expenditures paid or incurred after the date of the enactment of this Act.
SEC. 303. BROADBAND INTERNET ACCESS TAX CREDIT.
(a) IN GENERAL- Subpart E of part IV of chapter 1 (relating to rules for
computing investment credit) is amended by inserting after section 48 the
following new section:
`SEC. 48A. BROADBAND CREDIT.
`(a) GENERAL RULE- For purposes of section 46, the broadband credit for
any taxable year is the sum of--
`(1) the current generation broadband credit, plus
`(2) the next generation broadband credit.
`(b) CURRENT GENERATION BROADBAND CREDIT; NEXT GENERATION BROADBAND
CREDIT- For purposes of this section--
`(1) CURRENT GENERATION BROADBAND CREDIT- The current generation
broadband credit for any taxable year is equal to 10 percent of the
qualified expenditures incurred with respect to qualified equipment offering
current generation broadband services to rural subscribers or underserved
subscribers and taken into account with respect to such taxable year.
`(2) NEXT GENERATION BROADBAND CREDIT- The next generation broadband
credit for any taxable year is equal to 20 percent of the qualified
expenditures incurred with respect to qualified equipment offering next
generation broadband services to all rural subscribers, all underserved
subscribers, or any other residential subscribers and taken into account
with respect to such taxable year.
`(c) WHEN EXPENDITURES TAKEN INTO ACCOUNT- For purposes of this
section--
`(1) IN GENERAL- Qualified expenditures with respect to qualified
equipment shall be taken into account with respect to the first taxable year
in which current generation broadband services or next generation broadband
services are offered by the taxpayer through such equipment to
subscribers.
`(2) OFFER OF SERVICES- For purposes of paragraph (1), the offer of
current generation broadband services or next generation broadband services
through qualified equipment occurs when such class of service is purchased
by and provided to at least 10 percent of the subscribers described in
subsection (b) which such equipment is capable of serving through the legal
or contractual area access rights or obligations of the taxpayer.
`(d) SPECIAL ALLOCATION RULES-
`(1) CURRENT GENERATION BROADBAND SERVICES- For purposes of determining
the current generation broadband credit under subsection (a)(1), if the
qualified equipment is capable of serving both the subscribers described
under subsection (b)(1) and other subscribers, the qualified expenditures
shall be multiplied by a fraction--
`(A) the numerator of which is the sum of the total potential
subscriber populations within the rural areas and the underserved areas
which the equipment is capable of serving, and
`(B) the denominator of which is the total potential subscriber
population of the area which the equipment is capable of serving.
`(2) NEXT GENERATION BROADBAND SERVICES- For purposes of determining the
next generation broadband credit under subsection (a)(2), if the qualified
equipment is capable of serving both the subscribers described under
subsection (b)(2) and other subscribers, the qualified expenditures shall be
multiplied by a fraction--
`(A) the numerator of which is the sum of--
`(i) the total potential subscriber populations within the rural
areas and underserved areas, plus
`(ii) the total potential subscriber population of the area
consisting only of residential subscribers not described in clause
(i),
which the equipment is capable of serving, and
`(B) the denominator of which is the total potential subscriber
population of the area which the equipment is capable of serving.
`(e) DEFINITIONS- For purposes of this section--
`(1) ANTENNA- The term `antenna' means any device used to transmit or
receive signals through the electromagnetic spectrum, including satellite
equipment.
`(2) CABLE OPERATOR- The term `cable operator' has the meaning given
such term by section 602(5) of the Communications Act of 1934 (47 U.S.C.
522(5)).
`(3) COMMERCIAL MOBILE SERVICE CARRIER- The term `commercial mobile
service carrier' means any person authorized to provide commercial mobile
radio service as defined in section 20.3 of title 47, Code of Federal
Regulations.
`(4) CURRENT GENERATION BROADBAND SERVICE- The term `current generation
broadband service' means the transmission of signals at a rate of at least
1,500,000 bits per second to the subscriber and at least 200,000 bits per
second from the subscriber.
`(5) NEXT GENERATION BROADBAND SERVICE- The term `next generation
broadband service' means the transmission of signals at a rate of at least
22,000,000 bits per second to the subscriber and at least 10,000,000 bits
per second from the subscriber.
`(6) NONRESIDENTIAL SUBSCRIBER- The term `nonresidential subscriber'
means a person or entity who purchases broadband services which are
delivered to the permanent place of business of such person or entity.
`(7) OPEN VIDEO SYSTEM OPERATOR- The term `open video system operator'
means any person authorized to provide service under section 653 of the
Communications Act of 1934 (47 U.S.C. 573).
`(8) OTHER WIRELESS CARRIER- The term `other wireless carrier' means any
person (other than a telecommunications carrier, commercial mobile service
carrier, cable operator, open video system operator, or satellite carrier)
providing current generation broadband services or next generation broadband
service to subscribers through the radio transmission of energy.
`(9) PACKET SWITCHING- The term `packet switching' means controlling or
routing the path of a digitized transmission signal which is assembled into
packets or cells.
`(10) QUALIFIED EQUIPMENT-
`(A) IN GENERAL- The term `qualified equipment' means equipment
capable of providing current generation broadband services or next
generation broadband services at any time to each subscriber who is
utilizing such services.
`(B) ONLY CERTAIN INVESTMENT TAKEN INTO ACCOUNT- Except as provided in
subparagraph (C), equipment shall be taken into account under subparagraph
(A) only to the extent it--
`(i) extends from the last point of switching to the outside of the
unit, building, dwelling, or office owned or leased by a subscriber in
the case of a telecommunications carrier,
`(ii) extends from the customer side of the mobile telephone
switching office to a transmission/receive antenna (including such
antenna) owned or leased by a subscriber in the case of a commercial
mobile service carrier,
`(iii) extends from the customer side of the headend to the outside
of the unit, building, dwelling, or office owned or leased by a
subscriber in the case of a cable operator or open video system
operator, or
`(iv) extends from a transmission/receive antenna (including such
antenna) which transmits and receives signals to or from multiple
subscribers to a transmission/receive antenna (including such antenna)
on the outside of the unit, building, dwelling, or office owned or
leased by a subscriber in the case of a satellite carrier or other
wireless carrier, unless such other wireless carrier is also a
telecommunications carrier.
`(C) PACKET SWITCHING EQUIPMENT- Packet switching equipment,
regardless of location, shall be taken into account under subparagraph (A)
only if it is deployed in connection with equipment described in
subparagraph (B) and it is uniquely designed to perform the function of
packet switching for current generation broadband services or next
generation broadband services, but only if such packet switching is the
last in a series of such functions performed in the transmission of a
signal to a subscriber or the first in a series of such functions
performed in the transmission of a signal from a subscriber.
`(11) QUALIFIED EXPENDITURE-
`(A) IN GENERAL- The term `qualified expenditure' means any
amount--
`(i) chargeable to capital account with respect to the purchase and
installation of qualified equipment (including any upgrades thereto) for
which depreciation is allowable under section 168, and
`(I) with respect to the provision of current generation broadband
service, after December 31, 2000, and before January 1, 2004,
and
`(II) with respect to the provision of next generation broadband
service, after December 31, 2001, and before January 1,
2005.
`(B) CERTAIN SATELLITE EXPENDITURES EXCLUDED- Such term shall not
include any expenditure with respect to the launching of any satellite
equipment.
`(12) RESIDENTIAL SUBSCRIBER- The term `residential subscriber' means an
individual who purchases broadband services which are delivered to such
individual's dwelling.
`(A) IN GENERAL- The term `rural subscriber' means a residential
subscriber residing in a dwelling located in a rural area or
nonresidential subscriber maintaining a permanent place of business
located in a rural area.
`(B) RURAL AREA- The term `rural area' means any census tract
which--
`(i) is not within 10 miles of any incorporated or census designated
place containing more than 25,000 people, and
`(ii) is not within a county or county equivalent which has an
overall population density of more than 500 people per square mile of
land.
`(14) SATELLITE CARRIER- The term `satellite carrier' means any person
using the facilities of a satellite or satellite service licensed by the
Federal Communications Commission and operating in the Fixed-Satellite
Service under part 25 of title 47 of the Code of Federal Regulations or the
Direct Broadcast Satellite Service under part 100 of title 47 of such Code
to establish and operate a channel of communications for point-to-multipoint
distribution of signals, and owning or leasing a capacity or service on a
satellite in order to provide such point-to-multipoint distribution.
`(15) SUBSCRIBER- The term `subscriber' means a person who purchases
current generation broadband services or next generation broadband
services.
`(16) TELECOMMUNICATIONS CARRIER- The term `telecommunications carrier'
has the meaning given such term by section 3(44) of the Communications Act
of 1934 (47 U.S.C. 153 (44)), but--
`(A) includes all members of an affiliated group of which a
telecommunications carrier is a member, and
`(B) does not include a commercial mobile service carrier.
`(17) TOTAL POTENTIAL SUBSCRIBER POPULATION- The term `total potential
subscriber population' means, with respect to any area and based on the most
recent census data, the total number of potential residential subscribers
residing in dwellings located in such area and potential nonresidential
subscribers maintaining permanent places of business located in such
area.
`(18) UNDERSERVED SUBSCRIBER-
`(A) IN GENERAL- The term `underserved subscriber' means a residential
subscriber residing in a dwelling located in an underserved area or
nonresidential subscriber maintaining a permanent place of business
located in an underserved area.
`(B) UNDERSERVED AREA- The term `underserved area' means any census
tract--
`(i) the poverty level of which is at least 30 percent (based on the
most recent census data),
`(ii) the median family income of which does not
exceed--
`(I) in the case of a census tract located in a metropolitan
statistical area, 70 percent of the greater of the metropolitan area
median family income or the statewide median family income,
and
`(II) in the case of a census tract located in a nonmetropolitan
statistical area, 70 percent of the nonmetropolitan statewide median
family income, or
`(iii) which is located in an empowerment zone or enterprise
community designated under section 1391.
`(f) DESIGNATION OF CENSUS TRACTS- The Secretary shall, not later than 90
days after the date of the enactment of this section, designate and publish
those census tracts meeting the criteria described in paragraphs (13)(B) and
(18)(B) of subsection (e), and such tracts shall remain so designated for the
period ending with the applicable termination date described in subsection
(e)(11)(A)(ii).'.
(b) CREDIT TO BE PART OF INVESTMENT CREDIT- Section 46 (relating to the
amount of investment credit) is amended by striking `and' at the end of
paragraph (2), by striking the period at the end of paragraph (3) and
inserting `, and', and by adding at the end the following new paragraph:
`(4) the broadband credit.'.
(c) SPECIAL RULE FOR MUTUAL OR COOPERATIVE TELEPHONE COMPANIES- Section
501(c)(12)(B) (relating to list of exempt organizations) is amended by
striking `or' at the end of clause (iii), by striking the period at the end of
clause (iv) and inserting `, or', and by adding at the end the following new
clause:
`(v) from sources not described in subparagraph (A), but only to the
extent such income does not in any year exceed an amount equal to the
credit for qualified expenditures which would be determined under
section 48A for such year if the mutual or cooperative telephone company
was not exempt from taxation.'.
(d) CONFORMING AMENDMENT- The table of sections for subpart E of part IV
of subchapter A of chapter 1 is amended by inserting after the item relating
to section 48 the following new item:
`Sec. 48A. Broadband credit.'.
(e) REGULATORY MATTERS- No Federal or State agency or instrumentality
shall adopt regulations or ratemaking procedures that would have the effect of
confiscating any credit or portion thereof allowed under section 48A of the
Internal Revenue Code of 1986 (as added by this section) or otherwise
subverting the purpose of this section.
(1) SENSE OF CONGRESS- It is the sense of Congress that in order to
maintain competitive neutrality, the credit allowed under section 48A of the
Internal Revenue Code of 1986 (as added by this section) should be
administered in such a manner so as to ensure that each class of provider
receives the same level of financial incentive to deploy current generation
broadband services and next generation broadband services.
(2) STUDY AND REPORT- The Secretary of the Treasury shall, within 180
days after the effective date of this section, study the impact of the
credit allowed under section 48A of the Internal Revenue Code of 1986 (as
added by this section) on the relative competitiveness of potential classes
of providers of current generation broadband services and next generation
broadband services, and shall report to Congress the findings of such study,
together with any legislative or regulatory proposals determined to be
necessary to ensure that the purposes of such credit can be furthered
without impacting competitive neutrality among such classes of
providers.
(1) IN GENERAL- Except as provided in paragraph (2), the amendments made
by this section shall apply to expenditures incurred after December 31,
2000.
(2) SPECIAL RULE- The amendments made by subsection (c) shall apply to
amounts received after December 31, 2000.
SEC. 304. CREDIT TO HOLDERS OF QUALIFIED AMTRAK BONDS.
(a) IN GENERAL- Part IV of subchapter A of chapter 1 (relating to credits
against tax) is amended by adding at the end the following new subpart:
`Subpart H--Nonrefundable Credit for Holders of Qualified Amtrak
Bonds
`Sec. 54. Credit to holders of qualified Amtrak bonds.
`SEC. 54. CREDIT TO HOLDERS OF QUALIFIED AMTRAK BONDS.
`(a) ALLOWANCE OF CREDIT- In the case of a taxpayer who holds a qualified
Amtrak bond on a credit allowance date of such bond which occurs during the
taxable year, there shall be allowed as a credit against the tax imposed by
this chapter for such taxable year an amount equal to the sum of the credits
determined under subsection (b) with respect to credit allowance dates during
such year on which the taxpayer holds such bond.
`(1) IN GENERAL- The amount of the credit determined under this
subsection with respect to any credit allowance date for a qualified Amtrak
bond is 25 percent of the annual credit determined with respect to such
bond.
`(2) ANNUAL CREDIT- The annual credit determined with respect to any
qualified Amtrak bond is the product of--
`(A) the applicable credit rate, multiplied by
`(B) the outstanding face amount of the bond.
`(3) APPLICABLE CREDIT RATE- For purposes of paragraph (2), the
applicable credit rate with respect to an issue is the rate equal to an
average market yield (as of the day before the date of issuance of the
issue) on outstanding long-term corporate debt obligations (determined under
regulations prescribed by the Secretary).
`(4) SPECIAL RULE FOR ISSUANCE AND REDEMPTION- In the case of a bond
which is issued during the 3-month period ending on a credit allowance date,
the amount of the credit determined under this subsection with respect to
such credit allowance date shall be a ratable portion of the credit
otherwise determined based on the portion of the 3-month period during which
the bond is outstanding. A similar rule shall apply when the bond is
redeemed.
`(c) LIMITATION BASED ON AMOUNT OF TAX-
`(1) IN GENERAL- The credit allowed under subsection (a) for any taxable
year shall not exceed the excess of--
`(A) the sum of the regular tax liability (as defined in section
26(b)) plus the tax imposed by section 55, over
`(B) the sum of the credits allowable under this part (other than this
subpart and subpart C).
`(2) CARRYOVER OF UNUSED CREDIT- If the credit allowable under
subsection (a) exceeds the limitation imposed by paragraph (1) for such
taxable year, such excess shall be carried to the succeeding taxable year
and added to the credit allowable under subsection (a) for such taxable
year.
`(d) QUALIFIED AMTRAK BOND- For purposes of this part--
`(1) IN GENERAL- The term `qualified Amtrak bond' means any bond issued
as part of an issue if--
`(A) 95 percent or more of the proceeds of such issue are--
`(i) to be used for any qualified project, or
`(ii) to be pledged to secure payments and other obligations
incurred by the National Railroad Passenger Corporation in connection
with any qualified project,
`(B) the bond is issued by the National Railroad Passenger
Corporation,
`(i) designates such bond for purposes of this section,
`(ii) certifies that it meets the State contribution requirement of
paragraph (2) with respect to such project, and
`(iii) certifies that it has obtained the written approval of the
Secretary of Transportation for such project,
`(D) the term of each bond which is part of such issue does not exceed
20 years, and
`(E) the payment of principal with respect to such bond is guaranteed
by the National Railroad Passenger Corporation.
`(2) STATE CONTRIBUTION REQUIREMENT-
`(A) IN GENERAL- For purposes of paragraph (1)(C)(ii), the State
contribution requirement of this paragraph is met with respect to any
qualified project if the National Railroad Passenger Corporation has a
written binding commitment from 1 or more States to make matching
contributions not later than the date of issuance of the issue of not less
than 20 percent of the cost of the qualified project.
`(B) USE OF STATE MATCHING CONTRIBUTIONS- The matching contributions
described in subparagraph (A) with respect to each qualified project shall
be used--
`(i) in the case of an amount not to exceed 20 percent of the cost
of such project, to redeem bonds which are a part of the issue with
respect to such project, and
`(ii) in the case of any remaining amount, at the election of the
National Railroad Passenger Corporation and the contributing
State--
`(I) to fund the qualified project,
`(II) to redeem such bonds, or
`(III) for the purposes of subclauses (I) and (II).
`(C) STATE MATCHING CONTRIBUTIONS MAY NOT INCLUDE FEDERAL FUNDS- For
purposes of this paragraph, State matching contributions shall not be
derived, directly or indirectly, from Federal funds, including any
transfers from the Highway Trust Fund under section 9503.
`(D) NO STATE CONTRIBUTION REQUIREMENT FOR CERTAIN QUALIFIED PROJECT-
With respect to the qualified project described in subsection (e)(2)(B),
the State contribution requirement of this paragraph is zero.
`(3) QUALIFIED PROJECT- The term `qualified project' means--
`(A) the acquisition, financing, or refinancing (as described in
paragraph (1)(A)(ii)) of equipment, rolling stock, and other capital
improvements for the northeast rail corridor between Washington, D.C. and
Boston, Massachusetts (including the project described in subsection
(e)(2)(B)),
`(B) the acquisition, financing, or refinancing (as so described) of
equipment, rolling stock, and other capital improvements for the
improvement of train speeds or safety (or both) on the high-speed rail
corridors designated under section 104(d)(2) of title 23, United States
Code, and
`(C) the acquisition, financing, or refinancing (as so described) of
equipment, rolling stock, and other capital improvements for other
intercity passenger rail corridors, including station rehabilitation or
construction, track or signal improvements, or the elimination of grade
crossings.
`(e) LIMITATIONS ON AMOUNT OF BONDS DESIGNATED-
`(1) IN GENERAL- There is a qualified Amtrak bond limitation for each
fiscal year. Such limitation is--
`(A) $1,000,000,000 for each of the fiscal years 2001 through 2010,
and
`(B) except as provided in paragraph (5), zero after fiscal year
2010.
`(2) BONDS FOR RAIL CORRIDORS-
`(A) IN GENERAL- Not more than $3,000,000,000 of the limitation under
paragraph (1) may be designated for any 1 rail corridor described in
subparagraph (A) or (B) of subsection (d)(3).
`(B) SPECIFIC QUALIFIED PROJECT ALLOCATION- Of the amount described in
subparagraph (A), the Secretary of Transportation shall allocate
$92,000,000 for the acquisition and installation of platform facilities,
performance of railroad force account work necessary to complete
improvements below street grade, and any other necessary improvements
related to construction at the railroad station at the James A. Farley
Post Office Building in New York City, New York.
`(3) BONDS FOR OTHER PROJECTS- Not more than 10 percent of the
limitation under paragraph (1) for any fiscal year may be allocated to
qualified projects described in subsection (d)(3)(C).
`(4) BONDS FOR ALASKA RAILROAD- The Secretary of Transportation may
allocate to the Alaska Railroad a portion of the qualified Amtrak limitation
for any fiscal year in order to allow the Alaska Railroad to issue bonds
which meet the requirements of this section for use in financing any project
described in subsection (d)(3)(C). For purposes of this section, the Alaska
Railroad shall be treated in the same manner as the National Passenger
Railroad Corporation.
`(5) CARRYOVER OF UNUSED LIMITATION- If for any fiscal year--
`(A) the limitation amount under paragraph (1), exceeds
`(B) the amount of bonds issued during such year which are designated
under subsection (d)(1)(C)(i),
the limitation amount under paragraph (1) for the following fiscal year
(through fiscal year 2014) shall be increased by the amount of such
excess.
`(6) PREFERENCE FOR GREATER STATE PARTICIPATION- In selecting qualified
projects for allocation of the qualified Amtrak bond limitation under this
subsection, the Secretary of Transportation shall give preference to any
project with a State matching contribution rate exceeding 20 percent.
`(f) OTHER DEFINITIONS- For purposes of this subpart--
`(1) BOND- The term `bond' includes any obligation.
`(2) CREDIT ALLOWANCE DATE- The term `credit allowance date'
means--
Such term includes the last day on which the bond is outstanding.
`(3) STATE- The term `State' includes the District of Columbia.
`(g) CREDIT INCLUDED IN GROSS INCOME- Gross income includes the amount of
the credit allowed to the taxpayer under this section (determined without
regard to subsection (c)) and the amount so included shall be treated as
interest income.
`(h) SPECIAL RULES RELATING TO ARBITRAGE-
`(1) IN GENERAL- A bond shall not be treated as failing to meet the
requirements of subsection (d)(1) solely by reason of the fact that proceeds
of the issue of which such bond is a part are invested for a temporary
period (but not more than 36 months) until such proceeds are needed for the
purpose for which such issue was issued.
`(2) REASONABLE EXPECTATION AND BINDING COMMITMENT REQUIREMENTS-
Paragraph (1) shall apply to an issue only if, as of the date of issuance,
the issuer reasonably expects--
`(A) that at least 95 percent of the proceeds of the issue will be
spent for 1 or more qualified projects within the 3-year period beginning
on such date,
`(B) to incur a binding commitment with a third party to spend at
least 10 percent of the proceeds of the issue, or to commence preliminary
engineering or construction, with respect to such projects within the
6-month period beginning on such date, and
`(C) that the remaining proceeds of the issue will be spent with due
diligence with respect to such projects.
`(3) EARNINGS ON PROCEEDS- Any earnings on proceeds during the temporary
period shall be treated as proceeds of the issue for purposes of applying
subsection (d)(1) and paragraph (1) of this subsection.
`(i) USE OF TRUST ACCOUNT-
`(1) IN GENERAL- The amount of any matching contribution with respect to
a qualified project described in subsection (d)(2)(B)(i) or
(d)(2)(B)(ii)(II) and the temporary period investment earnings on proceeds
of the issue with respect to such project described in subsection (h)(1),
and any earnings thereon, shall be held in a trust account by a trustee
independent of the National Railroad Passenger Corporation to be used to
redeem bonds which are part of such issue.
`(2) USE OF REMAINING FUNDS IN TRUST ACCOUNT- Upon the repayment of the
principal of all qualified Amtrak bonds issued under this section, any
remaining funds in the trust account described in paragraph (1) shall be
available to the trustee described in paragraph (1) to meet any remaining
obligations under any guaranteed investment contract used to secure earnings
sufficient to repay the principal of such bonds.
`(j) OTHER SPECIAL RULES-
`(1) PARTNERSHIP; S CORPORATION; AND OTHER PASS-THRU ENTITIES- Under
regulations prescribed by the Secretary, in the case of a partnership,
trust, S corporation, or other pass-thru entity, rules similar to the rules
of section 41(g) shall apply with respect to the credit allowable under
subsection (a).
`(2) BONDS HELD BY REGULATED INVESTMENT COMPANIES- If any qualified
Amtrak bond is held by a regulated investment company, the credit determined
under subsection (a) shall be allowed to shareholders of such company under
procedures prescribed by the Secretary.
`(3) CREDITS MAY BE STRIPPED- Under regulations prescribed by the
Secretary--
`(A) IN GENERAL- There may be a separation (including at issuance) of
the ownership of a qualified Amtrak bond and the entitlement to the credit
under this section with respect to such bond. In case of any such
separation, the credit under this section shall be allowed to the person
who on the credit allowance date holds the instrument evidencing the
entitlement to the credit and not to the holder of the bond.
`(B) CERTAIN RULES TO APPLY- In the case of a separation described in
subparagraph (A), the rules of section 1286 shall apply to the qualified
Amtrak bond as if it were a stripped bond and to the credit under this
section as if it were a stripped coupon.
`(4) TREATMENT FOR ESTIMATED TAX PURPOSES- Solely for purposes of
sections 6654 and 6655, the credit allowed by this section to a taxpayer by
reason of holding a qualified Amtrak bond on a credit allowance date shall
be treated as if it were a payment of estimated tax made by the taxpayer on
such date.
`(5) CREDIT MAY BE TRANSFERRED- Nothing in any law or rule of law shall
be construed to limit the transferability of the credit allowed by this
section through sale and repurchase agreements.
`(6) REPORTING- Issuers of qualified Amtrak bonds shall submit reports
similar to the reports required under section 149(e).'.
(b) REPORTING- Subsection (d) of section 6049 (relating to returns
regarding payments of interest) is amended by adding at the end the following
new paragraph:
`(8) REPORTING OF CREDIT ON QUALIFIED AMTRAK BONDS-
`(A) IN GENERAL- For purposes of subsection (a), the term `interest'
includes amounts includible in gross income under section 54(g) and such
amounts shall be treated as paid on the credit allowance date (as defined
in section 54(f)(2)).
`(B) REPORTING TO CORPORATIONS, ETC- Except as otherwise provided in
regulations, in the case of any interest described in subparagraph (A) of
this paragraph, subsection (b)(4) of this section shall be applied without
regard to subparagraphs (A), (H), (I), (J), (K), and (L)(i).
`(C) REGULATORY AUTHORITY- The Secretary may prescribe such
regulations as are necessary or appropriate to carry out the purposes of
this paragraph, including regulations which require more frequent or more
detailed reporting.'.
(1) The table of subparts for part IV of subchapter A of chapter 1 is
amended by adding at the end the following new item:
`Subpart H. Nonrefundable Credit for Holders of Qualified Amtrak Bonds.'.
(2) Section 6401(b)(1) is amended by striking `and G' and inserting `G,
and H'.
(d) EFFECTIVE DATE- The amendments made by this section shall apply to
obligations issued after September 30, 2000.
(e) MULTI-YEAR CAPITAL SPENDING PLAN AND OVERSIGHT-
(1) AMTRAK CAPITAL SPENDING PLAN-
(A) IN GENERAL- The National Railroad Passenger Corporation shall
annually submit to the President and Congress a multi-year capital
spending plan, as approved by the Board of Directors of the
Corporation.
(B) CONTENTS OF PLAN- Such plan shall identify the capital investment
needs of the Corporation over a period of not less than 5 years and the
funding sources available to finance such needs and shall prioritize such
needs according to corporate goals and strategies.
(C) INITIAL SUBMISSION DATE- The first plan shall be submitted before
the issuance of any qualified Amtrak bonds pursuant to section 54 of the
Internal Revenue Code of 1986 (as added by this section).
(2) OVERSIGHT OF AMTRAK TRUST ACCOUNT AND QUALIFIED PROJECTS-
(A) TRUST ACCOUNT OVERSIGHT- The Secretary of the Treasury shall
annually report to Congress as to whether the amount deposited in the
trust account established by the National Passenger Railroad Corporation
under section 54(i) of such Code (as so added) is sufficient to fully
repay at maturity the principal of any outstanding qualified Amtrak bonds
issued pursuant to section 54 of such Code (as so added).
(B) PROJECT OVERSIGHT- The National Railroad Passenger Corporation
shall contract for an annual independent assessment of the costs and
benefits of the qualified projects financed by such qualified Amtrak
bonds, including an assessment of the investment evaluation process of the
Corporation. The annual assessment shall be included in the plan submitted
under paragraph (1).
(f) PROTECTION OF HIGHWAY TRUST FUND-
(1) CERTIFICATION BY THE SECRETARY OF THE TREASURY- The issuance of any
qualified Amtrak bonds by the National Passenger Railroad Corporation
pursuant to section 54 of the Internal Revenue Code of 1986 (as added by
this section) is conditioned on certification by the Secretary of the
Treasury, after consultation with the Secretary of Transportation, within 30
days of a request by the issuer, that with respect to funds of the Highway
Trust Fund described under paragraph (2), the issuer either--
(A) has not received such funds during fiscal years commencing with
fiscal year 2001 and ending before the fiscal year the bonds are issued,
or
(B) has repaid to the Highway Trust Fund any such funds which were
received during such fiscal years.
(2) APPLICABILITY- This subsection shall apply to funds received
directly or indirectly from the Highway Trust Fund established under section
9503 of the Internal Revenue Code of 1986, except for funds authorized to be
expended under section 9503(c) of such Code, as in effect on the date of the
enactment of this Act.
(3) NO RETROACTIVE EFFECT- Nothing in this subsection shall adversely
affect the entitlement of the holders of qualified Amtrak bonds to the tax
credit allowed pursuant to section 54 of the Internal Revenue Code of 1986
(as so added) or to repayment of principal upon maturity.
SEC. 305. CLARIFICATION OF CONTRIBUTION IN AID OF CONSTRUCTION.
(a) IN GENERAL- Subparagraph (A) of section 118(c)(3) (relating to
definitions) is amended to read as follows:
`(A) CONTRIBUTION IN AID OF CONSTRUCTION- The term `contribution in
aid of construction' shall be defined by regulations prescribed by the
Secretary, except that such term--
`(i) shall include amounts paid as customer connection fees
(including amounts paid to connect the customer's line to or extend a
main water or sewer line), and
`(ii) shall not include amounts paid as service charges for starting
or stopping services.'.
(b) EFFECTIVE DATE- The amendment made by subsection (a) shall apply to
amounts received after the date of the enactment of this Act.
SEC. 306. RECOVERY PERIOD FOR DEPRECIATION OF CERTAIN LEASEHOLD
IMPROVEMENTS.
(a) 15-YEAR RECOVERY PERIOD- Subparagraph (E) of section 168(e)(3)
(relating to 15-year property) is amended by striking `and' at the end of
clause (ii), by striking the period at the end of clause (iii) and inserting
`, and', and by adding at the end the following new clause:
`(iv) any qualified leasehold improvement property.'.
(b) QUALIFIED LEASEHOLD IMPROVEMENT PROPERTY- Subsection (e) of section
168 is amended by adding at the end the following new paragraph:
`(6) QUALIFIED LEASEHOLD IMPROVEMENT PROPERTY-
`(A) IN GENERAL- The term `qualified leasehold improvement property'
means any improvement to an interior portion of a building which is
nonresidential real property if--
`(i) such improvement is made under or pursuant to a lease (as
defined in subsection (h)(7))--
`(I) by the lessee (or any sublessee) of such portion,
or
`(II) by the lessor of such portion,
`(ii) the original use of such improvement begins with the lessee
and after December 31, 2006,
`(iii) such portion is to be occupied exclusively by the lessee (or
any sublessee) of such portion, and
`(iv) such improvement is placed in service more than 3 years after
the date the building was first placed in service.
`(B) CERTAIN IMPROVEMENTS NOT INCLUDED- Such term shall not include
any improvement for which the expenditure is attributable to--
`(i) the enlargement of the building,
`(ii) any elevator or escalator,
`(iii) any structural component benefiting a common area,
and
`(iv) the internal structural framework of the building.
`(C) DEFINITIONS AND SPECIAL RULES- For purposes of this
paragraph--
`(i) COMMITMENT TO LEASE TREATED AS LEASE- A commitment to enter
into a lease shall be treated as a lease, and the parties to such
commitment shall be treated as lessor and lessee, respectively, if the
lease is in effect at the time the property is placed in
service.
`(ii) RELATED PERSONS- A lease between related persons shall not be
considered a lease. For purposes of the preceding sentence, the term
`related persons' means--
`(I) members of an affiliated group (as defined in section 1504),
and
`(II) persons having a relationship described in subsection (b) of
section 267(b) or 707(b)(1); except that, for purposes of this clause,
the phrase `80 percent or more' shall be substituted for the phrase
`more than 50 percent' each place it appears in such
subsections.'.
(c) REQUIREMENT TO USE STRAIGHT LINE METHOD- Paragraph (3) of section
168(b) is amended by adding at the end the following new subparagraph:
`(G) Qualified leasehold improvement property described in subsection
(e)(6).'.
(d) EFFECTIVE DATE- The amendments made by this section shall apply to
qualified leasehold improvement property placed in service after December 31,
2006.
TITLE IV--TAX RELIEF FOR FARMERS
SEC. 401. FARM, FISHING, AND RANCH RISK MANAGEMENT ACCOUNTS.
(a) IN GENERAL- Subpart C of part II of subchapter E of chapter 1
(relating to taxable year for which deductions taken) is amended by inserting
after section 468B the following new section:
`SEC. 468C. FARM, FISHING, AND RANCH RISK MANAGEMENT ACCOUNTS.
`(a) DEDUCTION ALLOWED- In the case of an individual engaged in an
eligible farming business or commercial fishing, there shall be allowed as a
deduction for any taxable year the amount paid in cash by the taxpayer during
the taxable year to a Farm, Fishing, and Ranch Risk Management Account
(hereinafter referred to as the `FFARRM Account').
`(1) CONTRIBUTIONS- The amount which a taxpayer may pay into the FFARRM
Account for any taxable year shall not exceed 20 percent of so much of the
taxable income of the taxpayer (determined without regard to this section)
which is attributable (determined in the manner applicable under section
1301) to any eligible farming business or commercial fishing.
`(2) DISTRIBUTIONS- Distributions from a FFARRM Account may not be used
to purchase, lease, or finance any new fishing vessel, add capacity to any
fishery, or otherwise contribute to the overcapitalization of any fishery.
The Secretary of Commerce shall implement regulations to enforce this
paragraph.
`(c) ELIGIBLE BUSINESSES- For purposes of this section--
`(1) ELIGIBLE FARMING BUSINESS- The term `eligible farming business'
means any farming business (as defined in section 263A(e)(4)) which is not a
passive activity (within the meaning of section 469(c)) of the
taxpayer.
`(2) COMMERCIAL FISHING- The term `commercial fishing' has the meaning
given such term by section (3) of the Magnuson-Stevens Fishery Conservation
and Management Act (16 U.S.C. 1802) but only if such fishing is not a
passive activity (within the meaning of section 469(c)) of the
taxpayer.
`(d) FFARRM ACCOUNT- For purposes of this section--
`(1) IN GENERAL- The term `FFARRM Account' means a trust created or
organized in the United States for the exclusive benefit of the taxpayer,
but only if the written governing instrument creating the trust meets the
following requirements:
`(A) No contribution will be accepted for any taxable year in excess
of the amount allowed as a deduction under subsection (a) for such
year.
`(B) The trustee is a bank (as defined in section 408(n)) or another
person who demonstrates to the satisfaction of the Secretary that the
manner in which such person will administer the trust will be consistent
with the requirements of this section.
`(C) The assets of the trust consist entirely of cash or of
obligations which have adequate stated interest (as defined in section
1274(c)(2)) and which pay such interest not less often than
annually.
`(D) All income of the trust is distributed currently to the
grantor.
`(E) The assets of the trust will not be commingled with other
property except in a common trust fund or common investment fund.
`(2) ACCOUNT TAXED AS GRANTOR TRUST- The grantor of a FFARRM Account
shall be treated for purposes of this title as the owner of such Account and
shall be subject to tax thereon in accordance with subpart E of part I of
subchapter J of
this chapter (relating to grantors and others treated as substantial owners).
`(e) INCLUSION OF AMOUNTS DISTRIBUTED-
`(1) IN GENERAL- Except as provided in paragraph (2), there shall be
includible in the gross income of the taxpayer for any taxable year--
`(A) any amount distributed from a FFARRM Account of the taxpayer
during such taxable year, and
`(B) any deemed distribution under--
`(i) subsection (f)(1) (relating to deposits not distributed within
5 years),
`(ii) subsection (f)(2) (relating to cessation in eligible farming
business), and
`(iii) subparagraph (B) or (C) of subsection (f)(3) (relating to
prohibited transactions and pledging account as security).
`(2) EXCEPTIONS- Paragraph (1)(A) shall not apply to--
`(A) any distribution to the extent attributable to income of the
Account, and
`(B) the distribution of any contribution paid during a taxable year
to a FFARRM Account to the extent that such contribution exceeds the
limitation applicable under subsection (b) if requirements similar to the
requirements of section 408(d)(4) are met.
For purposes of subparagraph (A), distributions shall be treated as
first attributable to income and then to other amounts.
`(1) TAX ON DEPOSITS IN ACCOUNT WHICH ARE NOT DISTRIBUTED WITHIN 5
YEARS-
`(A) IN GENERAL- If, at the close of any taxable year, there is a
nonqualified balance in any FFARRM Account--
`(i) there shall be deemed distributed from such Account during such
taxable year an amount equal to such balance, and
`(ii) the taxpayer's tax imposed by this chapter for such taxable
year shall be increased by 10 percent of such deemed
distribution.
The preceding sentence shall not apply if an amount equal to such
nonqualified balance is distributed from such Account to the taxpayer
before the due date (including extensions) for filing the return of tax
imposed by this chapter for such year (or, if earlier, the date the
taxpayer files such return for such year).
`(B) NONQUALIFIED BALANCE- For purposes of subparagraph (A), the term
`nonqualified balance' means any balance in the Account on the last day of
the taxable year which is attributable to amounts deposited in such
Account before the 4th preceding taxable year.
`(C) ORDERING RULE- For purposes of this paragraph, distributions from
a FFARRM Account (other than distributions of current income) shall be
treated as made from deposits in the order in which such deposits were
made, beginning with the earliest deposits.
`(2) CESSATION IN ELIGIBLE BUSINESS- At the close of the first
disqualification period after a period for which the taxpayer was engaged in
an eligible farming business or commercial fishing, there shall be deemed
distributed from the FFARRM Account of the taxpayer an amount equal to the
balance in such Account (if any) at the close of such disqualification
period. For purposes of the preceding sentence, the term `disqualification
period' means any period of 2 consecutive taxable years for which the
taxpayer is not engaged in an eligible farming business or commercial
fishing.
`(3) CERTAIN RULES TO APPLY- Rules similar to the following rules shall
apply for purposes of this section:
`(A) Section 220(f)(8) (relating to treatment on death).
`(B) Section 408(e)(2) (relating to loss of exemption of account where
individual engages in prohibited transaction).
`(C) Section 408(e)(4) (relating to effect of pledging account as
security).
`(D) Section 408(g) (relating to community property laws).
`(E) Section 408(h) (relating to custodial accounts).
`(4) TIME WHEN PAYMENTS DEEMED MADE- For purposes of this section, a
taxpayer shall be deemed to have made a payment to a FFARRM Account on the
last day of a taxable year if such payment is made on account of such
taxable year and is made on or before the due date (without regard to
extensions) for filing the return of tax for such taxable year.
`(5) INDIVIDUAL- For purposes of this section, the term `individual'
shall not include an estate or trust.
`(6) DEDUCTION NOT ALLOWED FOR SELF-EMPLOYMENT TAX- The deduction
allowable by reason of subsection (a) shall not be taken into account in
determining an individual's net earnings from self-employment (within the
meaning of section 1402(a)) for purposes of chapter 2.
`(g) REPORTS- The trustee of a FFARRM Account shall make such reports
regarding such Account to the Secretary and to the person for whose benefit
the Account is maintained with respect to contributions, distributions, and
such other matters as the Secretary may require under regulations. The reports
required by this subsection shall be filed at such time and in such manner and
furnished to such persons at such time and in such manner as may be required
by such regulations.'.
(b) TAX ON EXCESS CONTRIBUTIONS-
(1) Subsection (a) of section 4973 (relating to tax on excess
contributions to certain tax-favored accounts and annuities) is amended by
striking `or' at the end of paragraph (3), by redesignating paragraph (4) as
paragraph (5), and by inserting after paragraph (3) the following new
paragraph:
`(4) a FFARRM Account (within the meaning of section 468C(d)),
or'.
(2) Section 4973 is amended by adding at the end the following new
subsection:
`(g) EXCESS CONTRIBUTIONS TO FFARRM ACCOUNTS- For purposes of this
section, in the case of a FFARRM Account (within the meaning of section
468C(d)), the term `excess contributions' means the amount by which the amount
contributed for the taxable year to the Account exceeds the amount which may
be contributed to the Account under section 468C(b) for such taxable year. For
purposes of this subsection, any contribution which is distributed out of the
FFARRM Account in a distribution to which section 468C(e)(2)(B) applies shall
be treated as an amount not contributed.'.
(3) The section heading for section 4973 is amended to read as
follows:
`SEC. 4973. EXCESS CONTRIBUTIONS TO CERTAIN ACCOUNTS, ANNUITIES, ETC.'.
(4) The table of sections for chapter 43 is amended by striking the item
relating to section 4973 and inserting the following new item:
`Sec. 4973. Excess contributions to certain accounts, annuities, etc.'.
(c) TAX ON PROHIBITED TRANSACTIONS-
(1) Subsection (c) of section 4975 (relating to tax on prohibited
transactions) is amended by adding at the end the following new
paragraph:
`(6) SPECIAL RULE FOR FFARRM ACCOUNTS- A person for whose benefit a
FFARRM Account (within the meaning of section 468C(d)) is established shall
be exempt from the tax imposed by this section with respect to any
transaction concerning such account (which would otherwise be taxable under
this section) if, with respect to such transaction, the account ceases to be
a FFARRM Account by reason of the application of section 468C(f)(3)(A) to
such account.'.
(2) Paragraph (1) of section 4975(e) is amended by redesignating
subparagraphs (E) and (F) as subparagraphs (F) and (G), respectively, and by
inserting after subparagraph (D) the following new subparagraph:
`(E) a FFARRM Account described in section 468C(d),'.
(d) FAILURE TO PROVIDE REPORTS ON FFARRM ACCOUNTS- Paragraph (2) of
section 6693(a) (relating to failure to provide reports on certain tax-favored
accounts or annuities) is amended by redesignating subparagraphs (C) and (D)
as subparagraphs (D) and (E), respectively, and by inserting after
subparagraph (B) the following new subparagraph:
`(C) section 468C(g) (relating to FFARRM Accounts),'.
(e) CLERICAL AMENDMENT- The table of sections for subpart C of part II of
subchapter E of chapter 1 is amended by inserting after the item relating to
section 468B the following new item:
`Sec. 468C. Farm, Fishing and Ranch Risk Management Accounts.'.
(f) EFFECTIVE DATE- The amendments made by this section shall apply to
taxable years beginning after December 31, 2000.
SEC. 402. WRITTEN AGREEMENT RELATING TO EXCLUSION OF CERTAIN FARM RENTAL
INCOME FROM NET EARNINGS FROM SELF-EMPLOYMENT.
(a) INTERNAL REVENUE CODE- Section 1402(a)(1)(A) (relating to net earnings
from self-employment) is amended by striking `an arrangement' and inserting `a
lease agreement'.
(b) SOCIAL SECURITY ACT- Section 211(a)(1)(A) of the Social Security Act
is amended by striking `an arrangement' and inserting `a lease agreement'.
(c) EFFECTIVE DATE- The amendments made by this section shall apply to
taxable years beginning after December 31, 2000.
SEC. 403. TREATMENT OF CONSERVATION RESERVE PROGRAM PAYMENTS AS RENTALS FROM
REAL ESTATE.
(a) IN GENERAL- Section 1402(a)(1) (defining net earnings from
self-employment) is amended by inserting `and including payments under section
1233(2) of the Food Security Act of 1985 (16 U.S.C. 3833(2))' after `crop
shares'.
(b) EFFECTIVE DATE- The amendment made by this section shall apply to
payments made after December 31, 2000.
SEC. 404. EXEMPTION OF AGRICULTURAL BONDS FROM STATE VOLUME CAP.
(a) IN GENERAL- Section 146(g) (relating to exception for certain bonds)
is amended by striking `and' at the end of paragraph (3), by striking the
period at the end of paragraph (4) and inserting `, and', and by inserting
after paragraph (4) the following new paragraph:
`(5) any qualified small issue bond described in section
144(a)(12)(B)(ii).'.
(b) EFFECTIVE DATE- The amendments made by this section shall apply to
bonds issued after December 31, 2000.
SEC. 405. MODIFICATIONS TO SECTION 512(b)(13).
(a) IN GENERAL- Paragraph (13) of section 512(b) is amended by
redesignating subparagraph (E) as subparagraph (F) and by inserting after
subparagraph (D) the following new paragraph:
`(E) PARAGRAPH TO APPLY ONLY TO EXCESS PAYMENTS-
`(i) IN GENERAL- Subparagraph (A) shall apply only to the portion of
a specified payment received by the controlling organization that
exceeds the amount which would have been paid if such payment met the
requirements prescribed under section 482.
`(ii) ADDITION TO TAX FOR VALUATION MISSTATEMENTS- The tax imposed
by this chapter on the controlling organization shall be increased by an
amount equal to 20 percent of such excess.'.
(1) IN GENERAL- The amendment made by this section shall apply to
payments received or accrued after December 31, 2000.
(2) PAYMENTS SUBJECT TO BINDING CONTRACT TRANSITION RULE- If the
amendments made by section 1041 of the Taxpayer Relief Act of 1997 did not
apply to any amount received or accrued in the first 2 taxable years
beginning on or after the date of the enactment of this Act under any
contract described in subsection (b)(2) of such section, such amendments
also shall not apply to amounts received or accrued under such contract
before January 1, 2001.
SEC. 406. CHARITABLE DEDUCTION FOR CONTRIBUTIONS OF FOOD INVENTORY.
(a) IN GENERAL- Subsection (e) of section 170 (relating to certain
contributions of ordinary income and capital gain property) is amended by
adding at the end the following new paragraph:
`(7) SPECIAL RULE FOR CONTRIBUTIONS OF FOOD INVENTORY- For purposes of
this section--
`(A) CONTRIBUTIONS BY NON-CORPORATE TAXPAYERS- In the case of a
charitable contribution of food by a taxpayer in a farming business (as
defined in section 263A(e)(4)), paragraph (3)(A) shall be applied without
regard to whether or not the contribution is made by a
corporation.
`(B) LIMIT ON REDUCTION- In the case of a charitable contribution of
food which is a qualified contribution (within the meaning of paragraph
(3)(A), as modified by subparagraph (A) of this paragraph)--
`(i) paragraph (3)(B) shall not apply, and
`(ii) the reduction under paragraph (1)(A) for such contribution
shall be no greater than the amount (if any) by which the amount of such
contribution exceeds twice the basis of such food.
`(C) DETERMINATION OF BASIS- For purposes of this paragraph, if a
taxpayer uses the cash method of accounting, the basis of any qualified
contribution of such taxpayer shall be deemed to be 50 percent of the fair
market value of such contribution.
`(D) DETERMINATION OF FAIR MARKET VALUE- In the case of a charitable
contribution of food which is a qualified contribution (within the meaning
of paragraph (3), as modified by subparagraphs (A) and (B) of this
paragraph) and which, solely by reason of internal standards of the
taxpayer, lack of market, or similar circumstances, or which is produced
by the taxpayer exclusively for the purposes of transferring the food to
an organization described in paragraph (3)(A), cannot or will not be sold,
the fair market value of such contribution shall be determined--
`(i) without regard to such internal standards, such lack of market,
such circumstances, or such exclusive purpose, and
`(ii) if applicable, by taking into account the price at which the
same or similar food items are sold by the taxpayer at the time of the
contribution (or, if not so sold at such time, in the recent
past).
`(E) TERMINATION- This paragraph shall not apply to any contribution
made during any taxable year beginning after December 31, 2003.'.
(b) EFFECTIVE DATE- The amendment made by subsection (a) shall apply to
taxable years beginning after December 31, 2000.
SEC. 407. INCOME AVERAGING FOR FARMERS AND FISHERMEN NOT TO INCREASE
ALTERNATIVE MINIMUM TAX LIABILITY.
(a) IN GENERAL- Section 55(c) (defining regular tax) is amended by
redesignating paragraph (2) as paragraph (3) and by inserting after paragraph
(1) the following new paragraph:
`(2) COORDINATION WITH INCOME AVERAGING FOR FARMERS AND FISHERMEN-
Solely for purposes of this section, section 1301 (relating to averaging of
farm and fishing income) shall not apply in computing the regular
tax.'.
(b) ALLOWING INCOME AVERAGING FOR FISHERMEN-
(1) IN GENERAL- Section 1301(a) is amended by striking `farming
business' and inserting `farming business or fishing business'.
(2) DEFINITION OF ELECTED FARM INCOME-
(A) IN GENERAL- Clause (i) of section 1301(b)(1)(A) is amended by
inserting `or fishing business' before the semicolon.
(B) CONFORMING AMENDMENT- Subparagraph (B) of section 1301(b)(1) is
amended by inserting `or fishing business' after `farming business' both
places it occurs.
(3) DEFINITION OF FISHING BUSINESS- Section 1301(b) is amended by adding
at the end the following new paragraph:
`(4) FISHING BUSINESS- The term `fishing business' means the conduct of
commercial fishing as defined in section 3 of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1802).'.
(c) EFFECTIVE DATE- The amendments made by this section shall apply to
taxable years beginning after December 31, 2000.
SEC. 408. COOPERATIVE MARKETING INCLUDES VALUE-ADDED PROCESSING THROUGH
ANIMALS.
(a) IN GENERAL- Section 1388 (relating to definitions and special rules)
is amended by adding at the end the following new subsection:
`(k) COOPERATIVE MARKETING INCLUDES VALUE-ADDED PROCESSING THROUGH
ANIMALS- For purposes of section 521 and this subchapter, the term `marketing
the products of members or other producers' includes feeding the products of
members or other producers to cattle, hogs, fish, chickens, or other animals
and selling the resulting animals or animal products.'.
(b) EFFECTIVE DATE- The amendment made by this section shall apply to
taxable years beginning after the date of the enactment of this Act.
SEC. 409. DECLARATORY JUDGMENT RELIEF FOR SECTION 521 COOPERATIVES.
(a) IN GENERAL- Section 7428(a)(1) (relating to declaratory judgments of
tax exempt organizations) is amended by striking `or' at the end of
subparagraph (B) and by adding at the end the following new subparagraph:
`(D) with respect to the initial qualification or continuing
qualification of a cooperative as described in section 521(b) which is
exempt from tax under section 521(a), or'.
(b) EFFECTIVE DATE- The amendments made by this section shall apply with
respect to pleadings filed after the date of the enactment of this Act but
only with respect to determinations (or requests for determinations) made
after January 1, 2000.
SEC. 410. SMALL ETHANOL PRODUCER CREDIT.
(a) ALLOCATION OF ALCOHOL FUELS CREDIT TO PATRONS OF A COOPERATIVE-
Section 40(g) (relating to alcohol used as fuel) is amended by adding at the
end the following new paragraph:
`(6) ALLOCATION OF SMALL ETHANOL PRODUCER CREDIT TO PATRONS OF
COOPERATIVE-
`(A) ELECTION TO ALLOCATE-
`(i) IN GENERAL- In the case of a cooperative organization described
in section 1381(a), any portion of the credit determined under
subsection (a)(3) for the taxable year may, at the election of the
organization, be apportioned pro rata among
patrons of the organization on the basis of the quantity or value of business
done with or for such patrons for the taxable year.
`(ii) FORM AND EFFECT OF ELECTION- An election under clause (i) for
any taxable year shall be made on a timely filed return for such year.
Such election, once made, shall be irrevocable for such taxable
year.
`(B) TREATMENT OF ORGANIZATIONS AND PATRONS- The amount of the credit
apportioned to patrons under subparagraph (A)--
`(i) shall not be included in the amount determined under subsection
(a) with respect to the organization for the taxable year,
`(ii) shall be included in the amount determined under subsection
(a) for the taxable year of each patron for which the patronage
dividends for the taxable year described in subparagraph (A) are
included in gross income, and
`(iii) shall be included in gross income of such patrons for the
taxable year in the manner and to the extent provided in section
87.
`(C) SPECIAL RULES FOR DECREASE IN CREDITS FOR TAXABLE YEAR- If the
amount of the credit of a cooperative organization determined under
subsection (a)(3) for a taxable year is less than the amount of such
credit shown on the return of the cooperative organization for such year,
an amount equal to the excess of--
`(i) such reduction, over
`(ii) the amount not apportioned to such patrons under subparagraph
(A) for the taxable year,
shall be treated as an increase in tax imposed by this chapter on the
organization. Such increase shall not be treated as tax imposed by this
chapter for purposes of determining the amount of any credit under this
subpart or subpart A, B, E, or G.'.
(b) IMPROVEMENTS TO SMALL ETHANOL PRODUCER CREDIT-
(1) SMALL ETHANOL PRODUCER CREDIT NOT A PASSIVE ACTIVITY CREDIT- Clause
(i) of section 469(d)(2)(A) is amended by striking `subpart D' and inserting
`subpart D, other than section 40(a)(3),'.
(2) ALLOWING CREDIT AGAINST MINIMUM TAX-
(A) IN GENERAL- Subsection (c) of section 38 (relating to limitation
based on amount of tax) is amended by redesignating paragraph (3) as
paragraph (4) and by inserting after paragraph (2) the following new
paragraph:
`(3) SPECIAL RULES FOR SMALL ETHANOL PRODUCER CREDIT-
`(A) IN GENERAL- In the case of the small ethanol producer
credit--
`(i) this section and section 39 shall be applied separately with
respect to the credit, and
`(ii) in applying paragraph (1) to the credit--
`(I) subparagraphs (A) and (B) thereof shall not apply,
and
`(II) the limitation under paragraph (1) (as modified by subclause
(I)) shall be reduced by the credit allowed under subsection (a) for
the taxable year (other than the small ethanol producer
credit).
`(B) SMALL ETHANOL PRODUCER CREDIT- For purposes of this subsection,
the term `small ethanol producer credit' means the credit allowable under
subsection (a) by reason of section 40(a)(3).'.
(B) CONFORMING AMENDMENT- Subclause (II) of section 38(c)(2)(A)(ii) is
amended by striking `(other' and all that follows through `credit)' and
inserting `(other than the empowerment zone employment credit or the small
ethanol producer credit)'.
(3) SMALL ETHANOL PRODUCER CREDIT NOT ADDED BACK TO INCOME UNDER SECTION
87- Section 87 (relating to income inclusion of alcohol fuel credit) is
amended to read as follows:
`SEC. 87. ALCOHOL FUEL CREDIT.
`Gross income includes an amount equal to the sum of--
`(1) the amount of the alcohol mixture credit determined with respect to
the taxpayer for the taxable year under section 40(a)(1), and
`(2) the alcohol credit determined with respect to the taxpayer for the
taxable year under section 40(a)(2).'.
(c) CONFORMING AMENDMENT- Section 1388 (relating to definitions and
special rules for cooperative organizations), as amended by section 408, is
amended by adding at the end the following new subsection:
`(l) CROSS REFERENCE- For provisions relating to the apportionment of the
alcohol fuels credit between cooperative organizations and their patrons, see
section 40(g)(6).'.
(d) EFFECTIVE DATE- The amendments made by this section shall apply to
taxable years beginning after the date of the enactment of this Act.
SEC. 411. PAYMENT OF DIVIDENDS ON STOCK OF COOPERATIVES WITHOUT REDUCING
PATRONAGE DIVIDENDS.
(a) IN GENERAL- Subsection (a) of section 1388 (relating to patronage
dividend defined) is amended by adding at the end the following new sentence:
`For purposes of paragraph (3), net earnings shall not be reduced by amounts
paid during the year as dividends on capital stock or other proprietary
capital interests of the organization to the extent that the articles of
incorporation or bylaws of such organization or other contract with patrons
provide that such dividends are in addition to amounts otherwise payable to
patrons which are derived from business done with or for patrons during the
taxable year.'.
(b) EFFECTIVE DATE- The amendment made by this section shall apply to
distributions in taxable years beginning after the date of the enactment of
this Act.
TITLE V--ENERGY PROVISIONS
SEC. 501. ELECTION TO EXPENSE GEOLOGICAL AND GEOPHYSICAL EXPENDITURES.
(a) IN GENERAL- Section 263 (relating to capital expenditures) is amended
by adding at the end the following new subsection:
`(j) GEOLOGICAL AND GEOPHYSICAL EXPENDITURES FOR DOMESTIC OIL AND GAS
WELLS- Notwithstanding subsection (a), a taxpayer may elect to treat
geological and geophysical expenses incurred in connection with the
exploration for, or development of, oil or gas within the United States (as
defined in section 638) as expenses which are not chargeable to capital
account. Any expenses so treated shall be allowed as a deduction in the
taxable year in which paid or incurred.'.
(b) CONFORMING AMENDMENT- Section 263A(c)(3) is amended by inserting
`263(j),' after `263(i),'.
(c) EFFECTIVE DATE- The amendments made by this section shall apply to
expenses paid or incurred in taxable years beginning after December 31,
2001.
SEC. 502. ELECTION TO EXPENSE DELAY RENTAL PAYMENTS
(a) IN GENERAL- Section 263 (relating to capital expenditures), as amended
by section 501(a), is amended by adding at the end the following new
subsection:
`(k) DELAY RENTAL PAYMENTS FOR DOMESTIC OIL AND GAS WELLS-
`(1) IN GENERAL- Notwithstanding subsection (a), a taxpayer may elect to
treat delay rental payments incurred in connection with the development of
oil or gas within the United States (as defined in section 638) as payments
which are not chargeable to capital account. Any payments so treated shall
be allowed as a deduction in the taxable year in which paid or
incurred.
`(2) DELAY RENTAL PAYMENTS- For purposes of paragraph (1), the term
`delay rental payment' means an amount paid for the privilege of deferring
development of an oil or gas well.'.
(b) CONFORMING AMENDMENT- Section 263A(c)(3), as amended by section
501(b), is amended by inserting `263(k),' after `263(j),'.
(c) EFFECTIVE DATE- The amendments made by this section shall apply to
payments made or incurred in taxable years beginning after December 31,
2001.
SEC. 503. 5-YEAR NET OPERATING LOSS CARRYBACK FOR LOSSES ATTRIBUTABLE TO
OPERATING MINERAL INTERESTS OF INDEPENDENT OIL AND GAS PRODUCERS.
(a) IN GENERAL- Paragraph (1) of section 172(b) (relating to years to
which loss may be carried) is amended by adding at the end the following new
subparagraph:
`(H) LOSSES ON OPERATING MINERAL INTERESTS OF INDEPENDENT OIL AND GAS
PRODUCERS- In the case of a taxpayer--
`(i) which has an eligible oil and gas loss (as defined in
subsection (j)) for a taxable year, and
`(ii) which is not an integrated oil company (as defined in section
291(b)(4)),
such eligible oil and gas loss shall be a net operating loss carryback
to each of the 5 taxable years preceding the taxable year of such
loss.'.
(b) ELIGIBLE OIL AND GAS LOSS- Section 172 is amended by redesignating
subsection (j) as subsection (k) and by inserting after subsection (i) the
following new subsection:
`(j) ELIGIBLE OIL AND GAS LOSS- For purposes of this section--
`(1) IN GENERAL- The term `eligible oil and gas loss' means the lesser
of--
`(A) the amount which would be the net operating loss for the taxable
year if only income and deductions attributable to operating mineral
interests (as defined in section 614(d)) in oil and gas wells are taken
into account, or
`(B) the amount of the net operating loss for such taxable
year.
`(2) COORDINATION WITH SUBSECTION (b)(2)- For purposes of applying
subsection (b)(2), an eligible oil and gas loss for any taxable year shall
be treated in a manner similar to the manner in which a specified liability
loss is treated.
`(3) ELECTION- Any taxpayer entitled to a 5-year carryback under
subsection (b)(1)(H) from any loss year may elect to have the carryback
period with respect to such loss year determined without regard to
subsection (b)(1)(H).'.
(c) EFFECTIVE DATE- The amendments made by this section shall apply to net
operating losses for taxable years beginning after December 31, 2001.
SEC. 504. TEMPORARY SUSPENSION OF PERCENTAGE OF DEPLETION DEDUCTION
LIMITATION BASED ON 65 PERCENT OF TAXABLE INCOME.
(a) IN GENERAL- Section 613A(d)(1) (relating to limitation based on
taxable income) is amended by adding at the end the following new sentence:
`This paragraph shall not apply for taxable years beginning after December 31,
2000, and before January 1, 2004.'.
(b) EFFECTIVE DATE- The amendment made by this section shall apply to
taxable years beginning after December 31, 2000.
SEC. 505. TAX CREDIT FOR MARGINAL DOMESTIC OIL AND NATURAL GAS WELL
PRODUCTION.
(a) IN GENERAL- Subpart D of part IV of subchapter A of chapter 1
(relating to business credits), as amended by section 131(a), is amended by
adding at the end the following new section:
`SEC. 45E. CREDIT FOR PRODUCING OIL AND GAS FROM MARGINAL WELLS.
`(a) GENERAL RULE- For purposes of section 38, the marginal well
production credit for any taxable year is an amount equal to the product
of--
`(1) the credit amount, and
`(2) the qualified crude oil production and the qualified natural gas
production which is attributable to the taxpayer.
`(b) CREDIT AMOUNT- For purposes of this section--
`(1) IN GENERAL- The credit amount is--
`(A) $3 per barrel of qualified crude oil production, and
`(B) 50 cents per 1,000 cubic feet of qualified natural gas
production.
`(2) REDUCTION AS OIL AND GAS PRICES INCREASE-
`(A) IN GENERAL- The $3 and 50 cents amounts under paragraph (1) shall
each be reduced (but not below zero) by an amount which bears the same
ratio to such amount (determined without regard to this paragraph)
as--
`(i) the excess (if any) of the applicable reference price over $14
($1.56 for qualified natural gas production), bears to
`(ii) $3 ($0.33 for qualified natural gas production).
The applicable reference price for a taxable year is the reference
price for the calendar year preceding the calendar year in which the
taxable year begins.
`(B) INFLATION ADJUSTMENT- In the case of any taxable year beginning
in a calendar year after 2001, each of the dollar amounts contained in
subparagraph (A) shall be increased to an amount equal to such dollar
amount multiplied by the inflation adjustment factor for such calendar
year (determined under section 43(b)(3)(B) by substituting `2000' for
`1990').
`(C) REFERENCE PRICE- For purposes of this paragraph, the term
`reference price' means, with respect to any calendar year--
`(i) in the case of qualified crude oil production, the reference
price determined under section 29(d)(2)(C), and
`(ii) in the case of qualified natural gas production, the
Secretary's estimate of the annual average wellhead price per 1,000
cubic feet for all domestic natural gas.
`(c) QUALIFIED CRUDE OIL AND NATURAL GAS PRODUCTION- For purposes of this
section--
`(1) IN GENERAL- The terms `qualified crude oil production' and
`qualified natural gas production' mean domestic crude oil or natural gas
which is produced from a marginal well.
`(2) LIMITATION ON AMOUNT OF PRODUCTION WHICH MAY QUALIFY-
`(A) IN GENERAL- Crude oil or natural gas produced during any taxable
year from any well shall not be treated as qualified crude oil production
or qualified natural gas production to the extent production from the well
during the taxable year exceeds 1,095 barrels or barrel
equivalents.
`(B) PROPORTIONATE REDUCTIONS-
`(i) SHORT TAXABLE YEARS- In the case of a short taxable year, the
limitations under this paragraph shall be proportionately reduced to
reflect the ratio which the number of days in such taxable year bears to
365.
`(ii) WELLS NOT IN PRODUCTION ENTIRE YEAR- In the case of a well
which is not capable of production during each day of a taxable year,
the limitations under this paragraph applicable to the well shall be
proportionately reduced to reflect the ratio which the number of days of
production bears to the total number of days in the taxable
year.
`(A) MARGINAL WELL- The term `marginal well' means a domestic
well--
`(i) the production from which during the taxable year is treated as
marginal production under section 613A(c)(6), or
`(ii) which, during the taxable year--
`(I) has average daily production of not more than 25 barrel
equivalents, and
`(II) produces water at a rate not less than 95 percent of total
well effluent.
`(B) CRUDE OIL, ETC- The terms `crude oil', `natural gas', `domestic',
and `barrel' have the meanings given such terms by section
613A(e).
`(C) BARREL EQUIVALENT- The term `barrel equivalent' means, with
respect to natural gas, a conversion ratio of 6,000 cubic feet of natural
gas to 1 barrel of crude oil.
`(1) PRODUCTION ATTRIBUTABLE TO THE TAXPAYER- In the case of a marginal
well in which there is more than one owner of operating interests in the
well and the crude oil or natural gas production exceeds the limitation
under subsection (c)(2), qualifying crude oil production or qualifying
natural gas production attributable to the taxpayer shall be determined on
the basis of the ratio which taxpayer's revenue interest in the production
bears to the aggregate of the revenue interests of all operating interest
owners in the production.
`(2) OPERATING INTEREST REQUIRED- Any credit under this section may be
claimed only on production which is attributable to the holder of an
operating interest.
`(3) PRODUCTION FROM NONCONVENTIONAL SOURCES EXCLUDED- In the case of
production from a marginal well which is eligible for the credit allowed
under section 29 for the taxable year, no credit shall be allowable under
this section unless the taxpayer elects not to claim credit under section 29
with respect to the well.'.
(b) CREDIT TREATED AS BUSINESS CREDIT- Section 38(b), as amended by
section 131(b)(1), is amended by striking `plus' at the end of paragraph (12),
by striking the period at the end of paragraph (13) and inserting `, plus',
and by adding at the end of the following new paragraph:
`(14) the marginal oil and gas well production credit determined under
section 45E(a).'.
(c) Credit Allowed Against Regular and Minimum Tax-
(1) IN GENERAL- Subsection (c) of section 38 (relating to limitation
based on amount of tax), as amended by section 410(b)(2)(A), is amended by
redesignating paragraph (4) as paragraph (5) and by inserting after
paragraph (3) the following new paragraph:
`(4) SPECIAL RULES FOR MARGINAL OIL AND GAS WELL PRODUCTION
CREDIT-
`(A) IN GENERAL- In the case of the marginal oil and gas well
production credit--
`(i) this section and section 39 shall be applied separately with
respect to the credit, and
`(ii) in applying paragraph (1) to the credit--
`(I) subparagraphs (A) and (B) thereof shall not apply,
and
`(II) the limitation under paragraph (1) (as modified by subclause
(I)) shall be reduced by the credit allowed under subsection (a) for
the taxable year (other than the marginal oil and gas well production
credit).
`(B) MARGINAL OIL AND GAS WELL PRODUCTION CREDIT- For purposes of this
subsection, the term `marginal oil and gas well production credit' means
the credit allowable under subsection (a) by reason of section
45E(a).'.
(2) CONFORMING AMENDMENTS-
(A) Subclause (II) of section 38(c)(2)(A)(ii), as amended by section
410(b)(2)(B), is amended by striking `or the small ethanol producer
credit' and inserting `, the small ethanol producer credit, or the
marginal oil and gas well production credit'.
(B) Subclause (II) of section 38(c)(3)(A)(ii), as added by section
410(b)(2)(A), is amended by inserting `or the marginal oil and gas well
production credit' after `the small ethanol producer credit'.
(d) CARRYBACK- Subsection (a) of section 39 (relating to carryback and
carryforward of unused credits generally) is amended by adding at the end the
following new paragraph--
`(3) 10-YEAR CARRYBACK FOR MARGINAL OIL AND GAS WELL PRODUCTION CREDIT-
In the case of the marginal oil and gas well production credit--
`(A) this section shall be applied separately from the business credit
(other than the marginal oil and gas well production credit),
`(B) paragraph (1) shall be applied by substituting `10 taxable year'
for `1 taxable year' in subparagraph (A) thereof, and
`(C) paragraph (2) shall be applied--
`(i) by substituting `31 taxable years' for `21 taxable years' in
subparagraph (A) thereof, and
`(ii) by substituting `30 taxable years' for `20 taxable years' in
subparagraph (B) thereof.'.
(e) COORDINATION WITH SECTION 29- Section 29(a) is amended by striking
`There' and inserting `At the election of the taxpayer, there'.
(f) CLERICAL AMENDMENT--The table of sections for subpart D of part IV of
subchapter A of chapter 1, as amended by section 131(d), is amended by adding
at the end the following item:
`Sec. 45E. Credit for producing oil and gas from marginal wells.'.
(g) EFFECTIVE DATE- The amendments made by this section shall apply to
production in taxable years beginning after December 31, 2000.
SEC. 506. NATURAL GAS GATHERING LINES TREATED AS 7-YEAR PROPERTY.
(a) IN GENERAL- Subparagraph (C) of section 168(e)(3) (relating to
classification of certain property) is amended by redesignating clause (ii) as
clause (iii) and by inserting after clause (i) the following new clause:
`(ii) any natural gas gathering line, and'.
(b) NATURAL GAS GATHERING LINE- Subsection (i) of section 168 is amended
by adding at the end the following new paragraph:
`(15) NATURAL GAS GATHERING LINE- The term `natural gas gathering line'
means--
`(A) the pipe, equipment, and appurtenances determined to be a
gathering line by the Federal Energy Regulatory Commission, or
`(B) the pipe, equipment, and appurtenances used to deliver natural
gas from the wellhead or a common point to the point at which such gas
first reaches--
`(i) a gas processing plant,
`(ii) an interconnection with a transmission pipeline certificated
by the Federal Energy Regulatory Commission as an interstate
transmission pipeline,
`(iii) an interconnection with an intrastate transmission pipeline,
or
`(iv) a direct interconnection with a local distribution company, a
gas storage facility, or an industrial consumer.'.
(c) 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.
SEC. 507. CLARIFICATION OF TREATMENT OF PIPELINE TRANSPORTATION INCOME.
(a) IN GENERAL- Section 954(g)(1) (defining foreign base company oil
related income) is amended by striking `or' at the end of subparagraph (A), by
striking the period at the end of subparagraph (B) and inserting `, or', and
by inserting after subparagraph (B) the following new subparagraph:
`(C) the pipeline transportation of oil or gas within such foreign
country.'.
(b) EFFECTIVE DATE- The amendment made by this section shall apply to
taxable years of controlled foreign corporations beginning after December 31,
2001, and taxable years of United States shareholders with or within which such
taxable years of controlled foreign corporations end.
TITLE VI--CONSERVATION PROVISIONS
SEC. 601. EXCLUSION OF 50 PERCENT OF GAIN ON SALES OF LAND OR INTERESTS IN
LAND OR WATER TO ELIGIBLE ENTITIES FOR CONSERVATION PURPOSES.
(a) IN GENERAL- Part III of subchapter B of chapter 1 (relating to items
specifically excluded from gross income) is amended by inserting after section
121 the following new section:
`SEC. 121A. 50-PERCENT EXCLUSION OF GAIN ON SALES OF LAND OR INTERESTS IN
LAND OR WATER TO ELIGIBLE ENTITIES FOR CONSERVATION PURPOSES.
`(a) EXCLUSION- Gross income shall not include 50 percent of any gain from
the sale of land or an interest in land or water (determined without regard to
any improvements) to an eligible entity if--
`(1) such land or interest in land or water was owned by the taxpayer or
a member of the taxpayer's family (as defined in section 2032A(e)(2)) at all
times during the 3-year period ending on the date of the sale, and
`(2) such land or interest in land or water is being acquired by an
eligible entity which provides the taxpayer, at the time of acquisition, a
written letter of intent which shall include the following statement: `The
purchaser's intent is that this acquisition will serve 1 or more of the
conservation purposes specified in clause (i), (ii), or (iii) of section
170(h)(4)(A).'
`(b) ELIGIBLE ENTITY- For purposes of this section, the term `eligible
entity' means--
`(1) any agency of the United States or of any State or local
government, or
`(2) any other organization that--
`(A) is organized and at all times operated principally for 1 or more
of the conservation purposes specified in clause (i), (ii), or (iii) of
section 170(h)(4)(A), and
`(B) is described in section 170(h)(3).
`(c) STOCK IN HOLDING CORPORATIONS- For purposes of this section, the term
`land or an interest in land or water' shall include stock in any corporation,
if the fair market value of the corporation's land or interests in land or
water equals or exceeds 90 percent of the fair market value of all of such
corporation's assets at all times during the 3-year period ending on the date
of the sale.'.
(b) CLERICAL AMENDMENT- The table of sections for part III of subchapter B
of chapter 1 is amended by inserting after the item relating to section 121
the following new item:
`Sec. 121A. 50-percent exclusion of gain on sales of land or interests
in land or water to eligible entities for conservation purposes.'.
(c) EFFECTIVE DATE- The amendments made by this section shall apply to
sales occurring on or after December 31, 2003.
SEC. 602. EXPANSION OF ESTATE TAX EXCLUSION FOR REAL PROPERTY SUBJECT TO
QUALIFIED CONSERVATION EASEMENT.
(a) REPEAL OF CERTAIN RESTRICTIONS ON WHERE LAND IS LOCATED- Clause (i) of
section 2031(c)(8)(A) (defining land subject to a qualified conservation
easement) is amended to read as follows:
`(i) which is located in the United States or any possession of the
United States,'.
(b) EFFECTIVE DATE- The amendments made by this section shall apply to
estates of decedents dying after December 31, 2001.
SEC. 603. TAX EXCLUSION FOR COST-SHARING PAYMENTS UNDER PARTNERS FOR
WILDLIFE PROGRAM.
(a) IN GENERAL- Section 126(a) (relating to certain cost-sharing payments)
is amended by redesignating paragraph (10) as paragraph (11) and by inserting
after paragraph (9) the following new paragraph:
`(10) The Partners for Fish and Wildlife Program authorized by the Fish
and Wildlife Act of 1956 (16 U.S.C. 742a et seq.).'.
(b) EFFECTIVE DATE- The amendments made by this section shall apply to
payments received after the date of the enactment of this Act.
SEC. 604. INCENTIVE FOR CERTAIN ENERGY EFFICIENT PROPERTY USED IN
BUSINESS.
(a) IN GENERAL- Part VI of subchapter B of chapter 1 is amended by adding
at the end the following new section:
`SEC. 199. ENERGY PROPERTY DEDUCTION.
`(1) IN GENERAL- There shall be allowed as a deduction for the taxable
year an amount equal to the amount of energy efficient commercial building
expenditures made by the taxpayer for the taxable year.
`(2) MAXIMUM AMOUNT OF DEDUCTION- The amount of energy efficient
commercial building property expenditures taken into account under paragraph
(1) shall not exceed an amount equal to the product of--
`(B) the square footage of the building with respect to which the
expenditures are made.
`(3) YEAR DEDUCTION ALLOWED- The deduction under paragraph (1) shall be
allowed in the taxable year in which the construction of the building is
completed.
`(b) ENERGY EFFICIENT COMMERCIAL BUILDING PROPERTY EXPENDITURES- For
purposes of this section, the term `energy efficient commercial building
property expenditures' means an amount paid or incurred for energy efficient
commercial building property installed on or in connection with new
construction or reconstruction of property--
`(1) for which depreciation is allowable under section 167,
`(2) which is located in the United States, and
`(3) the construction or erection of which is completed by the
taxpayer.
Such property includes all residential rental property, including low-rise
multifamily structures and single family
housing property which is not within the scope of Standard 90.1-1999 (as
described in subsection (c)(1)). Such term includes expenditures for labor costs
properly allocable to the onsite preparation, assembly, or original installation
of the property.
`(c) ENERGY EFFICIENT COMMERCIAL BUILDING PROPERTY- For purposes of
subsection (b)--
`(1) IN GENERAL- The term `energy efficient commercial building
property' means any property which reduces total annual energy and power
costs with respect to the lighting, heating, cooling, ventilation, and hot
water supply systems of the building by 50 percent or more in comparison to
a reference building which meets the requirements of Standard 90.1-1999 of
the American Society of Heating, Refrigerating, and Air Conditioning
Engineers and the Illuminating Engineering Society of North America using
methods of calculation under paragraph (2) and certified by qualified
professionals as provided under subsection (f).
`(2) METHODS OF CALCULATION- The Secretary, in consultation with the
Secretary of Energy, shall promulgate regulations which describe in detail
methods for calculating and verifying energy and power consumption and cost,
taking into consideration the provisions of the 1998 California
Nonresidential ACM Manual. These procedures shall meet the following
requirements:
`(A) In calculating tradeoffs and energy performance, the regulations
shall prescribe the costs per unit of energy and power, such as kilowatt
hour, kilowatt, gallon of fuel oil, and cubic foot or Btu of natural gas,
which may be dependent on time of usage.
`(B) The calculational methodology shall require that compliance be
demonstrated for a whole building. If some systems of the building, such
as lighting, are designed later than other systems of the building, the
method shall provide that either--
`(i) the expenses taken into account under subsection (a) shall not
occur until the date designs for all energy-using systems of the
building are completed,
`(ii) the energy performance of all systems and components not yet
designed shall be assumed to comply minimally with the requirements of
such Standard 90.1-1999, or
`(iii) the expenses taken into account under subsection (a) shall be
a fraction of such expenses based on the performance of less than all
energy-using systems in accordance with subparagraph (C).
`(C) The expenditures in connection with the design of subsystems in
the building, such as the envelope, the heating, ventilation, air
conditioning and water heating system, and the lighting system shall be
allocated to the appropriate building subsystem based on system-specific
energy cost savings targets in regulations promulgated by the Secretary of
Energy which are equivalent, using the calculation methodology, to the
whole building requirement of 50 percent savings.
`(D) The calculational methods under this paragraph need not comply
fully with section 11 of such Standard 90.1-1999.
`(E) The calculational methods shall be fuel neutral, such that the
same energy efficiency features shall qualify a building for the deduction
under this subsection regardless of whether the heating source is a gas or
oil furnace or an electric heat pump.
`(F) The calculational methods shall provide appropriate calculated
energy savings for design methods and technologies not otherwise credited
in either such Standard 90.1-1999 or in the 1998 California Nonresidential
ACM Manual, including the following:
`(i) Natural ventilation.
`(ii) Evaporative cooling.
`(iii) Automatic lighting controls such as occupancy sensors,
photocells, and timeclocks.
`(v) Designs utilizing semi-conditioned spaces that maintain
adequate comfort conditions without air conditioning or without
heating.
`(vi) Improved fan system efficiency, including reductions in static
pressure.
`(vii) Advanced unloading mechanisms for mechanical cooling, such as
multiple or variable speed compressors.
`(viii) The calculational methods may take into account the extent
of commissioning in the building, and allow the taxpayer to take into
account measured performance that exceeds typical
performance.
`(A) IN GENERAL- Any calculation under this subsection shall be
prepared by qualified computer software.
`(B) QUALIFIED COMPUTER SOFTWARE- For purposes of this paragraph, the
term `qualified computer software' means software--
`(i) for which the software designer has certified that the software
meets all procedures and detailed methods for calculating energy and
power consumption and costs as required by the Secretary,
`(ii) which provides such forms as required to be filed by the
Secretary in connection with energy efficiency of property and the
deduction allowed under this section, and
`(iii) which provides a notice form which summarizes the energy
efficiency features of the building and its projected annual energy
costs.
`(d) ALLOCATION OF DEDUCTION FOR PUBLIC PROPERTY- In the case of energy
efficient commercial building property installed on or in public property, the
Secretary shall promulgate regulations to allow the allocation of the
deduction to the person primarily responsible for designing the property in
lieu of the public entity which is the owner of such property. Such person
shall be treated as the taxpayer for purposes of this section.
`(e) NOTICE TO OWNER- The qualified individual shall provide an
explanation to the owner of the building regarding the energy efficiency
features of the building and its projected annual energy costs as provided in
the notice under subsection (c)(3)(B)(iii).
`(1) IN GENERAL- Except as provided in this subsection, the Secretary,
in consultation with the Secretary of Energy, shall establish requirements
for certification and compliance procedures after examining the requirements
for energy consultants and home energy ratings providers specified by the
Mortgage Industry National Accreditation Procedures for Home Energy Rating
Systems.
`(2) QUALIFIED INDIVIDUALS- Individuals qualified to determine
compliance shall be only those individuals who are recognized by an
organization certified by the Secretary for such purposes.
`(3) PROFICIENCY OF QUALIFIED INDIVIDUALS- The Secretary shall consult
with nonprofit organizations and State agencies with expertise in energy
efficiency calculations and inspections to develop proficiency tests and
training programs to qualify individuals to determine compliance.
`(g) BASIS REDUCTION- For purposes of this subtitle, if a deduction is
allowed under this section with respect to any energy efficient commercial
building property, the basis of such property shall be reduced by the amount
of the deduction so allowed.
`(h) TERMINATION- This section shall not apply with respect to any taxable
year beginning after December 31, 2003.'.
(b) CONFORMING AMENDMENT- Section 1016(a), as amended by section 211(b),
is amended by striking `and' at the end of paragraph (27), by striking the
period at the end of paragraph (28) and inserting `, and', and by inserting
the following new paragraph:
`(29) for amounts allowed as a deduction under section 199(a).'.
(c) CLERICAL AMENDMENT- The table of sections for part VI of subchapter B
of chapter 1 is amended by adding at the end the following new item:
`Sec. 199. Energy property deduction.'.
(d) EFFECTIVE DATE- The amendments made by this section shall apply to
taxable years beginning after December 31, 2000.
SEC. 605. EXTENSION AND MODIFICATION OF TAX CREDIT FOR ELECTRICITY PRODUCED
FROM BIOMASS.
(a) EXTENSION AND MODIFICATION OF PLACED-IN-SERVICE RULES-
(1) IN GENERAL- Section 45(c)(3) is amended by adding at the end the
following new subparagraphs:
`(D) BIOMASS FACILITY- In the case of a facility using biomass (other
than closed-loop biomass) to produce electricity, the term `qualified
facility' means any facility owned by the taxpayer which is originally
placed in service before January 1, 2002.
`(E) LANDFILL GAS FACILITY-
`(i) IN GENERAL- In the case of a facility using landfill gas to
produce electricity, the term `qualified facility' means any facility of
the taxpayer which is originally placed in service after December 31,
1999, and before January 1, 2002.
`(ii) SPECIAL RULE- In the case of a facility using landfill gas,
such term shall include equipment and housing (not including wells and
related systems required to collect and transmit gas to the production
facility) required to generate electricity which are owned by the
taxpayer and so placed in service.
`(F) SPECIAL RULE- In the case of a qualified facility described in
subparagraph (D) or (E), the period referred to in subsection
(a)(2)(A)(ii) shall be applied by substituting `3-year' for `10-year' and
shall be treated as beginning no earlier than January 1, 2001.'.
(2) CLOSED-LOOP BIOMASS FACILITY- Section 45(c)(3)(B) (relating to
closed-loop biomass facility) is amended by striking `owned by the taxpayer'
and all that follows and inserting `owned by the taxpayer which is--'
`(i) originally placed in service after December 31, 1992, and
before January 1, 2002, or
`(ii) originally placed in service before December 31, 1992, and
modified to use closed-loop biomass to co-fire with coal after such date
and before January 1, 2002.'.
(b) EXPANSION OF QUALIFIED ENERGY RESOURCES-
(1) IN GENERAL- Section 45(c)(1) (defining qualified energy resources)
is amended by striking `and' at the end of subparagraph (B), by striking the
period at the end of subparagraph (C) and inserting a comma, and by adding
at the end the following new subparagraphs:
`(D) biomass (other than closed-loop biomass), and
(2) DEFINITIONS- Section 45(c) is amended by adding at the end the
following new paragraphs:
`(5) BIOMASS- The term `biomass' means any solid, nonhazardous,
cellulosic waste material which is segregated from other waste materials and
which is derived from--
`(A) any of the following forest-related resources: mill residues,
precommercial thinnings, slash, and brush, but not including old-growth
timber,
`(B) urban sources, including waste pallets, crates, and dunnage,
manufacturing and construction wood wastes, and landscape or right-of-way
tree trimmings, but not including unsegregated municipal solid waste
(garbage), paper that is commonly recycled, or pressure treated,
chemically treated, or lead painted wood wastes, or
`(C) agriculture sources, including orchard tree crops, vineyard,
grain, legumes, sugar, and other crop by-products or residues.
`(6) LANDFILL GAS- The term `landfill gas' means gas from the
decomposition of any household solid waste, commercial solid waste, and
industrial solid waste disposed of in a municipal solid waste landfill unit
(as such terms are defined in regulations promulgated under subtitle D of
the Solid Waste Disposal Act (42 U.S.C. 6941 et seq.)).'.
(c) SPECIAL RULES- Section 45(d) (relating to definitions and special
rules) is amended by adding at the end the following new paragraph:
`(8) DENIAL OF DOUBLE BENEFIT- No credit shall be allowed under this
section with respect to a facility for any taxable year if the credit under
section 29 is allowed in such year or has been allowed in any preceding
taxable year with respect to any fuel produced from such facility.'.
(d) CONFORMING AMENDMENT- Section 29(d) (relating to other definitions and
special rules) is amended by adding at the end the following new paragraph:
`(9) DENIAL OF DOUBLE BENEFIT- No credit shall be allowed under this
section with respect to any fuel produced from a facility for any taxable
year if the credit under section 45 is allowed in such year or has been
allowed in any preceding taxable year with respect to such facility.'.
(e) EFFECTIVE DATE- The amendments made by this section shall take effect
on the date of the enactment of this Act.
SEC. 606. TAX CREDIT FOR CERTAIN ENERGY EFFICIENT MOTOR VEHICLES.
(a) IN GENERAL- Subpart B of part IV of subchapter A of chapter 1, as
amended by section 160(a), is amended by adding at the end the following new
section:
`SEC. 30C. CREDIT FOR HYBRID VEHICLES.
`(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
the credit amounts for each qualified hybrid vehicle placed in service during
the taxable year.
`(b) CREDIT AMOUNT- For purposes of this section--
`(1) IN GENERAL- The credit amount for each qualified hybrid vehicle
with a rechargeable energy storage system that provides the applicable
percentage of the maximum available power shall be the amount specified in
the following table:
`Applicable percentage
--Credit amount
Not less than 5 percent but less than 10 percent
--$500
Not less than 10 percent but less than 20 percent
--$1,000
Not less than 20 percent but less than 30 percent
--$1,500
Not less than 30 percent
--$2,000.
`(2) INCREASE IN CREDIT AMOUNT FOR REGENERATIVE BRAKING SYSTEM- In the
case of a qualified hybrid vehicle that actively employs a regenerative
braking system which supplies to the rechargeable energy storage system the
applicable percentage of the energy available from braking in a typical 60
miles per hour to 0 miles per hour braking event, the credit amount
determined under this section shall be increased by the amount specified in
the following table:
`Applicable percentage
--Credit amount
Not less than 20 percent but less than 40 percent
--$250
Not less than 40 percent but less than 60 percent
--$500
Not less than 60 percent
--$1,000.
`(c) DEFINITIONS- For purposes of this section--
`(1) QUALIFIED HYBRID VEHICLE- The term `qualified hybrid vehicle' means
an automobile that meets all applicable regulatory requirements and that can
draw propulsion energy from both of the following onboard sources of stored
energy:
`(B) A rechargeable energy storage system.
`(2) MAXIMUM AVAILABLE POWER- The term `maximum available power' means
the maximum value of the sum of the heat engine and electric drive system
power or other nonheat energy conversion devices available for a driver's
command for maximum acceleration at vehicle speeds under 75 miles per
hour.
`(3) AUTOMOBILE- The term `automobile' has the meaning given such term
by section 4064(b)(1) (without regard to subparagraphs (B) and (C) thereof).
A vehicle shall not fail to be treated as an automobile solely by reason of
weight if such vehicle is rated at 8,500 pounds gross vehicle weight rating
or less.
`(d) APPLICATION WITH OTHER CREDITS- The credit allowed by subsection (a)
for any taxable year shall not exceed the excess (if any) of--
`(1) the regular tax for the taxable year reduced by the sum of the
credits allowable under subpart A and the preceding sections of this
subpart, over
`(2) the tentative minimum tax for the taxable year.
`(1) BASIS REDUCTION- The basis of any property for which a credit is
allowable under subsection (a) shall be reduced by the amount of such credit
(determined without regard to subsection (d)).
`(2) RECAPTURE- The 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.
`(3) PROPERTY USED OUTSIDE UNITED STATES, ETC., NOT QUALIFIED- No credit
shall be allowed under this section with respect to--
`(A) any property for which a credit is allowed under section
30,
`(B) any property referred to in section 50(b), or
`(C) any property taken into account under section 179 or
179A.
`(4) ELECTION TO NOT TAKE CREDIT- No credit shall be allowed under
subsection (a) for any vehicle if the taxpayer elects to not have this
section apply to such vehicle.
`(1) TREASURY- The Secretary shall prescribe such regulations as may be
necessary or appropriate to carry out the purposes of this section.
`(2) ENVIRONMENTAL PROTECTION AGENCY- The Administrator of the
Environmental Protection Agency, in coordination with the Secretary of
Transportation and consistent with the laws administered by such agency for
automobiles, shall timely prescribe such regulations as may be necessary or
appropriate solely for the purpose of specifying the testing and calculation
procedures to determine whether a vehicle meets the qualifications for a
credit under this section.
`(g) APPLICATION OF SECTION- This section shall apply to any qualified
hybrid vehicles placed in service after December 31, 2003, and before January
1, 2005.'
(b) CONFORMING AMENDMENTS-
(1) Section 53(d)(1)(B)(iii) is amended by inserting `or not allowed
under section 30C solely by reason of the application of section 30C(d)(2)'
after `section 30(b)(3)(B)'.
(2) Section 55(c)(2) is amended by inserting `30C(d),' after
`30(b)(3),'.
(3) Subsection (a) of section 1016, as amended by section 604(b), is
amended by striking `and' at the end of paragraph (28), by striking the
period at the end of paragraph (29) and inserting `, and', and by adding at
the end the following new paragraph:
`(30) to the extent provided in section 30C(e)(1).'.
(4) The table of sections for subpart B of part IV of subchapter A of
chapter 1, as amended by section 160(b), is amended by adding at the end the
following new item:
`Sec. 30C. Credit for hybrid vehicles.'.
TITLE VII--ADDITIONAL TAX PROVISIONS
SEC. 701. LIMITATION ON USE OF NONACCRUAL EXPERIENCE METHOD OF
ACCOUNTING.
(a) IN GENERAL- Section 448(d)(5) (relating to special rule for services)
is amended--
(1) by inserting `in fields described in paragraph (2)(A)' after
`services by such person', and
(2) by inserting `CERTAIN PERSONAL' before `SERVICES' in the
heading.
(1) IN GENERAL- The amendments made by this section shall apply to
taxable years ending after the date of the enactment of this Act.
(2) CHANGE IN METHOD OF ACCOUNTING- In the case of any taxpayer required
by the amendments made by this section to change its method of accounting
for its first taxable year ending after the date of the enactment of this
Act--
(A) such change shall be treated as initiated by the
taxpayer,
(B) such change shall be treated as made with the consent of the
Secretary of the Treasury, and
(C) the net amount of the adjustments required to be taken into
account by the taxpayer under section 481 of the Internal Revenue Code of
1986 shall be taken into account over a period (not greater than 4 taxable
years) beginning with such first taxable year.
SEC. 702. REPEAL OF SECTION 530(d) OF THE REVENUE ACT OF 1978.
(a) IN GENERAL- Section 530(d) of the Revenue Act of 1978 (as added by
section 1706 of the Tax Reform Act of 1986) is repealed.
(b) EFFECTIVE DATE- The amendment made by subsection (a) shall apply to
periods ending after the date of the enactment of this Act.
SEC. 703. EXPANSION OF EXEMPTION FROM PERSONAL HOLDING COMPANY TAX FOR
LENDING OR FINANCE COMPANIES.
(a) IN GENERAL- Paragraph (6) of section 542(c) (defining personal holding
company) is amended--
(1) by striking `rents,' in subparagraph (B), and
(2) by adding `and' at the end of subparagraph (B),
(3) by striking subparagraph (C), and
(4) by redesignating subparagraph (D) as subparagraph (C).
(b) EXCEPTION FOR LENDING OR FINANCE COMPANIES DETERMINED ON AFFILIATED
GROUP BASIS- Subsection (d) of section 542 is amended by striking paragraphs
(1) and (2) and inserting the following new paragraphs:
`(1) LENDING OR FINANCE BUSINESS DEFINED- For purposes of subsection
(c)(6), the term `lending or finance business' means a business of--
`(B) purchasing or discounting accounts receivable, notes, or
installment obligations,
`(C) engaging in leasing (including entering into leases and
purchasing, servicing, and disposing of leases and leased
assets),
`(D) rendering services or making facilities available in the ordinary
course of a lending or finance business,
`(E) rendering services or making facilities available in connection
with activities described in subparagraphs (A), (B), and (C) carried on by
the corporation rendering services or making facilities available,
or
`(F) rendering services or making facilities available to another
corporation which is engaged in the lending or finance business (within
the meaning of this paragraph), if such services or facilities are related
to the lending or finance business (within such meaning) of such other
corporation and such other corporation and the corporation rendering
services or making facilities available are members of the same affiliated
group (as defined in section 1504).
`(2) EXCEPTION DETERMINED ON AN AFFILIATED GROUP BASIS- In the case of a
lending or finance company which is a member of an affiliated group (as
defined in section 1504), such company shall be treated as meeting the
requirements of subsection (c)(6) if such group (determined by taking into
account only members of such group which are engaged in a lending or finance
business) meets such requirements.'.
(c) EFFECTIVE DATE- The amendments made by this section shall apply to
taxable years beginning after December 31, 2000.
SEC. 704. CHARITABLE CONTRIBUTION DEDUCTION FOR CERTAIN EXPENSES INCURRED IN
SUPPORT OF NATIVE ALASKAN SUBSISTENCE WHALING.
(a) IN GENERAL- Section 170 (relating to charitable, etc., contributions
and gifts) is amended by redesignating subsection (m) as subsection (n) and by
inserting after subsection (l) the following new subsection:
`(m) EXPENSES PAID BY CERTAIN WHALING CAPTAINS IN SUPPORT OF NATIVE
ALASKAN SUBSISTENCE WHALING-
`(1) IN GENERAL- In the case of an individual who is recognized by the
Alaska Eskimo Whaling Commission as a whaling captain charged with the
responsibility of maintaining and carrying out sanctioned whaling activities
and who engages in such activities during the taxable year, the amount
described in paragraph (2) (to the extent such amount does not exceed $7,500
for the taxable year) shall be treated for purposes of this section as a
charitable contribution.
`(A) IN GENERAL- The amount described in this paragraph is the
aggregate of the reasonable and necessary whaling expenses paid by the
taxpayer during the taxable year in carrying out sanctioned whaling
activities.
`(B) WHALING EXPENSES- For purposes of subparagraph (A), the term
`whaling expenses' includes expenses for--
`(i) the acquisition and maintenance of whaling boats, weapons, and
gear used in sanctioned whaling activities,
`(ii) the supplying of food for the crew and other provisions for
carrying out such activities, and
`(iii) storage and distribution of the catch from such
activities.
`(3) SANCTIONED WHALING ACTIVITIES- For purposes of this subsection, the
term `sanctioned
whaling activities' means subsistence bowhead whale hunting activities
conducted pursuant to the management plan of the Alaska Eskimo Whaling
Commission.'.
(b) EFFECTIVE DATE- The amendments made by subsection (a) shall apply to
taxable years ending after December 31, 2000.
SEC. 705. IMPOSITION OF EXCISE TAX ON PERSONS WHO ACQUIRE STRUCTURED
SETTLEMENT PAYMENTS IN FACTORING TRANSACTIONS.
(a) IN GENERAL- Subtitle E is amended by adding at the end the following
new chapter:
`CHAPTER 55--STRUCTURED SETTLEMENT FACTORING TRANSACTIONS
`Sec. 5891. Structured settlement factoring transactions.
`SEC. 5891. STRUCTURED SETTLEMENT FACTORING TRANSACTIONS.
`(a) IMPOSITION OF TAX- There is hereby imposed on any person who acquires
directly or indirectly structured settlement payment rights in a structured
settlement factoring transaction a tax equal to 40 percent of the factoring
discount as determined under subsection (c)(4) with respect to such factoring
transaction.
`(b) EXCEPTION FOR CERTAIN APPROVED TRANSACTIONS-
`(1) IN GENERAL- The tax under subsection (a) shall not apply in the
case of a structured settlement factoring transaction in which the transfer
of structured settlement payment rights is approved in advance in a
qualified order.
`(2) QUALIFIED ORDER- For purposes of this section, the term `qualified
order' means a final order, judgment, or decree which--
`(A) finds that the transfer described in paragraph (1)--
`(i) does not contravene any Federal or State statute or the order
of any court or responsible administrative authority, and
`(ii) is in the best interest of the payee, taking into account the
welfare and support of the payee's dependents, and
`(i) under the authority of an applicable State statute by an
applicable State court, or
`(ii) by the responsible administrative authority (if any) which has
exclusive jurisdiction over the underlying action or proceeding which
was resolved by means of the structured settlement.
`(3) APPLICABLE STATE STATUTE- For purposes of this section, the term
`applicable State statute' means a statute providing for the entry of an
order, judgment, or decree described in paragraph (2)(A) which is enacted
by--
`(A) the State in which the payee of the structured settlement is
domiciled, or
`(B) if there is no statute described in subparagraph (A), the State
in which either the party to the structured settlement (including an
assignee under a qualified assignment under section 130) or the person
issuing the funding asset for the structured settlement is domiciled or
has its principal place of business.
`(4) APPLICABLE STATE COURT- For purposes of this section--
`(A) IN GENERAL- The term `applicable State court' means, with respect
to any applicable State statute, a court of the State which enacted such
statute.
`(B) SPECIAL RULE- In the case of an applicable State statute
described in paragraph (3)(B), such term also includes a court of the
State in which the payee of the structured settlement is
domiciled.
`(5) QUALIFIED ORDER DISPOSITIVE- A qualified order shall be treated as
dispositive for purposes of the exception under this subsection.
`(c) DEFINITIONS- For purposes of this section--
`(1) STRUCTURED SETTLEMENT- The term `structured settlement' means an
arrangement--
`(A) which is established by--
`(i) suit or agreement for the periodic payment of damages
excludable from the gross income of the recipient under section
104(a)(2), or
`(ii) agreement for the periodic payment of compensation under any
workers' compensation act excludable from the gross income of the
recipient under section 104(a)(1), and
`(B) under which the periodic payments are--
`(i) of the character described in subparagraphs (A) and (B) of
section 130(c)(2), and
`(ii) payable by a person who is a party to the suit or agreement or
to the workers' compensation claim or by a person who has assumed the
liability for such periodic payments under a qualified assignment in
accordance with section 130.
`(2) STRUCTURED SETTLEMENT PAYMENT RIGHTS- The term `structured
settlement payment rights' means rights to receive payments under a
structured settlement.
`(3) STRUCTURED SETTLEMENT FACTORING TRANSACTION-
`(A) IN GENERAL- The term `structured settlement factoring
transaction' means a transfer of structured settlement payment rights
(including portions of structured settlement payments) made for
consideration by means of sale, assignment, pledge, or other form of
encumbrance or alienation for consideration.
`(B) EXCEPTION- Such term shall not include--
`(i) the creation or perfection of a security interest in structured
settlement payment rights under a blanket security agreement entered
into with an insured depository institution in the absence of any action
to redirect the structured settlement
payments to such institution (or agent or successor thereof) or otherwise to
enforce such blanket security interest as against the structured settlement
payment rights, or
`(ii) a subsequent transfer of structured settlement payment rights
acquired in a structured settlement factoring transaction.
`(4) FACTORING DISCOUNT- The term `factoring discount' means an amount
equal to the excess of--
`(A) the aggregate undiscounted amount of structured settlement
payments being acquired in the structured settlement factoring
transaction, over
`(B) the total amount actually paid by the acquirer to the person from
whom such structured settlement payments are acquired.
`(5) RESPONSIBLE ADMINISTRATIVE AUTHORITY- The term `responsible
administrative authority' means the administrative authority which had
jurisdiction over the underlying action or proceeding which was resolved by
means of the structured settlement.
`(6) STATE- The term `State' includes any possession of the United
States.
`(d) COORDINATION WITH OTHER PROVISIONS-
`(1) IN GENERAL- If the applicable requirements of sections 72, 104(a)
(1) and (2), 130, and 461(h) were satisfied at the time the structured
settlement was entered into, the subsequent occurrence of a structured
settlement factoring transaction shall not affect the application of the
provisions of such sections to the parties to the structured settlement
(including an assignee under a qualified assignment under section 130) in
any taxable year.
`(2) NO WITHHOLDING OF TAX- The provisions of section 3405 regarding
withholding of tax shall not apply to the person making the payments in the
event of a structured settlement factoring transaction.'.
(b) CLERICAL AMENDMENTS- The table of chapters for subtitle E is amended
by adding at the end the following new item:
`CHAPTER 55. Structured settlement factoring transactions.'.
(1) IN GENERAL- The amendments made by this section (other than the
provisions of section 5891(d) of the Internal Revenue Code of 1986, as added
by this section) shall apply to structured settlement factoring transactions
(as defined in section 5891(c) of such Code as adopted by this section)
entered into on or after the 30th day following the date of the enactment of
this Act.
(2) CLARIFICATION OF EXISTING LAW- Section 5891(d) of such Code (as so
added) shall apply to transactions entered into before, on, or after such
30th day.
(3) TRANSITION RULE- In the case of a structured settlement factoring
transaction entered into during the period beginning on the 30th day
following the date of the enactment of this Act and ending on July 1, 2002,
no tax shall be imposed under section 5891(a) of such Code if--
(A) the structured settlement payee is domiciled in a State (or
possession of the United States) which has not enacted a statute providing
that the structured settlement factoring transaction is ineffective unless
the transaction has been approved by an order, judgment, or decree of a
court (or where applicable, a responsible administrative authority) which
finds that such transaction--
(i) does not contravene any Federal or State statute or the order of
any court (or responsible administrative authority), and
(ii) is in the best interest of the structured settlement payee or
is appropriate in light of a hardship faced by the payee,
and
(B) the person acquiring the structured settlement payment rights
discloses to the structured settlement payee in advance of the structured
settlement factoring transaction the amounts and due dates of the payments
to be transferred, the aggregate amount to be transferred, the
consideration to be received by the structured settlement payee for the
transferred payments, the discounted present value of the transferred
payments including the present value as determined in the manner described
in section 7520 of such Code, and the expenses required under the terms of
the structured settlement factoring transaction to be paid by the
structured settlement payee or deducted from the proceeds of such
transaction.
END