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119th Congress

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119th Congress

Title 26 — Internal Revenue Code

Part VIII · Chapter 61 — Information and Returns

§ 6096. Designation by individuals

Statutory text

(a)

In general

Every individual (other than a nonresident alien) whose income tax liability for the taxable year is $3 or more may designate that $3 shall be paid over to the Presidential Election Campaign Fund in accordance with the provisions of section 9006(a). In the case of a joint return of husband and wife having an income tax liability of $6 or more, each spouse may designate that $3 shall be paid to the fund.

(b)

Income tax liability

For purposes of subsection (a), the income tax liability of an individual for any taxable year is the amount of the tax imposed by chapter 1 on such individual for such taxable year (as shown on his return), reduced by the sum of the credits (as shown in his return) allowable under part IV of subchapter A of chapter 1 (other than subpart C thereof).

(c)

Manner and time of designation

A designation under subsection (a) may be made with respect to any taxable year—

(1)

at the time of filing the return of the tax imposed by chapter 1 for such taxable year, or

(2)

at any other time (after the time of filing the return of the tax imposed by chapter 1 for such taxable year) specified in regulations prescribed by the Secretary.

Such designation shall be made in such manner as the Secretary prescribes by regulations except that, if such designation is made at the time of filing the return of the tax imposed by chapter 1 for such taxable year, such designation shall be made either on the first page of the return or on the page bearing the taxpayer’s signature.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Presidential Election Campaign Fund Act of 1966

    Pub. L. 89–809 title III § 302(a) · 80 Stat. 1539

    Enacted · 26 U.S.C. § 6096

    Added Pub. L. 89–809, title III, § 302(a), Nov. 13, 1966, 80 Stat. 1587

    Source evidence

    Code source credit
    Added Pub. L. 89–809, title III, § 302(a), Nov. 13, 1966, 80 Stat. 1587

    Enacted provision · exact public law section
    (a) Subchapter A of chapter 61 of the Internal Revenue Code of 68A Stat. 731. 26 USC 6001–6091. 1954 (relating to returns and records) is amended by adding at the end thereof the following new part: “PART VIII— DESIGNATION OF INCOME TAX PAYMENTS TO PRESIDENTIAL ELECTION CAMPAIGN FUND “Sec. 6096. Designation by individuals. “SEC. 6096. DESIGNATION BY INDIVIDUALS. “(a) In General.— Every individual (other than a nonresident alien) whose income tax liability for any taxable year is $1 or more may designate that $1 shall be paid into the Presidential Election Campaign Fund established by section 303 of the Presidential Election Campaign Fund Act of 1966. “(b) Income Tax Liability.— For purposes of subsection (a), the income tax liability of an individual for any taxable year is the amount of the tax imposed by chapter 1 on such individual for such 26 USC 1–1388. taxable year (as shown on his return), reduced by the sum of the credits (as shown in his return) allowable under sections 32(2), 33, 35, 37, and 38. 76 Stat. 962. “(c) Manner and Time of Designation.— A designation under subsection (a) may be made with respect to any taxable year, in such manner as the Secretary or his delegate may prescribe by regulations— “(1) at the time of filing the return of the tax imposed by chapter 1 for such taxable year, or “(2) at any other time (after the time of filing the return of the tax imposed by chapter 1 for such taxable year) specified in regulations prescribed by the Secretary or his delegate.”

  2. Revenue Act of 1971

    Pub. L. 92–178 title VIII § 802(a) · 85 Stat. 494

    Substituted · 26 U.S.C. § 6096(a)

    Pub. L. 92–178 substituted “$1 shall be paid over to the Presidential Election Campaign Fund for the account of the candidates of any specified political party for President and Vice President of the United States, or if no specific account is designated by such individual, for a general account for all candidates for election to the offices of President and Vice President of the United States, in accordance with the provisions of section 9006(a)(1)” for “$1 shall be paid into the Presidential Election Campaign Fund established by section 303 of the Presidential Election Campaign Fund Act of 1966” and provided, in the case of a joint return of husband and wife having an income tax liability of $2 or more, that each spouse may designate that $1 shall be paid to any such account in the fund

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 92–178 substituted “$1 shall be paid over to the Presidential Election Campaign Fund for the account of the candidates of any specified political party for President and Vice President of the United States, or if no specific account is designated by such individual, for a general account for all candidates for election to the offices of President and Vice President of the United States, in accordance with the provisions of section 9006(a)(1)” for “$1 shall be paid into the Presidential Election Campaign Fund established by section 303 of the Presidential Election Campaign Fund Act of 1966” and provided, in the case of a joint return of husband and wife having an income tax liability of $2 or more, that each spouse may designate that $1 shall be paid to any such account in the fund.

    Enacted provision · exact public law section
    (a) Designation of Income Tax Payments to Presidential Election Campaign Fund— Effective with respect to taxable years ending on or after December 31, 1972, section 6096(a) (relating to 80 Stat. 1587. 26 USC 6096. designation of income tax payments to the presidential election campaign fund) is amended to read as follows: “(a) In General.— Every individual (other than a nonresident alien) whose income tax liability for any taxable year is $1 or more may designate that $1 shall be paid over to the Presidential Election Campaign Fund for the account of the candidates of any specified political party for President and Vice President of the United States, or if no specific account is designated by such individual, for a general account for all candidates for election to the offices of President and Vice President of the United States, in accordance with the provisions of section 9006(a) (1). In the case of a joint return of husband and Ante, p. 567. wife having an income tax liability of $2 or more, each spouse may designate that $1 shall be paid to any such account in the fund.”

  3. Pub. L. 93–53 § 6(a) · 87 Stat. 134

    1. Struck · 26 U.S.C. § 6096(a)

      Pub. L. 93–53 struck out “for the account of the candidates of any specified political party for President and Vice President of the United States, or if no specific account is designated by such individual, for a general account for all candidates for election to the offices of President and Vice President of the United States,” after “Fund”

    2. Substituted · 26 U.S.C. § 6096(a)

      Pub. L. 93–53 substituted “section 9006(a)” for “section 9006(a)(1)”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 93–53 struck out “for the account of the candidates of any specified political party for President and Vice President of the United States, or if no specific account is designated by such individual, for a general account for all candidates for election to the offices of President and Vice President of the United States,” after “Fund” and substituted “section 9006(a)” for “section 9006(a)(1)”.

    Enacted provision · exact public law section
    (a) Section 6096 of the Internal Revenue Code of 1954 (relating to designation by individuals of income tax payments to Presidential Election Campaign Fund) is amended to read as follows: “SEC. 6096. DESIGNATION BY INDIVIDUALS. “(a) In General.— Every individual (other than a nonresident alien) whose income tax liability for the taxable year is $1 or more may designate that $1 shall be paid over to the Presidential Election Infra. Campaign Fund in accordance with the provisions of section 9006(a). In the case of a joint return of husband and wife having an income tax liability of $2 or more, each spouse may designate that $1 shall be paid to the fund. “(b) Income Tax Liability.— For purposes of subsection (a), the income tax liability of an individual for any taxable year is the amount of the tax imposed by chapter 1 on such individual for such taxable year (as shown on his return), reduced by the sum of the credits (as shown in his return) allowable under sections 33, 37, 38, 68A Stat. 13. 85 Stat. 553, 560 40, and 41, “(c) Manner and Time of Designation.— A designation under subsection (a) may be made with respect to any taxable year— “(1) at the time of filing the return of the tax imposed by chapter 1 for such taxable year, or “(2) at any other time (after the time of filing the return of the tax imposed by chapter 1 for such taxable year) specified in regulations prescribed by the Secretary or his delegate. Such designation shall be made in such manner as the Secretary or his delegate prescribes by regulations except that, if such designation is made at the time of filing the return of the tax imposed by chapter 1 for such taxable year, such designation shall be made either on the first page of the return or on the page bearing the taxpayers signature.”

  4. Pub. L. 93–53 § 6(a) · 87 Stat. 134

    1. Struck · 26 U.S.C. § 6096(b)

      Pub. L. 93–53 struck out reference to sections 32(2) and 35

    2. Inserted · 26 U.S.C. § 6096(b)

      Pub. L. 93–53 inserted reference to sections 40 and 41

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 93–53 struck out reference to sections 32(2) and 35, and inserted reference to sections 40 and 41.

    Enacted provision · exact public law section
    (a) Section 6096 of the Internal Revenue Code of 1954 (relating to designation by individuals of income tax payments to Presidential Election Campaign Fund) is amended to read as follows: “SEC. 6096. DESIGNATION BY INDIVIDUALS. “(a) In General.— Every individual (other than a nonresident alien) whose income tax liability for the taxable year is $1 or more may designate that $1 shall be paid over to the Presidential Election Infra. Campaign Fund in accordance with the provisions of section 9006(a). In the case of a joint return of husband and wife having an income tax liability of $2 or more, each spouse may designate that $1 shall be paid to the fund. “(b) Income Tax Liability.— For purposes of subsection (a), the income tax liability of an individual for any taxable year is the amount of the tax imposed by chapter 1 on such individual for such taxable year (as shown on his return), reduced by the sum of the credits (as shown in his return) allowable under sections 33, 37, 38, 68A Stat. 13. 85 Stat. 553, 560 40, and 41, “(c) Manner and Time of Designation.— A designation under subsection (a) may be made with respect to any taxable year— “(1) at the time of filing the return of the tax imposed by chapter 1 for such taxable year, or “(2) at any other time (after the time of filing the return of the tax imposed by chapter 1 for such taxable year) specified in regulations prescribed by the Secretary or his delegate. Such designation shall be made in such manner as the Secretary or his delegate prescribes by regulations except that, if such designation is made at the time of filing the return of the tax imposed by chapter 1 for such taxable year, such designation shall be made either on the first page of the return or on the page bearing the taxpayers signature.”

  5. Pub. L. 93–53 § 6(a) · 87 Stat. 134

    Amended · 26 U.S.C. § 6096(c)

    Pub. L. 93–53 provided that if designation is made at the time of filing the return of the tax imposed by chapter 1 for the taxable year, the designation shall be made either on the first page of the return or on the page bearing the taxpayer’s signature

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 93–53 provided that if designation is made at the time of filing the return of the tax imposed by chapter 1 for the taxable year, the designation shall be made either on the first page of the return or on the page bearing the taxpayer’s signature.

    Enacted provision · exact public law section
    (a) Section 6096 of the Internal Revenue Code of 1954 (relating to designation by individuals of income tax payments to Presidential Election Campaign Fund) is amended to read as follows: “SEC. 6096. DESIGNATION BY INDIVIDUALS. “(a) In General.— Every individual (other than a nonresident alien) whose income tax liability for the taxable year is $1 or more may designate that $1 shall be paid over to the Presidential Election Infra. Campaign Fund in accordance with the provisions of section 9006(a). In the case of a joint return of husband and wife having an income tax liability of $2 or more, each spouse may designate that $1 shall be paid to the fund. “(b) Income Tax Liability.— For purposes of subsection (a), the income tax liability of an individual for any taxable year is the amount of the tax imposed by chapter 1 on such individual for such taxable year (as shown on his return), reduced by the sum of the credits (as shown in his return) allowable under sections 33, 37, 38, 68A Stat. 13. 85 Stat. 553, 560 40, and 41, “(c) Manner and Time of Designation.— A designation under subsection (a) may be made with respect to any taxable year— “(1) at the time of filing the return of the tax imposed by chapter 1 for such taxable year, or “(2) at any other time (after the time of filing the return of the tax imposed by chapter 1 for such taxable year) specified in regulations prescribed by the Secretary or his delegate. Such designation shall be made in such manner as the Secretary or his delegate prescribes by regulations except that, if such designation is made at the time of filing the return of the tax imposed by chapter 1 for such taxable year, such designation shall be made either on the first page of the return or on the page bearing the taxpayers signature.”

  6. Tax Reduction Act of 1975

    Pub. L. 94–12 title II · 89 Stat. 26

    Inserted · 26 U.S.C. § 6096(b)

    Pub. L. 94–12 inserted reference to sections 42 and 44

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 94–12 inserted reference to sections 42 and 44.

    Enacted provision · exact public law
    TITLE II— REDUCTIONS IN INDIVIDUAL INCOME TAXES SEC. 201. INCREASE IN LOW INCOME ALLOWANCE. (a) In General.— Subsection (c) of section 141 (relating to low income allowance) is amended to read as follows: “(c) Low Income Allowance.— The low income allowance is— “(1) $1,900 in the case of— “(A) a joint return under section 6013, or “(B) a surviving spouse (as defined in section 2(a)), “(2) $1,600 in the case of an individual who is not married and who is not a surviving spouse (as so defined), or “(3) $950 in the case of a married individual filing a separate return.” (b) Change in Filing Requirements To Reflect Increase in Low Income Allowance.— So much of paragraph (1) of section 6012(a) (relating to persons required to make returns of income) as 26 USC 6012. precedes subparagraph (C) thereof is amended to read as follows: “(1) (A) Every individual having for the taxable year a gross income of $750 or more, except that a return shall not be required of an individual (other than an individual referred to in section 142(b))— 26 USC 142. “(i) who is not married (determined by applying section 143), is not a surviving spouse (as defined in section 2(a)), 26 USC 143, 2. and for the taxable year has a gross income of less than $2,350, “(ii) who is a surviving spouse (as so defined) and for the taxable year has a gross income of less than $2,650, or “(iii) who is entitled to make a joint return under section 6013 and whose gross income, when combined with the gross 26 USC 6013. income of his spouse, is, for the taxable year, less than $3,400 but only if such individual and his spouse, at the close of the taxable year, bad the same household as their home. Clause (iii) shall not apply if for the taxable year such spouse makes a separate return or any other taxpayer is entitled to an exemption for such spouse under section 151 (e). 26 USC 151. “(B) The amount specified in clause (i) or (ii) of subparagraph (A) shall be increased by $750 in the case of an individual entitled to an additional personal exemption under section 151(c)(1), and the amount specified in clause (iii) of subparagraph (A) shall be increased by $750 for each additional personal exemption to which the individual or his spouse is entitled under section 151(c);”. (c) Change in Optional Tax Tables.— Section 3 (relating to 26 USC 3. optional tax tables) is amended by striking out “$10,000” and by inserting in lieu thereof “$15,000”. SEC. 202. INCREASE IN PERCENTAGE STANDARD DEDUCTION. (a) Increase.— Subsection (b) of section 141 (relating to percentage 26 USC 141. standard deduction) is amended to read as follows: “(b) Percentage Standard Deduction.— The percentage standard deduction is an amount equal to 16 percent of adjusted gross income but not to exceed— “(1) $2,600 in the case of— “(A) a joint return under section 6013, or “(B) a surviving spouse (as defined in section 2(a)), “(2) $2,300 in the case of an individual who is not married and who is not a surviving spouse (as so defined), or “(3) $1,300 in the case of a married individual filing a separate return.” (b) Conforming Amendment.— Subparagraph (B) of section 3402 (m)(1) (relating to withholding allowances based on itemized deductions) 26 USC 3402. is amended to read as follows: “(B) an amount equal to the lesser of (i) 16 percent of his estimated wages, or (ii) $2,600 ($2,300 in the case of an individual who is not married (within the meaning of section 143) and who is not a surviving spouse (as defined in section 2(a))).” SEC. 293. TAX CREDIT FOR PERSONAL EXEMPTIONS. (a) In General.— Subpart A of part VI of subchapter A of chapter 1 (relating to credits allowable against tax) is amended by redesignating section 42 as section 43 and by inserting after section 41 the following 26 USC 42. new section: “SEC. 42. CREDIT FOR PERSONAL EXEMPTIONS. “(a) General Rule.— In the case of an individual, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year $30, multiplied by each exemption for which the taxpayer is entitled for the taxable year under subsection (b) or (e) of section 26 USC 151. 151. “(b) Application With Other Credits.— The credit allowed by subsection (a) shall not exceed the amount of the tax imposed by this chapter for the taxable year. In determining the credits allowed under— “(1) section 33 (relating to foreign tax credit), “(2) sections? (relating to retirement income), “(3) section 38 (relating to investment in certain depreciable property). “(4) section 40 (relating to expenses of work incentive programs), and “(5) section 41 (relating to contributions to candidates for public office), the tax imposed by this chapter shall (before any other reductions) be reduced by the credit allowed by this section.” (b) Technical and Clerical Amendments.— (1) The table of sections for such subpart is amended by striking out the last item and inserting in lieu thereof the following: “Sec. 42. Credit for personal exemptions. “Sec. 43. Overpayments of tax.” (2) Section 56(a)(2) (relating to imposition of minimum tax) is amended by striking out “and” at the end of clause (iv), by striking out “; and” at I he end of clause (v) and inserting in lieu thereof “, and”, and by inserting after clause (v) the following new clause: “(vi) section 42 (relating to credit for personal exemptions); and”. (3) Section 56(c)(1) (relating to tax carryovers) is amended by striking out “and” at the end of subparagraph (D), by striking out “exceed” at the end of subparagraph (E) and inserting in lieu thereof “and”, and by inserting after subparagraph (E) the following new subparagraph: “(F) section 42 (relating to credit for personal exemptions), exceed”. (4) Section 6096(b) (relating to designation of income tax payments to Presidential Election Campaign Fund) is amended by striking out “and 41” and inserting in lieu thereof “41, and 42”. SEC. 204. CREDIT FOR CERTAIN EARNED INCOME. (a) Allowance of Credit.— Subpart A of part IV of subchapter A of chapter 1 (relating to credits against tax) is amended by redesignating section 43 as section 44, and by inserting after section 42 the following new section: “SEC. 43. EARNED INCOME. “(a) Allowance of Credit.— In the case of an eligible individual, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to 10 percent of so much of the earned income for the taxable year as does not exceed $4,000. “(b) Limitation.— The amount of the credit allowable to a taxpayer under subsection (a) for any taxable year shall be reduced (but not below zero) by an amount equal to 10 percent of so much of the adjusted gross income (or, if greater, the earned income) of the taxpayer for the taxable year as exceeds $4,000. “(c) Definitions.— For purposes of this section— “(1) Eligible individual.— The term ‘eligible individual’ means an individual who, for the taxable year— “(A) maintains a household (within the meaning of section 214(b)(3)) in the United States which is the principal place 26 USC 214. of amide of that individual and of a child of that individual with respect to whom he is entitled to claim a deduction under section 151(e)(1)(B) (relating to additional exemption for 26 USC 151. dependents), and “(B) is not entitled to exclude any amount from gross income under section 911 (relating to earned income from 26 USC 911. 26 USC 931. sources without the United States) or section 931 (relating to income from sources within the possessions of the United States). “(2) Earned income.— “(A) The term ‘earned income’ means— “(i) wages, salaries, tips, and other employee compensation, plus “(ii) the amount of the taxpayer’s net earnings from self-employment for the taxable year (within the meaning of section 1402(a)). 26 USC 1402. “(B) For purposes of subparagraph (A)— “(i) except as provided in clause (ii), any amount shall be taken into account only if such amount is includible in the gross income of the taxpayer for the taxable year, _ “(ii) the earned income of an individual shall be computed without regard to any community property laws, “(iii) no amount received as a pension or annuity shall be taken into account, and “(iv) no amount to which section 871(a) applies 26 USC 871. (relating to income of nonresident alien individuals not connected with United States business) shall be taken into account. “(d) Married Individuals.— In the case of an individual who is married (within the meaning of section 143), this section shall apply 26 USC 143. 26 USC 6013. only if a joint return is filed for the taxable year under section 6013. “(e) Taxable Year Must Be Full Taxable Year.— Except in the case, of a taxable year closed by reason of the death of the taxpayer, no credit shall be allowable under this section in the case of a taxable year covering a period of less than 12 months.” (b) Refund To Be Made Where Credit Exceeds Li ability for Tax.— (1) Section 6401(b) (relating to excessive credits) 26 USC 6401. is amended— (A) by inserting “43 (relating to earned income credit),” before “and 667(b)”; and Ante, p. 30. (B) by striking out “and 39” and inserting in lieu thereof a comma and “, 39, and 43”. 26 USC 39. 26 USC 6201. (2) Section 6201(a)(4) (relating to assessment authority) is amended by— (A) inserting “or 43” after “section 39” in the caption of such section; and (B) striking out “oil),” and inserting in lien thereof “oil) or section 43 (relating to earned income),”. (c) Clerical Amendment.— The table of sections for such subpart is amended by striking out the last item and inserting in lieu thereof the following: “Sec. 43. Credit fur certain earned income. “Sec. 44. Overpayments of tax.” SEC. 235. WITHHOLDING TAX. (a) Requirement of Withholding.— Subsection (a) of section 26 USC 3402. 3402 (relating to income tax collected at source) is amended to read as follows: “(a) Requirement of Withholding.— Except as otherwise provided in this section, every employer making payment of wages snail deduct and withhold upon such wages a tax determined in accordance with tables prescribed by the Secretary or his delegate. The tables so prescribed shall be the same as the tables contained in this subsection as in effect on January 1, 1975, except that the amounts set forth as amounts of income tax to be withheld with respect to wages paid after April 30, 1975, and before January 1, 1976, shall reflect the full calendar year effect for 1975 of the amendments made by sections 201, 202, 203, and 204 of the Tax Reduction Act of 1975. For purposes of “The amount of wages.” applying such tables, the term ‘the amount of wages’ means the amount by which the wages exceed the number of withholding exemptions claimed, multiplied by the amount, of one such exemption as shown in the table in subsection (b)(1) (b) Conforming Amendment.— Section 3402(c)(6) (relating to wage bracket withholding) is amended by striking out “table 7 contained in subsection (a)” and inserting in lieu thereof “the table for an annual payroll period prescribed pursuant to subsection (a)”. SEC. 206. INCREASE IN INCOME LIMITATION APPLICABLE TO CHILD AND DEPENDENT CARE DEDUCTION. 26 USC 214. Section 214 (relating to expenses for household and dependent care services necessary for gainful employment) is amended by striking out “$18,000” each place it appears in subsection (d) and inserting in lieu thereof “$35,000”. SEC. 207. EXTENSION OF PERIOD FOR REPLACING OLD RESIDENCE FOR PURPOSES OF NONRECOGNITION OF GAIN UNDER SECTION 1034. (a) One-Year Period Increased to 18 Months.— (1) Subsections (a), (c)(4), (c)(5), (d), and (h) of section 26 USC 1034. 1034 (relating to nonrecognition of gain on sale or exchange of residence) are each amended by striking out “1 year” each place it appears and inserting in lieu thereof “18 months”. (2) Subsection (c)(5) of section 1034 is amended by striking out “one year” and inserting in lieu thereof “18 months”. (b) 18-Month Period for Constructing New Residence Increased to 2 Years.— Subsection (c)(5) of section 1034 is amended by striking out “18 months” and inserting in lieu thereof “2 years”. SEC. 208. CREDIT FOR PURCHASE OF NEW PRINCIPAL RESIDENCE. (a) Allowance of Credit.— Subpart A of part IV of subchapter A of chapter 1 (relating to credits allowed) is amended by redesignating section 44 as section 45 and by inserting after section 43 the following new section: “SEC. 44. PURCHASE OF NEW PRINCIPAL RESIDENCE. “(a) General Rule.— In the ease of an individual there is allowed, as a credit against the tax imposed by this chapter for the taxable year, an amount equal to 5 percent of the purchase price of a new principal residence purchased or constructed by the taxpayer. “(b) Limitations.— “(1) Maximum credit.— The credit allowed under subsection (a) may not exceed $2,000. “(2) Limitation to one residence.— The credit under this section shall be allowed with respect to only one residence of the taxpayer. “(3) Married individuals.— In the case of a husband and wife who file a joint return under section 6013, the amount specified 26 USC 6013. under paragraph (1) shall apply to the joint return. In the case of a married individual filing a separate return, paragraph (1) shall be applied by substituting ‘$1,000’ for ‘$2,000’. “(4) Certain other taxpayers.— In the case of individuals to whom paragraph (3) does not apply who together purchase the same new principal residence for use as their principal residence, the amount of the credit allowed under subsection (a) shall be allocated among such individuals as prescribed by the Secretary or his delegate, but the sum of the amounts allowed to such individuals shall not exceed $2,000 with respect to that residence. “(5) Application with other credits.— The credit allowed by subsection (a) shall not exceed the amount of the tax imposed by this chapter for the taxable year, reduced by the sum of the credits allowable under sections 33, 37, 38, 40, 41, and 42. 26 USC 33, 37, 38, 40, 41, 42. “(c) Definitions.— For purposes of this section— “(1) New principal residence.— The term ‘new principal residence’ means a principal residence (within the meaning of section 1034), the original use of which commences with the taxpayer, 26 USC 1034. and includes, without being limited to a single family structure, a residential unit, in a condominium or cooperative housing project, and a mobile home. “(2) Purchase price.— The term ‘purchase price’ means the adjusted basis of the new principal residence on the date of the acquisition thereof. “(3) Purchase.— The term ‘purchase’ means any acquisition of property, but only if— “(A) the property is not acquired from a person whose relationship to the person acquiring it would result in the disallowance of losses under section 267 or 707(b) (but, in 26 USC 267, 707. applying section 267 (b) and (c) for purposes of this section, paragraph (4) of section 267(c) shall be treated as providing that the family of an individual shall include only his spouse, ancestors, and lineal descendants), and “(B) the basis of the property in the hands of the person acquiring it is not determined— “(i) in whole or in part by reference to the adjusted basis of such property in the hands of the person from whom acquired, or “(ii) under section 1014(a) (relating to property 26 USC 1014. acquired from a decedent). “(d) Recapture for Certain Dispositions.— “(1) In general.— Except as provided in paragraphs (2) and (3), if the taxpayer disposes of property with respect to the purchase of which a credit was allowed under subsection (a) at any time within 36 months after the date on which he acquired it (or, in the case of construction by the taxpayer, on the day on which he first occupied it) as his principal residence, then the tax imposed under this chapter for the taxable year in which termi-nates the replacement period under paragraph (2) with respect to the disposition is increased by an amount equal to the amount allowed as a credit for the purchase of such property. “(2) Acquisition of new residence.— If, in connection with a disposition described in paragraph (1) and within the applicable Ante, p. 32. period prescribed in section 1034, the taxpayer purchases or constructs a new principal residence, then the provisions of paragraph (1) shall not apply and the tax imposed by this chapter for the taxable year following the taxable year during which disposition occurs is increased by an amount which bears the same ratio to the amount allowed as a credit for the purchase of the old residence as (A) the adjusted sales price of the old residence (within the meaning of section 1034), reduced (but not below zero) by the taxpayer’s cost of purchasing the new residence (within 26 USC 1034. the meaning of such section) bears to (B) the adjusted sales price of the old residence. “(3) Death of owner; casualty loss; involuntary conversion; etc.— The provisions of paragraph (1) do not apply to— “(A) a disposition of a residence made on account of the death of any individual having a legal or equitable interest therein occurring during the 36 month period to which reference is made under such paragraph, “(B) a disposition of the old residence if it is substantially or completely destroyed by a casualty described hi section 26 USC 165. 26 USC 1033. 165(c)(3) or compulsorily and involuntarily converted (within the meaning of section 1033(a)), or “(C) a disposition pursuant to a settlement in a divorce or legal separation proceeding where the other spouse retains the residence as principal residence. “(e) Property to Which Section Applies.— “(1) In general.— The provisions of this section apply to a new principal residence— “(A) the construction of which began before March 26, 1975, “(B) which is acquired and occupied by the taxpayer after March 12, 1975, and before January 1, 1977, and “(C) if not constructed by the taxpayer, which was acquired by the taxpayer under a binding contract entered into by the taxpayer before January 1, 1976. “(2) Self-constructed property begun before march 13, 1975.— In the case of property the construction of which was begun by the taxpayer before March 13, 1975, only that portion of the basis of such property properly allocable to construction after March 12, 1975, shall be taken into account in determining the amount of the credit allowable under subsection (a). “(3) Binding contract.— For purposes of this subsection, a contract for the purchase of a residence which is conditioned upon the purchaser’s obtaining a loan for the purchase of the residence (including conditions as to the amount or interest rate of such loan) is not considered non-binding on account of that condition. “(4) Certification must be attached to return.— This section shall not apply to any residence (other than a residence constructed by the taxpayer) unless there is attached to the return of tax on which the credit is claimed a certification by the seller, in accordance with regulations prescribed by the Secretary or his delegate, that the purchase price is the lowest price at which the residence was ever offered for sale.” (b) Suits To Recover Amounts of Price Increases.— If— (1) any person certifies under section 44(e)(4) of the Internal Revenue Code of 1954 that the price for which a residence was Ante, p. 32. sold is the lowest price at which the residence was ever offered for sale, and (2) the price for which the residence was sold exceeded the lowest price at which the residence was ever offered for sale, such person shall be liable to the purchaser of such residence in an amount equal to three times the amount of such excess. The United States district courts shall have jurisdiction of suits to recover such amounts without regard to any other provision of Jaw. In any suit brought under this subsection in which judgment is entered for the purchaser, he shall also be entitled to recover a reasonable attorney’s fee. (c) Denial of Deduction.— Notwithstanding the provisions of section 162 or 212 of the Internal Revenue Code of 1954, no deduction 26 USC 162, 212. shall be allowed in computing taxable income for two-thirds of any amount paid or incurred on a judgment entered against, any person in a suit brought under subsection (b). (d) Technical and Clerical Amendments.— (1) The table of sections for such subpart is amended by striking out the last item and inserting in lieu thereof the following: “Sec. 44. Credit for purchase of new principal residence. “Sec. 45. Overpayments of tax.” (2) Section 56(a)(2) (relating to imposition of minimum tax) 26 USC 56. is amended by striking out “and” at the end of clause (v), by striking out “; and” at the end of clause (vi) and inserting in lieu thereof “, and”, and by inserting after clause (vi) the following new clause: “(vii) section 44 (relating to credit for purchase of new principal residence); and”, (3) Section 56(c)(1) (relating to tax carryovers) is amended by striking out “and” at the end of subparagraph (E), by striking out “exceed” at the end of subparagraph (F) and inserting in lieu thereof “and”, and by inserting after subparagraph (F) the following new subparagraph: “(G) section 44 (relating to credit for purchase of new principal residence), exceed”, (4) Section 6096 (b) (relating to designation of income tax payments 26 USC 6096. to Presidential Election Campaign Fund) is amended by striking out “and 42” and inserting in lieu thereof “42, and 44”. SEC. 209. EFFECTIVE DATES. (a) Sections 201, 202(a), and 203.— The amendments made by sections 26 USC 42 note. 201, 202(a), and 203 shall apply to taxable years ending after December 31, 1974. Such amendments shall cease to apply to taxable years ending after December 31, 1975. (b) Section 204.— The amendments made by section 204 shall 26 USC 43 note. apply to taxable years beginning after December 31, 1974, and before January 1, 1976. (c) Sections 202(b) and 205.— The amendments made, by sections 26 USC 3402 note. 202(b) and 205 shall apply to wages paid after April 30, 1975, and before January 1, 1976. (d) Section 206.— The amendments made by section 206 apply to 26 USC 214 note. taxable, years beginning after the date of enactment of this Act. (e) Section 207.— The amendments made by section 207 shall apply 26 USC 1034 note. 26 USC 1034. to old residences (within the meaning of section 1034 of the Internal Revenue Code of 1954) sold or exchanged after December 31, 1974, in taxable years ending after such date.

  7. Pub. L. 94–455 title IV § 401(a)(2)(C) · 90 Stat. 1520

    Inserted · 26 U.S.C. § 6096(b)

    Pub. L. 94–455, §§ 401(a)(2)(C), 504(c)(2), inserted reference to section 42 in subsec. (a) as in effect on day before date of enactment of Pub. L. 94–12 and reference to section 44A

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 94–455, §§ 401(a)(2)(C), 504(c)(2), inserted reference to section 42 in subsec. (a) as in effect on day before date of enactment of Pub. L. 94–12 and reference to section 44A.

    Enacted provision · exact public law section
    (C) Section 6096(b) (relating to designation of income 26 USC 6096. tax payments to Presidential Election Campaign Fund), as in effect on the day before the date of the enactment of the Tax Reduction Act of 1975, is amended by striking out “and 41” Ante, p. 1520. and inserting in lieu thereof “41, and 42”.

  8. Pub. L. 94–455 § 1906(b)(13)(A) · 90 Stat. 1520

    Struck · 26 U.S.C. § 6096(c)

    Pub. L. 94–455, § 1906(b)(13)(A), struck out “or his delegate” after “Secretary”

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 94–455, § 1906(b)(13)(A), struck out “or his delegate” after “Secretary”.

    Enacted provision · exact public law section
    (A) The Internal Revenue Code of 1954, as amended by this Act, is amended by striking out “Secretary or his delegate” each place it appears and inserting in lieu thereof “Secretary”.

  9. Tax Reduction and Simplification Act of 1977

    Pub. L. 95–30 title II § 202(d)(6) · 91 Stat. 126

    Inserted · 26 U.S.C. § 6096(b)

    Pub. L. 95–30 inserted reference to section 44B

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 95–30 inserted reference to section 44B.

    Enacted provision · exact public law section
    (6) Designation of income tax payment.— Section 6096(b) 26 USC 6096. (relating to designation of income tax payments to Presidential Election Campaign Fund) is amended by striking out “and 44A” and inserting in lieu thereof “44A, and 44B”. Ante, p. 141. 26 USC 44B note.

  10. Energy Tax Act of 1978

    Pub. L. 95–618 title I § 101(b)(4) · 92 Stat. 3174

    Inserted · 26 U.S.C. § 6096(b)

    Pub. L. 95–618 inserted reference to section 44C

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 95–618 inserted reference to section 44C.

    Enacted provision · exact public law section
    (4) 26 USC 6096. Subsection (b) of section 6096 (relating to designation of income tax payments to Presidential Election Campaign Fund) is amended by striking out “and 44B” and inserting in lieu thereof “44B, and 44C”.

  11. Pub. L. 96–223 title II · 94 Stat. 229

    Inserted · 26 U.S.C. § 6096(b)

    Pub. L. 96–223, §§ 231(b)(2), 232(b)(3)(C), inserted reference to sections 44D and 44E

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 96–223, §§ 231(b)(2), 232(b)(3)(C), inserted reference to sections 44D and 44E.

    Enacted provision · exact public law
    TITLE II— ENERGY CONSERVATION AND PRODUCTION INCENTIVES PART I— RESIDENTIAL ENERGY CREDIT SEC. 201. GENERAL PROVISIONS RELATING TO CREDIT. (a) Joint Ownership of Energy Items.— Section 44C(d) (relating to special rules) is amended by redesignating paragraph (4) as paragraph (5) and by inserting after paragraph (3) the following new paragraph: “(4) Joint ownership of energy items.— “(A) In general.— Any expenditure otherwise qualifying as an energy conservation expenditure or a renewable energy source expenditure shall not be treated as failing to so qualify merely because such expenditure was made with respect to 2 or more dwelling units. “(B) Limits applied separately.— In the case of any expenditure described in subparagraph (A), the amount of the credit allowable under subsection (a) shall (subject to paragraph (1)) be computed separately with respect to the amount of the expenditure made by each individual.” (b) Secretarial Authority.— (1) In general.— Section 440(c) (relating to definitions and 26 USC 44C. special rules) is amended by adding at the end thereof the following new paragraph: “(9) Limitations on secretarial authority.— “(A) In general.— The Secretary shall not specify any item under paragraph (4)(A)(viii) or any form of renewable energy under paragraph (5)(A)(i) unless the Secretary determines that— “(i) there will be a reduction in oil or natural gas consumption as a result of such specification, and such reduction is sufficient to justify any resulting decrease in Federal revenues, “(ii) such specification will not result in an increased use of any item which is known to be, or reasonably suspected to be, environmentally hazardous or a threat to public health or safety, and “(iii) available Federal subsidies do not make such specification unnecessary or inappropriate (in the light of the most advantageous allocation of economic resources). “(B) Factors taken into account.— In making any determination under subparagraph (A)(i), the Secretary (after consultation with the Secretary of Energy)— “(i) shall make an estimate of the amount by which the specification will reduce oil and natural gas consumption, and “(ii) shall determine whether such specification compares favorably, on the basis of the reduction in oil and natural gas consumption per dollar of cost to the Federal Government (including revenue loss), with other Federal programs in existence or being proposed. “(C) Factors taken into account in making estimates.— In making any estimate under subparagraph (B)(i), the Secretary shall take into account (among other factors)— “(i) the extent to which the use of any item will be increased as a result of the specification, “(ii) whether sufficient capacity is available to increase production to meet any increase in demand caused by such specification, “(iii) the amount of oil and natural gas used directly or indirectly in the manufacture of such item and other items necessary for its use, and “(iv) the estimated useful life of such item.” (2) Period for specifying items.— Paragraph (6) of section 44C(c) (relating to definitions and special rules) is amended by adding at the end thereof the following new subparagraphs: “(C) Action on requests.— “(i) In general.— The Secretary shall make a final determination with respect to any request filed under subparagraph (A)(ii) for specifying an item under paragraph (4)(A)(viii) or for specifying a form of renewable energy under paragraph (5)(A)(i) within 1 year after the filing of the request, together with any information required to be filed with such request under subparagraph (A)(ii). “(ii) Reports.— Each month the Secretary shall publish a report of any request which has been denied during the preceding month and the reasons for the denial. “(D) Effective date.— “(i) In general.— In the case of any item or energy source specified under paragraph (4)(A)(viii) or (5)(A)(i), the credit allowed by subsection (a) shall apply with respect to expenditures which are made on or after the date on which final notice of such specification is published in the Federal Register. “(ii) Expenditures taken into account in following taxable years.— The Secretary may prescribe by regulations that expenditures made on or after the date referred to in clause (i) and before the close of the taxable year in which such date occurs shall be taken into account in the following taxable year.” SEC. 202. RENEWABLE ENERGY SOURCE EXPENDITURES. (a) Amount of Credit.— Paragraph (2) of section 44C(b) (relating to qualified renewable energy source expenditures) is amended to read as follows: “(2) Renewable energy source.— In the case of any dwelling unit, the qualified renewable energy source expenditures are 40 percent of so much of the renewable energy source expenditures made by the taxpayer during the taxable year with respect to such unit as does not exceed $10,000.” (b) Solar Electric Energy.— Clause (i) of section 44C(c)(5)(A) (defining renewable energy source property) is amended by striking out “providing hot water” and inserting in lieu thereof “providing hot water or electricity”. (c) Costs of Drilling Geothermal Well.— Subparagraph (B) of section 44C(c)(2) (relating to renewable energy source expenditure) is amended to read as follows: “(B) Certain labor and other costs included.— The term ‘renewable energy source expenditure’ includes— “(i) expenditures for labor costs properly allocable to the onsite preparation, assembly, or original installation of renewable energy source property, and “(ii) expenditures for an onsite well drilled for any 26 USC 613. 26 USC 263. geothermal deposit (as defined in section 613(e)(3)), but only if the taxpayer has not elected under section 263(c) to deduct any portion of such expenditures.” (d) Solar Panels Installed on Roofs.— Paragraph (2) of section 44C(c) (relating to renewable energy source expenditure) is amended by adding at the end thereof the following new subparagraph: “(D) Certain solar panels.— No solar panel installed as a roof (or portion thereof) shall fail to be treated as renewable energy source property solely because it constitutes a structural component of the dwelling on which it is installed.” (e) Effective Dates.— (1) Subsection (a).— The amendment made by subsection (a) shall apply to taxable years beginning after December 31, 1979. (2) Subsections (b), (c), and (d).— The amendments made by subsections (b), (c), and (d) shall apply to expenditures made after December 31, 1979, in taxable years ending after such date. SEC. 203. PROVISIONS TO PREVENT DOUBLE BENEFITS. (a) Credit To Be Reduced Where Certain Financing Is Used.— (1) In general.— Section 44C(c) (relating to definitions and 26 USC 44C. special rules) is amended by adding at the end thereof the following new paragraph: “(10) Property financed by subsidized energy financing.— “(A) Reduction of qualified expenditures .— For purposes of determining the amount of energy conservation or renewable energy source expenditures made by any individual with respect to any dwelling unit, there shall not be taken into account expenditures which are made from subsidized energy financing. “(B) Dollar limits reduced.— Paragraph (1) or (2) of subsection (b) (whichever is appropriate) shall be applied with respect to such dwelling unit for any taxable year of such taxpayer by reducing each dollar amount contained in such paragraph (reduced as provided in subsection (b)(3)) by an amount equal to the sum of— “(i) the amount of the expenditures which were made by the taxpayer during such taxable year or any prior taxable year with respect to such dwelling unit and which were not taken into account by reason of subparagraph (A), and “(ii) the amount of any Federal, State, or local grant received by the taxpayer during such taxable year or any prior taxable year which was used to make energy conservation or renewable energy source expenditures with respect to the dwelling unit and which was not included in the gross income of such taxpayer. “(C) Subsidized energy financing.— For purposes of subparagraph (A), the term ‘subsidized energy financing’ means financing provided under a Federal, State, or local program a principal purpose of which is to provide subsidized financing for projects designed to conserve or produce energy.” (b) Return Requirement.— (1) In general.— Subpart B of part III of subchapter A of chapter 61 (relating to information returns) is amended by adding at the end thereof the following new section: “SEC. 6050D. RETURNS RELATING TO ENERGY GRANTS AND FINANCING. “(a) In General.— Every person who administers a Federal, State, or local program a principal purpose of which is to provide subsidized financing or grants for projects to conserve or produce energy shall, to the extent required under regulations prescribed by the Secretary, make a return setting forth the name and address of each taxpayer receiving financing or a grant under such program and the aggregate amount so received by such individual. “(b) Definition of Person.— For purposes of this section, the term ‘person’ means the officer or employee having control of the program, or the person appropriately designated for purposes of this section.” (2) Conforming amendment.— The table of sections for such subpart B is amended by adding at the end thereof the following new item: “Sec. 6050D. Returns relating to energy grants and financing.” (c) Effective Date.— The amendments made by this section shall 26 USC 44C note. apply to taxable years beginning after December 31, 1980, but only with respect to financing or grants made after such date. PART II— BUSINESS ENERGY INVESTMENT CREDITS SEC. 221. CHANGES IN AMOUNT AND PERIOD OF APPLICATION OF ENERGY PERCENTAGE. (a) In General.— Subparagraph (C) of section 46(a)(2) (relating to energy percentage) is amended to read as follows: “(C) Energy percentage.— For purposes of this paragraph— “(i) In general.— The energy percentage shall be determined in accordance with the following table: “Column A—Description Column B—Percentage Column C—Period In the case of:   For the period: The energy percentage Beginning on: And ending on: is:       I. General Rule.—Property not described in any of the following provisions of this column 10 percent Oct. 1, 1978 Dec. 31, 1982. II. Solar, Wind, or Geothermal Property.—Property described in section 48(l)(2)(A)(ii) or 48(l)(3)(A)(viii) A. 10 percent Oct. 1, 1978 Dec. 31, 1979.   B. 15 percent Jan. 1, 1980 Dec. 31, 1985. III. Ocean Thermal Property.—Property described in section 48(l)(3)(A)(ix) 15 percent Jan. 1, 1980 Dec. 31, 1985. IV. Qualified Hydroelectric Generating Property.—Property described in section 48(l)(2)(A)(vii) 11 percent Jan. 1, 1980 Dec. 31, 1985. V. Qualified Intercity Buses.—Property described in section 48(l)(2)(A)(ix) 10 percent Jan. 1, 1980 Dec. 31, 1985. VI. Biomass Property.—Property described in section 48(l)(15) 10 percent Oct. 1, 1978 Dec. 31, 1985. “(ii) Periods for which percentage not specified.— In the case of any energy property, the energy percentage shall be zero for any period for which an energy percentage is not specified for such property under clause (i) (as modified by clauses (iii) and (iv)). “(iii) Longer period for certain long-term projects.— For the purpose of applying the energy percentage contained in subclause (I) of clause (i) with respect to property which is a part of a project with a normal construction period of 2 years or more (within the meaning of section 46(d)(2)(A)(i)), ‘December 31, 1990’ shall be substituted for ‘December 31, 1982’ if— “(I) before January 1, 1983, the taxpayer has completed all engineering studies in connection with the commencement of the construction of the project, and has applied for all environmental and construction permits required under Federal, State, or local law in connection with the commencement of the construction of the project, and “(II) before January 1, 1986, the taxpayer has entered into binding contracts for the acquisition, construction, reconstruction, or erection of equipment specially designed for the project and the aggregate cost to the taxpayer of that equipment is at least 50 percent of the reasonably estimated cost for all such equipment which is to be placed in service as part of the project upon its completion, “(iv) Longer period for certain hydroelectric generating property.— If an application has been docketed by the Federal Energy Regulatory Commission before January 1, 1986, with respect to the installation of any qualified hydroelectric generating property, for purposes of applying the energy percentage contained in subclause (IV) of clause (i) with respect to such property, ‘December 31, 1988’ shall be substituted for ‘December 31, 1985’.” (b) Conforming Amendments.— (1) Paragraph (1) of section 48(l) (relating to treatment as 26 USC 48. section 38 property) is amended to read as follows: “(1) Treatment as section 38 property.— For any period for which the energy percentage determined under section 46(a)(2)(C) for any energy property is greater than zero— 26 USC 46. “(A) such energy property shall be treated as meeting the requirements of paragraph (1) of subsection (a), and “(B) paragraph (3) of subsection (a) shall not apply to such property.” (2) Paragraph (11) of section 48(l) (relating to special rule for Post, p. 266. property financed by industrial development bonds) is amended by striking out “5 percent” and inserting in lieu thereof “one-half of the energy percentage determined under section 46(a)(2)(C)”. SEC. 222. CHANGES IN ENERGY PROPERTY ITEM DESCRIPTIONS. (a) In General.— Subparagraph (A) of section 48(l)(2) (defining energy property) is amended— (1) by striking out “or” at the end of clause (v), and (2) by adding at the end thereof the following new clauses: “(vii) qualified hydroelectric generating property, “(viii) cogeneration equipment, or “(ix) qualified intercity buses,”. (b) Alternative Energy Property.— Subparagraph (A) of section 48(l)(3) (defining alternative energy property) is amended— (1) by striking out “(other than coke or coke gas)” in clause (iii), (2) by striking out clause (v) and inserting in lieu thereof the following: “(v) equipment to convert— “(I) coal (including lignite), or any nonmarketable substance derived therefrom, into a substitute for a petroleum or natural gas derived feedstock for the manufacture of chemicals or other products, or “(II) coal (including lignite), or any substance derived therefrom, into methanol, ammonia, or a hydroprocessed coal-liquid or solid,”, (3) by striking out “and” at the end of clause (vii), (4) by striking out the period at the end of clause (viii) and inserting in lieu thereof “, and”, and (5) by adding at the end thereof the following new clause: “(ix) equipment, placed in service at either of 2 locations designated by the Secretary after consultation with the Secretary of Energy, which converts ocean thermal energy to usable energy.” (c) Solar or Wind Energy Property.— Paragraph (4) of section 26 USC 48. 48(l) (defining solar or wind energy property) is amended— (1) by striking out “or” at the end of subparagraph (A), (2) by striking out the period at the end of subparagraph (B) and inserting in lieu thereof or”, and (3) by adding at the end thereof the following new subparagraph: “(C) to provide solar process heat.” (d) Specially Defined Energy Property.— (1) Alumina electrolytic cells.— Paragraph (5) of section 48(l) (defining specially defined energy property) is amended— (A) by striking out “or” at the end of subparagraph (K), and (B) by redesignating subparagraph (L) as subparagraph (M) and by inserting after subparagraph (K) the following new subparagraph: “(L) modifications to alumina electrolytic cells, or”. (2) Standards for secretarial discretion.— Paragraph (5) of section 48(l) is amended by adding at the end thereof the following new sentence: “The Secretary shall not specify any property under subparagraph (M) unless he determines that such specification meets the requirements of paragraph (9) of section 440(c) for specification of items under section Ante, p. 257. 44C(c)(4)(A)(viii).” (e) Qualified Hydroelectric Generating Property.— (1) In general.— Subsection (1) of section 48 (relating to energy property) is amended by adding at the end thereof the following new paragraph: “(13) Qualified hydroelectric generating property.— “(A) In general.— The term ‘qualified hydroelectric generating property’ means property installed at a qualified hydroelectric site which is— “(i) equipment for increased capacity to generate electricity by water (up to, but not including, the electrical transmission stage), and “(ii) structures for housing such generating equipment, fish passageways, and dam rehabilitation property, required by reason of the installation of equipment described in clause (i). “(B) Qualified hydroelectric site.— The term ‘qualified hydroelectric site’ means any site— “(i) at which— “(I) there is a dam the construction of which was completed before October 18, 1979, and which was not significantly enlarged after such date, or “(II) electricity is to be generated without any dam or other impoundment of water, and “(ii) the installed capacity of which is less than 125 megawatts. “(C) Limitation on credit when installed capacity exceeds 25 megawatts.— For purposes of applying the energy percentage to any qualified hydroelectric generating property placed in service in connection with a site the installed capacity of which exceeds 25 megawatts, the amount taken into account as qualified investment shall not exceed the amount which (but for this subparagraph) would be the qualified investment multiplied by a fraction— “(i) the numerator of which is 25 reduced by 1 for each whole megawatt by which such installed capacity exceeds 100 megawatts, and “(ii) the denominator of which is the number of megawatts of such installed capacity but not in excess of 100. “(D) Dam rehabilitation property.— For purposes of this paragraph, the term ‘dam rehabilitation property’ means any amount properly chargeable to capital account for property (or additions or improvements to property) in connection with the rehabilitation of a dam. “(E) Installed capacity.— The term ‘installed capacity’ means, with respect to any site, the installed capacity of all electrical generating equipment placed in service at such site. Such term includes the capacity of equipment installed during the 3 taxable years following the taxable year in which the equipment is placed in service.” (2) Regular investment credit to apply to fish passageways.— Subparagraph (D) of section 46(a)(2) (relating to special 26 USC 46. rule for certain energy property) is amended by adding at the end thereof the following new sentence: “In the case of any qualified hydroelectric generating property which is a fish passageway, the preceding sentence shall not apply to any period after 1979 for which the energy percentage for such property is greater than zero.” (f) Cogeneration Property.— Subsection (1) of section 48 (relating 26 USC 48. to energy property) is amended by adding at the end thereof the following new paragraph: “(14) Cogeneration equipment.— “(A) In general.— The term ‘cogeneration equipment’ means property which is an integral part of a system for using the same fuel to produce both qualified energy and electricity at an industrial or commercial facility at which, as of January 1, 1980, electricity or qualified energy was produced. “(B) Only cogeneration increases taken into account.— The term ‘cogeneration equipment’ includes property only to the extent that such property increases the capacity of the system to produce qualified energy or electricity, whichever is the secondary energy product of the system. “(C) Limitation on use of oil or gas.— The term ‘cogeneration equipment’ does not include any property which is part of a system if— “(i) such system uses oil or natural gas (or a product of oil or natural gas) as a fuel for any purpose other than— “(I) start-up, “(II) flame control, or “(III) back-up, or “(ii) more than 20 percent (determined on a Btu basis) of the fuel for such system for any taxable year consists of oil or natural gas (or a product of oil or natural gas). “(D) Qualified energy.— The term ‘qualified energy’ means steam, heat, or other forms of useful energy (other than electric energy) to be used for industrial, commercial, or space-heating purposes (other than in the production of electricity). “(E) Industrial includes purification and desalinization of water.— The term ‘industrial’ includes the purification of water and the desalinization of water.” (g) Biomass Property.— (1) In general.— Subsection (1) of section 48 (relating to energy property) is amended by adding at the end thereof the following new paragraph: “(15) Biomass property.— “(A) In general.— The term ‘biomass property’ means— “(i) any property described in clause (i), (ii), or (iii) of paragraph (3)(A), as modified by the last sentence of paragraph (3)(A) and by subparagraph (B) of this paragraph, and “(ii) any equipment described in so much of clause (vi) or (vii) of paragraph (3)(A) as relates to property described in clause (i) of this subparagraph. “(B) Modifications.— For purposes of subparagraph (A)— “(i) the term ‘alternate substance’ has the meaning given to such term by paragraph (3)(B), except that such term does not include any inorganic substance and does not include coal (including lignite) or any product of such coal, and “(ii) clause (iii) of paragraph (3)(A) shall be applied by substituting ‘a qualified fuel’ for ‘a synthetic liquid, gaseous, or solid fuel’. “(C) Qualified fuel.— For purposes of subparagraph (B), the term ‘qualified fuel’ means— “(i) any synthetic solid fuel, and “(ii) alcohol for fuel purposes if the primary source of energy for the facility producing the alcohol is not oil or natural gas or a product of oil or natural gas.” (2) Storage of fuel derived from garbage.— Subparagraph Ante, p. 261. (A) of section 48(l)(3) (defining alternative energy property) is amended by adding at the end thereof the following new sentence: “The equipment described in clause (vii) includes equipment used for the storage of fuel derived from garbage at the site at which such fuel was produced from garbage.” (h) Qualified Intercity Buses.— Subsection (1) of section 48 (relating to energy property) is amended by adding at the end thereof the following new paragraph: “(16) Qualified intercity buses.— “(A) In general.— Paragraph (2)(A)(ix) shall apply only with respect to the qualified investment in qualified intercity buses of a taxpayer— “(i) which is a common carrier regulated by the Interstate Commerce Commission or an appropriate State agency (as determined by the Secretary), and “(ii) which is engaged in the trade or business of furnishing intercity passenger transportation or intercity charter service by bus. “(B) Qualified intercity bus.— The term ‘qualified intercity bus’ means an automobile bus— “(i) the chassis and body of which is exempt under 26 USC 4063. 26 USC 4061. section 4063(a)(6) from the tax imposed by section 4061(a), “(ii) which has— “(I) a seating capacity of more than 35 passengers (in addition to the driver), and “(II) 1 or more baggage compartments, separated from the passenger area, with a capacity of at least 200 cubic feet, and “(iii) which is used predominantly by the taxpayer in the trade or business of furnishing intercity passenger transportation or intercity charter service. “(C) Operating capacity must increase.— Under regulations prescribed by the Secretary— “(i) In general.— The amount of qualified investment taken into account under paragraph (2)(A)(ix) for any taxable year shall not exceed the amount of the qualified investment which is attributable to an increase in the taxpayer’s total operating seating capacity for the taxable year over such capacity as of the close of the preceding taxable year. “(ii) Special rules.— The regulations prescribed under this subparagraph— “(I) shall provide that only buses used predominantly on a full-time basis in the trade or business of furnishing intercity passenger or intercity charter service shall be taken into account in determining the taxpayer’s total operating seating capacity, and “(II) shall provide rules treating related taxpayers as 1 person.” (i) Technical Amendments.— (1) Public utility property.— (A) Paragraph (3) of section 48(l) is amended by striking 26 USC 48. out subparagraph (B) and by redesignating subparagraphs (C) and (D) as subparagraphs (B) and (C), respectively. (B) Subsection (1) of section 48 is amended by adding at the end thereof the following new paragraph: “(17) Exclusion for public utility property.— The terms ‘alternative energy property’, ‘biomass property’, ‘solar or wind energy property’, ‘recycling equipment’, and ‘cogeneration property’ do not include property which is public utility property (within the meaning of section 46(f)(5)).” 26 USC 46. (2) Ocean thermal property.— Section 48(a)(2)(B) (relating to property used outside the United States) is amended— (A) by striking out “and” at the end of clause (ix), (B) by striking out the period at the end of clause (x) and inserting in lieu thereof and”, and (C) by inserting immediately after clause (x) the following new clause: “(xi) any property described in subsection (l)(3)(A)(ix) which is owned by a United States person and which is used in international or territorial waters to generate energy for use in the United States.” (3) Pollution control equipment.— Subparagraph (C) of section 48(l)(3) (as redesignated by paragraph (D) is amended by Supra. adding at the end thereof the following new sentence: “For purposes of the preceding sentence, in the case of property which is alternative energy property solely by reason of the amendments made by section 222(b) of the Crude Oil Windfall Profit Tax Act of 1980, ‘January 1, 1980’ Ante, p. 261. shall be substituted for ‘October 1, 1978’.” (j) Effective Dates.— (1) In general.— Except as provided in paragraph (2), the amendments made by this section shall apply to periods after December 31, 1979, under rules similar to the rules of section 26 USC 48. 48(m) of the Internal Revenue Code of 1954. (2) Alumina electrolytic cells.— The amendments made by subsection (d)(1) shall apply to periods after September 30, 1978, under rules similar to the rules of section 48(m) of such Code. SEC. 223. OTHER CHANGES WITH RESPECT TO THE INVESTMENT CREDIT FOR INVESTMENT IN ENERGY PROPERTY. (a) Boilers Fueled by Petroleum Coke or Petroleum Pitch.— (1) In general.— Paragraph (10) of section 48(a) (relating to boilers fueled by oil or gas) is amended by adding at the end thereof the following new sentence: “For purposes of the preceding sentence, the term ‘petroleum or petroleum products’ does not include petroleum coke or petroleum pitch.” (2) Effective date.— The amendment made by paragraph (1) shall apply to periods after December 31, 1979, under rules similar to the rules of section 48(m) of the Internal Revenue Code of 1954. (b) Repeal of Refundable Credit for Solar or Wind Property.— (1) In general.— Paragraph (10) of section 46(a) (relating to special rules in case of energy property) is amended— (A) in subparagraph (A)— (i) by inserting “and” at the end of clause (i), (ii) by striking out “(other than solar or wind energy property), and” and inserting in lieu thereof a period in clause (ii), and (iii) by striking out clause (iii); (B) by striking out “other than solar or wind energy property” in the heading of subparagraph (B); and (C) by striking out subparagraph (C). (2) Conforming amendment.— Section 6401 (relating to amounts treated as overpayments) is amended by striking out subsection (d). (3) Effective date.— The amendments made by this subsection shall apply to qualified investment for taxable years beginning after December 31, 1979. (c) Credit To Be Reduced Where Certain Financing Is Used.— (1) In general.— Paragraph (11) of section 48(l) (relating to special rule for property financed by industrial development bonds), as amended by section 221(b)(2), is amended to read as follows: “(11) Special rule for property financed by subsidized energy financing or industrial development bonds.— “(A) Reduction of qualified investment.— For purposes of applying the energy percentage to any property, if such property is financed in whole or in part by— “(i) subsidized energy financing, or “(ii) the proceeds of an industrial development bond 26 USC 103. (within the meaning of section 103(b)(2)) the interest on which is exempt from tax under section 103, the amount taken into account as qualified investment shall not exceed the amount which (but for this subparagraph) would be the qualified investment multiplied by the fraction determined under subparagraph (B). “(B) Determination of fraction.— For purposes of subparagraph (A), the fraction determined under this subparagraph is 1 reduced by a fraction— “(i) the numerator of which is that portion of the qualified investment in the property which is allocable to such financing or proceeds, and “(ii) the denominator of which is the qualified investment in the property. “(C) Subsidized energy financing.— For purposes of subparagraph (A), the term ‘subsidized energy financing’ means financing provided under a Federal, State, or local program a principal purpose of which is to provide subsidized financing for projects designed to conserve or produce energy.” (2) Effective dates.— (A) In general.— Except as provided in subparagraph (B), the amendment made by paragraph (1) shall apply to periods after December 31, 1982, under rules similar to the rules of section 48(m) of the Internal Revenue Code of 1954. 26 USC 48. (B) Earlier application for certain property.— In the case of property which is— (i) qualified hydroelectric generating property (described in section 48(l)(2)(A)(vii) of such Code), (ii) cogeneration equipment (described in section 48(l)(2)(A)(viii) of such Code), (iii) qualified intercity buses (described in section 48(l)(2)(A)(ix) of such Code), (iv) ocean thermal property (described in section 48(l)(3)(A)(ix) of such Code), or (v) expanded energy credit property, the amendment made by paragraph (1) shall apply to periods after December 31, 1979, under rules similar to the rules of section 48(m) of the Internal Revenue Code of 1954. (C) Expanded energy credit property.— For purposes of subparagraph (B), the term “expanded energy credit property” means— (i) property to which section 48(l)(3)(A) of such Code applies because of the amendments made by paragraphs (1) and (2) of section 222(b), Ante, p. 261. (ii) property described in section 48(l)(4)(C) of such Code (relating to solar process heat), Ante, p. 262. (iii) property described in section 48(l)(5)(L) of such Code (relating to alumina electrolytic cells), and Ante, p. 262. (iv) property described in the last sentence of section 48(l)(3)(A) of such Code (relating to storage equipment Ante, p. 264. for refuse-derived fuel). (D) Financing taken into account.— For the purpose of applying the provisions of section 48(l)(11) of such Code in the Ante, p. 266. case of property financed in whole or in part by subsidized energy financing (within the meaning of section 48(l)(11)(C) of such Code), no financing made before January 1, 1980, shall be taken into account. The preceding sentence shall not apply to financing provided from the proceeds of any tax-exempt industrial development bond (within the meaning of section 103(b)(2) of such Code). 26 USC 103. PART III— PRODUCTION OF FUEL FROM NONCONVENTIONAL SOURCES; ALCOHOL FUELS SEC. 231. PRODUCTION TAX CREDIT. (a) In General.— Subpart A of part IV of subchapter A of chapter 1 (relating to credits against tax) is amended by inserting after section 44C the following new section: “SEC. 44D. CREDIT FOR PRODUCING FUEL FROM A NONCONVENTIONAL SOURCE. “(a) Allowance of Credit.— There shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to— “(1) $3, multiplied by “(2) the barrel-of-oil equivalent of qualified fuels— “(A) sold by the taxpayer to an unrelated person during the taxable year, and “(B) the production of which is attributable to the taxpayer. “(b) Limitations and Adjustments.— “(1) Phaseout of credit.— The amount of the credit allowable under subsection (a) shall be reduced by an amount which bears the same ratio to the amount of the credit (determined without regard to this paragraph) as— “(A) the amount by which the reference price for the calendar year in which the taxable year begins exceeds $23.50, bears to “(B) $6. “(2) Credit and phaseout adjustment based on inflation.— The $3 amount in subsection (a) and the $23.50 and $6 amounts in paragraph (1) shall each be adjusted by multiplying such amount by the inflation adjustment factor for the calendar year in which a taxable year begins. In the case of gas from a tight formation, the $3 amount in subsection (a) shall not be adjusted. “(3) Credit reduced for grants, tax-exempt bonds, and subsidized energy financing.— “(A) In general.— The amount of the credit allowable under subsection (a) with respect to any project for any taxable year (determined after the application of paragraphs (1) and (2)) shall be reduced by the amount which is the product of the amount so determined for such year and a fraction— “(i) the numerator of which is the sum, for the taxable year and all prior taxable years, of— “(I) grants provided by the United States, a State, or a political subdivision of a State for use in connection with the project, “(II) proceeds of any issue of State or local government obligations used to provide financing for the project the interest on which is exempt from tax 26 USC 103. under section 103, and “(III) the aggregate amount of subsidized energy Ante, p. 266. financing (within the meaning of section 48(l)(11)(C)) provided in connection with the project, and “(ii) the denominator of which is the aggregate amount of additions to the capital account for the project for the taxable year and all prior taxable years. “(B) Amounts determined at close of year.— The amounts under subparagraph (A) for any taxable year shall be determined as of the close of the taxable year. “(4) Credit reduced for energy credit.— The amount allowable as a credit under subsection (a) with respect to any project for any taxable year (determined after the application of paragraphs (1), (2), and (3)) shall be reduced by the excess of— “(A) the aggregate amount allowed under section 38 for 26 USC 38. the taxable year or any prior taxable year by reason of the energy percentage with respect to property used in the project, over “(B) the aggregate amount recaptured with respect to the amount described in subparagraph (A)— “(i) under section 47 for the taxable year or any prior 26 USC 47. taxable year, or “(ii) under this paragraph for any prior taxable year. The amount recaptured under section 47 with respect to any property shall be appropriately reduced to take into account any reduction in the credit allowed by this section by reason of the preceding sentence. “(5) Application with other credits.— The credit allowed by subsection (a) for a taxable year shall not exceed the tax imposed by this chapter for such taxable year, reduced by the sum of the credits allowable under a section of this subpart having a lower number or letter designation than this section, other than the credits allowable by sections 31, 39, and 43. For purposes of the 26 USC 31, 39, 43. preceding sentence, the term ‘tax imposed by this chapter’ shall not include any tax treated as not imposed by this chapter under the last sentence of section 53(a). 26 USC 53. “(c) Definition of Qualified Fuels.— For purposes of this section— “(1) In general.— The term ‘qualified fuels’ means— “(A) oil produced from shale and tar sands, “(B) gas produced from— “(i) geopressured brine, Devonian shale, coal seams, or a tight formation, or “(ii) biomass, “(C) liquid, gaseous, or solid synthetic fuels produced from coal (including lignite), including such fuels when used as feedstocks, “(D) qualifying processed wood fuels, and “(E) steam produced from solid agricultural byproducts (not including timber byproducts). “(2) Gas from geopressured brine, etc.— “(A) In general.— Except as provided in subparagraph (B), the determination of whether any gas is produced from geopressured brine, Devonian shale, coal seams, or a tight formation shall be made in accordance with section 503 of the Natural Gas Policy Act of 1978. 15 USC 3413. “(B) Special rules for gas from tight formations.— The term ‘gas produced from a tight formation’ shall only include— “(i) gas the price of which is regulated by the United States, and “(ii) gas for which the maximum lawful price applicable under the Natural Gas Policy Act of 1978 is at least 15 USC 3301 note. 150 percent of the then applicable price under section 103 of such Act. 15 USC 3313. “(3) Biomass.— The term “biomass’ means any organic material 26 USC 48. which is an alternate substance (as defined in section 48(l)(3)(B)) other than coal (including lignite) or any product of such coal. “(4) Qualifying processed wood fuel.— “(A) In general.— The term ‘qualifying processed wood fuel’ means any processed solid wood fuel (other than charcoal, fireplace products, or a product used for ornamental or recreational purposes) which has a Btu content per unit of volume or weight, determined without regard to any non-wood elements, which is at least 40 percent greater per unit of volume or weight than the Btu content of the wood from which it is produced (determined immediately before the processing). “(B) Election.— A taxpayer shall elect, at such time and in such manner as the Secretary by regulations may prescribe, as to whether Btu content per unit shall be determined for purposes of this paragraph on a volume or weight basis. Any such election— “(i) shall apply to all production from a facility; and “(ii) shall be effective for the taxable year with respect to which it is made and for all subsequent taxable years and, once made, may be revoked only with the consent of the Secretary. “(5) Agricultural byproduct steam.— Steam produced from solid agricultural byproducts which is used by the taxpayer in his trade or business shall be treated as having been sold by the taxpayer to an unrelated person on the date on which it is used. “(d) Other Definitions and Special Rules.— For purposes of this section— “(1) Only production within the united states taken into account.— Sales shall be taken into account under this section only with respect to qualified fuels the production of which is within— “(A) the United States (within the meaning of section 26 USC 638. 638(1)), or “(B) a possession of the United States (within the meaning of section 638(2)). “(2) Computation of inflation adjustment factor and reference price.— “(A) In general.— The Secretary shall, not later than April 1 of each calendar year, determine and publish in the Federal Register the inflation adjustment factor and the reference price for the preceding calendar year in accordance with this paragraph. “(B) Inflation adjustment factor.— The term ‘inflation adjustment factor’ means, with respect to a calendar year, a fraction the numerator of which is the GNP implicit price deflator for the calendar year and the denominator of which is the GNP implicit price deflator for calendar year 1979. The term ‘GNP implicit price deflator’ means the first revision of the implicit price deflator for the gross national product as computed and published by the Department of Commerce. “(C) Reference price.— The term ‘reference price’ means with respect to a calendar year the Secretary’s estimate of the annual average wellhead price per barrel for all domestic crude oil the price of which is not subject to regulation by the United States. “(3) Production attributable to the taxpayer.— In the case of a property or facility in which more than 1 person has an interest, except to the extent provided in regulations prescribed by the Secretary, production from the property or facility (as the case may be) shall be allocated among such persons in proportion to their respective interests in the gross sales from such property or facility. “(4) Special rules applicable to gas from geopressured brine, devonian shale, coal seams, or a tight formation.— “(A) Credit allowed only for new production.— The amount of the credit allowable under subsection (a) shall be determined without regard to any production attributable to a property from which gas from Devonian shale, coal seams, geopressured brine, or a tight formation was produced in marketable quantities before January 1, 1980. “(B) Reference price and application of phaseout for devonian shale.— “(i) Reference price for devonian shale.— For purposes of this section, the term ‘reference price’ for gas from Devonian shale sold during calendar years 1980, 1981, and 1982 shall be the average wellhead price per thousand cubic feet for such year of high cost natural gas (as defined in section 107(c) (2), (3), and (4) of the Natural Gas Policy Act of 1978 and determined under 15 USC 3317. 15 USC 3413. section 503 of that Act) as estimated by the Secretary after consultation with the Federal Energy Regulatory Commission. “(ii) Different phaseout to apply for 1980, 1981, and 1982.— For purposes of applying paragraphs (1) and (2) of subsection (b) with respect to sales during calendar years 1980, 1981, and 1982 of gas from Devonian shale, ‘$4.05’ shall be substituted for ‘$23.50’ and ‘$1.03’ shall be substituted for ‘$6.00’. “(5) Phaseout does not apply for first 3 years of production from facility producing qualifying processed wood or steam from solid agricultural byproducts.— In the case of a facility for the production of— “(A) qualifying processed wood fuel, or “(B) steam from solid agricultural byproducts, paragraph (1) of subsection (b) shall not apply with respect to the amount of the credit allowable under subsection (a) for fuels sold during the 3-year period beginning on the date the facility is placed in service. “(6) Barrel-of-oil equivalent.— The term ‘barrel-of-oil equivalent’ with respect to any fuel means that amount of such fuel which has a Btu content of 5.8 million; except that in the case of qualified fuels described in subparagraph (C), (D), or (E) of subsection (c)(1), the Btu content shall be determined without regard to any material from a source not described in such subparagraph. “(7) Barrel defined.— The term ‘barrel’ means 42 United States gallons. “(8) Related persons.— Persons shall be treated as related to each other if such persons would be treated as a single employer under the regulations prescribed under section 52(b). 26 USC 52. “(9) Pass-through in the case of subchapter s corporations, etc.— Under regulations prescribed by the Secretary, rules similar 26 USC 52. to the rules of subsections (d) and (e) of section 52 shall apply. “(e) Credit Not Allowable If Taxpayer Makes Election Under Natural Gas Policy Act of 1978.— If the taxpayer makes an election under section 107(d) of the Natural Gas Policy Act of 1978 to have subsections (a) and (b) of section 107 of that Act, and subtitle B of title I of that Act, apply with respect to gas described in subsection (c)(1)(B)(i) produced from any well on a property, then the credit allowable by subsection (a) shall not be allowed with respect to any gas produced on that property. “(f) Application of Section.— “(1) In general.— Except as provided in paragraph (2), this section shall apply with respect to qualified fuels— “(A) which are— “(i) produced from a well drilled after December 31, 1979, and before January 1, 1990, or “(ii) produced in a facility placed in service after December 31, 1979, and before January 1, 1990, and “(B) which are sold after December 3, 1979, and before January 1, 2001. “(2) Special rules applicable to qualified processed wood and solid agricultural byproduct steam.— “(A) Credit allowed only for certain production.— In the case of qualifying processed wood fuel and steam from solid agricultural byproducts, this section shall apply only with respect to— “(i) qualifying processed wood fuel produced in facilities placed in service after December 3, 1979, and before January 1, 1982, which is sold before the later of— “(I) October 1, 1983, or “(II) the date which is 3 years after the date on which the facility is placed in service; and “(ii) steam produced in facilities placed in service after December 31, 1979, from solid agricultural byproducts which is sold before January 1, 1985. “(B) Expanded production of steam treated as new facility production.— For purposes of this subsection and subsection (d)(5), in the case of a facility for the production of steam from solid agricultural byproducts which was placed in service before January 1, 1980, any production of steam attributable to an expansion of the capacity of the facility to produce such steam through placing additional or replacement equipment in service after December 31, 1979, shall be treated as if it were produced by a facility placed in service on the date on which such equipment is placed in service.” (b) Technical and Conforming Amendments.— (1) The table of sections for subpart A of part IV of subchapter A of chapter 1 is amended by inserting after the item relating to section 44C the following new item: “Sec. 44D. Credit for producing fuel from a nonconventional source.” (2) Subsection (b) of section 6096 (relating to designation of income tax payments to Presidential Election Campaign Fund) is amended by striking out “and 44C” and inserting in lieu thereof “44C, and 44D”. (c) Effective Dates.— The amendments made by this section shall apply to taxable years ending after December 31, 1979. SEC. 232. ALCOHOL FUELS. (a) Extension of Exemption Through 1992.— (1) Gasoline.— Subsection (c) of section 4081 (relating to gasoline 26 USC 4081. mixed with alcohol) is amended by adding at the end thereof the following new paragraph: “(4) Termination.— Paragraph (1) shall not apply to any sale after December 31, 1992.” (2) Special fuels.— Subsection (k) of section 4041 (relating to 26 USC 4041. fuels containing alcohol) is amended by adding at the end thereof the following new paragraph: “(3) Termination.— Paragraph (1) shall not apply to any sale or use after December 31, 1992.” (3) Technical amendment.— Subsections (a)(2) and (b)(2) of the Energy Tax Act of 1978 are each amended by striking out “, and 26 USC 4041 note, 4081 note. before October 1, 1984”. (b) Credit Against Income Tax.— (1) In general.— Subpart A of part IV of subchapter A of chapter 1 (relating to credits allowed) is amended by inserting before section 45 the following new section: “SEC. 44E. ALCOHOL USED AS FUEL. “(a) General Rule.— There shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the sum of— “(1) the alcohol mixture credit, plus “(2) the alcohol credit. “(b) Definition of Alcohol Mixture Credit and Alcohol Credit.— For purposes of this section— “(1) Alcohol mixture credit.— “(A) In general.— The alcohol mixture credit of any taxpayer for any taxable year is 40 cents for each gallon of alcohol used by the taxpayer in the production of a qualified mixture. “(B) Qualified mixture.— The term ‘qualified mixture’ means a mixture of alcohol and gasoline or of alcohol and a special fuel which— “(i) is sold by the taxpayer producing such mixture to any person for use as a fuel, or “(ii) is used as a fuel by the taxpayer producing such mixture. “(C) Sale or use must be in trade or business, etc.— Alcohol used in the production of a qualified mixture shall be taken into account— “(i) only if the sale or use described in subparagraph (B) is in a trade or business of the taxpayer, and “(ii) for the taxable year in which such sale or use occurs. “(D) Casual off-farm production not eligible.— No credit shall be allowed under this section with respect to any casual off-farm production of a qualified mixture. “(2) Alcohol credit.— “(A) In general.— The alcohol credit of any taxpayer for any taxable year is 40 cents for each gallon of alcohol which is not in a mixture with gasoline or a special fuel (other than any denaturant) and which during the taxable year— “(i) is used by the taxpayer as a fuel in a trade or business, or “(ii) is sold by the taxpayer at retail to a person and placed in the fuel tank of such person’s vehicle. “(B) User credit not to apply to alcohol sold at retail.— No credit shall be allowed under subparagraph (A)(i) with respect to any alcohol which was sold in a retail sale described in subparagraph (A)(ii). “(3) Smaller credit for lower proof alcohol.— In the case of any alcohol with a proof which is at least 150 but less than 190, paragraphs (1)(A) and (2)(A) shall be applied by substituting “30 cents” for “40 cents”. “(4) Adding of denaturants not treated as mixture.— The adding of any denaturant to alcohol shall not be treated as the production of a mixture. “(c) Coordination With Exemption From Excise Tax.— The amount of the credit allowable under this section with respect to any alcohol shall, under regulations prescribed by the Secretary, be properly reduced to take into account any benefit provided with respect to such alcohol solely by reason of the application of section Ante, p. 273. 4041(k) or 4081(c). “(d) Definitions and Special Rules.— For purposes of this section— “(1) Alcohol defined.— “(A) In general.— The term ‘alcohol’ includes methanol and ethanol but does not include— “(i) alcohol produced from petroleum, natural gas, or coal, or “(ii) alcohol with a proof of less than 150. “(B) Determination of proof.— The determination of the proof of any alcohol shall be made without regard to any added denaturants. “(2) Special fuel defined.— The term ‘special fuel’ includes any liquid fuel (other than gasoline) which is suitable for use in an internal combustion engine. “(3) Mixture or alcohol not used as a fuel, etc.— “(A) Mixtures.— If— “(i) any credit was allowable under this section with respect to alcohol used in the production of any qualified mixture, and “(ii) any person— “(I) separates the alcohol from the mixture, or “(II) without separation, uses the mixture other than as a fuel, then there is hereby imposed on such person a tax equal to 40 cents a gallon (30 cents in the case of alcohol with a proof less than 190) for each gallon of alcohol in such mixture. “(B) Alcohol.— If— “(i) any credit was allowable under this section with respect to the retail sale of any alcohol, and “(ii) any person mixes such alcohol or uses such alcohol other than as a fuel, then there is hereby imposed on such person a tax equal to 40 cents a gallon (30 cents in the case of alcohol with a proof less than 190) for each gallon of such alcohol. “(C) Applicable laws.— All provisions of law, including penalties, shall, insofar as applicable and not inconsistent with this section, apply in respect of any tax imposed under subparagraph (A) or (B) as if such tax were imposed by 26 USC 4081. section 4081 and not by this chapter. “(4) Volume of alcohol.— For purposes of determining— “(A) under subsection (a) the number of gallons of alcohol with respect to which a credit is allowable under subsection (a), or “(B) under section 4041(k) or 4081(c) the percentage of any Ante, p. 273. mixture which consists of alcohol, the volume of alcohol shall include the volume of any denaturant (including gasoline) which is added under any formulas approved by the Secretary to the extent that such denaturants do not exceed 5 percent of the volume of such alcohol (including denaturants). “(5) Pass-through in the case of subchapter s corporations, etc.— Under regulations prescribed by the Secretary, rules similar to the rules of subsections (d) and (e) of section 52 shall apply. 26 USC 52. “(e) Limitation Based on Amount of Tax.— “(1) In general.— The amount of the credit allowed by this section for the taxable year shall not exceed the tax imposed by this chapter for the taxable year, reduced by the sum of the credits allowed under a section of this subpart having a lower number designation than this section, other than credits allowable by sections 31, 39, and 43. For purposes of the preceding 26 USC 31, 39, 43. sentence, the term ‘tax imposed by this chapter’ shall not include any tax treated as not imposed by this chapter under the last sentence of section 53(a). 26 USC 53. “(2) Carryover of unused credit.— “(A) In general.— If the amount of the credit determined under subsection (a) for any taxable year exceeds the limitation provided by paragraph (1) for such taxable year (hereinafter in this paragraph referred to as the ‘unused credit year’), such excess shall be an alcohol fuel credit carryover to each of the 7 taxable years following the unused credit year, and shall be added to the amount allowable as credit under subsection (a) for such years. The entire amount of the unused credit for an unused credit year shall be carried to the earliest of the 7 taxable years to which (by reason of the preceding sentence) such credit may be carried, and then to each of the other 6 taxable years to the extent that, because of the limitation contained in subparagraph (B), such unused credit may not be added for a prior taxable year to which such unused credit may be carried. “(B) Limitation.— The amount of the unused credit which may be added under subparagraph (A) for any succeeding taxable year shall not exceed the amount by which the limitation provided by paragraph (1) for such succeeding taxable year exceeds the sum of— “(i) the credit allowable under subsection (a) for such taxable year, and “(ii) the amounts which, by reason of this paragraph, are added to the amount allowable for such taxable year and which are attributable to taxable years preceding the unused credit year. “(f) Termination.— “(1) In general.— This section shall not apply to any sale or use after December 31, 1992. “(2) No carryovers to years after 1994.— No amount may be carried under subsection (e)(2) to any taxable year beginning after December 31, 1994.” (2) Technical amendments related to carryover of credit.— (A) Paragraph (3) of section 55(c) is amended by adding at the end thereof the following new sentence: Ante, p. 273. “In determining any carryover under section 44E(e)(2), a rule similar to the rule set forth in subparagraph (A) shall be treated as inserted in this paragraph before subparagraph (A), and the applications of subparagraphs (A), (B), and (C) shall be adjusted accordingly.” (B) Subsection (c) of section 381 (relating to items of the distributor or transferor corporation) is amended by adding at the end thereof the following new paragraph: “(27) Credit under section 44e for alcohol used as fuel.— The acquiring corporation shall take into account (to the extent proper to carry out the purposes of this section and section 44E, and under such regulations as may be prescribed by the Secretary) the items required to be taken into account for purposes of section 44E in respect of the distributor or transferor corporation.” (C) Section 383 (relating to special limitations on unused investment credits, work incentive credits, new employee credits, foreign taxes, and capital losses), as in effect for taxable years beginning after June 30, 1982, is amended— (i) by inserting “to any unused credit of the corporation under section 44E(e)(2),” after “section 53(c),”, and (ii) by striking out “NEW EMPLOYEE CREDITS” in the section heading and inserting in lieu thereof “NEW EMPLOYEE CREDITS, ALCOHOL FUEL CREDITS”. (D) Section 383 (as in effect on the day before the date of 26 USC 1 note. the enactment of the Tax Reform Act of 1976) is amended— (i) by inserting “to any unused credit of the corporation which could otherwise be carried forward under section 44E(e)(2),” after “section 53(c),”, and (ii) by striking out “NEW EMPLOYEE CREDITS” in the section heading and inserting in lieu thereof “NEW EMPLOYEE CREDITS, ALCOHOL FUEL CREDITS”. (3) Other technical and conforming amendments.— (A) Paragraph (3) of section 4081(c) (defining alcohol) is amended by adding at the end thereof the following new sentence: “Such term does not include alcohol with a proof of less than 190 (determined without regard to any added denaturants).” (B) The table of sections for subpart A of part IV of subchapter A of chapter 1 is amended by inserting immediately after the item relating to section 44D the following new item: “Sec. 44E. Alcohol used as fuel.” (C) Section 6096(b) (relating to designation of income tax payments to Presidential Election Campaign Fund), as amended by section 231, is amended by striking out “and 44D” and inserting “44D, and 44E”. (c) Credit To Be Included in Income.— (1) In general.— Part II of subchapter B of chapter 1 (relating to items specifically included in gross income) is amended by adding at the end thereof the following new section: “SEC. 86. ALCOHOL FUEL CREDIT. “Gross income includes an amount equal to the amount of the credit allowable to the taxpayer under section 44E for the taxable Ante, p. 273. year (determined without regard to subsection (e) thereof).” (2) Technical amendment.— Subparagraph (B) of section 55(b)(1) (defining alternative minimum taxable income) is 26 USC 55. amended by striking out “section 667” and inserting in lieu thereof “section 86 or 667”. (3) Conforming amendment.— The table of sections for such part II is amended by inserting at the end thereof the following new item: “Sec. 86. Alcohol fuel credit” (d) Refund of Tax on Gasoline Used to Produce Certain Alcohol Fuels.— (1) General rule.— Section 6427 (relating to fuels not used for 26 USC 6427. taxable purposes) is amended— (A) by redesignating subsections (f), (g), (h), (i), and (j) as subsections (g), (h), (i), (j), and (k), respectively; and (B) by inserting after subsection (e) the following new subsection: “(f) Gasoline Used to Produce Certain Alcohol Fuels.— “(1) In general.— Except as provided in subsection (i), if any gasoline on which tax is imposed by section 4081 is used by any 26 USC 4081. Ante, pp. 273, 276. Infra. person in producing a mixture described in section 4081(c) which is sold or used in such person’s trade or business, the Secretary shall pay (without interest) to such person an amount equal to the aggregate amount of the tax imposed on such gasoline. The preceding sentence shall not apply with respect to any mixture sold or used after December 31, 1992. “(2) Coordination with other repayment provisions.— No amount shall be payable under subsection (d) or (e) of this section or under section 6420 or 6421 with respect to any gasoline with 26 USC 6420, 6421. respect to which an amount is payable under paragraph (1).” (2) Quarterly refund allowed where $200 or more is payable.— (A) Subparagraph (A) of section 6427(g)(2) (as redesignated 26 USC 6427. by paragraph (1)) is amended by striking out “or” at the end of clause (i), by inserting “or” at the end of clause (ii), and by inserting after clause (ii) the following new clause: “(iii) $200 or more is payable under subsection (f),”. (B) Subparagraph (B) of section 6427(g)(2) (as redesignated by paragraph (D) is amended to read as follows: “(B) Special rule.— If the requirements of clause (ii) or clause (iii) of subparagraph (A) are met by any person for any quarter but the requirements of subparagraph (A)(i) are not met by such person for such quarter, such person may file a claim under subparagraph (A) for such quarter only with respect to amounts referred to in the clause (or clauses) of subparagraph (A) the requirements of which are met by such person for such quarter.” (3) Treatment of subsequent separation.— Paragraph (2) of section 4081(c) (relating to later separation of gasoline) is 26 USC 4081. amended by inserting “(or with respect to which a credit or payment was allowed or made by reason of section 6427(f)(1))” after “this subsection”. (4) Technical amendments.— (A) Subsections (a)(4) and (b) of section 39 are each amended by striking out “6427(h)” and inserting in lieu thereof “6427(i)”. (B) Subsections (a), (b)(1), (c), (d), and (e)(1) of section 6427 are each amended by striking out “(h)” and inserting in lieu thereof “(i)”. (C) Subsection (g)(1) of such section 6427 (as redesignated by paragraph (1)(A)) is amended by striking out “(a), (b), (c), (a), or (e)” and inserting in lieu thereof “(a), (b), (c), (d), (e), or (f)”. (D) Subsection (i)(2) of such section 6427 (as redesignated by paragraph (1)(A)) is amended by striking out “(f)(2)” and inserting in lieu thereof “(g)(2)”. (E) Sections 7210, 7603, 7604(b), 7604(c)(2), 7605(a), 26 USC 7210, 7603, 7604, 7605, 7609, 7610. 7609(c)(1), and 7610(c) are each amended by striking out “6427(g)(2)” each place it appears and inserting in lieu thereof “6427(h)(2)”. (e) Exemption From Distilled Spirits Rules.— (1) In general.— Subchapter B of chapter 51 (relating to distilled spirits, wines, and beers) is amended by redesignating 26 USC 5182. section 5181 as section 5182 and by inserting after section 5180 the following new section: “SEC. 5181. DISTILLED SPIRITS FOR FUEL USE. “(a) In General.— “(1) Purposes for which plant may be established.— On such application and bond and in such manner as the Secretary may prescribe by regulation, a person may establish a distilled spirits plant solely for the purpose of— “(A) producing, processing, and storing, and “(B) using or distributing, distilled spirits to be used exclusively for fuel use. “(2) Regulations.— In prescribing regulations under paragraph (1) and in carrying out the provisions of this section, the Secretary shall, to the greatest extent possible, take steps to— “(A) expedite all applications; “(B) establish a minimum bond; and “(C) generally encourage and promote (through regulation or otherwise) the production of alcohol for fuel purposes. “(b) Authority To Exempt.— The Secretary may by regulation provide for the waiver of any provision of this chapter (other than this section or any provision requiring the payment of tax) for any distilled spirits plant described in subsection (a) if the Secretary finds it necessary to carry out the provisions of this section. “(c) Special Rules for Small Plant Production.— “(1) Applications.— “(A) In general.— An application for an operating permit for an eligible distilled spirits plant shall be in such a form and manner, and contain such information, as the Secretary may by regulations prescribe; except that the Secretary shall, to the greatest extent possible, take steps to simplify the application so as to expedite the issuance of such permits. “(B) Receipt of application.— Within 15 days of receipt of an application under subparagraph (A), the Secretary shall send a written notice of receipt to the applicant, together with a statement as to whether the application meets the requirements of subparagraph (A). If such a notice is not sent and the applicant has a receipt indicating that the Secretary has received an application, paragraph (2) shall apply as if a written notice required by the preceding sentence, together with a statement that the application meets the requirements of subparagraph (A), had been sent on the 15th day after the date the Secretary received the application. “(C) Multiple applications.— If more than one application is submitted with respect to any eligible distilled spirits plant in any calendar quarter, the provisions of this section shall apply only to the first application submitted with respect to such plant during such quarter. For purposes of the preceding sentence, if a corrected or amended first application is filed, such application shall not be considered as a separate application, and the 15-day period referred to in subparagraph (A) shall commence with receipt of the corrected or amended application. “(2) Determination.— “(A) In general.— In any case in which the Secretary under paragraph (1)(B) has notified an applicant of receipt of an application which meets the requirements of paragraph (1)(A), the Secretary shall make a determination as to whether such operating permit is to be issued, and shall notify the applicant of such determination, within 45 days of the date on which notice was sent under paragraph (1)(B). “(B) Failure to make determination.— If the Secretary has not notified an applicant within the time prescribed under subparagraph (A), the application shall be treated as approved. “(C) Rejection of application.— If the Secretary determines under subparagraph (A) that a permit should not be issued— “(i) the Secretary shall include in the notice to the applicant of such determination under subparagraph (A) detailed reasons for such determination, and “(ii) such determination shall not prejudice any further application for such operating permit. “(3) Bond.— No bond shall be required for an eligible distilled spirits plant. For purposes of section 5212 and subsection (e)(2) of 26 USC 5212. this section, the premises of an eligible distilled spirits plant shall be treated as bonded premises. “(4) Eligible distilled spirits plant.— The term ‘eligible distilled spirits plant’ means a plant which is used to produce distilled spirits exclusively for fuel use and the production from which does not exceed 10,000 proof gallons per year. “(d) Withdrawal Free of Tax.— Distilled spirits produced under this section may be withdrawn free of tax from the bonded premises (and any premises which are not bonded by reason of subsection (c)(3)) of a distilled spirits plant exclusively for fuel use as provided in section 5214(a)(12). 26 USC 5214. “(e) Prohibited Withdrawal, Use, Sale, or Disposition.— “(1) In general.— Distilled spirits produced under this section shall not be withdrawn, used, sold, or disposed of for other than fuel use. “(2) Rendering unfit for use.— For protection of the revenue and under such regulations as the Secretary may prescribe, distilled spirits produced under this section shall, before withdrawal from the bonded premises of a distilled spirits plant, be rendered unfit for beverage use by the addition of substances which will not impair the quality of the spirits for fuel use. “(f) Definition of Distilled Spirits.— For purposes of this section, the term ‘distilled spirits’ does not include distilled spirits produced from petroleum, natural gas, or coal”. (2) Technical and conforming amendments.— (A) Section 5601(a) (relating to criminal penalties) is amended by adding the word “or” at the end of paragraph (14) and by inserting immediately after paragraph (14) the following new paragraph: “(15) Unauthorized withdrawal, use, sale, or distribution of distilled spirits for fuel use.— Withdraws, uses, sells, or otherwise disposes of distilled spirits produced under section Ante, p. 278. 26 USC 5214. 5181 for other than fuel use;”. (B) Section 5214(a) (relating to withdrawal of distilled spirits from bonded premises free of tax) is amended by striking out the period at the end of paragraph (11) and inserting in lieu thereof a semicolon and the word “or” and by adding at the end thereof the following new paragraph: “(12) free of tax in the case of distilled spirits produced under Ante, p. 278. 26 USC 5004. section 5181.” (C) Section 5004(a)(2)(B) (relating to lien for tax) is amended by striking out “or (11),” and inserting “(11), or (12),”. (D) Section 5005(d) (relating to person liable for tax) is amended by striking out “or (11)”, and inserting “(11), or (12),”. (E) Section 221(d) of the Energy Tax Act of 1978 is repealed. (F) The table of sections for subchapter B of chapter 51 is amended by striking out the item relating to section 5181 and by inserting after section 5180 the following new items: “Sec. 5181. Distilled spirits for fuel use. “Sec. 5182. Cross references.” (f) Study of Imported Alcohol.— Within 180 days after the date of the enactment of this Act, the Secretary of the Treasury shall furnish to the Committee on Finance of the United States Senate and to the Committee on Ways and Means of the United States House of Representatives recommendations as to what methods, if any, may be used to limit the importing of alcohol into the United States for fuel purposes, including, but not limited to— (1) denial of the exemption under sections 4081(c) and 4041(k) of the Internal Revenue Code of 1954 or of the credit under section Ante, pp. 273, 276, 277. 44E of such Code to fuels produced from imported alcohol, (2) import quotas and duties on such alcohol, and (3) strict surveillance of such imports to monitor their effect on the domestic fuel alcohol industry. (g) Reports.— Subsection (c) of section 221 of the Energy Tax Act of 26 USC 4041 note. Submittal to Congress. 1978 is amended to read as follows: “(c) Reports.— On April 1 of each year, beginning with April 1, 1981, and ending with April 1, 1992, the Secretary of Energy, in consultation with the Secretary of the Treasury and the Secretary of Transportation, shall submit to the Congress a report on the use of alcohol in fuel. The report shall include— “(1) a description of the firms engaged in the alcohol fuel industry, “(2) the amount of alcohol fuel sold in each State, and the amount of gasoline saved in each State by reason of the use of alcohol fuels, “(3) the revenue loss resulting from the exemptions from tax for alcohol fuels under sections 404 l(k) and 4081(c) of the Internal Revenue Code of 1954 and the credit allowable under section 44E Ante, pp. 273, 276, 277. of such Code and the impact of such revenue loss on the Highway Trust Fund, and “(4) the cost of production and the retail cost of alcohol fuels as compared to gasoline and special fuels not mixed with alcohol.” (h) Effective Dates.— (1) Subsections (b) and (c).— The amendments made by subsections 26 USC 44E note. (b) and (c) shall apply to sales or uses after September 30, 1980, in taxable years ending after such date. (2) Subsection (d).— (A) In general.— The amendments made by subsection (d) shall take effect on January 1, 1979. (B) Transitional rule.— Any mixture sold or used on or after January 1, 1979, and before the date of the enactment of this Act which is described in section 6427(f)(1) of the Internal Revenue Code of 1954 (as amended by subsection Ante, p. 277. (d)) shall, for purposes of section 6427 of such Code, be treated as sold or used on the date of the enactment of this Act. (3) Distilled spirits plants.— The amendments made by subsection 26 USC 5181 note. (e) shall take effect on the first day of the first calendar month beginning more than 60 days after the date of the enactment of this Act. PART IV— ENERGY-RELATED USES OF TAX-EXEMPT BONDS SEC. 241. SOLID WASTE DISPOSAL FACILITIES. (a) In General.— Section 103 (relating to interest on governmental 26 USC 103. obligations) is amended by redesignating subsection (g) as subsection (h), and by inserting after subsection (f) the following new subsection: “(g) Qualified Steam-Generating or Alcohol-Producing Facilities.— “(1) In general.— For purposes of subsection (b)(4)(E), the term Definitions. ‘solid waste disposal facility’ includes— “(A) a qualified steam-generating facility, and “(B) a qualified alcohol-producing facility. “(2) Qualified steam-generating facility defined.— For purposes of paragraph (1), the term ‘qualified steam-generating facility’ means a steam-generating facility for which— “(A) more than half of the fuel (determined on a Btu basis) is solid waste or fuel derived from solid waste, and “(B) substantially all of the solid waste derived fuel is produced at a facility which is— “(i) located at or adjacent to the site for such steam-generating facility, and “(ii) owned and operated by the person who owns and operates the steam-generating facility. “(3) Qualified alcohol-producing facility.— For purposes of paragraph (1), the term ‘qualified alcohol-producing facility’ means a facility— “(A) the primary product of which is alcohol, “(B) more than half of the feedstock for which is solid waste or a feedstock derived from solid waste, and “(C) substantially all of the solid waste derived feedstock for which is produced at a facility which is— “(i) located at or adjacent to the site for such alcohol-producing facility, and “(ii) owned and operated by the person who owns and operates the alcohol-producing facility. “(4) Special rule in case of steam-generating facility.— A facility for producing solid waste derived fuel shall be treated as a facility which meets the requirements of clauses (i) and (ii) of paragraph (2)(B) if— “(A) such facility and the steam-generating facility are owned and operated by or for a State or the same political subdivision or subdivisions of a State, and “(B) substantially all of the solid waste used in producing the solid waste derived fuel at the facility producing such fuel is collected from the area in which the steam-generating facility is located.” (b) Certain Solid Waste and Energy-Producing Facilities.— (1) General rule.— For purposes of section 103 of the Internal Ante, p. 281. Post, p. 286. Revenue Code of 1954, any obligation issued by an authority for 2 or more political subdivisions of a State which is part of an issue substantially all of the proceeds of which are to be used to provide solid waste-energy producing facilities shall be treated as an obligation of a political subdivision of a State which meets the requirements of section 103(b)(4)(E) of such Code (relating to solid waste disposal, etc., facilities). Nothing in the preceding sentence shall be construed to override the limitations of section 103(c) of such Code (relating to arbitrage bonds). (2) Solid waste-energy producing facilities.— For purposes of paragraph (1), the term “solid waste-energy producing facilities” means any solid waste disposal facility and any facility for the production of steam and electrical energy if— (A) substantially all of the fuel for the facility producing steam and electrical energy is derived from solid waste from such solid waste disposal facility, (B) both such solid waste disposal facility and the facility producing steam and electrical energy are owned and operated by the authority referred to in paragraph (1), and (C) all of the electrical energy and steam produced by the facility for producing steam and electricity which is not used by such facility is sold, for purposes other than resale, to an agency or instrumentality of the United States. (3) Solid waste disposal facility.— For purposes of paragraph (2), the term “solid waste disposal facility” means any solid waste disposal facility within the meaning of section 103(b)(4)(E) of the Internal Revenue Code of 1954 (determined without regard to section 103(g) of such Code). (4) Obligations must be in registered form.— This subsection shall not apply to any obligation which is not issued in registered form. (c) Special Rule for Certain Alcohol-Producing Facilities.— (1) In general.— Subparagraph (C) of section 103(g)(3) of the Ante, p. 281. Internal Revenue Code of 1954 (as added by subsection (a)) shall not apply to any facility for the production of alcohol from solid waste if— (A) substantially all of the solid waste derived feedstock for such facility is produced at a facility which— (i) went into full production in 1977, (ii) is located within the limits of a city, and (iii) is located in the same metropolitan area as the alcohol-producing facility, and (B) before March 1, 1980, there were negotiations between a governmental body and an organization described in section 501(c)(3) of the Internal Revenue Code of 1954 with 26 USC 501. respect to the utilization of a special process for the production of alcohol at such alcohol-producing facility. (2) Limitation.— The aggregate amount of obligations which may be issued by reason of paragraph (1) with respect to any project shall not exceed $30,000,000. (3) Termination.— This subsection shall not apply to obligations issued after December 31, 1985. (d) Effective Date.— The amendments made by subsection (a) and 26 USC 103 note. the provisions of subsections (b) and (c) shall apply with respect to obligations issued after October 18, 1979. SEC. 242. QUALIFIED HYDROELECTRIC GENERATING FACILITIES. (a) Qualified Hydroelectric Generating Facilities.— (1) In general.— Paragraph (4) of section 103(b) (relating to 26 USC 103. certain exempt activities) is amended— (A) by striking out “or” at the end of subparagraph (F), (B) by striking out the period at the end of subparagraph (G) and inserting in lieu thereof”, or”, and (C) by inserting after subparagraph (G) the following new subparagraph: “(H) qualified hydroelectric generating facilities.” (2) Definitions.— Subsection (b) of section 103 is amended by redesignating paragraph (8) as paragraph (9) and by inserting after paragraph (7) the following new paragraph: “(8) Qualified hydroelectric generating facilities.— For purposes of this section— “(A) Qualified hydroelectric generating facility.— The term ‘qualified hydroelectric generating facility’ means any qualified hydroelectric generating property which is owned by a State, political subdivision thereof, or agency or instrumentality of any of the foregoing. “(B) Qualified hydroelectric generating property.— “(i) In general.— Except as provided in clause (ii), the term ‘qualified hydroelectric generating property’ has the meaning given to such term by section 48(l)(13). Ante, p. 262. “(ii) Dam must be owned by governmental body.— The term ‘qualified hydroelectric generating property’ does not include any property installed at the site of any dam described in section 48(1)(13)(B)(i)(I) unless such dam was owned by one or more governmental bodies described in subparagraph (A) on October 18, 1979, and at all times thereafter until the obligations are no longer outstanding. “(C) Limitation.— Paragraph (4)(H) of this subsection shall not apply to any issue of obligations (otherwise qualifying under paragraph (4)(H)) if the portion of the proceeds of such issue which is used to provide qualified hydroelectric generating facilities exceeds (by more than an insubstantial amount) the product of— “(i) the eligible cost of the facilities being provided in whole or in part from the proceeds of the issue, and “(ii) the installed capacity fraction. “(D) Installed capacity fraction.— The term ‘installed capacity fraction’ means the fraction— “(i) the numerator of which is 25, reduced by 1 for each megawatt by which the installed capacity exceeds 100 megawatts, and “(ii) the denominator of which is the number of megawatts of the installed capacity (but not in excess of 100). For purposes of the preceding sentence, the term ‘installed capacity’ has the meaning given to such term by section Ante, p. 262. 48(l)(13)(E). “(E) Eligible cost.— “(i) In general.— The eligible cost of any facilities is that portion of the total cost of such facilities which is reasonably expected— “(I) to be the cost to the governmental body described in subparagraph (A), and “(II) to be attributable to periods after October 18, 1979, and before 1986 (determined under rules similar to the rules of section 48(m)). “(ii) Longer period for certain hydroelectric generating property.— If an application has been docketed by the Federal Energy Regulatory Commission before January 1, 1986, with respect to the installation of any qualified hydroelectric generating property, clause (i)(II) shall be applied with respect to such property by substituting ‘1989’ for ‘1986’. “(F) Certain prior issues taken into account.— If the proceeds of 2 or more issues (whether or not the issuer of each issue is the same) are or will be used to finance the same facilities, then, for purposes of subparagraph (C), in determining the amount of the proceeds of any later issue used to finance such facilities, there shall be taken into account the proceeds used to finance such facilities of all prior such issues which are outstanding at the time of such later issue (not including as outstanding any obligation which is to be redeemed from the proceeds of the later issue).” (b) Application of Section 103(b)(4)(H) to Certain Facilities.— (1) In general.— For purposes of section 103(b)(4)(H) of the Internal Revenue Code of 1954 (relating to qualified hydroelectric generating facilities), in the case of a hydroelectric generating facility described in paragraph (2)— (A) the facility shall be treated as a qualified hydroelectric generating facility (as defined in section 103(b)(8)(A) of such Code) without regard to clause (ii) of section 48(l)(13)(8) of such Code (relating to maximum generating capacity), and (B) the fraction referred to in subparagraph (C) of section 103(b)(8) of such Code shall be deemed to be 1. (2) Facilities to which paragraph (1) applies.— A facility is described in this paragraph if— (A) it would be a qualified hydroelectric generating facility (as defined in section 103(b)(8)(A) of such Code) if clause (ii) of section 48(l)(13)(B) did not apply, (B) it constitutes an expansion of generating capacity at an existing hydroelectric generating facility, (C) such facility is located at 1 of 2 dams located in the same county where— (i) the rated capacity of the hydroelectric generating facilities at each such dam on October 18, 1979, was more than 750 megawatts, (ii) the construction of the first such dam began in 1956, power at such first dam was first generated in 1959, and full power production at such first dam began in 1961, and (iii) the construction of the second such dam began in 1959, power at such second dam was first generated in 1963, and full power production at such second dam began in 1964, (D) acquisition or construction of the existing facility referred to in subparagraph (B) was financed with the proceeds of an obligation described in section 103(a)(1) of such Code, 26 USC 103. (E) the existing facility is owned and operated by a State, political subdivision of a State, or agency or instrumentality of any of the foregoing, (F) no more than 60 percent of the electric power and energy produced by such existing facility and of the qualified hydroelectric generating facility is to be sold to anyone other than an exempt person (within the meaning of section 103(b)(3) of such Code), and (G) the agency of the State in which the facility is located which has jurisdiction over water rights had granted, before October 18, 1979, a water right under which expanded power and energy generating capacity for the facility was contemplated. (c) Effective Date.— The amendments made by subsection (a) and 26 USC 103 note. the provisions of subsection (b) shall apply with respect to obligations issued after October 18, 1979. SEC. 243. RENEWABLE ENERGY PROPERTY. (a) Certain State Obligations for Renewable Energy Property.— (1) In general.— Paragraph (1) of subsection (b) of section 103 of the Internal Revenue Code of 1954 shall not apply to any obligation issued as part of an issue substantially all of the proceeds of which are to be used to provide renewable energy property, if— (A) the obligations are general obligations of a State, (B) the authority for the issuance of the obligations requires that taxes be levied in sufficient amount to provide for the payment of principal and interest on such obligations, (C) the amount of such obligations, when added to the sum of the amounts of all such obligations previously issued by the State which are outstanding, does not exceed the smaller of— (i) $500,000,000 or (ii) one-half of 1 percent of the value of all property in the State, (D) such obligations are issued pursuant to a program to provide financing for small scale energy projects which was established by a State the legislature of which, before Octo-ber 18, 1979, approved a constitutional amendment to provide for such a program, and (E) such obligations meet the requirements of paragraph Ante, p. 281. Infra. (1) of section 103(h) of the Internal Revenue Code of 1954. (2) Renewable energy property.— For purposes of this subsection, the term “renewable energy property means property used to produce energy (including heat, electricity, and substitute fuels) from renewable energy sources (including wind, solar, and geothermal energy, waste heat, biomass, and water). (b) Effective Date.— Subsection (a) shall apply with respect to obligations issued after the date of enactment of this Act. SEC. 244. CERTAIN OBLIGATIONS MUST BE IN REGISTERED FORM AND NOT GUARANTEED OR SUBSIDIZED UNDER AN ENERGY PROGRAM. (a) General Rule.— Section 103 (relating to interest on governmental Ante, p. 281. obligations), as amended by section 241, is amended by redesignating subsection (h) as subsection (i) and by inserting after subsection (g) the following new subsection: “(h) Certain Obligations Must Be in Registered Form and Not Guaranteed or Subsidized Under an Energy Program.— “(1) In general.— An obligation to which this subsection applies shall be treated as an obligation not described in subsection (a) if— “(A) such obligation is not issued in registered form, “(B) the payment of principal or interest with respect to such obligation is guaranteed (in whole or in part) by the United States under a program a principal purpose of which is to encourage the production or conservation of energy, or “(C) the payment of the principal or interest with respect to such obligation is to be made (in whole or in part) with funds provided under such a program of the United States, a State, or a political subdivision of a State. “(2) Obligations to which this subsection applies.— This subsection shall apply to any obligations to which paragraph (1) of subsection (b) does not apply by reason of— “(A) subsection (b)(4)(H) (relating to qualified hydroelectric generating facilities), or “(B) subsection (g) (relating to qualified steam-generating or alcohol-producing facilities).” (b) Effective Date.— The amendments made by subsection (a) shall apply to obligations issued on or after October 18, 1979. PART V— TERTIARY INJECTANTS SEC. 251. TERTIARY INJECTANTS. (a) Deduction for Tertiary Injectants.— (1) In general.— Part VI of subchapter B of chapter 1 (relating to itemized deductions for individuals and corporations) is amended by adding at the end thereof the following new section: “SEC. 193. TERTIARY INJECTANTS. “(a) Allowance of Deduction.— There shall be allowed as a deduction for the taxable year an amount equal to the qualified tertiary injectant expenses of the taxpayer for tertiary injectants injected during such taxable year. “(b) Qualified Tertiary Injectant Expenses.— For purposes of this section— “(1) In general.— The term ‘qualified tertiary injectant expenses’ means any cost paid or incurred during the taxable year (whether or not chargeable to capital account) for any tertiary injectant (other than a hydrocarbon injectant which is recoverable) which is used as a part of a tertiary recovery method. “(2) Hydrocarbon injectant.— The term ‘hydrocarbon injectant’ includes natural gas, crude oil, and any other injectant which is comprised of more than an insignificant amount of natural gas or crude oil. The term does not include any tertiary injectant which is hydrocarbon-based, or a hydrocarbon-derivative, and which is comprised of no more than an insignificant amount of natural gas or crude oil. For purposes of this paragraph, that portion of a hydrocarbon injectant which is not a hydrocarbon shall not be treated as a hydrocarbon injectant. “(3) Tertiary recovery method.— The term ‘tertiary recovery method’ means— “(A) any method which is described in subparagraphs (1) through (9) of section 212.78(c) of the June 1979 energy 10 CFR 212.78. Ante, p. 247. regulations (as defined by section 4996(b)(8)(C)), or “(B) any other method to provide tertiary enhanced recovery which is approved by the Secretary for purposes of this section. “(c) Application With Other Deductions.— No deduction shall be allowed under subsection (a) with respect to any expenditure— “(1) with respect to which the taxpayer has made an election under section 263(c), or 26 USC 263. “(2) with respect to which a deduction is allowed or allowable to the taxpayer under any other provision of this chapter.” (2) Technical and conforming amendments.— (A) The table of sections for such part VI is amended by adding at the end thereof the following new item: “Sec. 193. Tertiary injectants.” (B) Section 263(a)(1) (relating to capital expenditures) is amended— (i) by striking out “or” at the end of subparagraph (E), (ii) by striking out the period at the end of subparagraph (F) and inserting in lieu thereof “, or”, and (iii) by adding at the end thereof the following new subparagraph: “(G) expenditures for tertiary injectants with respect to which a deduction is allowed under section 193.” Ante, p. 286. 26 USC 1245. (C) Section 1245(a) (relating to gain from dispositions of certain depreciable property) is amended— (i) by striking out “or 190” each place it appears in paragraphs (2)(D) and (3)(D) and inserting in lieu thereof “190, or 193”, (ii) by inserting “193,” after “190,” each place it appears in paragraph (2), and (iii) by inserting “or 193” after “190” in the last sentence of paragraph (2). (D) Section 1250(b)(3) (relating to depreciation adjustments) 26 USC 1250. is amended by striking out “or 190” and inserting in lieu thereof “190, or 193”. (b) Effective Date.— The amendments made by this section shall 26 USC 193 note. apply to taxable years beginning after December 31, 1979.

  12. Economic Recovery Tax Act of 1981

    Pub. L. 97–34 § 331(e)(1) · 95 Stat. 175

    Inserted · 26 U.S.C. § 6096(b)

    Pub. L. 97–34, § 331(e)(1), inserted reference to section 44G

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 97–34, § 331(e)(1), inserted reference to section 44G.

    Enacted provision · exact public law section
    (1) Subsection (b) of section 6096 (relating to designation of Ante, p. 247. income tax payments to Presidential Election Campaign Fund), as amended by this Act, is amended by striking out “and 44F” and inserting in lieu thereof “44F, and 44G”.

  13. Economic Recovery Tax Act of 1981

    Pub. L. 97–34 § 221(c)(1) · 95 Stat. 175

    Inserted · 26 U.S.C. § 6096(b)

    Pub. L. 97–34, § 221(c)(1), inserted reference to section 44F

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 97–34, § 221(c)(1), inserted reference to section 44F.

    Enacted provision · exact public law section
    (1) Subsection (b) of section 6096 (relating to designation of 94 Stat. 276. Post, p. 295. income tax payments to Presidential Election Campaign Fund) is amended by striking out “and 44E” and inserting in lieu thereof “44E, and 44F”.

  14. Pub. L. 97–414 § 4(c)(2) · 96 Stat. 2049

    Inserted · 26 U.S.C. § 6096(b)

    Pub. L. 97–414 inserted reference to section 44H

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 97–414 inserted reference to section 44H.

    Enacted provision · exact public law section
    (2) 26 USC 6096. Subsection (b) of section 6096 of such Code is amended by striking out “and 44G” and inserting in lieu thereof “44G, and 44H”.

  15. Tax Reform Act of 1984

    Pub. L. 98–369 div. A title IV § 474(r)(31) · 98 Stat. 494

    Substituted · 26 U.S.C. § 6096(b)

    Pub. L. 98–369 substituted “allowable under part IV of subchapter A of chapter 1 (other than subpart C thereof” for “allowable under sections 33, 37, 38, 40, 41, 42, 44, 44A, 44B, 44C, 44D, 44E, 44F, 44G, and 44H”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 98–369 substituted “allowable under part IV of subchapter A of chapter 1 (other than subpart C thereof” for “allowable under sections 33, 37, 38, 40, 41, 42, 44, 44A, 44B, 44C, 44D, 44E, 44F, 44G, and 44H”.

    Enacted provision · exact public law section
    (31) Section 6096(b).— Subsection (b) of section 6096 (defining 26 USC 6096. income tax liability) is amended by striking out “allowable under sections 33, 37, 38, 40, 41, 42, 44, 44A, 44B, 44C, 44D, 44E, 44F, 44G, and 44H” and inserting in lieu thereof “allowable under part IV of subchapter A of chapter 1 (other than subpart C thereof)”.

  16. Revenue Reconciliation Act of 1993

    Pub. L. 103–66 title XIII § 13441(a) · 107 Stat. 312

    1. Substituted · 26 U.S.C. § 6096(a)

      Pub. L. 103–66 substituted “$6” for “$2” wherever appearing

    2. Substituted · 26 U.S.C. § 6096(a)

      Pub. L. 103–66 substituted “$3” for “$1” wherever appearing

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 103–66 substituted “$6” for “$2” and “$3” for “$1” wherever appearing.

    Enacted provision · exact public law section
    (a) In General.— Section 6096(a) (relating to designation by individuals) is amended— (1) by striking “$1” each place it appears and inserting “$3”, and (2) by striking “$2” and inserting “$6”.

    Effective date note
    Pub. L. 103–66, title XIII, § 13441(b), Aug. 10, 1993, 107 Stat. 568, provided that: “The amendments made by subsection (a) [amending this section] apply with respect to tax returns required to be filed after December 31, 1993.”

17 of 19 references resolved to an enrolled provision · 2 partial

Editorial Notes

Amendments1971–1993 · 11 rounds

1993

Subsec. (a). Pub. L. 103–66 substituted “$6” for “$2” and “$3” for “$1” wherever appearing.

1984

Subsec. (b). Pub. L. 98–369 substituted “allowable under part IV of subchapter A of chapter 1 (other than subpart C thereof” for “allowable under sections 33, 37, 38, 40, 41, 42, 44, 44A, 44B, 44C, 44D, 44E, 44F, 44G, and 44H”.

1983

Subsec. (b). Pub. L. 97–414 inserted reference to section 44H.

1981

Subsec. (b). Pub. L. 97–34, § 331(e)(1), inserted reference to section 44G.

Pub. L. 97–34, § 221(c)(1), inserted reference to section 44F.

1980

Subsec. (b). Pub. L. 96–223, §§ 231(b)(2), 232(b)(3)(C), inserted reference to sections 44D and 44E.

1978

Subsec. (b). Pub. L. 95–618 inserted reference to section 44C.

1977

Subsec. (b). Pub. L. 95–30 inserted reference to section 44B.

1976

Subsec. (b). Pub. L. 94–455, §§ 401(a)(2)(C), 504(c)(2), inserted reference to section 42 in subsec. (a) as in effect on day before date of enactment of Pub. L. 94–12 and reference to section 44A.

Subsec. (c). Pub. L. 94–455, § 1906(b)(13)(A), struck out “or his delegate” after “Secretary”.

1975

Subsec. (b). Pub. L. 94–12 inserted reference to sections 42 and 44.

1973

Subsec. (a). Pub. L. 93–53 struck out “for the account of the candidates of any specified political party for President and Vice President of the United States, or if no specific account is designated by such individual, for a general account for all candidates for election to the offices of President and Vice President of the United States,” after “Fund” and substituted “section 9006(a)” for “section 9006(a)(1)”.

Subsec. (b). Pub. L. 93–53 struck out reference to sections 32(2) and 35, and inserted reference to sections 40 and 41.

Subsec. (c). Pub. L. 93–53 provided that if designation is made at the time of filing the return of the tax imposed by chapter 1 for the taxable year, the designation shall be made either on the first page of the return or on the page bearing the taxpayer’s signature.

1971

Subsec. (a). Pub. L. 92–178 substituted “$1 shall be paid over to the Presidential Election Campaign Fund for the account of the candidates of any specified political party for President and Vice President of the United States, or if no specific account is designated by such individual, for a general account for all candidates for election to the offices of President and Vice President of the United States, in accordance with the provisions of section 9006(a)(1)” for “$1 shall be paid into the Presidential Election Campaign Fund established by section 303 of the Presidential Election Campaign Fund Act of 1966” and provided, in the case of a joint return of husband and wife having an income tax liability of $2 or more, that each spouse may designate that $1 shall be paid to any such account in the fund.

Statutory Notes and Related Subsidiaries

Effective Date of 1993 Amendment

Pub. L. 103–66, title XIII, § 13441(b), , 107 Stat. 568, provided that: “The amendments made by subsection (a) [amending this section] apply with respect to tax returns required to be filed after .”

Effective Date of 1984 Amendment

Amendment by Pub. L. 98–369 applicable to taxable years beginning after , and to carrybacks from such years, see section 475(a) of Pub. L. 98–369, set out as a note under section 21 of this title.

Effective Date of 1983 Amendment

Amendment by Pub. L. 97–414 applicable to amounts paid or incurred after , in taxable years ending after such date, see section 4(d) of Pub. L. 97–414, set out as an Effective Date note under section 28 of this title.

Effective Date of 1981 Amendment

Amendment by section 221(c)(1) of Pub. L. 97–34 applicable to amounts paid or incurred after , see section 221(d) of Pub. L. 97–34, as amended, set out as an Effective Date note under section 41 of this title.

Amendment by section 331(e)(1) of Pub. L. 97–34 applicable to taxable years beginning after , see section 339 of Pub. L. 97–34, set out as a note under section 401 of this title.

Effective Date of 1980 Amendment

Amendment by section 231(b)(2) of Pub. L. 96–223, applicable to taxable years ending after , see section 231(c) of Pub. L. 96–223, set out as an Effective Date note under section 45K of this title.

Amendment by section 232(b)(3)(C) of Pub. L. 96–223 applicable to sales or uses after , in taxable years ending after that date, see section 232(h)(1) of Pub. L. 96–223, set out as an Effective Date note under section 40 of this title.

Effective Date of 1978 Amendment

Amendment by Pub. L. 95–618 applicable to taxable years ending on or after , see section 101(c) of Pub. L. 95–618, set out as a note under section 1016 of this title.

Effective Date of 1977 Amendment

Amendment by Pub. L. 95–30 applicable to taxable years beginning after , and to credit carrybacks from such years, see section 202(e) of Pub. L. 95–30, set out as an Effective Date note under section 51 of this title.

Effective and Termination Dates of 1976 Amendment

Amendment by section 401(a)(2)(C) of Pub. L. 94–455 applicable to taxable years ending after , but ceasing to be applicable to taxable years ending after , see section 401(e) of Pub. L. 94–455, as amended, set out as an Effective Date of 1976 Amendment note under section 32 of this title.

Amendment by section 504(c)(2) of Pub. L. 94–455 applicable to taxable years beginning after , see section 508 of Pub. L. 94–455, set out as an Effective Date of 1976 Amendment note under section 3 of this title.

Effective and Termination Dates of 1975 Amendment

Amendment by Pub. L. 94–12 applicable to taxable years ending after , and to cease to apply to taxable years ending after , see section 209(a) of Pub. L. 94–12, set out as a note under section 3 of this title.

Effective Date of 1973 Amendment; Designation to the Presidential Election Campaign Fund

Pub. L. 93–53, § 6(d), , 87 Stat. 139, as amended by Pub. L. 99–514, § 2, , 100 Stat. 2095, provided that: “The amendments made by this section [amending this section and sections 9003, 9006, 9007, and 9012 of this title] shall apply with respect to taxable years beginning after . Any designation made under section 6096 of the Internal Revenue Code of 1986 [formerly I.R.C. 1954] (as in effect for taxable years beginning before ) for the account of the candidates of any specified political party shall, for purposes of section 9006(a) of such Code (as amended by subsection (b)), be treated solely as a designation to the Presidential Election Campaign Fund.”

Effective Date of Section and Effective Date of 1971 Amendment

Provisions of this section, together with amendment of subsec. (a) of this section by Pub. L. 92–178, applicable only to taxable years ending on or after , see section 802(b)(2) of Pub. L. 92–178, set out as a note under section 9001 of this title.

Effective Date

Pub. L. 89–809, title III, § 302(c), , 80 Stat. 1588, provided that: “The amendments made by this section [enacting this section] shall apply with respect to income tax liability for taxable years beginning after .”

Short Title

Pub. L. 89–809, title III, § 301, , 80 Stat. 1587, provided that: “This title [enacting this section and sections 971, 972, and 973 of former Title 31, Money and Finance] may be cited as the ‘Presidential Election Campaign Fund Act of 1966’.”

Adoption of Guidelines

Pub. L. 90–26, § 5, , 81 Stat. 58, as amended by Pub. L. 99–514, § 2, , 100 Stat. 2095, provided that:

“(a)

Funds which become available under the Presidential Election Campaign Fund Act of 1966 [this section and section 971 et seq. of former Title 31, Money and Finance] shall be appropriated and disbursed only after the adoption by law of guidelines governing their distribution. Section 6096 of the Internal Revenue Code of 1986 [formerly I.R.C. 1954] shall become applicable only after the adoption by law of such guidelines.

“(b)

Guidelines adopted in accordance with this section shall state expressly that they are intended to comply with this section.”

Credits

1966–1993 · 12 acts
  1. 1966Added Pub. L. 89–809, title III, § 302(a), , 80 Stat. 1587
  2. 1971amended Pub. L. 92–178, title VIII, § 802(a), , 85 Stat. 573
  3. 1973Pub. L. 93–53, § 6(a), , 87 Stat. 138
  4. 1975Pub. L. 94–12, title II, §§ 203(b)(4), 208(d)(4), , 89 Stat. 30, 35
  5. 1976Pub. L. 94–455, title IV, § 401(a)(2)(C), title V, § 504(c)(2), title XIX, § 1906(b)(13)(A), , 90 Stat. 1555, 1565, 1834
  6. 1977Pub. L. 95–30, title II, § 202(d)(6), , 91 Stat. 151
  7. 1978Pub. L. 95–618, title I, § 101(b)(4), , 92 Stat. 3180
  8. 1980Pub. L. 96–223, title II, §§ 231(b)(2), 232(b)(3)(C), , 94 Stat. 272, 276
  9. 1981Pub. L. 97–34, title II, § 221(c)(1), title III, § 331(e)(1), , 95 Stat. 247, 295
  10. 1983Pub. L. 97–414, § 4(c)(2), , 96 Stat. 2056
  11. 1984Pub. L. 98–369, div. A, title IV, § 474(r)(31), , 98 Stat. 845
  12. 1993Pub. L. 103–66, title XIII, § 13441(a), , 107 Stat. 567.
Show as published

(Added Pub. L. 89–809, title III, § 302(a), , 80 Stat. 1587; amended Pub. L. 92–178, title VIII, § 802(a), , 85 Stat. 573; Pub. L. 93–53, § 6(a), , 87 Stat. 138; Pub. L. 94–12, title II, §§ 203(b)(4), 208(d)(4), , 89 Stat. 30, 35; Pub. L. 94–455, title IV, § 401(a)(2)(C), title V, § 504(c)(2), title XIX, § 1906(b)(13)(A), , 90 Stat. 1555, 1565, 1834; Pub. L. 95–30, title II, § 202(d)(6), , 91 Stat. 151; Pub. L. 95–618, title I, § 101(b)(4), , 92 Stat. 3180; Pub. L. 96–223, title II, §§ 231(b)(2), 232(b)(3)(C), , 94 Stat. 272, 276; Pub. L. 97–34, title II, § 221(c)(1), title III, § 331(e)(1), , 95 Stat. 247, 295; Pub. L. 97–414, § 4(c)(2), , 96 Stat. 2056; Pub. L. 98–369, div. A, title IV, § 474(r)(31), , 98 Stat. 845; Pub. L. 103–66, title XIII, § 13441(a), , 107 Stat. 567.)

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