S.Amdt. 4548

1. Adds SEC. ___. REVISION OF BENEFITS wherever appropriate

   Adds a section

   Inserted: SEC. ___. REVISION OF BENEFITS.

   Inserted: (a) Safe Harbor for Meeting Requirement That 35 Percent of Employees Be Residents of Zone.--

   Inserted: (1) In general.--Section 1397C of the Internal Revenue Code of 1986 (defining enterprise zone business) is amended by adding at the end the following new subsection:

   Inserted: "(g) Additional Safe Harbor for Meeting Requirement That 35 Percent of Employees Be Residents of Zone.--The requirements of subsections (b)(6) and (c)(5) shall not fail to be treated as met for any period with respect to a qualified business if--

   Inserted: "(1) as of the date of issuance of an issue, the date property is placed in service, or the date of the sale of an asset, it is reasonably expected that within 3 years after such date the business will increase employment by at least the lesser of--

   Inserted: "(A) in the case of--

   Inserted: "(i) a business located in a renewal community or in a rural area (as defined in section 1393(a)(2)) in an empowerment zone or enterprise community, 500 full-time employees, or

   Inserted: "(ii) a business located outside a rural area (as so defined) in an empowerment zone or enterprise community, 1,000 full-time employees, or

   Inserted: "(B) 10 percent of the number of full-time employees estimated to have been employed in such zone or community on the date of its designation,

   Inserted: "(2) as of the date of issuance of the issue, it is reasonably expected that as a result of the bonds the business will increase employment by at least one job for each $150,000 in face amount of the issue,

   Inserted: "(3) at any time within 3 years after the date of the issuance of an issue, the date property is placed in service, or the date of the sale of an asset, the requirements of such subsections are met, or

   Inserted: "(4) the business enters into a binding agreement with the appropriate local government employment agency to apply a first source rule to advertise and prioritize employment opportunities with such business for qualified residents of such zone or community.".

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   Inserted: (2) Effective date.--The amendment made by this subsection shall take effect on the date of the enactment of this Act, except that in the case of obligations which are outstanding on such date, such date shall be deemed the date of issuance for such obligations.

   Inserted: (b) Eligibility of Businesses Developing or Holding Intangibles.--

   Inserted: (1) In general.--Paragraph (4) of section 1397C(d) of the Internal Revenue Code of 1986 is amended by inserting before the period "unless the intangibles are developed within the empowerment zone".

   Inserted: (2) Effective date.--The amendment made by this subsection shall apply to taxable years beginning after the date of the enactment of this Act.

   Inserted: (c) Reduced Wage Credit Allowable for Zone Residents Employed Outside the Zone; Employees Need Not Be Residents of Zone in Which Employed.--

   Inserted: (1) In general.--Subsection (b) of section 1396 of the Internal Revenue Code of 1986 is amended to read as follows:

   Inserted: "(b) Applicable Percentage.--

   Inserted: "(1) Qualified zone employees who perform substantially all of their services in an empowerment zone.--The applicable percentage is 20 percent with respect to qualified zone employees who would meet the requirement of subsection (d)(1) if only services performed within an empowerment zone were taken into account.

   Inserted: "(2) Other qualified zone employees.--

   Inserted: "(A) In general.--The applicable percentage is--

   Inserted: "(i) 20 percent in the case of designated qualified zone employees of employers which are enterprise zone businesses, and

   Inserted: "(ii) 10 percent in the case of any other designated qualified zone employee.

   Inserted: "(B) Limitations on number of designated employees.--

   Inserted: "(i) In general.--For purposes of subparagraph (A), the term 'designated qualified zone employee' means a qualified zone employee--

   Inserted: "(I) to whom paragraph (1) does not apply, and

   Inserted: "(II) who is designated under this subparagraph.

   Inserted: "(ii) Manner of designations.--Designations under this subparagraph shall be made by the local government or governments which nominated the area to be an empowerment zone.

   Inserted: "(iii) Limitation on designations.--The number of employees for whom a designation under this subparagraph is in effect at any one time with respect to each empowerment zone shall not exceed--

   Inserted: "(I) 500 for purposes of subparagraph (A)(i), and

   Inserted: "(II) 2,000 for purposes of subparagraph (A)(ii).".

   Inserted: (2) Qualified zone employee.--Paragraph (1) of section 1396(d) of such Code is amended--

   Inserted: (A) by striking "within an empowerment zone" in subparagraph (A), and

   Inserted: (B) by striking "such empowerment zone" in subparagraph (B) and inserting "an empowerment zone".

   Inserted: (3) Effective date.--The amendments made by this subsection shall apply to taxable years beginning after the date of the enactment of this Act.

   Inserted: (d) Carryforward of Unallocated State Commercial Revitalization Expenditure Ceiling.--

   Inserted: (1) In general.--Paragraph (1) of section 1400I(d) of the Internal Revenue Code of 1986 is amended to read as follows:

   Inserted: "(1) In general.--The aggregate commercial revitalization expenditure amount which a commercial revitalization agency may allocate for any calendar year is the amount equal to the sum of--

   Inserted: "(A) the amount of the State commercial revitalization expenditure ceiling determined under this paragraph for such calendar year for such agency (determined without regard to subparagraph (B)), and

   Inserted: "(B) the aggregate of the unused State commercial revitalization expenditure ceilings determined under this paragraph for such agency for each of the 2 preceding calendar years.

   Inserted: For purposes of subparagraph (B), amounts of expenditure ceiling shall be treated as allocated by an agency first from unused amounts for the second preceding calendar year, then from unused amounts for the 1st preceding calendar year, and then from amounts from the current year State allocation.".

   Inserted: (2) Effective date.--The amendment made by this subsection shall apply to calendar years beginning after the date of the enactment of this Act.

   Inserted: (e) Authority To Expand Boundaries of Zones and Communities.--

   Inserted: (1) Empowerment zones and enterprise communities.--Section 1391 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection:

   Inserted: "(i) Authority To Expand Boundaries of Designated Areas.--

   Inserted: "(1) In general.--At the request of all governments which nominated an area as an empowerment zone or enterprise community, the appropriate Secretary may expand the area of such zone or community to include 1 or more contiguous or noncontiguous areas if such governments establish to the satisfaction of the appropriate Secretary that such expansion furthers the purposes of the designation of the initial area as such a zone or community.

   Inserted: "(2) Rural areas.--With respect to any empowerment zone or enterprise community located in a rural area, at the request of the nominating local government, the appropriate Secretary shall expand the area of such zone or community to include the entire area of such nominating local government, but only if--

   Inserted: "(A) either--

   Inserted: "(i) the poverty rate and the unemployment rate for such entire area as determined by the 2000 decennial census data was at least 110 percent of such rate for the United States, or

   Inserted: "(ii) during the period beginning with the 1990 decennial census and ending with the 2000 decennial census, such entire area has a net out migration of inhabitants of at least 10 percent of the population of such area, and

   Inserted: "(B) such entire area meets 1 or more of the following criteria determined by the 2000 decennial census data:

   Inserted: "(i) Median household income is not more than 70 percent of such income for the United States.

   Inserted: "(ii) Per capita income is not more than 75 percent of such income for the United States.

   Inserted: "(iii) The percentage of such area's population which is disabled is at least 130 percent of such percentage for the United States.".

   Inserted: (2) Renewal communities.--Section 1400E of such Code is amended by adding at the end the following new subsection:

   Inserted: "(h) Authority To Expand Boundaries of Designated Areas.--

   Inserted: "(1) In general.--At the request of all governments which nominated an area as a renewal community, the Secretary of Housing and Urban Development may expand the area of such community to include 1 or more noncontiguous areas if such governments establish to the satisfaction of such Secretary that such expansion furthers the purposes of the designation of the initial area as a renewal community.

   Inserted: "(2) Rural areas.--With respect to any renewal community located in a rural area, at the request of the nominating local government, the Secretary of Housing and Urban Development shall expand the area of such community to include the entire area of such nominating local government, but only if--

   Inserted: "(A) either--

   Inserted: "(i) the poverty rate and the unemployment rate for such entire area as determined by the 2000 decennial census data was at least 110 percent of such rate for the United States, or

   Inserted: "(ii) during the period beginning with the 1990 decennial census and ending with the 2000 decennial census, such entire area has a net out migration of inhabitants of at least 10 percent of the population of such area, and

   Inserted: "(B) such entire area meets 1 or more of the following criteria determined by the 2000 decennial census data:

   Inserted: "(i) Median household income is not more than 70 percent of such income for the United States.

   Inserted: "(ii) Per capita income is not more than 75 percent of such income for the United States.

   Inserted: "(iii) The percentage of such area's population which is disabled is at least 130 percent of such percentage for the United States.".

   Inserted: (3) Effective date.--The amendments made by this subsection shall take effect on the date of the enactment of this Act.

   Inserted: (f) Election of Financing Arrangement in Lieu of Tax Benefits.--

   Inserted: (1) In general.--Section 1396 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection:

   Inserted: "(e) Election of Financing Arrangement in Lieu of Tax Benefits.--

   Inserted: "(1) In general.--At the election of any significant empowerment zone business, for the payment period of the debt obligation designated in such election (or as an amendment to such election) by such business--

   Inserted: "(A) such business--

   Inserted: "(i) shall not be allowed an empowerment zone employment credit described in subsection (a), and

   Inserted: "(ii) shall not be allowed any deduction for depreciation under section 168 with respect to qualified zone property that provides a cost recovery benefit described in paragraph (2), and

   Inserted: "(B) the Secretary shall make the payments described in paragraph (2) to a trustee designated by the electing business to accept such payments on behalf of such holders).

   Inserted: "(2) Payments.--

   Inserted: "(A) In general.--At the beginning of each year of the payment period, the Secretary shall pay (out of any money in the Treasury not otherwise appropriated) to the trustee designated by such business an amount equal to--

   Inserted: "(i) the empowerment zone employment credit computed for such year under this section as if the election was not made under this subsection, and

   Inserted: "(ii) except as provided in paragraph (4)(A), the amount equal to the cost recovery benefit divided by the number of years in the payment period described in subparagraph (C).

   Inserted: "(B) Cost recovery benefit.--For purposes of subparagraph (A), the cost recovery benefit shall be an amount equal to 25 percent of--

   Inserted: "(i) the cost of any tangible property which is qualified zone property (including improvements to such tangible property) incurred by the significant empowerment zone business before the end of the first 5 full calendar years beginning after the date the election is made under this subsection, and

   Inserted: "(ii) any such cost for which a binding contract for financing the acquisition of such tangible property (including improvements to such tangible property) has been made by such business and which under the terms of the financing is to be incurred within the first 5 full calendar years beginning after the date of the election made under this subsection.

   Inserted: "(C) Payment period.--The payment period is the period of 15 calendar years beginning with the earlier of--

   Inserted: "(i) the calendar year specified by the significant empowerment zone business as the 1st year of the payment period without regard to the date the property is placed in service, or

   Inserted: "(ii) the 5th calendar year beginning after the date that the election under this subsection is made.

   Inserted: "(3) Significant empowerment zone business.--For purposes of this subsection, the term 'significant empowerment zone business' means any trade or business operating in an empowerment zone if--

   Inserted: "(A) such business is nominated by the chief executive or the legislative body of the State or a local government in which the zone property is located, and

   Inserted: "(B) the Secretary of Housing and Urban Development determines that--

   Inserted: "(i) it is a facility for qualified research as defined in section 41(d) which is reasonably anticipated to make at least $50,000,000 of capital expenditures within the first 3 years of the payment period, or

   Inserted: "(ii) with respect to any other business, it is reasonably anticipated that such business will increase employment in such zone by the end of the first 3 years of the payment period by at least the lesser of--

   Inserted: "(I) 1,000 full-time employees or equivalents, or

   Inserted: "(II) 10 percent of the number of full-time employees estimated to have been employed in such zone on the date of its designation.

   Inserted: "(4) Special rules.--

   Inserted: "(A) Adjustment to cost recovery benefit.--In the event that the significant empowerment zone business does not incur a cost within the period described in paragraph (2)(B) and for which a cost recovery benefit payment is made under this subsection, the Secretary shall reduce future recovery benefit payments to recover 110 percent of the overpayments in equal installments over the remaining payment period. In the event that a cost described in paragraph (2)(B)(i) is incurred, or a contract described in paragraph (2)(B)(ii) is entered into, after the beginning of the payment period, the Secretary shall increase future recover benefit payments to recover 100 percent of the cost recovery benefit associated with such costs or contracts in equal installments over the remaining payment period.

   Inserted: "(B) Basis adjustment.--For purposes of this subtitle, if a cost recovery payment is made under this subsection with respect to any property, the basis of such property shall be reduced by the amount of such payment.

   Inserted: "(5) Treatment of payments.--Any payment made under this subsection shall not be treated as a Federal Government guarantee for purposes of section 149(b).".

   Inserted: (2) Conforming amendment.--Section 1016(a) of such Code is amended by striking "and" at the end of paragraph (36), by striking the period at the end of paragraph (37) and inserting ", and", and by adding at the end the following new paragraph:

   Inserted: "(38) to the extent provided in section 1396(e)(4)(B).".

   Inserted: (3) Effective date.--The amendments made by this subsection shall apply to taxable years beginning after the date of the enactment of this Act.

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