S.Amdt. 2503Senate116th Congress (2019-2021)2nd degree
S.Amdt. 2503
Sponsored by
Sen. Kelly Loeffler (R-GA)
Submitted August 3, 2020
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Senate amendment submitted
August 3, 2020
Text
Submitted
SA 2503. Mrs. LOEFFLER (for herself, Ms. Ernst, and Mr. Cruz) submitted an amendment intended to be proposed to amendment SA 2499 proposed by Mr. McConnell to the bill S. 178, to condemn gross human rights violations of ethnic Turkic Muslims in Xinjiang, and calling for an end to arbitrary detention, torture, and harassment of these communities inside and outside China; which was ordered to lie on the table; as follows: At the appropriate place, insert the following: SEC. 3. TAX INCENTIVES FOR RELOCATING MANUFACTURING OF PHARMACEUTICALS AND MEDICAL SUPPLIES AND DEVICES TO THE UNITED STATES. (a) Accelerated Depreciation for Nonresidential Real Property.--Section 168 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(n) Accelerated Depreciation for Nonresidential Real Property Acquired in Connection With the Relocation of Manufacturing of Pharmaceuticals and Medical Supplies and Devices to the United States.-- ``(1) Treatment as 20-year property.--For purposes of this section, qualified nonresidential real property shall be treated as 20-year property. ``(2) Application of bonus depreciation.--For application of bonus depreciation to qualified nonresidential real property, see subsection (k). ``(3) Qualified nonresidential real property.--For purposes of this subsection, the term `qualified nonresidential real property' means nonresidential real property placed in service in the United States by a qualified manufacturer if such property is acquired by such qualified manufacturer in connection with a qualified relocation of manufacturing. ``(4) Qualified manufacturer.--For purposes of this subsection, the term `qualified manufacturer' means any person engaged in the trade or business of manufacturing a qualified medical product. ``(5) Qualified medical product.--For purposes of this subsection, the term `qualified medical product' means any pharmaceutical, medical device, or medical supply. ``(6) Qualified relocation of manufacturing.--For purposes of this subsection-- ``(A) In general.--The term `qualified relocation of manufacturing' means, with respect to any qualified manufacturer, the relocation of the manufacturing of a qualified medical product from a foreign country to the United States. ``(B) Relocation of property not required.--For purposes of subparagraph (A), manufacturing shall not fail to be treated as relocated merely because property used in such manufacturing was not relocated. ``(C) Relocation of not less than equivalent productive capacity required.--For purposes of subparagraph (A), manufacturing shall not be treated as relocated unless the property manufactured in the United States is substantially identical to the property previously manufactured in a foreign country and the increase in the units of production of such property in the United States by the qualified manufacturer is not less than the reduction in the units of production of such property in such foreign country by such qualified manufacturer. ``(7) Application to possessions of the united states.--For purposes of this subsection, the term `United States' includes any possession of the United States.''. (b) Exclusion of Gain on Disposition of Property in Connection With Qualified Relocation of Manufacturing.-- (1) In general.--Part III of subchapter B of chapter 1 of such Code is amended by inserting after section 139H the following new section: ``SEC. 139I. EXCLUSION OF GAIN ON DISPOSITION OF PROPERTY IN CONNECTION WITH QUALIFIED RELOCATION OF MANUFACTURING. ``(a) In General.--In the case of a qualified manufacturer, gross income shall not include gain from the sale or exchange of qualified relocation disposition property. ``(b) Qualified Relocation Disposition Property.--For purposes of this section, the term `qualified relocation disposition property' means any property which-- ``(1) is sold or exchanged by a qualified manufacturer in connection with a qualified relocation of manufacturing, and ``(2) was used by such qualified manufacturer in the trade or business of manufacturing a qualified medical product in the foreign country from which such manufacturing is being relocated. ``(c) Other Terms.--Terms used in this section which are also used in subsection (n) of section 168 shall have the same meaning when used in this section as when used in such subsection.''. (2) Clerical amendment.--The table of sections for part III of subchapter B of chapter 1 of such Code is amended by inserting after the item relating to section 139H the following new item: ``Sec. 139I. Exclusion of gain on disposition of property in connection with qualified relocation of manufacturing.''. (c) Effective Dates.-- (1) Accelerated depreciation.--The amendment made by subsection (a) shall apply to property placed in service after the date of the enactment of this Act. (2) Exclusion of gain.--The amendments made by subsection (b) shall apply to sales and exchanges after the date of the enactment of this Act. ______