S.Amdt. 4796Senate111th Congress (2009-2011)2nd degree
S.Amdt. 4796
Sponsored by
Sen. Bernard Sanders (I-VT)
Submitted December 13, 2010
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Senate amendment submitted
December 13, 2010
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SA 4796. Mr. SANDERS submitted an amendment intended to be proposed to amendment SA 4753 proposed by Mr. Reid (for himself and Mr. McConnell) to the bill H.R. 4853, to amend the Internal Revenue Code of 1986 to extend the funding and expenditure authority of the Airport and Airway Trust Fund, to amend title 49, United States Code, to extend authorizations for the airport improvement program, and for other purposes; which was ordered to lie on the table; as follows: Strike all after the first word and insert the following: 1. SHORT TITLE; ETC. (a) Short Title.--This Act may be cited as the ``Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010''. (b) Amendment of 1986 Code.--Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Internal Revenue Code of 1986. (c) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; etc. TITLE I--TEMPORARY EXTENSION OF TAX RELIEF Sec. 101. Temporary extension of 2001 tax relief. Sec. 102. Temporary extension of 2003 tax relief. Sec. 103. Temporary extension of 2009 tax relief. [[Page S8920]] TITLE II--TEMPORARY EXTENSION OF INDIVIDUAL AMT RELIEF Sec. 201. Temporary extension of increased alternative minimum tax exemption amount. Sec. 202. Temporary extension of alternative minimum tax relief for nonrefundable personal credits. TITLE III--RESPONSIBLE ESTATE TAX REFORM Sec. 301. Short title. Sec. 302. Reinstatement of estate tax; repeal of carryover basis. Sec. 303. Modification of rates and maintenance of unified credit against the estate tax. Sec. 304. Modification of rules for value of certain farm, etc., real property. Sec. 305. Modification of estate tax rules with respect to land subject to conservation easements. Sec. 306. Consistent basis reporting between estate and person acquiring property from decedent. Sec. 307. Valuation rules for certain transfers of nonbusiness assets; limitation on minority discounts. Sec. 308. Required minimum 10-year term, etc., for grantor retained annuity trusts. TITLE IV--TEMPORARY EXTENSION OF INVESTMENT INCENTIVES Sec. 401. Temporary extension of increased small business expensing. TITLE V--TEMPORARY EXTENSION OF UNEMPLOYMENT INSURANCE AND RELATED MATTERS Sec. 501. Temporary extension of unemployment insurance provisions. Sec. 502. Temporary modification of indicators under the extended benefit program. Sec. 503. Technical amendment relating to collection of unemployment compensation debts. Sec. 504. Technical correction relating to repeal of continued dumping and subsidy offset. Sec. 505. Additional extended unemployment benefits under the Railroad Unemployment Insurance Act. TITLE VI--EXTENSION OF MAKING WORK PAY CREDIT Sec. 601. Making work pay credit. TITLE VII--TEMPORARY EXTENSION OF CERTAIN EXPIRING PROVISIONS Subtitle A--Energy Sec. 701. Incentives for biodiesel and renewable diesel. Sec. 702. New energy efficient home credit. Sec. 703. Special rule for sales or dispositions to implement FERC or State electric restructuring policy for qualified electric utilities. Sec. 704. Extension of grants for specified energy property in lieu of tax credits. Sec. 705. Extension of provisions related to alcohol used as fuel. Sec. 706. Energy efficient appliance credit. Sec. 707. Credit for nonbusiness energy property. Sec. 708. Alternative fuel vehicle refueling property. Subtitle B--Individual Tax Relief Sec. 721. Deduction for certain expenses of elementary and secondary school teachers. Sec. 722. Deduction of State and local sales taxes. Sec. 723. Contributions of capital gain real property made for conservation purposes. Sec. 724. Above-the-line deduction for qualified tuition and related expenses. Sec. 725. Tax-free distributions from individual retirement plans for charitable purposes. Sec. 726. Parity for exclusion from income for employer-provided mass transit and parking benefits. Sec. 727. Refunds disregarded in the administration of Federal programs and federally assisted programs. Subtitle C--Business Tax Relief Sec. 731. Research credit. Sec. 732. Indian employment tax credit. Sec. 733. New markets tax credit. Sec. 734. Railroad track maintenance credit. Sec. 735. Mine rescue team training credit. Sec. 736. Employer wage credit for employees who are active duty members of the uniformed services. Sec. 737. Accelerated depreciation for business property on an Indian reservation. Sec. 738. Enhanced charitable deduction for contributions of food inventory. Sec. 739. Enhanced charitable deduction for contributions of book inventories to public schools. Sec. 740. Enhanced charitable deduction for corporate contributions of computer inventory for educational purposes. Sec. 741. Election to expense mine safety equipment. Sec. 742. Expensing of environmental remediation costs. Sec. 743. Modification of tax treatment of certain payments to controlling exempt organizations. Sec. 744. Treatment of certain dividends of regulated investment companies. Sec. 745. RIC qualified investment entity treatment under FIRPTA. Sec. 746. Exceptions for active financing income. Sec. 747. Look-thru treatment of payments between related controlled foreign corporations under foreign personal holding company rules. Sec. 748. Basis adjustment to stock of S corps making charitable contributions of property. Sec. 749. Empowerment zone tax incentives. Sec. 750. Tax incentives for investment in the District of Columbia. Sec. 751. Work opportunity credit. Sec. 752. Qualified zone academy bonds. Sec. 753. Mortgage insurance premiums. Sec. 754. Temporary exclusion of 100 percent of gain on certain small business stock. Subtitle D--Temporary Disaster Relief Provisions subpart a--new york liberty zone Sec. 761. Tax-exempt bond financing. subpart b--go zone Sec. 762. Increase in rehabilitation credit. Sec. 763. Low-income housing credit rules for buildings in GO zones. Sec. 764. Tax-exempt bond financing. Sec. 765. Bonus depreciation deduction applicable to the GO Zone. TITLE VIII--BUDGETARY PROVISIONS Sec. 801. Determination of budgetary effects. Sec. 802. Emergency designations. TITLE I--TEMPORARY EXTENSION OF TAX RELIEF SEC. 101. TEMPORARY EXTENSION OF 2001 TAX RELIEF. (a) Temporary Extension.-- (1) In general.--Section 901 of the Economic Growth and Tax Relief Reconciliation Act of 2001 is amended by striking ``December 31, 2010'' both places it appears and inserting ``December 31, 2012''. (2) Effective date.--The amendment made by this subsection shall take effect as if included in the enactment of the Economic Growth and Tax Relief Reconciliation Act of 2001. (b) Application to Taxpayers With Income of $250,000 or More.-- (1) Income tax rates.-- (A) 25- and 28- percent rate brackets made permanent.-- Paragraph (2) of section 1(i) is amended to read as follows: ``(2) 25- and 28- percent rate brackets.--The tables under subsections (a), (b), (c), (d), and (e) shall be applied-- ``(A) by substituting `25%' for `28%' each place it appears (before the application of subparagraph (B)), and ``(B) by substituting `28%' for `31%' each place it appears.''. (B) 33-percent rate bracket.--Subsection (i) of section 1 is amended by redesignating paragraph (3) as paragraph (4) and by inserting after paragraph (2) the following new paragraph: ``(3) 33-percent rate bracket.-- ``(A) In general.--In the case of taxable years beginning after December 31, 2010-- ``(i) the rate of tax under subsections (a), (b), (c), and (d) on a taxpayer's taxable income in the fourth rate bracket shall be 33 percent to the extent such income does not exceed an amount equal to the excess of-- ``(I) the applicable amount, over ``(II) the dollar amount at which such bracket begins, and ``(ii) the 36 percent rate of tax under such subsections shall apply only to the taxpayer's taxable income in such bracket in excess of the amount to which clause (i) applies. ``(B) Applicable amount.--For purposes of this paragraph, the term `applicable amount' means the excess of-- ``(i) the applicable threshold, over ``(ii) the sum of the following amounts in effect for the taxable year: ``(I) the basic standard deduction (within the meaning of section 63(c)(2)), and ``(II) the exemption amount (within the meaning of section 151(d)(1) (or, in the case of subsection (a), 2 such exemption amounts). ``(C) Applicable threshold.--For purposes of this paragraph, the term `applicable threshold' means-- ``(i) $250,000 in the case of subsection (a), ``(ii) $200,000 in the case of subsections (b) and (c), and ``(iii) \1/2\ the amount applicable under clause (i) (after adjustment, if any, under subparagraph (E)) in the case of subsection (d). ``(D) Fourth rate bracket.--For purposes of this paragraph, the term `fourth rate bracket' means the bracket which would (determined without regard to this paragraph) be the 36- percent rate bracket. ``(E) Inflation adjustment.--For purposes of this paragraph, a rule similar to the rule of paragraph (1)(C) shall apply with respect to taxable years beginning in calendar years after 2010, applied by substituting `2008' for `1992' in subsection (f)(3)(B).''. (2) Phaseout of personal exemptions and itemized deductions.-- (A) Overall limitation on itemized deductions.--Section 68 is amended-- (i) by striking ``the applicable amount'' the first place it appears in subsection (a) and inserting ``the applicable threshold in effect under section 1(i)(3)'', [[Page S8921]] (ii) by striking ``the applicable amount'' in subsection (a)(1) and inserting ``such applicable threshold'', (iii) by striking subsection (b) and redesignating subsections (c), (d), and (e) as subsections (b), (c), and (d), respectively, and (iv) by striking subsections (f) and (g). (B) Phaseout of deductions for personal exemptions.-- (i) In general.--Paragraph (3) of section 151(d) is amended-- (I) by striking ``the threshold amount'' in subparagraphs (A) and (B) and inserting ``the applicable threshold in effect under section 1(i)(3)'', (II) by striking subparagraph (C) and redesignating subparagraph (D) as subparagraph (C), and (III) by striking subparagraphs (E) and (F). (ii) Conforming amendments.--Paragraph (4) of section 151(d) is amended-- (I) by striking subparagraph (B), (II) by redesignating clauses (i) and (ii) of subparagraph (A) as subparagraphs (A) and (B), respectively, and by indenting such subparagraphs (as so redesignated) accordingly, and (III) by striking all that precedes ``in a calendar year after 1989,'' and inserting the following: ``(4) Inflation adjustment.--In the case of any taxable year beginning''. (c) Effective Date.--Except as otherwise provided, the amendments made by this section shall apply to taxable years beginning after December 31, 2010. SEC. 102. TEMPORARY EXTENSION OF 2003 TAX RELIEF. (a) Extension.-- (1) In general.--Section 303 of the Jobs and Growth Tax Relief Reconciliation Act of 2003 is amended by striking ``December 31, 2010'' and inserting ``December 31, 2012''. (2) Effective date.--The amendment made by this subsection shall take effect as if included in the enactment of the Jobs and Growth Tax Relief Reconciliation Act of 2003. (b) 20-percent Capital Gains Rate for Certain High Income Individuals.-- (1) In general.--Paragraph (1) of section 1(h) is amended by striking subparagraph (C), by redesignating subparagraphs (D) and (E) as subparagraphs (E) and (F) and by inserting after subparagraph (B) the following new subparagraphs: ``(C) 15 percent of the lesser of-- ``(i) so much of the adjusted net capital gain (or, if less, taxable income) as exceeds the amount on which a tax is determined under subparagraph (B), or ``(ii) the excess (if any) of-- ``(I) the amount of taxable income which would (without regard to this paragraph) be taxed at a rate below 36 percent, over ``(II) the sum of the amounts on which a tax is determined under subparagraphs (A) and (B), ``(D) 20 percent of the adjusted net capital gain (or, if less, taxable income) in excess of the sum of the amounts on which tax is determined under subparagraphs (B) and (C),''. (2) Dividends.--Subparagraph (A) of section 1(h)(11) is amended by striking ``qualified dividend income'' and inserting ``so much of the qualified dividend income as does not exceed the excess (if any) of-- ``(i) the amount of taxable income which would (without regard to this subsection) be taxed at a rate below 36 percent, over ``(ii) taxable income reduced by qualified dividend income.''. (3) Minimum tax.--Paragraph (3) of section 55(b) is amended by striking subparagraph (C), by redesignating subparagraph (D) as subparagraph (E), and by inserting after subparagraph (B) the following new subparagraphs: ``(C) 15 percent of the lesser of-- ``(i) so much of the adjusted net capital gain (or, if less, taxable excess) as exceeds the amount on which tax is determined under subparagraph (B), or ``(ii) the excess described in section 1(h)(1)(C)(ii), plus ``(D) 20 percent of the adjusted net capital gain (or, if less, taxable excess) in excess of the sum of the amounts on which tax is determined under subparagraphs (B) and (C), plus''. (c) Conforming Amendments.-- (1) The following provisions are each amended by striking ``15 percent'' and inserting ``20 percent'': (A) Section 1445(e)(1). (B) The second sentence of section 7518(g)(6)(A). (C) Section 53511(f)(2) of title 46, United States Code. (2) Sections 531 and 541 are each amended by striking ``15 percent of'' and inserting ``the produce of the highest rate of tax under section 1(c) and''. (3) Sections 1(h)(1)(B) and 55(b)(3)(B) are each amended by striking ``5 percent (0 percent in the case of taxable years beginning after 2007)'' and inserting ``0 percent''. (4) Section 1445(e)(6) is amended by striking ``15 percent (20 percent in the case of taxable years beginning after December 31, 2010)'' and inserting ``20 percent''. (d) Effective Dates.-- (1) In general.--Except as provided in otherwise provided, the amendments made by subsections (b) and (c) shall apply to taxable years beginning after December 31, 2010. (2) Withholding.--The amendments made by paragraphs (1)(C) and (3) of subsection (c) shall apply to amounts paid on or after January 1, 2011. SEC. 103. TEMPORARY EXTENSION OF 2009 TAX RELIEF. (a) American Opportunity Tax Credit.-- (1) In general.--Section 25A(i) is amended by striking ``or 2010'' and inserting ``, 2010, 2011, or 2012''. (2) Treatment of possessions.--Section 1004(c)(1) of the American Recovery and Reinvestment Tax Act of 2009 is amended by striking ``and 2010'' each place it appears and inserting ``, 2010, 2011, and 2012''. (b) Child Tax Credit.--Section 24(d)(4) is amended-- (1) by striking ``2009 and 2010'' in the heading and inserting ``2009, 2010, 2011, and 2012'', and (2) by striking ``or 2010'' and inserting ``, 2010, 2011, or 2012''. (c) Earned Income Tax Credit.--Section 32(b)(3) is amended-- (1) by striking ``2009 and 2010'' in the heading and inserting ``2009, 2010, 2011, and 2012'', and (2) by striking ``or 2010'' and inserting ``, 2010, 2011, or 2012''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2010. TITLE II--TEMPORARY EXTENSION OF INDIVIDUAL AMT RELIEF SEC. 201. TEMPORARY EXTENSION OF INCREASED ALTERNATIVE MINIMUM TAX EXEMPTION AMOUNT. (a) In General.--Paragraph (1) of section 55(d) is amended-- (1) by striking ``$70,950'' and all that follows through ``2009'' in subparagraph (A) and inserting ``$72,450 in the case of taxable years beginning in 2010 and $74,450 in the case of taxable years beginning in 2011'', and (2) by striking ``$46,700'' and all that follows through ``2009'' in subparagraph (B) and inserting ``$47,450 in the case of taxable years beginning in 2010 and $48,450 in the case of taxable years beginning in 2011''. (b) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2009. (c) Repeal of EGTRRA Sunset.--Title IX of the Economic Growth and Tax Relief Reconciliation Act of 2001 (relating to sunset of provisions of such Act) shall not apply to title VII of such Act (relating to alternative minimum tax). SEC. 202. TEMPORARY EXTENSION OF ALTERNATIVE MINIMUM TAX RELIEF FOR NONREFUNDABLE PERSONAL CREDITS. (a) In General.--Paragraph (2) of section 26(a) is amended-- (1) by striking ``or 2009'' and inserting ``2009, 2010, or 2011'', and (2) by striking ``2009'' in the heading thereof and inserting ``2011''. (b) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2009. TITLE III--RESPONSIBLE ESTATE TAX REFORM SEC. 301. SHORT TITLE. This title may be cited as the ``Responsible Estate Tax Act''. SEC. 302. REINSTATEMENT OF ESTATE TAX; REPEAL OF CARRYOVER BASIS. (a) In General.--Each provision of law amended by subtitle A or E of title V of the Economic Growth and Tax Relief Reconciliation Act of 2001 is amended to read as such provision would read if such subtitle had never been enacted. (b) Conforming Amendment.--On and after January 1, 2011, paragraph (1) of section 2505(a) of the Internal Revenue Code of 1986 is amended to read as such paragraph would read if section 521(b)(2) of the Economic Growth and Tax Relief Reconciliation Act of 2001 had never been enacted. (c) Special Election With Respect to Estates of Decedents Dying in 2010.--Notwithstanding subsection (a), in the case of an estate of a decedent dying after December 31, 2009, and before January 1, 2011, the executor (within the meaning of section 2203 of the Internal Revenue Code of 1986) may elect to apply such Code as though the amendments made by subsection (a) do not apply with respect to chapter 11 of such Code and with respect to property acquired or passing from such decedent (within the meaning of section 1014(b) of such Code). Such election shall be made at such time and in such manner as the Secretary of the Treasury or the Secretary's delegate shall provide. Such an election once made shall be revocable only with the consent of the Secretary of the Treasury or the Secretary's delegate. For purposes of section 2652(a)(1) of such Code, the determination of whether any property is subject to the tax imposed by such chapter 11 shall be made without regard to any election made under this subsection. (d) Extension of Time for Performing Certain Acts.-- (1) Estate tax.--In the case of the estate of a decedent dying after December 31, 2009, and before the date of the enactment of this Act, the due date for-- (A) filing any return under section 6018 of the Internal Revenue Code of 1986 (including any election required to be made on such a return) as such section is in effect after the date of the enactment of this Act without regard to any election under subsection (c), (B) making any payment of tax under chapter 11 of such Code, and (C) making any disclaimer described in section 2518(b) of such Code of an interest in property passing by reason of the death of such decedent, shall not be earlier than the date which is 9 months after the date of the enactment of this Act. [[Page S8922]] (2) Generation-skipping tax.--In the case of any generation-skipping transfer made after December 31, 2009, and before the date of the enactment of this Act, the due date for filing any return under section 2662 of the Internal Revenue Code of 1986 (including any election required to be made on such a return) shall not be earlier than the date which is 9 months after the date of the enactment of this Act. (e) Effective Date.--Except as otherwise provided in this section, the amendments made by this section shall apply to estates of decedents dying, and transfers made, after December 31, 2009. SEC. 303. MODIFICATION OF RATES AND MAINTENANCE OF UNIFIED CREDIT AGAINST THE ESTATE TAX. (a) Modification of Rates.-- (1) In general.--The table in paragraph (1) of section 2001(c) is amended by striking the last 6 rows and inserting the following: ``Over $750,000 but not over $3,500,000... $248,300 plus 39 percent of the excess of such amount over $750,000 Over $3,500,000 but not over $10,000,000.. $1,320,800 plus 45 percent of the excess of such amount over $3,500,000 Over $10,000,000 but not over $50,000,000. $4,245,800 plus 50 percent of the excess of the excess of such amount over $10,000,000''. Over $50,000,000.......................... $24,245,800 plus 55 percent of the excess of such amount over $50,000,000''. (2) Surtax on wealthy estates.--Paragraph (2) of section 2001(c) is amended to read as follows: ``(2) Surtax on estates over $500,000,000.--Notwithstanding paragraph (1), if the amount with respect to which the tentative tax to be computed is over $500,000,000, the rate of tax otherwise in effect under this subsection with respect to the amount in excess of $500,000,000 shall be increased by 10 percentage points.''. (b) Extension of 2009 Applicable Credit Amount.--The table in subsection (c) of section 2010 (relating to applicable credit amount) is amended by inserting ``and thereafter'' after ``2009''. (c) Effective Date.--The amendments made by this section shall apply to estates of decedents dying, and gifts made, after December 31, 2009. SEC. 304. MODIFICATION OF RULES FOR VALUE OF CERTAIN FARM, ETC., REAL PROPERTY. (a) In General.--Paragraph (2) of section 2032A(a) is amended by striking ``$750,000'' and inserting ``$3,000,000''. (b) Inflation Adjustment.--Paragraph (3) of section 2032A(a) is amended-- (1) by striking ``1998'' and inserting ``2009'', (2) by striking ``$750,000'' and inserting ``$3,000,000'' in subparagraph (A), and (3) by striking ``calendar year 1997'' and inserting ``calendar year 2008'' in subparagraph (B). (c) Effective Date.--The amendments made by this section shall apply to estates of decedents dying, and gifts made, after December 31, 2009. SEC. 305. MODIFICATION OF ESTATE TAX RULES WITH RESPECT TO LAND SUBJECT TO CONSERVATION EASEMENTS. (a) Modification of Exclusion Limitation.--The table in paragraph (3) of section 2031(c) is amended-- (1) by striking ``or thereafter'' in the last row and inserting ``through 2009'', and (2) by adding at the end the following row: ``2010 and thereafter................................... $2,000,000''. (b) Modification of Applicable Percentage.--Paragraph (2) of section 2031(c) is amended by striking ``40 percent'' and inserting ``60 percent''. (c) Effective Date.--The amendments made by this section shall apply to estates of decedents dying after December 31, 2009. SEC. 306. CONSISTENT BASIS REPORTING BETWEEN ESTATE AND PERSON ACQUIRING PROPERTY FROM DECEDENT. (a) Consistent Use of Basis.-- (1) Property acquired from a decedent.--Section 1014 is amended by adding at the end the following new subsection: ``(f) Basis Must Be Consistent With Estate Tax Value.-- ``(1) In general.--For purposes of this section, the value used to determine the basis of any interest in property in the hands of the person acquiring such property shall not exceed the value of such interest as finally determined for purposes of chapter 11. ``(2) Special rule where no final determination.--In any case in which the value of property has not been finally determined under chapter 11 and there has been a statement furnished under section 6035(a), the value used to determine the basis of any interest in property in the hands of the person acquiring such property shall not exceed the amount reported on the statement furnished under section 6035(a). ``(3) Regulations.--The Secretary may by regulations provide exceptions to the application of this subsection.''. (2) Property acquired by gifts and transfers in trust.-- Section 1015 is amended by adding at the end the following new subsection: ``(f) Basis Must Be Consistent With Gift Tax Value.-- ``(1) In general.--For purposes of this section, the fair market value of any interest in property at the time of the gift of that interest shall not exceed the value of such interest as finally determined for purposes of chapter 12. ``(2) Special rule where no final determination.--In any case in which the value of property has not been finally determined under chapter 12 and there has been a statement furnished under section 6035(b), the fair market value of any interest in property at the time of the gift of that interest shall not exceed the amount reported on the statement furnished under section 6035(b). ``(3) Regulations.--The Secretary may by regulations provide exceptions to the application of this subsection.''. (b) Information Reporting.-- (1) In general.--Subpart A of part III of subchapter A of chapter 61 is amended by inserting after section 6034A the following new section: ``SEC. 6035. BASIS INFORMATION TO PERSONS ACQUIRING PROPERTY FROM DECEDENT OR BY GIFT. ``(a) Information With Respect to Property Acquired From Decedents.-- ``(1) In general.--The executor of any estate required to file a return under section 6018(a) shall furnish to the Secretary and to each person acquiring any interest in property included in the decedent's gross estate for Federal estate tax purposes a statement identifying the value of each interest in such property as reported on such return and such other information with respect to such interest as the Secretary may prescribe. ``(2) Statements by beneficiaries.--Each person required to file a return under section 6018(b) shall furnish to the Secretary and to each other person who holds a legal or beneficial interest in the property to which such return relates a statement identifying the information described in paragraph (1). ``(3) Time for furnishing statement.-- ``(A) In general.--Each statement required to be furnished under paragraph (1) or (2) shall be furnished at such time as the Secretary may prescribe, but in no case at a time later than the earlier of-- ``(i) the date which is 30 days after the date on which the return under section 6018 was required to be filed (including extensions, if any), or ``(ii) the date which is 30 days after the date such return is filed. ``(B) Adjustments.--In any case in which there is an adjustment to the information required to be included on a statement filed under paragraph (1) or (2) after such statement has been filed, a supplemental statement under such paragraph shall be filed not later than the date which is 30 days after such adjustment is made. ``(b) Information With Respect to Property Acquired by Gift.-- ``(1) In general.--Each person making a transfer by gift who is required to file a return under section 6019 with respect to such transfer shall furnish to the Secretary and to each person acquiring any interest in property by reason of such transfer a statement identifying the fair market value of each interest in such property as reported on such return and such other information with respect to such interest as the Secretary may prescribe. ``(2) Time for furnishing statement.-- ``(A) In general.--Each statement required to be furnished under paragraph (1) shall be furnished at such time as the Secretary may prescribe, but in no case at a time later than the earlier of-- ``(i) the date which is 30 days after the date on which the return under section 6019 was required to be filed (including extensions, if any), or ``(ii) the date which is 30 days after the date such return is filed. ``(B) Adjustments.--In any case in which there is an adjustment to the information required to be included on a statement filed under paragraph (1) after such statement has been filed, a supplemental statement under such paragraph shall be filed not later than the date which is 30 days after such adjustment is made. ``(c) Regulations.--The Secretary shall prescribe such regulations as necessary to carry out this section, including regulations relating to-- ``(1) applying this section to property with regard to which no estate or gift tax return is required to be filed, and ``(2) situations in which the surviving joint tenant or other recipient may have better information than the executor regarding the basis or fair market value of the property.''. (2) Penalty for failure to file.-- (A) Return.--Section 6724(d)(1) is amended by striking ``and'' at the end of subparagraph (B), by striking the period at the end of subparagraph (C) and inserting ``, and'', and by adding at the end the following new subparagraph: ``(D) any statement required to be filed with the Secretary under section 6035.''. [[Page S8923]] (B) Statement.--Section 6724(d)(2) is amended by striking ``or'' at the end of subparagraph (GG), by striking the period at the end of subparagraph (HH) and inserting ``, or'', and by adding at the end the following new subparagraph: ``(II) section 6035 (other than a statement described in paragraph (1)(D)).''. (3) Clerical amendment.--The table of sections for subpart A of part III of subchapter A of chapter 61 is amended by inserting after the item relating to section 6034A the following new item: ``Sec. 6035. Basis information to persons acquiring property from decedent or by gift.''. (c) Penalty for Inconsistent Reporting.-- (1) In general.--Subsection (b) of section 6662 is amended by inserting after paragraph (7) the following new paragraph: ``(8) Any inconsistent estate or gift basis.''. (2) Inconsistent basis reporting.--Section 6662 is amended by adding at the end the following new subsection: ``(k) Inconsistent Estate or Gift Basis Reporting.--For purposes of this section, the term `inconsistent estate or gift basis' means-- ``(1) in the case of property acquired from a decedent, a basis determination with respect to such property which is not consistent with the requirements of section 1014(f), and ``(2) in the case of property acquired by gift, a basis determination with respect to such property which is not consistent with the requirements of section 1015(f).''. (d) Effective Date.--The amendments made by this section shall apply to transfers for which returns are filed after the date of the enactment of this Act. SEC. 307. VALUATION RULES FOR CERTAIN TRANSFERS OF NONBUSINESS ASSETS; LIMITATION ON MINORITY DISCOUNTS. (a) In General.--Section 2031 (relating to definition of gross estate) is amended by redesignating subsection (d) as subsection (f) and by inserting after subsection (c) the following new subsections: ``(d) Valuation Rules for Certain Transfers of Nonbusiness Assets.--For purposes of this chapter and chapter 12-- ``(1) In general.--In the case of the transfer of any interest in an entity other than an interest which is actively traded (within the meaning of section 1092)-- ``(A) the value of any nonbusiness assets held by the entity with respect to such interest shall be determined as if the transferor had transferred such assets directly to the transferee (and no valuation discount shall be allowed with respect to such nonbusiness assets), and ``(B) such nonbusiness assets shall not be taken into account in determining the value of the interest in the entity. ``(2) Nonbusiness assets.--For purposes of this subsection-- ``(A) In general.--The term `nonbusiness asset' means any asset which is not used in the active conduct of 1 or more trades or businesses. ``(B) Treatment of certain passive assets.--Except as provided in subparagraph (C), a passive asset shall not be treated for purposes of subparagraph (A) as used in the active conduct of a trade or business unless-- ``(i) the asset is property described in paragraph (1) or (4) of section 1221(a) or is a hedge with respect to such property, or ``(ii) the asset is real property used in the active conduct of 1 or more real property trades or businesses (within the meaning of section 469(c)(7)(C)) in which the transferor materially participates and with respect to which the transferor meets the requirements of section 469(c)(7)(B)(ii). For purposes of clause (ii), material participation shall be determined under the rules of section 469(h), except that section 469(h)(3) shall be applied without regard to the limitation to farming activity. ``(C) Exception for working capital.--Any asset (including a passive asset) which is held as a part of the reasonably required working capital needs of a trade or business shall be treated as used in the active conduct of a trade or business. ``(3) Passive asset.--For purposes of this subsection, the term `passive asset' means any-- ``(A) cash or cash equivalents, ``(B) except to the extent provided by the Secretary, stock in a corporation or any other equity, profits, or capital interest in any entity, ``(C) evidence of indebtedness, option, forward or futures contract, notional principal contract, or derivative, ``(D) asset described in clause (iii), (iv), or (v) of section 351(e)(1)(B), ``(E) annuity, ``(F) real property used in 1 or more real property trades or businesses (as defined in section 469(c)(7)(C)), ``(G) asset (other than a patent, trademark, or copyright) which produces royalty income, ``(H) commodity, ``(I) collectible (within the meaning of section 401(m)), or ``(J) any other asset specified in regulations prescribed by the Secretary. ``(4) Look-thru rules.-- ``(A) In general.--If a nonbusiness asset of an entity consists of a 10-percent interest in any other entity, this subsection shall be applied by disregarding the 10-percent interest and by treating the entity as holding directly its ratable share of the assets of the other entity. This subparagraph shall be applied successively to any 10-percent interest of such other entity in any other entity. ``(B) 10-percent interest.--The term `10-percent interest' means-- ``(i) in the case of an interest in a corporation, ownership of at least 10 percent (by vote or value) of the stock in such corporation, ``(ii) in the case of an interest in a partnership, ownership of at least 10 percent of the capital or profits interest in the partnership, and ``(iii) in any other case, ownership of at least 10 percent of the beneficial interests in the entity. ``(5) Coordination with subsection (b).--Subsection (b) shall apply after the application of this subsection. ``(e) Limitation on Minority Discounts.--For purposes of this chapter and chapter 12, in the case of the transfer of any interest in an entity other than an interest which is actively traded (within the meaning of section 1092), no discount shall be allowed by reason of the fact that the transferee does not have control of such entity if the transferee and members of the family (as defined in section 2032A(e)(2)) of the transferee have control of such entity.''. (b) Effective Date.--The amendments made by this section shall apply to transfers after the date of the enactment of this Act. SEC. 308. REQUIRED MINIMUM 10-YEAR TERM, ETC., FOR GRANTOR RETAINED ANNUITY TRUSTS. (a) In General.--Subsection (b) of section 2702 is amended-- (1) by redesignating paragraphs (1), (2), and (3) as subparagraphs (A), (B), and (C), respectively, and by moving such subparagraphs (as so redesignated) 2 ems to the right; (2) by striking ``For purposes of'' and inserting the following: ``(1) In general.--For purposes of''; (3) by striking ``paragraph (1) or (2)'' in paragraph (1)(C) (as so redesignated) and inserting ``subparagraph (A) or (B)''; and (4) by adding at the end the following new paragraph: ``(2) Additional requirements with respect to grantor retained annuities.--For purposes of subsection (a), in the case of an interest described in paragraph (1)(A) (determined without regard to this paragraph) which is retained by the transferor, such interest shall be treated as described in such paragraph only if-- ``(A) the right to receive the fixed amounts referred to in such paragraph is for a term of not less than 10 years, ``(B) such fixed amounts, when determined on an annual basis, do not decrease relative to any prior year during the first 10 years of the term referred to in subparagraph (A), and ``(C) the remainder interest has a value greater than zero determined as of the time of the transfer.''. (b) Effective Date.--The amendments made by this section shall apply to transfers made after the date of the enactment of this Act. TITLE IV--TEMPORARY EXTENSION OF INVESTMENT INCENTIVES SEC. 401. TEMPORARY EXTENSION OF INCREASED SMALL BUSINESS EXPENSING. (a) Dollar Limitation.--Section 179(b)(1) is amended by striking ``and'' at the end of subparagraph (B) and by striking subparagraph (C) and inserting the following new subparagraphs: ``(C) $125,000 in the case of taxable years beginning in 2012, and ``(D) $25,000 in the case of taxable years beginning after 2012.''. (b) Reduction in Limitation.--Section 179(b)(2) is amended by striking ``and'' at the end of subparagraph (B) and by striking subparagraph (C) and inserting the following new subparagraphs: ``(C) $500,000 in the case of taxable years beginning in 2012, and ``(D) $200,000 in the case of taxable years beginning after 2012.''. (c) Inflation Adjustment.--Subsection (b) of section 179 is amended by adding at the end the following new paragraph: ``(6) Inflation adjustment.-- ``(A) In general.--In the case of any taxable year beginning in calendar year 2012, the $125,000 and $500,000 amounts in paragraphs (1)(C) and (2)(C) shall each be increased by an amount equal to-- ``(i) such dollar amount, multiplied by ``(ii) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, by substituting `calendar year 2006' for `calendar year 1992' in subparagraph (B) thereof. ``(B) Rounding.-- ``(i) Dollar limitation.--If the amount in paragraph (1) as increased under subparagraph (A) is not a multiple of $1,000, such amount shall be rounded to the nearest multiple of $1,000. ``(ii) Phaseout amount.--If the amount in paragraph (2) as increased under subparagraph (A) is not a multiple of $10,000, such amount shall be rounded to the nearest multiple of $10,000.''. (d) Computer Software.--Section 179(d)(1)(A)(ii) is amended by striking ``2012'' and inserting ``2013''. (e) Conforming Amendment.--Section 179(c)(2) is amended by striking ``2012'' and inserting ``2013''. (f) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2011. [[Page S8924]] TITLE V--TEMPORARY EXTENSION OF UNEMPLOYMENT INSURANCE AND RELATED MATTERS SEC. 501. TEMPORARY EXTENSION OF UNEMPLOYMENT INSURANCE PROVISIONS. (a) In General.--(1) Section 4007 of the Supplemental Appropriations Act, 2008 (Public Law 110-252; 26 U.S.C. 3304 note) is amended-- (A) by striking ``November 30, 2010'' each place it appears and inserting ``January 3, 2012''; (B) in the heading for subsection (b)(2), by striking ``november 30, 2010'' and inserting ``january 3, 2012''; and (C) in subsection (b)(3), by striking ``April 30, 2011'' and inserting ``June 9, 2012''. (2) Section 2005 of the Assistance for Unemployed Workers and Struggling Families Act, as contained in Public Law 111-5 (26 U.S.C. 3304 note; 123 Stat. 444), is amended-- (A) by striking ``December 1, 2010'' each place it appears and inserting ``January 4, 2012''; and (B) in subsection (c), by striking ``May 1, 2011'' and inserting ``June 11, 2012''. (3) Section 5 of the Unemployment Compensation Extension Act of 2008 (Public Law 110-449; 26 U.S.C. 3304 note) is amended by striking ``April 30, 2011'' and inserting ``June 10, 2012''. (b) Funding.--Section 4004(e)(1) of the Supplemental Appropriations Act, 2008 (Public Law 110-252; 26 U.S.C. 3304 note) is amended-- (1) in subparagraph (E), by striking ``and'' at the end; and (2) by inserting after subparagraph (F) the following: ``(G) the amendments made by section 501(a)(1) of the Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010; and''. (c) Effective Date.--The amendments made by this section shall take effect as if included in the enactment of the Unemployment Compensation Extension Act of 2010 (Public Law 111-205). SEC. 502. TEMPORARY MODIFICATION OF INDICATORS UNDER THE EXTENDED BENEFIT PROGRAM. (a) Indicator.--Section 203(d) of the Federal-State Extended Unemployment Compensation Act of 1970 (26 U.S.C. 3304 note) is amended, in the flush matter following paragraph (2), by inserting after the first sentence the following sentence: ``Effective with respect to compensation for weeks of unemployment beginning after the date of enactment of the Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010 (or, if later, the date established pursuant to State law), and ending on or before December 31, 2011, the State may by law provide that the determination of whether there has been a state `on' or `off' indicator beginning or ending any extended benefit period shall be made under this subsection as if the word `two' were `three' in subparagraph (1)(A).''. (b) Alternative Trigger.--Section 203(f) of the Federal- State Extended Unemployment Compensation Act of 1970 (26 U.S.C. 3304 note) is amended-- (1) by redesignating paragraph (2) as paragraph (3); and (2) by inserting after paragraph (1) the following new paragraph: ``(2) Effective with respect to compensation for weeks of unemployment beginning after the date of enactment of the Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010 (or, if later, the date established pursuant to State law), and ending on or before December 31, 2011, the State may by law provide that the determination of whether there has been a state `on' or `off' indicator beginning or ending any extended benefit period shall be made under this subsection as if the word `either' were `any', the word ``both'' were `all', and the figure `2' were `3' in clause (1)(A)(ii).''. SEC. 503. TECHNICAL AMENDMENT RELATING TO COLLECTION OF UNEMPLOYMENT COMPENSATION DEBTS. (a) In General.--Section 6402(f)(3)(C), as amended by section 801 of the Claims Resolution Act of 2010, is amended by striking ``is not a covered unemployment compensation debt'' and inserting ``is a covered unemployment compensation debt''. (b) Effective Date.--The amendment made by subsection (a) shall take effect as if included in section 801 of the Claims Resolution Act of 2010. SEC. 504. TECHNICAL CORRECTION RELATING TO REPEAL OF CONTINUED DUMPING AND SUBSIDY OFFSET. (a) In General.--Section 822(2)(A) of the Claims Resolution Act of 2010 is amended by striking ``or'' and inserting ``and''. (b) Effective Date.--The amendment made by subsection (a) shall take effect as if included in the provisions of the Claims Resolution Act of 2010. SEC. 505. ADDITIONAL EXTENDED UNEMPLOYMENT BENEFITS UNDER THE RAILROAD UNEMPLOYMENT INSURANCE ACT. (a) Extension.--Section 2(c)(2)(D)(iii) of the Railroad Unemployment Insurance Act, as added by section 2006 of the American Recovery and Reinvestment Act of 2009 (Public Law 111-5) and as amended by section 9 of the Worker, Homeownership, and Business Assistance Act of 2009 (Public Law 111-92), is amended-- (1) by striking ``June 30, 2010'' and inserting ``June 30, 2011''; and (2) by striking ``December 31, 2010'' and inserting ``December 31, 2011''. (b) Clarification on Authority to Use Funds.--Funds appropriated under either the first or second sentence of clause (iv) of section 2(c)(2)(D) of the Railroad Unemployment Insurance Act shall be available to cover the cost of additional extended unemployment benefits provided under such section 2(c)(2)(D) by reason of the amendments made by subsection (a) as well as to cover the cost of such benefits provided under such section 2(c)(2)(D), as in effect on the day before the date of the enactment of this Act. TITLE VI--EXTENSION OF MAKING WORK PAY CREDIT SEC. 601. MAKING WORK PAY CREDIT. (a) In General.--Section 36A(e) is amended by striking ``December 31, 2010'' and inserting ``December 31, 2011''. (b) Treatment of Possessions.--Section 1001(b)(1) of the American Recovery and Reinvestment Tax Act of 2009 is amended by striking ``2009 and 2010'' both places it appears and inserting ``2009, 2010, and 2011''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2010. TITLE VII--TEMPORARY EXTENSION OF CERTAIN EXPIRING PROVISIONS Subtitle A--Energy SEC. 701. INCENTIVES FOR BIODIESEL AND RENEWABLE DIESEL. (a) Credits for Biodiesel and Renewable Diesel Used as Fuel.--Subsection (g) of section 40A is amended by striking ``December 31, 2009'' and inserting ``December 31, 2011''. (b) Excise Tax Credits and Outlay Payments for Biodiesel and Renewable Diesel Fuel Mixtures.-- (1) Paragraph (6) of section 6426(c) is amended by striking ``December 31, 2009'' and inserting ``December 31, 2011''. (2) Subparagraph (B) of section 6427(e)(6) is amended by striking ``December 31, 2009'' and inserting ``December 31, 2011''. (c) Special Rule for 2010.--Notwithstanding any other provision of law, in the case of any biodiesel mixture credit properly determined under section 6426(c) of the Internal Revenue Code of 1986 for periods during 2010, such credit shall be allowed, and any refund or payment attributable to such credit (including any payment under section 6427(e) of such Code) shall be made, only in such manner as the Secretary of the Treasury (or the Secretary's delegate) shall provide. Such Secretary shall issue guidance within 30 days after the date of the enactment of this Act providing for a one-time submission of claims covering periods during 2010. Such guidance shall provide for a 180-day period for the submission of such claims (in such manner as prescribed by such Secretary) to begin not later than 30 days after such guidance is issued. Such claims shall be paid by such Secretary not later than 60 days after receipt. If such Secretary has not paid pursuant to a claim filed under this subsection within 60 days after the date of the filing of such claim, the claim shall be paid with interest from such date determined by using the overpayment rate and method under section 6621 of such Code. (d) Effective Date.--The amendments made by this section shall apply to fuel sold or used after December 31, 2009. SEC. 702. NEW ENERGY EFFICIENT HOME CREDIT. (a) In General.--Subsection (g) of section 45L is amended by striking ``December 31, 2009'' and inserting ``December 31, 2011''. (b) Effective Date.--The amendment made by this section shall apply to homes acquired after December 31, 2009. SEC. 703. SPECIAL RULE FOR SALES OR DISPOSITIONS TO IMPLEMENT FERC OR STATE ELECTRIC RESTRUCTURING POLICY FOR QUALIFIED ELECTRIC UTILITIES. (a) In General.--Paragraph (3) of section 451(i) is amended by striking ``January 1, 2010'' and inserting ``January 1, 2012''. (b) Effective Date.--The amendment made by this section shall apply to dispositions after December 31, 2009. SEC. 704. EXTENSION OF GRANTS FOR SPECIFIED ENERGY PROPERTY IN LIEU OF TAX CREDITS. (a) In General.--Subsection (a) of section 1603 of division B of the American Recovery and Reinvestment Act of 2009 is amended-- (1) in paragraph (1), by striking ``2009 or 2010'' and inserting ``2009, 2010, or 2011'', and (2) in paragraph (2)-- (A) by striking ``after 2010'' and inserting ``after 2011'', and (B) by striking ``2009 or 2010'' and inserting ``2009, 2010, or 2011''. (b) Conforming Amendment.--Subsection (j) of section 1603 of division B of such Act is amended by striking ``2011'' and inserting ``2012''. SEC. 705. EXTENSION OF PROVISIONS RELATED TO ALCOHOL USED AS FUEL. (a) Extension of Income Tax Credit for Alcohol Used as Fuel.-- (1) In general.--Paragraph (1) of section 40(e) is amended-- (A) by striking ``December 31, 2010'' in subparagraph (A) and inserting ``December 31, 2011'', and (B) by striking ``January 1, 2011'' in subparagraph (B) and inserting ``January 1, 2012''. (2) Reduced amount for ethanol blenders.--Subsection (h) of section 40 is amended by striking ``2010'' both places it appears and inserting ``2011''. (3) Effective date.--The amendments made by this subsection shall apply to periods after December 31, 2010. (b) Extension of Excise Tax Credit for Alcohol Used as Fuel.-- [[Page S8925]] (1) In general.--Paragraph (6) of section 6426(b) is amended by striking ``December 31, 2010'' and inserting ``December 31, 2011''. (2) Effective date.--The amendment made by this subsection shall apply to periods after December 31, 2010. (c) Extension of Payment for Alcohol Fuel Mixture.-- (1) In general.--Subparagraph (A) of section 6427(e)(6) is amended by striking ``December 31, 2010'' and inserting ``December 31, 2011''. (2) Effective date.--The amendment made by this subsection shall apply to sales and uses after December 31, 2010. (d) Extension of Additional Duties on Ethanol.-- (1) In general.--Headings 9901.00.50 and 9901.00.52 of the Harmonized Tariff Schedule of the United States are each amended in the effective period column by striking ``1/1/ 2011'' and inserting ``1/1/2012''. (2) Effective date.--The amendments made by this subsection shall take effect on January 1, 2011. SEC. 706. ENERGY EFFICIENT APPLIANCE CREDIT. (a) Dishwashers.--Paragraph (1) of section 45M(b) is amended by striking ``and'' at the end of subparagraph (A), by striking the period at the end of subparagraph (B) and inserting a comma, and by adding at the end the following new subparagraphs: ``(C) $25 in the case of a dishwasher which is manufactured in calendar year 2011 and which uses no more than 307 kilowatt hours per year and 5.0 gallons per cycle (5.5 gallons per cycle for dishwashers designed for greater than 12 place settings), ``(D) $50 in the case of a dishwasher which is manufactured in calendar year 2011 and which uses no more than 295 kilowatt hours per year and 4.25 gallons per cycle (4.75 gallons per cycle for dishwashers designed for greater than 12 place settings), and ``(E) $75 in the case of a dishwasher which is manufactured in calendar year 2011 and which uses no more than 280 kilowatt hours per year and 4 gallons per cycle (4.5 gallons per cycle for dishwashers designed for greater than 12 place settings).''. (b) Clothes Washers.--Paragraph (2) of section 45M(b) is amended by striking ``and'' at the end of subparagraph (C), by striking the period at the end of subparagraph (D) and inserting a comma, and by adding at the end the following new subparagraphs: ``(E) $175 in the case of a top-loading clothes washer manufactured in calendar year 2011 which meets or exceeds a 2.2 modified energy factor and does not exceed a 4.5 water consumption factor, and ``(F) $225 in the case of a clothes washer manufactured in calendar year 2011-- ``(i) which is a top-loading clothes washer and which meets or exceeds a 2.4 modified energy factor and does not exceed a 4.2 water consumption factor, or ``(ii) which is a front-loading clothes washer and which meets or exceeds a 2.8 modified energy factor and does not exceed a 3.5 water consumption factor.''. (c) Refrigerators.--Paragraph (3) of section 45M(b) is amended by striking ``and'' at the end of subparagraph (C), by striking the period at the end of subparagraph (D) and inserting a comma, and by adding at the end the following new subparagraphs: ``(E) $150 in the case of a refrigerator manufactured in calendar year 2011 which consumes at least 30 percent less energy than the 2001 energy conservation standards, and ``(F) $200 in the case of a refrigerator manufactured in calendar year 2011 which consumes at least 35 percent less energy than the 2001 energy conservation standards.''. (d) Rebasing of Limitations.-- (1) In general.--Paragraph (1) of section 45M(e) is amended-- (A) by striking ``$75,000,000'' and inserting ``$25,000,000'', and (B) by striking ``December 31, 2007'' and inserting ``December 31, 2010''. (2) Exception for certain refrigerators and clothes washers.--Paragraph (2) of section 45M(e) is amended-- (A) by striking ``subsection (b)(3)(D)'' and inserting ``subsection (b)(3)(F)'', and (B) by striking ``subsection (b)(2)(D)'' and inserting ``subsection (b)(2)(F)''. (3) Gross receipts limitation.--Paragraph (3) of section 45M(e) is amended by striking ``2 percent'' and inserting ``4 percent''. (e) Effective Dates.-- (1) In general.--The amendments made by subsections (a), (b), and (c) shall apply to appliances produced after December 31, 2010. (2) Limitations.--The amendments made by subsection (d) shall apply to taxable years beginning after December 31, 2010. SEC. 707. CREDIT FOR NONBUSINESS ENERGY PROPERTY. (a) Extension.--Section 25C(g)(2) is amended by striking ``2010'' and inserting ``2011''. (b) Return to Pre-ARRA Limitations and Standards.-- (1) In general.--Subsections (a) and (b) of section 25C are amended to read as follows: ``(a) Allowance of Credit.--In the case of an individual, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the sum of-- ``(1) 10 percent of the amount paid or incurred by the taxpayer for qualified energy efficiency improvements installed during such taxable year, and ``(2) the amount of the residential energy property expenditures paid or incurred by the taxpayer during such taxable year. ``(b) Limitations.-- ``(1) Lifetime limitation.--The credit allowed under this section with respect to any taxpayer for any taxable year shall not exceed the excess (if any) of $500 over the aggregate credits allowed under this section with respect to such taxpayer for all prior taxable years ending after December 31, 2005. ``(2) Windows.--In the case of amounts paid or incurred for components described in subsection (c)(2)(B) by any taxpayer for any taxable year, the credit allowed under this section with respect to such amounts for such year shall not exceed the excess (if any) of $200 over the aggregate credits allowed under this section with respect to such amounts for all prior taxable years ending after December 31, 2005. ``(3) Limitation on residential energy property expenditures.--The amount of the credit allowed under this section by reason of subsection (a)(2) shall not exceed-- ``(A) $50 for any advanced main air circulating fan, ``(B) $150 for any qualified natural gas, propane, or oil furnace or hot water boiler, and ``(C) $300 for any item of energy-efficient building property.''. (2) Modification of standards.-- (A) In general.--Paragraph (1) of section 25C(c) is amended by striking ``2000'' and all that follows through ``this section'' and inserting ``2009 International Energy Conservation Code, as such Code (including supplements) is in effect on the date of the enactment of the American Recovery and Reinvestment Tax Act of 2009''. (B) Wood stoves.--Subparagraph (E) of section 25C(d)(3) is amended by striking ``, as measured using a lower heating value''. (C) Oil furnaces and hot water boilers.-- (i) In general.--Paragraph (4) of section 25C(d) is amended to read as follows: ``(4) Qualified natural gas, propane, or oil furnace or hot water boiler.--The term `qualified natural gas, propane, or oil furnace or hot water boiler' means a natural gas, propane, or oil furnace or hot water boiler which achieves an annual fuel utilization efficiency rate of not less than 95.''. (ii) Conforming amendment.--Clause (ii) of section 25C(d)(2)(A) is amended to read as follows: ``(ii) a qualified natural gas, propane, or oil furnace or hot water boiler, or''. (D) Exterior windows, doors, and skylights.-- (i) In general.--Subsection (c) of section 25C is amended by striking paragraph (4). (ii) Application of energy star standards.--Paragraph (1) of section 25C(c) is amended by inserting ``an exterior window, a skylight, an exterior door,'' after ``in the case of'' in the matter preceding subparagraph (A). (E) Insulation.--Subparagraph (A) of section 25C(c)(2) is amended by striking ``and meets the prescriptive criteria for such material or system established by the 2009 International Energy Conservation Code, as such Code (including supplements) is in effect on the date of the enactment of the American Recovery and Reinvestment Tax Act of 2009''. (3) Subsidized energy financing.--Subsection (e) of section 25C is amended by adding at the end the following new paragraph: ``(3) Property financed by subsidized energy financing.-- For purposes of determining the amount of expenditures made by any individual with respect to any property, there shall not be taken into account expenditures which are made from subsidized energy financing (as defined in section 48(a)(4)(C)).''. (c) Effective Date.--The amendments made by this section shall apply to property placed in service after December 31, 2010. SEC. 708. ALTERNATIVE FUEL VEHICLE REFUELING PROPERTY. (a) Extension of Credit.--Paragraph (2) of section 30C(g) is amended by striking ``December 31, 2010'' and inserting ``December 31, 2011.''. (b) Effective Date.--The amendment made by this section shall apply to property placed in service after December 31, 2010. Subtitle B--Individual Tax Relief SEC. 721. DEDUCTION FOR CERTAIN EXPENSES OF ELEMENTARY AND SECONDARY SCHOOL TEACHERS. (a) In General.--Subparagraph (D) of section 62(a)(2) is amended by striking ``or 2009'' and inserting ``2009, 2010, or 2011''. (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 2009. SEC. 722. DEDUCTION OF STATE AND LOCAL SALES TAXES. (a) In General.--Subparagraph (I) of section 164(b)(5) is amended by striking ``January 1, 2010'' and inserting ``January 1, 2012''. (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 2009. SEC. 723. CONTRIBUTIONS OF CAPITAL GAIN REAL PROPERTY MADE FOR CONSERVATION PURPOSES. (a) In General.--Clause (vi) of section 170(b)(1)(E) is amended by striking ``December 31, 2009'' and inserting ``December 31, 2011''. (b) Contributions by Certain Corporate Farmers and Ranchers.--Clause (iii) of section 170(b)(2)(B) is amended by striking ``December 31, 2009'' and inserting ``December 31, 2011''. (c) Effective Date.--The amendments made by this section shall apply to contributions made in taxable years beginning after December 31, 2009. [[Page S8926]] SEC. 724. ABOVE-THE-LINE DEDUCTION FOR QUALIFIED TUITION AND RELATED EXPENSES. (a) In General.--Subsection (e) of section 222 is amended by striking ``December 31, 2009'' and inserting ``December 31, 2011''. (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 2009. SEC. 725. TAX-FREE DISTRIBUTIONS FROM INDIVIDUAL RETIREMENT PLANS FOR CHARITABLE PURPOSES. (a) In General.--Subparagraph (F) of section 408(d)(8) is amended by striking ``December 31, 2009'' and inserting ``December 31, 2011''. (b) Effective Date; Special Rule.-- (1) Effective date.--The amendment made by this section shall apply to distributions made in taxable years beginning after December 31, 2009. (2) Special rule.--For purposes of subsections (a)(6), (b)(3), and (d)(8) of section 408 of the Internal Revenue Code of 1986, at the election of the taxpayer (at such time and in such manner as prescribed by the Secretary of the Treasury) any qualified charitable distribution made after December 31, 2010, and before February 1, 2011, shall be deemed to have been made on December 31, 2010. SEC. 726. PARITY FOR EXCLUSION FROM INCOME FOR EMPLOYER- PROVIDED MASS TRANSIT AND PARKING BENEFITS. (a) In General.--Paragraph (2) of section 132(f) is amended by striking ``January 1, 2011'' and inserting ``January 1, 2012''. (b) Effective Date.--The amendment made by this section shall apply to months after December 31, 2010. SEC. 727. REFUNDS DISREGARDED IN THE ADMINISTRATION OF FEDERAL PROGRAMS AND FEDERALLY ASSISTED PROGRAMS. (a) In General.--Subchapter A of chapter 65 is amended by adding at the end the following new section: ``SEC. 6409. REFUNDS DISREGARDED IN THE ADMINISTRATION OF FEDERAL PROGRAMS AND FEDERALLY ASSISTED PROGRAMS. ``(a) In General.--Notwithstanding any other provision of law, any refund (or advance payment with respect to a refundable credit) made to any individual under this title shall not be taken into account as income, and shall not be taken into account as resources for a period of 12 months from receipt, for purposes of determining the eligibility of such individual (or any other individual) for benefits or assistance (or the amount or extent of benefits or assistance) under any Federal program or under any State or local program financed in whole or in part with Federal funds. ``(b) Termination.--Subsection (a) shall not apply to any amount received after December 31, 2012.''. (b) Clerical Amendment.--The table of sections for such subchapter is amended by adding at the end the following new item: ``Sec. 6409. Refunds disregarded in the administration of Federal programs and federally assisted programs.''. (c) Effective Date.--The amendments made by this section shall apply to amounts received after December 31, 2009. Subtitle C--Business Tax Relief SEC. 731. RESEARCH CREDIT. (a) In General.--Subparagraph (B) of section 41(h)(1) is amended by striking ``December 31, 2009'' and inserting ``December 31, 2011''. (b) Conforming Amendment.--Subparagraph (D) of section 45C(b)(1) is amended by striking ``December 31, 2009'' and inserting ``December 31, 2011''. (c) Effective Date.--The amendments made by this section shall apply to amounts paid or incurred after December 31, 2009. SEC. 732. INDIAN EMPLOYMENT TAX CREDIT. (a) In General.--Subsection (f) of section 45A is amended by striking ``December 31, 2009'' and inserting ``December 31, 2011''. (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 2009. SEC. 733. NEW MARKETS TAX CREDIT. (a) In General.--Paragraph (1) of section 45D(f) is amended-- (1) by striking ``and'' at the end of subparagraph (E), (2) by striking the period at the end of subparagraph (F), and (3) by adding at the end the following new subparagraph: ``(G) $3,500,000,000 for 2010 and 2011.''. (b) Conforming Amendment.--Paragraph (3) of section 45D(f) is amended by striking ``2014'' and inserting ``2016''. (c) Effective Date.--The amendments made by this section shall apply to calendar years beginning after 2009. SEC. 734. RAILROAD TRACK MAINTENANCE CREDIT. (a) In General.--Subsection (f) of section 45G is amended by striking ``January 1, 2010'' and inserting ``January 1, 2012''. (b) Effective Date.--The amendment made by this section shall apply to expenditures paid or incurred in taxable years beginning after December 31, 2009. SEC. 735. MINE RESCUE TEAM TRAINING CREDIT. (a) In General.--Subsection (e) of section 45N is amended by striking ``December 31, 2009'' and inserting ``December 31, 2011''. (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 2009. SEC. 736. EMPLOYER WAGE CREDIT FOR EMPLOYEES WHO ARE ACTIVE DUTY MEMBERS OF THE UNIFORMED SERVICES. (a) In General.--Subsection (f) of section 45P is amended by striking ``December 31, 2009'' and inserting ``December 31, 2011''. (b) Effective Date.--The amendment made by this section shall apply to payments made after December 31, 2009. SEC. 737. ACCELERATED DEPRECIATION FOR BUSINESS PROPERTY ON AN INDIAN RESERVATION. (a) In General.--Paragraph (8) of section 168(j) is amended by striking ``December 31, 2009'' and inserting ``December 31, 2011''. (b) Effective Date.--The amendment made by this section shall apply to property placed in service after December 31, 2009. SEC. 738. ENHANCED CHARITABLE DEDUCTION FOR CONTRIBUTIONS OF FOOD INVENTORY. (a) In General.--Clause (iv) of section 170(e)(3)(C) is amended by striking ``December 31, 2009'' and inserting ``December 31, 2011''. (b) Effective Date.--The amendment made by this section shall apply to contributions made after December 31, 2009. SEC. 739. ENHANCED CHARITABLE DEDUCTION FOR CONTRIBUTIONS OF BOOK INVENTORIES TO PUBLIC SCHOOLS. (a) In General.--Clause (iv) of section 170(e)(3)(D) is amended by striking ``December 31, 2009'' and inserting ``December 31, 2011''. (b) Effective Date.--The amendment made by this section shall apply to contributions made after December 31, 2009. SEC. 740. ENHANCED CHARITABLE DEDUCTION FOR CORPORATE CONTRIBUTIONS OF COMPUTER INVENTORY FOR EDUCATIONAL PURPOSES. (a) In General.--Subparagraph (G) of section 170(e)(6) is amended by striking ``December 31, 2009'' and inserting ``December 31, 2011''. (b) Effective Date.--The amendment made by this section shall apply to contributions made in taxable years beginning after December 31, 2009. SEC. 741. ELECTION TO EXPENSE MINE SAFETY EQUIPMENT. (a) In General.--Subsection (g) of section 179E is amended by striking ``December 31, 2009'' and inserting ``December 31, 2011''. (b) Effective Date.--The amendment made by this section shall apply to property placed in service after December 31, 2009. SEC. 742. EXPENSING OF ENVIRONMENTAL REMEDIATION COSTS. (a) In General.--Subsection (h) of section 198 is amended by striking ``December 31, 2009'' and inserting ``December 31, 2011''. (b) Effective Date.--The amendment made by this section shall apply to expenditures paid or incurred after December 31, 2009. SEC. 743. MODIFICATION OF TAX TREATMENT OF CERTAIN PAYMENTS TO CONTROLLING EXEMPT ORGANIZATIONS. (a) In General.--Clause (iv) of section 512(b)(13)(E) is amended by striking ``December 31, 2009'' and inserting ``December 31, 2011''. (b) Effective Date.--The amendment made by this section shall apply to payments received or accrued after December 31, 2009. SEC. 744. TREATMENT OF CERTAIN DIVIDENDS OF REGULATED INVESTMENT COMPANIES. (a) In General.--Paragraphs (1)(C) and (2)(C) of section 871(k) are each amended by striking ``December 31, 2009'' and inserting ``December 31, 2011''. (b) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2009. SEC. 745. RIC QUALIFIED INVESTMENT ENTITY TREATMENT UNDER FIRPTA. (a) In General.--Clause (ii) of section 897(h)(4)(A) is amended by striking ``December 31, 2009'' and inserting ``December 31, 2011''. (b) Effective Date.-- (1) In general.--The amendment made by subsection (a) shall take effect on January 1, 2010. Notwithstanding the preceding sentence, such amendment shall not apply with respect to the withholding requirement under section 1445 of the Internal Revenue Code of 1986 for any payment made before the date of the enactment of this Act. (2) Amounts withheld on or before date of enactment.--In the case of a regulated investment company-- (A) which makes a distribution after December 31, 2009, and before the date of the enactment of this Act; and (B) which would (but for the second sentence of paragraph (1)) have been required to withhold with respect to such distribution under section 1445 of such Code, such investment company shall not be liable to any person to whom such distribution was made for any amount so withheld and paid over to the Secretary of the Treasury. SEC. 746. EXCEPTIONS FOR ACTIVE FINANCING INCOME. (a) In General.--Sections 953(e)(10) and 954(h)(9) are each amended by striking ``January 1, 2010'' and inserting ``January 1, 2012''. (b) Conforming Amendment.--Section 953(e)(10) is amended by striking ``December 31, 2009'' and inserting ``December 31, 2011''. (c) Effective Date.--The amendments made by this section shall apply to taxable years of foreign corporations beginning after December 31, 2009, and to taxable years of United States shareholders with or within which any such taxable year of such foreign corporation ends. [[Page S8927]] SEC. 747. LOOK-THRU TREATMENT OF PAYMENTS BETWEEN RELATED CONTROLLED FOREIGN CORPORATIONS UNDER FOREIGN PERSONAL HOLDING COMPANY RULES. (a) In General.--Subparagraph (C) of section 954(c)(6) is amended by striking ``January 1, 2010'' and inserting ``January 1, 2012''. (b) Effective Date.--The amendment made by this section shall apply to taxable years of foreign corporations beginning after December 31, 2009, and to taxable years of United States shareholders with or within which any such taxable year of such foreign corporation ends. SEC. 748. BASIS ADJUSTMENT TO STOCK OF S CORPS MAKING CHARITABLE CONTRIBUTIONS OF PROPERTY. (a) In General.--Paragraph (2) of section 1367(a) is amended by striking ``December 31, 2009'' and inserting ``December 31, 2011''. (b) Effective Date.--The amendment made by this section shall apply to contributions made in taxable years beginning after December 31, 2009. SEC. 749. EMPOWERMENT ZONE TAX INCENTIVES. (a) In General.--Section 1391 is amended-- (1) by striking ``December 31, 2009'' in subsection (d)(1)(A)(i) and inserting ``December 31, 2011''; and (2) by striking the last sentence of subsection (h)(2). (b) Increased Exclusion of Gain on Stock of Empowerment Zone Businesses.--Subparagraph (C) of section 1202(a)(2) is amended-- (1) by striking ``December 31, 2014'' and inserting ``December 31, 2016''; and (2) by striking ``2014'' in the heading and inserting ``2016''. (c) Treatment of Certain Termination Dates Specified in Nominations.--In the case of a designation of an empowerment zone the nomination for which included a termination date which is contemporaneous with the date specified in subparagraph (A)(i) of section 1391(d)(1) of the Internal Revenue Code of 1986 (as in effect before the enactment of this Act), subparagraph (B) of such section shall not apply with respect to such designation if, after the date of the enactment of this section, the entity which made such nomination amends the nomination to provide for a new termination date in such manner as the Secretary of the Treasury (or the Secretary's designee) may provide. (d) Effective Date.--The amendments made by this section shall apply to periods after December 31, 2009. SEC. 750. TAX INCENTIVES FOR INVESTMENT IN THE DISTRICT OF COLUMBIA. (a) In General.--Subsection (f) of section 1400 is amended by striking ``December 31, 2009'' each place it appears and inserting ``December 31, 2011''. (b) Tax-exempt DC Empowerment Zone Bonds.--Subsection (b) of section 1400A is amended by striking ``December 31, 2009'' and inserting ``December 31, 2011''. (c) Zero-percent Capital Gains Rate.-- (1) Acquisition date.--Paragraphs (2)(A)(i), (3)(A), (4)(A)(i), and (4)(B)(i)(I) of section 1400B(b) are each amended by striking ``January 1, 2010'' and inserting ``January 1, 2012''. (2) Limitation on period of gains.-- (A) In general.--Paragraph (2) of section 1400B(e) is amended-- (i) by striking ``December 31, 2014'' and inserting ``December 31, 2016''; and (ii) by striking ``2014'' in the heading and inserting ``2016''. (B) Partnerships and s-corps.--Paragraph (2) of section 1400B(g) is amended by striking ``December 31, 2014'' and inserting ``December 31, 2016''. (d) First-time Homebuyer Credit.--Subsection (i) of section 1400C is amended by striking ``January 1, 2010'' and inserting ``January 1, 2012''. (e) Effective Dates.-- (1) In general.--Except as otherwise provided in this subsection, the amendments made by this section shall apply to periods after December 31, 2009. (2) Tax-exempt dc empowerment zone bonds.--The amendment made by subsection (b) shall apply to bonds issued after December 31, 2009. (3) Acquisition dates for zero-percent capital gains rate.--The amendments made by subsection (c) shall apply to property acquired or substantially improved after December 31, 2009. (4) Homebuyer credit.--The amendment made by subsection (d) shall apply to homes purchased after December 31, 2009. SEC. 751. WORK OPPORTUNITY CREDIT. (a) In General.--Subparagraph (B) of section 51(c)(4) is amended by striking ``August 31, 2011'' and inserting ``December 31, 2011''. (b) Effective Date.--The amendment made by this section shall apply to individuals who begin work for the employer after the date of the enactment of this Act. SEC. 752. QUALIFIED ZONE ACADEMY BONDS. (a) In General.--Section 54E(c)(1) is amended-- (1) by striking ``2008 and'' and inserting ``2008,'', and (2) by inserting ``and $400,000,000 for 2011'' after ``2010,''. (b) Repeal of Refundable Credit for QZABs.--Paragraph (3) of section 6431(f) is amended by inserting ``determined without regard to any allocation relating to the national zone academy bond limitation for 2011 or any carryforward of such allocation'' after ``54E)'' in subparagraph (A)(iii). (c) Effective Date.--The amendments made by this section shall apply to obligations issued after December 31, 2010. SEC. 753. MORTGAGE INSURANCE PREMIUMS. (a) In General.--Clause (iv) of section 163(h)(3)(E) is amended by striking ``December 31, 2010'' and inserting ``December 31, 2011''. (b) Effective Date.--The amendment made by this section shall apply to amounts paid or accrued after December 31, 2010. SEC. 754. TEMPORARY EXCLUSION OF 100 PERCENT OF GAIN ON CERTAIN SMALL BUSINESS STOCK. (a) In General.--Paragraph (4) of section 1202(a) is amended-- (1) by striking ``January 1, 2011'' and inserting ``January 1, 2012'', and (2) by inserting ``and 2011'' after ``2010'' in the heading thereof. (b) Effective Date.--The amendments made by this section shall apply to stock acquired after December 31, 2010. Subtitle D--Temporary Disaster Relief Provisions PART Subpart A--New York Liberty Zone SEC. 761. TAX-EXEMPT BOND FINANCING. (a) In General.--Subparagraph (D) of section 1400L(d)(2) is amended by striking ``January 1, 2010'' and inserting ``January 1, 2012''. (b) Effective Date.--The amendment made by this section shall apply to bonds issued after December 31, 2009. Subpart B--GO Zone SEC. 762. INCREASE IN REHABILITATION CREDIT. (a) In General.--Subsection (h) of section 1400N is amended by striking ``December 31, 2009'' and inserting ``December 31, 2011''. (b) Effective Date.--The amendment made by this section shall apply to amounts paid or incurred after December 31, 2009. SEC. 763. LOW-INCOME HOUSING CREDIT RULES FOR BUILDINGS IN GO ZONES. Section 1400N(c)(5) is amended by striking ``January 1, 2011'' and inserting ``January 1, 2012''. SEC. 764. TAX-EXEMPT BOND FINANCING. (a) In General.--Paragraphs (2)(D) and (7)(C) of section 1400N(a) are each amended by striking ``January 1, 2011'' and inserting ``January 1, 2012''. (b) Conforming Amendments.--Sections 702(d)(1) and 704(a) of the Heartland Disaster Tax Relief Act of 2008 are each amended by striking ``January 1, 2011'' each place it appears and inserting ``January 1, 2012''. SEC. 765. BONUS DEPRECIATION DEDUCTION APPLICABLE TO THE GO ZONE. (a) In General.--Paragraph (6) of section 1400N(d) is amended-- (1) by striking ``December 31, 2010'' both places it appears in subparagraph (B) and inserting ``December 31, 2011'', and (2) by striking ``January 1, 2010'' in the heading and the text of subparagraph (D) and inserting ``January 1, 2012''. (b) Effective Date.--The amendment made by this section shall apply to property placed in service after December 31, 2009. TITLE VIII--BUDGETARY PROVISIONS SEC. 801. DETERMINATION OF BUDGETARY EFFECTS. The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled ``Budgetary Effects of PAYGO Legislation'' for this Act, jointly submitted for printing in the Congressional Record by the Chairmen of the House and Senate Budget Committees, provided that such statement has been submitted prior to the vote on passage in the House acting first on this conference report or amendment between the Houses. SEC. 802. EMERGENCY DESIGNATIONS. (a) Statutory Paygo.--This Act is designated as an emergency requirement pursuant to section 4(g) of the Statutory Pay-As-You-Go Act of 2010 (Public Law 111-139; 2 U.S.C. 933(g)) except to the extent that the budgetary effects of this Act are determined to be subject to the current policy adjustments under sections 4(c) and 7 of the Statutory Pay-As-You-Go Act. (b) Senate.--In the Senate, this Act is designated as an emergency requirement pursuant to section 403(a) of S. Con. Res. 13 (111th Congress), the concurrent resolution on the budget for fiscal year 2010. (c) House of Representatives.--In the House of Representatives, every provision of this Act is expressly designated as an emergency for purposes of pay-as-you-go principles except to the extent that any such provision is subject to the current policy adjustments under section 4(c) of the Statutory Pay-As-You-Go Act of 2010. ______