S.Amdt. 1802Senate115th Congress (2017-2019)2nd degree
S.Amdt. 1802
Sponsored by
Sen. Amy Klobuchar (D-MN)
Submitted November 30, 2017
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Senate amendment submitted
November 30, 2017
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Submitted
SA 1802. Ms. KLOBUCHAR submitted an amendment intended to be proposed to amendment SA 1618 proposed by Mr. McConnell (for Mr. Hatch (for himself and Ms. Murkowski)) to the bill H.R. 1, to provide for reconciliation pursuant to titles II and V of the concurrent resolution on the budget for fiscal year 2018; which was ordered to lie on the table; as follows: At the end of part III of subtitle A of title I, insert the following: SEC. 11030. CERTAIN CAREER TRAINING EXPENSES TREATED AS QUALIFIED HIGHER EDUCATION EXPENSES. (a) In General.--Paragraph (3) of section 529(e) is amended by adding at the end the following new subparagraph: ``(C) Certain career training expenses.-- ``(i) In general.--In the case of an individual who is enrolled in or attending a program to obtain a recognized postsecondary credential or occupational license, the term `qualified higher education expenses' includes expenses similar to the expenses described in subparagraph (A) which are required for such program. ``(ii) Program to obtain a recognized postsecondary credential.--For purposes of this subparagraph-- ``(I) the term `recognized postsecondary credential' has the meaning given the term in section 3(52) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102(52)), and ``(II) when used with respect to obtaining such a credential, the term `program' means only a program which is included, and is offered by a provider which is included, on the list described in section 122(d) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3152(d)).''. (b) Effective Date.--The amendment made by subsection (a) shall apply to expenses paid or incurred in taxable years beginning after the date of the enactment of this Act. (c) Offset.-- (1) Inclusion of foreign base company oil related income.-- Subsection (a) of section 954, as amended by section 14211, is amended-- (A) by striking ``and'' at the end of paragraph (2), (B) by striking the period at the end of paragraph (3) and inserting ``, and'', and (C) by adding at the end the following new paragraph: ``(4) the foreign base company oil related income for the taxable year (determined under subsection (g) and reduced as provided in subsection (b)(5)).''. (2) Conforming amendments.-- (A) Section 952(c)(1)(B)(iii), as amended by section 14211, is amended-- (i) by redesignating subclauses (I) through (IV) as subclauses (II) through (V), respectively, and (ii) by inserting before subclause (II), as so redesignated, the following new subclause: ``(I) foreign base company oil related income,''. (B) Section 954(b), as amended by section 14211, is amended-- (i) by adding at the end of paragraph (4) the following: ``The preceding sentence shall not apply to foreign base company oil-related income described in subsection (a)(4).'', (ii) by striking ``and the foreign base company services income'' in paragraph (5) and inserting ``the foreign base company services income, and the foreign base company oil related income'', and (iii) by adding at the end the following new paragraph: ``(6) Foreign base company oil related income not treated as another kind of base company income.--Income of a corporation which is foreign base company oil related income shall not be considered foreign base company income of such corporation under paragraph (2) or (3) of subsection (a).''. (C) Section 954, as amended by section 14211, is amended by inserting before subsection (h) the following: ``(g) Foreign Base Company Oil Related Income.--For purposes of this section-- ``(1) In general.--Except as otherwise provided in this subsection, the term `foreign base company oil related income' means foreign oil related income (within the meaning of paragraphs (2) and (3) of section 907(c)) other than income derived from a source within a foreign country in connection with-- ``(A) oil or gas which was extracted from an oil or gas well located in such foreign country, or ``(B) oil, gas, or a primary product of oil or gas which is sold by the foreign corporation or a related person for use or consumption within such country or is loaded in such country on a vessel or aircraft as fuel for such vessel or aircraft. Such term shall not include any foreign personal holding company income (as defined in subsection (c)). ``(2) Paragraph (1) applies only where corporation has produced 1,000 barrels per day or more.-- ``(A) In general.--The term `foreign base company oil related income' shall not include any income of a foreign corporation if such corporation is not a large oil producer for the taxable year. ``(B) Large oil producer.--For purposes of subparagraph (A), the term `large oil producer' means any corporation if, for the taxable year or for the preceding taxable year, the average daily production of foreign crude oil and natural gas of the related group which includes such corporation equaled or exceeded 1,000 barrels. ``(C) Related group.--The term `related group' means a group consisting of the foreign corporation and any other person who is a related person with respect to such corporation. ``(D) Average daily production of foreign crude oil and natural gas.--For purposes of this paragraph, the average daily production of foreign crude oil or natural gas of any related group for any taxable year (and the conversion of cubic feet of natural gas into barrels) shall be determined under rules similar to the rules of section 613A except that only crude oil or natural gas from a well located outside the United States shall be taken into account.''. (3) Effective date.--The amendments made by this subsection shall apply to taxable years of foreign corporations beginning after December 31, 2017, and to taxable years of United States shareholders with or within which such taxable years of foreign corporations end. ______