2000
[DOCID: f:h3529pcs.txt]
Calendar No. 308
107th CONGRESS
2d Session
H. R. 3529
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
December 20 (legislative day, December 18), 2001
Received and read the first time
January 23, 2002
Read the second time and placed on the calendar
_______________________________________________________________________
AN ACT
To provide tax incentives for economic recovery and assistance to
displaced workers.
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 ``Economic Security
and Worker Assistance Act of 2001''.
(b) References to Internal Revenue Code of 1986.--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.
(c) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; etc.
TITLE I--INDIVIDUAL PROVISIONS
Sec. 101. Supplemental stimulus payments.
Sec. 102. Acceleration of 25 percent individual income tax rate.
TITLE II--BUSINESS PROVISIONS
Sec. 201. Special depreciation allowance for certain property acquired
after September 10, 2001, and before
September 11, 2004.
Sec. 202. Temporary increase in expensing under section 179.
Sec. 203. Alternative minimum tax reform.
Sec. 204. Carryback of certain net operating losses allowed for 5
years.
Sec. 205. Recovery period for depreciation of certain leasehold
improvements.
TITLE III--EXTENSIONS OF CERTAIN EXPIRING PROVISIONS
Subtitle A--Extensions
Sec. 301. Allowance of nonrefundable personal credits against regular
and minimum tax liability.
Sec. 302. Credit for qualified electric vehicles.
Sec. 303. Credit for electricity produced from renewable resources.
Sec. 304. Work opportunity credit.
Sec. 305. Welfare-to-work credit.
Sec. 306. Deduction for clean-fuel vehicles and certain refueling
property.
Sec. 307. Taxable income limit on percentage depletion for oil and
natural gas produced from marginal
properties.
Sec. 308. Qualified zone academy bonds.
Sec. 309. Cover over of tax on distilled spirits.
Sec. 310. Parity in the application of certain limits to mental health
benefits.
Sec. 311. Temporary special rules for taxation of life insurance
companies.
Sec. 312. Availability of medical savings accounts.
Sec. 313. Incentives for Indian employment and property on Indian
reservations.
Sec. 314. Subpart F exemption for active financing.
Sec. 315. Repeal of requirement for approved diesel or kerosene
terminals.
Subtitle B--Temporary Assistance for Needy Families
Sec. 321. Reauthorization of TANF supplemental grants for population
increases for fiscal year 2002.
Sec. 322. 1-year extension of contingency fund under the TANF program.
TITLE IV--TAX BENEFITS FOR AREA OF NEW YORK CITY DAMAGED IN TERRORIST
ATTACKS ON SEPTEMBER 11, 2001
Sec. 401. Tax benefits for area of New York City damaged in terrorist
attacks on September 11, 2001.
TITLE V--RELIEF PROVISIONS FOR VICTIMS OF TERRORIST ATTACKS,
PRESIDENTIALLY DECLARED DISASTERS, AND CERTAIN OTHER DISASTERS
Subtitle A--Relief Provisions for Victims of Terrorist Attacks
Sec. 501. Income taxes of victims of terrorist attacks.
Sec. 502. Exclusion of certain death benefits.
Sec. 503. Estate tax reduction.
Sec. 504. Payments by charitable organizations treated as exempt
payments.
Sec. 505. Exclusion of certain cancellations of indebtedness.
Subtitle B--Other Relief Provisions
Sec. 511. Exclusion for disaster relief payments.
Sec. 512. Authority to postpone certain deadlines and required actions.
Sec. 513. Application of certain provisions to terroristic or military
actions.
Sec. 514. Clarification of due date for airline excise tax deposits.
Sec. 515. Treatment of certain structured settlement payments.
Sec. 516. Personal exemption deduction for certain disability trusts.
Sec. 517. Disclosure of tax information in terrorism and national
security investigations.
TITLE VI--MISCELLANEOUS AND TECHNICAL PROVISIONS
Subtitle A--General Miscellaneous Provisions
Sec. 601. Allowance of electronic 1099's.
Sec. 602. Excluded cancellation of indebtedness income of S corporation
not to result in adjustment to basis of
stock of shareholders.
Sec. 603. Limitation on use of nonaccrual experience method of
accounting.
Sec. 604. Exclusion for foster care payments to apply to payments by
qualified placement agencies.
Sec. 605. Interest rate range for additional funding requirements.
Sec. 606. Adjusted gross income determined by taking into account
certain expenses of elementary and
secondary school teachers.
Subtitle B--Technical Corrections
Sec. 611. Amendments related to Economic Growth and Tax Relief
Reconciliation Act of 2001.
Sec. 612. Amendments related to Community Renewal Tax Relief Act of
2000.
Sec. 613. Amendments related to the Tax Relief Extension Act of 1999.
Sec. 614. Amendments related to the Taxpayer Relief Act of 1997.
Sec. 615. Amendment related to the Balanced Budget Act of 1997.
Sec. 616. Other technical corrections.
Sec. 617. Clerical amendments.
Sec. 618. Additional corrections.
TITLE VII--UNEMPLOYMENT ASSISTANCE
Sec. 701. Short title.
Sec. 702. Federal-State agreements.
Sec. 703. Temporary extended unemployment compensation account.
Sec. 704. Payments to States having agreements for the payment of
temporary extended unemployment
compensation.
Sec. 705. Financing provisions.
Sec. 706. Fraud and overpayments.
Sec. 707. Definitions.
Sec. 708. Applicability.
Sec. 709. Special Reed Act transfer in fiscal year 2002.
TITLE VIII--DISPLACED WORKER HEALTH INSURANCE CREDIT
Sec. 801. Displaced worker health insurance credit.
Sec. 802. Advance payment of displaced worker health insurance credit.
TITLE IX--EMPLOYMENT AND TRAINING ASSISTANCE AND TEMPORARY HEALTH CARE
COVERAGE ASSISTANCE
Sec. 901. Employment and training assistance and temporary health care
coverage assistance.
TITLE X--TEMPORARY STATE HEALTH CARE ASSISTANCE
Sec. 1001. Temporary State health care assistance.
TITLE XI--SOCIAL SECURITY HELD HARMLESS; BUDGETARY TREATMENT OF ACT
Sec. 1101. No impact on social security trust funds.
Sec. 1102. Emergency designation.
TITLE I--INDIVIDUAL PROVISIONS
SEC. 101. SUPPLEMENTAL STIMULUS PAYMENTS.
(a) In General.--Section 6428 (relating to acceleration of 10
percent income tax rate bracket benefit for 2001) is amended by adding
at the end the following new subsection:
``(f) Supplemental Stimulus Payments.--
``(1) In general.--Each individual who was an eligible
individual for such ind
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ividual's first taxable year beginning
in 2000 and who, before October 16, 2001, filed a return of tax
imposed by subtitle A for such taxable year shall be treated as
having made a payment against the tax imposed by chapter 1 for
such first taxable year in an amount equal to the supplemental
refund amount for such taxable year.
``(2) Supplemental refund amount.--For purposes of this
subsection, the supplemental refund amount is an amount equal
to the excess (if any) of--
``(A)(i) $600 in the case of taxpayers to whom
section 1(a) applies,
``(ii) $500 in the case of taxpayers to whom
section 1(b) applies, and
``(iii) $300 in the case of taxpayers to whom
subsections (c) or (d) of section 1 applies, over
``(B) the taxpayer's advance refund amount under
subsection (e).
``(3) Timing of payments.--In the case of any overpayment
attributable to this subsection, the Secretary shall, subject
to the provisions of this title, refund or credit such
overpayment as rapidly as possible.
``(4) No interest.--No interest shall be allowed on any
overpayment attributable to this subsection.''
(b) Conforming Amendments.--
(1) Subparagraph (A) of section 6428(d)(1) is amended by
striking ``subsection (e)'' and inserting ``subsections (e) and
(f)''.
(2) Subparagraph (B) of section 6428(d)(1) is amended by
striking ``subsection (e)'' and inserting ``subsection (e) or
(f)''.
(3) Paragraph (3) of section 6428(e) is amended by
inserting before the period ``(or, if earlier, the date of the
enactment of the Economic Security and Worker Assistance Act of
2001)''.
(c) Effective Date.--The amendments made by this section shall take
effect on the date of the enactment of this Act.
SEC. 102. ACCELERATION OF 25 PERCENT INDIVIDUAL INCOME TAX RATE.
(a) In General.--The table contained in paragraph (2) of section
1(i) (relating to reductions in rates after June 30, 2001) is amended--
(1) by striking ``27.0%'' and inserting ``25.0%'', and
(2) by striking ``26.0%'' and inserting ``25.0%''.
(b) Reduction Not To Increase Minimum Tax.--
(1) Subparagraph (A) of section 55(d)(1) is amended by
striking ``($49,000 in the case of taxable years beginning in
2001, 2002, 2003, and 2004)'' and inserting ``($49,000 in the
case of taxable years beginning in 2001, $52,200 in the case of
taxable years beginning in 2002 or 2003, and $50,700 in the
case of taxable years beginning in 2004)''.
(2) Subparagraph (B) of section 55(d)(1) is amended by
striking ``($35,750 in the case of taxable years beginning in
2001, 2002, 2003, and 2004)'' and inserting ``($35,750 in the
case of taxable years beginning in 2001, $37,350 in the case of
taxable years beginning in 2002 or 2003, and $36,600 in the
case of taxable years beginning in 2004)''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2001.
(d) Section 15 Not To Apply.--No amendment made by this section
shall be treated as a change in a rate of tax for purposes of section
15 of the Internal Revenue Code of 1986 .
TITLE II--BUSINESS PROVISIONS
SEC. 201. SPECIAL DEPRECIATION ALLOWANCE FOR CERTAIN PROPERTY ACQUIRED
AFTER SEPTEMBER 10, 2001, AND BEFORE SEPTEMBER 11, 2004.
(a) In General.--Section 168 (relating to accelerated cost recovery
system) is amended by adding at the end the following new subsection:
``(k) Special Allowance for Certain Property Acquired After
September 10, 2001, and Before September 11, 2004.--
``(1) Additional allowance.--In the case of any qualified
property--
``(A) the depreciation deduction provided by
section 167(a) for the taxable year in which such
property is placed in service shall include an
allowance equal to 30 percent of the adjusted basis of
the qualified property, and
``(B) the adjusted basis of the qualified property
shall be reduced by the amount of such deduction before
computing the amount otherwise allowable as a
depreciation deduction under this chapter for such
taxable year and any subsequent taxable year.
``(2) Qualified property.--For purposes of this
subsection--
``(A) In general.--The term `qualified property'
means property--
``(i)(I) to which this section applies
which has a recovery period of 20 years or less
or which is water utility property, or
``(II) which is computer software (as
defined in section 167(f)(1)(B)) for which a
deduction is allowable under section 167(a)
without regard to this subsection,
``(ii) the original use of which commences
with the taxpayer after September 10, 2001,
``(iii) which is--
``(I) acquired by the taxpayer
after September 10, 2001, and before
September 11, 2004, but only if no
written binding contract for the
acquisition was in effect before
September 11, 2001, or
``(II) acquired by the taxpayer
pursuant to a written binding contract
which was entered into after September
10, 2001, and before September 11,
2004, and
``(iv) which is placed in service by the
taxpayer before January 1, 2005, or, in the
case of property described in subparagraph (B),
before January 1, 2006.
``(B) Certain property having longer production
periods treated as qualified property.--
``(i) In general.--The term `qualified
property' includes property--
``(I) which meets the requirements
of clauses (i), (ii), and (iii) of
subparagraph (A),
``(II) which has a recovery period
of at least 10 years or is
transportation property, and
``(III) which is subject to section
263A by reason of clause (ii) or (iii)
of subsection (f)(1)(B) thereof.
``(ii) Only pre-september 11, 2004, basis
eligible for additional allowance.--In the case
of property which is qualified property solely
by reason of clause (i), paragraph (1) shall
apply only to the extent of the adjusted basis
thereof attributable to manufacture,
construction, or production before September
11, 2004.
``(iii) Transportation property.--For
purposes of this subparagraph, the term
`transportation property' means tangible
personal propert
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y used in the trade or business
of transporting persons or property.
``(C) Exceptions.--
``(i) Alternative depreciation property.--
The term `qualified property' shall not include
any property to which the alternative
depreciation system under subsection (g)
applies, determined--
``(I) without regard to paragraph
(7) of subsection (g) (relating to
election to have system apply), and
``(II) after application of section
280F(b) (relating to listed property
with limited business use).
``(ii) Election out.--If a taxpayer makes
an election under this clause with respect to
any class of property for any taxable year,
this subsection shall not apply to all property
in such class placed in service during such
taxable year.
``(iii) Qualified leasehold improvement
property.--The term `qualified property' shall
not include any qualified leasehold improvement
property (as defined in section 168(e)(6)).
``(D) Special rules.--
``(i) Self-constructed property.--In the
case of a taxpayer manufacturing, constructing,
or producing property for the taxpayer's own
use, the requirements of clause (iii) of
subparagraph (A) shall be treated as met if the
taxpayer begins manufacturing, constructing, or
producing the property after September 10,
2001, and before September 11, 2004.
``(ii) Sale-leasebacks.--For purposes of
subparagraph (A)(ii), if property--
``(I) is originally placed in
service after September 10, 2001, by a
person, and
``(II) sold and leased back by such
person within 3 months after the date
such property was originally placed in
service,
such property shall be treated as originally
placed in service not earlier than the date on
which such property is used under the leaseback
referred to in subclause (II).
``(E) Coordination with section 280f.--For purposes
of section 280F--
``(i) Automobiles.--In the case of a
passenger automobile (as defined in section
280F(d)(5)) which is qualified property, the
Secretary shall increase the limitation under
section 280F(a)(1)(A)(i) by $4,600.
``(ii) Listed property.--The deduction
allowable under paragraph (1) shall be taken
into account in computing any recapture amount
under section 280F(b)(2).''
(b) Allowance Against Alternative Minimum Tax.--
(1) In general.--Section 56(a)(1)(A) (relating to
depreciation adjustment for alternative minimum tax) is amended
by adding at the end the following new clause:
``(iii) Additional allowance for certain
property acquired after september 10, 2001, and
before september 11, 2004.--The deduction under
section 168(k) shall be allowed.''
(2) Conforming amendment.--Clause (i) of section
56(a)(1)(A) is amended by striking ``clause (ii)'' both places
it appears and inserting ``clauses (ii) and (iii)''.
(c) Effective Date.--The amendments made by this section shall
apply to property placed in service after September 10, 2001, in
taxable years ending after such date.
SEC. 202. TEMPORARY INCREASE IN EXPENSING UNDER SECTION 179.
(a) In General.--The table contained in section 179(b)(1) (relating
to dollar limitation) is amended to read as follows:
``If the taxable year
The applicable
begins in:
amount is:
2001............................... $24,000
2002 or 2003....................... $35,000
2004 or thereafter................. $25,000.''
(b) Temporary Increase in Amount of Property Triggering Phaseout of
Maximum Benefit.--Paragraph (2) of section 179(b) is amended by
inserting before the period ``($325,000 in the case of taxable years
beginning during 2002 or 2003)''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2001.
SEC. 203. ALTERNATIVE MINIMUM TAX REFORM.
(a) Repeal of Preference for Depreciation.--
(1) Paragraph (1) of section 56(a) is amended by adding at
the end the following new subparagraph:
``(E) Termination.--This paragraph shall not apply
to property placed in service in taxable years
beginning after December 31, 2001.''
(2) Paragraph (5) of section 56(a) is amended by adding at
the end: ``This paragraph shall not apply to property placed in
service in taxable years beginning after December 31, 2001.''
(b) Repeal of 90 Percent Limitation on Foreign Tax Credits.--
(1) Subsection (a) of section 59 is amended by striking
paragraph (2) and by redesignating paragraphs (3) and (4) as
paragraphs (2) and (3), respectively.
(2) Subclause (II) of section 53(d)(1)(B)(i) is amended by
striking ``and if section 59(a)(2) did not apply''.
(c) Repeal of 90 Percent Limitation on Net Operating Loss
Deduction.--Subparagraph (A) of section 56(d)(1), as amended by section
204, is amended to read as follows:
``(A) the amount of such deduction shall not exceed
alternative minimum taxable income determined without
regard to such deduction, and''.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2001.
SEC. 204. CARRYBACK OF CERTAIN NET OPERATING LOSSES ALLOWED FOR 5
YEARS.
(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) In the case of a taxpayer which has a net
operating loss for any taxable year ending during 2001
or 2002, subparagraph (A)(i) shall be applied by
substituting `5' for `2' and subparagraph (F) shall not
apply.''
(b) Election To Disregard 5-Year Carryback.--Section 172 (relating
to net operating loss deduction) is amended by redesignating subsection
(j) as subsection (k) and by inserting after subjection (i) the
following new subsection:
``(j) Election To Disregard 5-Year Carryback for Certain Net
Operating Losses.--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). Such election shall be made in such manner as may
be prescribed by th
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e Secretary and shall be made by the due date
(including extensions of time) for filing the taxpayer's return for the
taxable year of the net operating loss. Such election, once made for
any taxable year, shall be irrevocable for such taxable year.''
(c) Temporary Suspension of 90 Percent Limit on Certain NOL
Carrybacks.--
(1) In general.--Subparagraph (A) of section 56(d)(1)
(relating to general rule defining alternative tax net
operating loss deduction) is amended to read as follows:
``(A) the amount of such deduction shall not exceed
the sum of--
``(i) the lesser of--
``(I) the amount of such deduction
attributable to net operating losses
(other than the deduction attributable
to carrybacks described in clause
(ii)(I)), or
``(II) 90 percent of alternative
minimum taxable income determined
without regard to such deduction, plus
``(ii) the lesser of--
``(I) the amount of such deduction
attributable to carrybacks of net
operating losses for taxable years
ending during 2001 or 2002, or
``(II) alternative minimum taxable
income determined without regard to
such deduction reduced by the amount
determined under clause (i), and''.
(2) Effective date.--The amendment made by this subsection
shall apply to taxable years beginning before January 1, 2002.
(d) Effective Date.--Except as provided in subsection (c), the
amendments made by this section shall apply to net operating losses for
taxable years ending after December 31, 2000.
SEC. 205. 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) such portion is to be occupied
exclusively by the lessee (or any sublessee) of
such portion, and
``(iii) 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.
``(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; 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
subsection.
``(D) Improvements made by lessor.--
``(i) In general.--In the case of an
improvement made by the person who was the
lessor of such improvement when such
improvement was placed in service, such
improvement shall be qualified leasehold
improvement property (if at all) only so long
as such improvement is held by such person.
``(ii) Exception for changes in form of
business.--Property shall not cease to be
qualified leasehold improvement property under
clause (i) by reason of--
``(I) death,
``(II) a transaction to which
section 381(a) applies, or
``(III) a mere change in the form
of conducting the trade or business so
long as the property is retained in
such trade or business as qualified
leasehold improvement property and the
taxpayer retains a substantial interest
in such trade or business.
``(iii) Treatment of failures to maintain
substantial interest in trade or business.--In
the case of property to which clause (ii)(III)
would apply but for the failure of the taxpayer
to retain a substantial interest in a trade or
business, the remaining adjusted basis of such
property shall be depreciated under this
section over 39 years.''
(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) Alternative System.--The table contained in section
168(g)(3)(B) is amended by adding at the end the following new item:
``(E)(iv)..........
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................................ 15''.
(e) Effective Date.--The amendments made by this section shall
apply to qualified leasehold improvement property placed in service
after September 10, 2001.
TITLE III--EXTENSIONS OF CERTAIN EXPIRING PROVISIONS
Subtitle A--Extensions
SEC. 301. ALLOWANCE OF NONREFUNDABLE PERSONAL CREDITS AGAINST REGULAR
AND MINIMUM TAX LIABILITY.
(a) In General.--Paragraph (2) of section 26(a) is amended--
(1) by striking ``rule for 2000 and 2001.--'' and inserting
``rule for 2000, 2001, 2002, and 2003.--'', and
(2) by striking ``during 2000 or 2001,'' and inserting
``during 2000, 2001, 2002, or 2003,''.
(b) Conforming Amendments.--
(1) Section 904(h) is amended by striking ``during 2000 or
2001'' and inserting ``during 2000, 2001, 2002, or 2003''.
(2) The amendments made by sections 201(b), 202(f), and
618(b) of the Economic Growth and Tax Relief Reconciliation Act
of 2001 shall not apply to taxable years beginning during 2002
and 2003.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2001.
SEC. 302. CREDIT FOR QUALIFIED ELECTRIC VEHICLES.
(a) In General.--Section 30 is amended--
(1) in subsection (b)(2)--
(A) by striking ``December 31, 2001,'' and
inserting ``December 31, 2003,'', and
(B) in subparagraphs (A), (B), and (C), by striking
``2002'', ``2003'', and ``2004'', respectively, and
inserting ``2004'', ``2005'', and ``2006'',
respectively, and
(2) in subsection (e), by striking ``December 31, 2004''
and inserting ``December 31, 2006''.
(b) Conforming Amendments.--
(1) Subparagraph (C) of section 280F(a)(1) is amended by
adding at the end the following new clause
``(iii) Application of subparagraph.--This
subparagraph shall apply to property placed in
service after August 5, 1997, and before
January 1, 2007.''
(2) Subsection (b) of section 971 of the Taxpayer Relief
Act of 1997 is amended by striking ``and before January 1,
2005''.
(c) Effective Date.--The amendments made by this section shall take
effect on the date of the enactment of this Act.
SEC. 303. CREDIT FOR ELECTRICITY PRODUCED FROM RENEWABLE RESOURCES.
(a) In General.--Subparagraphs (A), (B), and (C) of section
45(c)(3) are each amended by striking ``2002'' and inserting ``2004''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect on the date of the enactment of this Act.
SEC. 304. WORK OPPORTUNITY CREDIT.
(a) In General.--Subparagraph (B) of section 51(c)(4) is amended by
striking ``2001'' and inserting ``2003''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply to individuals who begin work for the employer after December 31,
2001.
SEC. 305. WELFARE-TO-WORK CREDIT.
(a) In General.--Subsection (f) of section 51A is amended by
striking ``2001'' and inserting ``2003''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply to individuals who begin work for the employer after December 31,
2001.
SEC. 306. DEDUCTION FOR CLEAN-FUEL VEHICLES AND CERTAIN REFUELING
PROPERTY.
(a) In General.--Section 179A is amended--
(1) in subsection (b)(1)(B)--
(A) by striking ``December 31, 2001,'' and
inserting ``December 31, 2003,'', and
(B) in clauses (i), (ii), and (iii), by striking
``2002'', ``2003'', and ``2004'', respectively, and
inserting ``2004'', ``2005'', and ``2006'',
respectively, and
(2) in subsection (f), by striking ``December 31, 2004''
and inserting ``December 31, 2006''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect on the date of the enactment of this Act.
SEC. 307. TAXABLE INCOME LIMIT ON PERCENTAGE DEPLETION FOR OIL AND
NATURAL GAS PRODUCED FROM MARGINAL PROPERTIES.
(a) In General.--Subparagraph (H) of section 613A(c)(6) is amended
by striking ``2002'' and inserting ``2004''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply to taxable years beginning after December 31, 2001.
SEC. 308. QUALIFIED ZONE ACADEMY BONDS.
(a) In General.--Paragraph (1) of section 1397E(e) is amended by
striking ``2000, and 2001'' and inserting ``2000, 2001, 2002, and
2003''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on the date of the enactment of this Act.
SEC. 309. COVER OVER OF TAX ON DISTILLED SPIRITS.
(a) In General.--Paragraph (1) of section 7652(f) is amended by
striking ``January 1, 2002'' and inserting ``January 1, 2004''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on the date of the enactment of this Act.
SEC. 310. PARITY IN THE APPLICATION OF CERTAIN LIMITS TO MENTAL HEALTH
BENEFITS.
(a) In General.--Subsection (f) of section 9812, as amended by the
Departments of Labor, Health and Human Services, and Education, and
Related Agencies Appropriations Act, 2002, is amended to read as
follows:
``(f) Application of Section.--This section shall not apply to
benefits for services furnished--
``(1) on or after September 30, 2001, and before January 1,
2002, and
``(2) after December 31, 2003.''
(b) Effective Date.--The amendment made by subsection (a) shall
apply to plan years beginning after December 31, 2000.
SEC. 311. TEMPORARY SPECIAL RULES FOR TAXATION OF LIFE INSURANCE
COMPANIES.
(a) Reduction in Mutual Life Insurance Company Deductions Not To
Apply in Certain Years.--Section 809 (relating to reduction in certain
deductions of material life insurance companies) is amended by adding
at the end the following:
``(j) Differential Earnings Rate Treated as Zero for Certain
Years.--Notwithstanding subsection (c) or (f), the differential
earnings rate shall be treated as zero for purposes of computing both
the differential earnings amount and the recomputed differential
earnings amount for a mutual life insurance company's taxable years
beginning in 2001, 2002, or 2003.''
(b) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after December 31, 2000.
SEC. 312. AVAILABILITY OF MEDICAL SAVINGS ACCOUNTS.
(a) In General.--Paragraphs (2) and (3)(B) of section 220(i)
(defining cut-off year) are each amended by striking ``2002'' each
place it appears and inserting ``2003''.
(b) Conforming Amendments.--
(1) Paragraph (2) of section 220(j) is amended by striking
``1998, 1999, or 2001'' each place it appears and inserting
``1998, 1999, 2001, or 2002''.
(2) Subparagraph (A) of section 220(j)(4) is amended by
striking ``and 2001'' and inserting ``2001, and 2002''.
(c) Effective Date.--The amendments made by this section shall take
effect on the date of the enactment of this Act.
SEC. 313. INCENTIVES FOR INDIAN EMPLOYMENT AND PROPERTY ON INDIAN
RESERVATIONS.
(a) Employment.--Subsection (f) of section 45A is amended by
striking ``December 31, 2003'' and inserting ``December 31, 2004''.
(b) Property.--Paragraph (8) of section 168(j) is amended by
striking ``December 31, 2003'' and inserting ``December 31, 2004''.
SEC. 314. SUBPART F EXEMPTION FOR ACTIVE FINANCING.
(a) In General.--
(1) Section 953(e)(10) is amended--
(A) by striking ``January 1, 2002'' and inserting
``January 1, 2007'', and
(B) by striking ``December 31, 2001'' and inserting
``December 31, 2006''.
(2) Sec
2000
tion 954(h)(9) is amended by striking ``January 1,
2002'' and inserting ``January 1, 2007''.
(b) Life Insurance and Annuity Contracts.--
(1) In general.--Subparagraph (B) of section 954(i)(4) is
amended to read as follows:
``(B) Life insurance and annuity contracts.--
``(i) In general.--Except as provided in
clause (ii), the amount of the reserve of a
qualifying insurance company or qualifying
insurance company branch for any life insurance
or annuity contract shall be equal to the
greater of--
``(I) the net surrender value of
such contract (as defined in section
807(e)(1)(A)), or
``(II) the reserve determined under
paragraph (5).
``(ii) Ruling request, etc.--The amount of
the reserve under clause (i) shall be the
foreign statement reserve for the contract
(less any catastrophe, deficiency,
equalization, or similar reserves), if,
pursuant to a ruling request submitted by the
taxpayer or as provided in published guidance,
the Secretary determines that the factors taken
into account in determining the foreign
statement reserve provide an appropriate means
of measuring income.''
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2001.
SEC. 315. REPEAL OF REQUIREMENT FOR APPROVED DIESEL OR KEROSENE
TERMINALS.
(a) In General.--Subsection (e) of section 4101 is hereby repealed.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on January 1, 2002.
Subtitle B--Temporary Assistance for Needy Families
SEC. 321. REAUTHORIZATION OF TANF SUPPLEMENTAL GRANTS FOR POPULATION
INCREASES FOR FISCAL YEAR 2002.
Section 403(a)(3) of the Social Security Act (42 U.S.C. 603(a)(3))
is amended by adding at the end the following:
``(H) Reauthorization of grants for fiscal year
2002.--Notwithstanding any other provision of this
paragraph--
``(i) any State that was a qualifying State
under this paragraph for fiscal year 2001 or
any prior fiscal year shall be entitled to
receive from the Secretary for fiscal year 2002
a grant in an amount equal to the amount
required to be paid to the State under this
paragraph for the most recent fiscal year in
which the State was a qualifying State;
``(ii) subparagraph (G) shall be applied as
if `2002' were substituted for `2001'; and
``(iii) out of any money in the Treasury of
the United States not otherwise appropriated,
there are appropriated for fiscal year 2002
such sums as are necessary for grants under
this subparagraph.''.
SEC. 322. 1-YEAR EXTENSION OF CONTINGENCY FUND UNDER THE TANF PROGRAM.
Section 403(b) of the Social Security Act (42 U.S.C. 603(b)) is
amended--
(1) in paragraph (2), by striking ``and 2001'' and
inserting ``2001, and 2002''; and
(2) in paragraph (3)(C)(ii), by striking ``2001'' and
inserting ``2002''.
TITLE IV--TAX BENEFITS FOR AREA OF NEW YORK CITY DAMAGED IN TERRORIST
ATTACKS ON SEPTEMBER 11, 2001
SEC. 401. TAX BENEFITS FOR AREA OF NEW YORK CITY DAMAGED IN TERRORIST
ATTACKS ON SEPTEMBER 11, 2001.
(a) In General.--Chapter 1 is amended by adding at the end the
following new subchapter:
``Subchapter Y--New York Liberty Zone Benefits
``Sec. 1400L. Tax benefits for New York
Liberty Zone.
``SEC. 1400L. TAX BENEFITS FOR NEW YORK LIBERTY ZONE.
``(a) Special Allowance for Certain Property Acquired After
September 10, 2001.--
``(1) Additional allowance.--In the case of any qualified
New York Liberty Zone property--
``(A) the depreciation deduction provided by
section 167(a) for the taxable year in which such
property is placed in service shall include an
allowance equal to 30 percent of the adjusted basis of
such property, and
``(B) the adjusted basis of the qualified New York
Liberty Zone property shall be reduced by the amount of
such deduction before computing the amount otherwise
allowable as a depreciation deduction under this
chapter for such taxable year and any subsequent
taxable year.
``(2) Qualified new york liberty zone property.--For
purposes of this subsection--
``(A) In general.--The term `qualified New York
Liberty Zone property' means property--
``(i)(I) to which section 168 applies
(other than railroad grading and tunnel bores),
or
``(II) which is computer software (as
defined in section 167(f)(1)(B)) for which a
deduction is allowable under section 167(a)
without regard to this subsection,
``(ii) substantially all of the use of
which is in the New York Liberty Zone and is in
the active conduct of a trade or business by
the taxpayer in such Zone,
``(iii) the original use of which in the
New York Liberty Zone commences with the
taxpayer after September 10, 2001,
``(iv) which is acquired by the taxpayer by
purchase (as defined in section 179(d)) after
September 10, 2001, but only if no written
binding contract for the acquisition was in
effect before September 11, 2001, and
``(v) which is placed in service by the
taxpayer on or before the termination date.
The term `termination date' means December 31, 2006
(December 31, 2009, in the case of nonresidential real
property and residential rental property).
``(B) Exceptions.--
``(i) Alternative depreciation property.--
The term `qualified New York Liberty Zone
property' shall not include any property to
which the alternative depreciation system under
section 168(g) applies, determined--
``(I) without regard to paragraph
(7) of section 168(g) (relating to
election to have system apply), and
``(II) after application of section
280F(b) (relating to listed property
with limited business use).
``(ii) 30 percent additional allowance
property.--Such term shall not include property
2000
to which section 168(k) applies.
``(iii) Qualified leasehold improvement
property.--Such term shall not include any
qualified leasehold improvement property (as
defined in section 168(e)(6)).
``(iv) Election out.--If a taxpayer makes
an election under this clause with respect to
any class of property for any taxable year,
this subsection shall not apply to all property
in such class placed in service during such
taxable year.
``(C) Special rules.--
``(i) Self-constructed property.--In the
case of a taxpayer manufacturing, constructing,
or producing property for the taxpayer's own
use, the requirements of clause (iv) of
subparagraph (A) shall be treated as met if the
taxpayer begins manufacturing, constructing, or
producing the property after September 10,
2001, and before the termination date.
``(ii) Sale-leasebacks.--For purposes of
subparagraph (A)(iii), if property--
``(I) is originally placed in
service after September 10, 2001, by a
person, and
``(II) sold and leased back by such
person within 3 months after the date
such property was originally placed in
service,
such property shall be treated as originally
placed in service not earlier than the date on
which such property is used under the leaseback
referred to in subclause (II).
``(D) Allowance against alternative minimum tax.--
The deduction allowed by this subsection shall be
allowed in determining alternative minimum taxable
income under section 55.
``(b) 5-Year Recovery Period for Depreciation of Certain Leasehold
Improvements.--
``(1) In general.--For purposes of section 168, the term
`5-year property' includes any qualified New York Liberty Zone
leasehold improvement property.
``(2) Qualified new york liberty zone leasehold improvement
property.--For purposes of this section, the term `qualified
New York Liberty Zone leasehold improvement property' means
qualified leasehold improvement property (as defined in section
168(e)(6)) if--
``(A) such building is located in the New York
Liberty Zone,
``(B) such improvement is placed in service after
September 10, 2001, and before January 1, 2007, and
``(C) no written binding contract for such
improvement was in effect before September 11, 2001.
``(3) Requirement to use straight line method.--The
applicable depreciation method under section 168 shall be the
straight line method in the case of qualified New York Liberty
Zone leasehold improvement property.
``(4) 9-year recovery period under alternative system.--For
purposes of section 168(g), the class life of qualified New
York Liberty Zone leasehold improvement property shall be 9
years.
``(c) Increase in Expensing Under Section 179.--
``(1) In general.--For purposes of section 179--
``(A) the limitation under section 179(b)(1) shall
be increased by the lesser of--
``(i) $35,000, or
``(ii) the cost of section 179 property
which is qualified New York Liberty Zone
property placed in service during the taxable
year, and
``(B) the amount taken into account under section
179(b)(2) with respect to any section 179 property
which is qualified New York Liberty Zone property shall
be 50 percent of the cost thereof.
``(2) Recapture.--Rules similar to the rules under section
179(d)(10) shall apply with respect to any qualified New York
Liberty Zone property which ceases to be used in the New York
Liberty Zone.
``(d) Tax-Exempt Bond Financing.--
``(1) In general.--For purposes of this title, any
qualified New York Liberty Bond shall be treated as an exempt
facility bond.
``(2) Qualified new york liberty bond.--For purposes of
this subsection, the term `qualified New York Liberty Bond'
means any bond issued as part of an issue if--
``(A) 95 percent or more of the net proceeds (as
defined in section 150(a)(3)) of such issue are to be
used for qualified project costs,
``(B) such bond is issued by the State of New York
or any political subdivision thereof,
``(C) the Governor of New York designates such bond
for purposes of this section, and
``(D) such bond is issued during calendar year
2002, 2003, or 2004.
``(3) Limitation on amount of bonds designated.--
``(A) Aggregate amount designated.--The maximum
aggregate face amount of bonds which may be designated
under this subsection shall not exceed $15,000,000,000.
``(B) Specific limits.--For purposes of
subparagraph (A), the aggregate face amount of bonds
issued which are to be used for--
``(i) costs for property located outside
the New York Liberty Zone, shall not exceed
$7,000,000,000,
``(ii) costs for residential rental
property, shall not exceed $3,000,000,000, and
``(iii) costs for property used for retail
sales of tangible property, shall not exceed
$1,500,000,000.
``(C) Movable fixtures and equipment.--No bonds
shall be issued which are to be used for movable
fixtures and equipment.
``(4) Qualified project costs.--For purposes of this
subsection--
``(A) In general.--The term `qualified project
costs' means the cost of acquisition, construction,
reconstruction, and renovation of--
``(i) nonresidential real property and
residential rental property (including fixed
tenant improvements associated with such
property) located in the New York Liberty Zone,
and
``(ii) public utility property located in
the New York Liberty Zone.
``(B) Costs for certain property outside zone
included.--Such term includes the cost of acquisition,
construction, reconstruction, and renovation of
nonresidential real property (including fixed tenant
improvements associated with such property) located
outside the New York Liberty Zone but within the City
of New York, New York, if such property is part of a
project which consists of at least 100,000 square feet
of usable office or other commercia
2000
l space located in a
single building or multiple adjacent buildings.
``(5) Special rules.--In applying this title to any
qualified New York Liberty Bond, the following modifications
shall apply:
``(A) Section 146 (relating to volume cap) shall
not apply.
``(B) Section 147(c) (relating to limitation on use
for land acquisition) shall be determined by reference
to the aggregate authorized face amount of all
qualified New York Liberty Bonds rather than the net
proceeds of each issue.
``(C) Section 147(d) (relating to acquisition of
existing property not permitted) shall be applied by
substituting `50 percent' for `15 percent' each place
it appears.
``(D) Section 148(f)(4)(C) (relating to exception
from rebate for certain proceeds to be used to finance
construction expenditures) shall apply to available
construction proceeds of bonds issued under this
section.
``(E) Financing provided by such a bond shall not
be taken into account under section 168(g)(5)(A) with
respect to property substantially all of the use of
which is in the New York Liberty Zone and is in the
active conduct of a trade or business by the taxpayer
in such Zone.
``(F) Repayments of principal on financing provided
by the issue--
``(i) may not be used to provide financing,
and
``(ii) must be used not later than the
close of the 1st semiannual period beginning
after the date of the repayment to redeem bonds
which are part of such issue.
The requirement of clause (ii) shall be treated as met
with respect to amounts received within 10 years after
the date of issuance of the issue (or, in the case of
refunding bond, the date of issuance of the original
bond) if such amounts are used by the close of such 10
years to redeem bonds which are part of such issue.
``(G) Section 57(a)(5) shall not apply.
``(6) Separate issue treatment of portions of an issue.--
This subsection shall not apply to the portion of an issue
which (if issued as a separate issue) would be treated as a
qualified bond or as a bond that is not a private activity
bond, if the issuer elects to so treat such portion.
``(e) Extension of Replacement Period for Nonrecognition of Gain.--
Notwithstanding subsections (g) and (h) of section 1033, clause (i) of
section 1033(a)(2)(B) shall be applied by substituting `5 years' for `2
years' with respect to property which is compulsorily or involuntarily
converted as a result of the terrorist attacks on September 11, 2001,
in the New York Liberty Zone but only if substantially all of the use
of the replacement property is in the City of New York, New York.
``(f) New York Liberty Zone.--For purposes of this section, the
term `New York Liberty Zone' means the area located on or south of
Canal Street, East Broadway (east of its intersection with Canal
Street), or Grand Street (east of its intersection with East Broadway)
in the Borough of Manhattan in the City of New York, New York.''
(b) Clerical Amendment.--The table of subchapters for chapter 1 is
amended by adding at the end the following new item:
``Subchapter Y. New York Liberty Zone
Benefits.''
TITLE V--RELIEF PROVISIONS FOR VICTIMS OF TERRORIST ATTACKS,
PRESIDENTIALLY DECLARED DISASTERS, AND CERTAIN OTHER DISASTERS
Subtitle A--Relief Provisions for Victims of Terrorist Attacks
SEC. 501. INCOME TAXES OF VICTIMS OF TERRORIST ATTACKS.
(a) In General.--Section 692 (relating to income taxes of members
of Armed Forces on death) is amended by adding at the end the following
new subsection:
``(d) Individuals Dying as a Result of Certain Attacks.--
``(1) In general.--In the case of a specified terrorist
victim, any tax imposed by this chapter shall not apply--
``(A) with respect to the taxable year in which
falls the date of death, and
``(B) with respect to any prior taxable year in the
period beginning with the last taxable year ending
before the taxable year in which the wounds, injury, or
illness referred to in paragraph (3) were incurred.
``(2) $10,000 minimum benefit.--If, but for this paragraph,
the amount of tax not imposed by paragraph (1) with respect to
a specified terrorist victim is less than $10,000, then such
victim shall be treated as having made a payment against the
tax imposed by this chapter for such victim's last taxable year
in an amount equal to the excess of $10,000 over the amount of
tax not so imposed.
``(3) Taxation of certain benefits.--Subject to such rules
as the Secretary may prescribe, paragraph (1) shall not apply
to the amount of any tax imposed by this chapter which would be
computed by only taking into account the items of income, gain,
or other amounts attributable to--
``(A) deferred compensation which would have been
payable after death if the individual had died other
than as a specified terrorist victim, or
``(B) amounts payable in the taxable year which
would not have been payable in such taxable year but
for an action taken after September 11, 2001.
``(4) Specified terrorist victim.--For purposes of this
subsection, the term `specified terrorist victim' means any
decedent--
``(A) who dies as a result of wounds or injury
incurred as a result of the terrorist attacks against
the United States on April 19, 1995, or September 11,
2001, or
``(B) who dies as a result of illness incurred as a
result of an attack involving anthrax occurring on or
after September 11, 2001, and before January 1, 2002.
Such term shall not include any individual identified by the
Attorney General to have been a participant or conspirator in
any such attack or a representative of such an individual.''.
(b) Conforming Amendments.--
(1) Section 5(b)(1) is amended by inserting ``and victims
of certain terrorist attacks'' before ``on death''.
(2) Section 6013(f)(2)(B) is amended by inserting ``and
victims of certain terrorist attacks'' before ``on death''.
(c) Clerical Amendments.--
(1) The heading of section 692 is amended to read as
follows:
``SEC. 692. INCOME TAXES OF MEMBERS OF ARMED FORCES AND VICTIMS OF
CERTAIN TERRORIST ATTACKS ON DEATH.''.
(2) The item relating to section 692 in the table of
sections for part II of subchapter J of chapter 1 is amended to
read as follows:
``Sec. 692. Income taxes of members of
Armed Forces and victims of
certain terrorist attacks on
death.''.
(d) Effective Date; Waiver of Limitations.--
(1) Effective date.--The amendments made by this section
shall apply to taxable years ending before, on, or after
September 11, 2001.
(2) Waiver of limitations.-
2000
-If refund or credit of any
overpayment of tax resulting from the amendments made by this
section is prevented at any time before the close of the 1-year
period beginning on the date of the enactment of this Act by
the operation of any law or rule of law (including res
judicata), such refund or credit may nevertheless be made or
allowed if claim therefor is filed before the close of such
period.
SEC. 502. EXCLUSION OF CERTAIN DEATH BENEFITS.
(a) In General.--Section 101 (relating to certain death benefits)
is amended by adding at the end the following new subsection:
``(i) Certain Employee Death Benefits Payable by Reason of Death of
Certain Terrorist Victims.--
``(1) In general.--Gross income does not include amounts
(whether in a single sum or otherwise) paid by an employer by
reason of the death of an employee who is a specified terrorist
victim (as defined in section 692(d)(4)).
``(2) Limitation.--
``(A) In general.--Subject to such rules as the
Secretary may prescribe, paragraph (1) shall not apply
to amounts which would have been payable after death if
the individual had died other than as a specified
terrorist victim (as so defined).
``(B) Exception.--Subparagraph (A) shall not apply
to incidental death benefits paid from a plan described
in section 401(a) and exempt from tax under section
501(a).
``(3) Treatment of self-employed individuals.--For purposes
of paragraph (1), the term `employee' includes a self-employed
individual (as defined in section 401(c)(1)).''.
(b) Effective Date; Waiver of Limitations.--
(1) Effective date.--The amendment made by this section
shall apply to taxable years ending before, on, or after
September 11, 2001.
(2) Waiver of limitations.--If refund or credit of any
overpayment of tax resulting from the amendments made by this
section is prevented at any time before the close of the 1-year
period beginning on the date of the enactment of this Act by
the operation of any law or rule of law (including res
judicata), such refund or credit may nevertheless be made or
allowed if claim therefor is filed before the close of such
period.
SEC. 503. ESTATE TAX REDUCTION.
(a) In General.--Section 2201 is amended to read as follows:
``SEC. 2201. COMBAT ZONE-RELATED DEATHS OF MEMBERS OF THE ARMED FORCES
AND DEATHS OF VICTIMS OF CERTAIN TERRORIST ATTACKS.
``(a) In General.--Unless the executor elects not to have this
section apply, in applying sections 2001 and 2101 to the estate of a
qualified decedent, the rate schedule set forth in subsection (c) shall
be deemed to be the rate schedule set forth in section 2001(c).
``(b) Qualified Decedent.--For purposes of this section, the term
`qualified decedent' means--
``(1) any citizen or resident of the United States dying
while in active service of the Armed Forces of the United
States, if such decedent--
``(A) was killed in action while serving in a
combat zone, as determined under section 112(c), or
``(B) died as a result of wounds, disease, or
injury suffered while serving in a combat zone (as
determined under section 112(c)), and while in the line
of duty, by reason of a hazard to which such decedent
was subjected as an incident of such service, and
``(2) any specified terrorist victim (as defined in section
692(d)(4)).
``(c) Rate Schedule.--
``If the amount with respect to The tentative tax is:
which the tentative tax to
be computed is:
Not over $150,000..............
1 percent of the amount by
which such amount
exceeds $100,000.
Over $150,000 but not over
$200,000.
$500 plus 2 percent of the
excess over $150,000.
Over $200,000 but not over
$300,000.
$1,500 plus 3 percent of the
excess over $200,000.
Over $300,000 but not over
$500,000.
$4,500 plus 4 percent of the
excess over $300,000.
Over $500,000 but not over
$700,000.
$12,500 plus 5 percent of the
excess over $500,000.
Over $700,000 but not over
$900,000.
$22,500 plus 6 percent of the
excess over $700,000.
Over $900,000 but not over
$1,100,000.
$34,500 plus 7 percent of the
excess over $900,000.
Over $1,100,000 but not over
$1,600,000.
$48,500 plus 8 percent of the
excess over $1,100,000.
Over $1,600,000 but not over
$2,100,000.
$88,500 plus 9 percent of the
excess over $1,600,000.
Over $2,100,000 but not over
$2,600,000.
$133,500 plus 10 percent of the
excess over $2,100,000.
Over $2,600,000 but not over
$3,100,000.
$183,500 plus 11 percent of the
excess over $2,600,000.
Over $3,100,000 but not over
$3,600,000.
$238,500 plus 12 percent of the
excess over $3,100,000.
Over $3,600,000 but not over
$4,100,000.
$298,500 plus 13 percent of the
excess over $3,600,000.
Over $4,100,000 but not over
$5,100,000.
$363,500 plus 14 percent of the
excess over $4,100,000.
Over $5,100,000 but not over
$6,100,000.
$503,500 plus 15 percent of the
excess over $5,100,000.
Over $6,100,000 but not over
$7,100,000.
$653,500 plus 16 percent of the
excess over $6,100,000.
Over $7,100,000 but not over
$8,100,000.
$813,500 plus 17 percent of the
excess over $7,100,000.
Over $8,100,000 but not over
$9,100,000.
$983,500 plus 18 percent of the
excess over $8,100,000.
Over $9,100,000 but not over
$10,100,000.
$1,163,500 plus 19 percent of
the excess over
$9,100,000.
Over $10,100,000...............
$1,353,500 plus 20 percent of
the excess over
$10,100,000.
``(d) Determination of Unified Credit.--In the case of an estate to
which this section applies, subsection
2000
(a) shall not apply in
determining the credit under section 2010.''.
(b) Conforming Amendments.--
(1) Section 2011 is amended by striking subsection (d) and
by redesignating subsections (e), (f), and (g) as subsections
(d), (e), and (f), respectively.
(2) Section 2053(d)(3)(B) is amended by striking ``section
2011(e)'' and inserting ``section 2011(d)''.
(3) Paragraph (9) of section 532(c) of the Economic Growth
and Tax Relief Reconciliation Act of 2001 is repealed.
(c) Clerical Amendment.--The item relating to section 2201 in the
table of sections for subchapter C of chapter 11 is amended to read as
follows:
``Sec. 2201. Combat zone-related deaths
of members of the Armed Forces
and deaths of victims of
certain terrorist attacks.''.
(d) Effective Date; Waiver of Limitations.--
(1) Effective date.--The amendments made by this section
shall apply to estates of decedents--
(A) dying on or after September 11, 2001, and
(B) in the case of individuals dying as a result of
the April 19, 1995, terrorist attack, dying on or after
April 19, 1995.
(2) Waiver of limitations.--If refund or credit of any
overpayment of tax resulting from the amendments made by this
section is prevented at any time before the close of the 1-year
period beginning on the date of the enactment of this Act by
the operation of any law or rule of law (including res
judicata), such refund or credit may nevertheless be made or
allowed if claim therefor is filed before the close of such
period.
SEC. 504. PAYMENTS BY CHARITABLE ORGANIZATIONS TREATED AS EXEMPT
PAYMENTS.
(a) In General.--For purposes of the Internal Revenue Code of
1986--
(1) payments made by an organization described in section
501(c)(3) of such Code by reason of the death, injury,
wounding, or illness of an individual incurred as the result of
the terrorist attacks against the United States on September
11, 2001, or an attack involving anthrax occurring on or after
September 11, 2001, and before January 1, 2002, shall be
treated as related to the purpose or function constituting the
basis for such organization's exemption under section 501 of
such Code if such payments are made in good faith using a
reasonable and objective formula which is consistently applied,
and
(2) in the case of a private foundation (as defined in
section 509 of such Code), any payment described in paragraph
(1) shall not be treated as made to a disqualified person for
purposes of section 4941 of such Code.
(b) Effective Date.--This section shall apply to payments made on
or after September 11, 2001.
SEC. 505. EXCLUSION OF CERTAIN CANCELLATIONS OF INDEBTEDNESS.
(a) In General.--For purposes of the Internal Revenue Code of
1986--
(1) gross income shall not include any amount which (but
for this section) would be includible in gross income by reason
of the discharge (in whole or in part) of indebtedness of any
taxpayer if the discharge is by reason of the death of an
individual incurred as the result of the terrorist attacks
against the United States on September 11, 2001, or as the
result of illness incurred as a result of an attack involving
anthrax occurring on or after September 11, 2001, and before
January 1, 2002, and
(2) return requirements under section 6050P of such Code
shall not apply to any discharge described in paragraph (1).
(b) Effective Date.--This section shall apply to discharges made on
or after September 11, 2001, and before January 1, 2002.
Subtitle B--Other Relief Provisions
SEC. 511. EXCLUSION FOR DISASTER RELIEF PAYMENTS.
(a) In General.--Part III of subchapter B of chapter 1 (relating to
items specifically excluded from gross income) is amended by
redesignating section 139 as section 140 and inserting after section
138 the following new section:
``SEC. 139. DISASTER RELIEF PAYMENTS.
``(a) General Rule.--Gross income shall not include any amount
received by an individual as a qualified disaster relief payment.
``(b) Qualified Disaster Relief Payment Defined.--For purposes of
this section, the term `qualified disaster relief payment' means any
amount paid to or for the benefit of an individual--
``(1) to reimburse or pay reasonable and necessary
personal, family, living, or funeral expenses incurred as a
result of a qualified disaster,
``(2) to reimburse or pay reasonable and necessary expenses
incurred for the repair or rehabilitation of a personal
residence or repair or replacement of its contents to the
extent that the need for such repair, rehabilitation, or
replacement is attributable to a qualified disaster,
``(3) by a person engaged in the furnishing or sale of
transportation as a common carrier by reason of the death or
personal physical injuries incurred as a result of a qualified
disaster, or
``(4) if such amount is paid by a Federal, State, or local
government, or agency or instrumentality thereof, in connection
with a qualified disaster in order to promote the general
welfare,
but only to the extent any expense compensated by such payment is not
otherwise compensated for by insurance or otherwise.
``(c) Qualified Disaster Defined.--For purposes of this section,
the term `qualified disaster' means--
``(1) a disaster which results from a terroristic or
military action (as defined in section 692(c)(2)),
``(2) a Presidentially declared disaster (as defined in
section 1033(h)(3)),
``(3) a disaster which results from an accident involving a
common carrier, or from any other event, which is determined by
the Secretary to be of a catastrophic nature, or
``(4) with respect to amounts described in subsection
(b)(4), a disaster which is determined by an applicable
Federal, State, or local authority (as determined by the
Secretary) to warrant assistance from the Federal, State, or
local government or agency or instrumentality thereof.
``(d) Coordination With Employment Taxes.--For purposes of chapter
2 and subtitle C, a qualified disaster relief payment shall not be
treated as net earnings from self-employment, wages, or compensation
subject to tax.
``(e) No Relief for Certain Individuals.--Subsections (a) and (f)
shall not apply with respect to any individual identified by the
Attorney General to have been a participant or conspirator in a
terroristic action (as so defined), or a representative of such
individual.
``(f) Exclusion of Certain Additional Payments.--Gross income shall
not include any amount received as payment under section 406 of the Air
Transportation Safety and System Stabilization Act.''
(b) Conforming Amendments.--The table of sections for part III of
subchapter B of chapter 1 is amended by striking the item relating to
section 139 and inserting the following new items:
``Sec. 139. Disaster relief payments.
``Sec. 140. Cross references to other
Acts.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years ending on or after September 11, 2001.
SEC. 512. AUTHORITY TO POSTPONE CERTAIN DEADLINES AND REQUIRED ACTIONS.
(a) Expansion of Authority Relating to Disasters and Terroristic or
Military Actions.--Section 7508A is amended to re
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ad as follows:
``SEC. 7508A. AUTHORITY TO POSTPONE CERTAIN DEADLINES BY REASON OF
PRESIDENTIALLY DECLARED DISASTER OR TERRORISTIC OR
MILITARY ACTIONS.
``(a) In General.--In the case of a taxpayer determined by the
Secretary to be affected by a Presidentially declared disaster (as
defined in section 1033(h)(3)) or a terroristic or military action (as
defined in section 692(c)(2)), the Secretary may specify a period of up
to one year that may be disregarded in determining, under the internal
revenue laws, in respect of any tax liability of such taxpayer--
``(1) whether any of the acts described in paragraph (1) of
section 7508(a) were performed within the time prescribed
therefor (determined without regard to extension under any
other provision of this subtitle for periods after the date
(determined by the Secretary) of such disaster or action),
``(2) the amount of any interest, penalty, additional
amount, or addition to the tax for periods after such date, and
``(3) the amount of any credit or refund.
``(b) Special Rules Regarding Pensions, Etc.--In the case of a
pension or other employee benefit plan, or any sponsor, administrator,
participant, beneficiary, or other person with respect to such plan,
affected by a disaster or action described in subsection (a), the
Secretary may specify a period of up to one year which may be
disregarded in determining the date by which any action is required or
permitted to be completed under this title. No plan shall be treated as
failing to be operated in accordance with the terms of the plan solely
as the result of disregarding any period by reason of the preceding
sentence.
``(c) Special Rules for Overpayments.--The rules of section 7508(b)
shall apply for purposes of this section.''.
(b) Clarification of Scope of Acts Secretary May Postpone.--Section
7508(a)(1)(K) (relating to time to be disregarded) is amended by
striking ``in regulations prescribed under this section''.
(c) Conforming Amendments to ERISA.--
(1) Part 5 of subtitle B of title I of the Employee
Retirement Income Security Act of 1974 (29 U.S.C. 1131 et seq.)
is amended by adding at the end the following new section:
``SEC. 518. AUTHORITY TO POSTPONE CERTAIN DEADLINES BY REASON OF
PRESIDENTIALLY DECLARED DISASTER OR TERRORISTIC OR
MILITARY ACTIONS.
``In the case of a pension or other employee benefit plan, or any
sponsor, administrator, participant, beneficiary, or other person with
respect to such plan, affected by a Presidentially declared disaster
(as defined in section 1033(h)(3) of the Internal Revenue Code of 1986)
or a terroristic or military action (as defined in section 692(c)(2) of
such Code), the Secretary may, notwithstanding any other provision of
law, prescribe, by notice or otherwise, a period of up to one year
which may be disregarded in determining the date by which any action is
required or permitted to be completed under this Act. No plan shall be
treated as failing to be operated in accordance with the terms of the
plan solely as the result of disregarding any period by reason of the
preceding sentence.''.
(2) Section 4002 of Employee Retirement Income Security Act
of 1974 (29 U.S.C. 1302) is amended by adding at the end the
following new subsection:
``(i) Special Rules Regarding Disasters, Etc.--In the case of a
pension or other employee benefit plan, or any sponsor, administrator,
participant, beneficiary, or other person with respect to such plan,
affected by a Presidentially declared disaster (as defined in section
1033(h)(3) of the Internal Revenue Code of 1986) or a terroristic or
military action (as defined in section 692(c)(2) of such Code), the
corporation may, notwithstanding any other provision of law, prescribe,
by notice or otherwise, a period of up to one year which may be
disregarded in determining the date by which any action is required or
permitted to be completed under this Act. No plan shall be treated as
failing to be operated in accordance with the terms of the plan solely
as the result of disregarding any period by reason of the preceding
sentence.''.
(d) Additional Conforming Amendments.--
(1) Section 6404 is amended--
(A) by striking subsection (h),
(B) by redesignating subsection (i) as subsection
(h), and
(C) by adding at the end the following new
subsection:
``(i) Cross Reference.--
``For authority to suspend running of
interest, etc. by reason of Presidentially declared disaster or
terroristic or military action, see section 7508A.''.
(2) Section 6081(c) is amended to read as follows:
``(c) Cross References.--
``For time for performing certain acts
postponed by reason of war, see section 7508, and by reason of
Presidentially declared disaster or terroristic or military action, see
section 7508A.''.
(3) Section 6161(d) is amended by adding at the end the
following new paragraph:
``(3) Postponement of certain acts.--
``For time for performing certain acts
postponed by reason of war, see section 7508, and by reason of
Presidentially declared disaster or terroristic or military action, see
section 7508A.''.
(d) Clerical Amendments.--
(1) The item relating to section 7508A in the table of
sections for chapter 77 is amended to read as follows:
``Sec. 7508A. Authority to postpone
certain deadlines by reason of
Presidentially declared
disaster or terroristic or
military actions.''.
(2) The table of contents for the Employee Retirement
Income Security Act of 1974 is amended by inserting after the
item relating to section 517 the following new item:
``Sec. 518. Authority to postpone certain
deadlines by reason of
Presidentially declared
disaster or terroristic or
military actions.''.
(e) Effective Date.--The amendments made by this section shall
apply to disasters and terroristic or military actions occurring on or
after September 11, 2001, with respect to any action of the Secretary
of the Treasury, the Secretary of Labor, or the Pension Benefit
Guaranty Corporation occurring on or after the date of the enactment of
this Act.
SEC. 513. APPLICATION OF CERTAIN PROVISIONS TO TERRORISTIC OR MILITARY
ACTIONS.
(a) Disability Income.--Section 104(a)(5) (relating to compensation
for injuries or sickness) is amended by striking ``a violent attack''
and all that follows through the period and inserting ``a terroristic
or military action (as defined in section 692(c)(2)).''.
(b) Exemption From Income Tax for Certain Military or Civilian
Employees.--Section 692(c) is amended--
(1) by striking ``outside the United States'' in paragraph
(1), and
(2) by striking ``Sustained Overseas'' in the heading.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years ending on or after September 11, 2001.
SEC. 514. CLARIFICATION OF DUE DATE FOR AIRLINE EXCISE TAX DEPOSITS.
(a) In General.--Paragraph (3) of section 301(a) of the Air
Transportation Safety and System Stabilization Act (Public Law 107-42)
is amended to read as follows:
``(3) Airline-related deposit.--For purposes of this
subsection, the term `airline-related deposit' means any
deposit of taxes imposed by subchapter C of chapter 33 of such
C
2000
ode (relating to transportation by air).''.
(b) Effective Date.--The amendment made by this section shall take
effect as if included in section 301 of the Air Transportation Safety
and System Stabilization Act (Public Law 107-42).
SEC. 515. TREATMENT OF CERTAIN STRUCTURED SETTLEMENT PAYMENTS.
(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
``(B) is issued--
``(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
law 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 the Commonwealth of
Puerto Rico and any possession of the United States.
``(d) Coordination With Other Provisions.--
``(1) In general.--If the applicable requirements of
sections 72, 104(a)(1), 104(a)(2), 130, and 461(h) were
satisfied at the time the structured settlement involving
2000
structured settlement payment rights 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 Amendment.--The table of chapters for subtitle E is
amended by adding at the end the following new item:
``Chapter 55. Structured settlement
factoring transactions.''.
(c) Effective Dates.--
(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 so added)) 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 structured settlement
factoring transactions (as defined in section 5891(c) of such
Code (as so added)) 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.
SEC. 516. PERSONAL EXEMPTION DEDUCTION FOR CERTAIN DISABILITY TRUSTS.
(a) In General.--Subsection (b) of section 642 (relating to
deduction for personal exemption) is amended to read as follows:
``(b) Deduction for Personal Exemption.--
``(1) Estates.--An estate shall be allowed a deduction of
$600.
``(2) Trusts.--
``(A) In general.--Except as otherwise provided in
this paragraph, a trust shall be allowed a deduction of
$100.
``(B) Trusts distributing income currently.--A
trust which, under its governing instrument, is
required to distribute all of its income currently
shall be allowed a deduction of $300.
``(C) Disability trusts.--
``(i) In general.--A qualified disability
trust shall be allowed a deduction equal to the
exemption amount under section 151(d),
determined--
``(I) by treating such trust as an
individual described in section
151(d)(3)(C)(iii), and
``(II) by applying section 67(e)
(without the reference to section
642(b)) for purposes of determining the
adjusted gross income of the trust.
``(ii) Qualified disability trust.--For
purposes of clause (i), the term `qualified
disability trust' means any trust if--
``(I) such trust is a disability
trust described in subsection
(c)(2)(B)(iv) of section 1917 of the
Social Security Act (42 U.S.C. 1396p),
and
``(II) all of the beneficiaries of
the trust as of the close of the
taxable year are determined by the
Commissioner of Social Security to have
been disabled (within the meaning of
section 1614(a)(3) of the Social
Security Act, 42 U.S.C. 1382c(a)(3))
for some portion of such year.
A trust shall not fail to meet the requirements
of subclause (II) merely because the corpus of
the trust may revert to a person who is not so
disabled after the trust ceases to have any
beneficiary who is so disabled.''
``(3) Deductions in lieu of personal exemption.--The
deductions allowed by this subsection shall be in lieu of the
deductions allowed under section 151 (relating to deduction for
personal exemption).''.
(b) Effective Date.--The amendment made by this section shall apply
to taxable years ending on or after September 11, 2001.
SEC. 517. DISCLOSURE OF TAX INFORMATION IN TERRORISM AND NATIONAL
SECURITY INVESTIGATIONS.
(a) Disclosure Without a Request of Information Relating to
Terrorist Activities, Etc.--Paragraph (3) of section 6103(i) (relating
to disclosure of return information to apprise appropriate officials of
criminal activities or emergency circumstances) is amended by adding at
the end the following new subparagraph:
``(C) Terrorist activities, etc.--
``(i) In general.--Except as provided in
paragraph (6), the Secretary may disclose in
writing return information (other than taxpayer
return information) that may be related to a
terrorist incident, threat, or activity to the
extent necessary to apprise the head of the
appropriate Federal law enforcement agency
r
2000
esponsible for investigating or responding to
such terrorist incident, threat, or activity.
The head of the agency may disclose such return
information to officers and employees of such
agency to the extent necessary to investigate
or respond to such terrorist incident, threat,
or activity.
``(ii) Disclosure to the department of
justice.--Returns and taxpayer return
information may also be disclosed to the
Attorney General under clause (i) to the extent
necessary for, and solely for use in preparing,
an application under paragraph (7)(D).
``(iii) Taxpayer identity.--For purposes of
this subparagraph, a taxpayer's identity shall
not be treated as taxpayer return information.
``(iv) Termination.--No disclosure may be
made under this subparagraph after December 31,
2003.''.
(b) Disclosure Upon Request of Information Relating to Terrorist
Activities, Etc.--Subsection (i) of section 6103 (relating to
disclosure to Federal officers or employees for administration of
Federal laws not relating to tax administration) is amended by
redesignating paragraph (7) as paragraph (8) and by inserting after
paragraph (6) the following new paragraph:
``(7) Disclosure upon request of information relating to
terrorist activities, etc.--
``(A) Disclosure to law enforcement agencies.--
``(i) In general.--Except as provided in
paragraph (6), upon receipt by the Secretary of
a written request which meets the requirements
of clause (iii), the Secretary may disclose
return information (other than taxpayer return
information) to officers and employees of any
Federal law enforcement agency who are
personally and directly engaged in the response
to or investigation of any terrorist incident,
threat, or activity.
``(ii) Disclosure to state and local law
enforcement agencies.--The head of any Federal
law enforcement agency may disclose return
information obtained under clause (i) to
officers and employees of any State or local
law enforcement agency but only if such agency
is part of a team with the Federal law
enforcement agency in such response or
investigation and such information is disclosed
only to officers and employees who are
personally and directly engaged in such
response or investigation.
``(iii) Requirements.--A request meets the
requirements of this clause if--
``(I) the request is made by the
head of any Federal law enforcement
agency (or his delegate) involved in
the response to or investigation of any
terrorist incident, threat, or
activity, and
``(II) the request sets forth the
specific reason or reasons why such
disclosure may be relevant to a
terrorist incident, threat, or
activity.
``(iv) Limitation on use of information.--
Information disclosed under this subparagraph
shall be solely for the use of the officers and
employees to whom such information is disclosed
in such response or investigation.
``(B) Disclosure to intelligence agencies.--
``(i) In general.--Except as provided in
paragraph (6), upon receipt by the Secretary of
a written request which meets the requirements
of clause (ii), the Secretary may disclose
return information (other than taxpayer return
information) to those officers and employees of
the Department of Justice, the Department of
the Treasury, and other Federal intelligence
agencies who are personally and directly
engaged in the collection or analysis of
intelligence and counterintelligence
information or investigation concerning any
terrorist incident, threat, or activity. For
purposes of the preceding sentence, the
information disclosed under the preceding
sentence shall be solely for the use of such
officers and employees in such investigation,
collection, or analysis.
``(ii) Requirements.--A request meets the
requirements of this subparagraph if the
request--
``(I) is made by an individual
described in clause (iii), and
``(II) sets forth the specific
reason or reasons why such disclosure
may be relevant to a terrorist
incident, threat, or activity.
``(iii) Requesting individuals.--An
individual described in this subparagraph is an
individual--
``(I) who is an officer or employee
of the Department of Justice or the
Department of the Treasury who is
appointed by the President with the
advice and consent of the Senate or who
is the Director of the United States
Secret Service, and
``(II) who is responsible for the
collection and analysis of intelligence
and counterintelligence information
concerning any terrorist incident,
threat, or activity.
``(iv) Taxpayer identity.--For purposes of
this subparagraph, a taxpayer's identity shall
not be treated as taxpayer return information.
``(C) Disclosure under ex parte orders.--
``(i) In general.--Except as provided in
paragraph (6), any return or return information
with respect to any specified taxable period or
periods shall, pursuant to and upon the grant
of an ex parte order by a Federal district
court judge or magistrate under clause (ii), be
open (but only to the extent necessary as
provided in such order) to inspection by, or
disclosure to, officers and employees
2000
of any
Federal law enforcement agency or Federal
intelligence agency who are personally and
directly engaged in any investigation, response
to, or analysis of intelligence and
counterintelligence information concerning any
terrorist incident, threat, or activity. Return
or return information opened to inspection or
disclosure pursuant to the preceding sentence
shall be solely for the use of such officers
and employees in the investigation, response,
or analysis, and in any judicial,
administrative, or grand jury proceedings,
pertaining to such terrorist incident, threat,
or activity.
``(ii) Application for order.--The Attorney
General, the Deputy Attorney General, the
Associate Attorney General, any Assistant
Attorney General, or any United States attorney
may authorize an application to a Federal
district court judge or magistrate for the
order referred to in clause (i). Upon such
application, such judge or magistrate may grant
such order if he determines on the basis of the
facts submitted by the applicant that--
``(I) there is reasonable cause to
believe, based upon information
believed to be reliable, that the
return or return information may be
relevant to a matter relating to such
terrorist incident, threat, or
activity, and
``(II) the return or return
information is sought exclusively for
use in a Federal investigation,
analysis, or proceeding concerning any
terrorist incident, threat, or
activity.
``(D) Special rule for ex parte disclosure by the
irs.--
``(i) In general.--Except as provided in
paragraph (6), the Secretary may authorize an
application to a Federal district court judge
or magistrate for the order referred to in
subparagraph (C)(i). Upon such application,
such judge or magistrate may grant such order
if he determines on the basis of the facts
submitted by the applicant that the
requirements of subparagraph (C)(ii)(I) are
met.
``(ii) Limitation on use of information.--
Information disclosed under clause (i)--
``(I) may be disclosed only to the
extent necessary to apprise the head of
the appropriate Federal law enforcement
agency responsible for investigating or
responding to a terrorist incident,
threat, or activity, and
``(II) shall be solely for use in a
Federal investigation, analysis, or
proceeding concerning any terrorist
incident, threat, or activity.
The head of such Federal agency may disclose
such information to officers and employees of
such agency to the extent necessary to
investigate or respond to such terrorist
incident, threat, or activity.
``(E) Termination.--No disclosure may be made under
this paragraph after December 31, 2003.''.
(c) Conforming Amendments.--
(1) Section 6103(a)(2) is amended by inserting ``any local
law enforcement agency receiving information under subsection
(i)(7)(A),'' after ``State,''.
(2) Section 6103(b) is amended by adding at the end the
following new paragraph:
``(11) Terrorist incident, threat, or activity.--The term
`terrorist incident, threat, or activity' means an incident,
threat, or activity involving an act of domestic terrorism (as
defined in section 2331(5) of title 18, United States Code) or
international terrorism (as defined in section 2331(1) of such
title).''.
(3) The heading of section 6103(i)(3) is amended by
inserting ``or terrorist'' after ``criminal''.
(4) Paragraph (4) of section 6103(i) is amended--
(A) in subparagraph (A) by inserting ``or (7)(C)''
after ``paragraph (1)'', and
(B) in subparagraph (B) by striking ``or (3)(A)''
and inserting ``(3)(A) or (C), or (7)''.
(5) Paragraph (6) of section 6103(i) is amended--
(A) by striking ``(3)(A)'' and inserting ``(3)(A)
or (C)'', and
(B) by striking ``or (7)'' and inserting ``(7), or
(8)''.
(6) Section 6103(p)(3) is amended--
(A) in subparagraph (A) by striking ``(7)(A)(ii)''
and inserting ``(8)(A)(ii)'', and
(B) in subparagraph (C) by striking
``(i)(3)(B)(i)'' and inserting ``(i)(3)(B)(i) or
(7)(A)(ii)''.
(7) Section 6103(p)(4) is amended--
(A) in the matter preceding subparagraph (A)--
(i) by striking ``or (5),'' the first place
it appears and inserting ``(5), or (7),'', and
(ii) by striking ``(i)(3)(B)(i),'' and
inserting ``(i)(3)(B)(i) or (7)(A)(ii),'', and
(B) in subparagraph (F)(ii) by striking ``or (5),''
the first place it appears and inserting ``(5) or
(7),''.
(8) Section 6103(p)(6)(B)(i) is amended by striking
``(i)(7)(A)(ii)'' and inserting ``(i)(8)(A)(ii)''.
(9) Section 6105(b) is amended--
(A) by striking ``or'' at the end of paragraph (2),
(B) by striking ``paragraphs (1) or (2)'' in
paragraph (3) and inserting ``paragraph (1), (2), or
(3)'',
(C) by redesignating paragraph (3) as paragraph
(4), and
(D) by inserting after paragraph (2) the following
new paragraph:
``(3) to the disclosure of tax convention information on
the same terms as return information may be disclosed under
paragraph (3)(C) or (7) of section 6103(i), except that in the
case of tax convention information provided by a foreign
government, no disclosure may be made under this paragraph
without the written consent of the foreign government, or''.
(10) Section 7213(a)(2) is amended by striking
``(i)(3)(B)(i),'' and inserting ``(i)(3)(B)(i) or
(7)(A)(ii),''.
(d) Effective Date.--The amendments made by this section shall
apply to disclosures made on or after the date of the enactment of this
Act.
TITLE VI--MISCELLANEOUS AND TECHNICAL PROVISIONS
Subtitle A--General Miscellaneous Provisions
SEC. 601. ALL
2000
OWANCE OF ELECTRONIC 1099'S.
Any person required to furnish a statement under any section of
subpart B of part III of subchapter A of chapter 61 of the Internal
Revenue Code of 1986 for any taxable year ending after the date of the
enactment of this Act, may electronically furnish such statement
(without regard to any first class mailing requirement) to any
recipient who has consented to the electronic provision of the
statement in a manner similar to the one permitted under regulations
issued under section 6051 of such Code or in such other manner as
provided by the Secretary.
SEC. 602. EXCLUDED CANCELLATION OF INDEBTEDNESS INCOME OF S CORPORATION
NOT TO RESULT IN ADJUSTMENT TO BASIS OF STOCK OF
SHAREHOLDERS.
(a) In General.--Subparagraph (A) of section 108(d)(7) (relating to
certain provisions to be applied at corporate level) is amended by
inserting before the period ``, including by not taking into account
under section 1366(a) any amount excluded under subsection (a) of this
section''.
(b) Effective Date.--
(1) In general.--Except as provided in paragraph (2), the
amendment made by this section shall apply to discharges of
indebtedness after October 11, 2001, in taxable years ending
after such date.
(2) Exception.--The amendment made by this section shall
not apply to any discharge of indebtedness before March 1,
2002, pursuant to a plan of reorganization filed with a
bankruptcy court on or before October 11, 2001.
SEC. 603. LIMITATION ON USE OF NONACCRUAL EXPERIENCE METHOD OF
ACCOUNTING.
(a) In General.--Paragraph (5) of section 448(d) is amended to read
as follows:
``(5) Special rule for certain services.--
``(A) In general.--In the case of any person using
an accrual method of accounting with respect to amounts
to be received for the performance of services by such
person, such person shall not be required to accrue any
portion of such amounts which (on the basis of such
person's experience) will not be collected if--
``(i) such services are in fields referred
to in paragraph (2)(A), or
``(ii) such person meets the gross receipts
test of subsection (c) for all prior taxable
years.
``(B) Exception.--This paragraph shall not apply to
any amount if interest is required to be paid on such
amount or there is any penalty for failure to timely
pay such amount.
``(C) Regulations.--The Secretary shall prescribe
regulations to permit taxpayers to determine amounts
referred to in subparagraph (A) using computations or
formulas which, based on experience, accurately reflect
the amount of income that will not be collected by such
person. A taxpayer may adopt, or request consent of the
Secretary to change to, a computation or formula that
clearly reflects the taxpayer's experience. A request
under the preceding sentence shall be approved if such
computation or formula clearly reflects the taxpayer's
experience.''.
(b) Effective Date.--
(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 of 4 years (or if less, the
number of taxable years that the taxpayer used the
method permitted under section 448(d)(5) of such Code
as in effect before the date of the enactment of this
Act) beginning with such first taxable year.
SEC. 604. EXCLUSION FOR FOSTER CARE PAYMENTS TO APPLY TO PAYMENTS BY
QUALIFIED PLACEMENT AGENCIES.
(a) In General.--The matter preceding subparagraph (B) of section
131(b)(1) (defining qualified foster care payment) is amended to read
as follows:
``(1) In general.--The term `qualified foster care payment'
means any payment made pursuant to a foster care program of a
State or political subdivision thereof--
``(A) which is paid by--
``(i) a State or political subdivision
thereof, or
``(ii) a qualified foster care placement
agency, and''.
(b) Qualified Foster Individuals To Include Individuals Placed by
Qualified Placement Agencies.--Subparagraph (B) of section 131(b)(2)
(defining qualified foster individual) is amended to read as follows:
``(B) a qualified foster care placement agency.''
(c) Qualified Foster Care Placement Agency Defined.--Subsection (b)
of section 131 is amended by redesignating paragraph (3) as paragraph
(4) and by inserting after paragraph (2) the following new paragraph:
``(3) Qualified foster care placement agency.--The term
`qualified foster care placement agency' means any placement
agency which is licensed or certified by--
``(A) a State or political subdivision thereof, or
``(B) an entity designated by a State or political
subdivision thereof,
for the foster care program of such State or political
subdivision to make foster care payments to providers of foster
care.''
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2001.
SEC. 605. INTEREST RATE RANGE FOR ADDITIONAL FUNDING REQUIREMENTS.
(a) Amendments to the Internal Revenue Code of 1986.--
(1) Special rule.--Clause (i) of section 412(l)(7)(C)
(relating to interest rate) is amended by adding at the end the
following new subclause:
``(III) Special rule for 2002 and
2003.--For a plan year beginning in
2002 or 2003, notwithstanding subclause
(I), in the case that the rate of
interest used under subsection (b)(5)
exceeds the highest rate permitted
under subclause (I), the rate of
interest used to determine current
liability under this subsection may
exceed the rate of interest otherwise
permitted under subclause (I); except
that such rate of interest shall not
exceed 120 percent of the weighted
average referred to in subsection
(b)(5)(B)(ii).''
(2) Quarterly contributions.--Subsection (m) of section 412
is amended by adding at the end the following new paragraph:
``(7) Special rules for 2002 and 2004.--In any case in
which the interest
2000
rate used to determine current liability is
determined under subsection (l)(7)(C)(i)(III)--
``(A) 2002.--For purposes of applying paragraphs
(1) and (4)(B)(ii) for plan years beginning in 2002,
the current liability for the preceding plan year shall
be redetermined using 120 percent as the specified
percentage determined under subsection
(l)(7)(C)(i)(II).
``(B) 2004.--For purposes of applying paragraphs
(1) and (4)(B)(ii) for plan years beginning in 2004,
the current liability for the preceding plan year shall
be redetermined using 105 percent as the specified
percentage determined under subsection
(l)(7)(C)(i)(II).''
(b) Amendments to the Employee Retirement Income Security Act of
1974.--
(1) Special rule.--Clause (i) of section 302(d)(7)(C) of
such Act (29 U.S.C. 1082(d)(7)(C)) is amended by adding at the
end the following new subclause:
``(III) Special rule for 2002 and
2003.--For a plan year beginning in
2002 or 2003, notwithstanding subclause
(I), in the case that the rate of
interest used under subsection (b)(5)
exceeds the highest rate permitted
under subclause (I), the rate of
interest used to determine current
liability under this subsection may
exceed the rate of interest otherwise
permitted under subclause (I); except
that such rate of interest shall not
exceed 120 percent of the weighted
average referred to in subsection
(b)(5)(B)(ii).''
(2) Quarterly contributions.--Subsection (e) of section 302
of such Act (29 U.S.C. 1082) is amended by adding at the end
the following new paragraph:
``(7) Special rules for 2002 and 2004.--In any case in
which the interest rate used to determine current liability is
determined under subsection (d)(7)(C)(i)(III)--
``(A) 2002.--For purposes of applying paragraphs
(1) and (4)(B)(ii) for plan years beginning in 2002,
the current liability for the preceding plan year shall
be redetermined using 120 percent as the specified
percentage determined under subsection
(d)(7)(C)(i)(II).
``(B) 2004.--For purposes of applying paragraphs
(1) and (4)(B)(ii) for plan years beginning in 2004,
the current liability for the preceding plan year shall
be redetermined using 105 percent as the specified
percentage determined under subsection
(d)(7)(C)(i)(II).''
(c) PBGC.--Clause (iii) of section 4006(a)(3)(E) of the Employee
Retirement Income Security Act of 1974 (29 U.S.C. 1306(a)(3)(E)) is
amended by adding at the end the following new subclause:
``(IV) In the case of plan years beginning after December 31, 2001,
and before January 1, 2004, subclause (II) shall be applied by
substituting `100 percent' for `85 percent'. Subclause (III) shall be
applied for such years without regard to the preceding sentence. Any
reference to this clause by any other sections or subsections shall be
treated as a reference to this clause without regard to this
subclause.''
SEC. 606. ADJUSTED GROSS INCOME DETERMINED BY TAKING INTO ACCOUNT
CERTAIN EXPENSES OF ELEMENTARY AND SECONDARY SCHOOL
TEACHERS.
(a) In General.--Section 62(a)(2) (relating to certain trade and
business deductions of employees) is amended by adding at the end the
following:
``(D) Certain expenses of elementary and secondary
school teachers.--In the case of taxable years
beginning during 2002 or 2003, the deductions allowed
by section 162 which consist of expenses, not in excess
of $250, paid or incurred by an eligible educator in
connection with books, supplies (other than nonathletic
supplies for courses of instruction in health or
physical education), computer equipment (including
related software and services) and other equipment, and
supplementary materials used by the eligible educator
in the classroom.''.
(b) Eligible Educator.--Section 62 is amended by adding at the end
the following:
``(d) Definition; Special Rules.--
``(1) Eligible educator.--
``(A) In general.--For purposes of subsection
(a)(2)(D), the term `eligible educator' means, with
respect to any taxable year, an individual who is a
kindergarten through grade 12 teacher, instructor,
counselor, principal, or aide in a school for at least
900 hours during a school year.
``(B) School.--The term `school' means any school
which provides elementary education or secondary
education (kindergarten through grade 12), as
determined under State law.
``(2) Coordination with exclusions.--A deduction shall be
allowed under subsection (a)(2)(D) for expenses only to the
extent the amount of such expenses exceeds the amount
excludable under section 135, 529(c)(1), or 530(d)(2) for the
taxable year.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2001.
Subtitle B--Technical Corrections
SEC. 611. AMENDMENTS RELATED TO ECONOMIC GROWTH AND TAX RELIEF
RECONCILIATION ACT OF 2001.
(a) Amendments Related to Section 101 of the Act.--
(1) In general.--Subsection (b) of section 6428 is amended
to read as follows:
``(b) Credit Treated as Nonrefundable Personal Credit.--For
purposes of this title, the credit allowed under this section shall be
treated as a credit allowable under subpart A of part IV of subchapter
A of chapter 1.''.
(2) Conforming amendments.--
(A) Subsection (d) of section 6428 is amended to
read as follows:
``(d) Coordination with Advance Refunds of Credit.--
``(1) In general.--The amount of credit which would (but
for this paragraph) be allowable under this section shall be
reduced (but not below zero) by the aggregate refunds and
credits made or allowed to the taxpayer under subsection (e).
Any failure to so reduce the credit shall be treated as arising
out of a mathematical or clerical error and assessed according
to section 6213(b)(1).
``(2) Joint returns.--In the case of a refund or credit
made or allowed under subsection (e) with respect to a joint
return, half of such refund or credit shall be treated as
having been made or allowed to each individual filing such
return.''.
(B) Paragraph (2) of section 6428(e) is amended to
read as follows:
``(2) Advance refund amount.--For purposes of paragraph
(1), the advance refund amount is the amount that would have
been allowed as a credit under this section for such first
taxable year if--
``(A) this section (other than subsections (b) and
(d) and this subsection) had applied to such taxable
year, and
``(B) the credit for such ta
2000
xable year were not
allowed to exceed the excess (if any) of--
``(i) the sum of the regular tax liability
(as defined in section 26(b)) plus the tax
imposed by section 55, over
``(ii) the sum of the credits allowable
under part IV of subchapter A of chapter 1
(other than the credits allowable under subpart
C thereof, relating to refundable credits).''
(b) Amendment Related to Section 201 of the Act.--Subparagraph (B)
of section 24(d)(1) is amended by striking ``amount of credit allowed
by this section'' and inserting ``aggregate amount of credits allowed
by this subpart''.
(c) Amendments Related to Section 202 of the Act.--
(1) Corrections to credit for adoption expenses.--
(A) Paragraph (1) of section 23(a) is amended to
read as follows:
``(1) In general.--In the case of an individual, there
shall be allowed as a credit against the tax imposed by this
chapter the amount of the qualified adoption expenses paid or
incurred by the taxpayer.''
(B) Subsection (a) of section 23 is amended by
adding at the end the following new paragraph:
``(3) $10,000 credit for adoption of child with special
needs regardless of expenses.--In the case of an adoption of a
child with special needs which becomes final during a taxable
year, the taxpayer shall be treated as having paid during such
year qualified adoption expenses with respect to such adoption
in an amount equal to the excess (if any) of $10,000 over the
aggregate qualified adoption expenses actually paid or incurred
by the taxpayer with respect to such adoption during such
taxable year and all prior taxable years.''
(C) Paragraph (2) of section 23(a) is amended by
striking the last sentence.
(D) Paragraph (1) of section 23(b) is amended by
striking ``subsection (a)(1)(A)'' and inserting
``subsection (a)''.
(E) Subsection (i) of section 23 is amended by
striking ``the dollar limitation in subsection (b)(1)''
and inserting ``the dollar amounts in subsections
(a)(3) and (b)(1)''.
(F) Expenses paid or incurred during any taxable
year beginning before January 1, 2002, may be taken
into account in determining the credit under section 23
of the Internal Revenue Code of 1986 only to the extent
the aggregate of such expenses does not exceed the
applicable limitation under section 23(b)(1) of such
Code as in effect on the day before the date of the
enactment of the Economic Growth and Tax Relief
Reconciliation Act of 2001.
(2) Corrections to exclusion for employer-provided adoption
assistance.--
(A) Subsection (a) of section 137 is amended to
read as follows:
``(a) Exclusion.--
``(1) In general.--Gross income of an employee does not
include amounts paid or expenses incurred by the employer for
qualified adoption expenses in connection with the adoption of
a child by an employee if such amounts are furnished pursuant
to an adoption assistance program.
``(2) $10,000 exclusion for adoption of child with special
needs regardless of expenses.--In the case of an adoption of a
child with special needs which becomes final during a taxable
year, the qualified adoption expenses with respect to such
adoption for such year shall be increased by an amount equal to
the excess (if any) of $10,000 over the actual aggregate
qualified adoption expenses with respect to such adoption
during such taxable year and all prior taxable years.''
(B) Paragraph (2) of section 137(b) is amended by
striking ``subsection (a)(1)'' and inserting
``subsection (a)''.
(3) Effective date.--The amendments made by this subsection
shall apply to taxable years beginning after December 31, 2002;
except that the amendments made by paragraphs (1)(C), (1)(D),
and (2)(B) shall apply to taxable years beginning after
December 31, 2001.
(d) Amendments Related to Section 205 of the Act.--
(1) Section 45F(d)(4)(B) is amended by striking ``subpart
A, B, or D of this part'' and inserting ``this chapter or for
purposes of section 55''.
(2) Section 38(b)(15) is amended by striking ``45F'' and
inserting ``45F(a)''.
(e) Amendments Related to Section 301 of the Act.--
(1) Section 63(c)(2) is amended--
(A) in subparagraph (A), by striking ``subparagraph
(C)'' and inserting ``subparagraph (D)'',
(B) by striking ``or'' at the end of subparagraph
(B),
(C) by redesignating subparagraph (C) as
subparagraph (D), and
(D) by inserting after subparagraph (B) the
following new subparagraph:
``(C) one-half of the amount allowable under
subparagraph (A) in the case of a married individual
filing a separate return, or''.
(2) Section 63(c)(7) is amended by adding at the end the
following:
``If any amount determined under the preceding table is not a
multiple of $50, such amount shall be rounded to the next
lowest multiple of $50.''.
(f) Amendment Related to Section 401 of the Act.--Section
530(d)(4)(B)(iv) is amended by striking ``because the taxpayer elected
under paragraph (2)(C) to waive the application of paragraph (2)'' and
inserting ``by application of paragraph (2)(C)(i)(II)''.
(g) Amendment Related to Section 511 of the Act.--Section 2511(c)
is amended by striking ``taxable gift under section 2503,'' and
inserting ``transfer of property by gift,''.
(h) Amendment Related to Section 532 of the Act.--Section 2016 is
amended by striking ``any State, any possession of the United States,
or the District of Columbia,''.
(i) Amendments Relating to Section 602 of the Act.--
(1) Subparagraph (A) of section 408(q)(3) is amended to
read as follows:
``(A) Qualified employer plan.--The term `qualified
employer plan' has the meaning given such term by
section 72(p)(4)(A)(i); except that such term shall
also include an eligible deferred compensation plan (as
defined in section 457(b)) of an eligible employer
described in section 457(e)(1)(A).''.
(2) Section 4(c) of Employee Retirement Income Security Act
of 1974 is amended--
(A) by inserting ``and part 5 (relating to
administration and enforcement)'' before the period at
the end, and
(B) by adding at the end the following new
sentence: ``Such provisions shall apply to such
accounts and annuities in a manner similar to their
application to a simplified employee pension under
section 408(k) of the Internal Revenue Code of 1986.''.
(j) Amendments Relating to Section 611 of the Act.--
(1) Section 408(k) is amended--
(A) in paragraph (2)(C) by striking ``$300'' and
inserting ``$450'', and
(B) in paragraph (8) by striking ``$300'' both
places it appears and inserting ``$450''.
(2) Section 409(o)(1)(C)(ii) is amended--
2000
(A) by striking ``$500,000'' both places it appears
and inserting ``$800,000'', and
(B) by striking ``$100,000'' and inserting
``$160,000''.
(3) Section 611(i) of the Economic Growth and Tax Relief
Reconciliation Act of 2001 is amended by adding at the end the
following new paragraph:
``(3) Special rule.--In the case of plan that, on June 7,
2001, incorporated by reference the limitation of section
415(b)(1)(A) of the Internal Revenue Code of 1986, section
411(d)(6) of such Code and section 204(g)(1) of the Employee
Retirement Income Security Act of 1974 do not apply to a plan
amendment that--
``(A) is adopted on or before June 30, 2002,
``(B) reduces benefits to the level that would have
applied without regard to the amendments made by
subsection (a) of this section, and
``(C) is effective no earlier than the years
described in paragraph (2).''.
(k) Amendments Relating to Section 613 of the Act.--
(1) Section 416(c)(1)(C)(iii) is amended by striking
``Exception for frozen plan'' and inserting ``Exception for
plan under which no key employee (or former key employee)
benefits for plan year''.
(2) Section 416(g)(3)(B) is amended by striking
``separation from service'' and inserting ``severance from
employment''.
(l) Amendments Relating to Sections 614 and 616 of the Act.--
(1) Section 404(a)(12) is amended by striking ``(9),'' and
inserting ``(9) and subsection (h)(1)(C),''.
(2) Section 404(n) is amended by striking ``subsection
(a),'' and inserting ``subsection (a) or paragraph (1)(C) of
subsection (h)''.
(3) Section 402(h)(2)(A) is amended by striking ``15
percent'' and inserting ``25 percent''.
(4) Section 404(a)(7)(C) is amended to read as follows:
``(C) Paragraph not to apply in certain cases.--
``(i) Beneficiary test.--This paragraph
shall not have the effect of reducing the
amount otherwise deductible under paragraphs
(1), (2), and (3), if no employee is a
beneficiary under more than 1 trust or under a
trust and an annuity plan.
``(ii) Elective deferrals.--If, in
connection with 1 or more defined contribution
plans and 1 or more defined benefit plans, no
amounts (other than elective deferrals (as
defined in section 402(g)(3))) are contributed
to any of the defined contribution plans for
the taxable year, then subparagraph (A) shall
not apply with respect to any of such defined
contribution plans and defined benefit
plans.''.
(m) Amendment Relating to Section 618 of the Act.--Section
25B(d)(2)(A) is amended to read as follows:
``(A) In general.--The qualified retirement savings
contributions determined under paragraph (1) shall be
reduced (but not below zero) by the aggregate
distributions received by the individual during the
testing period from any entity of a type to which
contributions under paragraph (1) may be made. The
preceding sentence shall not apply to the portion of
any distribution which is not includible in gross
income by reason of a trustee-to-trustee transfer or a
rollover distribution.''.
(n) Amendments Relating to Section 619 of the Act.--
(1) Section 45E(e)(1) is amended by striking ``(n)'' and
inserting ``(m)''.
(2) Section 619(d) of the Economic Growth and Tax Relief
Reconciliation Act of 2001 is amended by striking
``established'' and inserting ``first effective''.
(o) Amendments Relating to Section 631 of the Act.--
(1) Section 402(g)(1) is amended by adding at the end the
following:
``(C) Catch-up contributions.--In addition to
subparagraph (A), in the case of an eligible
participant (as defined in section 414(v)), gross
income shall not include elective deferrals in excess
of the applicable dollar amount under subparagraph (B)
to the extent that the amount of such elective
deferrals does not exceed the applicable dollar amount
under section 414(v)(2)(B)(i) for the taxable year
(without regard to the treatment of the elective
deferrals by an applicable employer plan under section
414(v)).''.
(2) Section 401(a)(30) is amended by striking ``402(g)(1)''
and inserting ``402(g)(1)(A)''.
(3) Section 414(v)(2) is amended by adding at the end the
following:
``(D) Aggregation of plans.--For purposes of this
paragraph, plans described in clauses (i), (ii), and
(iv) of paragraph (6)(A) that are maintained by the
same employer (as determined under subsection (b), (c),
(m) or (o)) shall be treated as a single plan, and
plans described in clause (iii) of paragraph (6)(A)
that are maintained by the same employer shall be
treated as a single plan.''.
(4) Section 414(v)(3)(A)(i) is amended by striking
``section 402(g), 402(h), 403(b), 404(a), 404(h), 408(k),
408(p), 415, or 457'' and inserting ``section 401(a)(30),
402(h), 403(b), 408, 415(c), and 457(b)(2) (determined without
regard to section 457(b)(3))''.
(5) Section 414(v)(3)(B) is amended by striking ``section
401(a)(4), 401(a)(26), 401(k)(3), 401(k)(11), 401(k)(12),
403(b)(12), 408(k), 408(p), 408B, 410(b), or 416'' and
inserting ``section 401(a)(4), 401(k)(3), 401(k)(11),
403(b)(12), 408(k), 410(b), or 416''.
(6) Section 414(v)(4)(B) is amended by inserting before the
period at the end the following: ``, except that a plan
described in clause (i) of section 410(b)(6)(C) shall not be
treated as a plan of the employer until the expiration of the
transition period with respect to such plan (as determined
under clause (ii) of such section)''.
(7) Section 414(v)(5) is amended--
(A) by striking ``, with respect to any plan
year,'' in the matter preceding subparagraph (A),
(B) by amending subparagraph (A) to read as
follows:
``(A) who would attain age 50 by the end of the
taxable year,'', and
(C) in subparagraph (B) by striking ``plan year''
and inserting ``plan (or other applicable) year''.
(8) Section 414(v)(6)(C) is amended to read as follows:
``(C) Exception for section 457 plans.--This
subsection shall not apply to a participant for any
year for which a higher limitation applies to the
participant under section 457(b)(3).''.
(9) Section 457(e) is amended by adding at the end the
following new paragraph:
``(18) Coordination with catch-up contributions for
individuals age 50 or older.-- In the case of an individual who
is an eligible participant (as defined by section 414(v)) and
who is a participant in an eligible deferred compensation plan
of an employer
2000
described in paragraph (1)(A), subsections
(b)(3) and (c) shall be applied by substituting for the amount
otherwise determined under the applicable subsection the
greater of--
``(A) the sum of--
``(i) the plan ceiling established for
purposes of subsection (b)(2) (without regard
to subsection (b)(3)), plus
``(ii) the applicable dollar amount for the
taxable year determined under section
414(v)(2)(B)(i), or
``(B) the amount determined under the applicable
subsection (without regard to this paragraph).''.
(p) Amendments Relating to Section 632 of the Act.--
(1) Section 403(b)(1) is amended in the matter following
subparagraph (E) by striking ``then amounts contributed'' and
all that follows and inserting the following:
``then contributions and other additions by such employer
for such annuity contract shall be excluded from the gross
income of the employee for the taxable year to the extent that
the aggregate of such contributions and additions (when
expressed as an annual addition (within the meaning of section
415(c)(2))) does not exceed the applicable limit under section
415. The amount actually distributed to any distributee under
such contract shall be taxable to the distributee (in the year
in which so distributed) under section 72 (relating to
annuities). For purposes of applying the rules of this
subsection to contributions and other additions by an employer
for a taxable year, amounts transferred to a contract described
in this paragraph by reason of a rollover contribution
described in paragraph (8) of this subsection or section
408(d)(3)(A)(ii) shall not be considered contributed by such
employer.''.
(2) Section 403(b) is amended by striking paragraph (6).
(3) Section 403(b)(3) is amended--
(A) in the first sentence by inserting the
following before the period at the end: ``, and which
precedes the taxable year by no more than five years'',
and
(B) in the second sentence by striking ``or any
amount received by a former employee after the fifth
taxable year following the taxable year in which such
employee was terminated''.
(4) Section 415(c)(7) is amended to read as follows:
``(7) Special rules relating to church plans.--
``(A) Alternative contribution limitation.--
``(i) In general.--Notwithstanding any
other provision of this subsection, at the
election of a participant who is an employee of
a church or a convention or association of
churches, including an organization described
in section 414(e)(3)(B)(ii), contributions and
other additions for an annuity contract or
retirement income account described in section
403(b) with respect to such participant, when
expressed as an annual addition to such
participant's account, shall be treated as not
exceeding the limitation of paragraph (1) if
such annual addition is not in excess of
$10,000.
``(ii) $40,000 aggregate limitation.--The
total amount of additions with respect to any
participant which may be taken into account for
purposes of this subparagraph for all years may
not exceed $40,000.
``(B) Number of years of service for duly ordained,
commissioned, or licensed ministers or lay employees.--
For purposes of this paragraph--
``(i) all years of service by--
``(I) a duly ordained,
commissioned, or licensed minister of a
church, or
``(II) a lay person,
as an employee of a church, a convention or
association of churches, including an
organization described in section
414(e)(3)(B)(ii), shall be considered as years
of service for 1 employer, and
``(ii) all amounts contributed for annuity
contracts by each such church (or convention or
association of churches) or such organization
during such years for such minister or lay
person shall be considered to have been
contributed by 1 employer.
``(C) Foreign missionaries.--In the case of any
individual described in subparagraph (D) performing
services outside the United States, contributions and
other additions for an annuity contract or retirement
income account described in section 403(b) with respect
to such employee, when expressed as an annual addition
to such employee's account, shall not be treated as
exceeding the limitation of paragraph (1) if such
annual addition is not in excess of the greater of
$3,000 or the employee's includible compensation
determined under section 403(b)(3).
``(D) Annual addition.--For purposes of this
paragraph, the term `annual addition' has the meaning
given such term by paragraph (2).
``(E) Church, convention or association of
churches.--For purposes of this paragraph, the terms
`church' and `convention or association of churches'
have the same meaning as when used in section
414(e).''.
(5) Section 457(e)(5) is amended to read as follows:
``(5) Includible compensation.--The term `includible
compensation' has the meaning given to the term `participant's
compensation' by section 415(c)(3).''.
(6) Section 402(g)(7)(B) is amended by striking ``2001.''
and inserting ``2001).''.
(q) Amendments Relating to Section 643 of the Act.--
(1) Section 401(a)(31)(C)(i) is amended by inserting ``is a
qualified trust which is part of a plan which is a defined
contribution plan and'' before ``agrees''.
(2) Section 402(c)(2) is amended by adding at the end the
following flush sentence:
``In the case of a transfer described in subparagraph (A) or
(B), the amount transferred shall be treated as consisting
first of the portion of such distribution that is includible in
gross income (determined without regard to paragraph (1)).''.
(r) Amendments Relating to Section 648 of the Act.--
(1) Section 417(e) is amended--
(A) in paragraph (1) by striking ``exceed the
dollar limit under section 411(a)(11)(A)'' and
inserting ``exceed the amount that can be distributed
without the participant's consent under section
411(a)(11)'', and
(B) in paragraph (2)(A) by striking ``exceeds the
dollar limit under section 411(a)(11)(A)'' and
inserting ``exceeds the amount that can be distributed
without the participant's cons
2000
ent under section
411(a)(11)''.
(2) Section 205(g) of the Employee Retirement Income
Security Act of 1974 is amended--
(A) in paragraph (1) by striking ``exceed the
dollar limit under section 203(e)(1)'' and inserting
``exceed the amount that can be distributed without the
participant's consent under section 203(e)'', and
(B) in paragraph (2)(A) by striking ``exceeds the
dollar limit under section 203(e)(1)'' and inserting
``exceeds the amount that can be distributed without
the participant's consent under section 203(e)''.
(s) Amendment Relating to Section 652 of the Act.--Section
404(a)(1)(D)(iv) is amended by striking ``Plans maintained by
professional service employers'' and inserting ``Special rule for
terminating plans''.
(t) Amendments Relating to Section 657 of the Act.--Section
404(c)(3) of the Employee Retirement Income Security Act of 1974 is
amended--
(1) by striking ``the earlier of'' in subparagraph (A) the
second place it appears, and
(2) by striking ``if the transfer'' and inserting ``a
transfer that''.
(u) Amendments Relating to Section 659 of the Act.--
(1) Section 4980F is amended--
(A) in subsection (e)(1) by striking ``written
notice'' and inserting ``the notice described in
paragraph (2)'',
(B) by amending subsection (f)(2)(A) to read as
follows:
``(A) any defined benefit plan described in section
401(a) which includes a trust exempt from tax under
section 501(a), or'', and
(C) in subsection (f)(3) by striking
``significantly'' both places it appears.
(2) Section 204(h)(9) of the Employee Retirement Income
Security Act of 1974 is amended by striking ``significantly''
both places it appears.
(3) Section 659(c)(3)(B) of the Economic Growth and Tax
Relief Reconciliation Act of 2001 is amended by striking
``(or'' and inserting ``(and''.
(v) Amendments Relating to Section 661 of the Act.--
(1) Section 412(c)(9)(B) is amended--
(A) in clause (ii) by striking ``125 percent'' and
inserting ``100 percent'', and
(B) by adding at the end the following new clause:
``(iv) Limitation.--A change in funding
method to use a prior year valuation, as
provided in clause (ii), may not be made unless
as of the valuation date within the prior plan
year, the value of the assets of the plan are
not less than 125 percent of the plan's current
liability (as defined in paragraph (7)(B)).''.
(2) Section 302(c)(9)(B) of the Employee Retirement Income
Security Act of 1974 is amended--
(A) in clause (ii) by striking ``125 percent'' and
inserting ``100 percent'', and
(B) by adding at the end the following new clause:
``(iv) A change in funding method to use a prior year valuation, as
provided in clause (ii), may not be made unless as of the valuation
date within the prior plan year, the value of the assets of the plan
are not less than 125 percent of the plan's current liability (as
defined in paragraph (7)(B)).''.
(w) Amendments Relating to Section 662 of the Act.--
(1) Section 404(k) is amended--
(A) in paragraph (1) by striking ``during the
taxable year'',
(B) in paragraph (2)(B) by striking ``(A)(iii)''
and inserting ``(A)(iv)'',
(C) in paragraph (4)(B) by striking ``(iii)'' and
inserting ``(iv)'', and
(D) by redesignating subparagraph (B) of paragraph
(4) (as amended by subparagraph (C)) as subparagraph
(C) of paragraph (4) and by inserting after
subparagraph (A) the following new subparagraph:
``(B) Reinvestment dividends.--For purposes of
subparagraph (A), an applicable dividend reinvested
pursuant to clause (iii)(II) of paragraph (2)(A) shall
be treated as paid in the taxable year of the
corporation in which such dividend is reinvested in
qualifying employer securities or in which the election
under clause (iii) of paragraph (2)(A) is made,
whichever is later.''.
(2) Section 404(k) is amended by adding at the end the
following new paragraph:
``(7) Full vesting.--In accordance with section 411, an
applicable dividend described in clause (iii)(II) of paragraph
(2)(A) shall be subject to the requirements of section
411(a)(1).''.
(x) Effective Date.--Except as provided in subsection (c), the
amendments made by this section shall take effect as if included in the
provisions of the Economic Growth and Tax Relief Reconciliation Act of
2001 to which they relate.
SEC. 612. AMENDMENTS RELATED TO COMMUNITY RENEWAL TAX RELIEF ACT OF
2000.
(a) Amendment Related to Section 101 of the Act.--Section
469(i)(3)(E) is amended by striking clauses (ii), (iii), and (iv) and
inserting the following:
``(ii) second to the portion of such loss
to which subparagraph (C) applies,
``(iii) third to the portion of the passive
activity credit to which subparagraph (B) or
(D) does not apply,
``(iv) fourth to the portion of such credit
to which subparagraph (B) applies, and''.
(b) Amendment Related to Section 306 of the Act.--Section
151(c)(6)(C) is amended--
(1) by striking ``for earned income credit.--For purposes
of section 32, an'' and inserting ``for principal place of
abode requirements.--An'', and
(2) by striking ``requirement of section 32(c)(3)(A)(ii)''
and inserting ``principal place of abode requirements of
section 2(a)(1)(B), section 2(b)(1)(A), and section
32(c)(3)(A)(ii)''.
(c) Amendment Related to Section 309 of the Act.--Subparagraph (A)
of section 358(h)(1) is amended to read as follows:
``(A) which is assumed by another person as part of
the exchange, and''.
(d) Amendments Related to Section 401 of the Act.--
(1)(A) Section 1234A is amended by inserting ``or'' after
the comma at the end of paragraph (1), by striking ``or'' at
the end of paragraph (2), and by striking paragraph (3).
(B)(i) Section 1234B is amended in subsection (a)(1) and in
subsection (b) by striking ``sale or exchange'' the first place
it appears in each subsection and inserting ``sale, exchange,
or termination''.
(ii) Section 1234B is amended by adding at the end the
following new subsection:
``(f) Cross Reference.--
``For special rules relating to dealer
securities futures contracts, see section 1256.''
(2) Section 1091(e) is amended--
(A) in the heading, by striking ``Securities.--''
and inserting ``Securities and Securities Futures
Contracts To Sell.--'',
(B) by inserting after ``closing of a short sale
of'' the following: ``(or a securities futures contract
to sell)'',
(C) in paragraph (2), by inserting after ``short
sale of'' the following: ``(or securities futures
2000
contracts to sell)'', and
(D) by adding at the end the following:
``For purposes of this subsection, the term `securities futures
contract' has the meaning provided by section 1234B(c).''.
(3) Section 1233(e)(2) is amended by striking ``and'' at
the end of subparagraph (C), by striking the period and
inserting ``; and'' at the end of subparagraph (D), and by
adding at the end the following:
``(E) entering into a securities futures contract
(as so defined) to sell shall be treated as entering
into a short sale, and the sale, exchange, or
termination of a securities futures contract to sell
shall be treated as the closing of a short sale.''.
(e) Effective Date.--The amendments made by this section shall take
effect as if included in the provisions of the Community Renewal Tax
Relief Act of 2000 to which they relate.
SEC. 613. AMENDMENTS RELATED TO THE TAX RELIEF EXTENSION ACT OF 1999.
(a) Amendments Related to Section 545 of the Act.--Section
857(b)(7) is amended--
(1) in clause (i) of subparagraph (B), by striking ``the
amount of which'' and inserting ``to the extent the amount of
the rents'', and
(2) in subparagraph (C), by striking ``if the amount'' and
inserting ``to the extent the amount''.
(b) Effective Date.--The amendments made by this section shall take
effect as if included in section 545 of the Tax Relief Extension Act of
1999.
SEC. 614. AMENDMENTS RELATED TO THE TAXPAYER RELIEF ACT OF 1997.
(a) Amendments Related to Section 311 of the Act.--Section 311(e)
of the Taxpayer Relief Act of 1997 (Public Law 105-34; 111 Stat. 836)
is amended--
(1) in paragraph (2)(A), by striking ``recognized'' and
inserting ``included in gross income'', and
(2) by adding at the end the following new paragraph:
``(5) Disposition of interest in passive activity.--Section
469(g)(1)(A) of the Internal Revenue Code of 1986 shall not
apply by reason of an election made under paragraph (1).''.
(b) Effective Date.--The amendments made by this section shall take
effect as if included in section 311 of the Taxpayer Relief Act of
1997.
SEC. 615. AMENDMENT RELATED TO THE BALANCED BUDGET ACT OF 1997.
(a) Amendment Related to Section 4006 of the Act.--Section 26(b)(2)
is amended by striking ``and'' at the end of subparagraph (P), by
striking the period and inserting ``, and'' at the end of subparagraph
(Q), and by adding at the end the following new subparagraph:
``(R) section 138(c)(2) (relating to penalty for
distributions from Medicare+Choice MSA not used for
qualified medical expenses if minimum balance not
maintained).''.
(b) Effective Date.--The amendment made by this section shall take
effect as if included in section 4006 of the Balanced Budget Act of
1997.
SEC. 616. OTHER TECHNICAL CORRECTIONS.
(a) Coordination of Advanced Payments of Earned Income Credit.--
(1) Section 32(g)(2) is amended by striking ``subpart'' and
inserting ``part''.
(2) The amendment made by this subsection shall take effect
as if included in section 474 of the Tax Reform Act of 1984.
(b) Disclosure by Social Security Administration to Federal Child
Support Agencies.--
(1) Section 6103(l)(8) is amended--
(A) in the heading, by striking ``state and local''
and inserting ``federal, state, and local'', and
(B) in subparagraph (A), by inserting ``Federal
or'' before ``State or local''.
(2) The amendments made by this subsection shall take
effect on the date of the enactment of this Act.
(c) Treatment of Settlements Under Partnership Audit Rules.--
(1) The following provisions are each amended by inserting
``or the Attorney General (or his delegate)'' after
``Secretary'' each place it appears:
(A) Paragraphs (1) and (2) of section 6224(c).
(B) Section 6229(f)(2).
(C) Section 6231(b)(1)(C).
(D) Section 6234(g)(4)(A).
(2) The amendments made by this subsection shall apply with
respect to settlement agreements entered into after the date of
the enactment of this Act.
(d) Amendment Related to Procedure and Administration.--
(1) Section 6331(k)(3) (relating to no levy while certain
offers pending or installment agreement pending or in effect)
is amended to read as follows:
``(3) Certain rules to apply.--Rules similar to the rules
of--
``(A) paragraphs (3) and (4) of subsection (i), and
``(B) except in the case of paragraph (2)(C),
paragraph (5) of subsection (i),
shall apply for purposes of this subsection.''.
(2) The amendment made by this subsection shall take effect
on the date of the enactment of this Act.
(e) Modified Endowment Contracts.--Paragraph (2) of section 318(a)
of the Community Renewal Tax Relief Act of 2000 (114 Stat. 2763A-645)
is repealed, and clause (ii) of section 7702A(c)(3)(A) shall read and
be applied as if the amendment made by such paragraph had not been
enacted.
SEC. 617. CLERICAL AMENDMENTS.
(1) The subsection (g) of section 25B that relates to
termination is redesignated as subsection (h).
(2) Section 51A(c)(1) is amended by striking ``51(d)(10)''
and inserting ``51(d)(11)''.
(3) Section 172(b)(1)(F)(i) is amended--
(A) by striking ``3 years'' and inserting ``3
taxable years'', and
(B) by striking ``2 years'' and inserting ``2
taxable years''.
(4) Section 351(h)(1) is amended by inserting a comma after
``liability''.
(5) Section 741 is amended by striking ``which have
appreciated substantially in value''.
(6) Section 857(b)(7)(B)(i) is amended by striking
``subsection 856(d)'' and inserting ``section 856(d)''.
(7) Section 1394(c)(2) is amended by striking
``subparagraph (A)'' and inserting ``paragraph (1)''.
(8)(A) Section 6227(d) is amended by striking ``subsection
(b)'' and inserting ``subsection (c)''.
(B) Section 6228 is amended--
(i) in subsection (a)(1), by striking ``subsection
(b) of section 6227'' and inserting ``subsection (c) of
section 6227'',
(ii) in subsection (a)(3)(A), by striking
``subsection (b) of'', and
(iii) in subsections (b)(1) and (b)(2)(A), by
striking ``subsection (c) of section 6227'' and
inserting ``subsection (d) of section 6227''.
(C) Section 6231(b)(2)(B)(i) is amended by striking
``section 6227(c)'' and inserting ``section 6227(d)''.
(9) Section 1221(b)(1)(B)(i) is amended by striking
``1256(b))'' and inserting ``1256(b)))''.
(10) Section 618(b)(2) of the Economic Growth and Tax
Relief Reconciliation Act of 2001 (Public Law 107-16; 115 Stat.
108) is amended--
(A) in subparagraph (A) by striking ``203(d)'' and
inserting ``202(f)'', and
(B) in subparagraphs (C), (D), and (E) by striking
``203'' and inserting ``202(f)''.
(11)(A) Section 525 of the Ticket to Work and Work
Incentives Improvement Act of 1999 (Public Law 106-170; 113
Stat. 1928) is amended by striking ``7200'' and inserting
``7201''.
(B) Section 532(c)(2) of such Act (113 Stat. 1930) is
amended--
(i) in subparagraph (D), by striking ``341(d
2000
)(3)''
and inserting ``341(d)'', and
(ii) in subparagraph (Q), by striking
``954(c)(1)(B)(iii) and inserting ``954(c)(1)(B)''.
SEC. 618. ADDITIONAL CORRECTIONS.
(a) Amendments Related to Section 202 of the Economic Growth and
Tax Relief Reconciliation Act of 2001.--
(1) Subsection (h) of section 23 is amended--
(A) by striking ``subsection (a)(1)(B)'' and
inserting ``subsection (a)(3)'', and
(B) by adding at the end the following new flush
sentence:
``If any amount as increased under the preceding sentence is not a
multiple of $10, such amount shall be rounded to the nearest multiple
of $10.''
(2) Subsection (f) of section 137 is amended by adding at
the end the following new flush sentence:
``If any amount as increased under the preceding sentence is not a
multiple of $10, such amount shall be rounded to the nearest multiple
of $10.''
(b) Amendments Related to Section 204 of the Economic Growth and
Tax Relief Reconciliation Act of 2001.--Section 21(d)(2) is amended--
(1) in subparagraph (A) by striking ``$200'' and inserting
``$250'', and
(2) in subparagraph (B) by striking ``$400'' and inserting
``$500''.
(c) Effective Date.--The amendments made by this section shall take
effect as if included in the provisions of the Economic Growth and Tax
Relief Reconciliation Act of 2001 to which they relate.
TITLE VII--UNEMPLOYMENT ASSISTANCE
SEC. 701. SHORT TITLE.
This title may be cited as the ``Temporary Extended Unemployment
Compensation Act of 2001''.
SEC. 702. FEDERAL-STATE AGREEMENTS.
(a) In General.--Any State which desires to do so may enter into
and participate in an agreement under this title with the Secretary of
Labor (in this title referred to as the ``Secretary''). Any State which
is a party to an agreement under this title may, upon providing 30 days
written notice to the Secretary, terminate such agreement.
(b) Provisions of Agreement.--Any agreement under subsection (a)
shall provide that the State agency of the State will make payments of
temporary extended unemployment compensation to individuals who--
(1) have exhausted all rights to regular compensation under
the State law or under Federal law with respect to a benefit
year (excluding any benefit year that ended before March 15,
2001);
(2) have no rights to regular compensation or extended
compensation with respect to a week under such law or any other
State unemployment compensation law or to compensation under
any other Federal law;
(3) are not receiving compensation with respect to such
week under the unemployment compensation law of Canada; and
(4) filed an initial claim for regular compensation on or
after March 15, 2001.
(c) Exhaustion of Benefits.--For purposes of subsection (b)(1), an
individual shall be deemed to have exhausted such individual's rights
to regular compensation under a State law when--
(1) no payments of regular compensation can be made under
such law because such individual has received all regular
compensation available to such individual based on employment
or wages during such individual's base period; or
(2) such individual's rights to such compensation have been
terminated by reason of the expiration of the benefit year with
respect to which such rights existed.
(d) Weekly Benefit Amount, Etc.--For purposes of any agreement
under this title--
(1) the amount of temporary extended unemployment
compensation which shall be payable to any individual for any
week of total unemployment shall be equal to the amount of the
regular compensation (including dependents' allowances) payable
to such individual during such individual's benefit year under
the State law for a week of total unemployment;
(2) the terms and conditions of the State law which apply
to claims for regular compensation and to the payment thereof
shall apply to claims for temporary extended unemployment
compensation and the payment thereof, except--
(A) that an individual shall not be eligible for
temporary extended unemployment compensation under this
title unless, in the base period with respect to which
the individual exhausted all rights to regular
compensation under the State law, the individual had 20
weeks of full-time insured employment or the equivalent
in insured wages, as determined under the provisions of
the State law implementing section 202(a)(5) of the
Federal-State Extended Unemployment Compensation Act of
1970 (26 U.S.C. 3304 note); and
(B) where otherwise inconsistent with the
provisions of this title or with the regulations or
operating instructions of the Secretary promulgated to
carry out this title; and
(3) the maximum amount of temporary extended unemployment
compensation payable to any individual for whom a temporary
extended unemployment compensation account is established under
section 703 shall not exceed the amount established in such
account for such individual.
(e) Election by States.--Notwithstanding any other provision of
Federal law (and if State law permits), the Governor of a State that is
in an extended benefit period may provide for the payment of temporary
extended unemployment compensation in lieu of extended compensation to
individuals who otherwise meet the requirements of this section. Such
an election shall not require a State to trigger off an extended
benefit period.
SEC. 703. TEMPORARY EXTENDED UNEMPLOYMENT COMPENSATION ACCOUNT.
(a) In General.--Any agreement under this title shall provide that
the State will establish, for each eligible individual who files an
application for temporary extended unemployment compensation, a
temporary extended unemployment compensation account with respect to
such individual's benefit year.
(b) Amount in Account.--
(1) In general.--The amount established in an account under
subsection (a) shall be equal to the lesser of--
(A) 50 percent of the total amount of regular
compensation (including dependents' allowances) payable
to the individual during the individual's benefit year
under such law, or
(B) 13 times the individual's average weekly
benefit amount for the benefit year.
(2) Reduction for extended benefits.--The amount in an
account under paragraph (1) shall be reduced (but not below
zero) by the aggregate amount of extended compensation (if any)
received by such individual relating to the same benefit year
under the Federal-State Extended Unemployment Compensation Act
of 1970 (26 U.S.C. 3304 note).
(3) Weekly benefit amount.--For purposes of this
subsection, an individual's weekly benefit amount for any week
is the amount of regular compensation (including dependents'
allowances) under the State law payable to such individual for
such week for total unemployment.
SEC. 704. PAYMENTS TO STATES HAVING AGREEMENTS FOR THE PAYMENT OF
TEMPORARY EXTENDED UNEMPLOYMENT COMPENSATION.
(a) General Rule.--There shall be paid to each State that has
entered into an agreement under this title an amount equal to 100
percent of the temporary extended unemployment compensation paid to
individuals by the State pursuant to such agreement.
(b) Treatment of Reimbursable Compensation.--No payment shall be
mad
2000
e to any State under this section in respect of any compensation to
the extent the State is entitled to reimbursement in respect of such
compensation under the provisions of any Federal law other than this
title or chapter 85 of title 5, United States Code. A State shall not
be entitled to any reimbursement under such chapter 85 in respect of
any compensation to the extent the State is entitled to reimbursement
under this title in respect of such compensation.
(c) Determination of Amount.--Sums payable to any State by reason
of such State having an agreement under this title shall be payable,
either in advance or by way of reimbursement (as may be determined by
the Secretary), in such amounts as the Secretary estimates the State
will be entitled to receive under this title for each calendar month,
reduced or increased, as the case may be, by any amount by which the
Secretary finds that the Secretary's estimates for any prior calendar
month were greater or less than the amounts which should have been paid
to the State. Such estimates may be made on the basis of such
statistical, sampling, or other method as may be agreed upon by the
Secretary and the State agency of the State involved.
SEC. 705. FINANCING PROVISIONS.
(a) In General.--Funds in the extended unemployment compensation
account (as established by section 905(a) of the Social Security Act
(42 U.S.C. 1105(a)) of the Unemployment Trust Fund (as established by
section 904(a) of such Act (42 U.S.C. 1104(a)) shall be used for the
making of payments to States having agreements entered into under this
title.
(b) Certification.--The Secretary shall from time to time certify
to the Secretary of the Treasury for payment to each State the sums
payable to such State under this title. The Secretary of the Treasury,
prior to audit or settlement by the General Accounting Office, shall
make payments to the State in accordance with such certification, by
transfers from the extended unemployment compensation account (as so
established) to the account of such State in the Unemployment Trust
Fund (as so established).
(c) Assistance to States.--There are appropriated out of the
employment security administration account (as established by section
901(a) of the Social Security Act (42 U.S.C. 1101(a)) of the
Unemployment Trust Fund, without fiscal year limitation, such funds as
may be necessary for purposes of assisting States (as provided in title
III of the Social Security Act (42 U.S.C. 501 et seq.)) in meeting the
costs of administration of agreements under this title.
(d) Appropriations for Certain Payments.--There are appropriated
from the general fund of the Treasury, without fiscal year limitation,
to the extended unemployment compensation account (as so established)
of the Unemployment Trust Fund (as so established) such sums as the
Secretary estimates to be necessary to make the payments under this
section in respect of--
(1) compensation payable under chapter 85 of title 5,
United States Code; and
(2) compensation payable on the basis of services to which
section 3309(a)(1) of the Internal Revenue Code of 1986
applies.
Amounts appropriated pursuant to the preceding sentence shall not be
required to be repaid.
SEC. 706. FRAUD AND OVERPAYMENTS.
(a) In General.--If an individual knowingly has made, or caused to
be made by another, a false statement or representation of a material
fact, or knowingly has failed, or caused another to fail, to disclose a
material fact, and as a result of such false statement or
representation or of such nondisclosure such individual has received an
amount of temporary extended unemployment compensation under this title
to which he was not entitled, such individual--
(1) shall be ineligible for further temporary extended
unemployment compensation under this title in accordance with
the provisions of the applicable State unemployment
compensation law relating to fraud in connection with a claim
for unemployment compensation; and
(2) shall be subject to prosecution under section 1001 of
title 18, United States Code.
(b) Repayment.--In the case of individuals who have received
amounts of temporary extended unemployment compensation under this
title to which they were not entitled, the State shall require such
individuals to repay the amounts of such temporary extended
unemployment compensation to the State agency, except that the State
agency may waive such repayment if it determines that--
(1) the payment of such temporary extended unemployment
compensation was without fault on the part of any such
individual; and
(2) such repayment would be contrary to equity and good
conscience.
(c) Recovery by State Agency.--
(1) In general.--The State agency may recover the amount to
be repaid, or any part thereof, by deductions from any
temporary extended unemployment compensation payable to such
individual under this title or from any unemployment
compensation payable to such individual under any Federal
unemployment compensation law administered by the State agency
or under any other Federal law administered by the State agency
which provides for the payment of any assistance or allowance
with respect to any week of unemployment, during the 3-year
period after the date such individuals received the payment of
the temporary extended unemployment compensation to which they
were not entitled, except that no single deduction may exceed
50 percent of the weekly benefit amount from which such
deduction is made.
(2) Opportunity for hearing.--No repayment shall be
required, and no deduction shall be made, until a determination
has been made, notice thereof and an opportunity for a fair
hearing has been given to the individual, and the determination
has become final.
(d) Review.--Any determination by a State agency under this section
shall be subject to review in the same manner and to the same extent as
determinations under the State unemployment compensation law, and only
in that manner and to that extent.
SEC. 707. DEFINITIONS.
In this title, the terms ``compensation'', ``regular
compensation'', ``extended compensation'', ``additional compensation'',
``benefit year'', ``base period'', ``State'', ``State agency'', ``State
law'', and ``week'' have the respective meanings given such terms under
section 205 of the Federal-State Extended Unemployment Compensation Act
of 1970 (26 U.S.C. 3304 note).
SEC. 708. APPLICABILITY.
An agreement entered into under this title shall apply to weeks of
unemployment--
(1) beginning after the date on which such agreement is
entered into; and
(2) ending before January 1, 2003.
SEC. 709. SPECIAL REED ACT TRANSFER IN FISCAL YEAR 2002.
(a) Repeal of Certain Provisions Added by the Balanced Budget Act
of 1997.--
(1) In general.--The following provisions of section 903 of
the Social Security Act (42 U.S.C. 1103) are repealed:
(A) Paragraph (3) of subsection (a).
(B) The last sentence of subsection (c)(2).
(2) Savings provision.--Any amounts transferred before the
date of enactment of this Act under the provision repealed by
paragraph (1)(A) shall remain subject to section 903 of the
Social Security Act, as last in effect before such date of
enactment.
(b) Special Transfer in Fiscal Year 2002.--Section 903 of the
Social Security Act is amended by adding at the end the following:
``Special Transfer in Fiscal Year 2002
``(d)(1) The Secretary of the Treasury shall transfer (as of the
date determined under paragraph (5)) from the Federal unemployment
account to the account of each State in the Unemployment Trust Fund the
amount determin
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ed with respect to such State under paragraph (2).
``(2) The amount to be transferred under this subsection to a State
account shall (as determined by the Secretary of Labor and certified by
such Secretary to the Secretary of the Treasury) be equal to--
``(A) the amount which would have been required to have
been transferred under this section to such account at the
beginning of fiscal year 2002 if--
``(i) section 709(a)(1) of the Temporary Extended
Unemployment Compensation Act of 2001 had been enacted
before the close of fiscal year 2001, and
``(ii) section 5402 of Public Law 105-33 (relating
to increase in Federal unemployment account ceiling)
had not been enacted,
minus
``(B) the amount which was in fact transferred under this
section to such account at the beginning of fiscal year 2002.
``(3)(A) Except as provided in paragraph (4), amounts transferred
to a State account pursuant to this subsection may be used only in the
payment of cash benefits--
``(i) to individuals with respect to their unemployment,
and
``(ii) which are allowable under subparagraph (B) or (C).
``(B)(i) At the option of the State, cash benefits under this
paragraph may include amounts which shall be payable as--
``(I) regular compensation, or
``(II) additional compensation, upon the exhaustion of any
temporary extended unemployment compensation (if such State has
entered into an agreement under the Temporary Extended
Unemployment Compensation Act of 2001), for individuals
eligible for regular compensation under the unemployment
compensation law of such State.
``(ii) Any additional compensation under clause (i) may not be
taken into account for purposes of any determination relating to the
amount of any extended compensation for which an individual might be
eligible.
``(C)(i) At the option of the State, cash benefits under this
paragraph may include amounts which shall be payable to 1 or more
categories of individuals not otherwise eligible for regular
compensation under the unemployment compensation law of such State,
including those described in clause (iii).
``(ii) The benefits paid under this subparagraph to any individual
may not, for any period of unemployment, exceed the maximum amount of
regular compensation authorized under the unemployment compensation law
of such State for that same period, plus any additional compensation
(described in subparagraph (B)(i)) which could have been paid with
respect to that amount.
``(iii) The categories of individuals described in this clause
include the following:
``(I) Individuals who are seeking, or available for, only
part-time (and not full-time) work.
``(II) Individuals who would be eligible for regular
compensation under the unemployment compensation law of such
State under an alternative base period.
``(D) Amounts transferred to a State account under this subsection
may be used in the payment of cash benefits to individuals only for
weeks of unemployment beginning after the date of enactment of this
subsection.
``(4) Amounts transferred to a State account under this subsection
may be used for the administration of its unemployment compensation law
and public employment offices (including in connection with benefits
described in paragraph (3) and any recipients thereof), subject to the
same conditions as set forth in subsection (c)(2) (excluding
subparagraph (B) thereof, and deeming the reference to `subsections (a)
and (b)' in subparagraph (D) thereof to include this subsection).
``(5) Transfers under this subsection shall be made by December 31,
2001, unless this paragraph is not enacted until after that date, in
which case such transfers shall be made within 10 days after the date
of enactment of this paragraph.''
(c) Limitations on Transfers.--Section 903(b) of the Social
Security Act shall apply to transfers under section 903(d) of such Act
(as amended by this section). For purposes of the preceding sentence,
such section 903(b) shall be deemed to be amended as follows:
(1) By substituting ``the transfer date described in
subsection (d)(5)'' for ``October 1 of any fiscal year''.
(2) By substituting ``remain in the Federal unemployment
account'' for ``be transferred to the Federal unemployment
account as of the beginning of such October 1''.
(3) By substituting ``fiscal year 2002 (after the transfer
date described in subsection (d)(5))'' for ``the fiscal year
beginning on such October 1''.
(4) By substituting ``under subsection (d)'' for ``as of
October 1 of such fiscal year''.
(5) By substituting ``(as of the close of fiscal year
2002)'' for ``(as of the close of such fiscal year)''.
(d) Technical Amendments.--(1) Sections 3304(a)(4)(B) and
3306(f)(2) of the Internal Revenue Code of 1986 are amended by
inserting ``or 903(d)(4)'' before ``of the Social Security Act''.
(2) Section 303(a)(5) of the Social Security Act is amended in the
second proviso by inserting ``or 903(d)(4)'' after ``903(c)(2)''.
(e) Regulations.--The Secretary of Labor may prescribe any
operating instructions or regulations necessary to carry out this
section and the amendments made by this section.
TITLE VIII--DISPLACED WORKER HEALTH INSURANCE CREDIT
SEC. 801. DISPLACED WORKER HEALTH INSURANCE CREDIT.
(a) In General.--Subchapter B of chapter 65 is amended by inserting
after section 6428 the following new section:
``SEC. 6429. DISPLACED WORKER HEALTH INSURANCE CREDIT.
``(a) In General.--In the case of an individual, there shall be
allowed as a credit against the tax imposed by subtitle A an amount
equal to 60 percent of the amount paid during the taxable year for
coverage for the taxpayer, the taxpayer's spouse, and dependents of the
taxpayer under qualified health insurance during eligible coverage
months.
``(b) Only 12 Eligible Coverage Months.--The number of eligible
coverage months taken into account under subsection (a) for all taxable
years shall not exceed 12.
``(c) Eligible Coverage Month.--For purposes of this section--
``(1) In general.--The term `eligible coverage month' means
any month during 2002 or 2003 if, as of the first day of such
month--
``(A) the taxpayer is unemployed,
``(B) the taxpayer is covered by qualified health
insurance,
``(C) the premium for coverage under such insurance
for such month is paid by the taxpayer, and
``(D) the taxpayer does not have other specified
coverage.
``(2) Special rules.--
``(A) Treatment of first month of employment.--The
taxpayer shall be treated as meeting the requirement of
paragraph (1)(A) for the first month beginning on or
after the date that the taxpayer ceases to be
unemployed by reason of beginning work for an employer.
``(B) Initial claim must be after march 15, 2001.--
The taxpayer shall not be treated as meeting the
requirement of paragraph (1)(A) with respect to any
unemployment if the initial claim for regular
compensation for such unemployment is filed on or
before March 15, 2001.
``(C) Joint returns.--In the case of a joint
return, the requirements of paragraph (1) shall be
treated as met if at least 1 spouse satisfies such
requirements.
``(3) Other specified coverage.--For purposes of this
subsection, an individual has other specified coverage for any
2000
month if, as of the first day of such month--
``(A) Subsidized coverage.--
``(i) In general.--Such individual is
covered under any qualified health insurance
under which at least 50 percent of the cost of
coverage (determined under section 4980B) is
paid or incurred by an employer (or former
employer) of the taxpayer or the taxpayer's
spouse.
``(ii) Treatment of cafeteria plans and
flexible spending accounts.--For purposes of
clause (i), the cost of benefits--
``(I) which are chosen under a
cafeteria plan (as defined in section
125(d)), or provided under a flexible
spending or similar arrangement, of
such an employer, and
``(II) which are not includible in
gross income under section 106,
shall be treated as borne by such employer.
``(B) Coverage under medicare, medicaid, or
schip.--Such individual--
``(i) is entitled to benefits under part A
of title XVIII of the Social Security Act or is
enrolled under part B of such title, or
``(ii) is enrolled in the program under
title XIX or XXI of such Act.
``(C) Certain other coverage.--Such individual--
``(i) is enrolled in a health benefits plan
under chapter 89 of title 5, United States
Code, or
``(ii) is entitled to receive benefits
under chapter 55 of title 10, United States
Code.
``(4) Determination of unemployment.--For purposes of
paragraph (1), an individual shall be treated as unemployed
during any period--
``(A) for which such individual is receiving
unemployment compensation (as defined in section
85(b)), or
``(B) for which such individual is certified by a
State agency (or by any other entity designated by the
Secretary) as otherwise being entitled to receive
unemployment compensation (as so defined) but for--
``(i) the termination of the period during
which such compensation was payable, or
``(ii) an exhaustion of such individual's
rights to such compensation.
``(d) Qualified Health Insurance.--For purposes of this section,
the term `qualified health insurance' means insurance which constitutes
medical care; except that such term shall not include any insurance if
substantially all of its coverage is of excepted benefits described in
section 9832(c).
``(e) Coordination With Advance Payments of Credit.--
``(1) Recapture of excess advance payments.--If any payment
is made by the Secretary under section 7527 during any calendar
year to a provider of qualified health insurance for an
individual, then the tax imposed by this chapter for the
individual's last taxable year beginning in such calendar year
shall be increased by the aggregate amount of such payments.
``(2) Reconciliation of payments advanced and credit
allowed.--Any increase in tax under paragraph (1) shall not be
treated as tax imposed by this chapter for purposes of
determining the amount of any credit (other than the credit
allowed by subsection (a)) allowable under part IV of
subchapter A of chapter 1.
``(f) Special Rules.--
``(1) Coordination with other deductions.--Amounts taken
into account under subsection (a) shall not be taken into
account in determining any deduction allowed under section
162(l) or 213.
``(2) MSA distributions.--Amounts distributed from an
Archer MSA (as defined in section 220(d)) shall not be taken
into account under subsection (a).
``(3) Denial of credit to dependents.--No credit shall be
allowed under this section to any individual with respect to
whom a deduction under section 151 is allowable to another
taxpayer for a taxable year beginning in the calendar year in
which such individual's taxable year begins.
``(4) Credit treated as refundable credit.--For purposes of
this title, the credit allowed under this section shall be
treated as a credit allowable under subpart C of part IV of
subchapter A of chapter 1.
``(5) Regulations.--The Secretary may prescribe such
regulations and other guidance as may be necessary or
appropriate to carry out this section and section 7527.''.
(b) Increased Access to Health Insurance for Individuals Eligible
for Tax Credit.--Notwithstanding any other provision of law, in
applying section 2741 of the Public Health Service Act (42 U.S.C.
300gg-41)) and any alternative State mechanism under section 2744 of
such Act (42 U.S.C.300gg-44)), in determining who is an eligible
individual (as defined in section 2741(b) of such Act) in the case of
an individual who may be covered by insurance for which credit is
allowable under section 6429 of the Internal Revenue Code of 1986 for
an eligible coverage month, if the individual seeks to obtain health
insurance coverage under such section during an eligible coverage month
under such section--
(1) paragraph (1) of such section 2741(b) shall be applied
as if any reference to 18 months is deemed a reference to 12
months, and
(2) paragraphs (4) and (5) of such section 2741(b) shall
not apply.
(c) Information Reporting.--
(1) In general.--Subpart B of part III of subchapter A of
chapter 61 (relating to information concerning transactions
with other persons) is amended by inserting after section 6050S
the following new section:
``SEC. 6050T. RETURNS RELATING TO DISPLACED WORKER HEALTH INSURANCE
CREDIT.
``(a) Requirement of Reporting.--Every person--
``(1) who, in connection with a trade or business conducted
by such person, receives payments during any calendar year from
any individual for coverage of such individual or any other
individual under qualified health insurance (as defined in
section 6429(d)), and
``(2) who claims a reimbursement for an advance credit
amount,
shall, at such time as the Secretary may prescribe, make the return
described in subsection (b) with respect to each individual from whom
such payments were received or for whom such a reimbursement is
claimed.
``(b) Form and Manner of Returns.--A return is described in this
subsection if such return--
``(1) is in such form as the Secretary may prescribe, and
``(2) contains--
``(A) the name, address, and TIN of each individual
referred to in subsection (a),
``(B) the aggregate of the advance credit amounts
provided to such individual and for which reimbursement
is claimed,
``(C) the number of months for which such advance
credit amounts are so provided, and
``(D) such other information as the Secretary may
prescribe.
``(c) Statements To Be Furnished to Individuals With Respect to
Whom Information Is Required.--Every person required to make a re
2000
turn
under subsection (a) shall furnish to each individual whose name is
required to be set forth in such return a written statement showing--
``(1) the name and address of the person required to make
such return and the phone number of the information contact for
such person, and
``(2) the information required to be shown on the return
with respect to such individual.
The written statement required under the preceding sentence shall be
furnished on or before January 31 of the year following the calendar
year for which the return under subsection (a) is required to be made.
``(d) Advance Credit Amount.--For purposes of this section, the
term `advance credit amount' means an amount for which the person can
claim a reimbursement pursuant to a program established by the
Secretary under section 7527.''
(2) Assessable penalties.--
(A) Subparagraph (B) of section 6724(d)(1)
(relating to definitions) is amended by redesignating
clauses (xi) through (xvii) as clauses (xii) through
(xviii), respectively, and by inserting after clause
(x) the following new clause:
``(xi) section 6050T (relating to returns
relating to displaced worker health insurance
credit),''.
(B) Paragraph (2) of section 6724(d) is amended by
striking ``or'' at the end of subparagraph (Z), by
striking the period at the end of subparagraph (AA) and
inserting ``, or'', and by adding after subparagraph
(AA) the following new subparagraph:
``(BB) section 6050T (relating to returns relating
to displaced worker health insurance credit).''returns
relating to payments for qualified health insurance).''
(3) Clerical amendment.--The table of sections for subpart
B of part III of subchapter A of chapter 61 is amended by
inserting after the item relating to section 6050S the
following new item:
``Sec. 6050T. Returns relating to
displaced worker health
insurance credit.''
(d) Conforming Amendments.--
(1) Paragraph (2) of section 1324(b) of title 31, United
States Code, is amended by inserting before the period ``, or
from section 6429 of such Code''.
(2) The table of sections for subchapter B of chapter 65 is
amended by adding at the end the following new item:
``Sec. 6429. Displaced worker health
insurance credit.''
(e) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2001.
SEC. 802. ADVANCE PAYMENT OF DISPLACED WORKER HEALTH INSURANCE CREDIT.
(a) In General.--Chapter 77 (relating to miscellaneous provisions)
is amended by adding at the end the following new section:
``SEC. 7527. ADVANCE PAYMENT OF DISPLACED WORKER HEALTH INSURANCE
CREDIT.
``(a) General Rule.--The Secretary shall establish a program for
making payments on behalf of eligible individuals to providers of
health insurance for such individuals.
``(b) Eligible Individual.--For purposes of this section, the term
`eligible individual' means any individual for whom a qualified health
insurance credit eligibility certificate is in effect.
``(c) Qualified Health Insurance Credit Eligibility Certificate.--
For purposes of this section, a qualified health insurance credit
eligibility certificate is a statement certified by a State agency (or
by any other entity designated by the Secretary) which--
``(1) certifies that the individual was unemployed (within
the meaning of section 6429) as of the first day of any month,
and
``(2) provides such other information as the Secretary may
require for purposes of this section.''
(c) Clerical Amendment.--The table of sections for chapter 77 is
amended by adding at the end the following new item:
``Sec. 7527. Advance payment of displaced
worker health insurance
credit.''
(c) Effective Date.--The amendments made by this section shall take
effect on the date of the enactment of this Act.
TITLE IX--EMPLOYMENT AND TRAINING ASSISTANCE AND TEMPORARY HEALTH CARE
COVERAGE ASSISTANCE
SEC. 901. EMPLOYMENT AND TRAINING ASSISTANCE AND TEMPORARY HEALTH CARE
COVERAGE ASSISTANCE.
(a) In General.--Section 173(a) of the Workforce Investment Act of
1998 (29 U.S.C. 2918(a)) is amended--
(1) in paragraph (2), by striking ``and'' at the end;
(2) in paragraph (3), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(4) to the Governor of any State or outlying area who
applies for assistance under subsection (f) to provide
employment and training assistance and temporary health care
coverage assistance to workers affected by major economic
dislocations, such as plant closures, mass layoffs, or multiple
layoffs, including those dislocations caused by the terrorist
attacks of September 11, 2001.''.
(b) Requirements.--Section 173 of the Workforce Investment Act of
1998 (29 U.S.C. 2918) is amended by adding at the end the following:
``(f) Additional Relief for Major Economic Dislocations.--
``(1) Grant recipient eligibility.--
``(A) In general.--To be eligible to receive a
grant under subsection (a)(4), a Governor shall submit
an application, for assistance described in
subparagraph (B), to the Secretary at such time, in
such manner, and containing such information as the
Secretary may require.
``(B) Types of assistance.--
``(i) In general.--Assistance described in
this subparagraph is--
``(I) employment and training
assistance, including employment and
training activities described in
section 134; and
``(II) temporary health care
coverage assistance described in
paragraph (4).
``(ii) Minimum allocation to temporary
health care coverage assistance.--Not less than
30 percent of the cost of assistance requested
in any application submitted under this
subsection shall consist of the cost for
temporary health care coverage assistance
described in paragraph (4).
``(iii) Encouragement of certain types of
health care coverage.--In publishing
requirements for applications under this
subsection, the Secretary shall encourage the
use of private health coverage alternatives.
``(C) Minimum award requirement for eligible states
and outlying areas.--
``(i) Requirements.--In any case in which
the requirements of this section are met in
connection with one or more applications of the
Governor of any State or outlying area for
assistance described in subparagraph (B), the
Governor--
2000
``(I) shall be awarded at least 1
grant under subsection (a)(4) pursuant
to such applications, and
``(II) except as provided in clause
(ii), shall be awarded not less than
$5,000,000 in total grants awarded
under (a)(4).
``(ii) Exception to minimum grant
requirements.--The Secretary may award to a
Governor a total amount less than the minimum
total amount specified in clause (i)(II), as
appropriate, if the Governor--
``(I) requests less than such
minimum total amount, or
``(II) fails to demonstrate to the
Secretary that there are a sufficient
number of eligible recipients to
justify the awarding of grants in such
minimum total amount.
``(2) State administration.--The Governor may designate one
or more local workforce investment boards or other entities
with the capability to respond to the circumstances relating to
the particular closure, layoff, or other dislocation to
administer the grant under subsection (a)(4).
``(3) Participant eligibility.--An individual shall be
eligible to receive assistance described in paragraph (1)(B)
under a grant awarded under subsection (a)(4) if such
individual is a dislocated worker and the Governor has
certified that a major economic dislocation, such as a plant
closure, mass layoff, or multiple layoff, including a
dislocation caused by the terrorist attacks of September 11,
2001, contributed importantly to the dislocation.
``(4) Temporary health care coverage assistance.--
``(A) In general.--Temporary health care coverage
assistance described in this paragraph consists of
health care coverage premium assistance provided to
qualified individuals under this paragraph with respect
to premiums for coverage for themselves, for their
spouses, for their dependents, or for any combination
thereof, other than premiums for excluded health
insurance coverage.
``(B) Qualified individuals.--For purposes of this
paragraph--
``(i) In general.--Subject to clause (ii),
a qualified individual is an individual who--
``(I) is a dislocated worker
referred to in paragraph (3) with
respect to whom the Governor has made
the certification regarding the
dislocation as required under such
paragraph, and
``(II) is receiving or has received
employment and training assistance as
described in paragraph (1)(B)(i)(I).
``(ii) Limitation.--An individual shall not
be treated as a qualified individual if--
``(I) such individual is eligible
for coverage under the program under
title XIX of the Social Security Act
applicable in the State or outlying
area, or
``(II) such individual is eligible
for coverage under the program under
title XXI of such Act applicable in the
State or outlying area,
unless such eligibility is effective solely in
connection with eligibility for health care
coverage premium assistance under a program
established by the Governor in connection with
temporary health care coverage assistance
received under this subsection.
``(iii) Construction.--
``(I) Permitting coverage through
enrollment in medicaid or schip.--
Nothing in this subsection shall be
construed as preventing a State from
using funds made available by reason of
subsection (a)(4) to provide health
care coverage through enrollment in the
program under title XIX (relating to
medicaid) or in the program under title
XXI (relating to SCHIP) of the Social
Security Act, but only in the case of
individuals who are not otherwise
eligible for coverage under either such
program.
``(II) Not affecting eligibility
for assistance.--An individual shall
not be treated for purposes of this
subsection as being eligible for
coverage under either such program (and
thereby not eligible for assistance
under this subsection) merely on the
basis that the State provides
assistance under this subsection
through coverage under either such
program.
``(C) Limitation on entitlement.--Nothing in this
subsection shall be construed as establishing any
entitlement of qualified individuals to premium
assistance under this subsection.
``(D) Concurrence and consultation.--In connection
with any temporary health care coverage assistance
provided pursuant to this paragraph--
``(i) if the Secretary determines that
health care coverage premium assistance
provided through title XIX or XXI of the Social
Security Act is a substantial component of the
assistance provided, the Secretary shall act in
concurrence with the Secretary of Health and
Human Services, and
``(ii) in any other case, the Secretary
shall consult with the Secretary of Health and
Human Services to the extent that such
assistance affects programs administered by or
under the Secretary of Health and Human
Services.
``(E) Use of funds.--Temporary health care coverage
assistance provided pursuant to this subsection shall
supplement and may not supplant any other State or
local funds used to provide health care coverage and
may not be included in determining the amount of non-
Federal contributions required under any program.
``(F) Definitions.--For purposes of this
paragraph--
2000
``(i) Excluded health care coverage.--The
term `excluded health care coverage' means
coverage under--
``(I) title XVIII of the Social
Security Act,
``(II) chapter 55 of title 10,
United States Code,
``(III) chapter 17 of title 38,
United States Code,
``(IV) chapter 89 of title 5,
United States Code (other than coverage
which is comparable to continuation
coverage under section 4980B of the
Internal Revenue Code of 1986), or
``(V) the Indian Health Care
Improvement Act.
Such term also includes coverage under a
qualified long-term care insurance contract and
excepted benefits described in section 733(c)
of the Employee Retirement Income Security Act
of 1974.
``(ii) Premium.--The term `premium' means,
in connection with health care coverage, the
premium which would (but for this section) be
charged for the cost of coverage.
``(5) Appropriations.--
``(A) In general.--There is hereby appropriated,
from any amounts in the Treasury not otherwise
appropriated, $4,000,000,000 for the period consisting
of fiscal years 2002, 2003, and 2004 for the award of
grants under subsection (a)(4) in accordance with this
section.
``(B) Availability.--Amounts appropriated pursuant
to subparagraph (A) for each fiscal year--
``(i) are in addition to amounts made
available under section 132(a)(2)(A) or any
other provision of law to carry out this
section; and
``(ii) notwithstanding section 189(g)(1),
shall remain available for obligation by the
Secretary from the date of the enactment of
this subsection through each succeeding fiscal
year, except that, notwithstanding section
189(g)(2), no funds are hereby available for
expenditure after June 30, 2004.''.
TITLE X--TEMPORARY STATE HEALTH CARE ASSISTANCE
SEC. 1001. TEMPORARY STATE HEALTH CARE ASSISTANCE.
(a) In General.--Title XXI of the Social Security Act is amended by
adding at the end the following new section:
``SEC. 2111. TEMPORARY STATE HEALTH CARE ASSISTANCE.
``(a) In General.--For the purpose of providing allotments to
States under this section, there are hereby appropriated, out of any
funds in the Treasury not otherwise appropriated, $4,599,667,448. Such
funds shall be available for expenditure by the State through the end
of 2002. This section constitutes budget authority in advance of
appropriations Acts and represents the obligation of the Federal
Government to provide for the payment to States of amounts provided
under this section.
``(b) Allotment.--Funds appropriated under subsection (a) shall be
allotted by the Secretary among the States in accordance with the
following table:
------------------------------------------------------------------------
``State Allotment (in dollars)
------------------------------------------------------------------------
Alabama 50,746,770
Alaska 31,934,026
Arizona 68,594,677
Arkansas 38,203,601
California 482,591,746
Colorado 37,469,775
Connecticut 60,039,005
Delaware 10,355,807
District of Columbia 18,321,834
Florida 164,619,369
Georgia 118,754,564
Hawaii 12,827,163
Idaho 13,031,700
Illinois 175,505,956
Indiana 66,067,368
Iowa 31,521,201
Kansas 27,288,967
Kentucky 82,759,133
Louisiana 83,907,301
Maine 22,650,838
Maryland 60,347,066
Massachusetts 121,971,140
Michigan 156,479,213
Minnesota 113,966,453
Mississippi 55,335,225
Missouri 74,675,436
Montana 10,224,652
Nebraska 31,582,786
Nevada 14,695,973
New Hampshire 15,482,962
New Jersey 115,880,093
New Mexico 39,204,714
New York 573,999,663
North Carolina 189,333,723
North Dakota 8,915,675
Ohio 166,006,936
Oklahoma 48,914,626
Oregon 71,160,353
Pennsylvania 227,183,255
Rhode Island 45,001,680
South Carolina 94,789,740
South Dakota 19,951,788
Tennessee 102,845,128
Texas 289,526,532
Utah 30,860,915
Vermont 10,291,090
Virginia 67,232,217
Washington 110,377,264
West Virginia 31,120,804
Wisconsin 93,089,086
Wyoming 12,030,459
------------------------------------------------------------------------
``(c) Use of Funds.--
``(1) In general.--Funds appropriated under this section
may be used by a State only to provide health care items and
services (other than types of items and services for which
Federal financial participation is prohibited under this title
or title XIX).
``(2) Limitation.--Funds so appropriated may not be used to
match other Federal expenditures or in any other manner that
results in the expenditure of Federal funds in excess of the
amounts provided under this section.
``(d) Payment to States.--Funds made available under this section
shall be paid to the States in a form and manner and time specified by
the Secretary, based upon the submission of such information as the
Secretary may require. There is no requirement for the expenditure of
any State funds in order to qualify for receipt of funds under this
section. The previous sections of this title shall not apply with
respect to funds provided under this section.
``(e) Definition.--For purposes of this section, the term `State'
means the 50 States and the District of Columbia.''.
(b) Repeal.--Effective as of January 1, 2003, section 2111 of the
Social Security Act, as inserted by subsection (a), is repealed.
TITLE XI--SOCIAL SECURITY HELD HARMLESS; BUDGETARY TREATMENT OF ACT
SEC. 1101. NO IMPACT ON SOCI
bb1
AL SECURITY TRUST FUNDS.
(a) In General.--Nothing in this Act (or an amendment made by this
Act) shall be construed to alter or amend title II of the Social
Security Act (or any regulation promulgated under that Act).
(b) Transfers.--
(1) Estimate of secretary.--The Secretary of the Treasury
shall annually estimate the impact that the enactment of this
Act has on the income and balances of the trust funds
established under section 201 of the Social Security Act (42
U.S.C. 401).
(2) Transfer of funds.--If, under paragraph (1), the
Secretary of the Treasury estimates that the enactment of this
Act has a negative impact on the income and balances of the
trust funds established under section 201 of the Social
Security Act (42 U.S.C. 401), the Secretary shall transfer, not
less frequently than quarterly, from the general revenues of
the Federal Government an amount sufficient so as to ensure
that the income and balances of such trust funds are not
reduced as a result of the enactment of this Act.
SEC. 1102. EMERGENCY DESIGNATION.
Congress designates as emergency requirements pursuant to section
252(e) of the Balanced Budget and Emergency Deficit Control Act of 1985
the following amounts:
(1) An amount equal to the amount by which revenues are
reduced by this Act below the recommended levels of Federal
revenues for fiscal year 2002, the total of fiscal years 2002
through 2006, and the total of fiscal years 2002 through 2011,
provided in the conference report accompanying H. Con. Res. 83,
the concurrent resolution on the budget for fiscal year 2002.
(2) Amounts equal to the amounts of new budget authority
and outlays provided in this Act in excess of the allocations
under section 302(a) of the Congressional Budget Act of 1974 to
the Committee on Finance of the Senate for fiscal year 2002,
the total of fiscal years 2002 through 2006, and the total of
fiscal years 2002 through 2011.
Passed the House of Representatives December 20
(legislative day, December 19), 2001.
Attest:
JEFF TRANDAHL,
Clerk.
Calendar No. 308
107th CONGRESS
2d Session
H. R. 3529
_______________________________________________________________________
AN ACT
To provide tax incentives for economic recovery and assistance to
displaced workers.
_______________________________________________________________________
January 23, 2002
Read the second time and placed on the calendar
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