H. Rept. 104-586 - 104th Congress (1995-1996)
May 20, 1996, As Reported by the Ways and Means Committee

Report text available as:

Formatting necessary for an accurate reading of this legislative text may be shown by tags (e.g., <DELETED> or <BOLD>) or may be missing from this TXT display. For complete and accurate display of this text, see the PDF.




House Report 104-586 - SMALL BUSINESS JOB PROTECTION ACT OF 1996




[House Report 104-586]
[From the U.S. Government Printing Office]




104th Congress                                                   REPORT
                       HOUSE OF REPRESENTATIVES       
 2d Session                                                     104-586
_______________________________________________________________________

                                     



 
               SMALL BUSINESS JOB PROTECTION ACT OF 1996

                               __________

                              R E P O R T

                                 of the

                      COMMITTEE ON WAYS AND MEANS
                        HOUSE OF REPRESENTATIVES

                                   on

                               H.R. 3448

                             together with

                   SUPPLEMENTAL AND DISSENTING VIEWS

    [Together with cost estimate of the Congressional Budget Office]

<GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT>


  May 20, 1996.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed
                SMALL BUSINESS JOB PROTECTION ACT OF 1996



104th Congress                                                   REPORT
                       HOUSE OF REPRESENTATIVES       
 2d Session                                                     104-586
_______________________________________________________________________

                                     
               SMALL BUSINESS JOB PROTECTION ACT OF 1996

                               __________

                              R E P O R T

                                 of the

                      COMMITTEE ON WAYS AND MEANS
                        HOUSE OF REPRESENTATIVES

                                   on

                               H.R. 3448

                             together with

                   SUPPLEMENTAL AND DISSENTING VIEWS

    [Together with cost estimate of the Congressional Budget Office]

<GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT>


  May 20, 1996.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                             C O N T E N T S

                               __________
                                                                   Page
   I. INTRODUCTION...................................................61
     A. Purpose and Summary..........................................61
     B. Background and Need for Legislation..........................61
     C. Legislative History..........................................62
  II.  EXPLANATION OF THE BILL.......................................63
     Small Business and Other Tax Provisions.........................63
     A. Small Business Provisions....................................63
          1. Increase in expensing for small businesses (sec. 
              1111)..............................................    63
          2. Tax credit for Social Security taxes paid with 
              respect to employee cash tips (sec. 1112)..........    64
          3. Home office deduction: Treatment of storage of 
              product samples (sec. 1113)........................    65
          4. Treatment of certain charitable risk pools (sec. 
              1114)..............................................    66
          5. Treatment of dues paid to agriculture or 
              horticulture organizations (sec. 1115).............    68
          6. Clarify employment tax status of certain fishermen 
              (sec. 1116(a)).....................................    69
          7. Reporting requirements for purchasers of fish (sec. 
              1116(b))...........................................    70
     B. Extension of Certain Expiring Provisions.....................71
          1. Work opportunity tax credit (sec. 1201).............    71
          2. Employer-provided educational assistance (sec. 1202)    79
          3. Permanent extension of FUTA exemption for alien 
              agricultural workers (sec. 1203)...................    81
     C. Provisions Relating to S Corporations........................81
           1. S corporations permitted to have 75 shareholders 
              (sec. 1301)........................................    81
           2. Electing small business trusts (sec. 1302).........    82
           3. Expansion of post-death qualification for certain 
              trusts (sec. 1303).................................    84
           4. Financial institutions permitted to hold safe 
              harbor debt (sec. 1304)............................    84
           5. Rules relating to inadvertent terminations and 
              invalid elections (sec. 1305)......................    85
           6. Agreement to terminate year (sec. 1306)............    86
           7. Expansion of post-termination transition period 
              (sec. 1307)........................................    86
           8. S corporations permitted to hold subsidiaries (sec. 
              1308)..............................................    87
           9. Treatment of distributions during loss years (sec. 
              1309)..............................................    89
          10. Treatment of S corporations under subchapter C 
              (sec. 1310)........................................    91
          11. Elimination of certain earnings and profits (sec. 
              1311)..............................................    92
          12. Carryover of disallowed losses and deductions under 
              the at-risk rules (sec. 1312)......................    93
          13. Adjustments to basis of inherited S stock to 
              reflect certain items of income (sec. 1313)........    94
          14. S corporations eligible for rules applicable to 
              real property subdivided for sale by noncorporate 
              taxpayers (sec. 1314)..............................    95
          15. Reelecting subchapter S status (sec. 1315).........    95
     Pension Simplification Provisions; Foreign Simplification.......96
     A. Simplified Distribution Rules (secs. 1401-1404)..............96
     B. Increased Access to Pension Plans...........................100
          1. Establish SIMPLE retirement plans (secs. 1421-1422).   100
          2. Tax-exempt organizations eligible under section 
              401(k) (sec. 1426).................................   105
     C. Nondiscrimination Provisions................................105
          1. Definition of highly compensated employees and 
              repeal of family aggregation rules (sec. 1431).....   105
          2. Modification of additional participation 
              requirements (sec. 1432)...........................   107
          3. Nondiscrimination rules for qualified cash or 
              deferred arrangements and matching contributions 
              (sec. 1433)........................................   108
          4. Definition of compensation for purposes of the 
              limits on contributions and benefits (sec. 1434)...   112
     D. Miscellaneous Pension Simplification........................112
           1. Plans covering self-employed individuals (sec. 
              1441)..............................................   112
           2. Elimination of special vesting rule for 
              multiemployer plans (sec. 1442)....................   113
           3. Distributions under rural cooperative plans (sec. 
              1443)..............................................   114
           4. Treatment of governmental plans under section 415 
              (sec. 1444)........................................   114
           5. Uniform retirement age (sec. 1445).................   115
           6. Contributions on behalf of disabled employees (sec. 
              1446)..............................................   116
           7. Treatment of deferred compensation plans of State 
              and local governments and tax-exempt organizations 
              (sec. 1447)........................................   116
           8. Trust requirement for deferred compensation plans 
              of State and local governments (sec. 1448).........   117
           9. Correction of GATT interest and mortality rate 
              provisions in the Retirement Protection Act (sec. 
              1449)..............................................   118
          10. Multiple salary reduction agreements permitted 
              under section 403(b) (sec. 1450(a))................   119
          11. Treatment of Indian tribal governments under 
              section 403(b) (sec. 1450(b))......................   120
          12. Application of elective deferral limit to section 
              403(b) contracts (sec. 1450(c))....................   121
          13. Waiver of minimum waiting period for qualified plan 
              distributions (sec. 1451)..........................   121
          14. Repeal of combined plan limit (sec. 1452)..........   122
          15. Tax on prohibited transactions (sec. 1453).........   123
          16. Treatment of leased employees (sec. 1454)..........   124
          17. Uniform penalty provisions to apply to certain 
              pension reporting requirements (sec. 1455).........   126
          18. Retirement benefits of ministers not subject to tax 
              on net earnings from self-employment (sec. 1456)...   127
          19. Date for adoption of plan amendments (sec. 1457)...   127
     E. Foreign Simplification Provision............................128
          1. Repeal of excess passive assets provision (sec. 
              1501)..............................................   128
     Revenue Offsets................................................130
          1. Phased-in repeal of Puerto Rico and possession tax 
              credit (sec. 1601).................................   130
          2. Repeal 50-percent interest income exclusion for 
              financial institution loans to ESOPs (sec. 1602)...   135
          3. Apply look-through rule for purposes of 
              characterizing certain subpart F insurance income 
              as unrelated business taxable income (sec. 1603)...   136
          4. Depreciation under the income forecast method (sec. 
              1604)..............................................   138
          5. Modify exclusion of damages received on account of 
              personal injury or sickness (sec. 1605)............   142
          6. Repeal advance refunds of diesel fuel tax for 
              purchasers of diesel-powered automobiles, vans, and 
              light trucks (sec. 1606)...........................   144
     Tax Technical Corrections Provisions...........................146
     A. Technical Corrections to the Revenue Reconciliation Act of 1146
          1. Excise tax provisions...............................   146
              a. Application of the 2.5-cents-per-gallon tax on 
                  fuel used in rail transportation to States and 
                  local governments (sec. 1702(b)(2))............   146
              b. Small winery production credit and bonding 
                  requirements (secs. 1702(b)(5),(6), and (7))...   146
          2. Other revenue-increase provisions of the 1990 Act...   147
              a. Deposits of Railroad Retirement Tax Act taxes 
                  (sec. 1702(c)(3))..............................   147
              b. Treatment of salvage and subrogation of property 
                  and casualty insurance companies (sec. 
                  1702(c)(4))....................................   147
              c. Information with respect to certain foreign-
                  owned or foreign corporations: Suspension of 
                  statute of limitations during certain judicial 
                  proceedings (sec. 1702(c)(5))..................   148
              d. Rate of interest for large corporate 
                  underpayments (secs. 1702(c)(6) and (7)).......   150
          3. Research credit provision: Effective date for repeal 
              of special proration rule (sec. 1702(d)(1))........   150
          4. Energy tax provision: Alternative minimum tax 
              adjustment based on energy preferences (secs. 
              1702(e)(1) and (4))................................   151
          5. Estate tax freezes (sec. 1702(f))...................   152
          6. Miscellaneous provisions............................   156
              a. Conforming amendments to the repeal of the 
                  General Utilities doctrine (secs. 1702(g)(1) 
                  and (2)).......................................   156
              b. Prohibited transaction rules (sec. 1702(g)(3))..   157
              c. Effective date of LIFO adjustment for purposes 
                  of computing adjusted current earnings (sec. 
                  1702(g)(4))....................................   157
              d. Low-income housing tax credit (sec. 1702(g)(5)).   158
          7. Expired or obsolete provisions (``deadwood 
              provisions'') (sec. 1702(h)(1)-(18))...............   158
     B. Technical Corrections to the Revenue Reconciliation Act of 1159
           1. Treatment of full-time students under the low-
              income housing credit (sec. 1703(b)(1))............   159
           2. Indexation of threshold applicable to excise tax on 
              luxury automobiles (sec. 1703(c))..................   159
           3. Indexation of the limitation based on modified 
              adjusted gross income for income from United States 
              savings bonds used to pay higher education tuition 
              and fees (sec. 1703(d))............................   160
           4. Reporting and notification requirements for 
              lobbying and political expenditures of tax-exempt 
              organizations (sec. 1703(g)).......................   160
           5. Estimated tax rules for certain tax-exempt 
              organizations (sec. 1703(h)).......................   161
           6. Current taxation of certain earnings of controlled 
              foreign corporations--application of foreign tax 
              credit limitations (sec. 1703(i)(1))...............   161
           7. Current taxation of certain earnings of controlled 
              foreign corporations--measurement of accumulated 
              earnings (sec. 1703(i)(2)).........................   162
           8. Current taxation of certain earnings of controlled 
              foreign corporations--aggregation and look-through 
              rules (sec. 1703(i)(3))............................   163
           9. Treatment of certain leased assets for PFIC 
              purposes (sec. 1703(i)(5)).........................   163
           10. Amortization of goodwill and certain other 
              intangibles (sec. 1703(k)).........................   164
           11. Empowerment zones and eligibility of small farms 
              for tax incentives (sec. 1703(l))..................   165
     C. Other Tax Technical Corrections.............................165
           1. Hedge bonds (sec. 1704(b)).........................   165
           2. Withholding on distributions from U.S. real 
              property holding companies (sec. 1704(c))..........   166
           3. Treatment of credits attributable to working 
              interests in oil and gas properties (sec. 1704(d)).   168
           4. Clarification of passive loss disposition rule 
              (sec. 1704(e)).....................................   168
           5. Estate tax unified credit allowed nonresident 
              aliens under treaty (sec. 1704(f)(1))..............   169
           6. Limitation on deduction for certain interest paid 
              by corporation to related persons (sec. 
              1704(f)(2)(A)).....................................   170
           7. Interaction between passive loss activity rules and 
              earnings stripping rules (sec. 1704(f)(2)(B) and 
              (C))...............................................   172
           8. Branch-level interest tax (sec. 1704(f)(3))........   173
           9. Determination of source in case of sales of 
              inventory property (sec. 1704(f)(4))...............   174
           10. Repeal of obsolete provisions (sec. 1704(f)(5))...   175
           11. Clarification of a certain stadium bond transition 
              rule in Tax Reform Act of 1986 (sec. 1704(g))......   176
           12. Health care continuation rules (sec. 1704(h)).....   176
           13. Taxation of excess inclusions of a residual 
              interest in a REMIC for taxpayers subject to 
              alternative minimum tax with net operating losses 
              (sec. 1704(i)).....................................   177
           14. Application of harbor maintenance tax to Alaska 
              and Hawaii ship passengers (sec. 1704(j))..........   178
           15. Modify effective date provision relating to the 
              Energy Policy Act of 1992 (sec. 1704(k))...........   178
           16. Treat qualified football coaches plan as 
              multiemployer pension plan for purposes of the 
              Internal Revenue Code (sec. 1704(l))...............   179
           17. Determination of unrecovered investment in annuity 
              contract (sec. 1704(m))............................   180
           18. Election by parent to claim unearned income of 
              certain children on parent's return (sec. 1704(n)).   180
           19. Treatment of certain veterans' reemployment rights 
              (sec. 1704(o)).....................................   181
           20. Reporting of real estate transactions (sec. 
              1704(p))...........................................   183
           21. Clarification of denial of deduction for stock 
              redemption expenses (sec. 1704(q)).................   183
           22. Definition of passive income in determining 
              passive foreign investment company status (sec. 
              1704(s))...........................................   184
           23. Exclusion from income for combat zone compensation 
              (sec. 1704(t)(4))..................................   185
           24. Certain property not treated as section 179 
              property (sec. 1704(u))............................   186
 III. VOTES OF THE COMMITTEE........................................186
 IV.  BUDGET EFFECTS OF THE BILL....................................191
     A. Committee Estimates of Budgetary Effects....................191
     B. Statement Regarding New Budget Authority and Tax Expenditure196
     C. Cost Estimate Prepared by the Congressional Budget Office...196
   V. OTHER MATTERS TO BE DISCUSSED UNDER RULES OF THE HOUSE........200
     A. Committee Oversight Findings and Recommendations............200
     B. Summary of Findings and Recommendations of the Committee on 
     Government Reform and Oversight................................200
     C. Inflationary Impact Statement...............................200
     D. Information Relating to Unfunded Mandates...................200
     E. Applicability of House Rule XXI5(c).........................202
  VI. CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED.........203
 VII. SUPPLEMENTAL VIEWS............................................396
VIII. DISSENTING VIEWS..............................................400



104th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES

 2d Session                                                     104-586
_______________________________________________________________________


               SMALL BUSINESS JOB PROTECTION ACT OF 1996

                                _______


  May 20, 1996.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

_______________________________________________________________________


    Mr. Archer, from the Committee on Ways and Means, submitted the 
                               following

                              R E P O R T

                             together with

                   SUPPLEMENTAL AND DISSENTING VIEWS

                        [To accompany H.R. 3448]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Ways and Means, to whom was referred the 
bill (H.R. 3448) to provide tax relief for small businesses, to 
protect jobs, to create opportunities, to increase the take 
home pay of workers, and for other purposes, having considered 
the same, report favorably thereon with an amendment and 
recommend that the bill as amended do pass.
  The amendment is as follows:
  Strike out all after the enacting clause and insert in lieu 
thereof the following:

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

  (a) Short Title.--This Act may be cited as the ``Small Business Job 
Protection Act of 1996''.
  (b) Table of Contents.--

            TITLE I--SMALL BUSINESS AND OTHER TAX PROVISIONS

Sec. 1101. Amendment of 1986 Code.
Sec. 1102. Underpayments of estimated tax.

                      Subtitle A--Expensing; Etc.

Sec. 1111. Increase in expense treatment for small businesses.
Sec. 1112. Treatment of employee tips.
Sec. 1113. Treatment of storage of product samples.
Sec. 1114. Treatment of certain charitable risk pools.
Sec. 1115. Treatment of dues paid to agricultural or horticultural 
organizations.
Sec. 1116. Clarification of employment tax status of certain fishermen; 
information reporting.

          Subtitle B--Extension of Certain Expiring Provisions

Sec. 1201. Work opportunity tax credit.
Sec. 1202. Employer-provided educational assistance programs.
Sec. 1203. FUTA exemption for alien agricultural workers.

           Subtitle C--Provisions Relating to S Corporations

Sec. 1301. S corporations permitted to have 75 shareholders.
Sec. 1302. Electing small business trusts.
Sec. 1303. Expansion of post-death qualification for certain trusts.
Sec. 1304. Financial institutions permitted to hold safe harbor debt.
Sec. 1305. Rules relating to inadvertent terminations and invalid 
elections.
Sec. 1306. Agreement to terminate year.
Sec. 1307. Expansion of post-termination transition period.
Sec. 1308. S corporations permitted to hold subsidiaries.
Sec. 1309. Treatment of distributions during loss years.
Sec. 1310. Treatment of S corporations under subchapter C.
Sec. 1311. Elimination of certain earnings and profits.
Sec. 1312. Carryover of disallowed losses and deductions under at-risk 
rules allowed.
Sec. 1313. Adjustments to basis of inherited S stock to reflect certain 
items of income.
Sec. 1314. S corporations eligible for rules applicable to real 
property subdivided for sale by noncorporate taxpayers.
Sec. 1315. Effective date.

                   Subtitle D--Pension Simplification

                Chapter 1--Simplified Distribution Rules

Sec. 1401. Repeal of 5-year income averaging for lump-sum 
distributions.
Sec. 1402. Repeal of $5,000 exclusion of employees' death benefits.
Sec. 1403. Simplified method for taxing annuity distributions under 
certain employer plans.
Sec. 1404. Required distributions.

              Chapter 2--Increased Access to Pension Plans

                    SUBCHAPTER A--SIMPLE SAVINGS PLANS

Sec. 1421. Establishment of savings incentive match plans for employees 
of small employers.
Sec. 1422. Extension of simple plan to 401(k) arrangements.

                      SUBCHAPTER B--OTHER PROVISIONS

Sec. 1426. Tax-exempt organizations eligible under section 401(k).

                Chapter 3--Nondiscrimination Provisions

Sec. 1431. Definition of highly compensated employees; repeal of family 
aggregation.
Sec. 1432. Modification of additional participation requirements.
Sec. 1433. Nondiscrimination rules for qualified cash or deferred 
arrangements and matching contributions.
Sec. 1434. Definition of compensation for section 415 purposes.

                  Chapter 4--Miscellaneous Provisions

Sec. 1441. Plans covering self-employed individuals.
Sec. 1442. Elimination of special vesting rule for multiemployer plans.
Sec. 1443. Distributions under rural cooperative plans.
Sec. 1444. Treatment of governmental plans under section 415.
Sec. 1445. Uniform retirement age.
Sec. 1446. Contributions on behalf of disabled employees.
Sec. 1447. Treatment of deferred compensation plans of State and local 
governments and tax-exempt organizations.
Sec. 1448. Trust requirement for deferred compensation plans of State 
and local governments.
Sec. 1449. Transition rule for computing maximum benefits under section 
415 limitations.
Sec. 1450. Modifications of section 403(b).
Sec. 1451. Waiver of minimum period for joint and survivor annuity 
explanation before annuity starting date.
Sec. 1452. Repeal of limitation in case of defined benefit plan and 
defined contribution plan for same employee; excess distributions.
Sec. 1453. Tax on prohibited transactions.
Sec. 1454. Treatment of leased employees.
Sec. 1455. Uniform penalty provisions to apply to certain pension 
reporting requirements.
Sec. 1456. Retirement benefits of ministers not subject to tax on net 
earnings from self-employment.
Sec. 1457. Date for adoption of plan amendments.

                   Subtitle E--Foreign Simplification

Sec. 1501. Repeal of inclusion of certain earnings invested in excess 
passive assets.

                      Subtitle F--Revenue Offsets

Sec. 1601. Termination of Puerto Rico and possession tax credit.
Sec. 1602. Repeal of exclusion for interest on loans used to acquire 
employer securities.
Sec. 1603. Certain amounts derived from foreign corporations treated as 
unrelated business taxable income.
Sec. 1604. Depreciation under income forecast method.
Sec. 1605. Repeal of exclusion for punitive damages and for damages not 
attributable to physical injuries or sickness.
Sec. 1606. Repeal of diesel fuel tax rebate to purchasers of diesel-
powered automobiles and light trucks.

                   Subtitle G--Technical Corrections

Sec. 1701. Coordination with other subtitles.
Sec. 1702. Amendments related to Revenue Reconciliation Act of 1990.
Sec. 1703. Amendments related to Revenue Reconciliation Act of 1993.
Sec. 1704. Miscellaneous provisions.

            TITLE I--SMALL BUSINESS AND OTHER TAX PROVISIONS

SEC. 1101. AMENDMENT OF 1986 CODE.

  Except as otherwise expressly provided, whenever in this title 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.

SEC. 1102. UNDERPAYMENTS OF ESTIMATED TAX.

  No addition to the tax shall be made under section 6654 or 6655 of 
the Internal Revenue Code of 1986 (relating to failure to pay estimated 
tax) with respect to any underpayment of an installment required to be 
paid before the date of the enactment of this Act to the extent such 
underpayment was created or increased by any provision of this title.

                      Subtitle A--Expensing; Etc.

SEC. 1111. INCREASE IN EXPENSE TREATMENT FOR SMALL BUSINESSES.

  (a) General Rule.--Paragraph (1) of section 179(b) (relating to 
dollar limitation) is amended to read as follows:
          ``(1) Dollar limitation.--The aggregate cost which may be 
        taken into account under subsection (a) for any taxable year 
        shall not exceed the following applicable amount:

        ``If the taxable year
                                                         The applicable
          begins in:
                                                             amount is:
                  1996...............................          $18,500 
                  1997...............................           19,000 
                  1998...............................           20,000 
                  1999...............................           21,000 
                  2000...............................           22,000 
                  2001...............................           23,000 
                  2002...............................           23,500 
                  2003 or thereafter.................         25,000.''

  (b) Effective Date.--The amendment made by subsection (a) shall apply 
to taxable years beginning after December 31, 1995.

SEC. 1112. TREATMENT OF EMPLOYEE TIPS.

  (a) Employee Cash Tips.--
          (1) Reporting requirement not considered.--Subparagraph (A) 
        of section 45B(b)(1) (relating to excess employer social 
        security tax) is amended by inserting ``(without regard to 
        whether such tips are reported under section 6053)'' after 
        ``section 3121(q)''.
          (2) Taxes paid.--Subsection (d) of section 13443 of the 
        Revenue Reconciliation Act of 1993 is amended by inserting ``, 
        with respect to services performed before, on, or after such 
        date'' after ``1993''.
          (3) Effective date.--The amendments made by this subsection 
        shall take effect as if included in the amendments made by, and 
        the provisions of, section 13443 of the Revenue Reconciliation 
        Act of 1993.
  (b) Tips for Employees Delivering Food or Beverages.--
          (1) In general.--Paragraph (2) of section 45B(b) is amended 
        to read as follows:
          ``(2) Only tips received for food or beverages taken into 
        account.--In applying paragraph (1), there shall be taken into 
        account only tips received from customers in connection with 
        the delivering or serving of food or beverages for consumption 
        if the tipping of employees delivering or serving food or 
        beverages by customers is customary.''
          (2) Effective date.--The amendment made by paragraph (1) 
        shall apply to tips received for services performed after 
        December 31, 1996.

SEC. 1113. TREATMENT OF STORAGE OF PRODUCT SAMPLES.

  (a) In General.--Paragraph (2) of section 280A(c) is amended by 
striking ``inventory'' and inserting ``inventory or product samples''.
  (b) Effective Date.--The amendment made by subsection (a) shall apply 
to taxable years beginning after December 31, 1995.

SEC. 1114. TREATMENT OF CERTAIN CHARITABLE RISK POOLS.

  (a) General Rule.--Section 501 (relating to exemption from tax on 
corporations, certain trusts, etc.) is amended by redesignating 
subsection (n) as subsection (o) and by inserting after subsection (m) 
the following new subsection:
  ``(n) Charitable Risk Pools.--
          ``(1) In general.--For purposes of this title--
                  ``(A) a qualified charitable risk pool shall be 
                treated as an organization organized and operated 
                exclusively for charitable purposes, and
                  ``(B) subsection (m) shall not apply to a qualified 
                charitable risk pool.
          ``(2) Qualified charitable risk pool.--For purposes of this 
        subsection, the term `qualified charitable risk pool' means any 
        organization--
                  ``(A) which is organized and operated solely to pool 
                insurable risks of its members (other than risks 
                related to medical malpractice) and to provide 
                information to its members with respect to loss control 
                and risk management,
                  ``(B) which is comprised solely of members that are 
                organizations described in subsection (c)(3) and exempt 
                from tax under subsection (a), and
                  ``(C) which meets the organizational requirements of 
                paragraph (3).
          ``(3) Organizational requirements.--An organization 
        (hereinafter in this subsection referred to as the `risk pool') 
        meets the organizational requirements of this paragraph if--
                  ``(A) such risk pool is organized as a nonprofit 
                organization under State law provisions authorizing 
                risk pooling arrangements for charitable organizations,
                  ``(B) such risk pool is exempt from any income tax 
                imposed by the State (or will be so exempt after such 
                pool qualifies as an organization exempt from tax under 
                this title),
                  ``(C) such risk pool has obtained at least $1,000,000 
                in startup capital from nonmember charitable 
                organizations,
                  ``(D) such risk pool is controlled by a board of 
                directors elected by its members, and
                  ``(E) the organizational documents of such risk pool 
                require that--
                          ``(i) each member of such pool shall at all 
                        times be an organization described in 
                        subsection (c)(3) and exempt from tax under 
                        subsection (a),
                          ``(ii) any member which receives a final 
                        determination that it no longer qualifies as an 
                        organization described in subsection (c)(3) 
                        shall immediately notify the pool of such 
                        determination and the effective date of such 
                        determination, and
                          ``(iii) each policy of insurance issued by 
                        the risk pool shall provide that such policy 
                        will not cover the insured with respect to 
                        events occurring after the date such final 
                        determination was issued to the insured.
        An organization shall not cease to qualify as a qualified 
        charitable risk pool solely by reason of the failure of any of 
        its members to continue to be an organization described in 
        subsection (c)(3) if, within a reasonable period of time after 
        such pool is notified as required under subparagraph (C)(ii), 
        such pool takes such action as may be reasonably necessary to 
        remove such member from such pool.
          ``(4) Other definitions.--For purposes of this subsection--
                  ``(A) Startup capital.--The term `startup capital' 
                means any capital contributed to, and any program-
                related investments (within the meaning of section 
                4944(c)) made in, the risk pool before such pool 
                commences operations.
                  ``(B) Nonmember charitable organization.--The term 
                `nonmember charitable organization' means any 
                organization which is described in subsection (c)(3) 
                and exempt from tax under subsection (a) and which is 
                not a member of the risk pool and does not benefit 
                (directly or indirectly) from the insurance coverage 
                provided by the pool to its members.''
  (b) Effective Date.--The amendment made by subsection (a) shall apply 
to taxable years beginning after the date of the enactment of this Act.

SEC. 1115. TREATMENT OF DUES PAID TO AGRICULTURAL OR HORTICULTURAL 
                    ORGANIZATIONS.

  (a) General Rule.--Section 512 (defining unrelated business taxable 
income) is amended by adding at the end thereof the following new 
subsection:
  ``(d) Treatment of Dues of Agricultural or Horticultural 
Organizations.--
          ``(1) In general.--If--
                  ``(A) an agricultural or horticultural organization 
                described in section 501(c)(5) requires annual dues to 
                be paid in order to be a member of such organization, 
                and
                  ``(B) the amount of such required annual dues does 
                not exceed $100,
        in no event shall any portion of such dues be treated as 
        derived by such organization from an unrelated trade or 
        business by reason of any benefits or privileges to which 
        members of such organization are entitled.
          ``(2) Indexation of $100 amount.--In the case of any taxable 
        year beginning in a calendar year after 1995, the $100 amount 
        in paragraph (1) shall be increased by an amount equal to--
                  ``(A) $100, multiplied by
                  ``(B) 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 
                1994' for `calendar year 1992' in subparagraph (B) 
                thereof.
          ``(3) Dues.--For purposes of this subsection, the term `dues' 
        includes any payment required to be made in order to be 
        recognized by the organization as a member of the 
        organization.''
  (b) Effective Date.--The amendment made by subsection (a) shall apply 
to taxable years beginning after December 31, 1994.

SEC. 1116. CLARIFICATION OF EMPLOYMENT TAX STATUS OF CERTAIN FISHERMEN; 
                    INFORMATION REPORTING.

  (a) Clarification of Employment Tax Status.--
          (1) Amendments of internal revenue code of 1986.--
                  (A) Determination of size of crew.--Subsection (b) of 
                section 3121 (defining employment) is amended by adding 
                at the end thereof the following new sentence:
``For purposes of paragraph (20), the operating crew of a boat shall be 
treated as normally made up of fewer than 10 individuals if the average 
size of the operating crew on trips made during the preceding 4 
calendar quarters consisted of fewer than 10 individuals.''
                  (B) Certain cash remuneration permitted.--
                Subparagraph (A) of section 3121(b)(20) is amended to 
                read as follows:
                  ``(A) such individual does not receive any cash 
                remuneration other than as provided in subparagraph (B) 
                and other than cash remuneration--
                          ``(i) which does not exceed $100 per trip;
                          ``(ii) which is contingent on a minimum 
                        catch; and
                          ``(iii) which is paid solely for additional 
                        duties (such as mate, engineer, or cook) for 
                        which additional cash remuneration is 
                        traditional in the industry,''.
                  (C) Conforming amendment.--Section 6050A(a) is 
                amended by striking ``and'' at the end of paragraph 
                (3), by striking the period at the end of paragraph (4) 
                and inserting ``; and'', and by adding at the end 
                thereof the following new paragraph:
          ``(5) any cash remuneration described in section 
        3121(b)(20)(A).''
          (2) Amendment of social security act.--
                  (A) Determination of size of crew.--Subsection (a) of 
                section 210 of the Social Security Act is amended by 
                adding at the end thereof the following new sentence:
``For purposes of paragraph (20), the operating crew of a boat shall be 
treated as normally made up of fewer than 10 individuals if the average 
size of the operating crew on trips made during the preceding 4 
calendar quarters consisted of fewer than 10 individuals.''
                  (B) Certain cash remuneration permitted.--
                Subparagraph (A) of section 210(a)(20) of such Act is 
                amended to read as follows:
                  ``(A) such individual does not receive any additional 
                compensation other than as provided in subparagraph (B) 
                and other than cash remuneration--
                          ``(i) which does not exceed $100 per trip;
                          ``(ii) which is contingent on a minimum 
                        catch; and
                          ``(iii) which is paid solely for additional 
                        duties (such as mate, engineer, or cook) for 
                        which additional cash remuneration is 
                        traditional in the industry,''.
          (3) Effective date.--
                  (A) In general.--The amendments made by this 
                subsection shall apply to remuneration paid after 
                December 31, 1996.
                  (B) Special rule.--The amendments made by this 
                subsection (other than paragraph (1)(C)) shall also 
                apply to remuneration paid after December 31, 1984, and 
                before January 1, 1997, unless the payor treated such 
                remuneration (when paid) as being subject to tax under 
                chapter 21 of the Internal Revenue Code of 1986.
  (b) Information Reporting.--
          (1) In general.--Subpart B of part III of subchapter A of 
        chapter 68 (relating to information concerning transactions 
        with other persons) is amended by adding at the end the 
        following new section:

``SEC. 6050Q. RETURNS RELATING TO CERTAIN PURCHASES OF FISH.

  ``(a) Requirement of Reporting.--Every person--
          ``(1) who is engaged in the trade or business of purchasing 
        fish for resale from any person engaged in the trade or 
        business of catching fish; and
          ``(2) who makes payments in cash in the course of such trade 
        or business to such a person of $600 or more during any 
        calendar year for the purchase of fish,
shall make a return (at such times as the Secretary may prescribe) 
described in subsection (b) with respect to each person to whom such a 
payment was made during such calendar year.
  ``(b) Return.--A return is described in this subsection if such 
return--
          ``(1) is in such form as the Secretary may prescribe, and
          ``(2) contains--
                  ``(A) the name, address, and TIN of each person to 
                whom a payment described in subsection (a)(2) was made 
                during the calendar year;
                  ``(B) the aggregate amount of such payments made to 
                such person during such calendar year and the date and 
                amount of each such payment, and
                  ``(C) such other information as the Secretary may 
                require.
  ``(c) Statement To Be Furnished With Respect to Whom Information Is 
Required.--Every person required to make a return under subsection (a) 
shall furnish to each person whose name is required to be set forth in 
such return a written statement showing--
          ``(1) the name and address of the person required to make 
        such a return, and
          ``(2) the aggregate amount of payments to the person required 
        to be shown on the return.
The written statement required under the preceding sentence shall be 
furnished to the person on or before January 31 of the year following 
the calendar year for which the return under subsection (a) is required 
to be made.
  ``(d) Definitions.--For purposes of this section:
          ``(1) Cash.--The term `cash' has the meaning given such term 
        by section 6050I(d).
          ``(2) Fish.--The term `fish' includes other forms of aquatic 
        life.''.
          (2) Technical amendments.--
                  (A) Subparagraph (A) of section 6724(d)(1) is amended 
                by striking ``or'' at the end of clause (vi), by 
                striking ``and'' at the end of clause (vii) and 
                inserting ``or'', and by adding at the end the 
                following new clause:
                          ``(viii) section 6050Q (relating to returns 
                        relating to certain purchases of fish), and''.
                  (B) Paragraph (2) of section 6724(d) is amended by 
                redesignating subparagraphs (Q) through (T) as 
                subparagraphs (R) through (U), respectively, and by 
                inserting after subparagraph (P) the following new 
                subparagraph:
                  ``(Q) section 6050Q(c) (relating to returns relating 
                to certain purchases of fish),''.
                  (C) The table of sections for subpart B of part III 
                of subchapter A of chapter 68 is amended by adding at 
                the end the following new item:

                              ``Sec. 6050Q. Returns relating to certain 
                                        purchases of fish.''.

          (3) Effective date.--The amendments made by this subsection 
        shall apply to payments made after December 31, 1996.

          Subtitle B--Extension of Certain Expiring Provisions

SEC. 1201. WORK OPPORTUNITY TAX CREDIT.

  (a) Amount of Credit.--Subsection (a) of section 51 (relating to 
amount of credit) is amended by striking ``40 percent'' and inserting 
``35 percent''.
  (b) Members of Targeted Groups.--Subsection (d) of section 51 is 
amended to read as follows:
  ``(d) Members of Targeted Groups.--For purposes of this subpart--
          ``(1) In general.--An individual is a member of a targeted 
        group if such individual is--
                  ``(A) a qualified IV-A recipient,
                  ``(B) a qualified veteran,
                  ``(C) a qualified ex-felon,
                  ``(D) a high-risk youth,
                  ``(E) a vocational rehabilitation referral, or
                  ``(F) a qualified summer youth employee.
          ``(2) Qualified IV-A recipient.--
                  ``(A) In general.--The term `qualified IV-A 
                recipient' means any individual who is certified by the 
                designated local agency as being a member of a family 
                receiving assistance under a IV-A program for at least 
                a 9-month period ending during the 9-month period 
                ending on the hiring date.
                  ``(B) IV-A program.--For purposes of this paragraph, 
                the term `IV-A program' means any program providing 
                assistance under a State plan approved under part A of 
                title IV of the Social Security Act (relating to 
                assistance for needy families with minor children) and 
                any successor of such program.
          ``(3) Qualified veteran.--
                  ``(A) In general.--The term `qualified veteran' means 
                any veteran who is certified by the designated local 
                agency as being--
                          ``(i) a member of a family receiving 
                        assistance under a IV-A program (as defined in 
                        paragraph (2)(B)) for at least a 9-month period 
                        ending during the 12-month period ending on the 
                        hiring date, or
                          ``(ii) a member of a family receiving 
                        assistance under a food stamp program under the 
                        Food Stamp Act of 1977 for at least a 3-month 
                        period ending during the 12-month period ending 
                        on the hiring date.
                  ``(B) Veteran.--For purposes of subparagraph (A), the 
                term `veteran' means any individual who is certified by 
                the designated local agency as--
                          ``(i)(I) having served on active duty (other 
                        than active duty for training) in the Armed 
                        Forces of the United States for a period of 
                        more than 180 days, or
                          ``(II) having been discharged or released 
                        from active duty in the Armed Forces of the 
                        United States for a service-connected 
                        disability, and
                          ``(ii) not having any day during the 60-day 
                        period ending on the hiring date which was a 
                        day of extended active duty in the Armed Forces 
                        of the United States.
                For purposes of clause (ii), the term `extended active 
                duty' means a period of more than 90 days during which 
                the individual was on active duty (other than active 
                duty for training).
          ``(4) Qualified ex-felon.--The term `qualified ex-felon' 
        means any individual who is certified by the designated local 
        agency--
                  ``(A) as having been convicted of a felony under any 
                statute of the United States or any State,
                  ``(B) as having a hiring date which is not more than 
                1 year after the last date on which such individual was 
                so convicted or was released from prison, and
                  ``(C) as being a member of a family which had an 
                income during the 6 months immediately preceding the 
                earlier of the month in which such income determination 
                occurs or the month in which the hiring date occurs, 
                which, on an annual basis, would be 70 percent or less 
                of the Bureau of Labor Statistics lower living 
                standard.
        Any determination under subparagraph (C) shall be valid for the 
        45-day period beginning on the date such determination is made.
          ``(5) High-risk youth.--
                  ``(A) In general.--The term `high-risk youth' means 
                any individual who is certified by the designated local 
                agency--
                          ``(i) as having attained age 18 but not age 
                        25 on the hiring date, and
                          ``(ii) as having his principal place of abode 
                        within an empowerment zone or enterprise 
                        community.
                  ``(B) Youth must continue to reside in zone.--In the 
                case of a high-risk youth, the term `qualified wages' 
                shall not include wages paid or incurred for services 
                performed while such youth's principal place of abode 
                is outside an empowerment zone or enterprise community.
          ``(6) Vocational rehabilitation referral.--The term 
        `vocational rehabilitation referral' means any individual who 
        is certified by the designated local agency as--
                  ``(A) having a physical or mental disability which, 
                for such individual, constitutes or results in a 
                substantial handicap to employment, and
                  ``(B) having been referred to the employer upon 
                completion of (or while receiving) rehabilitative 
                services pursuant to--
                          ``(i) an individualized written 
                        rehabilitation plan under a State plan for 
                        vocational rehabilitation services approved 
                        under the Rehabilitation Act of 1973, or
                          ``(ii) a program of vocational rehabilitation 
                        carried out under chapter 31 of title 38, 
                        United States Code.
          ``(7) Qualified summer youth employee.--
                  ``(A) In general.--The term `qualified summer youth 
                employee' means any individual--
                          ``(i) who performs services for the employer 
                        between May 1 and September 15,
                          ``(ii) who is certified by the designated 
                        local agency as having attained age 16 but not 
                        18 on the hiring date (or if later, on May 1 of 
                        the calendar year involved),
                          ``(iii) who has not been an employee of the 
                        employer during any period prior to the 90-day 
                        period described in subparagraph (B)(i), and
                          ``(iv) who is certified by the designated 
                        local agency as having his principal place of 
                        abode within an empowerment zone or enterprise 
                        community.
                  ``(B) Special rules for determining amount of 
                credit.--For purposes of applying this subpart to wages 
                paid or incurred to any qualified summer youth 
                employee--
                          ``(i) subsection (b)(2) shall be applied by 
                        substituting `any 90-day period between May 1 
                        and September 15' for `the 1-year period 
                        beginning with the day the individual begins 
                        work for the employer', and
                          ``(ii) subsection (b)(3) shall be applied by 
                        substituting `$3,000' for `$6,000'.
                The preceding sentence shall not apply to an individual 
                who, with respect to the same employer, is certified as 
                a member of another targeted group after such 
                individual has been a qualified summer youth employee.
                  ``(C) Youth must continue to reside in zone.--
                Paragraph (5)(B) shall apply for purposes of this 
                paragraph.
          ``(8) Hiring date.--The term `hiring date' means the day the 
        individual is hired by the employer.
          ``(9) Designated local agency.--The term `designated local 
        agency' means a State employment security agency established in 
        accordance with the Act of June 6, 1933, as amended (29 U.S.C. 
        49-49n).
          ``(10) Special rules for certifications.--
                  ``(A) In general.--An individual shall not be treated 
                as a member of a targeted group unless--
                          ``(i) on or before the day on which such 
                        individual begins work for the employer, the 
                        employer has received a certification from a 
                        designated local agency that such individual is 
                        a member of a targeted group, or
                          ``(ii)(I) on or before the day the individual 
                        is offered employment with the employer, a pre-
                        screening notice is completed by the employer 
                        with respect to such individual, and
                          ``(II) not later than the 14th day after the 
                        individual begins work for the employer, the 
                        employer submits such notice, signed by the 
                        employer and the individual under penalties of 
                        perjury, to the designated local agency as part 
                        of a written request for such a certification 
                        from such agency.
                For purposes of this paragraph, the term `pre-screening 
                notice' means a document (in such form as the Secretary 
                shall prescribe) which contains information provided by 
                the individual on the basis of which the employer 
                believes that the individual is a member of a targeted 
                group.
                  ``(B) Incorrect certifications.--If--
                          ``(i) an individual has been certified by a 
                        designated local agency as a member of a 
                        targeted group, and
                          ``(ii) such certification is incorrect 
                        because it was based on false information 
                        provided by such individual,
                the certification shall be revoked and wages paid by 
                the employer after the date on which notice of 
                revocation is received by the employer shall not be 
                treated as qualified wages.
                  ``(C) Explanation of denial of request.--If a 
                designated local agency denies a request for 
                certification of membership in a targeted group, such 
                agency shall provide to the person making such request 
                a written explanation of the reasons for such denial.''
  (c) Minimum Employment Period.--Paragraph (3) of section 51(i) 
(relating to certain individuals ineligible) is amended to read as 
follows:
          ``(3) Individuals not meeting minimum employment period.--No 
        wages shall be taken into account under subsection (a) with 
        respect to any individual unless such individual either--
                  ``(A) is employed by the employer at least 180 days 
                (20 days in the case of a qualified summer youth 
                employee), or
                  ``(B) has completed at least 500 hours (120 hours in 
                the case of a qualified summer youth employee) of 
                services performed for the employer.''
  (d) Termination.--Paragraph (4) of section 51(c) (relating to wages 
defined) is amended to read as follows:
          ``(4) Termination.--The term `wages' shall not include any 
        amount paid or incurred to an individual who begins work for 
        the employer--
                  ``(A) after December 31, 1994, and before July 1, 
                1996, or
                  ``(B) after June 30, 1997.''
  (e) Redesignation of Credit.--
          (1) Sections 38(b)(2) and 51(a) are each amended by striking 
        ``targeted jobs credit'' and inserting ``work opportunity 
        credit''.
          (2) The subpart heading for subpart F of part IV of 
        subchapter A of chapter 1 is amended by striking ``Targeted 
        Jobs Credit'' and inserting ``Work Opportunity Credit''.
          (3) The table of subparts for such part IV is amended by 
        striking ``targeted jobs credit'' and inserting ``work 
        opportunity credit''.
          (4) The heading for paragraph (3) of section 1396(c) is 
        amended by striking ``targeted jobs credit'' and inserting 
        ``work opportunity credit''.
  (f) Technical Amendment.--Paragraph (1) of section 51(c) is amended 
by striking ``, subsection (d)(8)(D),''.
  (g) Effective Date.--The amendments made by this section shall apply 
to individuals who begin work for the employer after June 30, 1996.

SEC. 1202. EMPLOYER-PROVIDED EDUCATIONAL ASSISTANCE PROGRAMS.

  (a) Extension.--Subsection (d) of section 127 (relating to 
educational assistance programs) is amended by striking ``December 31, 
1994'' and inserting ``December 31, 1996''.
  (b) Limitation to Education Below Graduate Level.--The last sentence 
of section 127(c)(1) is amended by inserting before the period ``or at 
the graduate level''.
  (c) Effective Dates.--
          (1) Extension.--The amendment made by subsection (a) shall 
        apply to taxable years beginning after December 31, 1994.
          (2) Limitation.--The amendment made by subsection (b) shall 
        apply to taxable years beginning after December 31, 1995.
          (3) Expedited procedures.--The Secretary of the Treasury 
        shall establish expedited procedures for the refund of any 
        overpayment of taxes imposed by chapter 24 of the Internal 
        Revenue Code of 1986 which is attributable to amounts excluded 
        from gross income during 1995 or 1996 under section 127 of such 
        Code, including procedures waiving the requirement that an 
        employer obtain an employee's signature where the employer 
        demonstrates to the satisfaction of the Secretary that any 
        refund collected by the employer on behalf of the employee will 
        be paid to the employee.

SEC. 1203. FUTA EXEMPTION FOR ALIEN AGRICULTURAL WORKERS.

  (a) In General.--Subparagraph (B) of section 3306(c)(1) (defining 
employment) is amended by striking ``before January 1, 1995,''.
  (b) Effective Date.--The amendment made by subsection (a) shall apply 
to services performed after December 31, 1994.

           Subtitle C--Provisions Relating to S Corporations

SEC. 1301. S CORPORATIONS PERMITTED TO HAVE 75 SHAREHOLDERS.

  Subparagraph (A) of section 1361(b)(1) (defining small business 
corporation) is amended by striking ``35 shareholders'' and inserting 
``75 shareholders''.

SEC. 1302. ELECTING SMALL BUSINESS TRUSTS.

  (a) General Rule.--Subparagraph (A) of section 1361(c)(2) (relating 
to certain trusts permitted as shareholders) is amended by inserting 
after clause (iv) the following new clause:
                          ``(v) An electing small business trust.''
  (b) Current Beneficiaries Treated as Shareholders.--Subparagraph (B) 
of section 1361(c)(2) is amended by adding at the end the following new 
clause:
                          ``(v) In the case of a trust described in 
                        clause (v) of subparagraph (A), each potential 
                        current beneficiary of such trust shall be 
                        treated as a shareholder; except that, if for 
                        any period there is no potential current 
                        beneficiary of such trust, such trust shall be 
                        treated as the shareholder during such 
                        period.''
  (c) Electing Small Business Trust Defined.--Section 1361 (defining S 
corporation) is amended by adding at the end the following new 
subsection:
  ``(e) Electing Small Business Trust Defined.--
          ``(1) Electing small business trust.--For purposes of this 
        section--
                  ``(A) In general.--Except as provided in subparagraph 
                (B), the term `electing small business trust' means any 
                trust if--
                          ``(i) such trust does not have as a 
                        beneficiary any person other than (I) an 
                        individual, (II) an estate, or (III) an 
                        organization described in paragraph (2), (3), 
                        (4), or (5) of section 170(c) which holds a 
                        contingent interest and is not a potential 
                        current beneficiary,
                          ``(ii) no interest in such trust was acquired 
                        by purchase, and
                          ``(iii) an election under this subsection 
                        applies to such trust.
                  ``(B) Certain trusts not eligible.--The term 
                `electing small business trust' shall not include--
                          ``(i) any qualified subchapter S trust (as 
                        defined in subsection (d)(3)) if an election 
                        under subsection (d)(2) applies to any 
                        corporation the stock of which is held by such 
                        trust, and
                          ``(ii) any trust exempt from tax under this 
                        subtitle.
                  ``(C) Purchase.--For purposes of subparagraph (A), 
                the term `purchase' means any acquisition if the basis 
                of the property acquired is determined under section 
                1012.
          ``(2) Potential current beneficiary.--For purposes of this 
        section, the term `potential current beneficiary' means, with 
        respect to any period, any person who at any time during such 
        period is entitled to, or at the discretion of any person may 
        receive, a distribution from the principal or income of the 
        trust. If a trust disposes of all of the stock which it holds 
        in an S corporation, then, with respect to such corporation, 
        the term `potential current beneficiary' does not include any 
        person who first met the requirements of the preceding sentence 
        during the 60-day period ending on the date of such 
        disposition.
          ``(3) Election.--An election under this subsection shall be 
        made by the trustee. Any such election shall apply to the 
        taxable year of the trust for which made and all subsequent 
        taxable years of such trust unless revoked with the consent of 
        the Secretary.
          ``(4) Cross reference.--

                  ``For special treatment of electing small business 
trusts, see section 641(d).''

  (d) Taxation of Electing Small Business Trusts.--Section 641 
(relating to imposition of tax on trusts) is amended by adding at the 
end the following new subsection:
  ``(d) Special Rules for Taxation of Electing Small Business Trusts.--
          ``(1) In general.--For purposes of this chapter--
                  ``(A) the portion of any electing small business 
                trust which consists of stock in 1 or more S 
                corporations shall be treated as a separate trust, and
                  ``(B) the amount of the tax imposed by this chapter 
                on such separate trust shall be determined with the 
                modifications of paragraph (2).
          ``(2) Modifications.--For purposes of paragraph (1), the 
        modifications of this paragraph are the following:
                  ``(A) Except as provided in section 1(h), the amount 
                of the tax imposed by section 1(e) shall be determined 
                by using the highest rate of tax set forth in section 
                1(e).
                  ``(B) The exemption amount under section 55(d) shall 
                be zero.
                  ``(C) The only items of income, loss, deduction, or 
                credit to be taken into account are the following:
                          ``(i) The items required to be taken into 
                        account under section 1366.
                          ``(ii) Any gain or loss from the disposition 
                        of stock in an S corporation.
                          ``(iii) To the extent provided in 
                        regulations, State or local income taxes or 
                        administrative expenses to the extent allocable 
                        to items described in clauses (i) and (ii).
                No deduction or credit shall be allowed for any amount 
                not described in this paragraph, and no item described 
                in this paragraph shall be apportioned to any 
                beneficiary.
                  ``(D) No amount shall be allowed under paragraph (1) 
                or (2) of section 1211(b).
          ``(3) Treatment of remainder of trust and distributions.--For 
        purposes of determining--
                  ``(A) the amount of the tax imposed by this chapter 
                on the portion of any electing small business trust not 
                treated as a separate trust under paragraph (1), and
                  ``(B) the distributable net income of the entire 
                trust,
        the items referred to in paragraph (2)(C) shall be excluded. 
        Except as provided in the preceding sentence, this subsection 
        shall not affect the taxation of any distribution from the 
        trust.
          ``(4) Treatment of unused deductions where termination of 
        separate trust.--If a portion of an electing small business 
        trust ceases to be treated as a separate trust under paragraph 
        (1), any carryover or excess deduction of the separate trust 
        which is referred to in section 642(h) shall be taken into 
        account by the entire trust.
          ``(5) Electing small business trust.--For purposes of this 
        subsection, the term `electing small business trust' has the 
        meaning given such term by section 1361(e)(1).''
  (e) Technical Amendment.--Paragraph (1) of section 1366(a) is amended 
by inserting ``, or of a trust or estate which terminates,'' after 
``who dies''.

SEC. 1303. EXPANSION OF POST-DEATH QUALIFICATION FOR CERTAIN TRUSTS.

  Subparagraph (A) of section 1361(c)(2) (relating to certain trusts 
permitted as shareholders) is amended--
          (1) by striking ``60-day period'' each place it appears in 
        clauses (ii) and (iii) and inserting ``2-year period'', and
          (2) by striking the last sentence in clause (ii).

SEC. 1304. FINANCIAL INSTITUTIONS PERMITTED TO HOLD SAFE HARBOR DEBT.

  Clause (iii) of section 1361(c)(5)(B) (defining straight debt) is 
amended by striking ``or a trust described in paragraph (2)'' and 
inserting ``a trust described in paragraph (2), or a person which is 
actively and regularly engaged in the business of lending money''.

SEC. 1305. RULES RELATING TO INADVERTENT TERMINATIONS AND INVALID 
                    ELECTIONS.

  (a) General Rule.--Subsection (f) of section 1362 (relating to 
inadvertent terminations) is amended to read as follows:
  ``(f) Inadvertent Invalid Elections or Terminations.--If--
          ``(1) an election under subsection (a) by any corporation--
                  ``(A) was not effective for the taxable year for 
                which made (determined without regard to subsection 
                (b)(2)) by reason of a failure to meet the requirements 
                of section 1361(b) or to obtain shareholder consents, 
                or
                  ``(B) was terminated under paragraph (2) or (3) of 
                subsection (d),
          ``(2) the Secretary determines that the circumstances 
        resulting in such ineffectiveness or termination were 
        inadvertent,
          ``(3) no later than a reasonable period of time after 
        discovery of the circumstances resulting in such 
        ineffectiveness or termination, steps were taken--
                  ``(A) so that the corporation is a small business 
                corporation, or
                  ``(B) to acquire the required shareholder consents, 
                and
          ``(4) the corporation, and each person who was a shareholder 
        in the corporation at any time during the period specified 
        pursuant to this subsection, agrees to make such adjustments 
        (consistent with the treatment of the corporation as an S 
        corporation) as may be required by the Secretary with respect 
        to such period,
then, notwithstanding the circumstances resulting in such 
ineffectiveness or termination, such corporation shall be treated as an 
S corporation during the period specified by the Secretary.''
  (b) Late Elections, Etc.--Subsection (b) of section 1362 is amended 
by adding at the end the following new paragraph:
          ``(5) Authority to treat late elections, etc., as timely.--
        If--
                  ``(A) an election under subsection (a) is made for 
                any taxable year (determined without regard to 
                paragraph (3)) after the date prescribed by this 
                subsection for making such election for such taxable 
                year or no such election is made for any taxable year, 
                and
                  ``(B) the Secretary determines that there was 
                reasonable cause for the failure to timely make such 
                election,
        the Secretary may treat such an election as timely made for 
        such taxable year (and paragraph (3) shall not apply).''
  (c) Effective Date.--The amendments made by subsection (a) and (b) 
shall apply with respect to elections for taxable years beginning after 
December 31, 1982.

SEC. 1306. AGREEMENT TO TERMINATE YEAR.

  Paragraph (2) of section 1377(a) (relating to pro rata share) is 
amended to read as follows:
          ``(2) Election to terminate year.--
                  ``(A) In general.--Under regulations prescribed by 
                the Secretary, if any shareholder terminates the 
                shareholder's interest in the corporation during the 
                taxable year and all affected shareholders and the 
                corporation agree to the application of this paragraph, 
                paragraph (1) shall be applied to the affected 
                shareholders as if the taxable year consisted of 2 
                taxable years the first of which ends on the date of 
                the termination.
                  ``(B) Affected shareholders.--For purposes of 
                subparagraph (A), the term `affected shareholders' 
                means the shareholder whose interest is terminated and 
                all shareholders to whom such shareholder has 
                transferred shares during the taxable year. If such 
                shareholder has transferred shares to the corporation, 
                the term `affected shareholders' shall include all 
                persons who are shareholders during the taxable year.''

SEC. 1307. EXPANSION OF POST-TERMINATION TRANSITION PERIOD.

  (a) In General.--Paragraph (1) of section 1377(b) (relating to post-
termination transition period) is amended by striking ``and'' at the 
end of subparagraph (A), by redesignating subparagraph (B) as 
subparagraph (C), and by inserting after subparagraph (A) the following 
new subparagraph:
                  ``(B) the 120-day period beginning on the date of any 
                determination pursuant to an audit of the taxpayer 
                which follows the termination of the corporation's 
                election and which adjusts a subchapter S item of 
                income, loss, or deduction of the corporation arising 
                during the S period (as defined in section 1368(e)(2)), 
                and''.
  (b) Determination Defined.--Paragraph (2) of section 1377(b) is 
amended by striking subparagraphs (A) and (B), by redesignating 
subparagraph (C) as subparagraph (B), and by inserting before 
subparagraph (B) (as so redesignated) the following new subparagraph:
                  ``(A) a determination as defined in section 1313(a), 
                or''.
  (c) Repeal of Special Audit Provisions for Subchapter S Items.--
          (1) General rule.--Subchapter D of chapter 63 (relating to 
        tax treatment of subchapter S items) is hereby repealed.
          (2) Consistent treatment required.--Section 6037 (relating to 
        return of S corporation) is amended by adding at the end the 
        following new subsection:
  ``(c) Shareholder's Return Must Be Consistent With Corporate Return 
or Secretary Notified of Inconsistency.--
          ``(1) In general.--A shareholder of an S corporation shall, 
        on such shareholder's return, treat a subchapter S item in a 
        manner which is consistent with the treatment of such item on 
        the corporate return.
          ``(2) Notification of inconsistent treatment.--
                  ``(A) In general.--In the case of any subchapter S 
                item, if--
                          ``(i)(I) the corporation has filed a return 
                        but the shareholder's treatment on his return 
                        is (or may be) inconsistent with the treatment 
                        of the item on the corporate return, or
                          ``(II) the corporation has not filed a 
                        return, and
                          ``(ii) the shareholder files with the 
                        Secretary a statement identifying the 
                        inconsistency,
                paragraph (1) shall not apply to such item.
                  ``(B) Shareholder receiving incorrect information.--A 
                shareholder shall be treated as having complied with 
                clause (ii) of subparagraph (A) with respect to a 
                subchapter S item if the shareholder--
                          ``(i) demonstrates to the satisfaction of the 
                        Secretary that the treatment of the subchapter 
                        S item on the shareholder's return is 
                        consistent with the treatment of the item on 
                        the schedule furnished to the shareholder by 
                        the corporation, and
                          ``(ii) elects to have this paragraph apply 
                        with respect to that item.
          ``(3) Effect of failure to notify.--In any case--
                  ``(A) described in subparagraph (A)(i)(I) of 
                paragraph (2), and
                  ``(B) in which the shareholder does not comply with 
                subparagraph (A)(ii) of paragraph (2),
        any adjustment required to make the treatment of the items by 
        such shareholder consistent with the treatment of the items on 
        the corporate return shall be treated as arising out of 
        mathematical or clerical errors and assessed according to 
        section 6213(b)(1). Paragraph (2) of section 6213(b) shall not 
        apply to any assessment referred to in the preceding sentence.
          ``(4) Subchapter s item.--For purposes of this subsection, 
        the term `subchapter S item' means any item of an S corporation 
        to the extent that regulations prescribed by the Secretary 
        provide that, for purposes of this subtitle, such item is more 
        appropriately determined at the corporation level than at the 
        shareholder level.
          ``(5) Addition to tax for failure to comply with section.--

                  ``For addition to tax in the case of a shareholder's 
negligence in connection with, or disregard of, the requirements of 
this section, see part II of subchapter A of chapter 68.''

          (3) Conforming amendments.--
                  (A) Section 1366 is amended by striking subsection 
                (g).
                  (B) Subsection (b) of section 6233 is amended to read 
                as follows:
  ``(b) Similar Rules in Certain Cases.--If a partnership return is 
filed for any taxable year but it is determined that there is no entity 
for such taxable year, to the extent provided in regulations, rules 
similar to the rules of subsection (a) shall apply.''
                  (C) The table of subchapters for chapter 63 is 
                amended by striking the item relating to subchapter D.

SEC. 1308. S CORPORATIONS PERMITTED TO HOLD SUBSIDIARIES.

  (a) In General.--Paragraph (2) of section 1361(b) (defining 
ineligible corporation) is amended by striking subparagraph (A) and by 
redesignating subparagraphs (B), (C), (D), and (E) as subparagraphs 
(A), (B), (C), and (D), respectively.
  (b) Treatment of Certain Wholly Owned S Corporation Subsidiaries.--
Section 1361(b) (defining small business corporation) is amended by 
adding at the end the following new paragraph:
          ``(3) Treatment of certain wholly owned subsidiaries.--
                  ``(A) In general.--For purposes of this title--
                          ``(i) a corporation which is a qualified 
                        subchapter S subsidiary shall not be treated as 
                        a separate corporation, and
                          ``(ii) all assets, liabilities, and items of 
                        income, deduction, and credit of a qualified 
                        subchapter S subsidiary shall be treated as 
                        assets, liabilities, and such items (as the 
                        case may be) of the S corporation.
                  ``(B) Qualified subchapter s subsidiary.--For 
                purposes of this paragraph, the term `qualified 
                subchapter S subsidiary' means any domestic corporation 
                which is not an ineligible corporation (as defined in 
                paragraph (2)), if--
                          ``(i) 100 percent of the stock of such 
                        corporation is held by the S corporation, and
                          ``(ii) the S corporation elects to treat such 
                        corporation as a qualified subchapter S 
                        subsidiary.
                  ``(C) Treatment of terminations of qualified 
                subchapter s subsidiary status.--For purposes of this 
                title, if any corporation which was a qualified 
                subchapter S subsidiary ceases to meet the requirements 
                of subparagraph (B), such corporation shall be treated 
                as a new corporation acquiring all of its assets (and 
                assuming all of its liabilities) immediately before 
                such cessation from the S corporation in exchange for 
                its stock.''
  (c) Certain Dividends Not Treated as Passive Investment Income.--
Paragraph (3) of section 1362(d) is amended by adding at the end the 
following new subparagraph:
                  ``(F) Treatment of certain dividends.--If an S 
                corporation holds stock in a C corporation meeting the 
                requirements of section 1504(a)(2), the term `passive 
                investment income' shall not include dividends from 
                such C corporation to the extent such dividends are 
                attributable to the earnings and profits of such C 
                corporation derived from the active conduct of a trade 
                or business.''
  (d) Conforming Amendments.--
          (1) Subsection (c) of section 1361 is amended by striking 
        paragraph (6).
          (2) Subsection (b) of section 1504 (defining includible 
        corporation) is amended by adding at the end the following new 
        paragraph:
          ``(8) An S corporation.''

SEC. 1309. TREATMENT OF DISTRIBUTIONS DURING LOSS YEARS.

  (a) Adjustments for Distributions Taken Into Account Before Losses.--
          (1) Subparagraph (A) of section 1366(d)(1) (relating to 
        losses and deductions cannot exceed shareholder's basis in 
        stock and debt) is amended by striking ``paragraph (1)'' and 
        inserting ``paragraphs (1) and (2)(A)''.
          (2) Subsection (d) of section 1368 (relating to certain 
        adjustments taken into account) is amended by adding at the end 
        the following new sentence:
``In the case of any distribution made during any taxable year, the 
adjusted basis of the stock shall be determined with regard to the 
adjustments provided in paragraph (1) of section 1367(a) for the 
taxable year.''
  (b) Accumulated Adjustments Account.--Paragraph (1) of section 
1368(e) (relating to accumulated adjustments account) is amended by 
adding at the end the following new subparagraph:
          ``(C) Net loss for year disregarded.--
                  ``(i) In general.--In applying this section to 
                distributions made during any taxable year, the amount 
                in the accumulated adjustments account as of the close 
                of such taxable year shall be determined without regard 
                to any net negative adjustment for such taxable year.
                  ``(ii) Net negative adjustment.--For purposes of 
                clause (i), the term `net negative adjustment' means, 
                with respect to any taxable year, the excess (if any) 
                of--
                          ``(I) the reductions in the account for the 
                        taxable year (other than for distributions), 
                        over
                          ``(II) the increases in such account for such 
                        taxable year.''
  (c) Conforming Amendments.--Subparagraph (A) of section 1368(e)(1) is 
amended--
          (1) by striking ``as provided in subparagraph (B)'' and 
        inserting ``as otherwise provided in this paragraph'', and
          (2) by striking ``section 1367(b)(2)(A)'' and inserting 
        ``section 1367(a)(2)''.

SEC. 1310. TREATMENT OF S CORPORATIONS UNDER SUBCHAPTER C.

  Subsection (a) of section 1371 (relating to application of subchapter 
C rules) is amended to read as follows:
  ``(a) Application of Subchapter C Rules.--Except as otherwise 
provided in this title, and except to the extent inconsistent with this 
subchapter, subchapter C shall apply to an S corporation and its 
shareholders.''

SEC. 1311. ELIMINATION OF CERTAIN EARNINGS AND PROFITS.

  (a) In General.--If--
          (1) a corporation was an electing small business corporation 
        under subchapter S of chapter 1 of the Internal Revenue Code of 
        1986 for any taxable year beginning before January 1, 1983, and
          (2) such corporation is an S corporation under subchapter S 
        of chapter 1 of such Code for its first taxable year beginning 
        after December 31, 1996,
the amount of such corporation's accumulated earnings and profits (as 
of the beginning of such first taxable year) shall be reduced by an 
amount equal to the portion (if any) of such accumulated earnings and 
profits which were accumulated in any taxable year beginning before 
January 1, 1983, for which such corporation was an electing small 
business corporation under such subchapter S.
  (b) Conforming Amendments.--
          (1) Paragraph (3) of section 1362(d), as amended by section 
        1308, is amended--
                  (A) by striking ``subchapter c'' in the paragraph 
                heading and inserting ``accumulated'',
                  (B) by striking ``subchapter C'' in subparagraph 
                (A)(i)(I) and inserting ``accumulated'', and
                  (C) by striking subparagraph (B) and redesignating 
                the following subparagraphs accordingly.
          (2)(A) Subsection (a) of section 1375 is amended by striking 
        ``subchapter C'' in paragraph (1) and inserting 
        ``accumulated''.
          (B) Paragraph (3) of section 1375(b) is amended to read as 
        follows:
          ``(3) Passive investment income, etc.--The terms `passive 
        investment income' and `gross receipts' have the same 
        respective meanings as when used in paragraph (3) of section 
        1362(d).''
          (C) The section heading for section 1375 is amended by 
        striking ``subchapter c'' and inserting 
        ``accumulated''.
          (D) The table of sections for part III of subchapter S of 
        chapter 1 is amended by striking ``subchapter C'' in the item 
        relating to section 1375 and inserting ``accumulated''.
          (3) Clause (i) of section 1042(c)(4)(A) is amended by 
        striking ``section 1362(d)(3)(D)'' and inserting ``section 
        1362(d)(3)(C)''.

SEC. 1312. CARRYOVER OF DISALLOWED LOSSES AND DEDUCTIONS UNDER AT-RISK 
                    RULES ALLOWED.

  Paragraph (3) of section 1366(d) (relating to carryover of disallowed 
losses and deductions to post-termination transition period) is amended 
by adding at the end the following new subparagraph:
                  ``(D) At-risk limitations.--To the extent that any 
                increase in adjusted basis described in subparagraph 
                (B) would have increased the shareholder's amount at 
                risk under section 465 if such increase had occurred on 
                the day preceding the commencement of the post-
                termination transition period, rules similar to the 
                rules described in subparagraphs (A) through (C) shall 
                apply to any losses disallowed by reason of section 
                465(a).''

SEC. 1313. ADJUSTMENTS TO BASIS OF INHERITED S STOCK TO REFLECT CERTAIN 
                    ITEMS OF INCOME.

  (a) In General.--Subsection (b) of section 1367 (relating to 
adjustments to basis of stock of shareholders, etc.) is amended by 
adding at the end the following new paragraph:
          ``(4) Adjustments in case of inherited stock.--
                  ``(A) In general.--If any person acquires stock in an 
                S corporation by reason of the death of a decedent or 
                by bequest, devise, or inheritance, section 691 shall 
                be applied with respect to any item of income of the S 
                corporation in the same manner as if the decedent had 
                held directly his pro rata share of such item.
                  ``(B) Adjustments to basis.--The basis determined 
                under section 1014 of any stock in an S corporation 
                shall be reduced by the portion of the value of the 
                stock which is attributable to items constituting 
                income in respect of the decedent.''
  (b) Effective Date.--The amendment made by subsection (a) shall apply 
in the case of decedents dying after the date of the enactment of this 
Act.

SEC. 1314. S CORPORATIONS ELIGIBLE FOR RULES APPLICABLE TO REAL 
                    PROPERTY SUBDIVIDED FOR SALE BY NONCORPORATE 
                    TAXPAYERS.

  (a) In General.--Subsection (a) of section 1237 (relating to real 
property subdivided for sale) is amended by striking ``other than a 
corporation'' in the material preceding paragraph (1) and inserting 
``other than a C corporation''.
  (b) Conforming Amendment.--Subparagraph (A) of section 1237(a)(2) is 
amended by inserting ``an S corporation which included the taxpayer as 
a shareholder,'' after ``controlled by the taxpayer,''.

SEC. 1315. EFFECTIVE DATE.

  (a) In General.--Except as otherwise provided in this subtitle, the 
amendments made by this subtitle shall apply to taxable years beginning 
after December 31, 1996.
  (b) Treatment of Certain Elections Under Prior Law.--For purposes of 
section 1362(g) of the Internal Revenue Code of 1986 (relating to 
election after termination), any termination under section 1362(d) of 
such Code in a taxable year beginning before January 1, 1997, shall not 
be taken into account.

                   Subtitle D--Pension Simplification

                CHAPTER 1--SIMPLIFIED DISTRIBUTION RULES

SEC. 1401. REPEAL OF 5-YEAR INCOME AVERAGING FOR LUMP-SUM 
                    DISTRIBUTIONS.

  (a) In General.--Subsection (d) of section 402 (relating to 
taxability of beneficiary of employees' trust) is amended to read as 
follows:
  ``(d) Taxability of Beneficiary of Certain Foreign Situs Trusts.--For 
purposes of subsections (a), (b), and (c), a stock bonus, pension, or 
profit-sharing trust which would qualify for exemption from tax under 
section 501(a) except for the fact that it is a trust created or 
organized outside the United States shall be treated as if it were a 
trust exempt from tax under section 501(a).''
  (b) Conforming Amendments.--
          (1) Subparagraph (D) of section 402(e)(4) (relating to other 
        rules applicable to exempt trusts) is amended to read as 
        follows:
                  ``(D) Lump-sum distribution.--For purposes of this 
                paragraph--
                          ``(i) In general.--The term `lump sum 
                        distribution' means the distribution or payment 
                        within one taxable year of the recipient of the 
                        balance to the credit of an employee which 
                        becomes payable to the recipient--
                                  ``(I) on account of the employee's 
                                death,
                                  ``(II) after the employee attains age 
                                59\1/2\,
                                  ``(III) on account of the employee's 
                                separation from service, or
                                  ``(IV) after the employee has become 
                                disabled (within the meaning of section 
                                72(m)(7)),
                        from a trust which forms a part of a plan 
                        described in section 401(a) and which is exempt 
                        from tax under section 501 or from a plan 
                        described in section 403(a). Subclause (III) of 
                        this clause shall be applied only with respect 
                        to an individual who is an employee without 
                        regard to section 401(c)(1), and subclause (IV) 
                        shall be applied only with respect to an 
                        employee within the meaning of section 
                        401(c)(1). For purposes of this clause, a 
                        distribution to two or more trusts shall be 
                        treated as a distribution to one recipient. For 
                        purposes of this paragraph, the balance to the 
                        credit of the employee does not include the 
                        accumulated deductible employee contributions 
                        under the plan (within the meaning of section 
                        72(o)(5)).
                          ``(ii) Aggregation of certain trusts and 
                        plans.--For purposes of determining the balance 
                        to the credit of an employee under clause (i)--
                                  ``(I) all trusts which are part of a 
                                plan shall be treated as a single 
                                trust, all pension plans maintained by 
                                the employer shall be treated as a 
                                single plan, all profit-sharing plans 
                                maintained by the employer shall be 
                                treated as a single plan, and all stock 
                                bonus plans maintained by the employer 
                                shall be treated as a single plan, and
                                  ``(II) trusts which are not qualified 
                                trusts under section 401(a) and annuity 
                                contracts which do not satisfy the 
                                requirements of section 404(a)(2) shall 
                                not be taken into account.
                          ``(iii) Community property laws.--The 
                        provisions of this paragraph shall be applied 
                        without regard to community property laws.
                          ``(iv) Amounts subject to penalty.--This 
                        paragraph shall not apply to amounts described 
                        in subparagraph (A) of section 72(m)(5) to the 
                        extent that section 72(m)(5) applies to such 
                        amounts.
                          ``(v) Balance to credit of employee not to 
                        include amounts payable under qualified 
                        domestic relations order.--For purposes of this 
                        paragraph, the balance to the credit of an 
                        employee shall not include any amount payable 
                        to an alternate payee under a qualified 
                        domestic relations order (within the meaning of 
                        section 414(p)).
                          ``(vi) Transfers to cost-of-living 
                        arrangement not treated as distribution.--For 
                        purposes of this paragraph, the balance to the 
                        credit of an employee under a defined 
                        contribution plan shall not include any amount 
                        transferred from such defined contribution plan 
                        to a qualified cost-of-living arrangement 
                        (within the meaning of section 415(k)(2)) under 
                        a defined benefit plan.
                          ``(vii) Lump-sum distributions of alternate 
                        payees.--If any distribution or payment of the 
                        balance to the credit of an employee would be 
                        treated as a lump-sum distribution, then, for 
                        purposes of this paragraph, the payment under a 
                        qualified domestic relations order (within the 
                        meaning of section 414(p)) of the balance to 
                        the credit of an alternate payee who is the 
                        spouse or former spouse of the employee shall 
                        be treated as a lump-sum distribution. For 
                        purposes of this clause, the balance to the 
                        credit of the alternate payee shall not include 
                        any amount payable to the employee.''
          (2) Section 402(c) (relating to rules applicable to rollovers 
        from exempt trusts) is amended by striking paragraph (10).
          (3) Paragraph (1) of section 55(c) (defining regular tax) is 
        amended by striking ``shall not include any tax imposed by 
        section 402(d) and''.
          (4) Paragraph (8) of section 62(a) (relating to certain 
        portion of lump-sum distributions from pension plans taxed 
        under section 402(d)) is hereby repealed.
          (5) Section 401(a)(28)(B) (relating to coordination with 
        distribution rules) is amended by striking clause (v).
          (6) Subparagraph (B)(ii) of section 401(k)(10) (relating to 
        distributions that must be lump-sum distributions) is amended 
        to read as follows:
                          ``(ii) Lump-sum distribution.--For purposes 
                        of this subparagraph, the term `lump-sum 
                        distribution' has the meaning given such term 
                        by section 402(e)(4)(D) (without regard to 
                        subclauses (I), (II), (III), and (IV) of clause 
                        (i) thereof).''
          (7) Section 406(c) (relating to termination of status as 
        deemed employee not to be treated as separation from service 
        for purposes of limitation of tax) is hereby repealed.
          (8) Section 407(c) (relating to termination of status as 
        deemed employee not to be treated as separation from service 
        for purposes of limitation of tax) is hereby repealed.
          (9) Section 691(c) (relating to deduction for estate tax) is 
        amended by striking paragraph (5).
          (10) Paragraph (1) of section 871(b) (relating to imposition 
        of tax) is amended by striking ``section 1, 55, or 402(d)(1)'' 
        and inserting ``section 1 or 55''.
          (11) Subsection (b) of section 877 (relating to alternative 
        tax) is amended by striking ``section 1, 55, or 402(d)(1)'' and 
        inserting ``section 1 or 55''.
          (12) Section 4980A(c)(4) is amended--
                  (A) by striking ``to which an election under section 
                402(d)(4)(B) applies'' and inserting ``(as defined in 
                section 402(e)(4)(D)) with respect to which the 
                individual elects to have this paragraph apply'',
                  (B) by adding at the end the following new flush 
                sentence:
        ``An individual may elect to have this paragraph apply to only 
        one lump-sum distribution.'', and
                  (C) by striking the heading and inserting:
          ``(4) Special one-time election.--''.
          (13) Section 402(e) is amended by striking paragraph (5).
  (c) Effective Dates.--
          (1) In general.--The amendments made by this section shall 
        apply to taxable years beginning after December 31, 1998.
          (2) Retention of certain transition rules.--Notwithstanding 
        any other provision of this section, the amendments made by 
        this section shall not apply to any distribution for which the 
        taxpayer elects the benefits of section 1122 (h)(3) or (h)(5) 
        of the Tax Reform Act of 1986. For purposes of the preceding 
        sentence, the rules of sections 402(c)(10) and 402(d) of the 
        Internal Revenue Code of 1986 (as in effect before the 
        amendments made by this Act) shall apply.

SEC. 1402. REPEAL OF $5,000 EXCLUSION OF EMPLOYEES' DEATH BENEFITS.

  (a) In General.--Subsection (b) of section 101 is hereby repealed.
  (b) Conforming Amendments.--
          (1) Subsection (c) of section 101 is amended by striking 
        ``subsection (a) or (b)'' and inserting ``subsection (a)''.
          (2) Sections 406(e) and 407(e) are each amended by striking 
        paragraph (2) and by redesignating paragraph (3) as paragraph 
        (2).
          (3) Section 7701(a)(20) is amended by striking ``, for the 
        purpose of applying the provisions of section 101(b) with 
        respect to employees' death benefits''.
  (c) Effective Date.--The amendments made by this section shall apply 
with respect to decedents dying after the date of the enactment of this 
Act.

SEC. 1403. SIMPLIFIED METHOD FOR TAXING ANNUITY DISTRIBUTIONS UNDER 
                    CERTAIN EMPLOYER PLANS.

  (a) General Rule.--Subsection (d) of section 72 (relating to 
annuities; certain proceeds of endowment and life insurance contracts) 
is amended to read as follows:
  ``(d) Special Rules for Qualified Employer Retirement Plans.--
          ``(1) Simplified method of taxing annuity payments.--
                  ``(A) In general.--In the case of any amount received 
                as an annuity under a qualified employer retirement 
                plan--
                          ``(i) subsection (b) shall not apply, and
                          ``(ii) the investment in the contract shall 
                        be recovered as provided in this paragraph.
                  ``(B) Method of recovering investment in contract.--
                          ``(i) In general.--Gross income shall not 
                        include so much of any monthly annuity payment 
                        under a qualified employer retirement plan as 
                        does not exceed the amount obtained by 
                        dividing--
                                  ``(I) the investment in the contract 
                                (as of the annuity starting date), by
                                  ``(II) the number of anticipated 
                                payments determined under the table 
                                contained in clause (iii) (or, in the 
                                case of a contract to which subsection 
                                (c)(3)(B) applies, the number of 
                                monthly annuity payments under such 
                                contract).
                          ``(ii) Certain rules made applicable.--Rules 
                        similar to the rules of paragraphs (2) and (3) 
                        of subsection (b) shall apply for purposes of 
                        this paragraph.
                          ``(iii) Number of anticipated payments.--


                     ``If the age of the
                                                                       
                       primary annuitant on
                                                             The number
                       the annuity starting
                                                         of anticipated
                       date is:
                                                           payments is:
                             Not more than 55........              360 
                             More than 55 but not                  310 
                            more than 60.
                             More than 60 but not                  260 
                            more than 65.
                             More than 65 but not                  210 
                            more than 70.
                             More than 70............              160.

                  ``(C) Adjustment for refund feature not applicable.--
                For purposes of this paragraph, investment in the 
                contract shall be determined under subsection (c)(1) 
                without regard to subsection (c)(2).
                  ``(D) Special rule where lump sum paid in connection 
                with commencement of annuity payments.--If, in 
                connection with the commencement of annuity payments 
                under any qualified employer retirement plan, the 
                taxpayer receives a lump sum payment--
                          ``(i) such payment shall be taxable under 
                        subsection (e) as if received before the 
                        annuity starting date, and
                          ``(ii) the investment in the contract for 
                        purposes of this paragraph shall be determined 
                        as if such payment had been so received.
                  ``(E) Exception.--This paragraph shall not apply in 
                any case where the primary annuitant has attained age 
                75 on the annuity starting date unless there are fewer 
                than 5 years of guaranteed payments under the annuity.
                  ``(F) Adjustment where annuity payments not on 
                monthly basis.--In any case where the annuity payments 
                are not made on a monthly basis, appropriate 
                adjustments in the application of this paragraph shall 
                be made to take into account the period on the basis of 
                which such payments are made.
                  ``(G) Qualified employer retirement plan.--For 
                purposes of this paragraph, the term `qualified 
                employer retirement plan' means any plan or contract 
                described in paragraph (1), (2), or (3) of section 
                4974(c).
          ``(2) Treatment of employee contributions under defined 
        contribution plans.--For purposes of this section, employee 
        contributions (and any income allocable thereto) under a 
        defined contribution plan may be treated as a separate 
        contract.''
  (b) Effective Date.--The amendment made by this section shall apply 
in cases where the annuity starting date is after the 90th day after 
the date of the enactment of this Act.

SEC. 1404. REQUIRED DISTRIBUTIONS.

  (a) In General.--Section 401(a)(9)(C) (defining required beginning 
date) is amended to read as follows:
                  ``(C) Required beginning date.--For purposes of this 
                paragraph--
                          ``(i) In general.--The term `required 
                        beginning date' means April 1 of the calendar 
                        year following the later of--
                                  ``(I) the calendar year in which the 
                                employee attains age 70\1/2\, or
                                  ``(II) the calendar year in which the 
                                employee retires.
                          ``(ii) Exception.--Subclause (II) of clause 
                        (i) shall not apply--
                                  ``(I) except as provided in section 
                                409(d), in the case of an employee who 
                                is a 5-percent owner (as defined in 
                                section 416) with respect to the plan 
                                year ending in the calendar year in 
                                which the employee attains age 70\1/2\, 
                                or
                                  ``(II) for purposes of section 408 
                                (a)(6) or (b)(3).
                          ``(iii) Actuarial adjustment.--In the case of 
                        an employee to whom clause (i)(II) applies who 
                        retires in a calendar year after the calendar 
                        year in which the employee attains age 70\1/2\, 
                        the employee's accrued benefit shall be 
                        actuarially increased to take into account the 
                        period after age 70\1/2\ in which the employee 
                        was not receiving any benefits under the plan.
                          ``(iv) Exception for governmental and church 
                        plans.--Clauses (ii) and (iii) shall not apply 
                        in the case of a governmental plan or church 
                        plan. For purposes of this clause, the term 
                        `church plan' means a plan maintained by a 
                        church for church employees, and the term 
                        `church' means any church (as defined in 
                        section 3121(w)(3)(A)) or qualified church-
                        controlled organization (as defined in section 
                        3121(w)(3)(B)).''
  (b) Effective Date.--The amendment made by subsection (a) shall apply 
to years beginning after December 31, 1996.

              CHAPTER 2--INCREASED ACCESS TO PENSION PLANS

                   Subchapter A--Simple Savings Plans

SEC. 1421. ESTABLISHMENT OF SAVINGS INCENTIVE MATCH PLANS FOR EMPLOYEES 
                    OF SMALL EMPLOYERS.

  (a) In General.--Section 408 (relating to individual retirement 
accounts) is amended by redesignating subsection (p) as subsection (q) 
and by inserting after subsection (o) the following new subsection:
  ``(p) Simple Retirement Accounts.--
          ``(1) In general.--For purposes of this title, the term 
        `simple retirement account' means an individual retirement plan 
        (as defined in section 7701(a)(37))--
                  ``(A) with respect to which the requirements of 
                paragraphs (3), (4), and (5) are met; and
                  ``(B) with respect to which the only contributions 
                allowed are contributions under a qualified salary 
                reduction arrangement.
          ``(2) Qualified salary reduction arrangement.--
                  ``(A) In general.--For purposes of this subsection, 
                the term `qualified salary reduction arrangement' means 
                a written arrangement of an eligible employer under 
                which--
                          ``(i) an employee eligible to participate in 
                        the arrangement may elect to have the employer 
                        make payments--
                                  ``(I) as elective employer 
                                contributions to a simple retirement 
                                account on behalf of the employee, or
                                  ``(II) to the employee directly in 
                                cash,
                          ``(ii) the amount which an employee may elect 
                        under clause (i) for any year is required to be 
                        expressed as a percentage of compensation and 
                        may not exceed a total of $6,000 for any year,
                          ``(iii) the employer is required to make a 
                        matching contribution to the simple retirement 
                        account for any year in an amount equal to so 
                        much of the amount the employee elects under 
                        clause (i)(I) as does not exceed the applicable 
                        percentage of compensation for the year, and
                          ``(iv) no contributions may be made other 
                        than contributions described in clause (i) or 
                        (iii).
                  ``(B) Employer may elect 2-percent nonelective 
                contribution.--An employer shall be treated as meeting 
                the requirements of subparagraph (A)(iii) for any year 
                if, in lieu of the contributions described in such 
                clause, the employer elects to make nonelective 
                contributions of 2 percent of compensation for each 
                employee who is eligible to participate in the 
                arrangement and who has at least $5,000 of compensation 
                from the employer for the year. If an employer makes an 
                election under this subparagraph for any year, the 
                employer shall notify employees of such election within 
                a reasonable period of time before the 30-day period 
                for such year under paragraph (5)(C).
                  ``(C) Definitions.--For purposes of this subsection--
                          ``(i) Eligible employer.--The term `eligible 
                        employer' means an employer who employs 100 or 
                        fewer employees on any day during the year.
                          ``(ii) Applicable percentage.--
                                  ``(I) In general.--The term 
                                `applicable percentage' means 3 
                                percent.
                                  ``(II) Election of lower 
                                percentage.--An employer may elect to 
                                apply a lower percentage (not less than 
                                1 percent) for any year for all 
                                employees eligible to participate in 
                                the plan for such year if the employer 
                                notifies the employees of such lower 
                                percentage within a reasonable period 
                                of time before the 30-day election 
                                period for such year under paragraph 
                                (5)(C). An employer may not elect a 
                                lower percentage under this subclause 
                                for any year if that election would 
                                result in the applicable percentage 
                                being lower than 3 percent in more than 
                                2 of the years in the 5-year period 
                                ending with such year.
                                  ``(III) Special rule for years 
                                arrangement not in effect.--If any year 
                                in the 5-year period described in 
                                subclause (II) is a year prior to the 
                                first year for which any qualified 
                                salary reduction arrangement is in 
                                effect with respect to the employer (or 
                                any predecessor), the employer shall be 
                                treated as if the level of the employer 
                                matching contribution was at 3 percent 
                                of compensation for such prior year.
                  ``(D) Arrangement may be only plan of employer.--
                          ``(i) In general.--An arrangement shall not 
                        be treated as a qualified salary reduction 
                        arrangement for any year if the employer (or 
                        any predecessor employer) maintained a 
                        qualified plan with respect to which 
                        contributions were made, or benefits were 
                        accrued, for service in any year in the period 
                        beginning with the year such arrangement became 
                        effective and ending with the year for which 
                        the determination is being made.
                          ``(ii) Qualified plan.--For purposes of this 
                        subparagraph, the term `qualified plan' means a 
                        plan, contract, pension, or trust described in 
                        subparagraph (A) or (B) of section 219(g)(5).
                  ``(E) Cost-of-living adjustment.--The Secretary shall 
                adjust the $6,000 amount under subparagraph (A)(ii) at 
                the same time and in the same manner as under section 
                415(d), except that the base period taken into account 
                shall be the calendar quarter ending September 30, 
                1995, and any increase under this subparagraph which is 
                not a multiple of $500 shall be rounded to the next 
                lower multiple of $500.
          ``(3) Vesting requirements.--The requirements of this 
        paragraph are met with respect to a simple retirement account 
        if the employee's rights to any contribution to the simple 
        retirement account are nonforfeitable. For purposes of this 
        paragraph, rules similar to the rules of subsection (k)(4) 
        shall apply.
          ``(4) Participation requirements.--
                  ``(A) In general.--The requirements of this paragraph 
                are met with respect to any simple retirement account 
                for a year only if, under the qualified salary 
                reduction arrangement, all employees of the employer 
                who--
                          ``(i) received at least $5,000 in 
                        compensation from the employer during any 2 
                        preceding years, and
                          ``(ii) are reasonably expected to receive at 
                        least $5,000 in compensation during the year,
                are eligible to make the election under paragraph 
                (2)(A)(i) or receive the nonelective contribution 
                described in paragraph (2)(B).
                  ``(B) Excludable employees.--An employer may elect to 
                exclude from the requirement under subparagraph (A) 
                employees described in section 410(b)(3).
          ``(5) Administrative requirements.--The requirements of this 
        paragraph are met with respect to any simplified retirement 
        account if, under the qualified salary reduction arrangement--
                  ``(A) an employer must--
                          ``(i) make the elective employer 
                        contributions under paragraph (2)(A)(i) not 
                        later than the close of the 30-day period 
                        following the last day of the month with 
                        respect to which the contributions are to be 
                        made, and
                          ``(ii) make the matching contributions under  
                        paragraph  (2)(A)(iii)  or the nonelective 
                        contributions under paragraph (2)(B) not  later 
                        than the date described in section 
                        404(m)(2)(B),
                  ``(B) an employee may elect to terminate 
                participation in such arrangement at any time during 
                the year, except that if an employee so terminates, the 
                arrangement may provide that the employee may not elect 
                to resume participation until the beginning of the next 
                year, and
                  ``(C) each employee eligible to participate may 
                elect, during the 30-day period before the beginning of 
                any year (and the 30-day period before the first day 
                such employee is eligible to participate), to 
                participate in the arrangement, or to modify the 
                amounts subject to such arrangement, for such year.
          ``(6) Definitions.--For purposes of this subsection--
                  ``(A) Compensation.--
                          ``(i) In general.--The term `compensation' 
                        means amounts described in paragraphs (3) and 
                        (8) of section 6051(a).
                          ``(ii) Self-employed.--In the case of an 
                        employee described in subparagraph (B), the 
                        term `compensation' means net earnings from 
                        self-employment determined under section 
                        1402(a) without regard to any contribution 
                        under this subsection.
                  ``(B) Employee.--The term `employee' includes an 
                employee as defined in section 401(c)(1).
                  ``(C) Year.--The term `year' means the calendar 
                year.''
  (b) Tax Treatment of Simple Retirement Accounts.--
          (1) Deductibility of contributions by employees.--
                  (A) Section 219(b) (relating to maximum amount of 
                deduction) is amended by adding at the end the 
                following new paragraph:
          ``(4) Special rule for simple retirement accounts.--This 
        section shall not apply with respect to any amount contributed 
        to a simple retirement account established under section 
        408(p).''
                  (B) Section 219(g)(5)(A) (defining active 
                participant) is amended by striking ``or'' at the end 
                of clause (iv) and by adding at the end the following 
                new clause:
                          ``(vi) any simple retirement account (within 
                        the meaning of section 408(p)), or''.
          (2) Deductibility of employer contributions.--Section 404 
        (relating to deductions for contributions of an employer to 
        pension, etc. plans) is amended by adding at the end the 
        following new subsection:
  ``(m) Special Rules for Simple Retirement Accounts.--
          ``(1) In general.--Employer contributions to a simple 
        retirement account shall be treated as if they are made to a 
        plan subject to the requirements of this section.
          ``(2) Timing.--
                  ``(A) Deduction.--Contributions described in 
                paragraph (1) shall be deductible in the taxable year 
                of the employer with or within which the calendar year 
                for which the contributions were made ends.
                  ``(B) Contributions after end of year.--For purposes 
                of this subsection, contributions shall be treated as 
                made for a taxable year if they are made on account of 
                the taxable year and are made not later than the time 
                prescribed by law for filing the return for the taxable 
                year (including extensions thereof).''
          (3) Contributions and distributions.--
                  (A) Section 402 (relating to taxability of 
                beneficiary of employees' trust) is amended by adding 
                at the end the following new subsection:
  ``(k) Treatment of Simple Retirement Accounts.--Rules similar to the 
rules of paragraphs (1) and (3) of subsection (h) shall apply to 
contributions and distributions with respect to a simple retirement 
account under section 408(p).''
                  (B) Section 408(d)(3) is amended by adding at the end 
                the following new subparagraph:
                  ``(G) Simple retirement accounts.--This paragraph 
                shall not apply to any amount paid or distributed out 
                of a simple retirement account (as defined in section 
                408(p)) unless--
                          ``(i) it is paid into another simple 
                        retirement account, or
                          ``(ii) in the case of any payment or 
                        distribution to which section 72(t)(8) does not 
                        apply, it is paid into an individual retirement 
                        plan.''
                  (C) Clause (i) of section 457(c)(2)(B) is amended by 
                striking ``section 402(h)(1)(B)'' and inserting 
                ``section 402(h)(1)(B) or (k)''.
          (4) Penalties.--
                  (A) Early withdrawals.--Section 72(t) (relating to 
                additional tax in early distributions), as amended by 
                this Act, is amended by adding at the end the following 
                new paragraph:
          ``(6) Special rules for simple retirement accounts.--In the 
        case of any amount received from a simple retirement account 
        (within the meaning of section 408(p)) during the 2-year period 
        beginning on the date such individual first participated in any 
        qualified salary reduction arrangement maintained by the 
        individual's employer under section 408(p)(2), paragraph (1) 
        shall be applied by substituting `25 percent' for `10 
        percent'.''
                  (B) Failure to report.--Section 6693 is amended by 
                redesignating subsection (c) as subsection (d) and by 
                inserting after subsection (b) the following new 
                subsection:
  ``(c) Penalties Relating to Simple Retirement Accounts.--
          ``(1) Employer penalties.--An employer who fails to provide 1 
        or more notices required by section 408(l)(2)(C) shall pay a 
        penalty of $50 for each day on which such failures continue.
          ``(2) Trustee penalties.--A trustee who fails--
                  ``(A) to provide 1 or more statements required by the 
                last sentence of section 408(i) shall pay a penalty of 
                $50 for each day on which such failures continue, or
                  ``(B) to provide 1 or more summary descriptions 
                required by section 408(l)(2)(B) shall pay a penalty of 
                $50 for each day on which such failures continue.
          ``(3) Reasonable cause exception.--No penalty shall be 
        imposed under this subsection with respect to any failure which 
        the taxpayer shows was due to reasonable cause.''
          (5) Reporting requirements.--
                  (A) Section 408(l) is amended by adding at the end 
                the following new paragraph:
          ``(2) Simple retirement accounts.--
                  ``(A) No employer reports.--Except as provided in 
                this paragraph, no report shall be required under this 
                section by an employer maintaining a qualified salary 
                reduction arrangement under subsection (p).
                  ``(B) Summary description.--The trustee of any simple 
                retirement account established pursuant to a qualified 
                salary reduction arrangement under subsection (p) shall 
                provide to the employer maintaining the arrangement, 
                each year a description containing the following 
                information:
                          ``(i) The name and address of the employer 
                        and the trustee.
                          ``(ii) The requirements for eligibility for 
                        participation.
                          ``(iii) The benefits provided with respect to 
                        the arrangement.
                          ``(iv) The time and method of making 
                        elections with respect to the arrangement.
                          ``(v) The procedures for, and effects of, 
                        withdrawals (including rollovers) from the 
                        arrangement.
                  ``(C) Employee notification.--The employer shall 
                notify each employee immediately before the period for 
                which an election described in subsection (p)(5)(C) may 
                be made of the employee's opportunity to make such 
                election. Such notice shall include a copy of the 
                description described in subparagraph (B).''
                  (B) Section 408(l) is amended by striking ``An 
                employer'' and inserting the following:
          ``(1) In general.--An employer''.
          (6) Reporting requirements.--Section 408(i) is amended by 
        adding at the end the following new flush sentence:
``In the case of a simple retirement account under subsection (p), only 
one report under this subsection shall be required to be submitted each 
calendar year to the Secretary (at the time provided under paragraph 
(2)) but, in addition to the report under this subsection, there shall 
be furnished, within 30 days after each calendar year, to the 
individual on whose behalf the account is maintained a statement with 
respect to the account balance as of the close of, and the account 
activity during, such calendar year.''
          (7) Exemption from top-heavy plan rules.--Section 416(g)(4) 
        (relating to special rules for top-heavy plans) is amended by 
        adding at the end the following new subparagraph:
                  ``(G) Simple retirement accounts.--The term `top-
                heavy plan' shall not include a simple retirement 
                account under section 408(p).''
          (8) Employment taxes.--
                  (A) Paragraph (5) of section 3121(a) is amended by 
                striking ``or'' at the end of subparagraph (F), by 
                inserting ``or'' at the end of subparagraph (G), and by 
                adding at the end the following new subparagraph:
                  ``(H) under an arrangement to which section 408(p) 
                applies, other than any elective contributions under 
                paragraph (2)(A)(i) thereof,''.
          (B) Section 209(a)(4) of the Social Security Act is amended 
        by inserting ``, or (J) under an arrangement to which section 
        408(p) of such Code applies, other than any elective 
        contributions under paragraph (2)(A)(i) thereof'' before the 
        semicolon at the end thereof.
          (C) Paragraph (5) of section 3306(b) is amended by striking 
        ``or'' at the end of subparagraph (F), by inserting ``or'' at 
        the end of subparagraph (G), and by adding at the end the 
        following new subparagraph:
                  ``(H) under an arrangement to which section 408(p) 
                applies, other than any elective contributions under 
                paragraph (2)(A)(i) thereof,''.
          (D) Paragraph (12) of section 3401(a) is amended by adding 
        the following new subparagraph:
                  ``(D) under an arrangement to which section 408(p) 
                applies; or''.
          (9) Conforming amendments.--
                  (A) Section 280G(b)(6) is amended by striking ``or'' 
                at the end of subparagraph (B), by striking the period 
                at the end of subparagraph (C) and inserting ``, or'' 
                and by adding after subparagraph (C) the following new 
                subparagraph:
                  ``(D) a simple retirement account described in 
                section 408(p).''
                  (B) Section 402(g)(3) 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 after subparagraph (C) the following new 
                subparagraph:
                  ``(D) any elective employer contribution under 
                section 408(p)(2)(A)(i).''
                  (C) Subsections (b), (c), (m)(4)(B), and (n)(3)(B) of 
                section 414 are each amended by inserting ``408(p),'' 
                after ``408(k),''.
                  (D) Section 4972(d)(1)(A) is amended by striking 
                ``and'' at the end of clause (ii), by striking the 
                period at the end of clause (iii) and inserting ``, 
                and'', and by adding after clause (iii) the following 
                new clause:
                          ``(iv) any simple retirement account (within 
                        the meaning of section 408(p)).''
  (c) Repeal of Salary Reduction Simplified Employee Pensions.--Section 
408(k)(6) is amended by adding at the end the following new 
subparagraph:
                  ``(H) Termination.--This paragraph shall not apply to 
                years beginning after December 31, 1996. The preceding 
                sentence shall not apply to a simplified employee 
                pension if the terms of such pension, as in effect on 
                December 31, 1996, provide that an employee may make 
                the election described in subparagraph (A).''
  (d) Effective Date.--The amendments made by this section shall apply 
to taxable years beginning after December 31, 1996.

SEC. 1422. EXTENSION OF SIMPLE PLAN TO 401(k) ARRANGEMENTS.

  (a) Alternative Method of Satisfying Section 401(k) Nondiscrimination 
Tests.--Section 401(k) (relating to cash or deferred arrangements) is 
amended by adding at the end the following new paragraph:
          ``(11) Adoption of simple plan to meet nondiscrimination 
        tests.--
                  ``(A) In general.--A cash or deferred arrangement 
                maintained by an eligible employer shall be treated as 
                meeting the requirements of paragraph (3)(A)(ii) if 
                such arrangement meets--
                          ``(i) the contribution requirements of 
                        subparagraph (B),
                          ``(ii) the exclusive benefit requirements of 
                        subparagraph (C), and
                          ``(iii) the vesting requirements of section 
                        408(p)(3).
                  ``(B) Contribution requirements.--
                          ``(i) In general.--The requirements of this 
                        subparagraph are met if, under the 
                        arrangement--
                                  ``(I) an employee may elect to have 
                                the employer make elective 
                                contributions for the year on behalf of 
                                the employee to a trust under the plan 
                                in an amount which is expressed as a 
                                percentage of compensation of the 
                                employee but which in no event exceeds 
                                $6,000,
                                  ``(II) the employer is required to 
                                make a matching contribution to the 
                                trust for the year in an amount equal 
                                to so much of the amount the employee 
                                elects under subclause (I) as does not 
                                exceed 3 percent of compensation for 
                                the year, and
                                  ``(III) no other contributions may be 
                                made other than contributions described 
                                in subclause (I) or (II).
                          ``(ii) Employer may elect 2-percent 
                        nonelective contribution.--An employer shall be 
                        treated as meeting the requirements of clause 
                        (i)(II) for any year if, in lieu of the 
                        contributions described in such clause, the 
                        employer elects (pursuant to the terms of the 
                        arrangement) to make nonelective contributions 
                        of 2 percent of compensation for each employee 
                        who is eligible to participate in the 
                        arrangement and who has at least $5,000 of 
                        compensation from the employer for the year. If 
                        an employer makes an election under this 
                        subparagraph for any year, the employer shall 
                        notify employees of such election within a 
                        reasonable period of time before the 30th day 
                        before the beginning of such year.
                  ``(C) Exclusive benefit.--The requirements of this 
                subparagraph are met for any year to which this 
                paragraph applies if no contributions were made, or 
                benefits were accrued, for services during such year 
                under any qualified plan of the employer on behalf of 
                any employee eligible to participate in the cash or 
                deferred arrangement, other than contributions 
                described in subparagraph (B).
                  ``(D) Definitions and special rule.--
                          ``(i) Definitions.--For purposes of this 
                        paragraph, any term used in this paragraph 
                        which is also used in section 408(p) shall have 
                        the meaning given such term by such section.
                          ``(ii) Coordination with top-heavy rules.--A 
                        plan meeting the requirements of this paragraph 
                        for any year shall not be treated as a top-
                        heavy plan under section 416 for such year.''
  (b) Alternative Methods of Satisfying Section 401(m) 
Nondiscrimination Tests.--Section 401(m) (relating to nondiscrimination 
test for matching contributions and employee contributions) is amended 
by redesignating paragraph (10) as paragraph (11) and by adding after 
paragraph (9) the following new paragraph:
          ``(10) Alternative method of satisfying tests.--A defined 
        contribution plan shall be treated as meeting the requirements 
        of paragraph (2) with respect to matching contributions if the 
        plan--
                  ``(A) meets the contribution requirements of 
                subparagraph (B) of subsection (k)(11),
                  ``(B) meets the exclusive benefit requirements of 
                subsection (k)(11)(C), and
                  ``(C) meets the vesting requirements of section 
                408(p)(3).''
  (c) Effective Date.--The amendments made by this section shall apply 
to plan years beginning after December 31, 1996.

                     Subchapter B--Other Provisions

SEC. 1426. TAX-EXEMPT ORGANIZATIONS ELIGIBLE UNDER SECTION 401(k).

  (a) In General.--Subparagraph (B) of section 401(k)(4) is amended to 
read as follows:
                  ``(B) Eligibility of state and local governments and 
                tax-exempt organizations.--
                          ``(i) Tax-exempts eligible.--Except as 
                        provided in clause (ii), any organization 
                        exempt from tax under this subtitle may include 
                        a qualified cash or deferred arrangement as 
                        part of a plan maintained by it.
                          ``(ii) Governments ineligible.--A cash or 
                        deferred arrangement shall not be treated as a 
                        qualified cash or deferred arrangement if it is 
                        part of a plan maintained by a State or local 
                        government or political subdivision thereof, or 
                        any agency or instrumentality thereof. This 
                        clause shall not apply to a rural cooperative 
                        plan or to a plan of an employer described in 
                        clause (iii).
                          ``(iii) Treatment of indian tribal 
                        governments.--An employer which is an Indian 
                        tribal government (as defined in section 
                        7701(a)(40)), a subdivision of an Indian tribal 
                        government (determined in accordance with 
                        section 7871(d)), an agency or instrumentality 
                        of an Indian tribal government or subdivision 
                        thereof, or a corporation chartered under 
                        Federal, State, or tribal law which is owned in 
                        whole or in part by any of the foregoing shall 
                        be treated as an organization exempt from tax 
                        under this subtitle for purposes of clause 
                        (i).''
  (b) Effective Date.--The amendment made by this section shall apply 
to plan years beginning after December 31, 1996, but shall not apply to 
any cash or deferred arrangement to which clause (i) of section 
1116(f)(2)(B) of the Tax Reform Act of 1986 applies.

                CHAPTER 3--NONDISCRIMINATION PROVISIONS

SEC. 1431. DEFINITION OF HIGHLY COMPENSATED EMPLOYEES; REPEAL OF FAMILY 
                    AGGREGATION.

  (a) In General.--Paragraph (1) of section 414(q) (defining highly 
compensated employee) is amended to read as follows:
          ``(1) In general.--The term `highly compensated employee' 
        means any employee who--
                  ``(A) was a 5-percent owner at any time during the 
                year or the preceding year, or
                  ``(B) for the preceding year--
                          ``(i) had compensation from the employer in 
                        excess of $80,000, and
                          ``(ii) was in the top-paid group of the 
                        employer.
        The Secretary shall adjust the $80,000 amount under 
        subparagraph (B) at the same time and in the same manner as 
        under section 415(d), except that the base period shall be the 
        calendar quarter ending September 30, 1996.''
  (b) Repeal of Family Aggregation Rules.--
          (1) In general.--Paragraph (6) of section 414(q) is hereby 
        repealed.
          (2) Compensation limit.--Paragraph (17)(A) of section 401(a) 
        is amended by striking the last sentence.
          (3) Deduction.--Subsection (l) of section 404 is amended by 
        striking the last sentence.
  (c) Conforming Amendments.--
          (1)(A) Subsection (q) of section 414 is amended by striking 
        paragraphs (2), (5), (8), and (12) and by redesignating 
        paragraphs (3), (4), (7), (9), (10), and (11) as paragraphs (2) 
        through (7), respectively.
          (B) Sections 129(d)(8)(B), 401(a)(5)(D)(ii), 408(k)(2)(C), 
        and 416(i)(1)(D) are each amended by striking ``section 
        414(q)(7)'' and inserting ``section 414(q)(4)''.
          (C) Section 416(i)(1)(A) is amended by striking ``section 
        414(q)(8)'' and inserting ``section 414(r)(9)''.
          (2)(A) Section 414(r) is amended by adding at the end the 
        following new paragraph:
          ``(9) Excluded employees.--For purposes of this subsection, 
        the following employees shall be excluded:
                  ``(A) Employees who have not completed 6 months of 
                service.
                  ``(B) Employees who normally work less than 17\1/2\ 
                hours per week.
                  ``(C) Employees who normally work not more than 6 
                months during any year.
                  ``(D) Employees who have not attained the age of 21.
                  ``(E) Except to the extent provided in regulations, 
                employees who are included in a unit of employees 
                covered by an agreement which the Secretary of Labor 
                finds to be a collective bargaining agreement between 
                employee representatives and the employer.
        Except as provided by the Secretary, the employer may elect to 
        apply subparagraph (A), (B), (C), or (D) by substituting a 
        shorter period of service, smaller number of hours or months, 
        or lower age for the period of service, number of hours or 
        months, or age (as the case may be) specified in such 
        subparagraph.''
          (B) Subparagraph (A) of section 414(r)(2) is amended by 
        striking ``subsection (q)(8)'' and inserting ``paragraph (9)''.
          (3) Section 1114(c)(4) of the Tax Reform Act of 1986 is 
        amended by adding at the end the following new sentence: ``Any 
        reference in this paragraph to section 414(q) shall be treated 
        as a reference to such section as in effect on the day before 
        the date of the enactment of the Small Business Job Protection 
        Act of 1996.''.
  (d) Effective Date.--
          (1) In general.--The amendments made by this section shall 
        apply to years beginning after December 31, 1996, except that 
        in determining whether an employee is a highly compensated 
        employee for years beginning in 1997, such amendments shall be 
        treated as having been in effect for years beginning in 1996.
          (2) Family aggregation.--The amendments made by subsection 
        (b) shall apply to years beginning after December 31, 1996.

SEC. 1432. MODIFICATION OF ADDITIONAL PARTICIPATION REQUIREMENTS.

  (a) General Rule.--Section 401(a)(26)(A) (relating to additional 
participation requirements) is amended to read as follows:
                  ``(A) In general.--In the case of a trust which is a 
                part of a defined benefit plan, such trust shall not 
                constitute a qualified trust under this subsection 
                unless on each day of the plan year such trust benefits 
                at least the lesser of--
                          ``(i) 50 employees of the employer, or
                          ``(ii) the greater of--
                                  ``(I) 40 percent of all employees of 
                                the employer, or
                                  ``(II) 2 employees (or if there is 
                                only 1 employee, such employee).''
  (b) Separate Line of Business Test.--Section 401(a)(26)(G) (relating 
to separate line of business) is amended by striking ``paragraph (7)'' 
and inserting ``paragraph (2)(A) or (7)''.
  (c) Effective Date.--The amendments made by this section shall apply 
to years beginning after December 31, 1996.

SEC. 1433. NONDISCRIMINATION RULES FOR QUALIFIED CASH OR DEFERRED 
                    ARRANGEMENTS AND MATCHING CONTRIBUTIONS.

  (a) Alternative Methods of Satisfying Section 401(k) 
Nondiscrimination Tests.--Section 401(k) (relating to cash or deferred 
arrangements), as amended by section 1422, is amended by adding at the 
end the following new paragraph:
          ``(12) Alternative methods of meeting nondiscrimination 
        requirements.--
                  ``(A) In general.--A cash or deferred arrangement 
                shall be treated as meeting the requirements of 
                paragraph (3)(A)(ii) if such arrangement--
                          ``(i) meets the contribution requirements of 
                        subparagraph (B) or (C), and
                          ``(ii) meets the notice requirements of 
                        subparagraph (D).
                  ``(B) Matching contributions.--
                          ``(i) In general.--The requirements of this 
                        subparagraph are met if, under the arrangement, 
                        the employer makes matching contributions on 
                        behalf of each employee who is not a highly 
                        compensated employee in an amount equal to--
                                  ``(I) 100 percent of the elective 
                                contributions of the employee to the 
                                extent such elective contributions do 
                                not exceed 3 percent of the employee's 
                                compensation, and
                                  ``(II) 50 percent of the elective 
                                contributions of the employee to the 
                                extent that such elective contributions 
                                exceed 3 percent but do not exceed 5 
                                percent of the employee's compensation.
                          ``(ii) Rate for highly compensated 
                        employees.--The requirements of this 
                        subparagraph are not met if, under the 
                        arrangement, the rate of matching contribution 
                        with respect to any elective contribution of a 
                        highly compensated employee at any rate of 
                        elective contribution is greater than that with 
                        respect to an employee who is not a highly 
                        compensated employee.
                          ``(iii) Alternative plan designs.--If the 
                        rate of any matching contribution with respect 
                        to any rate of elective contribution is not 
                        equal to the percentage required under clause 
                        (i), an arrangement shall not be treated as 
                        failing to meet the requirements of clause (i) 
                        if--
                                  ``(I) the rate of an employer's 
                                matching contribution does not increase 
                                as an employee's rate of elective 
                                contributions increase, and
                                  ``(II) the aggregate amount of 
                                matching contributions at such rate of 
                                elective contribution is at least equal 
                                to the aggregate amount of matching 
                                contributions which would be made if 
                                matching contributions were made on the 
                                basis of the percentages described in 
                                clause (i).
                  ``(C) Nonelective contributions.--The requirements of 
                this subparagraph are met if, under the arrangement, 
                the employer is required, without regard to whether the 
                employee makes an elective contribution or employee 
                contribution, to make a contribution to a defined 
                contribution plan on behalf of each employee who is not 
                a highly compensated employee and who is eligible to 
                participate in the arrangement in an amount equal to at 
                least 3 percent of the employee's compensation.
                  ``(D) Notice requirement.--An arrangement meets the 
                requirements of this paragraph if, under the 
                arrangement, each employee eligible to participate is, 
                within a reasonable period before any year, given 
                written notice of the employee's rights and obligations 
                under the arrangement which--
                          ``(i) is sufficiently accurate and 
                        comprehensive to appraise the employee of such 
                        rights and obligations, and
                          ``(ii) is written in a manner calculated to 
                        be understood by the average employee eligible 
                        to participate.
                  ``(E) Other requirements.--
                          ``(i) Withdrawal and vesting restrictions.--
                        An arrangement shall not be treated as meeting 
                        the requirements of subparagraph (B) or (C) of 
                        this paragraph unless the requirements of 
                        subparagraphs (B) and (C) of paragraph (2) are 
                        met with respect to all employer contributions 
                        (including matching contributions) taken into 
                        account in determining whether the requirements 
                        of subparagraphs (B) and (C) of this paragraph 
                        are met.
                          ``(ii) Social security and similar 
                        contributions not taken into account.--An 
                        arrangement shall not be treated as meeting the 
                        requirements of subparagraph (B) or (C) unless 
                        such requirements are met without regard to 
                        subsection (l), and, for purposes of subsection 
                        (l), employer contributions under subparagraph 
                        (B) or (C) shall not be taken into account.
                  ``(F) Other plans.--An arrangement shall be treated 
                as meeting the requirements under subparagraph (A)(i) 
                if any other plan maintained by the employer meets such 
                requirements with respect to employees eligible under 
                the arrangement.''
  (b) Alternative Methods of Satisfying Section 401(m) 
Nondiscrimination Tests.--Section 401(m) (relating to nondiscrimination 
test for matching contributions and employee contributions), as amended 
by this Act, is amended by redesignating paragraph (11) as paragraph 
(12) and by adding after paragraph (10) the following new paragraph:
          ``(11) Alternative method of satisfying tests.--
                  ``(A) In general.--A defined contribution plan shall 
                be treated as meeting the requirements of paragraph (2) 
                with respect to matching contributions if the plan--
                          ``(i) meets the contribution requirements of 
                        subparagraph (B) or (C) of subsection (k)(12),
                          ``(ii) meets the notice requirements of 
                        subsection (k)(12)(D), and
                          ``(iii) meets the requirements of 
                        subparagraph (B).
                  ``(B) Limitation on matching contributions.--The 
                requirements of this subparagraph are met if--
                          ``(i) matching contributions on behalf of any 
                        employee may not be made with respect to an 
                        employee's contributions or elective deferrals 
                        in excess of 6 percent of the employee's 
                        compensation,
                          ``(ii) the rate of an employer's matching 
                        contribution does not increase as the rate of 
                        an employee's contributions or elective 
                        deferrals increase, and
                          ``(iii) the matching contribution with 
                        respect to any highly compensated employee at 
                        any rate of an employee contribution or rate of 
                        elective deferral is not greater than that with 
                        respect to an employee who is not a highly 
                        compensated employee.''
  (c) Year for Computing Nonhighly Compensated Employee Percentage.--
          (1) Cash or deferred arrangements.--Clause (ii) of section 
        401(k)(3)(A) is amended--
                  (A) by striking ``such year'' and inserting ``the 
                plan year'',
                  (B) by striking ``for such plan year'' and inserting 
                ``for the preceding plan year'', and
                  (C) by adding at the end the following new sentence: 
                ``An arrangement may apply this clause by using the 
                plan year rather than the preceding plan year if the 
                employer so elects, except that if such an election is 
                made, it may not be changed except as provided by the 
                Secretary.''
          (2) Matching and employee contributions.--Section 
        401(m)(2)(A) is amended--
                  (A) by inserting ``for such plan year'' after 
                ``highly compensated employees'',
                  (B) by inserting ``for the preceding plan year'' 
                after ``eligible employees'' each place it appears in 
                clause (i) and clause (ii), and
                  (C) by adding at the end the following flush 
                sentence: ``This subparagraph may be applied by using 
                the plan year rather than the preceding plan year if 
                the employer so elects, except that if such an election 
                is made, it may not be changed except as provided the 
                Secretary.''
  (d) Special Rule for Determining Average Deferral Percentage for 
First Plan Year, Etc.--
          (1) Paragraph (3) of section 401(k) is amended by adding at 
        the end the following new subparagraph:
                  ``(E) For purposes of this paragraph, in the case of 
                the first plan year of any plan (other than a successor 
                plan), the amount taken into account as the actual 
                deferral percentage of nonhighly compensated employees 
                for the preceding plan year shall be--
                          ``(i) 3 percent, or
                          ``(ii) if the employer makes an election 
                        under this subclause, the actual deferral 
                        percentage of nonhighly compensated employees 
                        determined for such first plan year.''
          (2) Paragraph (3) of section 401(m) is amended by adding at 
        the end the following: ``Rules similar to the rules of 
        subsection (k)(3)(E) shall apply for purposes of this 
        subsection.''
  (e) Distribution of Excess Contributions and Excess Aggregate 
Contributions.--
          (1) Subparagraph (C) of section 401(k)(8) (relating to 
        arrangement not disqualified if excess contributions 
        distributed) is amended by striking ``on the basis of the 
        respective portions of the excess contributions attributable to 
        each of such employees'' and inserting ``on the basis of the 
        amount of contributions by, or on behalf of, each of such 
        employees''.
          (2) Subparagraph (C) of section 401(m)(6) (relating to method 
        of distributing excess aggregate contributions) is amended by 
        striking ``on the basis of the respective portions of such 
        amounts attributable to each of such employees'' and inserting 
        ``on the basis of the amount of contributions on behalf of, or 
        by, each such employee''.
  (f) Effective Dates.--
          (1) In general.--The amendments made by this section shall 
        apply to years beginning after December 31, 1998.
          (2) Exceptions.--The amendments made by subsections (c), (d), 
        and (e) shall apply to years beginning after December 31, 1996.

SEC. 1434. DEFINITION OF COMPENSATION FOR SECTION 415 PURPOSES.

  (a) General Rule.--Section 415(c)(3) (defining participant's 
compensation) is amended by adding at the end the following new 
subparagraph:
                  ``(D) Certain deferrals included.--The term 
                `participant's compensation' shall include--
                          ``(i) any elective deferral (as defined in 
                        section 402(g)(3)), and
                          ``(ii) any amount which is contributed by the 
                        employer at the election of the employee and 
                        which is not includible in the gross income of 
                        the employee under section 125 or 457.''
  (b) Conforming Amendments.--
          (1) Section 414(q)(4), as redesignated by section 1431, is 
        amended to read as follows:
          ``(4) Compensation.--For purposes of this subsection, the 
        term `compensation' has the meaning given such term by section 
        415(c)(3).''
          (2) Section 414(s)(2) is amended by inserting ``not'' after 
        ``elect'' in the text and heading thereof.
  (c) Effective Date.--The amendments made by this section shall apply 
to years beginning after December 31, 1997.

                  CHAPTER 4--MISCELLANEOUS PROVISIONS

SEC. 1441. PLANS COVERING SELF-EMPLOYED INDIVIDUALS.

  (a) Aggregation Rules.--Section 401(d) (relating to additional 
requirements for qualification of trusts and plans benefiting owner-
employees) is amended to read as follows:
  ``(d) Contribution Limit on Owner-Employees.--A trust forming part of 
a pension or profit-sharing plan which provides contributions or 
benefits for employees some or all of whom are owner-employees shall 
constitute a qualified trust under this section only if, in addition to 
meeting the requirements of subsection (a), the plan provides that 
contributions on behalf of any owner-employee may be made only with 
respect to the earned income of such owner-employee which is derived 
from the trade or business with respect to which such plan is 
established.''
  (b) Effective Date.--The amendments made by this section shall apply 
to years beginning after December 31, 1996.

SEC. 1442. ELIMINATION OF SPECIAL VESTING RULE FOR MULTIEMPLOYER PLANS.

  (a) In General.--Paragraph (2) of section 411(a) (relating to minimum 
vesting standards) is amended--
          (1) by striking ``subparagraph (A), (B), or (C)'' and 
        inserting ``subparagraph (A) or (B)''; and
          (2) by striking subparagraph (C).
  (b) Effective Date.--The amendments made by this section shall apply 
to plan years beginning on or after the earlier of--
          (1) the later of--
                  (A) January 1, 1997, or
                  (B) the date on which the last of the collective 
                bargaining agreements pursuant to which the plan is 
                maintained terminates (determined without regard to any 
                extension thereof after the date of the enactment of 
                this Act), or
          (2) January 1, 1999.
Such amendments shall not apply to any individual who does not have 
more than 1 hour of service under the plan on or after the 1st day of 
the 1st plan year to which such amendments apply.

SEC. 1443. DISTRIBUTIONS UNDER RURAL COOPERATIVE PLANS.

  (a) Distributions for Hardship or After a Certain Age.--Section 
401(k)(7) is amended by adding at the end the following new 
subparagraph:
                  ``(C) Special rule for certain distributions.--A 
                rural cooperative plan which includes a qualified cash 
                or deferred arrangement shall not be treated as 
                violating the requirements of section 401(a) or of 
                paragraph (2) merely by reason of a hardship 
                distribution or a distribution to a participant after 
                attainment of age 59\1/2\. For purposes of this 
                section, the term `hardship distribution' means a 
                distribution described in paragraph (2)(B)(i)(IV) 
                (without regard to the limitation of its application to 
                profit-sharing or stock bonus plans).''
  (b) Public Utility Districts.--Clause (i) of section 401(k)(7)(B) 
(defining rural cooperative) is amended to read as follows:
                          ``(i) any organization which--
                                  ``(I) is engaged primarily in 
                                providing electric service on a mutual 
                                or cooperative basis, or
                                  ``(II) is engaged primarily in 
                                providing electric service to the 
                                public in its area of service and which 
                                is exempt from tax under this subtitle 
                                or which is a State or local government 
                                (or an agency or instrumentality 
                                thereof), other than a municipality (or 
                                an agency or instrumentality 
                                thereof),''.
  (c) Effective Dates.--
          (1) Distributions.--The amendments made by subsection (a) 
        shall apply to distributions after the date of the enactment of 
        this Act.
          (2) Rural cooperative.--The amendments made by subsection (b) 
        shall apply to plan years beginning after December 31, 1996.

SEC. 1444. TREATMENT OF GOVERNMENTAL PLANS UNDER SECTION 415.

  (a) Compensation Limit.--Subsection (b) of section 415 is amended by 
adding immediately after paragraph (10) the following new paragraph:
          ``(11) Special limitation rule for governmental plans.--In 
        the case of a governmental plan (as defined in section 414(d)), 
        subparagraph (B) of paragraph (1) shall not apply.''
  (b) Treatment of Certain Excess Benefit Plans.--
          (1) In general.--Section 415 is amended by adding at the end 
        the following new subsection:
  ``(m) Treatment of Qualified Governmental Excess Benefit 
Arrangements.--
          ``(1) Governmental plan not affected.--In determining whether 
        a governmental plan (as defined in section 414(d)) meets the 
        requirements of this section, benefits provided under a 
        qualified governmental excess benefit arrangement shall not be 
        taken into account. Income accruing to a governmental plan (or 
        to a trust that is maintained solely for the purpose of 
        providing benefits under a qualified governmental excess 
        benefit arrangement) in respect of a qualified governmental 
        excess benefit arrangement shall constitute income derived from 
        the exercise of an essential governmental function upon which 
        such governmental plan (or trust) shall be exempt from tax 
        under section 115.
          ``(2) Taxation of participant.--For purposes of this 
        chapter--
                  ``(A) the taxable year or years for which amounts in 
                respect of a qualified governmental excess benefit 
                arrangement are includible in gross income by a 
                participant, and
                  ``(B) the treatment of such amounts when so 
                includible by the participant,
        shall be determined as if such qualified governmental excess 
        benefit arrangement were treated as a plan for the deferral of 
        compensation which is maintained by a corporation not exempt 
        from tax under this chapter and which does not meet the 
        requirements for qualification under section 401.
          ``(3) Qualified governmental excess benefit arrangement.--For 
        purposes of this subsection, the term `qualified governmental 
        excess benefit arrangement' means a portion of a governmental 
        plan if--
                  ``(A) such portion is maintained solely for the 
                purpose of providing to participants in the plan that 
                part of the participant's annual benefit otherwise 
                payable under the terms of the plan that exceeds the 
                limitations on benefits imposed by this section,
                  ``(B) under such portion no election is provided at 
                any time to the participant (directly or indirectly) to 
                defer compensation, and
                  ``(C) benefits described in subparagraph (A) are not 
                paid from a trust forming a part of such governmental 
                plan unless such trust is maintained solely for the 
                purpose of providing such benefits.''
          (2) Coordination with section 457.--Subsection (e) of section 
        457 is amended by adding at the end the following new 
        paragraph:
          ``(14) Treatment of qualified governmental excess benefit 
        arrangements.--Subsections (b)(2) and (c)(1) shall not apply to 
        any qualified governmental excess benefit arrangement (as 
        defined in section 415(m)(3)), and benefits provided under such 
        an arrangement shall not be taken into account in determining 
        whether any other plan is an eligible deferred compensation 
        plan.''
          (3) Conforming amendment.--Paragraph (2) of section 457(f) is 
        amended by striking ``and'' at the end of subparagraph (C), by 
        striking the period at the end of subparagraph (D) and 
        inserting ``, and'', and by inserting immediately thereafter 
        the following new subparagraph:
                  ``(E) a qualified governmental excess benefit 
                arrangement described in section 415(m).''
  (c) Exemption for Survivor and Disability Benefits.--Paragraph (2) of 
section 415(b) is amended by adding at the end the following new 
subparagraph:
                  ``(I) Exemption for survivor and disability benefits 
                provided under governmental plans.--Subparagraph (C) of 
                this paragraph and paragraph (5) shall not apply to--
                          ``(i) income received from a governmental 
                        plan (as defined in section 414(d)) as a 
                        pension, annuity, or similar allowance as the 
                        result of the recipient becoming disabled by 
                        reason of personal injuries or sickness, or
                          ``(ii) amounts received from a governmental 
                        plan by the beneficiaries, survivors, or the 
                        estate of an employee as the result of the 
                        death of the employee.''
  (d) Revocation of Grandfather Election.--
          (1) In general.--Subparagraph (C) of section 415(b)(10) is 
        amended by adding at the end the following new clause:
                          ``(ii) Revocation of election.--An election 
                        under clause (i) may be revoked not later than 
                        the last day of the third plan year beginning 
                        after the date of the enactment of this clause. 
                        The revocation shall apply to all plan years to 
                        which the election applied and to all 
                        subsequent plan years. Any amount paid by a 
                        plan in a taxable year ending after the 
                        revocation shall be includible in income in 
                        such taxable year under the rules of this 
                        chapter in effect for such taxable year, except 
                        that, for purposes of applying the limitations 
                        imposed by this section, any portion of such 
                        amount which is attributable to any taxable 
                        year during which the election was in effect 
                        shall be treated as received in such taxable 
                        year.''
          (2) Conforming amendment.--Subparagraph (C) of section 
        415(b)(10) is amended by striking ``This'' and inserting:
                          ``(i) In general.--This''.
  (e) Effective Date.--
          (1) In general.--The amendments made by subsections (a), (b), 
        and (c) shall apply to years beginning after December 31, 1994. 
        The amendments made by subsection (d) shall apply with respect 
        to revocations adopted after the date of the enactment of this 
        Act.
          (2) Treatment for years beginning before january 1, 1995.--
        Nothing in the amendments made by this section shall be 
        construed to infer that a governmental plan (as defined in 
        section 414(d) of the Internal Revenue Code of 1986) fails to 
        satisfy the requirements of section 415 of such Code for any 
        taxable year beginning before January 1, 1995.

SEC. 1445. UNIFORM RETIREMENT AGE.

  (a) Discrimination Testing.--Paragraph (5) of section 401(a) 
(relating to special rules relating to nondiscrimination requirements) 
is amended by adding at the end the following new subparagraph:
                  ``(F) Social security retirement age.--For purposes 
                of testing for discrimination under paragraph (4)--
                          ``(i) the social security retirement age (as 
                        defined in section 415(b)(8)) shall be treated 
                        as a uniform retirement age, and
                          ``(ii) subsidized early retirement benefits 
                        and joint and survivor annuities shall not be 
                        treated as being unavailable to employees on 
                        the same terms merely because such benefits or 
                        annuities are based in whole or in part on an 
                        employee's social security retirement age (as 
                        so defined).''
  (b) Effective Date.--The amendment made by this section shall apply 
to years beginning after December 31, 1996.

SEC. 1446. CONTRIBUTIONS ON BEHALF OF DISABLED EMPLOYEES.

  (a) All Disabled Participants Receiving Contributions.--Section 
415(c)(3)(C) is amended by adding at the end the following: ``If a 
defined contribution plan provides for the continuation of 
contributions on behalf of all participants described in clause (i) for 
a fixed or determinable period, this subparagraph shall be applied 
without regard to clauses (ii) and (iii).''
  (b) Effective Date.--The amendment made by this section shall apply 
to years beginning after December 31, 1996.

SEC. 1447. TREATMENT OF DEFERRED COMPENSATION PLANS OF STATE AND LOCAL 
                    GOVERNMENTS AND TAX-EXEMPT ORGANIZATIONS.

  (a) Special Rules for Plan Distributions.--Paragraph (9) of section 
457(e) (relating to other definitions and special rules) is amended to 
read as follows:
          ``(9) Benefits not treated as made available by reason of 
        certain elections, etc.--
                  ``(A) Total amount payable is $3,500 or less.--The 
                total amount payable to a participant under the plan 
                shall not be treated as made available merely because 
                the participant may elect to receive such amount (or 
                the plan may distribute such amount without the 
                participant's consent) if--
                          ``(i) such amount does not exceed $3,500, and
                          ``(ii) such amount may be distributed only 
                        if--
                                  ``(I) no amount has been deferred 
                                under the plan with respect to such 
                                participant during the 2-year period 
                                ending on the date of the distribution, 
                                and
                                  ``(II) there has been no prior 
                                distribution under the plan to such 
                                participant to which this subparagraph 
                                applied.
                A plan shall not be treated as failing to meet the 
                distribution requirements of subsection (d) by reason 
                of a distribution to which this subparagraph applies.
                  ``(B) Election to defer commencement of 
                distributions.--The total amount payable to a 
                participant under the plan shall not be treated as made 
                available merely because the participant may elect to 
                defer commencement of distributions under the plan if--
                          ``(i) such election is made after amounts may 
                        be available under the plan in accordance with 
                        subsection (d)(1)(A) and before commencement of 
                        such distributions, and
                          ``(ii) the participant may make only 1 such 
                        election.''
  (b) Cost-of-Living Adjustment of Maximum Deferral Amount.--Subsection 
(e) of section 457, as amended by section 1444(b)(2) (relating to 
governmental plans), is amended by adding at the end the following new 
paragraph:
          ``(15) Cost-of-living adjustment of maximum deferral 
        amount.--The Secretary shall adjust the $7,500 amount specified 
        in subsections (b)(2) and (c)(1) at the same time and in the 
        same manner as under section 415(d), except that the base 
        period shall be the calendar quarter ending September 30, 1994, 
        and any increase under this paragraph which is not a multiple 
        of $500 shall be rounded to the next lowest multiple of $500.''
  (c) Effective Date.--The amendments made by this section shall apply 
to taxable years beginning after December 31, 1996.

SEC. 1448. TRUST REQUIREMENT FOR DEFERRED COMPENSATION PLANS OF STATE 
                    AND LOCAL GOVERNMENTS.

  (a) In General.--Section 457 is amended by adding at the end the 
following new subsection:
  ``(g) Governmental Plans Must Maintain Set-Asides for Exclusive 
Benefit of Participants.--
          ``(1) In general.--A plan maintained by an eligible employer 
        described in subsection (e)(1)(A) shall not be treated as an 
        eligible deferred compensation plan unless all assets and 
        income of the plan described in subsection (b)(6) are held in 
        trust for the exclusive benefit of participants and their 
        beneficiaries.
          ``(2) Taxability of trusts and participants.--For purposes of 
        this title--
                  ``(A) a trust described in paragraph (1) shall be 
                treated as an organization exempt from taxation under 
                section 501(a), and
                  ``(B) notwithstanding any other provision of this 
                title, amounts in the trust shall be includible in the 
                gross income of participants and beneficiaries only to 
                the extent, and at the time, provided in this section.
          ``(3) Custodial accounts and contracts.--For purposes of this 
        subsection, custodial accounts and contracts described in 
        section 401(f) shall be treated as trusts under rules similar 
        to the rules under section 401(f).''
  (b) Conforming Amendment.--Paragraph (6) of section 457(b) is amended 
by inserting ``except as provided in subsection (g),'' before ``which 
provides that''.
  (c) Effective Dates.--
          (1) In general.--Except as provided in paragraph (2), the 
        amendments made by this section shall apply to assets and 
        income described in section 457(b)(6) of the Internal Revenue 
        Code of 1986 held by a plan on and after the date of the 
        enactment of this Act.
          (2) Transition rule.--In the case of assets and income 
        described in paragraph (1) held by a plan on the date of the 
        enactment of this Act, a trust need not be established by 
        reason of the amendments made by this section before January 1, 
        1999.

SEC. 1449. TRANSITION RULE FOR COMPUTING MAXIMUM BENEFITS UNDER SECTION 
                    415 LIMITATIONS.

  (a) In General.--Subparagraph (A) of section 767(d)(3) of the Uruguay 
Round Agreements Act is amended to read as follows:
                  ``(A) Exception.--A plan that was adopted and in 
                effect before December 8, 1994, shall not be required 
                to apply the amendments made by subsection (b) with 
                respect to benefits accrued before the earlier of--
                          ``(i) the later of the date a plan amendment 
                        applying such amendment is adopted or made 
                        effective, or
                          ``(ii) the first day of the first limitation 
                        year beginning after December 31, 1999.
                Determinations under section 415(b)(2)(E) of the 
                Internal Revenue Code of 1986 before such earlier date 
                shall be made with respect to such benefits on the 
                basis of such section as in effect on December 7, 1994 
                (except that the modification made by section 1449(b) 
                of the Small Business Job Protection Act of 1996 shall 
                be taken into account), and the provisions of the plan 
                as in effect on December 7, 1994, but only if such 
                provisions of the plan meet the requirements of such 
                section (as so in effect).''
  (b) Modification of Certain Assumptions for Adjusting Benefits of 
Defined Benefit Plans for Early Retirees.--Subparagraph (E) of section 
415(b)(2) (relating to limitation on certain assumptions) is amended--
          (1) by striking ``Except as provided in clause (ii), for 
        purposes of adjusting any benefit or limitation under 
        subparagraph (B) or (C),'' in clause (i) and inserting ``For 
        purposes of adjusting any limitation under subparagraph (C) 
        and, except as provided in clause (ii), for purposes of 
        adjusting any benefit under subparagraph (B),'', and
          (2) by striking ``For purposes of adjusting the benefit or 
        limitation of any form of benefit subject to section 
        417(e)(3),'' in clause (ii) and inserting ``For purposes of 
        adjusting any benefit under subparagraph (B) for any form of 
        benefit subject to section 417(e)(3),''.
  (c) Effective Date.--The amendments made by this section shall take 
effect as if included in the provisions of section 767 of the Uruguay 
Round Agreements Act.
  (d) Transitional Rule.--In the case of a plan that was adopted and in 
effect before December 8, 1994, if--
          (1) a plan amendment was adopted or made effective on or 
        before the date of the enactment of this Act applying the 
        amendments made by section 767 of the Uruguay Round Agreements 
        Act, and
          (2) within 1 year after the date of the enactment of this 
        Act, a plan amendment is adopted which repeals the amendment 
        referred to in paragraph (1),
the amendment referred to in paragraph (1) shall not be taken into 
account in applying section 767(d)(3)(A) of the Uruguay Round 
Agreements Act, as amended by subsection (a).

SEC. 1450. MODIFICATIONS OF SECTION 403(b).

  (a) Multiple Salary Reduction Agreements Permitted.--
          (1) General rule.--For purposes of section 403(b) of the 
        Internal Revenue Code of 1986, the frequency that an employee 
        is permitted to enter into a salary reduction agreement, the 
        salary to which such an agreement may apply, and the ability to 
        revoke such an agreement shall be determined under the rules 
        applicable to cash or deferred elections under section 401(k) 
        of such Code.
          (2) Effective date.--This subsection shall apply to taxable 
        years beginning after December 31, 1995.
  (b) Treatment of Indian Tribal Governments.--
          (1) In general.--In the case of any contract purchased in a 
        plan year beginning before January 1, 1995, section 403(b) of 
        the Internal Revenue Code of 1986 shall be applied as if any 
        reference to an employer described in section 501(c)(3) of the 
        Internal Revenue Code of 1986 which is exempt from tax under 
        section 501 of such Code included a reference to an employer 
        which is an Indian tribal government (as defined by section 
        7701(a)(40) of such Code), a subdivision of an Indian tribal 
        government (determined in accordance with section 7871(d) of 
        such Code), an agency or instrumentality of an Indian tribal 
        government or subdivision thereof, or a corporation chartered 
        under Federal, State, or tribal law which is owned in whole or 
        in part by any of the foregoing.
          (2) Rollovers.--Solely for purposes of applying section 
        403(b)(8) of such Code to a contract to which paragraph (1) 
        applies, a qualified cash or deferred arrangement under section 
        401(k) of such Code shall be treated as if it were a plan or 
        contract described in clause (ii) of section 403(b)(8)(A) of 
        such Code.
  (c) Elective Deferrals.--
          (1) In general.--Subparagraph (E) of section 403(b)(1) is 
        amended to read as follows:
                  ``(E) in the case of a contract purchased under a 
                salary reduction agreement, the contract meets the 
                requirements of section 401(a)(30),''.
          (2) Effective date.--The amendment made by this subsection 
        shall apply to years beginning after December 31, 1995, except 
        a contract shall not be required to meet any change in any 
        requirement by reason of such amendment before the 90th day 
        after the date of the enactment of this Act.

SEC. 1451. WAIVER OF MINIMUM PERIOD FOR JOINT AND SURVIVOR ANNUITY 
                    EXPLANATION BEFORE ANNUITY STARTING DATE.

  (a) General Rule.--For purposes of section 417(a)(3)(A) of the 
Internal Revenue Code of 1986 (relating to plan to provide written 
explanations), the minimum period prescribed by the Secretary of the 
Treasury between the date that the explanation referred to in such 
section is provided and the annuity starting date shall not apply if 
waived by the participant and, if applicable, the participant's spouse.
  (b) Effective Date.--Subsection (a) shall apply to plan years 
beginning after December 31, 1996.

SEC. 1452. REPEAL OF LIMITATION IN CASE OF DEFINED BENEFIT PLAN AND 
                    DEFINED CONTRIBUTION PLAN FOR SAME EMPLOYEE; EXCESS 
                    DISTRIBUTIONS.

  (a) In General.--Section 415(e) is repealed.
  (b) Excess Distributions.--Section 4980A is amended by adding at the 
end the following new subsection:
  ``(g) Limitation on Application.--This section shall not apply to 
distributions during years beginning after December 31, 1995, and 
before January 1, 1999, and such distributions shall be treated as made 
first from amounts not described in subsection (f).''
  (c) Conforming Amendments.--
          (1) Paragraph (1) of section 415(a) is amended--
                  (A) by adding ``or'' at the end of subparagraph (A),
                  (B) by striking ``, or'' at the end of subparagraph 
                (B) and inserting a period, and
                  (C) by striking subparagraph (C).
          (2) Subparagraph (B) of section 415(b)(5) is amended by 
        striking ``and subsection (e)''.
          (3) Paragraph (1) of section 415(f) is amended by striking 
        ``subsections (b), (c), and (e)'' and inserting ``subsections 
        (b) and (c)''.
          (4) Subsection (g) of section 415 is amended by striking 
        ``subsections (e) and (f)'' in the last sentence and inserting 
        ``subsection (f)''.
          (5) Clause (i) of section 415(k)(2)(A) is amended to read as 
        follows:
                          ``(i) any contribution made directly by an 
                        employee under such an arrangement shall not be 
                        treated as an annual addition for purposes of 
                        subsection (c), and''.
          (6) Clause (ii) of section 415(k)(2)(A) is amended by 
        striking ``subsections (c) and (e)'' and inserting ``subsection 
        (c)''.
          (7) Section 416 is amended by striking subsection (h).
  (d) Effective Date.--
          (1) In general.--Except as provided in paragraph (2), the 
        amendments made by this section shall apply to limitation years 
        beginning after December 31, 1998.
          (2) Excess distributions.--The amendment made by subsection 
        (b) shall apply to years beginning after December 31, 1995.

SEC. 1453. TAX ON PROHIBITED TRANSACTIONS.

  (a) In General.--Section 4975(a) is amended by striking ``5 percent'' 
and inserting ``10 percent''.
  (b) Effective Date.--The amendment made by this section shall apply 
to prohibited transactions occurring after the date of the enactment of 
this Act.

SEC. 1454. TREATMENT OF LEASED EMPLOYEES.

  (a) General Rule.--Subparagraph (C) of section 414(n)(2) (defining 
leased employee) is amended to read as follows:
                  ``(C) such services are performed under primary 
                direction or control by the recipient.''
  (b) Effective Date.--The amendment made by subsection (a) shall apply 
to years beginning after December 31, 1996, but shall not apply to any 
relationship determined under an Internal Revenue Service ruling issued 
before the date of the enactment of this Act pursuant to section 
414(n)(2)(C) of the Internal Revenue Code of 1986 (as in effect on the 
day before such date) not to involve a leased employee.

SEC. 1455. UNIFORM PENALTY PROVISIONS TO APPLY TO CERTAIN PENSION 
                    REPORTING REQUIREMENTS.

  (a) Penalties.--
          (1) Statements.--Paragraph (1) of section 6724(d) is amended 
        by striking ``and'' at the end of subparagraph (A), by striking 
        the period at the end of subparagraph (B) and inserting ``, 
        and'', and by inserting after subparagraph (B) the following 
        new subparagraph:
                  ``(C) any statement of the amount of payments to 
                another person required to be made to the Secretary 
                under--
                          ``(i) section 408(i) (relating to reports 
                        with respect to individual retirement accounts 
                        or annuities), or
                          ``(ii) section 6047(d) (relating to reports 
                        by employers, plan administrators, etc.).''
          (2) Reports.--Paragraph (2) of section 6724(d), as amended by 
        section 1116, is amended by striking ``or'' at the end of 
        subparagraph (T), by striking the period at the end of 
        subparagraph (U) and inserting a comma, and by inserting after 
        subparagraph (U) the following new subparagraphs:
                  ``(V) section 408(i) (relating to reports with 
                respect to individual retirement plans) to any person 
                other than the Secretary with respect to the amount of 
                payments made to such person, or
                  ``(W) section 6047(d) (relating to reports by plan 
                administrators) to any person other than the Secretary 
                with respect to the amount of payments made to such 
                person.''
  (b) Modification of Reportable Designated Distributions.--
          (1) Section 408.--Subsection (i) of section 408 (relating to 
        individual retirement account reports) is amended by inserting 
        ``aggregating $10 or more in any calendar year'' after 
        ``distributions''.
          (2) Section 6047.--Paragraph (1) of section 6047(d) (relating 
        to reports by employers, plan administrators, etc.) is amended 
        by adding at the end the following new sentence: ``No return or 
        report may be required under the preceding sentence with 
        respect to distributions to any person during any year unless 
        such distributions aggregate $10 or more.''
  (c) Qualifying Rollover Distributions.--Section 6652(i) is amended--
          (1) by striking ``the $10'' and inserting ``$100'', and
          (2) by striking ``$5,000'' and inserting ``$50,000''.
  (d) Conforming Amendments.--
          (1) Paragraph (1) of section 6047(f) is amended to read as 
        follows:

                  ``(1) For provisions relating to penalties for 
failures to file returns and reports required under this section, see 
sections 6652(e), 6721, and 6722.''

          (2) Subsection (e) of section 6652 is amended by adding at 
        the end the following new sentence: ``This subsection shall not 
        apply to any return or statement which is an information return 
        described in section 6724(d)(1)(C)(ii) or a payee statement 
        described in section 6724(d)(2)(W).''
          (3) Subsection (a) of section 6693 is amended by adding at 
        the end the following new sentence: ``This subsection shall not 
        apply to any report which is an information return described in 
        section 6724(d)(1)(C)(i) or a payee statement described in 
        section 6724(d)(2)(V).''
  (e) Effective Date.--The amendments made by this section shall apply 
to returns, reports, and other statements the due date for which 
(determined without regard to extensions) is after December 31, 1996.

SEC. 1456. RETIREMENT BENEFITS OF MINISTERS NOT SUBJECT TO TAX ON NET 
                    EARNINGS FROM SELF-EMPLOYMENT.

  (a) In General.--Section 1402(a)(8) (defining net earning from self-
employment) is amended by inserting ``, but shall not include in such 
net earnings from self-employment the rental value of any parsonage 
(whether or not excludable under section 107) provided after the 
individual retires, or any other retirement benefit received by such 
individual from a church plan (as defined in section 414(e)) after the 
individual retires'' before the semicolon at the end.
  (b) Effective Date.--The amendments made by this section shall apply 
to years beginning before, on, or after December 31, 1994.

SEC. 1457. DATE FOR ADOPTION OF PLAN AMENDMENTS.

  If any amendment made by this subtitle requires an amendment to any 
plan or annuity contract, such amendment shall not be required to be 
made before the first day of the first plan year beginning on or after 
January 1, 1997, if--
          (1) during the period after such amendment takes effect and 
        before such first plan year, the plan or contract is operated 
        in accordance with the requirements of such amendment, and
          (2) such amendment applies retroactively to such period.
In the case of a governmental plan (as defined in section 414(d) of the 
Internal Revenue Code of 1986), this section shall be applied by 
substituting ``1999'' for ``1997''.

                   Subtitle E--Foreign Simplification

SEC. 1501. REPEAL OF INCLUSION OF CERTAIN EARNINGS INVESTED IN EXCESS 
                    PASSIVE ASSETS.

  (a) In General.--
          (1) Repeal of inclusion.--Paragraph (1) of section 951(a) 
        (relating to amounts included in gross income of United States 
        shareholders) is amended by striking subparagraph (C), by 
        striking ``; and'' at the end of subparagraph (B) and inserting 
        a period, and by adding ``and'' at the end of subparagraph (A).
          (2) Repeal of inclusion amount.--Section 956A (relating to 
        earnings invested in excess passive assets) is repealed.
  (b) Conforming Amendments.--
          (1) Paragraph (1) of section 956(b) is amended to read as 
        follows:
          ``(1) Applicable earnings.--For purposes of this section, the 
        term `applicable earnings' means, with respect to any 
        controlled foreign corporation, the sum of--
                  ``(A) the amount (not including a deficit) referred 
                to in section 316(a)(1), and
                  ``(B) the amount referred to in section 316(a)(2),
        but reduced by distributions made during the taxable year.''
          (2) Paragraph (3) of section 956(b) is amended to read as 
        follows:
          ``(3) Special rule where corporation ceases to be controlled 
        foreign corporation.--If any foreign corporation ceases to be a 
        controlled foreign corporation during any taxable year--
                  ``(A) the determination of any United States 
                shareholder's pro rata share shall be made on the basis 
                of stock owned (within the meaning of section 958(a)) 
                by such shareholder on the last day during the taxable 
                year on which the foreign corporation is a controlled 
                foreign corporation,
                  ``(B) the average referred to in subsection (a)(1)(A) 
                for such taxable year shall be determined by only 
                taking into account quarters ending on or before such 
                last day, and
                  ``(C) in determining applicable earnings, the amount 
                taken into account by reason of being described in 
                paragraph (2) of section 316(a) shall be the portion of 
                the amount so described which is allocable (on a pro 
                rata basis) to the part of such year during which the 
                corporation is a controlled foreign corporation.''
          (3) Subsection (a) of section 959 (relating to exclusion from 
        gross income of previously taxed earnings and profits) is 
        amended by adding ``or'' at the end of paragraph (1), by 
        striking ``or'' at the end of paragraph (2), and by striking 
        paragraph (3).
          (4) Subsection (a) of section 959 is amended by striking 
        ``paragraphs (2) and (3)'' in the last sentence and inserting 
        ``paragraph (2)''.
          (5) Subsection (c) of section 959 is amended by adding at the 
        end the following flush sentence:
``References in this subsection to section 951(a)(1)(C) and subsection 
(a)(3) shall be treated as references to such provisions as in effect 
on the day before the date of the enactment of the Small Business Job 
Protection Act of 1996.''
          (6) Paragraph (1) of section 959(f) is amended to read as 
        follows:
          ``(1) In general.--For purposes of this section, amounts that 
        would be included under subparagraph (B) of section 951(a)(1) 
        (determined without regard to this section) shall be treated as 
        attributable first to earnings described in subsection (c)(2), 
        and then to earnings described in subsection (c)(3).''
          (7) Paragraph (2) of section 959(f) is amended by striking 
        ``subparagraphs (B) and (C) of section 951(a)(1)'' and 
        inserting ``section 951(a)(1)(B)''.
          (8) Subsection (b) of section 989 is amended by striking 
        ``subparagraph (B) or (C) of section 951(a)(1)'' and inserting 
        ``section 951(a)(1)(B)''.
          (9) Paragraph (9) of section 1297(b) is amended by striking 
        ``subparagraph (B) or (C) of section 951(a)(1)'' and inserting 
        ``section 951(a)(1)(B)''.
          (10) Subsections (d)(3)(B) and (e)(2)(B)(ii) of section 1297 
        are each amended by striking ``or section 956A''.
  (c) Clerical Amendment.--The table of sections for subpart F of part 
III of subchapter N of chapter 1 is amended by striking the item 
relating to section 956A.
  (d) Effective Date.--The amendments made by this section shall apply 
to taxable years of foreign corporations beginning after December 31, 
1996, and to taxable years of United States shareholders within which 
or with which such taxable years of foreign corporations end.

                      Subtitle F--Revenue Offsets

SEC. 1601. TERMINATION OF PUERTO RICO AND POSSESSION TAX CREDIT.

  (a) In General.--Section 936 is amended by adding at the end the 
following new subsection:
  ``(j) Termination.--
          ``(1) In general.--Except as otherwise provided in this 
        subsection, this section shall not apply to any taxable year 
        beginning after December 31, 1995.
          ``(2) Transition rules for active business income credit.--
        Except as provided in paragraph (3)--
                  ``(A) Economic activity credit.--In the case of an 
                existing credit claimant--
                          ``(i) with respect to a possession other than 
                        Puerto Rico, and
                          ``(ii) to which subsection (a)(4)(B) does not 
                        apply,
                the credit determined under subsection (a)(1)(A) shall 
                be allowed for taxable years beginning after December 
                31, 1995, and before January 1, 2002.
                  ``(B) Special rule for reduced credit.--
                          ``(i) In general.--In the case of an existing 
                        credit claimant to which subsection (a)(4)(B) 
                        applies, the credit determined under subsection 
                        (a)(1)(A) shall be allowed for taxable years 
                        beginning after December 31, 1995, and before 
                        January 1, 1998.
                          ``(ii) Election irrevocable after 1997.--An 
                        election under subsection (a)(4)(B)(iii) which 
                        is in effect for the taxpayer's last taxable 
                        year beginning before 1997 may not be revoked 
                        unless it is revoked for the taxpayer's first 
                        taxable year beginning in 1997 and all 
                        subsequent taxable years.
                  ``(C) Economic activity credit for Puerto Rico.--

                  ``For economic activity credit for Puerto Rico, see 
section 30A.

          ``(3) Additional restricted credit.--
                  ``(A) In general.--In the case of an existing credit 
                claimant--
                          ``(i) the credit under subsection (a)(1)(A) 
                        shall be allowed for the period beginning with 
                        the first taxable year after the last taxable 
                        year to which subparagraph (A) or (B) of 
                        paragraph (2), whichever is appropriate, 
                        applied and ending with the last taxable year 
                        beginning before January 1, 2006, except that
                          ``(ii) the aggregate amount of taxable income 
                        taken into account under subsection (a)(1)(A) 
                        for any such taxable year shall not exceed the 
                        adjusted base period income of such claimant.
                  ``(B) Coordination with subsection (a)(4).--The 
                amount of income described in subsection (a)(1)(A) 
                which is taken into account in applying subsection 
                (a)(4) shall be such income as reduced under this 
                paragraph.
          ``(4) Adjusted base period income.--For purposes of paragraph 
        (3)--
                  ``(A) In general.--The term `adjusted base period 
                income' means the average of the inflation-adjusted 
                possession incomes of the corporation for each base 
                period year.
                  ``(B) Inflation-adjusted possession income.--For 
                purposes of subparagraph (A), the inflation-adjusted 
                possession income of any corporation for any base 
                period year shall be an amount equal to the sum of--
                          ``(i) the possession income of such 
                        corporation for such base period year, plus
                          ``(ii) such possession income multiplied by 
                        the inflation adjustment percentage for such 
                        base period year.
                  ``(C) Inflation adjustment percentage.--For purposes 
                of subparagraph (B), the inflation adjustment 
                percentage for any base period year means the 
                percentage (if any) by which--
                          ``(i) the CPI for 1995, exceeds
                          ``(ii) the CPI for the calendar year in which 
                        the base period year for which the 
                        determination is being made ends.
                For purposes of the preceding sentence, the CPI for any 
                calendar year is the CPI (as defined in section 
                1(f)(5)) for such year under section 1(f)(4).
                  ``(D) Increase in inflation adjustment percentage for 
                growth during base years.--The inflation adjustment 
                percentage (determined under subparagraph (C) without 
                regard to this subparagraph) for each of the 5 taxable 
                years referred to in paragraph (5)(A) shall be 
                increased by--
                          ``(i) 5 percentage points in the case of a 
                        taxable year ending during the 1-year period 
                        ending on October 13, 1995;
                          ``(ii) 10.25 percentage points in the case of 
                        a taxable year ending during the 1-year period 
                        ending on October 13, 1994;
                          ``(iii) 15.76 percentage points in the case 
                        of a taxable year ending during the 1-year 
                        period ending on October 13, 1993;
                          ``(iv) 21.55 percentage points in the case of 
                        a taxable year ending during the 1-year period 
                        ending on October 13, 1992; and
                          ``(v) 27.63 percentage points in the case of 
                        a taxable year ending during the 1-year period 
                        ending on October 13, 1991.
          ``(5) Base period year.--For purposes of this subsection--
                  ``(A) In general.--The term `base period year' means 
                each of 3 taxable years which are among the 5 most 
                recent taxable years of the corporation ending before 
                October 14, 1995, determined by disregarding--
                          ``(i) one taxable year for which the 
                        corporation had the largest inflation-adjusted 
                        possession income, and
                          ``(ii) one taxable year for which the 
                        corporation had the smallest inflation-adjusted 
                        possession income.
                  ``(B) Corporations not having significant possession 
                income throughout 5-year period.--
                          ``(i) In general.--If a corporation does not 
                        have significant possession income for each of 
                        the most recent 5 taxable years ending before 
                        October 14, 1995, then, in lieu of applying 
                        subparagraph (A), the term `base period year' 
                        means only those taxable years (of such 5 
                        taxable years) for which the corporation has 
                        significant possession income; except that, if 
                        such corporation has significant possession 
                        income for 4 of such 5 taxable years, the rule 
                        of subparagraph (A)(ii) shall apply.
                          ``(ii) Special rule.--If there is no year (of 
                        such 5 taxable years) for which a corporation 
                        has significant possession income--
                                  ``(I) the term `base period year' 
                                means the first taxable year ending on 
                                or after October 14, 1995, but
                                  ``(II) the amount of possession 
                                income for such year which is taken 
                                into account under paragraph (4) shall 
                                be the amount which would be determined 
                                if such year were a short taxable year 
                                ending on September 30, 1995.
                          ``(iii) Significant possession income.--For 
                        purposes of this subparagraph, the term 
                        `significant possession income' means 
                        possession income which exceeds 2 percent of 
                        the possession income of the taxpayer for the 
                        taxable year (of the period of 6 taxable years 
                        ending with the first taxable year ending on or 
                        after October 14, 1995) having the greatest 
                        possession income.
                  ``(C) Election to use one base period year.--
                          ``(i) In general.--At the election of the 
                        taxpayer, the term `base period year' means--
                                  ``(I) only the last taxable year of 
                                the corporation ending in calendar year 
                                1992, or
                                  ``(II) a deemed taxable year which 
                                includes the first ten months of 
                                calendar year 1995.
                          ``(ii) Base period income for 1995.--In 
                        determining the adjusted base period income of 
                        the corporation for the deemed taxable year 
                        under clause (i)(II), the possession income 
                        shall be annualized and shall be determined 
                        without regard to any extraordinary item.
                          ``(iii) Election.--An election under this 
                        subparagraph by any possession corporation may 
                        be made only for the corporation's first 
                        taxable year beginning after December 31, 1995, 
                        for which it is a possession corporation. The 
                        rules of subclauses (II) and (III) of 
                        subsection (a)(4)(B)(iii) shall apply to the 
                        election under this subparagraph.
                  ``(D) Acquisitions and dispositions.--Rules similar 
                to the rules of subparagraphs (A) and (B) of section 
                41(f)(3) shall apply for purposes of this subsection.
          ``(6) Possession income.--For purposes of this subsection, 
        the term `possession income' means, with respect to any 
        possession, the income referred to in subsection (a)(1)(A) 
        determined with respect to that possession. In no event shall 
        possession income be treated as being less than zero.
          ``(7) Short years.--If the current year or a base period year 
        is a short taxable year, the application of this subsection 
        shall be made with such annualizations as the Secretary shall 
        prescribe.
          ``(8) Special rules for certain possessions.--
                  ``(A) In general.--In the case of an existing credit 
                claimant with respect to an applicable possession, this 
                section (other than the preceding paragraphs of this 
                subsection) shall apply to such claimant with respect 
                to such applicable possession for taxable years 
                beginning after December 31, 1995, and before January 
                1, 2006.
                  ``(B) Applicable possession.--For purposes of this 
                paragraph, the term `applicable possession' means Guam, 
                American Samoa, and the Commonwealth of the Northern 
                Mariana Islands.
          ``(9) Existing credit claimant.--For purposes of this 
        subsection--
                  ``(A) In general.--The term `existing credit 
                claimant' means a corporation--
                          ``(i) which was actively conducting a trade 
                        or business in a possession on October 13, 
                        1995, and
                          ``(ii) with respect to which an election 
                        under this section is in effect for the 
                        corporation's taxable year which includes 
                        October 13, 1995.
                  ``(B) New lines of business prohibited.--If, after 
                October 13, 1995, a corporation which would (but for 
                this subparagraph) be an existing credit claimant adds 
                a substantial new line of business, such corporation 
                shall cease to be treated as an existing credit 
                claimant as of the close of the taxable year ending 
                before the date of such addition.
                  ``(C) Binding contract exception.--If, on October 13, 
                1995, and at all times thereafter, there is in effect 
                with respect to a corporation a binding contract for 
                the acquisition of assets to be used in, or for the 
                sale of assets to be produced from, a trade or 
                business, the corporation shall be treated for purposes 
                of this paragraph as actively conducting such trade or 
                business on October 13, 1995. The preceding sentence 
                shall not apply if such trade or business is not 
                actively conducted before January 1, 1996.
          ``(10) Separate application to each possession.--For purposes 
        of determining--
                  ``(A) whether a taxpayer is an existing credit 
                claimant, and
                  ``(B) the amount of the credit allowed under this 
                section,
        this subsection (and so much of this section as relates to this 
        subsection) shall be applied separately with respect to each 
        possession.''
  (b) Economic Activity Credit for Puerto Rico.--
          (1) In general.--Subpart B of part IV of subchapter A of 
        chapter 1 is amended by adding at the end the following new 
        section:

``SEC. 30A. PUERTO RICAN ECONOMIC ACTIVITY CREDIT.

  ``(a) Allowance of Credit.--
          ``(1) In general.--Except as otherwise provided in this 
        section, if the conditions of both paragraph (1) and paragraph 
        (2) of subsection (b) are satisfied with respect to a qualified 
        domestic corporation, there shall be allowed as a credit 
        against the tax imposed by this chapter an amount equal to the 
        portion of the tax which is attributable to the taxable income, 
        from sources without the United States, from--
                  ``(A) the active conduct of a trade or business 
                within Puerto Rico, or
                  ``(B) the sale or exchange of substantially all of 
                the assets used by the taxpayer in the active conduct 
                of such trade or business.
        In the case of any taxable year beginning after December 31, 
        2001, the aggregate amount of taxable income taken into account 
        under the preceding sentence (and in applying subsection (d)) 
        shall not exceed the adjusted base period income of such 
        corporation, as determined in the same manner as under section 
        936(j).
          ``(2) Qualified domestic corporation.--For purposes of 
        paragraph (1), the term `qualified domestic corporation' means 
        a domestic corporation--
                  ``(A) which is an existing credit claimant with 
                respect to Puerto Rico, and
                  ``(B) with respect to which section 936(a)(4)(B) does 
                not apply for the taxable year.
          ``(3) Separate application.--For purposes of determining--
                  ``(A) whether a taxpayer is an existing credit 
                claimant with respect to Puerto Rico, and
                  ``(B) the amount of the credit allowed under this 
                section,
        this section (and so much of section 936 as relates to this 
        section) shall be applied separately with respect to Puerto 
        Rico.
  ``(b) Conditions Which Must Be Satisfied.--The conditions referred to 
in subsection (a) are--
          ``(1) 3-year period.--If 80 percent or more of the gross 
        income of the qualified domestic corporation for the 3-year 
        period immediately preceding the close of the taxable year (or 
        for such part of such period immediately preceding the close of 
        such taxable year as may be applicable) was derived from 
        sources within a possession (determined without regard to 
        section 904(f)).
          ``(2) Trade or business.--If 75 percent or more of the gross 
        income of the qualified domestic corporation for such period or 
        such part thereof was derived from the active conduct of a 
        trade or business within a possession.
  ``(c) Credit Not Allowed Against Certain Taxes.--The credit provided 
by subsection (a) shall not be allowed against the tax imposed by--
          ``(1) section 59A (relating to environmental tax),
          ``(2) section 531 (relating to the tax on accumulated 
        earnings),
          ``(3) section 541 (relating to personal holding company tax), 
        or
          ``(4) section 1351 (relating to recoveries of foreign 
        expropriation losses).
  ``(d) Limitations on Credit for Active Business Income.--The amount 
of the credit determined under subsection (a) for any taxable year 
shall not exceed the sum of the following amounts:
          ``(1) 60 percent of the sum of--
                  ``(A) the aggregate amount of the qualified domestic 
                corporation's qualified possession wages for such 
                taxable year, plus
                  ``(B) the allocable employee fringe benefit expenses 
                of the qualified domestic corporation for such taxable 
                year.
          ``(2) The sum of--
                  ``(A) 15 percent of the depreciation allowances for 
                the taxable year with respect to short-life qualified 
                tangible property,
                  ``(B) 40 percent of the depreciation allowances for 
                the taxable year with respect to medium-life qualified 
                tangible property, and
                  ``(C) 65 percent of the depreciation allowances for 
                the taxable year with respect to long-life qualified 
                tangible property.
          ``(3) If the qualified domestic corporation does not have an 
        election to use the method described in section 
        936(h)(5)(C)(ii) (relating to profit split) in effect for the 
        taxable year, the amount of the qualified possession income 
        taxes for the taxable year allocable to nonsheltered income.
  ``(e) Administrative Provisions.--For purposes of this title--
          ``(1) the provisions of section 936 (including any applicable 
        election thereunder) shall apply in the same manner as if the 
        credit under this section were a credit under section 
        936(a)(1)(A) for a domestic corporation to which section 
        936(a)(4)(A) applies,
          ``(2) the credit under this section shall be treated in the 
        same manner as the credit under section 936, and
          ``(3) a corporation to which this section applies shall be 
        treated in the same manner as if it were a corporation electing 
        the application of section 936.
  ``(f) Definitions.--For purposes of this section, any term used in 
this section which is also used in section 936 shall have the same 
meaning given such term by section 936.
  ``(g) Application of Section.--This section shall apply to taxable 
years beginning after December 31, 1995, and before January 1, 2006.''
          (2) Conforming amendments.--
                  (A) Paragraph (1) of section 55(c) is amended by 
                striking ``and the section 936 credit allowable under 
                section 27(b)'' and inserting ``, the section 936 
                credit allowable under section 27(b), and the Puerto 
                Rican economic activity credit under section 30A''.
                  (B) Subclause (I) of section 56(g)(4)(C)(ii) is 
                amended--
                          (i) by inserting ``30A,'' before ``936'', and
                          (ii) by striking ``and (i)'' and inserting 
                        ``, (i), and (j)''.
                  (C) Clause (iii) of section 56(g)(4)(C) is amended by 
                adding at the end the following new subclause:
                                  ``(VI) Application to section 30a 
                                corporations.--References in this 
                                clause to section 936 shall be treated 
                                as including references to section 
                                30A.''
                  (D) Subsection (b) of section 59 is amended by 
                striking ``section 936,'' and all that follows and 
                inserting ``section 30A or 936, alternative minimum 
                taxable income shall not include any income with 
                respect to which a credit is determined under section 
                30A or 936.''.
                  (E) The table of sections for subpart B of part IV of 
                subchapter A of chapter 1 is amended by adding at the 
                end the following new item:

                              ``Sec. 30A. Puerto Rican economic 
                                        activity credit.''

                  (F)(i) The heading for subpart B of part IV of 
                subchapter A of chapter 1 is amended to read as 
                follows:

                     ``Subpart B--Other Credits''.

                  (ii) The table of subparts for part IV of subchapter 
                A of chapter 1 is amended by striking the item relating 
                to subpart B and inserting the following new item:

                              ``Subpart B. Other credits.''

  (c) Effective Date.--The amendments made by this section shall apply 
to taxable years beginning after December 31, 1995.

SEC. 1602. REPEAL OF EXCLUSION FOR INTEREST ON LOANS USED TO ACQUIRE 
                    EMPLOYER SECURITIES.

  (a) In General.--Section 133 (relating to interest on certain loans 
used to acquire employer securities) is hereby repealed.
  (b) Conforming Amendments.--
          (1) Subparagraph (B) of section 291(e)(1) is amended by 
        striking clause (iv) and by redesignating clause (v) as clause 
        (iv).
          (2) Section 812 is amended by striking subsection (g).
          (3) Paragraph (5) of section 852(b) is amended by striking 
        subparagraph (C).
          (4) Paragraph (2) of section 4978(b) is amended by striking 
        subparagraph (A) and all that follows and inserting the 
        following:
                  ``(A) first from qualified securities to which 
                section 1042 applied acquired during the 3-year period 
                ending on the date of the disposition, beginning with 
                the securities first so acquired, and
                  ``(B) then from any other employer securities.
        If subsection (d) applies to a disposition, the disposition 
        shall be treated as made from employer securities in the 
        opposite order of the preceding sentence.''.
          (5)(A) Section 4978B (relating to tax on disposition of 
        employer securities to which section 133 applied) is hereby 
        repealed.
          (B) The table of sections for chapter 43 is amended by 
        striking the item relating to section 4978B.
          (6) Subsection (e) of section 6047 is amended by striking 
        paragraphs (1), (2), and (3) and inserting the following new 
        paragraphs:
          ``(1) any employer maintaining, or the plan administrator 
        (within the meaning of section 414(g)) of, an employee stock 
        ownership plan which holds stock with respect to which section 
        404(k) applies to dividends paid on such stock, or
          ``(2) both such employer or plan administrator,''.
          (7) Subsection (f) of section 7872 is amended by striking 
        paragraph (12).
          (8) The table of sections for part III of subchapter B of 
        chapter 1 is amended by striking the item relating to section 
        133.
  (c) Effective Date.--
          (1) In general.--The amendments made by this section shall 
        apply to loans made after October 13, 1995.
          (2) Refinancings.--The amendments made by this section shall 
        not apply to loans made after October 13, 1995, to refinance 
        securities acquisition loans (determined without regard to 
        section 133(b)(1)(B) of the Internal Revenue Code of 1986, as 
        in effect on the day before the date of the enactment of this 
        Act) made on or before such date or to refinance loans 
        described in this paragraph if--
                  (A) the refinancing loans meet the requirements of 
                section 133 of such Code (as so in effect),
                  (B) immediately after the refinancing the principal 
                amount of the loan resulting from the refinancing does 
                not exceed the principal amount of the refinanced loan 
                (immediately before the refinancing), and
                  (C) the term of such refinancing loan does not extend 
                beyond the last day of the term of the original 
                securities acquisition loan.
        For purposes of this paragraph, the term ``securities 
        acquisition loan'' includes a loan from a corporation to an 
        employee stock ownership plan described in section 133(b)(3) of 
        such Code (as so in effect).
          (3) Exception.--Any loan made pursuant to a binding written 
        contract in effect on October 13, 1995, and at all times 
        thereafter before such loan is made, shall be treated for 
        purposes of paragraphs (1) and (2) as a loan made before such 
        date.

SEC. 1603. CERTAIN AMOUNTS DERIVED FROM FOREIGN CORPORATIONS TREATED AS 
                    UNRELATED BUSINESS TAXABLE INCOME.

  (a) General Rule.--Subsection (b) of section 512 (relating to 
modifications) is amended by adding at the end the following new 
paragraph:
          ``(17) Treatment of certain amounts derived from foreign 
        corporations.--
                  ``(A) In general.--Notwithstanding paragraph (1), any 
                amount included in gross income under section 
                951(a)(1)(A) shall be included as an item of gross 
                income derived from an unrelated trade or business to 
                the extent the amount so included is attributable to 
                insurance income (as defined in section 953) which, if 
                derived directly by the organization, would be treated 
                as gross income from an unrelated trade or business. 
                There shall be allowed all deductions directly 
                connected with amounts included in gross income under 
                the preceding sentence.
                  ``(B) Exception.--Subparagraph (A) shall not apply to 
                income attributable to a policy of insurance or 
                reinsurance with respect to which the person (directly 
                or indirectly) insured is--
                          ``(i) such organization,
                          ``(ii) an affiliate of such organization 
                        which is exempt from tax under section 501(a), 
                        or
                          ``(iii) a director or officer of, or an 
                        individual who (directly or indirectly) 
                        performs services for, such organization or 
                        affiliate but only if the insurance covers 
                        primarily risks associated with the performance 
                        of services in connection with such 
                        organization or affiliate.
                For purposes of this subparagraph, the determination as 
                to whether an entity is an affiliate of an organization 
                shall be made under rules similar to the rules of 
                section 168(h)(4)(B).
                  ``(C) Regulations.--The Secretary shall prescribe 
                such regulations as may be necessary or appropriate to 
                carry out the purposes of this paragraph, including 
                regulations for the application of this paragraph in 
                the case of income paid through 1 or more entities or 
                between 2 or more chains of entities.''
  (b) Effective Date.--The amendment made by this section shall apply 
to amounts included in gross income in any taxable year beginning after 
December 31, 1995.

SEC. 1604. DEPRECIATION UNDER INCOME FORECAST METHOD.

  (a) General Rule.--Section 167 (relating to depreciation) is amended 
by redesignating subsection (g) as subsection (h) and by inserting 
after subsection (f) the following new subsection:
  ``(g) Depreciation Under Income Forecast Method.--
          ``(1) In general.--If the depreciation deduction allowable 
        under this section to any taxpayer with respect to any property 
        is determined under the income forecast method or any similar 
        method--
                  ``(A) the income from the property to be taken into 
                account in determining the depreciation deduction under 
                such method shall be equal to the amount of income 
                earned in connection with the property before the close 
                of the 10th taxable year following the taxable year in 
                which the property was placed in service,
                  ``(B) the adjusted basis of the property shall only 
                include amounts with respect to which the requirements 
                of section 461(h) are satisfied,
                  ``(C) the depreciation deduction under such method 
                for the 10th taxable year beginning after the taxable 
                year in which the property was placed in service shall 
                be equal to the adjusted basis of such property as of 
                the beginning of such 10th taxable year, and
                  ``(D) such taxpayer shall pay (or be entitled to 
                receive) interest computed under the look-back method 
                of paragraph (2) for any recomputation year.
          ``(2) Look-back method.--The interest computed under the 
        look-back method of this paragraph for any recomputation year 
        shall be determined by--
                  ``(A) first determining the depreciation deductions 
                under this section with respect to such property which 
                would have been allowable for prior taxable years if 
                the determination of the amounts so allowable had been 
                made on the basis of the sum of the following (instead 
                of the estimated income from such property)--
                          ``(i) the actual income earned in connection 
                        with such property for periods before the close 
                        of the recomputation year, and
                          ``(ii) an estimate of the future income to be 
                        earned in connection with such property for 
                        periods after the recomputation year and before 
                        the close of the 10th taxable year following 
                        the taxable year in which the property was 
                        placed in service,
                  ``(B) second, determining (solely for purposes of 
                computing such interest) the overpayment or 
                underpayment of tax for each such prior taxable year 
                which would result solely from the application of 
                subparagraph (A), and
                  ``(C) then using the adjusted overpayment rate (as 
                defined in section 460(b)(7)), compounded daily, on the 
                overpayment or underpayment determined under 
                subparagraph (B).
        For purposes of the preceding sentence, any cost incurred after 
        the property is placed in service (which is not treated as a 
        separate property under paragraph (5)) shall be taken into 
        account by discounting (using the Federal mid-term rate 
        determined under section 1274(d) as of the time such cost is 
        incurred) such cost to its value as of the date the property is 
        placed in service. The taxpayer may elect with respect to any 
        property to have the preceding sentence not apply to such 
        property.
          ``(3) Exception from look-back method.--Paragraph (1)(D) 
        shall not apply with respect to any property which, when placed 
        in service by the taxpayer, had a basis of $100,000 or less.
          ``(4) Recomputation year.--For purposes of this subsection, 
        except as provided in regulations, the term `recomputation 
        year' means, with respect to any property, the 3d and the 10th 
        taxable years beginning after the taxable year in which the 
        property was placed in service, unless the actual income earned 
        in connection with the property for the period before the close 
        of such 3d or 10th taxable year is within 10 percent of the 
        income earned in connection with the property for such period 
        which was taken into account under paragraph (1)(A).
          ``(5) Special rules.--
                  ``(A) Certain costs treated as separate property.--
                For purposes of this subsection, the following costs 
                shall be treated as separate properties:
                          ``(i) Any costs incurred with respect to any 
                        property after the 10th taxable year beginning 
                        after the taxable year in which the property 
                        was placed in service.
                          ``(ii) Any costs incurred after the property 
                        is placed in service and before the close of 
                        such 10th taxable year if such costs are 
                        significant and give rise to a significant 
                        increase in the income from the property which 
                        was not included in the estimated income from 
                        the property.
                  ``(B) Syndication income from television series.--In 
                the case of property which is an episode in a 
                television series, income from syndicating such series 
                shall not be required to be taken into account under 
                this subsection before the earlier of--
                          ``(i) the 4th taxable year beginning after 
                        the date the first episode in such series is 
                        placed in service, or
                          ``(ii) the earliest taxable year in which the 
                        taxpayer has an arrangement relating to the 
                        future syndication of such series.
                  ``(C) Special rules for financial exploitation of 
                characters, etc.--For purposes of this subsection, in 
                the case of television and motion picture films, the 
                income from the property shall include income from the 
                exploitation of characters, designs, scripts, scores, 
                and other incidental income associated with such films, 
                but only to the extent that such income is earned in 
                connection with the ultimate use of such items by, or 
                the ultimate sale of merchandise to, persons who are 
                not related persons (within the meaning of section 
                267(b)) to the taxpayer.
                  ``(D) Collection of interest.--For purposes of 
                subtitle F (other than sections 6654 and 6655), any 
                interest required to be paid by the taxpayer under 
                paragraph (1) for any recomputation year shall be 
                treated as an increase in the tax imposed by this 
                chapter for such year.
                  ``(E) Determinations.--For purposes of paragraph (2), 
                determinations of the amount of income earned in 
                connection with any property shall be made in the same 
                manner as for purposes of applying the income forecast 
                method; except that any income from the disposition of 
                such property shall be taken into account.
                  ``(F) Treatment of pass-thru entities.--Rules similar 
                to the rules of section 460(b)(4) shall apply for 
                purposes of this subsection.''
  (b) Effective Date.--
          (1) In general.--The amendment made by subsection (a) shall 
        apply to property placed in service after September 13, 1995.
          (2) Binding contracts.--The amendment made by subsection (a) 
        shall not apply to any property produced or acquired by the 
        taxpayer pursuant to a written contract which was binding on 
        September 13, 1995, and at all times thereafter before such 
        production or acquisition.

SEC. 1605. REPEAL OF EXCLUSION FOR PUNITIVE DAMAGES AND FOR DAMAGES NOT 
                    ATTRIBUTABLE TO PHYSICAL INJURIES OR SICKNESS.

  (a) In General.--Paragraph (2) of section 104(a) (relating to 
compensation for injuries or sickness) is amended to read as follows:
          ``(2) the amount of any damages (other than punitive damages) 
        received (whether by suit or agreement and whether as lump sums 
        or as periodic payments) on account of personal physical 
        injuries or physical sickness;''.
  (b) Emotional Distress as Such Treated as Not Physical Injury or 
Physical Sickness.--Section 104(a) is amended by striking the last 
sentence and inserting the following new sentence: ``For purposes of 
paragraph (2), emotional distress shall not be treated as a physical 
injury or physical sickness. The preceding sentence shall not apply to 
an amount of damages not in excess of the amount paid for medical care 
(described in subparagraph (A) or (B) of section 213(d)(1)) 
attributable to emotional distress.''.
  (c) Application of Prior Law for States in Which Only Punitive 
Damages May Be Awarded in Wrongful Death Actions.--Section 104 is 
amended by redesignating subsection (c) as subsection (d) and by 
inserting after subsection (b) the following new subsection:
  ``(c) Application of Prior Law in Certain Cases.--The phrase `(other 
than punitive damages)' shall not apply to punitive damages awarded in 
a civil action--
          ``(1) which is a wrongful death action, and
          ``(2) with respect to which applicable State law (as in 
        effect on September 13, 1995 and without regard to any 
        modification after such date) provides, or has been construed 
        to provide by a court of competent jurisdiction pursuant to a 
        decision issued on or before September 13, 1995, that only 
        punitive damages may be awarded in such an action.
This subsection shall cease to apply to any civil action filed on or 
after the first date on which the applicable State law ceases to 
provide (or is no longer construed to provide) the treatment described 
in paragraph (2).''
  (d) Effective Date.--
          (1) In general.--Except as provided in paragraph (2), the 
        amendments made by this section shall apply to amounts received 
        after June 30, 1996, in taxable years ending after such date.
          (2) Exception.--The amendments made by this section shall not 
        apply to any amount received under a written binding agreement, 
        court decree, or mediation award in effect on (or issued on or 
        before) September 13, 1995.

SEC. 1606. REPEAL OF DIESEL FUEL TAX REBATE TO PURCHASERS OF DIESEL-
                    POWERED AUTOMOBILES AND LIGHT TRUCKS.

  (a) In General.--Section 6427 (relating to fuels not used for taxable 
purposes) is amended by striking subsection (g).
  (b) Conforming Amendments.--
          (1) Paragraph (3) of section 34(a) is amended to read as 
        follows:
          ``(3) under section 6427 with respect to fuels used for 
        nontaxable purposes or resold during the taxable year 
        (determined without regard to section 6427(k)).''.
          (2) Paragraphs (1) and (2)(A) of section 6427(i) are each 
        amended--
                  (A) by striking ``(g),'', and
                  (B) by striking ``(or a qualified diesel powered 
                highway vehicle purchased)'' each place it appears.
  (c) Effective Date.--The amendments made by this section shall apply 
to vehicles purchased after the date of the enactment of this Act.

                   Subtitle G--Technical Corrections

SEC. 1701. COORDINATION WITH OTHER SUBTITLES.

  For purposes of applying the amendments made by any subtitle of this 
title other than this subtitle, the provisions of this subtitle shall 
be treated as having been enacted immediately before the provisions of 
such other subtitles.

SEC. 1702. AMENDMENTS RELATED TO REVENUE RECONCILIATION ACT OF 1990.

  (a) Amendments Related to Subtitle A.--
          (1) Subparagraph (B) of section 59(j)(3) is amended by 
        striking ``section 1(i)(3)(B)'' and inserting ``section 
        1(g)(3)(B)''.
          (2) Clause (i) of section 151(d)(3)(C) is amended by striking 
        ``joint of a return'' and inserting ``joint return''.
  (b) Amendments Related to Subtitle B.--
          (1) Paragraph (1) of section 11212(e) of the Revenue 
        Reconciliation Act of 1990 is amended by striking ``Paragraph 
        (1) of section 6724(d)'' and inserting ``Subparagraph (B) of 
        section 6724(d)(1)''.
          (2)(A) Subparagraph (B) of section 4093(c)(2), as in effect 
        before the amendments made by the Revenue Reconciliation Act of 
        1993, is amended by inserting before the period ``unless such 
        fuel is sold for exclusive use by a State or any political 
        subdivision thereof''.
          (B) Paragraph (4) of section 6427(l), as in effect before the 
        amendments made by the Revenue Reconciliation Act of 1993, is 
        amended by inserting before the period ``unless such fuel was 
        used by a State or any political subdivision thereof''.
          (3) Paragraph (1) of section 6416(b) is amended by striking 
        ``chapter 32 or by section 4051'' and inserting ``chapter 31 or 
        32''.
          (4) Section 7012 is amended--
                  (A) by striking ``production or importation of 
                gasoline'' in paragraph (3) and inserting ``taxes on 
                gasoline and diesel fuel'', and
                  (B) by striking paragraph (4) and redesignating 
                paragraphs (5) and (6) as paragraphs (4) and (5), 
                respectively.
          (5) Subsection (c) of section 5041 is amended by striking 
        paragraph (6) and by inserting the following new paragraphs:
          ``(6) Credit for transferee in bond.--If--
                  ``(A) wine produced by any person would be eligible 
                for any credit under paragraph (1) if removed by such 
                person during the calendar year,
                  ``(B) wine produced by such person is removed during 
                such calendar year by any other person (hereafter in 
                this paragraph referred to as the `transferee') to whom 
                such wine was transferred in bond and who is liable for 
                the tax imposed by this section with respect to such 
                wine, and
                  ``(C) such producer holds title to such wine at the 
                time of its removal and provides to the transferee such 
                information as is necessary to properly determine the 
                transferee's credit under this paragraph,
        then, the transferee (and not the producer) shall be allowed 
        the credit under paragraph (1) which would be allowed to the 
        producer if the wine removed by the transferee had been removed 
        by the producer on that date.
          ``(7) Regulations.--The Secretary may prescribe such 
        regulations as may be necessary to carry out the purposes of 
        this subsection, including regulations--
                  ``(A) to prevent the credit provided in this 
                subsection from benefiting any person who produces more 
                than 250,000 wine gallons during a calendar year, and
                  ``(B) to assure proper reduction of such credit for 
                persons producing more than 150,000 wine gallons of 
                wine during a calendar year.''
          (6) Paragraph (3) of section 5061(b) is amended to read as 
        follows:
          ``(3) section 5041(f),''.
          (7) Section 5354 is amended by inserting ``(taking into 
        account the appropriate amount of credit with respect to such 
        wine under section 5041(c))'' after ``any one time''.
  (c) Amendments Related to Subtitle C.--
          (1) Paragraph (4) of section 56(g) is amended by 
        redesignating subparagraphs (I) and (J) as subparagraphs (H) 
        and (I), respectively.
          (2) Subparagraph (B) of section 6724(d)(1) is amended--
                  (A) by striking ``or'' at the end of clause (xii), 
                and
                  (B) by striking the period at the end of clause 
                (xiii) and inserting ``, or''.
          (3) Subsection (g) of section 6302 is amended by inserting 
        ``, 22,'' after ``chapters 21''.
          (4) The earnings and profits of any insurance company to 
        which section 11305(c)(3) of the Revenue Reconciliation Act of 
        1990 applies shall be determined without regard to any 
        deduction allowed under such section; except that, for purposes 
        of applying sections 56 and 902, and subpart F of part III of 
        subchapter N of chapter 1 of the Internal Revenue Code of 1986, 
        such deduction shall be taken into account.
          (5) Subparagraph (D) of section 6038A(e)(4) is amended--
                  (A) by striking ``any transaction to which the 
                summons relates'' and inserting ``any affected taxable 
                year'', and
                  (B) by adding at the end thereof the following new 
                sentence: ``For purposes of this subparagraph, the term 
                `affected taxable year' means any taxable year if the 
                determination of the amount of tax imposed for such 
                taxable year is affected by the treatment of the 
                transaction to which the summons relates.''.
          (6) Subparagraph (A) of section 6621(c)(2) is amended by 
        adding at the end thereof the following new flush sentence:
                ``The preceding sentence shall be applied without 
                regard to any such letter or notice which is withdrawn 
                by the Secretary.''.
          (7) Clause (i) of section 6621(c)(2)(B) is amended by 
        striking ``this subtitle'' and inserting ``this title''.
  (d) Amendments Related to Subtitle D.--
          (1) Notwithstanding section 11402(c) of the Revenue 
        Reconciliation Act of 1990, the amendment made by section 
        11402(b)(1) of such Act shall apply to taxable years ending 
        after December 31, 1989.
          (2) Clause (ii) of section 143(m)(4)(C) is amended--
                  (A) by striking ``any month of the 10-year period'' 
                and inserting ``any year of the 4-year period'',
                  (B) by striking ``succeeding months'' and inserting 
                ``succeeding years'', and
                  (C) by striking ``over the remainder of such period 
                (or, if lesser, 5 years)'' and inserting ``to zero over 
                the succeeding 5 years''.
  (e) Amendments Related to Subtitle E.--
          (1)(A) Clause (ii) of section 56(d)(1)(B) is amended to read 
        as follows:
                          ``(ii) appropriate adjustments in the 
                        application of section 172(b)(2) shall be made 
                        to take into account the limitation of 
                        subparagraph (A).''
          (B) For purposes of applying sections 56(g)(1) and 56(g)(3) 
        of the Internal Revenue Code of 1986 with respect to taxable 
        years beginning in 1991 and 1992, the reference in such 
        sections to the alternative tax net operating loss deduction 
        shall be treated as including a reference to the deduction 
        under section 56(h) of such Code as in effect before the 
        amendments made by section 1915 of the Energy Policy Act of 
        1992.
          (2) Clause (i) of section 613A(c)(3)(A) is amended by 
        striking ``the table contained in''.
          (3) Section 6501 is amended--
                  (A) by striking subsection (m) (relating to 
                deficiency attributable to election under section 44B) 
                and by redesignating subsections (n) and (o) as 
                subsections (m) and (n), respectively, and
                  (B) by striking ``section 40(f) or 51(j)'' in 
                subsection (m) (as redesignated by subparagraph (A)) 
                and inserting ``section 40(f), 43, or 51(j)''.
          (4) Subparagraph (C) of section 38(c)(2) (as in effect on the 
        day before the date of the enactment of the Revenue 
        Reconciliation Act of 1990) is amended by inserting before the 
        period at the end of the first sentence the following: ``and 
        without regard to the deduction under section 56(h)''.
          (5) The amendment made by section 1913(b)(2)(C)(i) of the 
        Energy Policy Act of 1992 shall apply to taxable years 
        beginning after December 31, 1990.
  (f) Amendments Related to Subtitle F.--
          (1)(A) Section 2701(a)(3) is amended by adding at the end 
        thereof the following new subparagraph:
                  ``(C) Valuation of qualified payments where no 
                liquidation, etc. rights.--In the case of an applicable 
                retained interest which is described in subparagraph 
                (B)(i) but not subparagraph (B)(ii), the value of the 
                distribution right shall be determined without regard 
                to this section.''
          (B) Section 2701(a)(3)(B) is amended by inserting ``certain'' 
        before ``qualified'' in the heading thereof.
          (C) Sections 2701 (d)(1) and (d)(4) are each amended by 
        striking ``subsection (a)(3)(B)'' and inserting ``subsection 
        (a)(3) (B) or (C)''.
          (2) Clause (i) of section 2701(a)(4)(B) is amended by 
        inserting ``(or, to the extent provided in regulations, the 
        rights as to either income or capital)'' after ``income and 
        capital''.
          (3)(A) Section 2701(b)(2) is amended by adding at the end 
        thereof the following new subparagraph:
                  ``(C) Applicable family member.--For purposes of this 
                subsection, the term `applicable family member' 
                includes any lineal descendant of any parent of the 
                transferor or the transferor's spouse.''
          (B) Section 2701(e)(3) is amended--
                  (i) by striking subparagraph (B), and
                  (ii) by striking so much of paragraph (3) as precedes 
                ``shall be treated as holding'' and inserting:
          ``(3) Attribution of indirect holdings and transfers.--An 
        individual''.
          (C) Section 2704(c)(3) is amended by striking ``section 
        2701(e)(3)(A)'' and inserting ``section 2701(e)(3)''.
          (4) Clause (i) of section 2701(c)(1)(B) is amended to read as 
        follows:
                          ``(i) a right to distributions with respect 
                        to any interest which is junior to the rights 
                        of the transferred interest,''.
          (5)(A) Clause (i) of section 2701(c)(3)(C) is amended to read 
        as follows:
                          ``(i) In general.--Payments under any 
                        interest held by a transferor which (without 
                        regard to this subparagraph) are qualified 
                        payments shall be treated as qualified payments 
                        unless the transferor elects not to treat such 
                        payments as qualified payments. Payments 
                        described in the preceding sentence which are 
                        held by an applicable family member shall be 
                        treated as qualified payments only if such 
                        member elects to treat such payments as 
                        qualified payments.''
          (B) The first sentence of section 2701(c)(3)(C)(ii) is 
        amended to read as follows: ``A transferor or applicable family 
        member holding any distribution right which (without regard to 
        this subparagraph) is not a qualified payment may elect to 
        treat such right as a qualified payment, to be paid in the 
        amounts and at the times specified in such election.''.
          (C) The time for making an election under the second sentence 
        of section 2701(c)(3)(C)(i) of the Internal Revenue Code of 
        1986 (as amended by subparagraph (A)) shall not expire before 
        the due date (including extensions) for filing the transferor's 
        return of the tax imposed by section 2501 of such Code for the 
        first calendar year ending after the date of enactment.
          (6) Section 2701(d)(3)(A)(iii) is amended by striking ``the 
        period ending on the date of''.
          (7) Subclause (I) of section 2701(d)(3)(B)(ii) is amended by 
        inserting ``or the exclusion under section 2503(b),'' after 
        ``section 2523,''.
          (8) Section 2701(e)(5) is amended--
                  (A) by striking ``such contribution to capital or 
                such redemption, recapitalization, or other change'' in 
                subparagraph (A) and inserting ``such transaction'', 
                and
                  (B) by striking ``the transfer'' in subparagraph (B) 
                and inserting ``such transaction''.
          (9) Section 2701(d)(4) is amended by adding at the end 
        thereof the following new subparagraph:
                  ``(C) Transfer to transferors.--In the case of a 
                taxable event described in paragraph (3)(A)(ii) 
                involving a transfer of an applicable retained interest 
                from an applicable family member to a transferor, this 
                subsection shall continue to apply to the transferor 
                during any period the transferor holds such interest.''
          (10) Section 2701(e)(6) is amended by inserting ``or to 
        reflect the application of subsection (d)'' before the period 
        at the end thereof.
          (11)(A) Section 2702(a)(3)(A) is amended--
                  (i) by striking ``to the extent'' and inserting 
                ``if'' in clause (i),
                  (ii) by striking ``or'' at the end of clause (i),
                  (iii) by striking the period at the end of clause 
                (ii) and inserting ``, or'', and
                  (iv) by adding at the end thereof the following new 
                clause:
                          ``(iii) to the extent that regulations 
                        provide that such transfer is not inconsistent 
                        with the purposes of this section.''
          (B)(i) Section 2702(a)(3) is amended by striking ``incomplete 
        transfer'' each place it appears and inserting ``incomplete 
        gift''.
          (ii) The heading for section 2702(a)(3)(B) is amended by 
        striking ``Incomplete transfer'' and inserting ``Incomplete 
        gift''.
  (g) Amendments Related to Subtitle G.--
          (1)(A) Subsection (a) of section 1248 is amended--
                  (i) by striking ``, or if a United States person 
                receives a distribution from a foreign corporation 
                which, under section 302 or 331, is treated as an 
                exchange of stock'' in paragraph (1), and
                  (ii) by adding at the end thereof the following new 
                sentence: ``For purposes of this section, a United 
                States person shall be treated as having sold or 
                exchanged any stock if, under any provision of this 
                subtitle, such person is treated as realizing gain from 
                the sale or exchange of such stock.''.
          (B) Paragraph (1) of section 1248(e) is amended by striking 
        ``, or receives a distribution from a domestic corporation 
        which, under section 302 or 331, is treated as an exchange of 
        stock''.
          (C) Subparagraph (B) of section 1248(f)(1) is amended by 
        striking ``or 361(c)(1)'' and inserting ``355(c)(1), or 
        361(c)(1)''.
          (D) Paragraph (1) of section 1248(i) is amended to read as 
        follows:
          ``(1) In general.--If any shareholder of a 10-percent 
        corporate shareholder of a foreign corporation exchanges stock 
        of the 10-percent corporate shareholder for stock of the 
        foreign corporation, such 10-percent corporate shareholder 
        shall recognize gain in the same manner as if the stock of the 
        foreign corporation received in such exchange had been--
                  ``(A) issued to the 10-percent corporate shareholder, 
                and
                  ``(B) then distributed by the 10-percent corporate 
                shareholder to such shareholder in redemption or 
                liquidation (whichever is appropriate).
        The amount of gain recognized by such 10-percent corporate 
        shareholder under the preceding sentence shall not exceed the 
        amount treated as a dividend under this section.''
          (2) Section 897 is amended by striking subsection (f).
          (3) Paragraph (13) of section 4975(d) is amended by striking 
        ``section 408(b)'' and inserting ``section 408(b)(12)''.
          (4) Clause (iii) of section 56(g)(4)(D) is amended by 
        inserting ``, but only with respect to taxable years beginning 
        after December 31, 1989'' before the period at the end thereof.
          (5)(A) Paragraph (11) of section 11701(a) of the Revenue 
        Reconciliation Act of 1990 (and the amendment made by such 
        paragraph) are hereby repealed, and section 7108(r)(2) of the 
        Revenue Reconciliation Act of 1989 shall be applied as if such 
        paragraph (and amendment) had never been enacted.
          (B) Subparagraph (A) shall not apply to any building if the 
        owner of such building establishes to the satisfaction of the 
        Secretary of the Treasury or his delegate that such owner 
        reasonably relied on the amendment made by such paragraph (11).
  (h) Amendments Related to Subtitle H.--
          (1)(A) Clause (vi) of section 168(e)(3)(B) is amended by 
        striking ``or'' at the end of subclause (I), by striking the 
        period at the end of subclause (II) and inserting ``, or'', and 
        by adding at the end thereof the following new subclause:
                                  ``(III) is described in section 
                                48(l)(3)(A)(ix) (as in effect on the 
                                day before the date of the enactment of 
                                the Revenue Reconciliation Act of 
                                1990).''
          (B) Subparagraph (B) of section 168(e)(3) (relating to 5-year 
        property) is amended by adding at the end the following flush 
        sentence:
                ``Nothing in any provision of law shall be construed to 
                treat property as not being described in clause (vi)(I) 
                (or the corresponding provisions of prior law) by 
                reason of being public utility property (within the 
                meaning of section 48(a)(3)).''
          (C) Subparagraph (K) of section 168(g)(4) is amended by 
        striking ``section 48(a)(3)(A)(iii)'' and inserting ``section 
        48(l)(3)(A)(ix) (as in effect on the day before the date of the 
        enactment of the Revenue Reconciliation Act of 1990)''.
          (2) Clause (ii) of section 172(b)(1)(E) is amended by 
        striking ``subsection (m)'' and inserting ``subsection (h)''.
          (3) Sections 805(a)(4)(E), 832(b)(5)(C)(ii)(II), and 
        832(b)(5)(D)(ii)(II) are each amended by striking ``243(b)(5)'' 
        and inserting ``243(b)(2)''.
          (4) Subparagraph (A) of section 243(b)(3) is amended by 
        inserting ``of'' after ``In the case''.
          (5) The subsection heading for subsection (a) of section 280F 
        is amended by striking ``Investment Tax Credit and''.
          (6) Clause (i) of section 1504(c)(2)(B) is amended by 
        inserting ``section'' before ``243(b)(2)''.
          (7) Paragraph (3) of section 341(f) is amended by striking 
        ``351, 361, 371(a), or 374(a)'' and inserting ``351, or 361''.
          (8) Paragraph (2) of section 243(b) is amended to read as 
        follows:
          ``(2) Affiliated group.--For purposes of this subsection:
                  ``(A) In general.--The term `affiliated group' has 
                the meaning given such term by section 1504(a), except 
                that for such purposes sections 1504(b)(2), 1504(b)(4), 
                and 1504(c) shall not apply.
                  ``(B) Group must be consistent in foreign tax 
                treatment.--The requirements of paragraph (1)(A) shall 
                not be treated as being met with respect to any 
                dividend received by a corporation if, for any taxable 
                year which includes the day on which such dividend is 
                received--
                          ``(i) 1 or more members of the affiliated 
                        group referred to in paragraph (1)(A) choose to 
                        any extent to take the benefits of section 901, 
                        and
                          ``(ii) 1 or more other members of such group 
                        claim to any extent a deduction for taxes 
                        otherwise creditable under section 901.''
          (9) The amendment made by section 11813(b)(17) of the Revenue 
        Reconciliation Act of 1990 shall be applied as if the material 
        stricken by such amendment included the closing parenthesis 
        after ``section 48(a)(5)''.
          (10) Paragraph (1) of section 179(d) is amended by striking 
        ``in a trade or business'' and inserting ``a trade or 
        business''.
          (11) Subparagraph (E) of section 50(a)(2) is amended by 
        striking ``section 48(a)(5)(A)'' and inserting ``section 
        48(a)(5)''.
          (12) The amendment made by section 11801(c)(9)(G)(ii) of the 
        Revenue Reconciliation Act of 1990 shall be applied as if it 
        struck ``Section 422A(c)(2)'' and inserted ``Section 
        422(c)(2)''.
          (13) Subparagraph (B) of section 424(c)(3) is amended by 
        striking ``a qualified stock option, an incentive stock option, 
        an option granted under an employee stock purchase plan, or a 
        restricted stock option'' and inserting ``an incentive stock 
        option or an option granted under an employee stock purchase 
        plan''.
          (14) Subparagraph (E) of section 1367(a)(2) is amended by 
        striking ``section 613A(c)(13)(B)'' and inserting ``section 
        613A(c)(11)(B)''.
          (15) Subparagraph (B) of section 460(e)(6) is amended by 
        striking ``section 167(k)'' and inserting ``section 
        168(e)(2)(A)(ii)''.
          (16) Subparagraph (C) of section 172(h)(4) is amended by 
        striking ``subsection (b)(1)(M)'' and inserting ``subsection 
        (b)(1)(E)''.
          (17) Section 6503 is amended--
                  (A) by redesignating the subsection relating to 
                extension in case of certain summonses as subsection 
                (j), and
                  (B) by redesignating the subsection relating to cross 
                references as subsection (k).
          (18) Paragraph (4) of section 1250(e) is hereby repealed.
  (i) Effective Date.--Except as otherwise expressly provided--
          (1) the amendments made by this section shall be treated as 
        amendments to the Internal Revenue Code of 1986 as amended by 
        the Revenue Reconciliation Act of 1993; and
          (2) any amendment made by this section shall apply to periods 
        before the date of the enactment of this section in the same 
        manner as if it had been included in the provision of the 
        Revenue Reconciliation Act of 1990 to which such amendment 
        relates.

SEC. 1703. AMENDMENTS RELATED TO REVENUE RECONCILIATION ACT OF 1993.

  (a) Amendment Related to Section 13114.--Paragraph (2) of section 
1044(c) is amended to read as follows:
          ``(2) Purchase.--The taxpayer shall be considered to have 
        purchased any property if, but for subsection (d), the 
        unadjusted basis of such property would be its cost within the 
        meaning of section 1012.''
  (b) Amendments Related to Section 13142.--
          (1) Subparagraph (B) of section 13142(b)(6) of the Revenue 
        Reconciliation Act of 1993 is amended to read as follows:
                  ``(B) Full-time students, waiver authority, and 
                prohibited discrimination.--The amendments made by 
                paragraphs (2), (3), and (4) shall take effect on the 
                date of the enactment of this Act.''
          (2) Subparagraph (C) of section 13142(b)(6) of such Act is 
        amended by striking ``paragraph (2)'' and inserting ``paragraph 
        (5)''.
  (c) Amendment Related to Section 13161.--
          (1) In general.--Subsection (e) of section 4001 (relating to 
        inflation adjustment) is amended to read as follows:
  ``(e) Inflation Adjustment.--
          ``(1) In general.--The $30,000 amount in subsection (a) and 
        section 4003(a) shall be increased by an amount equal to--
                  ``(A) $30,000, multiplied by
                  ``(B) the cost-of-living adjustment under section 
                1(f)(3) for the calendar year in which the vehicle is 
                sold, determined by substituting `calendar year 1990' 
                for `calendar year 1992' in subparagraph (B) thereof.
          ``(2) Rounding.--If any amount as adjusted under paragraph 
        (1) is not a multiple of $2,000, such amount shall be rounded 
        to the next lowest multiple of $2,000.''
          (2) Effective date.--The amendment made by paragraph (1) 
        shall take effect on the date of the enactment of this Act.
  (d) Amendment Related to Section 13201.--Clause (ii) of section 
135(b)(2)(B) is amended by inserting before the period at the end 
thereof the following: ``, determined by substituting `calendar year 
1989' for `calendar year 1992' in subparagraph (B) thereof''.
  (e) Amendments Related to Section 13203.--Subsection (a) of section 
59 is amended--
          (1) by striking ``the amount determined under section 
        55(b)(1)(A)'' in paragraph (1)(A) and (2)(A)(i) and inserting 
        ``the pre-credit tentative minimum tax'',
          (2) by striking ``specified in section 55(b)(1)(A)'' in 
        paragraph (1)(C) and inserting ``specified in subparagraph 
        (A)(i) or (B)(i) of section 55(b)(1) (whichever applies)'',
          (3) by striking ``which would be determined under section 
        55(b)(1)(A)'' in paragraph (2)(A)(ii) and inserting ``which 
        would be the pre-credit tentative minimum tax'', and
          (4) by adding at the end thereof the following new paragraph:
          ``(3) Pre-credit tentative minimum tax.--For purposes of this 
        subsection, the term `pre-credit tentative minimum tax' means--
                  ``(A) in the case of a taxpayer other than a 
                corporation, the amount determined under the first 
                sentence of section 55(b)(1)(A)(i), or
                  ``(B) in the case of a corporation, the amount 
                determined under section 55(b)(1)(B)(i).''
  (f) Amendment Related to Section 13221.--Sections 1201(a) and 1561(a) 
are each amended by striking ``last sentence'' each place it appears 
and inserting ``last 2 sentences''.
  (g) Amendments Related to Section 13222.--
          (1) Subparagraph (B) of section 6033(e)(1) is amended by 
        adding at the end thereof the following new clause:
                          ``(iii) Coordination with section 527(f).--
                        This subsection shall not apply to any amount 
                        on which tax is imposed by reason of section 
                        527(f).''.
          (2) Clause (i) of section 6033(e)(1)(B) is amended by 
        striking ``this subtitle'' and inserting ``section 501''.
  (h) Amendment Related to Section 13225.--Paragraph (3) of section 
6655(g) is amended by striking all that follows `` `3rd month' '' in 
the sentence following subparagraph (C) and inserting ``, subsection 
(e)(2)(A) shall be applied by substituting `2 months' for `3 months' in 
clause (i)(I), the election under clause (i) of subsection (e)(2)(C) 
may be made separately for each installment, and clause (ii) of 
subsection (e)(2)(C) shall not apply.''.
  (i) Amendments Related to Section 13231.--
          (1) Subparagraph (G) of section 904(d)(3) is amended by 
        striking ``section 951(a)(1)(B)'' and inserting ``subparagraph 
        (B) or (C) of section 951(a)(1)''.
          (2) Paragraph (1) of section 956A(b) is amended to read as 
        follows:
          ``(1) the amount (not including a deficit) referred to in 
        section 316(a)(1) to the extent such amount was accumulated in 
        prior taxable years beginning after September 30, 1993, and''.
          (3) Subsection (f) of section 956A is amended by inserting 
        before the period at the end thereof: ``and regulations 
        coordinating the provisions of subsections (c)(3)(A) and (d)''.
          (4) Subsection (b) of section 958 is amended by striking 
        ``956(b)(2)'' each place it appears and inserting 
        ``956(c)(2)''.
          (5)(A) Subparagraph (A) of section 1297(d)(2) is amended by 
        striking ``The adjusted basis of any asset'' and inserting 
        ``The amount taken into account under section 1296(a)(2) with 
        respect to any asset''.
          (B) The paragraph heading of paragraph (2) of section 1297(d) 
        is amended to read as follows:
          ``(2) Amount taken into account.--''.
          (6) Subsection (e) of section 1297 is amended by inserting 
        ``For purposes of this part--'' after the subsection heading.
  (j) Amendment Related to Section 13241.--Subparagraph (B) of section 
40(e)(1) is amended to read as follows:
                  ``(B) for any period before January 1, 2001, during 
                which the rates of tax under section 4081(a)(2)(A) are 
                4.3 cents per gallon.''
  (k) Amendment Related to Section 13261.--Clause (iii) of section 
13261(g)(2)(A) of the Revenue Reconciliation Act of 1993 is amended by 
striking ``by the taxpayer'' and inserting ``by the taxpayer or a 
related person''.
  (l) Amendment Related to Section 13301.--Subparagraph (B) of section 
1397B(d)(5) is amended by striking ``preceding''.
  (m) Clerical Amendments.--
          (1) Subsection (d) of section 39 is amended--
                  (A) by striking ``45'' in the heading of paragraph 
                (5) and inserting ``45A'', and
                  (B) by striking ``45'' in the heading of paragraph 
                (6) and inserting ``45B''.
          (2) Subparagraph (A) of section 108(d)(9) is amended by 
        striking ``paragraph (3)(B)'' and inserting ``paragraph 
        (3)(C)''.
          (3) Subparagraph (C) of section 143(d)(2) is amended by 
        striking the period at the end thereof and inserting a comma.
          (4) Clause (ii) of section 163(j)(6)(E) is amended by 
        striking ``which is a'' and inserting ``which is''.
          (5) Subparagraph (A) of section 1017(b)(4) is amended by 
        striking ``subsection (b)(2)(D)'' and inserting ``subsection 
        (b)(2)(E)''.
          (6) So much of section 1245(a)(3) as precedes subparagraph 
        (A) thereof is amended to read as follows:
          ``(3) Section 1245 property.--For purposes of this section, 
        the term `section 1245 property' means any property which is or 
        has been property of a character subject to the allowance for 
        depreciation provided in section 167 and is either--''.
          (7) Paragraph (2) of section 1394(e) is amended--
                  (A) by striking ``(i)'' and inserting ``(A)'', and
                  (B) by striking ``(ii)'' and inserting ``(B)''.
          (8) Subsection (m) of section 6501 (as redesignated by 
        section 1602) is amended by striking ``or 51(j)'' and inserting 
        ``45B, or 51(j)''.
          (9)(A) The section 6714 added by section 13242(b)(1) of the 
        Revenue Reconciliation Act of 1993 is hereby redesignated as 
        section 6715.
          (B) The table of sections for part I of subchapter B of 
        chapter 68 is amended by striking ``6714'' in the item added by 
        such section 13242(b)(2) of such Act and inserting ``6715''.
          (10) Paragraph (2) of section 9502(b) is amended by inserting 
        ``and before'' after ``1982,''.
          (11) Subsection (a)(3) of section 13206 of the Revenue 
        Reconciliation Act of 1993 is amended by striking ``this 
        section'' and inserting ``this subsection''.
          (12) Paragraph (1) of section 13215(c) of the Revenue 
        Reconciliation Act of 1993 is amended by striking ``Public Law 
        92-21'' and inserting ``Public Law 98-21''.
          (13) Paragraph (2) of section 13311(e) of the Revenue 
        Reconciliation Act of 1993 is amended by striking ``section 
        1393(a)(3)'' and inserting ``section 1393(a)(2)''.
          (14) Subparagraph (B) of section 117(d)(2) is amended by 
        striking ``section 132(f)'' and inserting ``section 132(h)''.
  (n) Effective Date.--Any amendment made by this section shall take 
effect as if included in the provision of the Revenue Reconciliation 
Act of 1993 to which such amendment relates.

SEC. 1704. MISCELLANEOUS PROVISIONS.

  (a) Application of Amendments Made by Title XII of Omnibus Budget 
Reconciliation Act of 1990.--Except as otherwise expressly provided, 
whenever in title XII of the Omnibus Budget Reconciliation Act of 1990 
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.
  (b) Treatment of Certain Amounts Under Hedge Bond Rules.--
          (1) Clause (iii) of section 149(g)(3)(B) is amended to read 
        as follows:
                          ``(iii) Amounts held pending reinvestment or 
                        redemption.--Amounts held for not more than 30 
                        days pending reinvestment or bond redemption 
                        shall be treated as invested in bonds described 
                        in clause (i).''
          (2) The amendment made by paragraph (1) shall take effect as 
        if included in the amendments made by section 7651 of the 
        Omnibus Budget Reconciliation Act of 1989.
  (c) Treatment of Certain Distributions Under Section 1445.--
          (1) In general.--Paragraph (3) of section 1445(e) is amended 
        by adding at the end thereof the following new sentence: 
        ``Rules similar to the rules of the preceding provisions of 
        this paragraph shall apply in the case of any distribution to 
        which section 301 applies and which is not made out of the 
        earnings and profits of such a domestic corporation.''
          (2) Effective date.--The amendment made by paragraph (1) 
        shall apply to distributions after the date of the enactment of 
        this Act.
  (d) Treatment of Certain Credits Under Section 469.--
          (1) In general.--Subparagraph (B) of section 469(c)(3) is 
        amended by adding at the end thereof the following new 
        sentence: ``If the preceding sentence applies to the net income 
        from any property for any taxable year, any credits allowable 
        under subpart B (other than section 27(a)) or D of part IV of 
        subchapter A for such taxable year which are attributable to 
        such property shall be treated as credits not from a passive 
        activity to the extent the amount of such credits does not 
        exceed the regular tax liability of the taxpayer for the 
        taxable year which is allocable to such net income.''
          (2) Effective date.--The amendment made by paragraph (1) 
        shall apply to taxable years beginning after December 31, 1986.
  (e) Treatment of Dispositions Under Passive Loss Rules.--
          (1) In general.--Subparagraph (A) of section 469(g)(1) is 
        amended to read as follows:
                  ``(A) In general.--If all gain or loss realized on 
                such disposition is recognized, the excess of--
                          ``(i) any loss from such activity for such 
                        taxable year (determined after the application 
                        of subsection (b)), over
                          ``(ii) any net income or gain for such 
                        taxable year from all other passive activities 
                        (determined after the application of subsection 
                        (b)),
                shall be treated as a loss which is not from a passive 
                activity.''
          (2) Effective date.--The amendment made by paragraph (1) 
        shall apply to taxable years beginning after December 31, 1986.
  (f) Miscellaneous Amendments to Foreign Provisions.--
          (1) Coordination of unified estate tax credit with 
        treaties.--Subparagraph (A) of section 2102(c)(3) is amended by 
        adding at the end thereof the following new sentence: ``For 
        purposes of the preceding sentence, property shall not be 
        treated as situated in the United States if such property is 
        exempt from the tax imposed by this subchapter under any treaty 
        obligation of the United States.''
          (2) Treatment of certain interest paid to related person.--
                  (A) Subparagraph (B) of section 163(j)(1) is amended 
                by inserting before the period at the end thereof the 
                following: ``(and clause (ii) of paragraph (2)(A) shall 
                not apply for purposes of applying this subsection to 
                the amount so treated)''.
                  (B) Subsection (j) of section 163 is amended by 
                redesignating paragraph (7) as paragraph (8) and by 
                inserting after paragraph (6) the following new 
                paragraph:
          ``(7) Coordination with passive loss rules, etc.--This 
        subsection shall be applied before sections 465 and 469.''
                  (C) The amendments made by this paragraph shall apply 
                as if included in the amendments made by section 
                7210(a) of the Revenue Reconciliation Act of 1989.
          (3) Treatment of interest allocable to effectively connected 
        income.--
                  (A) In general.--
                          (i) Subparagraph (B) of section 884(f)(1) is 
                        amended by striking ``to the extent'' and all 
                        that follows down through ``subparagraph (A)'' 
                        and inserting ``to the extent that the 
                        allocable interest exceeds the interest 
                        described in subparagraph (A)''.
                          (ii) The second sentence of section 884(f)(1) 
                        is amended by striking ``reasonably expected'' 
                        and all that follows down through the period at 
                        the end thereof and inserting ``reasonably 
                        expected to be allocable interest.''
                          (iii) Paragraph (2) of section 884(f) is 
                        amended to read as follows:
          ``(2) Allocable interest.--For purposes of this subsection, 
        the term `allocable interest' means any interest which is 
        allocable to income which is effectively connected (or treated 
        as effectively connected) with the conduct of a trade or 
        business in the United States.''
                  (B) Effective date.--The amendments made by 
                subparagraph (A) shall take effect as if included in 
                the amendments made by section 1241(a) of the Tax 
                Reform Act of 1986.
          (4) Clarification of source rule.--
                  (A) In general.--Paragraph (2) of section 865(b) is 
                amended by striking ``863(b)'' and inserting ``863''.
                  (B) Effective date.--The amendment made by 
                subparagraph (A) shall take effect as if included in 
                the amendments made by section 1211 of the Tax Reform 
                Act of 1986.
          (5) Repeal of obsolete provisions.--
                  (A) Paragraph (1) of section 6038(a) is amended by 
                striking ``, and'' at the end of subparagraph (E) and 
                inserting a period, and by striking subparagraph (F).
                  (B) Subsection (b) of section 6038A is amended by 
                adding ``and'' at the end of paragraph (2), by striking 
                ``, and'' at the end of paragraph (3) and inserting a 
                period, and by striking paragraph (4).
  (g) Treatment of Assignment of Interest in Certain Bond-Financed 
Facilities.--
          (1) In general.--Subparagraph (A) of section 1317(3) of the 
        Tax Reform Act of 1986 is amended by adding at the end thereof 
        the following new sentence: ``A facility shall not fail to be 
        treated as described in this subparagraph by reason of an 
        assignment (or an agreement to an assignment) by the 
        governmental unit on whose behalf the bonds are issued of any 
        part of its interest in the property financed by such bonds to 
        another governmental unit.''
          (2) Effective date.--The amendment made by paragraph (1) 
        shall take effect as if included in such section 1317 on the 
        date of the enactment of the Tax Reform Act of 1986.
  (h) Clarification of Treatment of Medicare Entitlement Under COBRA 
Provisions.--
          (1) In general.--
                  (A) Subclause (V) of section 4980B(f)(2)(B)(i) is 
                amended to read as follows:
                                  ``(V) Medicare entitlement followed 
                                by qualifying event.--In the case of a 
                                qualifying event described in paragraph 
                                (3)(B) that occurs less than 18 months 
                                after the date the covered employee 
                                became entitled to benefits under title 
                                XVIII of the Social Security Act, the 
                                period of coverage for qualified 
                                beneficiaries other than the covered 
                                employee shall not terminate under this 
                                clause before the close of the 36-month 
                                period beginning on the date the 
                                covered employee became so entitled.''
                  (B) Clause (v) of section 602(2)(A) of the Employee 
                Retirement Income Security Act of 1974 is amended to 
                read as follows:
                          ``(v) Medicare entitlement followed by 
                        qualifying event.--In the case of a qualifying 
                        event described in section 603(2) that occurs 
                        less than 18 months after the date the covered 
                        employee became entitled to benefits under 
                        title XVIII of the Social Security Act, the 
                        period of coverage for qualified beneficiaries 
                        other than the covered employee shall not 
                        terminate under this subparagraph before the 
                        close of the 36-month period beginning on the 
                        date the covered employee became so entitled.''
                  (C) Clause (iv) of section 2202(2)(A) of the Public 
                Health Service Act is amended to read as follows:
                          ``(iv) Medicare entitlement followed by 
                        qualifying event.--In the case of a qualifying 
                        event described in section 2203(2) that occurs 
                        less than 18 months after the date the covered 
                        employee became entitled to benefits under 
                        title XVIII of the Social Security Act, the 
                        period of coverage for qualified beneficiaries 
                        other than the covered employee shall not 
                        terminate under this subparagraph before the 
                        close of the 36-month period beginning on the 
                        date the covered employee became so entitled.''
          (2) Effective date.--The amendments made by this subsection 
        shall apply to plan years beginning after December 31, 1989.
  (i) Treatment of Certain REMIC Inclusions.--
          (1) In general.--Subsection (a) of section 860E is amended by 
        adding at the end thereof the following new paragraph:
          ``(6) Coordination with minimum tax.--For purposes of part VI 
        of subchapter A of this chapter--
                  ``(A) the reference in section 55(b)(2) to taxable 
                income shall be treated as a reference to taxable 
                income determined without regard to this subsection,
                  ``(B) the alternative minimum taxable income of any 
                holder of a residual interest in a REMIC for any 
                taxable year shall in no event be less than the excess 
                inclusion for such taxable year, and
                  ``(C) any excess inclusion shall be disregarded for 
                purposes of computing the alternative tax net operating 
                loss deduction.
        The preceding sentence shall not apply to any organization to 
        which section 593 applies, except to the extent provided in 
        regulations prescribed by the Secretary under paragraph (2).''
          (2) Effective date.--The amendment made by paragraph (1) 
        shall take effect as if included in the amendments made by 
        section 671 of the Tax Reform Act of 1986 unless the taxpayer 
        elects to apply such amendment only to taxable years beginning 
        after the date of the enactment of this Act.
  (j) Exemption From Harbor Maintenance Tax for Certain Passengers.--
          (1) In general.--Subparagraph (D) of section 4462(b)(1) 
        (relating to special rule for Alaska, Hawaii, and possessions) 
        is amended by inserting before the period the following: ``, or 
        passengers transported on United States flag vessels operating 
        solely within the State waters of Alaska or Hawaii and adjacent 
        international waters''.
          (2) Effective date.--The amendment made by paragraph (1) 
        shall take effect as if included in the amendments made by 
        section 1402(a) of the Harbor Maintenance Revenue Act of 1986.
  (k) Amendments Related to Revenue Provisions of Energy Policy Act of 
1992.--
          (1) Effective with respect to taxable years beginning after 
        December 31, 1990, subclause (II) of section 53(d)(1)(B)(iv) is 
        amended to read as follows:
                                  ``(II) the adjusted net minimum tax 
                                for any taxable year is the amount of 
                                the net minimum tax for such year 
                                increased in the manner provided in 
                                clause (iii).''
          (2) Subsection (g) of section 179A is redesignated as 
        subsection (f).
          (3) Subparagraph (E) of section 6724(d)(3) is amended by 
        striking ``section 6109(f)'' and inserting ``section 6109(h)''.
          (4)(A) Subsection (d) of section 30 is amended--
                  (i) by inserting ``(determined without regard to 
                subsection (b)(3))'' before the period at the end of 
                paragraph (1) thereof, and
                  (ii) by adding at the end thereof the following new 
                paragraph:
          ``(4) Election to not take credit.--No credit shall be 
        allowed under subsection (a) for any vehicle if the taxpayer 
        elects to not have this section apply to such vehicle.''
          (B) Subsection (m) of section 6501 (as redesignated by 
        section 1602) is amended by striking ``section 40(f)'' and 
        inserting ``section 30(d)(4), 40(f)''.
          (5) Subclause (III) of section 501(c)(21)(D)(ii) is amended 
        by striking ``section 101(6)'' and inserting ``section 101(7)'' 
        and by striking ``1752(6)'' and inserting ``1752(7)''.
          (6) Paragraph (1) of section 1917(b) of the Energy Policy Act 
        of 1992 shall be applied as if ``at a rate'' appeared instead 
        of ``at the rate'' in the material proposed to be stricken.
          (7) Paragraph (2) of section 1921(b) of the Energy Policy Act 
        of 1992 shall be applied as if a comma appeared after ``(2)'' 
        in the material proposed to be stricken.
          (8) Subsection (a) of section 1937 of the Energy Policy Act 
        of 1992 shall be applied as if ``Subpart B'' appeared instead 
        of ``Subpart C''.
  (l) Treatment of Qualified Football Coaches Plan.--
          (1) In general.--Subparagraph (F) of section 3(37) of the 
        Employee Retirement Income Security Act of 1974 (29 U.S.C. 
        1002(37)(F)) is amended by redesignating clause (ii) as clause 
        (iii) and by inserting after clause (i) the following new 
        clause:
  ``(ii) For purposes of the Internal Revenue Code of 1986--
          ``(I) clause (i) shall apply, and
          ``(II) a qualified football coaches plan shall be treated as 
        a multiemployer collectively bargained plan.''.
          (2) Effective date.--The amendment made by paragraph (1) 
        shall apply to years beginning after December 22, 1987.
  (m) Determination of Unrecovered Investment in Annuity Contract.--
          (1) In general.--Subparagraph (A) of section 72(b)(4) is 
        amended by inserting ``(determined without regard to subsection 
        (c)(2))'' after ``contract''.
          (2) Effective date.--The amendment made by paragraph (1) 
        shall take effect as if included in the amendments made by 
        section 1122(c) of the Tax Reform Act of 1986.
  (n) Modifications to Election To Include Child's Income on Parent's 
Return.--
          (1) Eligibility for election.--Clause (ii) of section 
        1(g)(7)(A) (relating to election to include certain unearned 
        income of child on parent's return) is amended to read as 
        follows:
                          ``(ii) such gross income is more than the 
                        amount described in paragraph (4)(A)(ii)(I) and 
                        less than 10 times the amount so described,''.
          (2) Computation of tax.--Subparagraph (B) of section 1(g)(7) 
        (relating to income included on parent's return) is amended--
                  (A) by striking ``$1,000'' in clause (i) and 
                inserting ``twice the amount described in paragraph 
                (4)(A)(ii)(I)'', and
                  (B) by amending subclause (II) of clause (ii) to read 
                as follows:
                                  ``(II) for each such child, 15 
                                percent of the lesser of the amount 
                                described in paragraph (4)(A)(ii)(I) or 
                                the excess of the gross income of such 
                                child over the amount so described, 
                                and''.
          (3) Minimum tax.--Subparagraph (B) of section 59(j)(1) is 
        amended by striking ``$1,000'' and inserting ``twice the amount 
        in effect for the taxable year under section 63(c)(5)(A)''.
          (4) Effective date.--The amendments made by this subsection 
        shall apply to taxable years beginning after December 31, 1995.
  (o) Treatment of Certain Veterans' Reemployment Rights.--
          (1) In general.--Section 414 is amended by adding at the end 
        the following new subsection:
  ``(u) Special Rules Relating to Veterans' Reemployment Rights Under 
USERRA.--
          ``(1) Treatment of certain contributions made pursuant to 
        veterans' reemployment rights.--If any contribution is made by 
        an employer or an employee under an individual account plan 
        with respect to an employee, or by an employee to a defined 
        benefit plan that provides for employee contributions, and such 
        contribution is required by reason of such employee's rights 
        under chapter 43 of title 38, United States Code, resulting 
        from qualified military service, then--
                  ``(A) such contribution shall not be subject to any 
                otherwise applicable limitation contained in section 
                402(g), 402(h), 403(b), 404(a), 404(h), 408, 415, or 
                457, and shall not be taken into account in applying 
                such limitations to other contributions or benefits 
                under such plan or any other plan, with respect to the 
                year in which the contribution is made,
                  ``(B) such contribution shall be subject to the 
                limitations referred to in subparagraph (A) with 
                respect to the year to which the contribution relates 
                (in accordance with rules prescribed by the Secretary), 
                and
                  ``(C) such plan shall not be treated as failing to 
                meet the requirements of section 401(a)(4), 401(a)(26), 
                401(k)(3), 401(k)(11), 401(k)(12), 401(m), 403(b)(12), 
                408(k)(3), 408(k)(6), 408(p), 410(b), or 416 by reason 
                of the making of (or the right to make) such 
                contribution.
        For purposes of the preceding sentence, any elective deferral 
        or employee contribution made under paragraph (2) shall be 
        treated as required by reason of the employee's rights under 
        such chapter 43.
          ``(2) Reemployment rights under userra with respect to 
        elective deferrals.--
                  ``(A) In general.--For purposes of this subchapter 
                and section 457, if an employee is entitled to the 
                benefits of chapter 43 of title 38, United States Code, 
                with respect to any plan which provides for elective 
                deferrals, the employer sponsoring the plan shall be 
                treated as meeting the requirements of such chapter 43 
                with respect to such elective deferrals only if such 
                employer--
                          ``(i) permits such employee to make 
                        additional elective deferrals under such plan 
                        (in the amount determined under subparagraph 
                        (B) or such lesser amount as iselected by the 
employee) during the period which begins on the date of the 
reemployment of such employee with such employer and has the same 
length as the lesser of--
                                  ``(I) the product of 3 and the period 
                                of qualified military service which 
                                resulted in such rights, and
                                  ``(II) 5 years, and
                          ``(ii) makes a matching contribution with 
                        respect to any additional elective deferral 
                        made pursuant to clause (i) which would have 
                        been required had such deferral actually been 
                        made during the period of such qualified 
                        military service.
                  ``(B) Amount of makeup required.--The amount 
                determined under this subparagraph with respect to any 
                plan is the maximum amount of the elective deferrals 
                that the individual would have been permitted to make 
                under the plan in accordance with the limitations 
                referred to in paragraph (1)(A) during the period of 
                qualified military service if the individual had 
                continued to be employed by the employer during such 
                period and received compensation as determined under 
                paragraph (7). Proper adjustment shall be made to the 
                amount determined under the preceding sentence for any 
                elective deferrals actually made during the period of 
                such qualified military service.
                  ``(C) Elective deferral.--For purposes of this 
                paragraph, the term `elective deferral' has the meaning 
                given such term by section 402(g)(3); except that such 
                term shall include any deferral of compensation under 
                an eligible deferred compensation plan (as defined in 
                section 457(b)).
                  ``(D) After-tax employee contributions.--References 
                in subparagraphs (A) and (B) to elective deferrals 
                shall be treated as including references to employee 
                contributions.
          ``(3) Certain retroactive adjustments not required.--For 
        purposes of this subchapter and subchapter E, no provision of 
        chapter 43 of title 38, United States Code, shall be construed 
        as requiring--
                  ``(A) any crediting of earnings to an employee with 
                respect to any contribution before such contribution is 
                actually made, or
                  ``(B) any allocation of any forfeiture with respect 
                to the period of qualified military service.
          ``(4) Loan repayment suspensions permitted.--If any plan 
        suspends the obligation to repay any loan made to an employee 
        from such plan for any part of any period during which such 
        employee is performing service in the uniformed services (as 
        defined in chapter 43 of title 38, United States Code), whether 
        or not qualified military service, such suspension shall not be 
        taken into account for purposes of section 72(p), 401(a), or 
        4975(d)(1).
          ``(5) Qualified military service.--For purposes of this 
        subsection, the term `qualified military service' means any 
        service in the uniformed services (as defined in chapter 43 of 
        title 38, United States Code) by any individual if such 
        individual is entitled to reemployment rights under such 
        chapter with respect to such service.
          ``(6) Individual account plan.--For purposes of this 
        subsection, the term `individual account plan' means any 
        defined contribution plan (including any tax-sheltered annuity 
        plan under section 403(b), any simplified employee pension 
        under section 408(k), any qualified salary reduction 
        arrangement under section 408(p), and any eligible deferred 
        compensation plan (as defined in section 457(b)).
          ``(7) Compensation.--For purposes of sections 403(b)(3), 
        415(c)(3), and 457(e)(5), an employee who is in qualified 
        military service shall be treated as receiving compensation 
        from the employer during such period of qualified military 
        service equal to--
                  ``(A) the compensation the employee would have 
                received during such period if the employee were not in 
                qualified military service, determined based on the 
                rate of pay the employee would have received from the 
                employer but for absence during the period of qualified 
                military service, or
                  ``(B) if the compensation the employee would have 
                received during such period was not reasonably certain, 
                the employee's average compensation from the employer 
                during the 12-month period immediately preceding the 
                qualified military service (or, if shorter, the period 
                of employment immediately preceding the qualified 
                military service).
          ``(8) USERRA requirements for qualified retirement plans.--
        For purposes of this subchapter and section 457, an employer 
        sponsoring a retirement plan shall be treated as meeting the 
        requirements of chapter 43 of title 38, United States Code, 
        only if each of the following requirements is met:
                  ``(A) An individual reemployed under such chapter is 
                treated with respect to such plan as not having 
                incurred a break in service with the employer 
                maintaining the plan by reason of such individual's 
                period of qualified military service.
                  ``(B) Each period of qualified military service 
                served by an individual is, upon reemployment under 
                such chapter, deemed with respect to such plan to 
                constitute service with the employer maintaining the 
                plan for the purpose of determining the 
                nonforfeitability of the individual's accrued benefits 
                under such plan and for the purpose of determining the 
                accrual of benefits under such plan.
                  ``(C) An individual reemployed under such chapter is 
                entitled to accrued benefits that are contingent on the 
                making of, or derived from, employee contributions or 
                elective deferrals only to the extent the individual 
                makes payment to the plan with respect to such 
                contributions or deferrals. No such payment may exceed 
                the amount the individual would have been permitted or 
                required to contribute had the individual remained 
                continuously employed by the employer throughout the 
                period of qualified military service. Any payment to 
                such plan shall be made during the period beginning 
                with the date of reemployment and whose duration is 3 
                times the period of the qualified military service (but 
                not greater than 5 years).
          ``(9) Plans not subject to title 38.--This subsection shall 
        not apply to any retirement plan to which chapter 43 of title 
        38, United States Code, does not apply.
          ``(10) References.--For purposes of this section, any 
        reference to chapter 43 of title 38, United States Code, shall 
        be treated as a reference to such chapter as in effect on 
        December 12, 1994 (without regard to any subsequent 
        amendment).''
          (2) Effective date.--The amendment made by this subsection 
        shall be effective as of December 12, 1994.
  (p) Reporting of Real Estate Transactions.--
          (1) In general.--Paragraph (3) of section 6045(e) (relating 
        to prohibition of separate charge for filing return) is amended 
        by adding at the end the following new sentence: ``Nothing in 
        this paragraph shall be construed to prohibit the real estate 
        reporting person from taking into account its cost of complying 
        with such requirement in establishing its charge (other than a 
        separate charge for complying with such requirement) to any 
        customer for performing services in the case of a real estate 
        transaction.''
          (2) Effective date.--The amendment made by paragraph (1) 
        shall take effect as if included in section 1015(e)(2)(A) of 
        the Technical and Miscellaneous Revenue Act of 1988.
  (q) Clarification of Denial of Deduction for Stock Redemption 
Expenses.
          (1) In general.--Paragraph (1) of section 162(k) is amended 
        by striking ``the redemption of its stock'' and inserting ``the 
        reacquisition of its stock or of the stock of any related 
        person (as defined in section 465(b)(3)(C))''.
          (2) Certain deductions permitted.--Subparagraph (A) of 
        section 162(k)(2) is amended by striking ``or'' at the end of 
        clause (i), by redesignating clause (ii) as clause (iii), and 
        by inserting after clause (i) the following new clause:
                          ``(ii) deduction for amounts which are 
                        properly allocable to indebtedness and 
                        amortized over the term of such indebtedness, 
                        or''.
          (3) Clerical amendment.--The subsection heading for 
        subsection (k) of section 162 is amended by striking 
        ``Redemption'' and inserting ``Reacquisition''.
          (4) Effective date.--
                  (A) In general.--Except as provided in subparagraph 
                (B), the amendments made by this subsection shall apply 
                to amounts paid or incurred after September 13, 1995, 
                in taxable years ending after such date.
                  (B) Paragraph (2).--The amendment made by paragraph 
                (2) shall take effect as if included in the amendment 
                made by section 613 of the Tax Reform Act of 1986.
  (r) Clerical Amendment to Section 404.--
          (1) In general.--Paragraph (1) of section 404(j) is amended 
        by striking ``(10)'' and inserting ``(9)''.
          (2) Effective date.--The amendment made by paragraph (1) 
        shall take effect as if included in the amendments made by 
        section 713(d)(4)(A) of the Deficit Reduction Act of 1984.
  (s) Passive Income Not To Include FSC Income, Etc.--
          (1) In general.--Paragraph (2) of section 1296(b) is amended 
        by striking ``or'' at the end of subparagraph (B), by striking 
        the period at the end of subparagraph (C) and inserting ``, 
        or'', and by inserting after subparagraph (C) the following new 
        subparagraph:
                  ``(D) which is foreign trade income of a FSC or 
                export trade income of an export trade corporation (as 
                defined in section 971).''
          (2) Effective date.--The amendment made by paragraph (1) 
        shall take effect as if included in the amendments made by 
        section 1235 of the Tax Reform Act of 1986.
  (t) Miscellaneous Clerical Amendments.--
          (1) Subclause (II) of section 56(g)(4)(C)(ii) is amended by 
        striking ``of the subclause'' and inserting ``of subclause''.
          (2) Paragraph (2) of section 72(m) is amended by inserting 
        ``and'' at the end of subparagraph (A), by striking 
        subparagraph (B), and by redesignating subparagraph (C) as 
        subparagraph (B).
          (3) Paragraph (2) of section 86(b) is amended by striking 
        ``adusted'' and inserting ``adjusted''.
          (4)(A) The heading for section 112 is amended by striking 
        ``combat pay'' and inserting ``combat zone 
        compensation''.
          (B) The item relating to section 112 in the table of sections 
        for part III of subchapter B of chapter 1 is amended by 
        striking ``combat pay'' and inserting ``combat zone 
        compensation''.
          (C) Paragraph (1) of section 3401(a) is amended by striking 
        ``combat pay'' and inserting ``combat zone compensation''.
          (5) Clause (i) of section 172(h)(3)(B) is amended by striking 
        the comma at the end thereof and inserting a period.
          (6) Clause (ii) of section 543(a)(2)(B) is amended by 
        striking ``section 563(c)'' and inserting ``section 563(d)''.
          (7) Paragraph (1) of section 958(a) is amended by striking 
        ``sections 955(b)(1) (A) and (B), 955(c)(2)(A)(ii), and 
        960(a)(1)'' and inserting ``section 960(a)(1)''.
          (8) Subsection (g) of section 642 is amended by striking 
        ``under 2621(a)(2)'' and inserting ``under section 
        2621(a)(2)''.
          (9) Section 1463 is amended by striking ``this subsection'' 
        and inserting ``this section''.
          (10) Subsection (k) of section 3306 is amended by inserting a 
        period at the end thereof.
          (11) The item relating to section 4472 in the table of 
        sections for subchapter B of chapter 36 is amended by striking 
        ``and special rules''.
          (12) Paragraph (3) of section 5134(c) is amended by striking 
        ``section 6662(a)'' and inserting ``section 6665(a)''.
          (13) Paragraph (2) of section 5206(f) is amended by striking 
        ``section 5(e)'' and inserting ``section 105(e)''.
          (14) Paragraph (1) of section 6050B(c) is amended by striking 
        ``section 85(c)'' and inserting ``section 85(b)''.
          (15) Subsection (k) of section 6166 is amended by striking 
        paragraph (6).
          (16) Subsection (e) of section 6214 is amended to read as 
        follows:
  ``(e) Cross Reference.--

                  ``For provision giving Tax Court jurisdiction to 
order a refund of an overpayment and to award sanctions, see section 
6512(b)(2).''

          (17) The section heading for section 6043 is amended by 
        striking the semicolon and inserting a comma.
          (18) The item relating to section 6043 in the table of 
        sections for subpart B of part III of subchapter A of chapter 
        61 is amended by striking the semicolon and inserting a comma.
          (19) The table of sections for part I of subchapter A of 
        chapter 68 is amended by striking the item relating to section 
        6662.
          (20)(A) Section 7232 is amended--
                  (i) by striking ``lubricating oil,'' in the 
                heading, and
                  (ii) by striking ``lubricating oil,'' in the text.
          (B) The table of sections for part II of subchapter A of 
        chapter 75 is amended by striking ``lubricating oil,'' in the 
        item relating to section 7232.
          (21) Paragraph (1) of section 6701(a) of the Omnibus Budget 
        Reconciliation Act of 1989 is amended by striking ``subclause 
        (IV)'' and inserting ``subclause (V)''.
          (22) Clause (ii) of section 7304(a)(2)(D) of such Act is 
        amended by striking ``subsection (c)(2)'' and inserting 
        ``subsection (c)''.
          (23) Paragraph (1) of section 7646(b) of such Act is amended 
        by striking ``section 6050H(b)(1)'' and inserting ``section 
        6050H(b)(2)''.
          (24) Paragraph (10) of section 7721(c) of such Act is amended 
        by striking ``section 6662(b)(2)(C)(ii)'' and inserting 
        ``section 6661(b)(2)(C)(ii)''.
          (25) Subparagraph (A) of section 7811(i)(3) of such Act is 
        amended by inserting ``the first place it appears'' before ``in 
        clause (i)''.
          (26) Paragraph (10) of section 7841(d) of such Act is amended 
        by striking ``section 381(a)'' and inserting ``section 
        381(c)''.
          (27) Paragraph (2) of section 7861(c) of such Act is amended 
        by inserting ``the second place it appears'' before ``and 
        inserting''.
          (28) Paragraph (1) of section 460(b) is amended by striking 
        ``the look-back method of paragraph (3)'' and inserting ``the 
        look-back method of paragraph (2)''.
          (29) Subparagraph (C) of section 50(a)(2) is amended by 
        striking ``subsection (c)(4)'' and inserting ``subsection 
        (d)(5)''.
          (30) Subparagraph (B) of section 172(h)(4) is amended by 
        striking the material following the heading and preceding 
        clause (i) and inserting ``For purposes of subsection (b)(2)--
        ''.
          (31) Subparagraph (A) of section 355(d)(7) is amended by 
        inserting ``section'' before ``267(b)''.
          (32) Subparagraph (C) of section 420(e)(1) is amended by 
        striking ``mean'' and inserting ``means''.
          (33) Paragraph (4) of section 537(b) is amended by striking 
        ``section 172(i)'' and inserting ``section 172(f)''.
          (34) Subparagraph (B) of section 613(e)(1) is amended by 
        striking the comma at the end thereof and inserting a period.
          (35) Paragraph (4) of section 856(a) is amended by striking 
        ``section 582(c)(5)'' and inserting ``section 582(c)(2)''.
          (36) Sections 904(f)(2)(B)(i) and 907(c)(4)(B)(iii) are each 
        amended by inserting ``(as in effect on the day before the date 
        of the enactment of the Revenue Reconciliation Act of 1990)'' 
        after ``section 172(h)''.
          (37) Subsection (b) of section 936 is amended by striking 
        ``subparagraphs (D)(ii)(I)'' and inserting ``subparagraphs 
        (D)(ii)''.
          (38) Subsection (c) of section 2104 is amended by striking 
        ``subparagraph (A), (C), or (D) of section 861(a)(1)'' and 
        inserting ``section 861(a)(1)(A)''.
          (39) Subparagraph (A) of section 280A(c)(1) is amended to 
        read as follows:
                  ``(A) as the principal place of business for any 
                trade or business of the taxpayer,''.
          (40) Section 6038 is amended by redesignating the subsection 
        relating to cross references as subsection (f).
          (41) Clause (iv) of section 6103(e)(1)(A) is amended by 
        striking all that follows ``provisions of'' and inserting 
        ``section 1(g) or 59(j);''.
          (42) The subsection (f) of section 6109 of the Internal 
        Revenue Code of 1986 which was added by section 2201(d) of 
        Public Law 101-624 is redesignated as subsection (g).
          (43) Subsection (b) of section 7454 is amended by striking 
        ``section 4955(e)(2)'' and inserting ``section 4955(f)(2)''.
          (44) Subsection (d) of section 11231 of the Revenue 
        Reconciliation Act of 1990 shall be applied as if ``comma'' 
        appeared instead of ``period'' and as if the paragraph (9) 
        proposed to be added ended with a comma.
          (45) Paragraph (1) of section 11303(b) of the Revenue 
        Reconciliation Act of 1990 shall be applied as if ``paragraph'' 
        appeared instead of ``subparagraph'' in the material proposed 
        to be stricken.
          (46) Subsection (f) of section 11701 of the Revenue 
        Reconciliation Act of 1990 is amended by inserting ``(relating 
        to definitions)'' after ``section 6038(e)''.
          (47) Subsection (i) of section 11701 of the Revenue 
        Reconciliation Act of 1990 shall be applied as if 
        ``subsection'' appeared instead of ``section'' in the material 
        proposed to be stricken.
          (48) Subparagraph (B) of section 11801(c)(2) of the Revenue 
        Reconciliation Act of 1990 shall be applied as if ``section 
        56(g)'' appeared instead of ``section 59(g)''.
          (49) Subparagraph (C) of section 11801(c)(8) of the Revenue 
        Reconciliation Act of 1990 shall be applied as if 
        ``reorganizations'' appeared instead of ``reorganization'' in 
        the material proposed to be stricken.
          (50) Subparagraph (H) of section 11801(c)(9) of the Revenue 
        Reconciliation Act of 1990 shall be applied as if ``section 
        1042(c)(1)(B)'' appeared instead of ``section 1042(c)(2)(B)''.
          (51) Subparagraph (F) of section 11801(c)(12) of the Revenue 
        Reconciliation Act of 1990 shall be applied as if ``and (3)'' 
        appeared instead of ``and (E)''.
          (52) Subparagraph (A) of section 11801(c)(22) of the Revenue 
        Reconciliation Act of 1990 shall be applied as if ``chapters 
        21'' appeared instead of ``chapter 21'' in the material 
        proposed to be stricken.
          (53) Paragraph (3) of section 11812(b) of the Revenue 
        Reconciliation Act of 1990 shall be applied by not executing 
        the amendment therein to the heading of section 42(d)(5)(B).
          (54) Clause (i) of section 11813(b)(9)(A) of the Revenue 
        Reconciliation Act of 1990 shall be applied as if a comma 
        appeared after ``(3)(A)(ix)'' in the material proposed to be 
        stricken.
          (55) Subparagraph (F) of section 11813(b)(13) of the Revenue 
        Reconciliation Act of 1990 shall be applied as if ``tax'' 
        appeared after ``investment'' in the material proposed to be 
        stricken.
          (56) Paragraph (19) of section 11813(b) of the Revenue 
        Reconciliation Act of 1990 shall be applied as if ``Paragraph 
        (20) of section 1016(a), as redesignated by section 11801,'' 
        appeared instead of ``Paragraph (21) of section 1016(a)''.
          (57) Paragraph (5) section 8002(a) of the Surface 
        Transportation Revenue Act of 1991 shall be applied as if 
        ``4481(e)'' appeared instead of ``4481(c)''.
          (58) Section 7872 is amended--
                  (A) by striking ``foregone'' each place it appears in 
                subsections (a) and (e)(2) and inserting ``forgone'', 
                and
                  (B) by striking ``Foregone'' in the heading for 
                subsection (e) and the heading for paragraph (2) of 
                subsection (e) and inserting ``Forgone''.
          (59) Paragraph (7) of section 7611(h) is amended by striking 
        ``approporiate'' and inserting ``appropriate''.
          (60) The heading of paragraph (3) of section 419A(c) is 
        amended by striking ``severence'' and inserting ``severance''.
          (61) Clause (ii) of section 807(d)(3)(B) is amended by 
        striking ``Commissoners' '' and inserting ``Commissioners' ''.
          (62) Subparagraph (B) of section 1274A(c)(1) is amended by 
        striking ``instument'' and inserting ``instrument''.
          (63) Subparagraph (B) of section 724(d)(3) by striking 
        ``Subparagaph'' and inserting ``Subparagraph''.
          (64) The last sentence of paragraph (2) of section 42(c) is 
        amended by striking ``of 1988''.
          (65) Paragraph (1) of section 9707(d) is amended by striking 
        ``diligence,'' and inserting ``diligence''.
          (66) Subsection (c) of section 4977 is amended by striking 
        ``section 132(i)(2)'' and inserting ``section 132(h)''.
          (67) The last sentence of section 401(a)(20) is amended by 
        striking ``section 211'' and inserting ``section 521''.
          (68) Subparagraph (A) of section 402(g)(3) is amended by 
        striking ``subsection (a)(8)'' and inserting ``subsection 
        (e)(3)''.
          (69) The last sentence of section 403(b)(10) is amended by 
        striking ``an direct'' and inserting ``a direct''.
          (70) Subparagraph (A) of section 4973(b)(1) is amended by 
        striking ``sections 402(c)'' and inserting ``section 402(c)''.
          (71) Paragraph (12) of section 3405(e) is amended by striking 
        ``(b)(3)'' and inserting ``(b)(2)''.
          (72) Paragraph (41) of section 521(b) of the Unemployment 
        Compensation Amendments of 1992 shall be applied as if 
        ``section'' appeared instead of ``sections'' in the material 
        proposed to be stricken.
          (73) Paragraph (27) of section 521(b) of the Unemployment 
        Compensation Amendments of 1992 shall be applied as if 
        ``Section 691(c)(5)'' appeared instead of ``Section 691(c)''.
          (74) Paragraph (5) of section 860F(a) is amended by striking 
        ``paragraph (1)'' and inserting ``paragraph (2)''.
          (75) Paragraph (1) of section 415(k) is amended by adding 
        ``or'' at the end of subparagraph (C), by striking 
        subparagraphs (D) and (E), and by redesignating subparagraph 
        (F) as subparagraph (D).
          (76) Paragraph (2) of section 404(a) is amended by striking 
        ``(18),''.
          (77) Clause (ii) of section 72(p)(4)(A) is amended to read as 
        follows:
                          ``(ii) Special rule.--The term `qualified 
                        employer plan' shall not include any plan which 
                        was (or was determined to be) a qualified 
                        employer plan or a government plan.''
          (78) Sections 461(i)(3)(C) and 1274(b)(3)(B)(i) are each 
        amended by striking ``section 6662(d)(2)(C)(ii)'' and inserting 
        ``section 6662(d)(2)(C)(iii)''.
          (79) Subsection (a) of section 164 is amended by striking the 
        paragraphs relating to the generation-skipping tax and the 
        environmental tax imposed by section 59A and by inserting after 
        paragraph (3) the following new paragraphs:
          ``(4) The GST tax imposed on income distributions.
          ``(5) The environmental tax imposed by section 59A.''
  (u) Certain Property Not Treated as Section 179 Property.--
          (1) In general.--Paragraph (1) of section 179(d) is amended 
        by adding at the end thereof the following new sentence: ``Such 
        term shall not include any property described in section 50(b) 
        and shall not include air conditioning or heating units and 
        horses.''
          (2) Effective date.--The amendment made by paragraph (1) 
        shall apply to property placed in service after May 14, 1996.
                            I. INTRODUCTION

                         A. Purpose and Summary

    The purpose of the Small Business Job Protection Act is to 
reduce the tax barriers that interfere with the ability of 
America's small businesses to grow and create jobs. The bill 
accomplishes this objective through a variety of provisions 
that are designed to provide flexibility to and reduced costs 
for small businesses and their workers. In addition, the 
pension reforms in the bill will help tens of millions of 
Americans save for retirement and will make these retirement 
savings more secure.
    The bill includes the following principal provisions: (1) 
increase in expensing for small business from $17,500 to 
$25,000; (2) expansion of the FICA tip credit; (3) extension of 
certain expiring provisions, including the work opportunity tax 
credit and employer-provided educational assistance; (4) 
reforms of rules governing S corporations; and (5) extensive 
pension reforms. The bill also includes other small business-
related tax provisions. To offset the cost of these provisions, 
the bill: (1) phases out and repeals the Puerto Rico and 
possession tax credit; (2) repeals the 50-percent interest 
income exclusion for financial institution loans to ESOPs; (3) 
applies a look-through rules for purposes of characterizing 
certain subpart F income as unrelated business income; (4) 
modifies the income forecast method of determining depreciation 
deductions; (5) modifies the exclusion of damages received on 
account of personal injury or sickness; and (6) repeals advance 
refunds of the diesel fuel tax for purchasers of diesel-powered 
cars, vans, and light trucks. Finally, the bill also contains a 
number of technical corrections provisions.

                 B. Background and Need for Legislation

    Many of the items contained in the Small Business Job 
Protection Act were contained in the Balanced Budget Act of 
1995 (H.R. 2491), which was passed by the Congress and vetoed 
by President Clinton. The need for this legislation is as 
urgent today as it was when Congress passed the Balanced Budget 
Act of 1995.
    Small business are the most vibrant segment of our economy. 
They are responsible for the lion's share of job growth and 
ingenuity in this country. However, recordkeeping and other 
actions required to comply with the tax laws impose significant 
costs on small businesses. The tax laws should be easier for 
small businesses to comply with and as small of a burden as 
possible. Similarly, education and employment opportunity must 
be strongly encouraged. The Small Business Job Protection Act 
is an important first step in this regard.

                         C. Legislative History

Committee bill
    H.R. 3448 was introduced by Chairman Archer on May 14, 
1996. The bill was considered in a Committee markup on May 14, 
1996, and was ordered favorably reported, as amended, by a roll 
call vote of 33 yeas and 3 nays.
    The Chairman's amendment in the nature of a substitute 
added two provisions to the bill as introduced: (1) clarify 
that the present-law rule in section 280A permits deductions 
for expenses related to a storage unit in a taxpayer's home 
regularly used for inventory or product samples; and (2) 
prospectively deny expensing for certain property, including 
property described in section 50(b), air conditioning and 
heating units, and horses.
    In addition, the Committee approved four other amendments 
(by voice vote) to the Chairman's amendment in the nature of a 
substitute: (1) an amendment by Mr. Crane to provide an 
exception if there is a binding contract negotiated before the 
October 13, 1995, effective date of the bill's repeal of the 
50-percent interest exclusion for employee stock ownership plan 
loans; (2) an amendment by Mr. Thomas (California) to provide 
tax-exempt status for certain charitable risk pool 
organizations operated solely to pool insurance risks of 
section 501(c)(3) charitable organizations; (3) an amendment by 
Mr. Camp to exclude from unrelated business income certain dues 
paid to agricultural and horticultural organizations; and (4) 
an amendment by Mr. Neal relating to the employment tax status 
of certain fishermen who receive compensation in the form of a 
portion of the catch, with a revenue offset to require 
reporting on certain purchases of fish. The Committee approved 
the Chairman's amendment in the nature of a substitute, as 
amended, by voice vote.
Committee hearings
    Committee hearings have been held during the 104th Congress 
related to various provisions of the bill.
    Full Committee hearings were held on January 5 and 10-12, 
1995 on the ``Contract With America'' revenue provisions 
generally, and January 24-26 and 31, and February 1, 1995, on 
savings and investment provisions. The increased expensing for 
small business was included in these hearings. Oversight 
Subcommittee held a hearing on expiring tax provisions on May 
9, 1995. The subchapter S and pension simplification provisions 
were derived from previous Committee tax simplification 
provisions. These provisions, and the revenue-offset 
provisions, were also included in the Balanced Budget Act of 
1995 as passed by the Congress and vetoed by the President.
                      II. EXPLANATION OF THE BILL

                SMALL BUSINESS AND OTHER TAX PROVISIONS

                      A. Small Business Provisions

1. Increase in expensing for small businesses (sec. 1111 of the bill 
        and sec. 179 of the Code)

                              Present Law

    In lieu of depreciation, a taxpayer with a sufficiently 
small amount of annual investment may elect to deduct up to 
$17,500 of the cost of qualifying property placed in service 
for the taxable year (sec. 179). 1 In general, qualifying 
property is defined as depreciable tangible personal property 
that is purchased for use in the active conduct of a trade or 
business. The $17,500 amount is reduced (but not below zero) by 
the amount by which the cost of qualifying property placed in 
service during the taxable year exceeds $200,000. In addition, 
the amount eligible to be expensed for a taxable year may not 
exceed the taxable income of the taxpayer for the year that is 
derived from the active conduct of a trade or business 
(determined without regard to this provision). Any amount that 
is not allowed as a deduction because of the taxable income 
limitation may be carried forward to succeeding taxable years 
(subject to similar limitations).
---------------------------------------------------------------------------
    \1\ The amount permitted to be expensed under Code section 179 is 
increased by up to an additional $20,000 for certain property placed in 
service by a business located in an empowerment zone (sec. 1397A).
---------------------------------------------------------------------------

                           Reasons for Change

    The Committee believes that section 179 expensing provides 
two important benefits for small businesses. First, it lowers 
the cost of capital for tangible property used in a trade or 
business. Second, it eliminates depreciation recordkeeping 
requirements with respect to expensed property. The Committee 
would enhance these benefits by increasing the amount allowed 
to be expensed under section 179.

                        Explanation of Provision

    The bill increases the $17,500 amount allowed to be 
expensed under Code section 179 to $25,000. The increase is 
phased in as follows:

        Taxable year beginning in--                    Maximum expensing
1996..........................................................   $18,500
1997..........................................................    19,000
1998..........................................................    20,000
1999..........................................................    21,000
2000..........................................................    22,000
2001..........................................................    23,000
2002..........................................................    23,500
2003 and thereafter...........................................    25,000

                             Effective Date

    The provision is effective for property placed in service 
in taxable years beginning after December 31, 1995, subject to 
the phase-in schedule set forth above.

2. Tax credit for Social Security taxes paid with respect to employee 
        cash tips (sec. 1112 of the bill and sec. 45B of the Code)

                              Present Law

    Employee tip income is treated as employer-provided wages 
for purposes of the Federal Insurance Contributions Act 
(``FICA''). Employees are required to report to the employer 
the amount of tips received. The Omnibus Budget Reconciliation 
Act of 1993 (``OBRA 1993'') provided a business tax credit with 
respect to certain employer FICA taxes paid with respect to 
tips treated as paid by the employer. The credit applies to 
tips received from customers in connection with the provision 
of food or beverages for consumption on the premises of an 
establishment with respect to which the tipping of employees is 
customary. OBRA 1993 provided that the FICA tip credit is 
effective for taxes paid after December 31, 1993. Temporary 
Treasury regulations provide that the tax credit is available 
only with respect to tips reported by the employee. The 
temporary regulations also provide that the credit is effective 
for FICA taxes paid by an employer after December 31, 1993, 
with respect to tips received for services performed after 
December 31, 1993.

                           Reasons for Change

    The Committee believes it appropriate to clarify the 
effective date and scope of the credit for FICA taxes paid on 
employer cash tips. Despite the statutory language, there has 
been some confusion regarding the effective date. The FICA tip 
credit was included in the Senate version of H.R. 4210, the Tax 
Fairness and Economic Growth Act of 1992, and was included in 
the conference agreement of H.R. 4210 as passed by the 102d 
Congress and vetoed by President Bush. The effective date of 
that provision would have applied to ``tips received and wages 
paid after the date of enactment.'' The FICA tip credit was 
also included in the House and Senate versions of H.R. 11, the 
Revenue Act of 1992, as considered by the 102d Congress. The 
effective date of both those provisions was the same as in H.R. 
4210, specifically tips received and wages paid after the date 
of enactment. The provision was included in the conference 
agreement of the H.R. 11, as adopted by the Congress and vetoed 
by President Bush; however, the effective date of that 
provision was modified to apply to ``taxes paid after'' 
December 31, 1992, i.e., no limitation with respect to tips 
earned after December 31, 1992, was included.
    In 1993, the House and Senate versions of the Omnibus 
Budget Reconciliation Act of 1993 (``OBRA 1993'') did not 
contain the FICA tip provision, but it was included in the 
conference agreement. The FICA tip provision that was included 
in OBRA 1993 has the same effective date as the provision in 
the conference agreement for H.R. 11, except that the date was 
moved one year, to taxes paid after December 31, 1993. The 
Committee believes that the legislative history of this 
provision indicates intent to change the effective date, and 
that the Treasury's interpretation of that date is not 
consistent with the provision as finally adopted.
    The Committee also believes it appropriate to apply the 
credit to all persons who provide food and beverages, whether 
for consumption on or off the premises.

                        Explanation of Provision

    The bill clarifies the credit with respect to employer FICA 
taxes paid on tips by providing that the credit is (1) 
available whether or not the employee reported the tips on 
which the employer FICA taxes were paid pursuant to section 
6053(a), and (2) effective with respect to taxes paid after 
December 31, 1993, regardless of when the services with respect 
to which the tips are received were performed.
    The bill also modifies the credit so that it applies with 
respect to tips received from customers in connection with the 
provision of food or beverages, regardless of whether the food 
or beverages are for consumption on the premises of the 
establishment.

                             Effective Date

    The clarifications relating to the effective date and 
nonreported tips are effective as if included in OBRA 1993. The 
provision expanding the tip credit to the provision of food or 
beverages not for consumption on the premises of the 
establishment is effective with respect to FICA taxes paid on 
tips received with respect to services performed after December 
31, 1996.

3. Home office deduction: Treatment of storage of product samples (sec. 
        1113 of the bill and sec. 280A of the Code)

                              Present Law

    A taxpayer's business use of his or her home may give rise 
to a deduction for the business portion of expenses related to 
operating the home (e.g., a portion of rent or depreciation and 
repairs). Code section 280A(c)(1) provides, however, that 
business deductions generally are allowed only with respect to 
a portion of a home that is used exclusively and regularly in 
one of the following ways: (1) as the principal place of 
business for a trade or business; (2) as a place of business 
used to meet with patients, clients, or customers in the normal 
course of the taxpayer's trade or business; or (3) in 
connection with the taxpayer's trade or business, if the 
portion so used constitutes a separate structure not attached 
to the dwelling unit. In the case of an employee, the Code 
further requires that the business use of the home must be for 
the convenience of the employer (sec. 280A(c)(1)). These rules 
apply to houses, apartments, condominiums, mobile homes, boats, 
and other similar property used as the taxpayer's home (sec. 
280A(f)(1)).
    Section 280A(c)(2) contains a special rule that allows a 
home office deduction for business expenses related to a space 
within a home that is used on a regular (even if not exclusive) 
basis as a storage unit for the inventory of the taxpayer's 
trade or business of selling products at retail or wholesale, 
but only if the home is the sole fixed location of such trade 
or business.
    Home office deductions may not be claimed if they create 
(or increase) a net loss from a business activity, although 
such deductions may be carried over to subsequent taxable years 
(sec. 280A(c)(5)).

                           Reasons for Change

    The Committee believes that present-law section 280A(c)(2) 
should be clarified so that taxpayers who sell products at 
retail or wholesale, and regularly store such products at home, 
need not attempt to distinguish between inventory and product 
samples. This clarification will simplify the administration of 
present-law section 280A(c)(2).

                        Explanation of Provision

    The bill clarifies that the special rule contained in 
present-law section 280A(c)(2) permits deductions for expenses 
related to a storage unit in a taxpayer's home regularly used 
for inventory or product samples (or both) of the taxpayer's 
trade or business of selling products at retail or wholesale, 
provided that the home is the sole fixed location of such trade 
or business.

                             Effective Date

    The provision applies to taxable years beginning after 
December 31, 1995.

4. Treatment of certain charitable risk pools (sec. 1114 of the bill 
        and new sec. 501(n) of the Code)

                              Present Law

    Organizations described in section 501(c)(3) (which are 
referred to as ``charities'') generally are exempt from Federal 
income tax and are eligible to receive tax-deductible 
contributions and to use the proceeds of tax-exempt financing. 
Section 501(c)(3) requires that an organization be organized 
and operated exclusively for a charitable or other specifically 
enumerated exempt purpose in order to qualify for tax-exempt 
status under that section.
    Section 501(c)(3) provides that an organization that is 
organized and operated exclusively for charitable purposes is 
entitled to tax-exempt status under that section only if the 
organization satisfies the additional requirements that no part 
of its net earnings inures to the benefit of any private 
individual or shareholder (referred to as the ``private 
inurement test'') and only if the organization does not engage 
in political campaign activity on behalf of (or in opposition 
to) any candidate for public office and does not engage in 
substantial lobbying activities.
    Section 501(m) provides that an organization described in 
section 501(c)(3) or 501(c)(4) of the Code is exempt from tax 
only if no substantial part of its activities consists of 
providing commercial-type insurance. For purposes of this rule, 
commercial-type insurance does not include insurance provided 
at substantially below cost to a class of charitable 
recipients.
    Present law does not specifically accord tax-exempt status 
to an organization that pools insurable risks of a group of 
tax-exempt organizations described in section 501(c)(3).

                           Reasons for Change

    The Committee believes that providing tax-exempt status to 
not-for-profit risk pools whose members are exclusively tax-
exempt charitable organizations, and which obtain significant 
capital from nonmember charitable organizations, will help make 
liability insurance more affordable to charitable 
organizations.

                        Explanation of Provision

    Under the bill, a qualified charitable risk pool is treated 
as organized and operated exclusively for charitable purposes. 
The provision makes inapplicable to a qualified charitable risk 
pool the present-law rule under section 501(m) that a 
charitable organization described in section 501(c)(3) is 
exempt from tax only if no substantial part of its activities 
consists of providing commercial-type insurance.
    The bill defines a qualified charitable risk pool as an 
organization organized and operated solely to pool insurable 
risks of its members (other than medical malpractice risks) and 
to provide information to its members with respect to loss 
control and risk management. Because a qualified charitable 
risk pool must be organized and operated solely to pool 
insurable risks of its members and to provide information to 
members with respect to loss control and risk management, no 
profit or other benefit may be accorded to any member of the 
organization other than through providing members with 
insurance coverage below the cost of comparable commercial 
coverage and through providing members with loss control and 
risk management information. Only charitable tax-exempt 
organizations described in section 501(c)(3) may be members of 
a qualified charitable risk pool.
    The bill further requires that a qualified charitable risk 
pool is required to (1) be organized as a nonprofit 
organization under State law authorizing risk pooling for 
charitable organizations; (2) be exempt from State income tax; 
(3) obtain at least $1 million in startup capital from 
nonmember charitable organizations; (4) be controlled by a 
board of directors elected by its members; and (5) provide in 
its organizational documents that members must be tax-exempt 
charitable organizations at all times, and if a member loses 
that status it must immediately notify the organization, and 
that no insurance coverage applies to a member after the date 
of any final determination that the member no longer qualifies 
as a tax-exempt charitable organization.
    To be entitled to tax-exempt status under section 
501(c)(3), a qualified charitable risk pool described in the 
provision also must satisfy the other requirements of that 
section (i.e., the private inurement test and the prohibition 
of political campaign activities and substantial lobbying).

                             Effective Date

    The provision applies to taxable years beginning after the 
date of enactment.

5. Treatment of dues paid to agricultural or horticultural 
        organizations (sec. 1115 of the bill and sec. 512 of the Code)

                              Present Law

    Tax-exempt organizations generally are subject to the 
unrelated business income tax (``UBIT'') on income derived from 
a trade or business regularly carried on that is not 
substantially related to the performance of the organization's 
tax-exempt functions (secs. 511-514). Dues payments made to a 
membership organization generally are not subject to the UBIT. 
However, several courts have held that, with respect to postal 
labor organizations, dues payments were subject to the UBIT 
when received from individuals who were not postal workers, but 
who became ``associate'' members for the purpose of obtaining 
health insurance available to members of the organization. See 
National League of Postmasters of the United States v. 
Commissioner, No. 8032-93, T.C. Memo (May 11, 1995); American 
Postal Workers Union, AFL-CIO v. United States, 925 F.2d 480 
(D.C. Cir. 1991); National Association of Postal Supervisors v. 
United States, 944 F.2d 859 (Fed. Cir. 1991).
    In Rev. Proc. 95-21 (issued March 23, 1995), the IRS set 
forth its position regarding when associate member dues 
payments received by an organization described in section 
501(c)(5) will be treated as subject to the UBIT. The IRS 
stated that dues payments from associate members will not be 
treated as subject to UBIT unless, for the relevant period, 
``the associate member category has been formed or availed of 
for the principal purpose of producing unrelated business 
income.'' Thus, under Rev. Proc. 95-21, the focus of the 
inquiry is upon the organization's purposes in forming the 
associate member category (and whether the purposes of that 
category of membership are substantially related to the 
organization's exempt purposes other than through the 
production of income) rather than upon the motive of the 
individuals who join as associate members.

                           Reasons for Change

    The Committee believes that it is appropriate to clarify 
the treatment of certain limited dues payments from associate 
members of organizations described in section 501(c)(5) to 
curtail expensive and time consuming controversies regarding 
the treatment of such payments for purposes of the UBIT and to 
facilitate administration of the Code.

                        Explanation of Provision

    Under the bill, if an agricultural or horticultural 
organization described in section 501(c)(5) requires annual 
dues not exceeding $100 to be paid in order to be a member of 
such organization, then in no event will any portion of such 
dues be subject to the UBIT by reason of any benefits or 
privileges to which members of such organization are entitled. 
For taxable years beginning after 1995, the $100 amount will be 
indexed for inflation. The term ``dues'' is defined as ``any 
payment required to be made in order to be recognized by the 
organization as a member of the organization.'' Thus, if a 
person is recognized as a member of an organization by virtue 
of having paid annual dues for his or her membership, then any 
subsequent payments made by that person during the year to 
purchase another membership in the same organization would not 
be within the scope of the provision.

                             Effective Date

    The provision applies to taxable years beginning after 
December 31, 1994.

6. Clarify employment tax status of certain fishermen (sec. 1116(a) of 
        the bill and sec. 3121(b)(20) of the Code)

                              Present Law

    Under present law, service as a crew member on a fishing 
vessel is generally excluded from the definition of employment 
for purposes of income tax withholding on wages and for 
purposes of the Federal Insurance Contributions Act (FICA) and 
the Federal Unemployment Tax Act (FUTA) taxes if the operating 
crew of the boat normally consists of fewer than 10 
individuals, the individual receives a share of the catch based 
on the total catch, and the individual does not receive cash 
remuneration other than proceeds from the sale of the 
individual's share of the catch. Crew members to which the 
exemption applies are subject to self-employment taxes. Special 
reporting requirements apply to the operators of boats on which 
exempt crew members serve.

                           Reasons for Change

    The Committee believes that providing a statutory 
definition for determining whether the crew of a fishing boat 
normally consists of fewer than 10 individuals would make the 
provision easier to apply and administer. Providing that the 
exemption continues to apply if an individual receives, in 
addition to a share of the catch, a small amount of cash for 
certain duties performed would recognize long-standing industry 
practice.

                        Explanation of Provision

    The operating crew of a boat is treated as normally made up 
of fewer than 10 individuals if the average size of the 
operating crew on trips made during the preceding 4 calendar 
quarters consisted of fewer than 10 individuals. In addition, 
the exemption applies if the crew member receives, in addition 
to the cash remuneration permitted under present law, cash 
remuneration which does not exceed $100 per trip, is contingent 
on a minimum catch, and is paid solely for additional duties 
(e.g., as mate, engineer, or cook) for which additional cash 
remuneration is customary. The reporting requirements 
applicable to boat operators are modified to take into account 
the additional cash remuneration that may be paid under the 
proposal.

                             Effective Date

    The provision applies to remuneration paid after December 
31, 1996. In addition, the provision applies to remuneration 
paid after December 31, 1984, and before January 1, 1997, 
unless the payor treated such remuneration when paid as subject 
to wage withholding and employment taxes.

7. Reporting requirements for purchasers of fish (sec. 1116(b) of the 
        bill and new sec. 6050Q of the Code)

                              Present Law

    Under present law, a person engaged in a trade or business 
who makes payments during the calendar year of $600 or more to 
a person for ``rent, salaries, wages, premiums, annuities, 
compensations, remunerations, emoluments, or other fixed or 
determinable gains, profits, or other income'' must file an 
information return with the Internal Revenue Service reporting 
the amount of such payments, as well as the name, address, and 
taxpayer identification number of the person to whom such 
payments were made (Code sec. 6041). A similar statement must 
also be furnished to the person to whom such payments were 
made. Treasury regulations provide that payments for 
``merchandise'' are not required to be reported under this 
provision (Treas. reg. sec. 1.6041-3(d)). Consequently, 
information reporting is generally not required with respect to 
purchases of fish or other forms of aquatic life. Information 
reporting is required by a person engaged in a trade or 
business who, in the course of that trade or business, receives 
more than $10,000 in cash in one transaction (or several 
related transactions) (Code sec. 6050I).

                           Reasons for Change

    The Committee believes that requiring information reporting 
will enhance compliance with the internal revenue laws.

                        Explanation of Provision

    The provision requires persons engaged in the trade or 
business of purchasing fish for resale who pay more than $600 
in cash in a calendar year for fish or other forms of aquatic 
life from any seller engaged in the trade or business of 
catching fish to file information reports with the Secretary 
regarding such purchases. A copy of the report must be provided 
to the seller.

                             Effective Date

    The provision is effective for purchases made after 
December 31, 1996.

              B. Extension of Certain Expiring Provisions

1. Work opportunity tax credit (sec. 1201 of the bill and sec. 51 of 
        the Code)

                               Prior Law

General rules

    Prior to January 1, 1995, the targeted jobs tax credit was 
available on an elective basis for employers hiring individuals 
from one or more of nine targeted groups. The credit generally 
was equal to 40 percent of qualified first-year wages. 
Qualified first-year wages consisted of wages attributable to 
service rendered by a member of a targeted group during the 
one-year period beginning with the day the individual began 
work for the employer. For a vocational rehabilitation 
referral, however, the period began the day the individual 
began work for the employer on or after the beginning of the 
individual's vocational rehabilitation plan.
    No more than $6,000 of wages during the first year of 
employment were permitted to be taken into account with respect 
to any individual. Thus, the maximum credit per individual was 
$2,400.
    With respect to economically disadvantaged summer youth 
employees, the credit was equal to 40 percent of up to $3,000 
of qualified first-year wages, for a maximum credit of $1,200.
    The deduction for wages was reduced by the amount of the 
credit.

Certification of members of targeted groups

    In general, an individual was not treated as a member of a 
targeted group unless certification that the individual was a 
member of such a group was received or requested in writing by 
the employer from the designated local agency on or before the 
day on which the individual began work for the employer. In the 
case of a certification of an economically disadvantaged youth 
participating in a cooperative education program, this 
requirement was satisfied if the certification was requested or 
received from the participating school on or before the day on 
which the individual began work for the employer. The 
``designated local agency'' was the State employment security 
agency.
    If a certification was incorrect because it was based on 
false information provided as to the employee's membership in a 
targeted group, the certification was revoked. Wages paid after 
the revocation notice was received by the employer were not 
treated as qualified wages.
    The U.S. Employment Service, in consultation with the 
Internal Revenue Service, was directed to take whatever steps 
necessary to keep employers informed of the availability of the 
credit.

Targeted groups eligible for the credit

    The nine groups eligible for the credit were either 
recipients of payments under means-tested transfer programs, 
economically disadvantaged (as measured by family income), or 
disabled individuals.
            (1) Vocational rehabilitation referrals
    Vocational rehabilitation referrals were those individuals 
who had a physical or mental disability that constituted a 
substantial handicap to employment and who had been referred to 
the employer while receiving, or after completing, vocational 
rehabilitation services under an individualized, written 
rehabilitation plan under a State plan approved under the 
Rehabilitation Act of 1973, or under a rehabilitation plan for 
veterans carried out under Chapter 31 of Title 38, U.S. Code. 
Certification was provided by the designated local employment 
agency upon assurances from the vocational rehabilitation 
agency that the employee had met the above conditions.
            (2) Economically disadvantaged youths
    Economically disadvantaged youths were individuals 
certified by the designated local employment agency as (1) 
members of economically disadvantaged families and (2) at least 
age 18 but not age 23 on the date they were hired by the 
employer. An individual was determined to be a member of an 
economically disadvantaged family if, during the six months 
immediately preceding the earlier of the month in which the 
determination occurred or the month in which the hiring date 
occurred, the individual's family income was, on an annual 
basis, not more than 70 percent of the Bureau of Labor 
Statistics' lower living standard. A determination that an 
individual was a member of an economically disadvantaged family 
was valid for 45 days from the date on which the determination 
was made.
    Except as otherwise noted below, a determination of whether 
an individual was a member of an economically disadvantaged 
family was made on the same basis and was subject to the same 
45-day limitation, where required in connection with the four 
other targeted groups that excluded individuals who were not 
economically disadvantaged.
            (3) Economically disadvantaged Vietnam-era veterans
    The third targeted group was Vietnam-era veterans certified 
by the designated local employment agency as members of 
economically disadvantaged families. For these purposes, a 
Vietnam-era veteran was an individual who had served on active 
duty (other than for training) in the Armed Forces for more 
than 180 days, or who had been discharged or released from 
active duty in the Armed Forces for a service-connected 
disability, but in either case, the active duty must have taken 
place after August 4, 1964, and before May 8, 1975. However, 
any individual who had served for a period of more than 90 days 
during which the individual was on active duty (other than for 
training) was not an eligible employee if any of this active 
duty occurred during the 60-day period ending on the date the 
individual was hired by the employer. This latter rule was 
intended to prevent employers who hired current members of the 
armed services (or those departed from service within the last 
60-days) from receiving the credit.
            (4) SSI recipients
    The fourth targeted group was individuals receiving either 
Supplemental Security Income (``SSI'') under Title XVI of the 
Social Security Act or State supplements described in section 
1616 of that Act or section 212 of P.L. 93-66. To be an 
eligible employee, the individual must have received SSI 
payments during at least a one-month period ending during the 
60-day period that ended on the date the individual was hired 
by the employer. The designated local agency was to issue the 
certification after a determination by the agency making the 
payments that these conditions had been fulfilled.
            (5) General assistance recipients
    General assistance recipients were individuals who received 
general assistance for a period of not less than 30 days if 
that period ended within the 60-day period ending on the date 
the individual was hired by the employer. General assistance 
programs were State and local programs that provided 
individuals with money payments, vouchers, or scrip based on 
need. These programs were referred to by a wide variety of 
names, including home relief, poor relief, temporary relief, 
and direct relief. Because of the wide variety of such 
programs, Congress provided that a recipient was an eligible 
employee only after the program had been designated by the 
Secretary of the Treasury as a program that provided money 
payments, vouchers, or scrip to needy individuals. 
Certification was performed by the designated local agency.
            (6) Economically disadvantaged former convicts
    The sixth targeted group included any individual who was 
certified by the designated local employment agency as (1) 
having at some time been convicted of a felony under State or 
Federal law, (2) being a member of an economically 
disadvantaged family, and (3) having been hired within five 
years of the later of release from prison or date of 
conviction.
            (7) Economically disadvantaged cooperative education 
                    students
    The seventh targeted group was youths who (1) actively 
participated in qualified cooperative education programs, (2) 
had attained age 16 but had not attained age 20, (3) had not 
graduated from high school or vocational school, and (4) were 
members of economically disadvantaged families. The definitions 
of a qualified cooperative education program and a qualified 
school were similar to those used in the Vocational Education 
Act of 1963. Thus, a qualified cooperative education program 
meant a program of vocational education for individuals who, 
through written cooperative arrangements between a qualified 
school and one or more employers, received instruction, 
including required academic instruction, by alternation of 
study in school with a job in any occupational field, but only 
if these two experiences were planned and supervised by the 
school and the employer so that each experience contributed to 
the student's education and employability.
    For this purpose, a qualified school was (1) a specialized 
high school used exclusively or principally for the provision 
of vocational education to individuals who were available for 
study in preparation for entering the labor market, (2) the 
department of a high school used exclusively or principally for 
providing vocational education to individuals who were 
available for study in preparation for entering the labor 
market, or (3) a technical or vocational school used 
exclusively or principally for the provision of vocational 
education to individuals who had completed or left high school 
and who were available for study in preparation for entering 
the labor market. In order for a nonpublic school to be a 
qualified school, it must have been exempt from income tax 
under section 501(a) of the Code.
    The certification was performed by the school participating 
in the cooperative education program. After initial 
certification, an individual remained a member of the targeted 
group only while meeting the program participation, age, and 
degree status requirements of (a), (b), and (c), above.
            (8) AFDC recipients
    The eighth targeted group included any individual who was 
certified by the designated local employment agency as being 
eligible for Aid to Families with Dependent Children (``AFDC'') 
and as having continually received such aid during the 90 days 
before being hired by the employer.
            (9) Economically disadvantaged summer youth employees
    The ninth targeted group included youths who performed 
services during any 90-day period between May 1 and September 
15 of a given year and who were certified by the designated 
local agency as (1) being 16 or 17 years of age on the hiring 
date and (2) a member of an economically disadvantaged family. 
A youth must not have been an employee of the employer prior to 
that 90-day period. With respect to any particular employer, an 
employee could qualify only one time for this summer youth 
credit. If, after the end of the 90-day period, the employer 
continued to employ a youth who was certified during the 90-day 
period as a member of another targeted group, the limit on 
qualified first-year wages took into account wages paid to the 
youth while a qualified summer youth employee.

Definition of wages

    In general, wages eligible for the credit were defined by 
reference to the definition of wages under the Federal 
Unemployment Tax Act (FUTA) in section 3306(b) of the Code, 
except that the dollar limits did not apply. Because wages paid 
to economically disadvantaged cooperative education students 
and to certain agricultural and railroad employees were not 
FUTA wages, special rules were provided for these wages.
    Wages were taken into account for purposes of the credit 
only if more than one-half of the wages paid during the taxable 
year to an employee were for services in the employer's trade 
or business. The test as to whether more than one-half of an 
employee's wages were for services in a trade or business was 
applied to each separate employer without treating related 
employers as a single employer.

Other rules

    In order to prevent taxpayers from eliminating all tax 
liability by reason of the credit, the amount of the credit 
could not exceed 90 percent of the taxpayer's income tax 
liability. Furthermore, the credit was allowed only after 
certain other nonrefundable credits had been taken. If, after 
applying these other credits, 90 percent of an employer's 
remaining tax liability for the year was less than the targeted 
jobs tax credit, the excess credit could be carried back three 
years and carried forward 15 years.
    All employees of all corporations that were members of a 
controlled group of corporations were to be treated as if they 
were employees of the same corporation for purposes of 
determining the years of employment of any employee and wages 
for any employee up to $6,000. Generally, under the controlled 
group rules, the credit allowed the group was the same as if 
the group were a single company. A comparable rule was provided 
in the case of partnerships, sole proprietorships, and other 
trades or businesses (whether or not incorporated) that were 
under common control, so that all employees of such 
organizations generally were to be treated as if they were 
employed by a single person. The amount of targeted jobs tax 
credit allowable to each member of the controlled group was its 
proportionate share of the wages giving rise to the credit.
    No credit was available for the hiring of certain related 
individuals (primarily dependents or owners of the taxpayer). 
The credit was also not available for wages paid to an 
individual who was employed by the employer at any time during 
which the individual was not a certified member of a targeted 
group.
    No credit was available for wages paid by an employer to an 
individual for services that were the same as, or substantially 
similar to, those services performed by employees participating 
in, or affected by, a strike or lockout during the period of 
such strike or lockout. This rule applied to wages paid to 
individuals whose principal place of employment was a plant or 
facility where there was a strike or lockout.
    No credit was allowed for wages paid unless the eligible 
individual was either (1) employed by the employer for at least 
90 days (14 days in the case of economically disadvantaged 
summer youth employees) or (2) had completed at least 120 hours 
(20 hours for summer youth) of services performed for the 
employer.

                           Reasons for Change

    While the prior-law targeted jobs tax credit was the 
subject of some criticism, the Committee believes that a tax 
credit mechanism can provide an important incentive for 
employers to undertake the expense of providing jobs and 
training to economically disadvantaged individuals, many of 
whom are underskilled and/or undereducated. The bill creates a 
new program whose design will focus on individuals with poor 
workplace attachments, streamline administrative burdens, 
promote longer-term employment, and thereby reduce costs 
relative to the prior-law program. The Committee intends that 
this short-term program will provide the Congress and the 
Treasury and Labor Departments an opportunity to assess fully 
the operation and effectiveness of the new credit as a hiring 
incentive.

                        Explanation of Provision

General rules

    The bill replaces the targeted jobs tax credit with the 
``work opportunity tax credit.'' The work opportunity tax 
credit is available on an elective basis for employers hiring 
individuals from one or more of six targeted groups. The credit 
generally is equal to 35 percent of qualified wages. Qualified 
wages consist of wages attributable to service rendered by a 
member of a targeted group during the one-year period beginning 
with the day the individual begins work for the employer. For a 
vocational rehabilitation referral, however, the period will 
begin on the day the individual begins work for the employer on 
or after the beginning of the individual's vocational 
rehabilitation plan as under prior law.
    Generally, no more than $6,000 of wages during the first 
year of employment is permitted to be taken into account with 
respect to any individual. Thus, the maximum credit per 
individual is $2,100. With respect to qualified summer youth 
employees, the maximum credit is 35 percent of up to $3,000 of 
qualified first-year wages, for a maximum credit of $1,050.
    The deduction for wages is reduced by the amount of the 
credit.

Certification of members of targeted groups

    In general, an individual is not be treated as a member of 
a targeted group unless: (1) on or before the day the 
individual begins work for the employer, the employer received 
in writing a certification from the designated local agency 
that the individual is a member of a specific targeted group, 
or (2) on or before the day the individual is offered work with 
the employer, a pre-screening notice is completed with respect 
to that individual by the employer and within 14 days after the 
individual begins work for the employer, the employer submits 
such notice, signed by the employer and the individual under 
penalties of perjury, to the designated local agency as part of 
a written request for certification. The pre-screening notice 
will contain the information provided to the employer by the 
individual that forms the basis of the employer's belief that 
the individual is a member of a targeted group.
    If a certification is incorrect because it is based on 
false information provided as to the individual's membership in 
a targeted group, the certification will be revoked. No credit 
will be allowed on wages paid after receipt by the employer of 
the revocation notice.
    If a designated local agency rejects a certification 
request it will have to provide a written explanation of the 
basis of the rejection.

Targeted groups eligible for the credit

            (1) Families receiving AFDC
    An eligible recipient is an individual certified by the 
designated local employment agency as being a member of a 
family eligible to receive benefits under AFDC or its successor 
program for a period of at least nine months part of which is 
during the 9-month period ending on the hiring date. For these 
purposes, each member of the family receiving such assistance 
is treated as receiving such assistance and therefore is 
treated as an eligible recipient.
            (2) Qualified ex-felon
    A qualified ex-felon is an individual certified as: (1) 
having been convicted of a felony under any State or Federal 
law, (2) being a member of a family that had an income during 
the six months before the earlier of the date of determination 
or the hiring date which on an annual basis is 70 percent or 
less of the Bureau of Labor Statistics lower living standard, 
and (3) having a hiring date within one year of release from 
prison or date of conviction.
            (3) High-risk-youth
    A high-risk youth is an individual certified as being at 
least 18 but not 25 on the hiring date and as having a 
principal place of abode within an empowerment zone or 
enterprise community (as defined under Subchapter U of the 
Internal Revenue Code). Qualified wages will not include wages 
paid or incurred for services performed after the individual 
moves outside an empowerment zone or enterprise community.
            (4) Vocational rehabilitation referral
    Vocational rehabilitation referrals are those individuals 
who have a physical or mental disability that constitutes a 
substantial handicap to employment and who have been referred 
to the employer while receiving, or after completing, 
vocational rehabilitation services under an individualized, 
written rehabilitation plan under a State plan approved under 
the Rehabilitation Act of 1973 or under a rehabilitation plan 
for veterans carried out under Chapter 31 of Title 38, U.S. 
Code. Certification will be provided by the designated local 
employment agency upon assurances from the vocational 
rehabilitation agency that the employee has met the above 
conditions.
            (5) Qualified summer youth employee
    Qualified summer youth employees are individuals: (1) who 
perform services during any 90-day period between May 1 and 
September 15, (2) who are certified by the designated local 
agency as being 16 or 17 years of age on the hiring date, (3) 
who have not been an employee of that employer before, and (4) 
who are certified by the designated local agency as having a 
principal place of abode within an empowerment zone or 
enterprise community (as defined under Subchapter U of the 
Internal Revenue Code). As with high-risk youths, no credit is 
available on wages paid or incurred for service performed after 
the qualified summer youth moves outside of an empowerment zone 
or enterprise community. If, after the end of the 90-day 
period, the employer continues to employ a youth who was 
certified during the 90-day period as a member of another 
targeted group, the limit on qualified first-year wages will 
take into account wages paid to the youth while a qualified 
summer youth employee.
            (6) Qualified Veteran
    A qualified veteran is a veteran who is a member of a 
family certified as receiving assistance under: (1) AFDC for a 
period of at least nine months part of which is during the 12-
month period ending on the hiring date, or (2) a food stamp 
program under the Food Stamp Act of 1977 for a period of at 
least three months part of which is during the 12-month period 
ending on the hiring date.
    Further, a qualified veteran is an individual who has 
served on active duty (other than for training) in the Armed 
Forces for more than 180 days or who has been discharged or 
released from active duty in the Armed Forces for a service-
connected disability. However, any individual who has served 
for a period of more than 90 days during which the individual 
was on active duty (other than for training) is not an eligible 
employee if any of this active duty occurred during the 60-day 
period ending on the date the individual was hired by the 
employer. This latter rule is intended to prevent employers who 
hire current members of the armed services (or those departed 
from service within the last 60 days) from receiving the 
credit.

Definition of wages and other rules

    In general, wages eligible for the credit are defined by 
reference to the definition of wages under the Federal 
Unemployment Tax Act (``FUTA'') in section 3306(b) of the Code, 
except that the dollar limits do not apply.
    Wages are taken into account for purposes of the credit 
only if more than one-half of the wages paid during the taxable 
year to an employee are for services in the employer's trade or 
business. The test as to whether more than one-half of an 
employee's wages are for services in a trade or business are 
applied to each separate employer without treating related 
employers as a single employer.
    In order to prevent taxpayers from eliminating all tax 
liability by reason of the credit, the amount of the credit may 
not exceed 90 percent of the taxpayer's income tax liability. 
Furthermore, the credit is allowed only after certain other 
nonrefundable credits had been taken. If, after applying these 
other credits, 90 percent of an employer's remaining tax 
liability for the year is less than the targeted jobs tax 
credit, the excess credit can be carried back three years and 
carried forward 15 years.
    All employees of all corporations that are members of a 
controlled group of corporations are treated as if they were 
employees of the same corporation for purposes of determining 
the years of employment of any employee and wages for any 
employee up to $6,000. Generally, under the controlled group 
rules, the credit allowed the group is the same as if the group 
were a single company. A comparable rule is provided in the 
case of partnerships, sole proprietorships, and other trades or 
businesses (whether or not incorporated) that are under common 
control, so that all employees of such organizations generally 
are treated as if they was employed by a single person. The 
amount of the credit allowable to each member of the controlled 
group is its proportionate share of the wages giving rise to 
the credit.
    No credit is available for the hiring of certain related 
individuals (primarily dependents or owners of the taxpayer). 
The credit is also not available for wages paid to an 
individual who is employed by the employer at any time during 
which the individual is not a certified member of a targeted 
group.
    No credit is available for wages paid by an employer to an 
individual for services that are the same as, or substantially 
similar to, those services performed by employees participating 
in, or affected by, a strike or lockout during the period of 
such strike or lockout. This rule applies to wages paid to 
individuals whose principal place of employment is a plant or 
facility where there is a strike or lockout.

Minimum employment period

    No credit is allowed for wages paid unless the eligible 
individual is employed by the employer for at least 180 days 
(20 days in the case of a qualified summer youth employee) or 
500 hours (120 hours in the case of a qualified summer youth 
employee).

                             Effective Date

    The credit is effective for wages paid or incurred to a 
qualified individual who begins work for an employer after June 
30, 1996, and before July 1, 1997.

2. Employer-provided educational assistance (sec. 1202 of the bill and 
        sec. 127 of the Code)

                         Present and Prior Law

    For taxable years beginning before January 1, 1995, an 
employee's gross income and wages did not include amounts paid 
or incurred by the employer for educational assistance provided 
to the employee if such amounts were paid or incurred pursuant 
to an educational assistance program that met certain 
requirements. This exclusion, which expired for taxable years 
beginning after December 31, 1994, was limited to $5,250 of 
educational assistance with respect to an individual during a 
calendar year. The exclusion applied whether or not the 
education was job related. In the absence of this exclusion, 
educational assistance is excludable from income only if it is 
related to the employee's current job.

                           Reasons for Change

    The section 127 exclusion for employer-provided educational 
assistance was first established on a temporary basis by the 
Revenue Act of 1978 (through 1983). It subsequently was 
extended, again on a temporary basis, by Public Law 98-611 
(through 1985), by the Tax Reform Act of 1986 (through 1987), 
by the Technical and Miscellaneous Revenue Act of 1988 (through 
1988), by the Omnibus Budget Reconciliation Act of 1989 
(through September 30, 1990), by the Omnibus Budget 
Reconciliation Act of 1990 (through 1991), by the Tax Extension 
Act of 1991 (through June 30, 1992), and by the Omnibus Budget 
Reconciliation Act of 1993 (through December 31, 1994). Public 
Law 98-611 adopted a $5,000 annual limit on the exclusion; this 
limit was subsequently raised to $5,250 in the Tax Reform Act 
of 1986. The Technical and Miscellaneous Revenue Act of 1988 
made the exclusion inapplicable to graduate-level courses. The 
restriction on graduate-level courses was repealed by the 
Omnibus Budget Reconciliation Act of 1990, effective for 
taxable years beginning after December 31, 1990.
    The Committee believes that the exclusion for employer-
provided educational assistance should be extended because it 
provides needed assistance to workers and aids U.S. 
competitiveness by encouraging a better-educated work force. 
The need to balance the Federal budget necessitates some 
modification to the exclusion, as well as limiting it (as other 
expiring tax provisions), to a temporary extension. The 
Committee believes that the exclusion for employer-provided 
education should be targeted to those most in need of 
educational assistance--low- and middle-income employees who 
seek to obtain education which improves their skills and 
qualifies them for better jobs. Accordingly, the Committee 
believes it appropriate to reinstate the restriction on 
graduate-level education. However, due to the past practice of 
extending the exclusion after it has expired, the Committee is 
concerned that some taxpayers may have assumed that the 
exclusion would be available for graduate education during 
1995. Thus, the restriction on graduate-level education is 
effective beginning in 1996.

                        Explanation of Provision

    The bill extends the exclusion for employer-provided 
educational assistance for taxable years beginning after 
December 31, 1994, and before January 1, 1997. In years 
beginning after December 31, 1995, the exclusion would not 
apply with respect to graduate-level courses.
    To the extent employers have previously filed Forms W-2 
reporting the amount of educational assistance provided as 
taxable wages, present Treasury regulations would require the 
employer to file Forms W-2c (i.e., corrected Forms W-2) with 
the Internal Revenue Service.2 It is intended that 
employers would also be required to provide copies of Form W-2c 
to affected employees.
---------------------------------------------------------------------------
    \2\ Treasury regulation section 31.6051-1(c).
---------------------------------------------------------------------------
    The Secretary is directed to establish expedited procedures 
for the refund of any overpayment of employment taxes paid on 
excludable educational assistance provided in 1995 and 1996, 
including procedures for waiving the requirement that an 
employer obtain an employee's signature if the employer 
demonstrates to the satisfaction of the Secretary that any 
refund collected by the employer on behalf of the employee will 
be paid to the employee.
    Because the exclusion is extended, no interest and 
penalties should be imposed if an employer failed to withhold 
income and employment taxes on excludable educational 
assistance or failed to report such educational assistance. 
Further, it is intended that the Secretary establish expedited 
procedures for refunding any interest and penalties relating to 
educational assistance previously paid.

                             Effective Date

    The provision is effective with respect to taxable years 
beginning after December 31, 1994, and before January 1, 1997, 
and the restriction of the exclusion to undergraduate education 
is effective for taxable years beginning after December 31, 
1995.

3. Permanent extension of FUTA exemption for alien agricultural workers 
        (sec. 1203 of the bill and sec. 3306 of the Code)

                              Present Law

    Generally, the Federal Unemployment Tax (``FUTA'') is 
imposed on farm operators who (1) employ 10 or more 
agricultural workers for some portion of each of 20 different 
days, each day being in a different calendar week or (2) have a 
quarterly payroll for agricultural services of at least 
$20,000. An exclusion from FUTA was provided, however, for 
labor performed by an alien admitted to the United States to 
perform agricultural labor under section 214(c) and 
101(a)(15)(H) of the Immigration and Nationality Act. This 
exclusion was effective for labor performed before January 1, 
1995.

                           Reasons for Change

    The committee believes that the FUTA exemption is 
appropriate in light of the ineligibility of those workers for 
FUTA benefits. Further, a permanent extension will provide 
certainty to taxpayers, ease tax administration, and obviate 
the need for further short-term extensions.

                        Explanation of Provision

    The bill permanently extends the FUTA exemption for alien 
agricultural workers.

                             Effective Date

    The provision is effective for labor performed on or after 
January 1, 1995.

                C. Provisions Relating to S Corporations

1. S corporations permitted to have 75 shareholders (sec. 1301 of the 
        bill and sec. 1361 of the Code)

                              Present Law

    The taxable income or loss of an S corporation is taken 
into account by the corporation's shareholders, rather than by 
the entity, whether or not such income is distributed. A small 
business corporation may elect to be treated as an S 
corporation. A ``small business corporation'' is defined as a 
domestic corporation which is not an ineligible corporation and 
which does not have (1) more than 35 shareholders, (2) as a 
shareholder, a person (other than certain trusts or estates) 
who is not an individual, (3) a nonresident alien as a 
shareholder, and (4) more than one class of stock. For purposes 
of the 35-shareholder limitation, a husband and wife are 
treated as one shareholder.

                           Reasons for Change

    The Committee believes that increasing the maximum number 
of shareholders of an S corporation will facilitate corporate 
ownership by additional family members, employees and capital 
investors.

                        Explanation of Provision

    The provision increases maximum number of shareholders from 
35 to 75.

                             Effective Date

    The provision applies to taxable years beginning after 
December 31, 1996.

2. Electing small business trusts (sec. 1302 of the bill and sec. 1361 
        of the Code)

                              Present Law

    Under present law, trusts other than grantor trusts, voting 
trusts, certain testamentary trusts and ``qualified subchapter 
S trusts'' may not be shareholders in a S corporation. A 
``qualified subchapter S trust'' is a trust which, under its 
terms, (1) is required to have only one current income 
beneficiary (for life), (2) any corpus distributed during the 
life of the beneficiary must be distributed to the beneficiary, 
(3) the beneficiary's income interest must terminate at the 
earlier of the beneficiary's death or the termination of the 
trust, and (4) if the trust terminates during the beneficiary's 
life, the trust assets must be distributed to the beneficiary. 
All the income (as defined for local law purposes) must be 
currently distributed to that beneficiary. The beneficiary is 
treated as the owner of the portion of the trust consisting of 
the stock in the S corporation.

                           Reasons for Change

    The Committee believes that a trust that provides for 
income to be distributed to (or accumulated for) a class of 
individuals should be allowed to hold S corporation stock. This 
would allow an individual to establish a trust to hold S 
corporation stock and ``spray'' income among family members (or 
others) who are beneficiaries of the trust. The Committee 
believes allowing such an arrangement will facilitate family 
financial planning.

                        Explanation of Provision

In general

    The provision allows stock in an S corporation to be held 
by certain trusts (``electing small business trusts''). In 
order to qualify for this treatment, all beneficiaries of the 
trust must be individuals or estates eligible to be S 
corporation shareholders, except that charitable organizations 
may hold contingent remainder interests. No interest in the 
trust may be acquired by purchase. For this purpose, 
``purchase'' means any acquisition of property with a cost 
basis (determined under sec. 1012). Thus, interests in the 
trust must be acquired by reason of gift, bequest, etc.
    A trust must elect to be treated as an electing small 
business trust. An election applies to the taxable year for 
which made and could be revoked only with the consent of the 
Secretary of the Treasury or his delegate.
    Each potential current beneficiary of the trust is counted 
as a shareholder for purposes of the proposed 75 shareholder 
limitation (or if there were no potential current 
beneficiaries, the trust would be treated as the shareholder). 
A potential current income beneficiary means any person, with 
respect to the applicable period, who is entitled to, or at the 
discretion of any person may receive, a distribution from the 
principal or income of the trust. Where the trust disposes of 
all the stock in an S corporation, any person who first became 
so eligible during the 60 days before the disposition is not 
treated as a potential current beneficiary.
    A qualified subchapter S trust with respect to which an 
election is in effect or an exempt trust is not eligible to 
qualify as an electing small business trust.

Treatment of items relating to S corporation stock

    The portion of the trust which consists of stock in one or 
more S corporations is treated as a separate trust for purposes 
of computing the income tax attributable to the S corporation 
stock held by the trust. The trust is taxed at the highest 
individual rate (currently, 39.6 percent on ordinary income and 
28 percent on net capital gain) on this portion of the trust's 
income. The taxable income attributable to this portion 
includes (1) the items of income, loss, or deduction allocated 
to it as an S corporation shareholder under the rules of 
subchapter S, (2) gain or loss from the sale of the S 
corporation stock, and (3) to the extent provided in 
regulations, any state or local income taxes and administrative 
expenses of the trust properly allocable to the S corporation 
stock. Otherwise allowable capital losses are allowed only to 
the extent of capital gains.
    In computing the trust's income tax on this portion of the 
trust, no deduction is allowed for amounts distributed to 
beneficiaries, and no deduction or credit is allowed for any 
item other than the items described above. This income is not 
included in the distributable net income of the trust, and thus 
is not included in the beneficiaries' income. No item relating 
to the S corporation stock could be apportioned to any 
beneficiary.
    On the termination of all or any portion of an electing 
small business trust the loss carryovers or excess deductions 
referred to in section 642(h) is taken into account by the 
entire trust, subject to the usual rules on termination of the 
entire trust.

Treatment of remainder of items held by trust

    In determining the tax liability with regard to the 
remaining portion of the trust, the items taken into account by 
the subchapter S portion of the trust are disregarded. Although 
distributions from the trust are deductible in computing the 
taxable income on this portion of the trust, under the usual 
rules of subchapter J, the trust's distributable net income 
does not include any income attributable to the S corporation 
stock.

Termination of trust and conforming amendment applicable to all trusts

    Where the trust terminates before the end of the S 
corporation's taxable year, the trust takes into account its 
pro rata share of S corporation items for its final year. The 
bill makes a conforming amendment applicable to all trusts and 
estates clarifying that this is the present-law treatment of 
trusts and estates that terminate before the end of the S 
corporation's taxable year.

                             Effective Date

    The provision applies to taxable years beginning after 
December 31, 1996.

3. Expansion of post-death qualification for certain trusts (sec. 1303 
        of the bill and sec. 1361 of the Code)

                              Present Law

    Under present law, trusts other than grantor trusts, voting 
trusts, certain testamentary trusts and ``qualified subchapter 
S trusts'' may not be shareholders in a S corporation. A 
grantor trust may remain an S corporation shareholder for 60 
days after the death of the grantor. The 60-day period is 
extended to 2 years if the entire corpus of the trust is 
includable in the gross estate of the deemed owner. In 
addition, a trust may be an S corporation shareholder for 60 
days after the transfer of S corporation pursuant to a will.

                           Reasons for Change

    The Committee believes that the 60-day holding period 
applicable to certain testamentary trusts should be expanded to 
facilitate estate administration.

                        Explanation of Provision

    The provision expands the post-death holding period to 2 
years for all testamentary trusts.

                             Effective Date

    The provision applies to taxable years beginning after 
December 31, 1996.

4. Financial institutions permitted to hold safe harbor debt (sec. 1304 
        of the bill and sec. 1361 of the Code)

                              Present Law

    A small business corporation eligible to be an S 
corporation may not have more than one class of stock. Certain 
debt (``straight debt'') is not treated as a second class of 
stock so long as such debt is an unconditional promise to pay 
on demand or on a specified date a sum certain in money if: (1) 
the interest rate (and interest payment dates) are not 
contingent on profits, the borrower's discretion, or similar 
factors; (2) there is no convertibility (directly or 
indirectly) into stock, and (3) the creditor is an individual 
(other than a nonresident alien), an estate, or certain 
qualified trusts.

                           Reasons for Change

    The Committee believes that bona fide debt should not be 
excluded from the subchapter S safe harbor simply because the 
debt is held by a financial institution.

                        Explanation of Provision

    The definition of ``straight debt'' is expanded to include 
debt held by creditors, other than individuals, that are 
actively and regularly engaged in the business of lending 
money.

                             Effective Date

    The provision applies to taxable years beginning after 
December 31, 1996.

5. Rules relating to inadvertent terminations and invalid elections 
        (sec. 1305 of the bill and sec. 1362 of the Code)

                              Present Law

    Under present law, if the Internal Revenue Service 
(``IRS'') determines that a corporation's Subchapter S election 
is inadvertently terminated, the IRS can waive the effect of 
the terminating event for any period if the corporation timely 
corrects the event and if the corporation and shareholders 
agree to be treated as if the election had been in effect for 
that period. Such waivers generally are obtained through the 
issuance of a private letter ruling. Present law does not grant 
the IRS the ability to waive the effect of an inadvertent 
invalid Subchapter S election.
    In addition, under present law, a small business 
corporation must elect to be an S corporation no later than the 
15th day of the third month of the taxable year for which the 
election is effective. The IRS may not validate a late 
election.

                           Reasons for Change

    The Committee believes that the Secretary of the Treasury 
should have the same authority to validate inadvertently 
defective subchapter S elections as it has for inadvertent 
subchapter S terminations.

                        Explanation of Provision

    Under the provision, the authority of the IRS to waive the 
effect of an inadvertent termination is extended to allow the 
Service to waive the effect of an invalid election caused by an 
inadvertent failure to qualify as a small business corporation 
or to obtain the required shareholder consents (including 
elections regarding qualified subchapter S trusts), or both. 
The provision also allows the IRS to treat a late Subchapter S 
election as timely where the Service determines that there was 
reasonable cause for the failure to make the election timely. 
The IRS may exercise this authority in cases where the taxpayer 
never filed an election. It is intended that the IRS be 
reasonable in exercising this authority and apply standards 
that are similar to those applied under present law to 
inadvertent subchapter S terminations and other late or invalid 
elections.

                             Effective Date

    The provision applies to taxable years beginning after 
December 31, 1982.\3\
---------------------------------------------------------------------------
    \3\ This is the effective date of the present-law provision 
regarding inadvertent terminations.
---------------------------------------------------------------------------

6. Agreement to terminate year (sec. 1306 of the bill and sec. 1377 of 
        the Code)

                              Present Law

    In general, each item of S corporation income, deduction 
and loss is allocated to shareholders on a per-share, per-day 
basis. However, if any shareholder terminates his or her 
interest in an S corporation during a taxable year, the S 
corporation, with the consent of all its shareholders, may 
elect to allocate S corporation items by closing its books as 
of the date of such termination rather than apply the per-
share, per-day rule.

                           Reasons for Change

    The Committee believes that the election to close the books 
of an S corporation does not need the consent of a shareholder 
whose tax liability is unaffected by the election.

                        Explanation of Provision

    The provision provides that, under regulations to be 
prescribed by the Secretary of the Treasury, the election to 
close the books of the S corporation upon the termination of a 
shareholder's interest is made by all affected shareholders and 
the corporation, rather than by all shareholders. The closing 
of the books applies only to the affected shareholders. For 
this purpose, ``affected shareholders'' means any shareholder 
whose interest is terminated and all shareholders to whom such 
shareholder has transferred shares during the year. If a 
shareholder transferred shares to the corporation, ``affected 
shareholders'' includes all persons who were shareholders 
during the year.

                             Effective Date

    The provision applies to taxable years beginning after 
December 31, 1996.

7. Expansion of post-termination transition period (sec. 1307 of the 
        bill and secs. 1377 and 6037 of the Code)

                              Present Law

    Distributions made by a former S corporation during its 
post-termination period are treated in the same manner as if 
the distributions were made by an S corporation (e.g., treated 
by shareholders as nontaxable distributions to the extent of 
the accumulated adjustment account). Distributions made after 
the post-termination period are generally treated as made by a 
C corporation (i.e., treated by shareholders as taxable 
dividends to the extent of earnings and profits).
    The ``post-termination period'' is the period beginning on 
the day after the last day of the last taxable year of the S 
corporation and ending on the later of: (1) a date that is one 
year later, or (2) the due date for filing the return for the 
last taxable year and the 120-day period beginning on the date 
of a determination that the corporation's S corporation 
election had terminated for a previous taxable year.
    In addition, the audit procedures adopted by the Tax Equity 
and Fiscal Responsibility Act of 1982 (``TEFRA'') with respect 
to partnerships also apply to S corporations. Thus, the tax 
treatment of items is determined at the corporate, rather than 
individual level.

                           Reasons for Change

    The Committee believes that the current scope of the 
``post-termination period'' is insufficient under present law. 
In addition, the Committee believes that the TEFRA audit 
procedures should be inapplicable to entities with a limited 
number of owners.

                        Explanation of Provision

    The present-law definition of post-termination period is 
expanded to include the 120-day period beginning on the date of 
any determination pursuant to an audit of the taxpayer that 
follows the termination of the S corporation's election and 
that adjusts a subchapter S item of income, loss or deduction 
of the S corporation during the S period. In addition, the 
definition of ``determination'' is expanded to include a final 
disposition of the Secretary of the Treasury of a claim for 
refund and, under regulations, certain agreements between the 
Secretary and any person, relating to the tax liability of the 
person.
    In addition, the provision repeals the TEFRA audit 
provisions applicable to S corporations and provides other 
rules to require consistency between the returns of the S 
corporation and its shareholders.

                             Effective Date

    The provision applies to taxable years beginning after 
December 31, 1996.

8. S corporations permitted to hold subsidiaries (sec. 1308 of the bill 
        and secs. 1361 and 1362 of the Code)

                              Present Law

    A small business corporation may not be a member of an 
affiliated group of corporations (other than by reason of 
ownership in certain inactive corporations). Thus, an S 
corporation may not own 80 percent or more of the stock of 
another corporation (whether an S corporation or a C 
corporation).
    In addition, a small business corporation may not have as a 
shareholder another corporation (whether an S corporation or a 
C corporation).

                           Reasons for Change

    The Committee understands that there are situations where 
taxpayers may wish to separate different trades or businesses 
in different corporate entities. The Committee believes that, 
in such situations, shareholders should be allowed to arrange 
these separate corporate entities under parent-subsidiary 
arrangements as well as brother-sister arrangements.

                        Explanation of Provision

C corporation subsidiaries

    An S corporation is allowed to own 80 percent or more of 
the stock of a C corporation. The C corporation subsidiary 
could elect to join in the filing of a consolidated return with 
its affiliated C corporations. An S corporation is not allowed 
to join in such election. Dividends received by an S 
corporation from a C corporation in which the S corporation has 
an 80 percent or greater ownership stake is not treated as 
passive investment income for purposes of sections 1362 and 
1375 to the extent the dividends are attributable to the 
earnings and profits of the C corporation derived from the 
active conduct of a trade or business.

S corporation subsidiaries

    In addition, an S corporation is allowed to own a qualified 
subchapter S subsidiary. The term ``qualified subchapter S 
subsidiary'' means a domestic corporation that is not an 
ineligible corporation (i.e., a corporation that would be 
eligible to be an S corporation if the stock of the corporation 
were held directly by the shareholders of its parent S 
corporation) if (1) 100 percent of the stock of the subsidiary 
were held by its S corporation parent and (2) for which the 
parent elects to treat as a qualified subchapter S subsidiary. 
If a subsidiary ceases to be a qualified S corporation 
subsidiary (either because the subsidiary fails to qualify or 
the parent revokes the election) another such election may not 
be made for the subsidiary by the parent for five years without 
the consent of the Secretary of the Treasury.
    Under the election, the qualified subchapter S subsidiary 
is not treated as a separate corporation and all the assets, 
liabilities, and items of income, deduction, and credit of the 
subsidiary are treated as the assets, liabilities, and items of 
income, deduction, and credit of the parent S corporation. 
Thus, transactions between the S corporation parent and 
qualified S corporation subsidiary are not taken into account 
and items of the subsidiary (including accumulated earnings and 
profits, passive investment income, built-in gains, etc.) are 
considered to be items of the parent. In addition, if a 
subsidiary ceases to be a qualified subchapter S subsidiary 
(e.g., fails to meet the wholly-owned requirement), the 
subsidiary will be treated as a new corporation acquiring all 
of its assets (and assuming all of its liabilities) immediately 
before such cessation from the parent S corporation in exchange 
for its stock.\4\
---------------------------------------------------------------------------
    \4\ Similar rules apply with respect to wholly owned subsidiaries 
of real estate investment trusts (REITs) under section 856(i) of 
present law.
---------------------------------------------------------------------------
    Under the provision, if an election is made to treat an 
existing corporation (whether or not its stock was acquired 
from another person or previously held by the S corporation) as 
a qualified subchapter S subsidiary, the subsidiary will be 
deemed to have liquidated under sections 332 and 337 
immediately before the election is effective. The built-in 
gains tax under section 1374 and the LIFO recapture tax under 
section 1363(d) may apply where the subsidiary was previously a 
C corporation. Where the stock of the subsidiary was acquired 
by the S corporation in a qualified stock purchase, an election 
under section 338 with respect to the subsidiary may be made.
    Because the parent and each subsidiary corporation that is 
a qualified subchapter S subsidiary are treated for Federal 
income tax purposes as a single corporation, debt issued by a 
subsidiary to a shareholder of the parent corporation will be 
treated as debt of the parent for purposes of determining the 
amount of losses that may flow through to shareholders of the 
parent corporation under section 1366(d)(1)(B). The Secretary 
of the Treasury may prescribe rules as to the order that losses 
pass through where debt of both the parent and subsidiary 
corporations are held by shareholders of the parent. To the 
extent a shareholder of the parent S corporation is not at-risk 
with respect to losses of a subsidiary, the at-risk rules of 
section 465 may cause losses of the subsidiary to be suspended.

                             Effective Date

    The provision applies to taxable years beginning after 
December 31, 1996.

9. Treatment of distributions during loss years (sec. 1309 of the bill 
        and secs. 1366 and 1368 of the Code)

                              Present Law

    Under present law, the amount of loss an S corporation 
shareholder may take into account for a taxable year cannot 
exceed the sum of the shareholder's adjusted basis in his or 
her stock of the corporation and the adjusted basis in any 
indebtedness of the corporation to the shareholder. Any excess 
loss is carried forward.
    Any distribution to a shareholder by an S corporation 
generally is tax-free to the shareholder to the extent of the 
shareholder's adjusted basis of his or her stock. The 
shareholder's adjusted basis is reduced by the tax-free amount 
of the distribution. Any distribution in excess of the 
shareholder's adjusted basis is treated as gain from the sale 
or exchange of property.
    Under present law, income (whether or not taxable) and 
expenses (whether or not deductible) serve, respectively, to 
increase and decrease an S corporation shareholder's basis in 
the stock of the corporation. These rules require that the 
adjustments to basis for items of both income and loss for any 
taxable year apply before the adjustment for distributions 
applies.\5\
---------------------------------------------------------------------------
    \5\ See section 1368(d)(1); H. Rept. 97-826, p. 17; S. Rept. 97-
640, p. 18; Treas. Reg. sec. 1.1367-1(e).
---------------------------------------------------------------------------
    These rules limiting losses and allowing tax-free 
distributions up to the amount of the shareholder's adjusted 
basis are similar in certain respects to the rules governing 
the treatment of losses and cash distributions by partnerships. 
Under the partnership rules (unlike the S corporation rules), 
for any taxable year, a partner's basis is first increased by 
items of income, then decreased by distributions, and finally 
is decreased by losses for that year.\6\
---------------------------------------------------------------------------
    \6\ Treas. Reg. sec. 1.704-1(d)(2); Rev. Rul. 66-94, 1966-1 C.B. 
166.
---------------------------------------------------------------------------
    In addition, if the S corporation has accumulated earnings 
and profits,\7\ any distribution in excess of the amount in an 
``accumulated adjustments account'' will be treated as a 
dividend (to the extent of the accumulated earnings and 
profits). A dividend distribution does not reduce the adjusted 
basis of the shareholder's stock. The ``accumulated adjustments 
account'' generally is the amount of the accumulated 
undistributed post-1982 gross income less deductions.
---------------------------------------------------------------------------
    \7\ An S corporation may have earnings and profits from years prior 
to its subchapter S election or from pre-1983 subchapter S years.
---------------------------------------------------------------------------

                           Reasons for Change

    The Committee believes that the rules regarding the 
treatment of distributions by S corporations during loss years 
should be the same as the rules applicable to partnerships.

                        Explanation of Provision

    The provision provides that the adjustments for 
distributions made by an S corporation during a taxable year 
are taken into account before applying the loss limitation for 
the year. Thus, distributions during a year reduce the adjusted 
basis for purposes of determining the allowable loss for the 
year, but the loss for a year does not reduce the adjusted 
basis for purposes of determining the tax status of the 
distributions made during that year.
    The provision also provides that in determining the amount 
in the accumulated adjustment account for purposes of 
determining the tax treatment of distributions made during a 
taxable year by an S corporation having accumulated earnings 
and profits, net negative adjustments (i.e., the excess of 
losses and deductions over income) for that taxable year are 
disregarded.
    The following examples illustrate the application of these 
provisions:
    Example 1.--X is the sole shareholder of corporation A, a 
calendar year S corporation with no accumulated earnings and 
profits. X's adjusted basis in the stock of A on January 1, 
1998, is $1,000 and X holds no debt of A. During 1998, A makes 
a distribution to X of $600, recognizes a capital gain of $200 
and sustains an operating loss of $900. Under the bill, X's 
adjusted basis in the A stock is increased to $1,200 ($1,000 
plus $200 capital gain recognized) pursuant to section 1368(d) 
to determine the effect of the distribution. X's adjusted basis 
is then reduced by the amount of the distribution to $600 
($1,200 less $600) to determine the application of the loss 
limitation of section 1366(d)(1). X is allowed to take into 
account $600 of A's operating loss, which reduces X's adjusted 
basis to zero. The remaining $300 loss is carried forward 
pursuant to section 1366(d)(2).
    Example 2.--The facts are the same as in Example 1, except 
that on January 1, 1998, A has accumulated earnings and profits 
of $500 and an accumulated adjustments account of $200. Under 
the bill, because there is a net negative adjustment for the 
year, no adjustment is made to the accumulated adjustments 
account before determining the effect of the distribution under 
section 1368(c).
    As to A, $200 of the $600 distribution is a distribution of 
A's accumulated adjustments account, reducing the accumulated 
adjustments account to zero. The remaining $400 of the 
distribution is a distribution of accumulated earnings and 
profits (``E & P'') and reduces A's E & P to $100. A's 
accumulated adjustments account is then increased by $200 to 
reflect the recognized capital gain and reduced by $900 to 
reflect the operating loss, leaving a negative balance in the 
accumulated adjustment account on January 1, 1999, of $700 
(zero plus $200 less $900).
    As to X, $200 of the distribution is applied against X's 
adjusted basis of $1,200 ($1,000 plus $200 capital gain 
recognized), reducing X's adjusted basis to $1,000. The 
remaining $400 of the distribution is taxable as a dividend and 
does not reduce X's adjusted basis. Because X's adjusted basis 
is $1,000, the loss limitation does not apply to X, who may 
deduct the entire $900 operating loss. X's adjusted basis is 
then decreased to reflect the $900 operating loss. Accordingly, 
X's adjusted basis on January 1, 1999, is $100 ($1,000 plus 
$200 less $200 less $900).

                             Effective Date

    The provision applies to taxable years beginning after 
December 31, 1996.

10. Treatment of S corporations under subchapter C (sec. 1310 of the 
        bill and sec. 1371 of the Code)

                              Present Law

    Present law contains several provisions relating to the 
treatment of S corporations as corporations generally for 
purposes of the Internal Revenue Code.
    First, under present law, the taxable income of an S 
corporation is computed in the same manner as in the case of an 
individual (sec. 1363(b)). Under this rule, the provisions of 
the Code governing the computation of taxable income which are 
applicable only to corporations, such as the dividends received 
deduction, do not apply to S corporations.
    Second, except as otherwise provided by the Internal 
Revenue Code and except to the extent inconsistent with 
subchapter S, subchapter C (i.e., the rules relating to 
corporate distributions and adjustments) applies to an S 
corporation and its shareholders (sec. 1371(a)(1)). Under this 
second rule, provisions such as the corporate reorganization 
provisions apply to S corporations. Thus, a C corporation may 
merge into an S corporation tax-free.
    Finally, an S corporation in its capacity as a shareholder 
of another corporation is treated as an individual for purposes 
of subchapter C (sec. 1371(a)(2)). In 1988, the Internal 
Revenue Service took the position that this rule prevents the 
tax-free liquidation of a C corporation into an S corporation 
because a C corporation cannot liquidate tax-free when owned by 
an individual shareholder.\8\ In 1992, the Internal Revenue 
Service reversed its position, stating that the prior ruling 
was incorrect.\9\
---------------------------------------------------------------------------
    \8\ PLR 8818049 (Feb. 10, 1988).
    \9\ PLR 9245004 (July 28, 1992).
---------------------------------------------------------------------------

                           Reasons for Change

    The Committee wishes to clarify that the position taken by 
the Internal Revenue Service in 1992 that allows the tax-free 
liquidation of a C corporation into an S corporation represents 
the proper policy.

                        Explanation of Provision

    The provision repeals the rule that treats an S corporation 
in its capacity as a shareholder of another corporation as an 
individual. Thus, the provision clarifies that the liquidation 
of a C corporation into an S corporation will be governed by 
the generally applicable subchapter C rules, including the 
provisions of sections 332 and 337 allowing the tax-free 
liquidation of a corporation into its parent corporation. 
Following a tax-free liquidation, the built-in gains of the 
liquidating corporation may later be subject to tax under 
section 1374 upon a subsequent disposition. An S corporation 
also will be eligible to make a section 338 election (assuming 
all the requirements are otherwise met), resulting in immediate 
recognition of all the acquired C corporation's gains and 
losses (and the resulting imposition of a tax).
    The repeal of this rule does not change the general rule 
governing the computation of income of an S corporation. For 
example, it does not allow an S corporation, or its 
shareholders, to claim a dividends received deduction with 
respect to dividends received by the S corporation, or to treat 
any item of income or deduction in a manner inconsistent with 
the treatment accorded to individual taxpayers.

                             Effective Date

    The provision applies to taxable years beginning after 
December 31, 1996.

11. Elimination of certain earnings and profits (sec. 1311 of the bill 
        and secs. 1362 and 1375 of the Code)

                              Present Law

    Under present law, the accumulated earnings and profits of 
a corporation are not increased for any year in which an 
election to be treated as an S corporation is in effect. 
However, under the subchapter S rules in effect before revision 
in 1982, a corporation electing subchapter S for a taxable year 
increased its accumulated earnings and profits if its earnings 
and profits for the year exceeded both its taxable income for 
the year and its distributions out of that year's earnings and 
profits. As a result of this rule, a shareholder may later be 
required to include in his or her income the accumulated 
earnings and profits when it is distributed by the corporation. 
The 1982 revision to subchapter S repealed this rule for 
earnings attributable to taxable years beginning after 1982 but 
did not do so for previously accumulated S corporation earnings 
and profits.

                           Reasons for Change

     The Committee believes that the existence of pre-1983 
earnings and profits of an S corporation unnecessarily 
complicates corporate recordkeeping and constitutes a potential 
trap for the unwary.

                        Explanation of Provision

     The provision provides that if a corporation is an S 
corporation for its first taxable year beginning after December 
31, 1996, the accumulated earnings and profits of the 
corporation as of the beginning of that year is reduced by the 
accumulated earnings and profits (if any) accumulated in any 
taxable year beginning before January 1, 1983, for which the 
corporation was an electing small business corporation under 
subchapter S. Thus, such a corporation's accumulated earnings 
and profits are solely attributable to taxable years for which 
an S election was not in effect. This rule is generally 
consistent with the change adopted in 1982 limiting the S 
shareholder's taxable income attributable to S corporation 
earnings to his or her share of the taxable income of the S 
corporation.

                             Effective Date

     The provision applies to taxable years beginning after 
December 31, 1996.

12. Carryover of disallowed losses and deductions under at-risk rules 
        (sec. 1312 of the bill and sec. 1366 of the Code)

                               Present Law

     Under section 1366, the amount of loss an S corporation 
shareholder may take into account cannot exceed the sum of the 
shareholder's adjusted basis in his or her stock of the 
corporation and the unadjusted basis in any indebtedness of the 
corporation to the shareholder. Any disallowed loss is carried 
forward to the next taxable year. Any loss that is disallowed 
for the last taxable year of the S corporation may be carried 
forward to the post-termination period. The ``post-termination 
period'' is the period beginning on the day after the last day 
of the last taxable year of the S corporation and ending on the 
later of: (1) a date that is one year later, or (2) the due 
date for filing the return for the last taxable year and the 
120-day period beginning on the date of a determination that 
the corporation's S corporation election had terminated for a 
previous taxable year.
     In addition, under section 465, a shareholder of an S 
corporation may not deduct losses that are flowed through from 
the corporation to the extent the shareholder is not ``at-
risk'' with respect to the loss. Any loss not deductible in one 
taxable year because of the at-risk rules is carried forward to 
the next taxable year.

                           Reasons for Change

     The Committee believes that losses suspended by the at-
risk rules should be conformed to the treatment of losses 
suspended by the subchapter S basis rules.

                        Explanation of Provision

     Losses of an S corporation that are suspended under the 
at-risk rules of section 465 are carried forward to the S 
corporation's post-termination period.

                             Effective Date

     The provision applies to taxable years beginning after 
December 31, 1996.

13. Adjustments to basis of inherited S stock to reflect certain items 
        of income (sec. 1313 of the bill and sec. 1367 of the Code)

                               Present Law

     Income in respect to a decedent (``IRD'') generally 
consists of items of gross income that accrued during the 
decedent's lifetime but were not includible in the decedent's 
income before his or her death under his or her method of 
accounting. IRD is includible in the income of the person 
acquiring the right to receive such item. A deduction for the 
estate tax attributable to an item of IRD is allowed to such 
person (sec. 691(c)). The cost or basis of property acquired 
from a decedent is its fair market value at the date of death 
(or alternate valuation date if that date is elected for estate 
tax purposes). This basis is often referred to as a ``stepped-
up basis.'' Property that constitutes a right to receive IRD 
does not receive a stepped-up basis.
     The basis of a partnership interest or corporate stock 
acquired from a decedent generally is stepped-up at death. 
Under Treasury regulations, the basis of a partnership interest 
acquired from a decedent is reduced to the extent that its 
value is attributable to items constituting IRD (Treas. reg. 
sec. 1.742-1). This rule insures that the items of IRD held by 
a partnership are not later offset by a loss arising from a 
stepped-up basis. Although S corporation income is taxed to its 
shareholders in a manner similar to the taxation of a 
partnership and its partners, no comparable regulation requires 
a reduction in the basis of stock in an S corporation acquired 
from a decedent where the S corporation holds items of IRD.

                           Reasons for Change

     The Committee believes that the present-law treatment of 
IRD items of an S corporation is unclear and that the treatment 
of such items should be similar to the treatment of identical 
items held by a partnership.

                        Explanation of Provision

     The provision provides that a person acquiring stock in an 
S corporation from a decedent would treat as IRD his or her pro 
rata share of any item of income of the corporation that would 
have been IRD if that item had been acquired directly from the 
decedent. Where an item is treated as IRD, a deduction for the 
estate tax attributable to the item generally will be allowed 
under the provisions of section 691(c). The stepped-up basis in 
the stock in an S corporation acquired from a decedent is 
reduced by the extent to which the value of the stock is 
attributable to items consisting of IRD. This basis rule is 
comparable to the present-law partnership rule.

                             Effective Date

     The provision applies with respect to decedents dying 
after the date of enactment.

14. S corporations eligible for rules applicable to real property 
        subdivided for sale by noncorporate taxpayers (sec. 1314 of the 
        bill and sec. 1237 of the Code)

                               Present Law

     Under present-law section 1237, a lot or parcel of land 
held by a taxpayer other than a corporation generally is not 
treated as ordinary income property solely by reason of the 
land being subdivided if (1) such parcel had not previously 
been held as ordinary income property and if in the year of 
sale, the taxpayer did not hold other real property; (2) no 
substantial improvement has been made on the land by the 
taxpayer, a related party, a lessee, or a government; and (3) 
the land has been held by the taxpayer for five years.

                           Reasons for Change

     The Committee believes that rules generally applicable to 
individuals should be applicable to S corporations.

                        Explanation of Provision

     The provision allows the present-law capital gains 
presumption in the case of land held by an S corporation. It is 
expected that rules similar to the attribution rules for 
partnerships will apply to S corporation (Treas. reg. sec. 
1.1237-1(b)(3)).

                             Effective Date

     The provision is effective for sales in taxable years 
beginning after December 31, 1996.

15. Reelecting subchapter S status (sec. 1315 of the bill and sec. 1362 
        of the Code)

                               Present Law

     A small business corporation that terminates its 
subchapter S election (whether by revocation or otherwise) may 
not make another election to be an S corporation for five 
taxable years unless the Secretary of the Treasury consents to 
such election.

                           Reasons for Change

     The Committee believes that, given the changes made by the 
Committee to subchapter S, it is appropriate to allow 
corporations that terminated their elections under subchapter S 
within the last five years to re-elect subchapter S status 
without the consent of the Secretary.

                        Explanation of Provision

     For purposes of the five-year rule, any termination of 
subchapter S status in effect immediately before the date of 
enactment of the proposal is not to be taken into account. 
Thus, any small business corporation that had terminated its S 
corporation election within the five-year period before the 
date of enactment may re-elect subchapter S status upon 
enactment of the bill without the consent of the Secretary of 
the Treasury.

                             Effective Date

     The provision is effective for terminations occurring in 
taxable year beginning before January 1, 1997.

       PENSION SIMPLIFICATION PROVISIONS; FOREIGN SIMPLIFICATION

A. Simplified Distribution Rules (secs. 1401-1404 of the bill and secs. 
           72(d), 101(b), 401(a)(9), and 402(d) of the Code)

                              Present Law

     In general, a distribution of benefits from a tax-favored 
retirement arrangement (i.e., a qualified plan, a qualified 
annuity plan, and a tax-sheltered annuity contract (sec. 403(b) 
annuity)) generally is includable in gross income in the year 
it is paid or distributed under the rules relating to the 
taxation of annuities.
Lump-sum distributions
     Lump-sum distributions from qualified plans and qualified 
annuity plans are eligible for special 5-year forward 
averaging. In general, a lump-sum distribution is a 
distribution within one taxable year of the balance to the 
credit of an employee that becomes payable to the recipient 
first, on account of the death of the employee, second, after 
the employee attains age 59\1/2\, third, on account of the 
employee's separation from service, or fourth, in the case of 
self-employed individuals, on account of disability. Lump-sum 
treatment is not available for distributions from a tax-
sheltered annuity.
     A taxpayer is permitted to make an election with respect 
to a lump-sum distribution received on or after the employee 
attains age 59\1/2\ to use 5-year forward income averaging 
under the tax rates in effect for the taxable year in which the 
distribution is made. In general, this election allows the 
taxpayer to pay a separate tax on the lump-sum distribution 
that approximates the tax that would be due if the lump-sum 
distribution were received in 5 equal installments. If the 
election is made, the taxpayer is entitled to deduct the amount 
of the lump-sum distribution from gross income. Only one such 
election on or after age 59\1/2\ may be made with respect to 
any employee.
$5,000 exclusion for employer-provided death benefits
     Under present law, the beneficiary or estate of a deceased 
employee generally can exclude up to $5,000 in benefits paid by 
or on behalf of an employer by reason of the employee's death 
(sec. 101(b)).
Recovery of basis
     Amounts received as an annuity under a qualified plan 
generally are includible in income in the year received, except 
to the extent they represent the return of the recipient's 
investment in the contract (i.e., basis). Under present law, a 
pro-rata basis recovery rule generally applies, so that the 
portion of any annuity payment that represents nontaxable 
return of basis is determined by applying an exclusion ratio 
equal to the employee's total investment in the contract 
divided by the total expected payments over the term of the 
annuity.
     Under a simplified alternative method provided by the IRS, 
the taxable portion of qualifying annuity payments is 
determined under a simplified exclusion ratio method.
     In no event can the total amount excluded from income as 
nontaxable return of basis be greater than the recipient's 
total investment in the contract.
Required distributions
     Present law provides uniform minimum distribution rules 
generally applicable to all types of tax-favored retirement 
vehicles, including qualified plans and annuities, IRAs, and 
tax- sheltered annuities.
     Under present law, a qualified plan is required to provide 
that the entire interest of each participant will be 
distributed beginning no later than the participant's required 
beginning date (sec. 401(a)(9)). The required beginning date is 
generally April 1 of the calendar year following the calendar 
year in which the plan participant or IRA owner attains age 
70\1/2\. In the case of a governmental plan or a church plan, 
the required beginning date is the later of first, such April 
1, or second, the April 1 of the year following the year in 
which the participant retires.
Reasons for Change
     In almost all cases, the responsibility for determining 
the tax liability associated with a distribution from a 
qualified plan, tax-sheltered annuity, or IRA rests with the 
individual receiving the distribution. Under present law, this 
task can be burdensome. Among other things, the taxpayer must 
consider (1) whether special tax rules apply that reduce the 
tax that otherwise would be paid, (2) the amount of the 
taxpayer's basis in the plan, annuity, or IRA and the rate at 
which such basis is to be recovered, and (3) whether or not a 
portion of the distribution is excludable from income as a 
death benefit.
     The number of special rules for taxing pension 
distributions makes it difficult for taxpayers to determine 
which method is best for them and also increases the likelihood 
of error. In addition, the specifics of each of the rules 
create complexity. For example, the present-law rules for 
determining the rate at which a participant's basis in a 
qualified plan is recovered often entail calculations that the 
average participant has difficulty performing. These rules 
require a fairly precise estimate of the period over which 
benefits are expected to be paid. The IRS publication on 
taxation of pension distributions (Publication 939) contains 
over 60 pages of actuarial tables used to determine total 
expected payments.
     The original intent of the income averaging rules for 
pension distributions was to prevent a bunching of taxable 
income because a taxpayer received all of the benefits in a 
qualified plan in a single taxable year. Liberalization of the 
rollover rules in the Unemployment Compensation Amendments of 
1992 increased taxpayers' ability to determine the time of the 
income inclusion of pension distributions, and eliminates the 
need for special rules such as 5-year forward income averaging 
to prevent bunching of income.
     It is inappropriate to require all participants to 
commence distributions by age 70\1/2\ without regard to whether 
the participant is still employed by the employer. However, the 
accrued benefit of employees who retire after age 70\1/2\ 
generally should be actuarially increased to take into account 
the period after age 70\1/2\ in which the employee was not 
receiving benefits.

                        Explanation of Provisions

Lump-sum distributions
     The bill repeals 5-year averaging for lump-sum 
distributions from qualified plans. Thus, the bill repeals the 
separate tax paid on a lump-sum distribution and also repeals 
the deduction from gross income for taxpayers who elect to pay 
the separate tax on a lump-sum distribution. The bill preserves 
the transition rules adopted in the Tax Reform Act of 1986.
$5,000 exclusion for employer-provided death benefits
     The bill repeals the $5,000 exclusion for employer-
provided death benefits.

Recovery of basis

     The bill provides that basis recovery on payments from 
qualified plans generally is determined under a method similar 
to the present-law simplified alternative method provided by 
the IRS. The portion of each annuity payment that represents a 
return of basis equals to the employee's total basis as of the 
annuity starting date, divided by the number of anticipated 
payments under the following table:
        Age                                          Number of payments:
Not more than 55..................................................   360
56-60.............................................................   310
61-65.............................................................   260
66-70.............................................................   210
More than 70......................................................   160

                         Required distributions

     The bill modifies the rule that requires all participants 
in qualified plans to commence distributions by age 70\1/2\ 
without regard to whether the participant is still employed by 
the employer and generally replaces it with the rule in effect 
prior to the Tax Reform Act of 1986. Under the bill, 
distributions generally are required to begin by April 1 of the 
calendar year following the later of first, the calendar year 
in which the employee attains age 70\1/2\ or second, the 
calendar year in which the employee retires. However, in the 
case of a 5-percent owner of the employer, distributions are 
required to begin no later than the April 1 of the calendar 
year following the year in which the 5-percent owner attains 
age 70\1/2\.
     In addition, in the case of an employee (other than a 5-
percent owner) who retires in a calendar year after attaining 
age 70\1/2\, the bill generally requires the employee's accrued 
benefit to be actuarially increased to take into account the 
period after age 70\1/2\ in which the employee was not 
receiving benefits under the plan. Thus, under the bill, the 
employee's accrued benefit is required to reflect the value of 
benefits that the employee would have received if the employee 
had retired at age 70\1/2\ and had begun receiving benefits at 
that time.
     The actuarial adjustment rule and the rule requiring 5-
percent owners to begin distributions after attainment of age 
70\1/2\ does not apply, under the bill, in the case of a 
governmental plan or church plan.

                             Effective Date

Lump-sum distributions

     The provision is effective for taxable years beginning 
after December 31, 1998.

$5,000 exclusion for employer-provided death benefits

     The provision applies with respect to decedents dying 
after date of enactment.

Recovery of basis

     The provision is effective with respect to annuity 
starting dates beginning 90 days after the date of enactment.

Required distributions

     The provision is effective for years beginning after 
December 31, 1996. Under the provision, the Committee intends 
that a plan (or an annuity contract) could permit, but is not 
required to permit participants who have already begun to 
receive distributions but do not have to under the provision, 
to stop receiving distributions until such distributions are 
required under the provision.

                  B. Increased Access to Pension Plans

1. Establish SIMPLE retirement plans (secs. 1421-1422 of the bill and 
        secs. 401(k) and 408(p) of the Code)

                               Present Law

     Present law does not contain rules relating to SIMPLE 
retirement plans. However, present law does provide a number of 
ways in which individuals can save for retirement on a tax-
favored basis. These include employer-sponsored retirement 
plans that meet the requirements of the Internal Revenue Code 
(a ``qualified plan'') and individual retirement arrangements 
(``IRAs''). Employees can earn significant retirement benefits 
under employer-sponsored retirement plans. However, in order to 
receive tax-favored treatment, such plans must comply with a 
variety of rules, including complex nondiscrimination and 
administrative rules (including top-heavy rules). Such plans 
are also subject to certain requirements under the labor law 
provisions of the Employee Retirement Income Security Act of 
1974 (``ERISA'').
     IRAs are not subject to the same rules as qualified plans, 
but the amount that can be contributed in any year is 
significantly less. The maximum deductible IRA contribution for 
a year is limited to $2,000. Distributions from IRAs and 
employer-sponsored retirement plans are generally taxable when 
made. In addition, distributions prior to age 59\1/2\ generally 
are subject to an additional 10-percent early withdrawal tax.
     Contributions to an IRA can also be made by an employer at 
the election of an employee under a salary reduction simplified 
employee pension (``SARSEP''). Under SARSEPs, which are not 
qualified plans, employees can elect to have contributions made 
to the SARSEP or to receive the contributions in cash. The 
amount the employee elects to have contributed to the SARSEP is 
not currently includible in income. The annual amount an 
employee can elect to contribute to a SARSEP is limited to 
$9,500 for 1996. This dollar limit is indexed for inflation in 
$500 increments. The election to have amounts contributed to a 
SARSEP or received in cash is available only if at least 50 
percent of the eligible employees of the employer elect to have 
amounts contributed to the SARSEP. In addition, such election 
is available for a taxable year only if the employer 
maintaining the SARSEP had 25 or fewer eligible employees at 
all times during the prior taxable year. Elective deferrals 
under SARSEPs are subject to a special nondiscrimination test.
     Under one type of qualified plan that can be maintained by 
an employer, employees can elect to reduce their taxable 
compensation and have nontaxable contributions made to the 
plan. Such contributions are called elective deferrals, and the 
plans which allow such contributions are called qualified cash 
or deferred arrangements (or ``401(k) plans''). Like SARSEPs, 
the maximum annual amount of elective deferrals that can be 
made by an individual is $9,500 for 1996. A special 
nondiscrimination test applies to elective deferrals. An 
employer may make contributions based on an employee's elective 
contributions. Such contributions are called matching 
contributions, and are subject to a special nondiscrimination 
test similar to the special nondiscrimination test applicable 
to elective deferrals.
                           Reasons for Change

    Retirement plan coverage is lower among small employers 
than among medium and large employers. The Committee believes 
that one of the reasons small employers do not establish tax-
qualified retirement plans is the complexity of rules relating 
to such plans and the cost of complying with such rules. The 
Committee believes it is appropriate to encourage small 
employers to adopt retirement plans by providing a simplified 
retirement plan that is not subject to the complex rules 
applicable to tax-qualified plans.
    Among the rules applicable to tax-qualified plans are 
nondiscrimination rules that help to ensure that plans cover a 
broad range of employees, not just an employer's highly 
compensated employees. The Committee believes that the goal of 
the nondiscrimination rules, broad pension coverage, is an 
important one. Unfortunately, the complicated nature of these 
rules may prevent small employers from establishing any plan. 
The Committee believes that the purposes of the 
nondiscrimination rules will be served in the case of small 
employers if all full-time employees are given the opportunity 
to participate in the plan, the employer is required to match 
employee contributions, and there are limits on the total 
contributions that can be made.
    The Committee believes that employees should be encouraged 
to save for retirement, and thus believes a penalty should be 
imposed on amounts withdrawn within a short period after the 
retirement plan is adopted.
                        Explanation of Provision
In general

    The bill creates a simplified retirement plan for small 
business called the savings incentive match plan for employees 
(``SIMPLE'') retirement plan. SIMPLE plans can be adopted by 
employers who employ 100 or fewer employees on any day during 
the year and who do not maintain another employer-sponsored 
retirement plan. A SIMPLE plan can be either an IRA for each 
employee or part of a qualified cash or deferred arrangement 
(``401(k) plan''). If established in IRA form, a SIMPLE plan is 
not subject to the nondiscrimination rules generally applicable 
to qualified plans (including the top-heavy rules) and 
simplified reporting requirements apply. Within limits, 
contributions to a SIMPLE plan are not taxable until withdrawn.
    A SIMPLE plan can also be adopted as part of a 401(k) plan. 
In that case, the plan does not have to satisfy the special 
nondiscrimination tests applicable to 401(k) plans and is not 
subject to the top-heavy rules. The other qualified plan rules 
continue to apply.

SIMPLE retirement plans in IRA form

            In general
    A SIMPLE retirement plan allows employees to make elective 
contributions to an IRA. Employee contributions have to be 
expressed as a percentage of the employee's compensation, and 
cannot exceed $6,000 per year. The $6,000 dollar limit is 
indexed for inflation in $500 increments.
    Under the bill, the employer is required to satisfy one of 
two contribution formulas. Under the matching contribution 
formula, the employer generally is required to match employee 
elective contributions on a dollar-for-dollar basis up to 3 
percent of the employee's compensation. Under a special rule, 
the employer could elect a lower percentage matching 
contribution for all employees (but not less than 1 percent of 
each employee's compensation). In order for the employer to 
lower the matching percentage for any year, the employer has to 
notify employees of the applicable match within a reasonable 
time before the 30-day election period for the year (described 
below). In addition, a lower percentage cannot be elected for 
more than 2 out of any 5 years.
    Alternatively, for any year, an employer is permitted to 
elect, in lieu of making matching contributions, to make a 2 
percent of compensation nonelective contribution on behalf of 
each eligible employee with at least $5,000 in compensation for 
such year. If such an election were made, the employer has to 
notify eligible employees of the change within a reasonable 
period before the 30-day election period for the year 
(described below). No contributions other than employee 
elective contributions and required employer matching 
contributions (or, alternatively, required employer nonelective 
contributions) can be made to a SIMPLE account.
    Only employers who employ 100 or fewer employees on any day 
during the year and who do not currently maintain a qualified 
plan can establish SIMPLE retirement accounts for their 
employees.
    Each employee of the employer who received at least $5,000 
in compensation from the employer during any 2 prior years and 
who is reasonably expected to receive at least $5,000 in 
compensation during the year must be eligible to participate in 
the SIMPLE plan. Nonresident aliens and employees covered under 
a collective bargaining agreement do not have to be eligible to 
participate in the SIMPLE plan. Self-employed individuals can 
participate in a SIMPLE plan.
    All contributions to an employee's SIMPLE account have to 
be fully vested.
    Distributions from a SIMPLE plan generally are taxed as 
under the rules relating to IRAs, except that an increased 
early withdrawal tax (25 percent) applies to distributions 
within the first 2 years the employee first participates in the 
SIMPLE plan.
            Tax treatment of SIMPLE accounts, contributions, and 
                    distributions
    Contributions to a SIMPLE account generally are deductible 
by the employer. In the case of matching contributions, the 
employer will be allowed a deduction for a year only if the 
contributions are made by the due date (including extensions) 
for the employer's tax return. Contributions to a SIMPLE 
account are excludable from the employee's income. SIMPLE 
accounts, like IRAs, are not subject to tax. Distributions from 
a SIMPLE retirement account generally are taxed under the rules 
applicable to IRAs. Thus, they are includible in income when 
withdrawn. Tax-free rollovers can be made from one SIMPLE 
account to another. A SIMPLE account can be rolled over to an 
IRA on a tax-free basis after a two-year period has expired 
since the individual first participated in the SIMPLE plan. To 
the extent an employee is no longer participating in a SIMPLE 
plan (e.g., the employee has terminated employment), the 
employee's SIMPLE account will be treated as an IRA.
    Early withdrawals from a SIMPLE account generally are be 
subject to the 10-percent early withdrawal tax applicable to 
IRAs. However, withdrawals of contributions during the 2-year 
period beginning on the date the employee first participated in 
the SIMPLE plan are subject to a 25-percent early withdrawal 
tax (rather than 10 percent).
    Contributions to a SIMPLE account are not subject to 
employment taxes or income tax withholding.
            Administrative requirements
    Each eligible employee can elect, within the 30-day period 
before the beginning of any year (or the 30-day period before 
first becoming eligible to participate), to participate in the 
SIMPLE plan (i.e., to make elective deferrals), and to modify 
any previous elections regarding the amount of contributions. 
An employer is required to contribute employees' elective 
deferrals to the employee's SIMPLE account within 30 days after 
the end of the month to which the contributions relate. 
Employees must be allowed to terminate participation in the 
SIMPLE plan at any time during the year (i.e., to stop making 
contributions). The plan can provide that an employee who 
terminates participation cannot resume participation until the 
following year. A plan can permit (but is not required to 
permit) an individual to make other changes to his or her 
salary reduction contribution election during the year (e.g., 
reduce contributions). The Committee intends that an employer 
is permitted to designate a SIMPLE account trustee to which 
contributions on behalf of eligible employees are made.
            Reporting requirements
    Trustee requirements.--The trustee of a SIMPLE account is 
required each year to prepare, and provide to the employer 
maintaining the SIMPLE plan, a summary description containing 
the following basic information about the plan: the name and 
address of the employer and the trustee; the requirements for 
eligibility; the benefits provided under the plan; the time and 
method of making salary reduction elections; and the procedures 
for and effects of, withdrawals (including rollovers) from the 
SIMPLE account. At least once a year, the trustee is also 
required to furnish an account statement to each individual 
maintaining a SIMPLE account. In addition, the trustee is 
required to file an annual report with the Secretary. A trustee 
who fails to provide any of such reports or descriptions will 
be subject to a penalty of $50 per day until such failure is 
corrected, unless the failure is due to reasonable cause.
    Employer reports.--The employer maintaining a SIMPLE plan 
is required to notify each employee of the employee's 
opportunity to make salary reduction contributions under the 
plan as well as the contribution alternative chosen by the 
employer immediately before the employee becomes eligible to 
make such election. This notice must include a copy of the 
summary description prepared by the trustee. An employer who 
fails to provide such notice will be subject to a penalty of 
$50 per day on which such failure continues, unless the failure 
is due to reasonable cause.
            Definitions
    For purposes of the rules relating to SIMPLE plans, 
compensation means compensation required to be reported by the 
employer on Form W-2, plus any elective deferrals of the 
employee. In the case of a self-employed individual, 
compensation means net earnings from self-employment. The term 
employer includes the employer and related employers. Related 
employers includes trades or businesses under common control 
(whether incorporated or not), controlled groups of 
corporations, and affiliated service groups. In addition, the 
leased employee rules apply.
    For purposes of the rule prohibiting an employer from 
establishing a SIMPLE plan, if the employer has another 
qualified plan, an employer is treated as maintaining a 
qualified plan if the employer (or a predecessor employer) 
maintained a qualified plan with respect to which contributions 
were made, or benefits were accrued, with respect to service 
for any year in the period beginning with the year the SIMPLE 
plan became effective and ending with the year for which the 
determination is being made. A qualified plan includes a 
qualified retirement plan, a qualified annuity plan, a 
governmental plan, a tax-sheltered annuity, and a simplified 
employee pension.

SIMPLE 401(k) plans

    In general, under the bill, a cash or deferred arrangement 
(i.e., 401(k) plan), will be deemed to satisfy the special 
nondiscrimination tests applicable to employee elective 
deferrals and employer matching contributions if the plan 
satisfies the contribution requirements applicable to SIMPLE 
plans. In addition, the plan is not subject to the top-heavy 
rules for any year for which this safe harbor is satisfied. The 
plan is subject to the other qualified plan rules.
    The safe harbor is satisfied if, for the year, the employer 
does not maintain another qualified plan and (1) employee's 
elective deferrals are limited to no more than $6,000, (2) the 
employer matches employees' elective deferrals up to 3 percent 
of compensation (or, alternatively, makes a 2 percent of 
compensation nonelective contribution on behalf of all eligible 
employees with at least $5,000 in compensation), and (3) no 
other contributions are made to the arrangement. Contributions 
under the safe harbor have to be 100 percent vested. The 
employer cannot reduce the matching percentage below 3 percent 
of compensation.

Repeal of SARSEPs

    Under the bill, the present-law rules permitting SARSEPs no 
longer apply after December 31, 1996, unless the SARSEP was 
established before January 1, 1997. Consequently, an employer 
is not permitted to establish a SARSEP after December 31, 1996. 
SARSEPs established before January 1, 1997, can continue to 
receive contributions under present-law rules, and new 
employees of the employer hired after December 31, 1996, can 
participate in the SARSEP in accordance with such rules.

                             Effective Date

    The provisions relating to SIMPLE plans are effective for 
years beginning after December 31, 1996.

2. Tax-exempt organizations eligible under section 401(k) (sec. 1426 of 
        the bill and sec. 401(k) of the Code)

                              Present Law

    Under present law, tax-exempt and State and local 
government organizations are generally prohibited from 
establishing qualified cash or deferred arrangements (sec. 
401(k) plans). Qualified cash or deferred arrangements (1) of 
rural cooperatives, (2) adopted by State and local governments 
before May 6, 1986, or (3) adopted by tax-exempt organizations 
before July 2, 1986, are not subject to this prohibition.

                           Reasons for Change

    Nongovernmental tax-exempt entities should be permitted to 
maintain qualified cash or deferred arrangements for their 
employees on the same basis as other employers.

                        Explanation of Provision

    The bill allows tax-exempt organizations (including, for 
this purpose, Indian tribal governments, a subdivision of an 
Indian tribal government, an agency or instrumentality of an 
Indian tribal government or subdivision thereof, or a 
corporation chartered under Federal, State, or tribal law which 
is owned in whole or in part by any of such entities) to 
maintain qualified cash or deferred arrangements. The bill 
retains the present-law prohibition against the maintenance of 
cash or deferred arrangements by State and local governments, 
except to the extent it may apply to Indian tribes.

                             Effective Date

    The provision is effective for plan years beginning after 
December 31, 1996.

                    C. Nondiscrimination Provisions

1. Definition of highly compensated employees and repeal of family 
        aggregation rules (sec. 1431 of the bill and secs. 401(a)(17), 
        404(l), and 414(g) of the Code)

                              Present Law

Definition of highly compensated employee

    An employee, including a self-employed individual, is 
treated as highly compensated if, at any time during the year 
or the preceding year, the employee (1) was a 5-percent owner 
of the employer, (2) received more than $100,000 (for 1996) in 
annual compensation from the employer, (3) received more than 
$66,000 (for 1996) in annual compensation from the employer and 
was one of the top-paid 20 percent of employees during the same 
year, or (4) was an officer of the employer who received 
compensation in excess of $60,000 (for 1996). If, for any year, 
no officer has compensation in excess of the threshold, then 
the highest paid officer of the employer is treated as a highly 
compensated employee.

Family aggregation rules

    A special rule applies with respect to the treatment of 
family members of certain highly compensated employees for 
purposes of the nondiscrimination rules applicable to qualified 
plans. Under the special rule, if an employee is a family 
member of either a 5-percent owner or 1 of the top-10 highly 
compensated employees by compensation, then any compensation 
paid to such family member and any contribution or benefit 
under the plan on behalf of such family member is aggregated 
with the compensation paid and contributions or benefits on 
behalf of the 5-percent owner or the highly compensated 
employee in the top-10 employees by compensation. Therefore, 
such family member and employee are treated as a single highly 
compensated employee. An individual is considered a family 
member if, with respect to an employee, the individual is a 
spouse, lineal ascendant or descendant, or spouses of a lineal 
ascendant or descendant of the employee.
    Similar family aggregation rules apply with respect to the 
$150,000 (for 1996) limit on compensation that may be taken 
into account under a qualified plan (sec. 401(a)(17)) and for 
deduction purposes (sec. 404(1)). However, under such 
provisions, only the spouse of the employee and lineal 
descendants of the employee who have not attained age 19 are 
taken into account.

                           Reasons for Change

    Under present law, the administrative burden on plan 
sponsors to determine which employees are highly compensated 
can be significant. The various categories of highly 
compensated employees require employers to perform a number of 
calculations that for many employers have largely duplicative 
results.
    The family aggregation rules impose undue restrictions on 
the ability of a family-owned small business to provide 
adequate retirement benefits for all members of the family 
working for the business. In addition, the complexity of the 
calculations required under the family aggregation rules 
appears to be unnecessary in light of the numerous other 
provisions that ensure that qualified pension plans do not 
disproportionately favor highly compensated employees.

                        Explanation of Provisions

Definition of highly compensated employee

    Under the bill, an employee is treated as highly 
compensated if the employee (1) was a 5-percent owner of the 
employer at any time during the year or the preceding year or 
(2) had compensation for the preceding year in excess of 
$80,000 (indexed for inflation) and the employee was in the top 
20 percent of employees by compensation for such year. The bill 
also repeals the rule requiring the highest paid officer to be 
treated as a highly compensated employee.

Family aggregation rules

    The bill repeals the family aggregation rules.

                             Effective Date

    The provisions are effective for years beginning after 
December 31, 1996.

2. Modification of additional participation requirements (sec. 1432 of 
        the bill and sec. 401(a)(26) of the Code)

                               Present Law

    Under present law, a plan is not a qualified plan unless it 
benefits no fewer than the lesser of (a) 50 employees of the 
employer or (b) 40 percent of all employees of the employer 
(sec. 401(a)(26)). This requirement may not be satisfied by 
aggregating comparable plans, but may be applied separately to 
different lines of business of the employer. A line of business 
of the employer does not qualify as a separate line of business 
unless it has at least 50 employees.

                           Reasons for Change

    The minimum participation rule was adopted in the Tax 
Reform Act of 1986 because the Congress believed that it was 
inappropriate to permit an employer to maintain multiple plans, 
each of which covered a very small number of employees. 
Although plans that are aggregated for nondiscrimination 
purposes are required to satisfy comparability requirements 
with respect to the amount of contributions or benefits, such 
an arrangement may still discriminate in favor of highly 
compensated employees.
    However, it is appropriate to better target the minimum 
participation rule by limiting the scope of the rule to defined 
benefit pension plans and increasing the minimum number of 
employees required to be covered under very small plans.
    Also, the arbitrary requirement that a line of business 
must have at least 50 employees requires application of the 
minimum participation rule on an employer-wide basis in some 
cases in which the employer truly has separate lines of 
business.

                        Explanation of Provision

    The bill provides that the minimum participation rule 
applies only to defined benefit pension plans. In addition, the 
bill provides that a defined benefit pension plan does not 
satisfy the rule unless it benefits no fewer than the lesser of 
(1) 50 employees or (2) the greater of (a) 40 percent of all 
employees of the employer or (b) 2 employees (1 employee if 
there is only 1 employee).
    The bill provides that the requirement that a line of 
business has at least 50 employees does not apply in 
determining whether a plan satisfies the minimum participation 
rule on a separate line of business basis.

                             Effective Date

    The provision is effective for years beginning after 
December 31, 1996.

3. Nondiscrimination rules for qualified cash or deferred arrangements 
        and matching contributions (sec. 1433 of the bill and secs. 
        401(k) and 401(m) of the Code)

                              Present Law

    Under present law, a special nondiscrimination test applies 
to qualified cash or deferred arrangements (sec. 401(k) plans). 
The special nondiscrimination test is satisfied if the actual 
deferral percentage (``ADP'') for eligible highly compensated 
employees for a plan year is equal to or less than either (1) 
125 percent of the ADP of all nonhighly compensated employees 
eligible to defer under the arrangement or (2) the lesser of 
200 percent of the ADP of all eligible nonhighly compensated 
employees or such ADP plus 2 percentage points.
    Employer matching contributions and after-tax employee 
contributions under qualified defined contribution plans are 
subject to a special nondiscrimination test (the actual 
contribution percentage (``ACP'') test) similar to the special 
nondiscrimination test applicable to qualified cash or deferred 
arrangements. Employer matching contributions that satisfy 
certain requirements can be used to satisfy the ADP test, but, 
to the extent so used, such contributions cannot be considered 
when calculating the ACP test.
    A plan that would otherwise fail to meet the special 
nondiscrimination test for qualified cash or deferred 
arrangements is not treated as failing such test if excess 
contributions (with allocable income) are distributed to the 
employee or, in accordance with Treasury regulations, 
recharacterized as after-tax employee contributions. For 
purposes of this rule, in determining the amount of excess 
contributions and the employees to whom they are allocated, the 
elective deferrals of highly compensated employees are reduced 
in the order of their actual deferral percentage beginning with 
those highly compensated employees with the highest actual 
deferral percentages. A similar rule applies to employer 
matching contributions.

                           Reasons for Change

    The sources of complexity generally associated with the 
nondiscrimination requirements for qualified cash or deferred 
arrangements and matching contributions are the recordkeeping 
necessary to monitor employee elections, the calculations 
involved in applying the tests, and the correction mechanism, 
i.e., what to do if the plan fails the tests.
    The Committee believes that the complexity of 
nondiscrimination requirements, particularly after the Tax 
Reform Act of 1986 changes that imposed a dollar cap on 
elective deferrals ($9,500 in 1996), is not justified by the 
marginal additional participation of rank-and-file employees 
that might be achieved by the operation of these requirements. 
The result that the nondiscrimination rules are intended to 
produce can also be achieved by creating an incentive for 
employers to provide certain matching contributions or 
nonelective contributions on behalf of rank-and-file employees. 
Such contributions should create a sufficient inducement to 
rank-and-file employee participation. Thus, the Committee 
believes it is appropriate to provide a design-based safe 
harbor for qualified cash or deferred arrangements. Plans that 
satisfy the safe harbors would not have to satisfy the 
nondiscrimination tests for cash or deferred arrangements.
    In addition, the significant simplification that a design-
based safe harbor test achieves may reduce the complexity of 
the qualified cash or deferred arrangement requirements enough 
to encourage additional employers to establish such plans, 
thereby expanding employee access to voluntary retirement 
savings arrangements. The adoption of a nondiscrimination safe 
harbor that eliminates the testing of actual plan contributions 
removes a significant administrative burden that may act as a 
deterrent to employers who would not otherwise set up such a 
plan. Thus, the adoption of a simpler nondiscrimination test 
may encourage more employers, particularly small employers, who 
do not now provide any tax-favored retirement plan for their 
employees, to set up such plans.
    A design-based nondiscrimination test provides certainty to 
an employer and plan participants that does not exist under 
present law. Under such a test, an employer will know at the 
beginning of each plan year whether the plan satisfies the 
nondiscrimination requirements for the year.
    Simplifying the nondiscrimination tests will also reduce 
administrative burdens for those plans that do not utilize the 
safe harbor.

                       Explanation of Provisions

Prior-year data

    The bill modifies the special nondiscrimination tests 
applicable to elective deferrals and employer matching and 
after-tax employee contributions to provide that the maximum 
permitted actual deferral percentage (and actual contribution 
percentage) for highly compensated employees for the year is 
determined by reference to the actual deferral percentage (and 
actual contribution percentage) for nonhighly compensated 
employees for the preceding, rather than the current, year. A 
special rule applies for the first plan year.
    Alternatively, under the bill, an employer is allowed to 
elect to use the current year actual deferral percentage (and 
actual contribution percentage). Such an election can be 
revoked only as provided by the Secretary.

Safe harbor for cash or deferred arrangements

    The bill provides that a cash or deferred arrangement 
satisfies the special nondiscrimination tests if the plan 
satisfies one of two contribution requirements and satisfies a 
notice requirement.
    A plan satisfies the contribution requirements under the 
safe harbor rule for qualified cash or deferred arrangements if 
the plan either first, satisfies a matching contribution 
requirement or second, the employer makes a nonelective 
contribution to a defined contribution plan of at least 3 
percent of an employee's compensation on behalf of each 
nonhighly compensated employee who is eligible to participate 
in the arrangement without regard to whether the employee makes 
elective contributions under the arrangement.
    A plan satisfies the matching contribution requirement if, 
under the arrangement: first, the employer makes a matching 
contribution on behalf of each nonhighly compensated employee 
that is equal to (a) 100 percent of the employee's elective 
contributions up to 3 percent of compensation and (b) 50 
percent of the employee's elective contributions from 3 to 5 
percent of compensation; and second, the rate of match with 
respect to any elective contribution for highly compensated 
employees is not greater than the rate of match for nonhighly 
compensated employees.
    Alternatively, if the rate of matching contribution with 
respect to any rate of elective contribution requirement is not 
equal to the percentages described in the preceding paragraph, 
the matching contribution requirement will be deemed to be 
satisfied if first, the rate of an employer's matching 
contribution does not increase as an employee's rate of 
elective contribution increases and second, the aggregate 
amount of matching contributions at such rate of elective 
contribution at least equals the aggregate amount of matching 
contributions that would be made if matching contributions 
satisfied the above percentage requirements. For example, the 
alternative test will be satisfied if an employer matches 125 
percent of an employee's elective contributions up to the first 
3 percent of compensation, 25 percent of elective deferrals 
from 3 to 4 percent of compensation, and provides no match 
thereafter. However, the alternative test will not be satisfied 
if an employer matches 80 percent of an employee's elective 
contributions up to the first 5 percent of compensation. The 
former example satisfies the alternative test because the 
employer match does not increase and the aggregate amount of 
matching contributions at any rate of elective contribution is 
at least equal to the aggregate amount of matching 
contributions required under the general safe harbor rule.
    Employer matching and nonelective contributions used to 
satisfy the contribution requirements of the safe harbor rules 
are required to be nonforfeitable and are subject to the 
restrictions on withdrawals that apply to an employee's 
elective deferrals under a qualified cash or deferred 
arrangement (sec. 401(k)(2)(B) and (C)). It is intended that 
employer matching and nonelective contributions used to satisfy 
the contribution requirements of the safe harbor rules can be 
used to satisfy other qualified retirement plan 
nondiscrimination rules (except the special nondiscrimination 
test applicable to employer matching contributions (the ACP 
test)). So, for example, a cross-tested defined contribution 
plan that includes a qualified cash or deferred arrangement can 
consider such employer matching and nonelective contributions 
in testing. 10
---------------------------------------------------------------------------
    \10\ The Committee intends that if two plans which include 
qualified cash or deferred arrangements are treated as one plan for 
purposes of the nondiscrimination and coverage rules, such qualified 
cash or deferred arrangements will be treated as one qualified cash or 
deferred arrangement for purposes of the safe harbor rules. In such a 
case, unless both qualified cash or deferred arrangements satisfied the 
safe harbor, both qualified cash or deferred arrangements tested 
together will have to satisfy the ADP and ACP tests.
---------------------------------------------------------------------------
    The notice requirement is satisfied if each employee 
eligible to participate in the arrangement is given written 
notice, within a reasonable period before any year, of the 
employee's rights and obligations under the arrangement.

Alternative method of satisfying special nondiscrimination test for 
        matching contributions

    The bill provides a safe harbor method of satisfying the 
special nondiscrimination test applicable to employer matching 
contributions (the ACP test). Under this safe harbor, a plan is 
treated as meeting the special nondiscrimination test if first, 
the plan meets the contribution and notice requirements 
applicable under the safe harbor method of satisfying the 
special nondiscrimination requirement for qualified cash or 
deferred arrangements, and second, the plan satisfies a special 
limitation on matching contributions.
    The limitation on matching contributions is satisfied if: 
first, the employer matching contributions on behalf of any 
employee may not be made with respect to employee contributions 
or elective deferrals in excess of 6 percent of compensation; 
second, the rate of an employer's matching contribution does 
not increase as the rate of an employee's contributions or 
elective deferrals increases; and third, the matching 
contribution with respect to any highly compensated employee at 
any rate of employee contribution or elective deferral is not 
greater than that with respect to an employee who is not highly 
compensated.
    Any after-tax employee contributions made under the 
qualified cash or deferred arrangement will continue to be 
tested under the ACP test. Employer matching and nonelective 
contributions used to satisfy the safe harbor rules for 
qualified cash or deferred arrangements cannot be considered in 
calculating such test. However, employer matching and 
nonelective contributions in excess of the amount required to 
satisfy the safe harbor rules for qualified cash or deferred 
arrangements can be taken into account in calculating such 
test.

Distribution of excess contributions and excess aggregate contributions

    The bill provides that the total amount of excess 
contributions (and excess aggregate contributions) is 
determined as under present law, but the distribution of excess 
contributions (and excess aggregate contributions) are required 
to be made on the basis of the amount of contribution by, or on 
behalf of, each highly compensated employee. Thus, excess 
contributions (and excess aggregate contributions) are deemed 
attributable first to those highly compensated employees who 
have the greatest dollar amount of elective deferrals.

                             Effective Date

    The provisions relating to use of prior-year data and the 
distribution of excess contributions and excess aggregate 
contributions are effective for years beginning after December 
31, 1996. The provisions providing for a safe harbor for 
qualified cash or deferred arrangements and the alternative 
method of satisfying the special nondiscrimination test for 
matching contributions are effective for years beginning after 
December 31, 1998.

4. Definition of compensation for purposes of the limits on 
        contributions and benefits (sec. 1434 of the bill and sec. 415 
        of the Code)

                              Present Law

     Present law imposes limits on contributions and benefits 
under qualified plans based on the type of plan. For purposes 
of these limits, present law provides that the definition of 
compensation generally does not include elective employee 
contributions to certain employee benefit plans.

                           Reasons for Change

    The Committee believes that not treating employee elective 
contributions as compensation for purposes of the limits on 
benefits and contributions under qualified plans unduly 
restricts the amount that employees, particularly employees who 
are not highly compensated, can earn under qualified plans.

                        Explanation of Provision

    The bill provides that elective deferrals to section 401(k) 
plans and similar arrangements, elective contributions to 
nonqualified deferred compensation plans of tax-exempt 
employers and State and local governments (sec. 457 plans), and 
salary reduction contributions to a cafeteria plan are 
considered compensation for purposes of the limits on 
contributions and benefits.

                             Effective Date

    The provision is effective for years beginning after 
December 31, 1997.

                D. Miscellaneous Pension Simplification

1. Plans covering self-employed individuals (sec. 1441 of the bill and 
        sec. 401(d) of the Code)

                              Present Law

    Prior to the Tax Equity and Fiscal Responsibility Act of 
1982 (``TEFRA''), different rules applied to retirement plans 
maintained by incorporated employers and unincorporated 
employers (such as partnerships and sole proprietors). In 
general, plans maintained by unincorporated employers were 
subject to special rules in addition to the other qualification 
requirements of the Code. Most, but not all, of this disparity 
was eliminated by TEFRA. Under present law, certain special 
aggregation rules apply to plans maintained by owner employees 
of unincorporated businesses that do not apply to other 
qualified plans (sec. 401(d)(1) and (2)).

                           Reasons for Change

    The remaining special aggregation rules for plans 
maintained by unincorporated employers are unnecessary and 
should be eliminated. Applying the same set of rules to all 
types of plans would make the qualification standards easier to 
apply and administer.

                        Explanation of Provision

    The bill eliminates the special aggregation rules that 
apply to plans maintained by self-employed individuals that do 
not apply to other qualified plans.

                             Effective Date

    The provision is effective for years beginning after 
December 31, 1996.

2. Elimination of special vesting rule for multiemployer plans (sec. 
        1442 of the bill and sec. 411(a) of the Code)

                              Present Law

    Under present law, except in the case of multiemployer 
plans, a plan is not a qualified plan unless a participant's 
employer-provided benefit vests at least as rapidly as under 
one of two alternative minimum vesting schedules. A plan 
satisfies the first schedule if a participant acquires a 
nonforfeitable right to 100 percent of the participant's 
accrued benefit derived from employer contributions upon the 
participant's completion of 5 years of service. A plan 
satisfies the second schedule if a participant has a 
nonforfeitable right to at least 20 percent of the 
participant's accrued benefit derived from employer 
contributions after 3 years of service, 40 percent at the end 
of 4 years of service, 60 percent at the end of 5 years of 
service, 80 percent at the end of 6 years of service, and 100 
percent at the end of 7 years of service.
    In the case of a multiemployer plan, a participant's 
accrued benefit derived from employer contributions is required 
to be 100-percent vested no later than upon the participant's 
completion of 10 years of service. This special rule applies 
only to employees covered by the plan pursuant to a collective 
bargaining agreement.

                           Reasons for Change

    The present-law vesting rules for multiemployer plans add 
to complexity because there are different vesting schedules for 
different types of plans, and different vesting schedules for 
persons within the same multiemployer plan. In addition, the 
present-law rule prevents some workers from earning a pension 
under a multiemployer plan. Conforming the multiemployer plan 
rules to the rules for other plans would mean that workers 
could earn additional benefits.

                        Explanation of Provision

    The bill conforms the vesting rules for multiemployer plans 
to the rules applicable to other qualified plans.

                             Effective Date

    The provision is effective for plan years beginning on or 
after the earlier of (1) the later of January 1, 1997, or the 
date on which the last of the collective bargaining agreements 
pursuant to which the plan is maintained terminates, or (2) 
January 1, 1999, with respect to participants with an hour of 
service after the effective date.

3. Distributions under rural cooperative plans (sec. 1443 of the bill 
        and sec. 401(k)(7) of the Code)

                              Present Law

    A qualified cash or deferred arrangement can permit 
withdrawals of employee elective deferrals only after the 
earlier of (1) the participant's separation from service, 
death, or disability, (2) termination of the arrangement, or 
(3) in the case of a profit-sharing or stock bonus plan, the 
attainment of age 59\1/2\ or the occurrence of a hardship of 
the participant. In the case of a money purchase pension plan, 
including a rural cooperative plan, withdrawals by participants 
cannot occur upon attainment of age 59\1/2\ or upon hardship.

                           Reasons for Change

    It is appropriate to permit qualified cash or deferred 
arrangements of rural cooperatives to permit distributions to 
plan participants under the same circumstances as other 
qualified cash or deferred arrangements. It is also appropriate 
to clarify that certain public utility districts and a national 
association of rural cooperatives should be treated as rural 
cooperatives for this purpose.

                        Explanation of Provision

    The bill provides that a rural cooperative plan that 
includes a cash or deferred arrangement may permit 
distributions to plan participants after the attainment of age 
59\1/2\ or on account of hardship. In addition, the definition 
of a rural cooperative is expanded to include certain public 
utility districts and a national association of rural 
cooperatives.

                             Effective Date

    The provision generally is effective for distributions 
after the date of enactment. The modifications to the 
definition of a rural cooperative apply to plan years beginning 
after December 31, 1996.

4. Treatment of governmental plans under section 415 (sec. 1444 of the 
        bill and secs. 415 and 457 of the Code)

                              Present Law

    Present law imposes limits on contributions and benefits 
under qualified plans based on the type of plan (sec. 415). 
Certain special rules apply to State and local governmental 
plans under which such plans may provide benefits greater than 
those permitted by the limits on benefits applicable to plans 
maintained by private employers.
    In the case of defined benefit pension plans, the limit on 
the annual retirement benefit is the lesser of (1) 100 percent 
of compensation or (2) $120,000 (indexed for inflation). The 
dollar limit is reduced in the case of early retirement or if 
the employee has less than 10 years of plan participation.

                           Reasons for Change

    The limits on contributions and benefits create unique 
problems for plans maintained by public employers.

                        Explanation of Provision

    The bill makes the following modifications to the limits on 
contributions and benefits as applied to governmental plans:
          (1) the 100 percent of compensation limitation on 
        defined benefit pension plan benefits would not apply; 
        and
          (2) the early retirement reduction and the 10-year 
        phase-in of the defined benefit pension plan dollar 
        limit would not apply to certain disability and 
        survivor benefits.
    The bill also permits State and local government employers 
to maintain excess benefit plans without regard to the limits 
on unfunded deferred compensation arrangements of State and 
local government employers (sec. 457).

                             Effective Date

    The provision is effective for years beginning after 
December 31, 1994. No inference is intended with respect to 
whether a governmental plan complies with the requirements of 
section 415 with respect to years beginning before January 1, 
1995. With respect to such years, the Secretary is directed to 
enforce the requirements of section 415 consistent with the 
provision.

5. Uniform retirement age (sec. 1445 of the bill and sec. 401(a)(5) of 
        the Code)

                              Present Law

    A qualified plan generally must provide that payment of 
benefits under the plan must begin no later than 60 days after 
the end of the plan year in which the participant reaches age 
65. Also, for purpose of the vesting and benefit accrual rules, 
normal retirement age generally can be no later than age 65. 
For purposes of applying the limits on contributions and 
benefits (sec. 415), Social Security retirement age is 
generally used as retirement age. The Social Security 
retirement age as used for such purposes is presently age 65, 
but is scheduled to gradually increase.

                           Reasons for Change

    Many plans base benefits on social security retirement age 
so that the benefits under the plan complement social security. 
Under present law, plans that do so may fail applicable 
nondiscrimination tests. It is believed that the social 
security retirement age is an appropriate age for use under 
plans maintained by private employers.

                        Explanation of Provision

    The bill provides that for purposes of the general 
nondiscrimination rules (sec. 401(a)(4)) the Social Security 
retirement age (as defined in sec. 415) is a uniform retirement 
age and that subsidized early retirement benefits and joint and 
survivor annuities are not treated as not being available to 
employees on the same terms merely because they are based on an 
employee's Social Security retirement age (as defined in sec. 
415).

                             Effective Date

    The provision is effective for years beginning after 
December 31, 1996.

6. Contributions on behalf of disabled employees (sec. 1446 of the bill 
        and sec. 415(c)(3) of the Code)

                              Present Law

    Under present law, an employer may elect to continue 
deductible contributions to a defined contribution plan on 
behalf of an employee who is permanently and totally disabled. 
For purposes of the limit on annual additions (sec. 415(c)), 
the compensation of a disabled employee is deemed to be equal 
to the annualized compensation of the employee prior to the 
employee's becoming disabled. Contributions are not permitted 
on behalf of disabled employees who were officers, owners, or 
highly compensated before they became disabled.

                           Reasons for Change

    It is appropriate to facilitate the provision of benefits 
for disabled employees, if it is done on a nondiscriminatory 
basis.

                        Explanation of Provision

    The bill provides that the special rule for contributions 
on behalf of disabled employees is applicable without an 
employer election and to highly compensated employees if the 
defined contribution plan provides for the continuation of 
contributions on behalf of all participants who are permanently 
and totally disabled.

                             Effective Date

    The provision is effective for years beginning after 
December 31, 1996.

7. Treatment of deferred compensation plans of State and local 
        governments and tax-exempt organizations (sec. 1447 of the bill 
        and sec. 457(e) of the Code)

                              Present Law

    Under a section 457 plan, an employee who elects to defer 
the receipt of current compensation is taxed on the amounts 
deferred when such amounts are paid or made available. The 
maximum annual deferral under such a plan is the lesser of (1) 
$7,500 or (2) 33\1/3\ percent of compensation (net of the 
deferral).
    Amounts deferred under a section 457 plan may not be made 
available to an employee before the earliest of (1) the 
calendar year in which the participant attains age 70\1/2\, (2) 
when the participant is separated from the service with the 
employer, or (3) when the participant is faced with an 
unforeseeable emergency.
    Benefits under a section 457 plan are not treated as made 
available if the participant may elect to receive a lump sum 
payable after separation from service and within 60 days of the 
election. This exception is available only if the total amount 
payable to the participant under the plan does not exceed 
$3,500 and no additional amounts may be deferred under the plan 
with respect to the participant.

                           Reasons for Change

    It is appropriate to index the dollar limits on deferrals 
under section 457 plans to maintain the value of the deferral 
and to provide two additional exceptions to the principle of 
constructive receipt with respect to distributions from such 
plans.

                        Explanation of Provision

    The bill makes three changes to the rules governing section 
457 plans.
    The bill: (1) permits in-service distributions of accounts 
that do not exceed $3,500 under certain circumstances; (2) 
increases the number of elections that can be made with respect 
to the time distributions must begin under the plan, and (3) 
provides for indexing (in $500 increments) of the dollar limit 
on deferrals.

                             Effective Date

    The provision is effective for taxable years beginning 
after December 31, 1996.

8. Trust requirement for deferred compensation plans of State and local 
        governments (sec. 1448 of the bill and sec. 457 of the Code)

                              Present Law

    Until deferrals under a section 457 plan are made available 
to a plan participant, such amounts deferred, all property and 
rights purchased with such amounts, and all income attributable 
to such amounts, property, or rights must remain solely the 
property and rights of the employer, subject only to the claims 
of the employer's general creditors.

                           Reasons for Change

    The Committee is concerned about the potential for 
employees of certain State and local governments to lose 
significant portions of their retirement savings because their 
employer has chosen to provide benefits through an unfunded 
deferred compensation plan rather than a qualified pension 
plan. Therefore, the Committee finds it appropriate to require 
that benefits under a section 457 plan of a State and local 
government should be held in a trust (or custodial account or 
annuity contract) to insulate the retirement benefits of 
employees from the claims of the employer's creditors.

                        Explanation of Provision

    Under the bill, all amounts deferred under a section 457 
plan maintained by a State and local governmental employer have 
to be held in trust (or custodial account or annuity contract) 
for the exclusive benefit of employees. The trust (or custodial 
account or annuity contract) is provided tax-exempt status. 
Amounts will not be considered made available merely because 
they are held in a trust, custodial account, or annuity 
contract.

                             Effective Date

    The provision generally is effective with respect to 
amounts held on or after the date of enactment. In the case of 
amounts deferred before the date of enactment, a trust will not 
need to be established by reason of this provision until 
January 1, 1999.

9. Correction of GATT interest and mortality rate provisions in the 
        Retirement Protection Act (sec. 1449 of the bill and sec. 767 
        of the General Agreement on Tariffs and Trade)

                              Present Law

    The Retirement Protection Act of 1994, enacted as part of 
the implementing legislation for the General Agreement on 
Tariffs and Trade (``GATT''), modified the actuarial 
assumptions that must be used in adjusting benefits and 
limitations. In general, in adjusting a benefit that is payable 
in a form other than a straight life annuity and in adjusting 
the dollar limitation if benefits begin before age 62, the 
interest rate to be used cannot be less than the greater of 5 
percent or the rate specified in the plan. Under GATT, if the 
benefit is payable in a form subject to the requirements of 
section 417(e)(3), then the interest rate on 30-year Treasury 
securities is substituted for 5 percent. Also under GATT, for 
purposes of adjusting any limit or benefit, the mortality table 
prescribed by the Secretary must be used.
    This provision of GATT is generally effective as of the 
first day of the first limitation year beginning in 1995.
    GATT made similar changes to the interest rate and 
mortality assumptions used to calculate the value of lump-sum 
distributions for purposes of the rule permitting involuntary 
dispositions of certain accrued benefits. In the case of a plan 
adopted and in effect before December 8, 1995, those provisions 
do not apply before the earlier of (1) the date a plan 
amendment applying the new assumption is adopted or made 
effective (whichever is later), or (2) the first day of the 
first plan year beginning after December 31, 1999.

                           Reasons for Change

    The Committee is aware that the GATT provisions enacted in 
the 103rd Congress had the result of reducing the benefit 
payments to certain pension plan beneficiaries. The Committee 
believes that it is appropriate to ameliorate this result by 
providing the same transition period for the modifications to 
limits on contributions and benefits to that provided under 
similar GATT provisions, and by providing that the interest 
rate to be used to reduce the dollar limit on benefits under 
section 415 in cases where the participant retires before age 
62 should be the same regardless of the form of benefit.

                        Explanation of Provision

    The bill conforms the effective date of the new interest 
rate and mortality assumptions that must be used under section 
415 to calculate the limits on benefits and contributions to 
the effective date of the provision relating to the calculation 
of lump-sum distributions. This rule applies only in the case 
of plans that were adopted and in effect before the date of 
enactment of GATT (December 8, 1994). To the extent plans have 
already been amended to reflect the new assumptions, plan 
sponsors are permitted within 1 year of the date of enactment 
to amend the plan to reverse retroactively such amendment. 
11
---------------------------------------------------------------------------
    \11\ The Committee intends that plan sponsors will have flexibility 
in adopting the actuarial assumptions required under GATT. For example, 
plan sponsors are permitted to apply the actuarial assumptions that 
must be used for 415 purposes retroactively as provided under GATT. 
Alternatively, plan sponsors can apply such actuarial assumptions 
prospectively by either (1) providing a benefit equal to (i) the 
accrued benefit as of the effective date of the adoption of the new 
actuarial assumptions determined after applying section 415 using the 
old actuarial assumptions, plus (ii) the benefit accrued after such 
effective date determined after applying section 415 using the new 
actuarial assumptions; or (2) providing a benefit equal to the greater 
of (i) the accrued benefit as the effective date of the adoption of the 
new actuarial assumptions determined after applying section 415 using 
the old actuarial assumptions, or (ii) the entire accrued benefit 
determined after applying section 415 using the new actuarial 
assumptions.
---------------------------------------------------------------------------
    The bill also repeals the GATT provision which requires 
that if the benefit is payable before age 62 in a form subject 
to the requirements of section 417(e)(3) (e.g., lump sum), then 
the interest rate to be used to reduce the dollar limit on 
benefits under section 415 cannot be less than the greater of 
the rate on 30-year Treasury securities or the rate specified 
in the plan. Consequently, regardless of the form of benefit, 
the interest rate to be used cannot be less than the greater of 
5 percent or the rate specified in the plan.

                             Effective Date

    The provision is effective as if included in GATT.

10. Multiple salary reduction agreements permitted under section 403(b) 
        (sec. 1450(a) of the bill and sec. 403(b) of the Code)

                              Present Law

    Under Treasury regulations, a participant in a tax-
sheltered annuity plan (sec. 403(b)) is not permitted to enter 
into more than one salary reduction agreement in any taxable 
year. These regulations further provide that a salary reduction 
agreement is effective only with respect to amounts ``earned'' 
after the agreement becomes effective, and that a salary 
reduction agreement must be irrevocable with respect to amounts 
earned while the agreement is in effect.
    These restrictions do not apply to other elective deferral 
arrangements such as a qualified cash or deferred arrangement 
(sec. 401(k)). Under Treasury regulations, participants in a 
qualified cash or deferred arrangement may enter into more than 
one salary reduction agreement in a taxable year, such an 
agreement is effective with respect to compensation currently 
available to the participant after the agreement becomes 
effective even though previously ``earned,'' and the agreement 
may be revoked by the participant.

                           Reasons for Change

    It is appropriate to conform the treatment of salary 
reduction agreements under section 403(b) to the treatment of 
qualified cash or deferred arrangements.

                        Explanation of Provision

    The bill provides that for participants in a tax-sheltered 
annuity plan, the frequency that a salary reduction agreement 
may be entered into, the compensation to which such agreement 
applies, and the ability to revoke such agreement shall be 
determined under the rules applicable to qualified cash or 
deferred arrangements.

                             Effective Date

    The provision is effective for taxable years beginning 
after December 31, 1995.

11. Treatment of Indian tribal governments under section 403(b) (sec. 
        1450(b) of the bill and sec. 403(b) of the Code)

                              Present Law

    Under present law, certain tax-exempt employers and certain 
State and local government educational organizations are 
permitted to maintain tax-sheltered annuity plans (sec. 
403(b)). Indian tribal governments are treated as States for 
this purpose, so certain educational organizations associated 
with a tribal government are eligible to maintain tax-sheltered 
annuity plans.

                           Reasons for Change

    The Committee believes that there is some uncertainty under 
present law about the ability of Indian tribal governments to 
establish 403(b) plans for all tribal government employees. 
Following enactment of the Indian Tribal Government Tax Status 
Act of 1982, several insurance companies and financial advisors 
marketed 403(b) plans to tribes representing that the plans 
could be adopted on a tribal-wide basis to cover all employees. 
As a result, many tribes adopted 403(b) plans for their 
employees that are not in compliance with the law. Given this 
uncertainty, the Committee believes it is appropriate to 
requalify such plans.

                        Explanation of Provision

    The bill provides that any 403(b) annuity contract 
purchased in a plan year beginning before January 1, 1995 by an 
Indian tribal government shall be treated as purchased by an 
entity permitted to maintain a tax-sheltered annuity plan. The 
bill also provides that such contracts may be rolled over into 
a section 401(k) plan maintained by the Indian tribal 
government.

                             Effective Date

    The provision is effective on the date of enactment.

12. Application of elective deferral limit to section 403(b) contracts 
        (sec. 1450(c) of the bill and sec. 403(b) of the Code)

                              Present Law

    A tax-sheltered annuity plan must provide that elective 
deferrals made under the plan on behalf of an employee may not 
exceed the annual limit on elective deferrals ($9,500 for 
1996). Plans that do not comply with this requirement may lose 
their tax-favored status.

                           Reasons for Change

    The Committee does not believe that employees participating 
in a tax-sheltered annuity plan should be negatively affected 
if other employees violate the annual limit on elective 
deferrals with respect to their individual tax-sheltered 
annuity contracts (or custodial accounts).

                        Explanation of Provision

    Under the bill, each tax-sheltered annuity contract, not 
the tax-sheltered annuity plan, must provide that elective 
deferrals made under the contract may not exceed the annual 
limit on elective deferrals. The Committee intends that the 
contract terms be given effect in order for this requirement to 
be satisfied. Thus, for example, if the annuity contract issuer 
takes no steps to ensure that deferrals under the contract do 
not exceed the applicable limit, then the contract will not be 
treated as satisfying section 403(b). The provision is intended 
to make clear that the exclusion of elective deferrals from 
gross income by employees who have not exceeded the annual 
limit on elective deferrals will not be affected to the extent 
other employees exceed the annual limit. However, if the 
occurrence of an uncorrected elective deferral made by an 
employee is attributable to reasonable error, the contract will 
not fail to satisfy section 403(b), and only the portion of the 
elective deferral in excess of the annual limit would be 
includible in gross income.

                             Effective Date

    The provision is effective for years beginning after 
December 31, 1995, except that an annuity contract is not 
required to meet any change in any requirement by reason of the 
provision before the 90th day after the date of enactment.

13. Waiver of minimum waiting period for qualified plan distributions 
        (sec. 1451 of the bill and sec. 417(c) of the Code)

                              Present Law

    Under present law, in the case of a qualified joint and 
survivor annuity, a written explanation of the form of benefit 
must generally be provided to participants no less than 30 days 
and no more than 90 days before the annuity starting date. Even 
if a participant has elected to waive the qualified joint and 
survivor annuity and the spouse has consented to the 
distribution, the distribution from the plan cannot be made 
until 30 days after the written explanation was provided to the 
participant.\12\
---------------------------------------------------------------------------
    \12\ On September 15, 1995, Treasury issued temporary regulations 
(T.D. 8620) which provide that a plan may permit a participant to elect 
(with any applicable spousal consent) a distribution with an annuity 
starting date before 30 days have elapsed since the explanation was 
provided, as long as the distribution commences more than seven days 
after the explanation was provided. Consequently, even if the 
participant (and spouse, if applicable) has elected to waive the 
minimum waiting period for receiving a qualified plan distribution, the 
distribution from the plan cannot be made until seven days have elapsed 
since the explanation was provided to the participant.
---------------------------------------------------------------------------

                           Reasons for Change

    The Committee believes that the notice period applicable to 
a QJSA should not prevent the payment of benefits if such 
period is waived by the plan participant and, if applicable, 
the participant's spouse.

                        Explanation of Provision

    The bill provides that the minimum period between the date 
the explanation of the qualified joint and survivor annuity is 
provided and the annuity starting date does not apply if it is 
waived by the participant and, if applicable, the participant's 
spouse. For example, if the participant has not elected to 
waive the qualified joint and survivor annuity, only the 
participant needs to waive the minimum waiting period.

                             Effective Date

    The provision is effective with respect to plan years 
beginning after December 31, 1996.

14. Repeal of combined plan limit (sec. 1452 of the bill and sec. 
        415(e) of the Code)

                              Present Law

Combined plan limit

    Present law provides limits on contributions and benefits 
under qualified retirement plans based on the type of plan ( 
i.e., based on whether the plan is a defined contribution plan 
or a defined benefit pension plan). An overall limit applies if 
an individual is a participant in both a defined benefit 
pension plan and a defined contribution plan (called the 
combined plan limit).

Excess distribution tax

    Present law imposes a 15-percent excise tax on excess 
distributions from qualified retirement plans, tax-sheltered 
annuities, and IRAs. Excess distributions are generally the 
aggregate amount of retirement distributions from such plans 
during any calendar year in excess of $150,000 (or $750,000 in 
the case of a lump-sum distribution). An additional 15-percent 
estate tax is also imposed on an individual's excess retirement 
accumulation.

                           Reasons for Change

    One of the most significant sources of complexity relating 
to qualified pension plans is the calculation of the combined 
plan limit under section 415(e). Many new employers do not 
establish defined benefit pension plans, which provide 
employees with the greatest retirement income security. One of 
the reasons that defined benefit pension plans are not being 
established is because of the complex rules governing these 
plans and the significant administrative costs entailed in 
maintaining them. Section 415(e) is just one of the deterrents 
to the establishment and maintenance of qualified defined 
benefit pension plans. Thus, the Committee does not believe 
that the administrative costs associated with section 415(e) 
and the complexity of the calculations required are justified. 
Further, the Committee believes that section 415(e) may have 
the effect of discouraging employers from providing adequate 
retirement benefits to their employees.
    The excise tax on excess distributions has a similar 
purpose to the combined plan limit, although it applies to all 
of an individual's retirement distributions, not just those 
from a single employer. The Committee believes that both the 
combined plan limit and the excise tax on excess distributions 
should not apply at the same time.

                        Explanation of Provision

Combined plan limit

    The bill repeals the combined plan limit.

Excess distribution tax

    Until the repeal of the combined plan limit is effective, 
the bill suspends the excise tax on excess distributions. The 
additional estate tax on excess accumulations continues to 
apply.

                             Effective Date

    The provision repealing the combined plan limit is 
effective with respect to limitation years beginning after 
December 31, 1998. The provision relating to the excise tax on 
excess distributions is effective with respect to distributions 
received in 1996, 1997, and 1998.

15. Tax on prohibited transactions (sec. 1453 of the bill and sec. 4975 
        of the Code)

                              Present Law

    Present law prohibits certain transactions (prohibited 
transactions) between a qualified plan and a disqualified 
person in order to prevent persons with a close relationship to 
the qualified plan from using that relationship to the 
detriment of plan participants and beneficiaries. A two-tier 
excise tax is imposed on prohibited transactions. The initial 
level tax is equal to 5 percent of the amount involved with 
respect to the transaction. If the transaction is not corrected 
within a certain period, a tax equal to 100 percent of the 
amount involved may be imposed.

                           Reasons for Change

    The Committee believes it is appropriate to increase the 
initial level prohibited transaction tax to discourage 
disqualified persons from engaging in such transactions.

                        Explanation of Provision

    The bill increases the initial-level prohibited transaction 
tax from 5 percent to 10 percent.

                             Effective Date

    The provision is effective with respect to prohibited 
transactions occurring after the date of enactment.

16. Treatment of leased employees (sec. 1454 of the bill and sec. 
        414(n) of the Code)

                              Present Law

    An individual (a leased employee) who performs services for 
another person (the recipient) may be required to be treated as 
the recipient's employee for various employee benefit 
provisions, if the services are performed pursuant to an 
agreement between the recipient and any other person (the 
leasing organization) who is otherwise treated as the 
individual's employer (sec. 414(n)). The individual is to be 
treated as the recipient's employee only if the individual has 
performed services for the recipient on a substantially full-
time basis for a year, and the services are of a type 
historically performed by employees in the recipient's business 
field.
    An individual who otherwise would be treated as a 
recipient's leased employee will not be treated as such an 
employee if the individual participates in a safe harbor plan 
maintained by the leasing organization meeting certain 
requirements. Each leased employee is to be treated as an 
employee of the recipient, regardless of the existence of a 
safe harbor plan, if more than 20 percent of an employer's 
nonhighly compensated workforce are leased.

                           Reasons for Change

    The leased employee rules are complex and have unexpected 
and sometimes indefensible results, especially as interpreted 
under regulations proposed by the Secretary. For example, under 
the ``historically performed'' standard, the employees and 
partners of a law firm may be the leased employees of a client 
of the firm if they work a sufficient number of hours for the 
client and if it is not unusual for employers in that business 
field to have in-house counsel. While arguably meeting the 
present-law leased employee definition, it is believed that 
situations such as this are outside the intended scope of the 
rules.

                        Explanation of Provision

    Under the bill, the present-law ``historically performed'' 
test is replaced with a new test under which an individual is 
not considered a leased employee unless the individual's 
services are performed under primary direction or control by 
the service recipient. As under present law, the determination 
of whether someone is a leased employee is made after 
determining whether the individual is a common-law employee of 
the recipient. Thus, an individual who is not a common-law 
employee of the service recipient could nevertheless be a 
leased employee of the service recipient. Similarly, the fact 
that a person is or is not found to perform services under 
primary direction or control of the recipient for purposes of 
the employee leasing rules is not determinative of whether the 
person is or is not a common-law employee of the recipient.
    Whether services are performed by an individual under 
primary direction or control by the service recipient depends 
on the facts and circumstances. In general, primary direction 
and control means that the service recipient exercises the 
majority of direction and control over the individual. Factors 
that are relevant in determining whether primary direction or 
control exists include whether the individual is required to 
comply with instructions of the service recipient about when, 
where, and how he or she is to perform the services, whether 
the services must be performed by a particular person, whether 
the individual is subject to the supervision of the service 
recipient, and whether the individual must perform services in 
the order or sequence set by the service recipient. Factors 
that generally are not relevant in determining whether such 
direction or control exists include whether the service 
recipient has the right to hire or fire the individual and 
whether the individual works for others.
    For example, an individual who works under the direct 
supervision of the service recipient would be considered to be 
subject to primary direction or control of the service 
recipient even if another company hired and trained the 
individual, had the ultimate (but unexercised) legal right to 
control the individual, paid his wages, withheld his employment 
and income taxes, and had the exclusive right to fire him. 
Thus, for example, temporary secretaries, receptionists, word 
processing personnel and similar office personnel who are 
subject to the day-to-day control of the employer in 
essentially the same manner as a common law employee are 
treated as leased employees if the period of service threshold 
is reached.
    On the other hand, an individual who is a common-law 
employee of Company A who performs services for Company B on 
the business premises of Company B under the supervision of 
Company A would generally not be considered to be under primary 
direction or control of Company B. The supervision by Company A 
must be more than nominal, however, and not merely a mechanism 
to avoid the literal language of the direction or control test.
    An example of the situation in the preceding paragraph 
might be a work crew that comes into a factory to install, 
repair, maintain, or modify equipment or machinery at the 
factory. The work crew includes a supervisor who is an employee 
of the equipment (or equipment repair) company and who has the 
authority to direct and control the crew, and who actually does 
exercise such direction and control. In this situation, the 
supervisor and his or her crew are required to comply with the 
safety and environmental precautions of the manufacturer, and 
the supervisor is in frequent communication with the employees 
of the manufacturer. As another example, certain professionals 
(e.g., attorneys, accountants, actuaries, doctors, computer 
programmers, systems analysts, and engineers) who regularly 
make use of their own judgement and discretion on matters of 
importance in the performance of their services and are guided 
by professional, legal, or industry standards, are not leased 
employees even though the common law employer does not closely 
supervise the professional on a continuing basis, and the 
service recipient requires the services to be performed on site 
and according to certain stages, techniques, and timetables. In 
addition to the example above, outside professionals who 
maintain their own businesses (e.g., attorneys, accountants, 
actuaries, doctors, computer programmers, systems analysts, and 
engineers) generally would not be considered to be subject to 
such primary direction or control.
    Under the direction or control test, clerical and similar 
support staff (e.g., secretaries and nurses in a doctor's 
office) generally would be considered to be subject to primary 
direction or control of the service recipient and would be 
leased employees provided the other requirements of section 
414(n) are met.
    In many cases, the ``historically performed'' test is 
overly broad, and results in the unintended treatment of 
individuals as leased employees. One of the principal purposes 
for changing the leased employee rules is to relieve the 
unnecessary hardship and uncertainty created for employers in 
these circumstances. However, it is not intended that the 
direction or control test enable employers to engage in abusive 
practices. Thus, it is intended that the Secretary interpret 
and apply the leased employee rules in a manner so as to 
prevent abuses. This ability to prevent abuses under the 
leasing rules is in addition to the present-law authority of 
the Secretary under section 414(o). For example, one 
potentially abusive situation exists where the benefit 
arrangements of the service recipient overwhelmingly favor its 
highly compensated employees, the employer has no or very few 
nonhighly compensated common-law employees, yet the employer 
makes substantial use of the services of nonhighly compensated 
individuals who are not its common-law employees.

                             Effective Date

    The provision is effective for years beginning after 
December 31, 1996, except that the bill would not apply to 
relationships that have been previously determined by an IRS 
ruling not to involve leased employees. In applying the leased 
employee rules to years beginning before the effective date, it 
is intended that the Secretary use a reasonable interpretation 
of the statute to apply the leasing rules to prevent abuse.

17. Uniform penalty provisions to apply to certain pension reporting 
        requirements (sec. 1455 of the bill and secs. 6652(i) and 
        6724(d) of the Code)

                              Present Law

    Any person who fails to file an information report with the 
IRS on or before the prescribed filing date is subject to 
penalties for each failure. A different, flat-amount penalty 
applies for each failure to provide information reports to the 
IRS or statements to payees relating to pension payments.

                           Reasons for Change

    Conforming the information-reporting penalties that apply 
with respect to pension payments to the general information-
reporting penalty structure would simplify the overall penalty 
structure through uniformity and provide more appropriate 
information-reporting penalties with respect to pension 
payments.

                        Explanation of Provision

    The bill incorporates into the general penalty structure 
the penalties for failure to provide information reports 
relating to pension payments to the IRS and to recipients.

                             Effective Date

    The provision is effective with respect to returns and 
statements the due date for which is after December 31, 1996.

18. Retirement benefits of ministers not subject to tax on net earnings 
        from self-employment (sec. 1456 of the bill and sec. 1402(a) of 
        the Code)

                              Present Law

    Under present law, certain benefits provided to ministers 
after they retire are subject to self-employment tax.

                           Reasons for Change

    The Committee believes that, like retirement benefits paid 
from qualified plans sponsored by private employers, retirement 
benefits paid from church plans to ministers should not be 
subject to self-employment tax. The Committee believes this 
treatment should also apply to the rental value of any 
parsonage (including utilities) provided after retirement.

                        Explanation of Provision

    The bill provides that retirement benefits received from a 
church plan after a minister retires, and the rental value of a 
parsonage (including utilities) furnished to a minister after 
retirement, are not subject to self-employment taxes.

                             Effective Date

    The provision is effective for years beginning before, on, 
or after December 31, 1994.

19. Date for adoption of plan amendments (sec. 1457 of the bill)

                              Present Law

    Plan amendments to reflect amendments to the law generally 
must be made by the time prescribed by law for filing the 
income tax return of the employer for the employer's taxable 
year in which the change in law occurs.

                           Reasons for Change

    Plan sponsors should have adequate time to amend plan 
documents.

                        Explanation of Provision

    The bill generally provides that any amendments to a plan 
or annuity contract required by the pension simplification 
bills would not be required to be made before the first plan 
year beginning on or after January 1, 1997. The date for 
amendments is extended to the first plan year beginning on or 
after January 1, 1999, in the case of a governmental plan.

                             Effective Date

    The provision is effective on the date of enactment.

                  E. Foreign Simplification Provision

1. Repeal of excess passive assets provision (sec. 1501 of the bill and 
        sec. 956A of the Code)

                              Present Law

    Under the rules of subpart F (secs. 951-964), certain 10-
percent U.S. shareholders of a controlled foreign corporation 
(CFC) are required to include in income currently for U.S. tax 
purposes certain earnings of the CFC, whether or not such 
earnings are actually distributed currently to the 
shareholders. The 10-percent U.S. shareholders of a CFC are 
subject to current U.S. tax on their shares of certain income 
earned by the CFC (referred to as ``subpart F income''). The 
10-percent U.S. shareholders are also subject to current U.S. 
tax on their shares of the CFC's earnings to the extent such 
earnings are invested by the CFC in certain U.S. property.
    In addition to these current inclusion rules, the Omnibus 
Budget Reconciliation Act of 1993 enacted section 956A, which 
applies another current inclusion rule to U.S. shareholders of 
a CFC. Section 956A requires the 10-percent U.S. shareholders 
of a CFC to include in income currently their shares of the 
CFC's earnings to the extent such earnings are invested by the 
CFC in excess passive assets. A CFC generally is treated as 
having excess passive assets if the average of the amounts of 
its passive assets exceeds 25 percent of the average of the 
amounts of its total assets; this calculation requires a 
quarterly determination of the CFC's passive assets and total 
assets.

                           Reasons for Change

    With the enactment of section 956A, the 1993 Act added an 
additional layer of complexity to the subpart F rules. In 
addition to determining the current inclusions with respect to 
a CFC's subpart F income and earnings invested in U.S. 
property, the U.S. shareholders must now also determine the 
current inclusion with respect to the CFC's earnings invested 
in excess passive assets. Application of section 956A requires 
determination and measurement of the CFC's passive assets and 
total assets on a quarterly basis. The Committee understands 
that compliance with section 956A imposes substantial 
administrative burdens on both taxpayers and the IRS.
    The Committee also understands that section 956A was 
enacted in order to restrict the benefits of tax deferral for 
CFCs that accumulate passive assets abroad. However, the 
Committee further understands that the rules of section 956A 
operate to provide incentives for CFCs to make investments, 
enter into transactions, and engage in reorganizations for the 
purpose of avoiding the application of such section. The 
Committee has been informed that CFCs acquire foreign assets 
that would not otherwise be attractive investments if such 
acquisitions reduce the CFC's percentage of passive assets 
below the threshold for application of section 956A. The 
Committee has been further informed that some U.S. shareholders 
of CFCs view section 956A as having the effect of an investment 
tax credit for foreign investments by CFCs. The Committee is 
concerned that section 956A provides taxpayers with incentives 
to engage in costly, non-economic transactions. The Committee 
is further concerned that section 956A provides incentives for 
taxpayers to make investments outside the United States that 
might otherwise be made in the United States. The Committee 
believes that the administrative burdens of compliance coupled 
with the costs associated with transactions undertaken to avoid 
its application call into question the appropriateness of 
section 956A.

                        Explanation of Provision

    The bill repeals section 956A.

                             Effective Date

    The provision applies to taxable years of foreign 
corporations beginning after December 31, 1996, and taxable 
years of U.S. shareholders with or within which such taxable 
years of foreign corporations end.
                            REVENUE OFFSETS

1. Phased-in repeal of Puerto Rico and possession tax credit (sec. 1601 
        of the bill and sec. 936 and new sec. 30A of the Code)

                              Present Law

    Certain domestic corporations with business operations in 
the U.S. possessions (including, for this purpose, Puerto Rico 
and the U.S. Virgin Islands) may elect the Puerto Rico and 
possession tax credit which generally eliminates the U.S. tax 
on certain income related to their operations in the 
possessions. In contrast to the foreign tax credit, the 
possessions tax credit is a ``tax sparing'' credit. That is, 
the credit is granted whether or not the electing corporation 
pays income tax to the possession. Income exempt from U.S. tax 
under this provision falls into two broad categories: (1) 
possession business income, which is derived from the active 
conduct of a trade or business within a U.S. possession or from 
the sale or exchange of substantially all of the assets that 
were used in such a trade or business; and (2) qualified 
possession source investment income (``QPSII''), which is 
attributable to the investment in the possession or in certain 
Caribbean Basin countries of funds derived from the active 
conduct of a possession business.
    In order to qualify for the Puerto Rico and possession tax 
credit for a taxable year, a domestic corporation must satisfy 
two conditions. First, the corporation must derive at least 80 
percent of its gross income for the three-year period 
immediately preceding the close of the taxable year from 
sources within a possession. Second, the corporation must 
derive at least 75 percent of its gross income for that same 
period from the active conduct of a possession business.
    A domestic corporation that has elected the Puerto Rico and 
possession tax credit and that satisfies these two conditions 
for a taxable year generally is entitled to a credit based on 
the U.S. income tax attributable to the sum of the taxpayer's 
possession business income and its QPSII. However, the amount 
of the credit attributable to possession business income is 
subject to the limitations enacted by the Omnibus Budget 
Reconciliation Act of 1993 (``1993 Act''). Under the economic 
activity limit, the amount of the credit with respect to such 
income cannot exceed the sum of a portion of the taxpayer's 
wage and fringe benefit expenses and depreciation allowances 
(plus, in certain cases, possession income taxes). In the 
alternative, the taxpayer may elect to apply a limit equal to 
the applicable percentage of the credit that would otherwise be 
allowable with respect to possession business income; the 
applicable percentage is phased down to 50 percent for 1996, 45 
percent for 1997, and 40 percent for 1998 and thereafter. The 
amount of the Puerto Rico and possession tax credit 
attributable to QPSII is not subject to these limitations.

                           Reasons for Change

    The Committee understands that the tax benefits provided by 
the Puerto Rico and possession tax credit are enjoyed by only 
the relatively small number of U.S. corporations that operate 
in the possessions. Moreover, the Committee is concerned about 
the tax cost of the benefits provided to these possession 
corporations that is borne by all U.S. taxpayers. In light of 
current budget constraints, the Committee believes that the 
continuation of the tax exemption provided to corporations 
pursuant to the Puerto Rico and possession tax credit is no 
longer appropriate. However, the Committee believes that an 
appropriate transition period should be provided for 
corporations that have existing operations in the possessions. 
Moreover, the Committee believes that the credit computed under 
the economic activity limit for Puerto Rico should be moved to 
a new section of the Code contained in a subpart that includes 
other business-type credits; the credit computed under the 
economic activity limit operates as a credit in the traditional 
sense, measured by the level of employment and other economic 
activity engaged in by the taxpayer in the possession.

                        Explanation of Provision

    The bill generally repeals the Puerto Rico and possession 
tax credit for taxable years beginning after December 31, 1995. 
However, the bill provides grandfather rules under which a 
corporation that is an existing credit claimant would be 
eligible to claim credits for a transition period. A special 
transition rule applies to the credit attributable to 
operations in Guam, American Samoa, and the Commonwealth of the 
Northern Mariana Islands.
    For taxable years beginning after December 31, 1995, the 
Puerto Rico and possession tax credit applies only to a 
corporation that qualifies as an existing credit claimant (as 
defined below). The determination of whether a corporation is 
an existing credit claimant is made separately for each 
possession. A corporation that is an existing credit claimant 
with respect to a possession is entitled to the credit for 
income from such possession for taxable years beginning after 
December 31, 1995, subject to the limitations described below. 
The credit, subject to such limitations, is computed separately 
for each possession with respect to which the corporation is an 
existing credit claimant.
    The Puerto Rico and possession tax credit attributable to 
QPSII is eliminated for taxable years beginning after December 
31, 1995. For taxable years beginning after December 31, 1995, 
the Puerto Rico and possession tax credit is available only 
with respect to possession business income. The computation of 
the Puerto Rico and possession tax credit attributable to 
possession business income during the grandfather period 
depends upon whether the corporation is using the economic 
activity limit or the applicable percentage limit.
    For corporations that are existing credit claimants with 
respect to a possession and that use the economic activity 
limit, the possession tax credit attributable to business 
income from the possession (determined under the economic 
activity limit) continues to be determined as under present law 
for taxable years beginning after December 31, 1995 and before 
January 1, 2002. For taxable years beginning after December 31, 
2001 and before January 1, 2006, the corporation's possession 
business income that is eligible for the credit is subject to a 
cap computed as described below. For taxable years beginning in 
2006 and thereafter, the credit attributable to possession 
business income (determined under the economic activity limit) 
is eliminated.
    The bill adds to the Code a new section which provides a 
credit determined under the economic activity limit for 
business income from Puerto Rico. Such credit is computed under 
the rules described above with respect to the possession tax 
credit determined under the economic activity limit. Such 
section applies for taxable years beginning after December 31, 
1995 and before January 1, 2006.
    For corporations that are existing credit claimants with 
respect to a possession and that elected to use the applicable 
percentage limit and not to use the economic activity limit, 
the Puerto Rico and possession tax credit attributable to 
business income from the possession continues to be determined 
as under present law for taxable years beginning after December 
31, 1995 and before January 1, 1998. For taxable years 
beginning after December 31, 1997 and before January 1, 2006, 
the corporation's possession business income that is eligible 
for the credit is subject to a cap computed as described below. 
For taxable years beginning in 2006 and thereafter, the credit 
attributable to possession business income (determined under 
the applicable percentage limit) is eliminated.
    A corporation that had elected to use the applicable 
percentage limit is permitted to revoke that election under 
present law. Under the bill, such a revocation is required to 
be made not later than with respect to the first taxable year 
beginning after December 31, 1996; such revocation, if made, 
applies to such taxable year and to all subsequent taxable 
years. Accordingly, a corporation that had an election in 
effect to use the applicable percentage limit could revoke such 
election effective for its taxable year beginning in 1997 and 
thereafter; such corporation would continue to use the 
applicable percentage limit for its taxable year beginning in 
1996 and would use the economic activity limit for its taxable 
year beginning in 1997 and thereafter.
    The cap on a corporation's possession business income that 
is eligible for the Puerto Rico and possession tax credit is 
computed based on the corporation's possession business income 
for the base period years (``average adjusted base period 
possession business income''). Average adjusted base period 
possession business income is the average of the adjusted 
possession business income for each of the corporation's base 
period years. For the purpose of this computation, the 
corporation's possession business income for a base period year 
is adjusted by an inflation factor that reflects inflation from 
such year to 1995. In addition, as a proxy for real growth in 
income throughout the base period, the inflation factor is 
increased by 5 percentage points compounded for each year from 
such year to the corporation's first taxable year beginning on 
or after October 14, 1995.
    The corporation's base period years generally are three of 
the corporation's five most recent years ending before October 
14, 1995, determined by disregarding the taxable years in which 
the adjusted possession business incomes were highest and 
lowest. For purposes of this computation, only years in which 
the corporation had significant possession business income are 
taken into account. A corporation is considered to have 
significant possession business income for a taxable year if 
such income exceeds two percent of the corporation's possession 
business income for the each of the six taxable years ending 
with the first taxable year ending on or after October 14, 
1995. If the corporation has significant possession business 
income for only four of the five most recent taxable years 
ending before October 14, 1995, the base period years are 
determined by disregarding the year in which the corporation's 
possession business income was lowest. If the corporation has 
significant possession business income for three years or fewer 
of such five years, then the base period years are all such 
years. If there is no year of such five taxable years in which 
the corporation has significant possession business income, 
then the corporation is permitted to use as its base period its 
first taxable year ending on or after October 14, 1995; for 
this purpose, the amount of possession business income taken 
into account is the annualized amount of such income for the 
portion of the year ended September 30, 1995.
    As one alternative, the corporation may elect to use its 
taxable year ending in 1992 as its base period (with the 
adjusted possession business income for such year constituting 
its cap). As another alternative, the corporation may elect to 
use as its cap the annualized amount of its possession business 
income for the first ten months of calendar year 1995, 
calculated by excluding any extraordinary items (as determined 
under generally accepted accounting principles) for such 
period. For this purpose, it is intended that transactions with 
a related party that are not in the ordinary course of business 
will be considered to be extraordinary items.
    If a corporation's possession business income in a year for 
which the cap is applicable exceeds the cap, then the 
corporation's possession business income for purposes of 
computing its Puerto Rico and possession tax credit for the 
year is an amount equal to the cap. The corporation's credit 
continues to be subject to either the economic activity limit 
or the applicable percentage limit, with such limit applied to 
the corporation's possession business income as reduced to 
reflect the application of the cap.
    A corporation is an existing credit claimant with respect 
to a possession if (1) the corporation is engaged in the active 
conduct of a trade or business within the possession on October 
13, 1995, and (2) the corporation has elected the benefits of 
the Puerto Rico and possession tax credit pursuant to an 
election which is in effect for its taxable year that includes 
October 13, 1995. A corporation that adds a substantial new 
line of business after October 13, 1995, ceases to be an 
existing credit claimant as of the beginning of the taxable 
year during which such new line of business is added.
    For purposes of these rules, a corporation is treated as 
engaged in the active conduct of a trade or business within a 
possession on October 13, 1995, if such corporation is engaged 
in the active conduct of such trade or business before January 
1, 1996, and such corporation has in effect on October 13, 
1995, a binding contract for the acquisition of assets to be 
used in, or the sale of property to be produced in, such trade 
or business. For example, if a corporation has in effect on 
October 13, 1995, binding contracts for the lease of a facility 
and the purchase of machinery to be used in a manufacturing 
business in a possession and if the corporation begins actively 
conducting that manufacturing business in the possession before 
January 1, 1996, that corporation would be an existing credit 
claimant. A change in the ownership of a corporation will not 
affect its status as an existing credit claimant.
    In determining whether a corporation has added a 
substantial new line of business, the Committee intends that 
principles similar to those reflected in Treas. Reg. section 
1.7704-2(d) (relating to the transition rules for existing 
publicly traded partnerships) apply. For example, a corporation 
that modifies its current production methods, expands existing 
facilities, or adds new facilities to support the production of 
its current product lines and products within the same four-
digit Industry Number Standard Industrial Classification Code 
(Industry SIC Code) will not be considered to have added a 
substantial new line of business. In this regard, the Committee 
intends that the fact that a business which is added is 
assigned a different four-digit Industry SIC Code than is 
assigned to an existing business of the corporation will not 
automatically cause the corporation to be considered to have 
added a new line of business. For example, a pharmaceutical 
corporation that begins manufacturing a new drug will not be 
considered to have added a new line of business. Moreover, a 
pharmaceutical corporation that begins to manufacture a 
complete product from the bulk active chemical through the 
finished dosage form, a process that may be assigned two 
separate four-digit Industry SIC Codes, will not be considered 
to have added a new line of business even though it was 
previously engaged in activities that involved only a portion 
of the entire manufacturing process from bulk chemicals to 
finished dosages. The Committee further intends that, in the 
case of a merger of affiliated possession corporations that are 
existing credit claimants, the corporation that survives the 
merger will not be considered to have added a substantial new 
line of business by reason of its operation of the existing 
business of the affiliate that was merged into it.
    A special transition rule applies to the Puerto Rico and 
possession tax credit with respect to operations in Guam, 
American Samoa, and the Commonwealth of the Northern Mariana 
Islands. For any taxable year beginning after December 31, 
1995, and before January 1, 2006, a corporation that is an 
existing credit claimant with respect to one of these 
possessions for such year continues to determine its credit 
with respect to operations in such possession as under present 
law. For taxable years beginning in 2006 and thereafter, the 
Puerto Rico and possession tax credit with respect to 
operations in Guam, American Samoa, and the Commonwealth of the 
Northern Mariana Islands is eliminated.

                             Effective Date

    The provision is effective for taxable years beginning 
after December 31, 1995.

2. Repeal 50-percent interest income exclusion for financial 
        institution loans to ESOPs (sec. 1602 of the bill and sec. 133 
        of the Code)

                              Present Law

    A bank, insurance company, regulated investment company, or 
a corporation actively engaged in the business of lending money 
may generally exclude from gross income 50 percent of interest 
received on an ESOP loan (sec. 133). The 50-percent interest 
exclusion only applies if: (1) immediately after the 
acquisition of securities with the loan proceeds, the ESOP owns 
more than 50 percent of the outstanding stock or more than 50 
percent of the total value of all outstanding stock of the 
corporation; (2) the ESOP loan term will not exceed 15 years; 
and (3) the ESOP provides for full pass-through voting to 
participants on all allocated shares acquired or transferred in 
connection with the loan.

                           Reasons for Change

    The Committee believes that the 50-percent exclusion for 
interest with respect to ESOP loans provides an unnecessary tax 
benefit to financial institutions for loans they would make 
without regard to the interest exclusion. The Committee finds 
no evidence that employers that maintain ESOPs have less access 
to borrowing than other borrowers or that there is a need to 
provide an incentive to lenders to make money available to 
ESOPs.

                        Explanation of Provision

    The bill repeals the 50-percent interest exclusion with 
respect to ESOP loans.

                             Effective Date

    The provision is effective with respect to loans made after 
October 13, 1995, other than loans made pursuant to a written 
binding contract in effect on October 13, 1995, and at all 
times thereafter before such loan is made. The repeal of the 
50-percent interest exclusion does not apply to the refinancing 
of an ESOP loan originally made on or before October 13, 1995, 
or pursuant to a binding contract in effect on such date, 
provided: (1) such refinancing loan otherwise meets the 
requirements of section 133 in effect on or before October 13, 
1995; (2) the outstanding principal amount of the loan is not 
increased; and (3) the term of the refinancing loan does not 
extend beyond the term of the original ESOP loan.

3. Apply look-through rule for purposes of characterizing certain 
        subpart F insurance income as unrelated business taxable income 
        (sec. 1603 of the bill and sec. 512 of the Code)

                              Present Law

    An organization that is exempt from tax by reason of Code 
section 501(a) (e.g., a charity, business league, or qualified 
pension trust) is nonetheless subject to tax on its unrelated 
business taxable income (UBTI) (sec. 511). Unrelated business 
taxable income generally excludes dividend income (sec. 
512(b)(1)).
    Special rules apply to a tax-exempt organization described 
in section 501(c)(3) or (c)(4) (i.e., a charity or social 
welfare organization) that is engaged in commercial-type 
insurance activities. Such activities are treated as an 
unrelated trade or business and the tax-exempt organization is 
subject to tax on the income from such insurance activities 
(including investment income that might otherwise be excluded 
from the definition of unrelated business taxable income) under 
subchapter L (sec. 501(m)(2)). 13 Accordingly, a tax-
exempt organization described in section 501(c)(3) or (c)(4) 
generally is subject to tax on its income from commercial-type 
insurance activities in the same manner as a taxable insurance 
company.
---------------------------------------------------------------------------
    \13\ If the commercial-type insurance activities constitute a 
substantial part of the organization's activities, the organization 
will not be tax-exempt under section 501(c)(3) or (c)(4) (sec. 
501(m)(1)).
---------------------------------------------------------------------------
    A tax-exempt organization that conducts insurance 
activities through a foreign corporation is not subject to U.S. 
tax with respect to such activities. Under the subpart F rules, 
the United States shareholders (as defined in sec. 951(b)) of a 
controlled foreign corporation (``CFC'') are required to 
include in income currently their shares of certain income of 
the CFC, whether or not such income is actually distributed to 
the shareholders. This current inclusion rule applies to 
certain insurance income of the CFC (sec. 953). However, income 
inclusions under subpart F have been characterized as dividends 
for unrelated business income tax purposes. 14 
Accordingly, insurance income earned by the CFC that is 
includible in income currently under subpart F by the taxable 
United States shareholders of the CFC is excluded from 
unrelated business taxable income in the case of a shareholder 
that is a tax-exempt organization.
---------------------------------------------------------------------------
    \14\ The Internal Revenue Service has concluded in private letter 
rulings, which are not to be used or cited as precedent, that subpart F 
inclusions are treated as dividends received by the United States 
shareholder (a tax-exempt entity) for purposes of computing the 
shareholder's UBTI (see LTRs 9407007 (November 12, 1993), 9027051 
(April 13, 1990), 9024086 (March 22, 1990), 9024026 (March 15, 1990), 
8922047 (March 6, 1989), 8836037 (June 14, 1988), 8819034 (February 10, 
1988) ). However, the IRS issued one private ruling in which it 
concluded that subpart F inclusions are treated as if the underlying 
income were realized directly by the United States shareholder (a tax-
exempt entity) for purposes of computing the shareholder's UBTI (see 
LTR 9043039 (July 30, 1990)). This ruling gave no explanation for the 
IRS's departure from the position in its prior rulings, and the IRS 
reiterated in a subsequent ruling the position that subpart F 
inclusions are characterized as dividends for purposes of computing 
UBTI. Moreover, the application of the look-through rule in the ruling 
in question did not affect the ultimate result in the ruling because 
the income to which the subpart F inclusion was attributable was of a 
type that was excludible from UBTI. The Committee believes that LTR 
9043039 (July 30, 1990) is incorrect in its application of a look-
through rule in characterizing income inclusions under subpart F for 
unrelated business income tax purposes.
---------------------------------------------------------------------------

                           Reasons for Change

    The unrelated business income tax rules are designed to 
prevent unfair competition by business operations that would 
otherwise be tax-favored due to their ownership by tax-exempt 
organizations. The rules applicable to certain tax-exempt 
organizations that conduct insurance activities directly are 
designed to ensure that such operations are taxed in the same 
manner as they would be taxed if conducted by a taxable entity. 
However, current law does not prevent unfair competition where 
operations involving the insurance of third-party risks are not 
conducted directly by such a tax-exempt organization itself, 
but are conducted by the organization through a controlled 
foreign corporation that is subject to little tax relative to 
competing U.S. businesses.

                        Explanation of Provision

    The bill applies a look-through rule in characterizing 
certain subpart F insurance income for unrelated business 
income tax purposes. Under the bill, the look-through rule 
applies to amounts that constitute insurance income currently 
includible in gross income under the subpart F rules and that 
are not attributable to the insurance of risks of (1) the tax-
exempt organization itself, (2) certain tax-exempt affiliates 
of such organization, or (3) an officer or director of, or an 
individual who (directly or indirectly) performs services for, 
the tax-exempt organization (or certain tax-exempt affiliates) 
provided that the insurance covers primarily risks associated 
with the individual's performance of services in connection 
with the tax-exempt organization (or tax-exempt affiliates). An 
individual who performs services for a tax-exempt organization 
through a partnership, for example, is indirectly performing 
services for such organization. The Committee intends that the 
determination of whether insurance covers primarily risks 
associated with the performance of services in connection with 
the tax-exempt organization or its tax-exempt affiliates will 
be based on all the facts and circumstances. The Committee 
further intends that a safe harbor be provided under which this 
``primarily'' requirement will be considered to be satisfied 
where at least 80 percent of the services covered by the 
insurance are performed by the insured individual in connection 
with the tax-exempt organization or its tax-exempt affiliates. 
For purposes of determining whether the insurance covers risks 
associated with the individual's performance of services in 
connection with the tax-exempt organization, the Committee 
intends that the individual will not be considered to have 
performed services in connection with a tax-exempt organization 
solely by reason of the fact that the individual performs 
services at a facility leased to the individual by the tax-
exempt organization.
    For purposes of this bill, a tax-exempt organization is an 
affiliate of another tax-exempt organization if (1) the two 
organizations have significant common purposes and substantial 
common membership or (2) the two organizations have directly or 
indirectly substantial common direction or control.
    The specified exceptions from the look-through rule apply 
on a shareholder by shareholder basis. Accordingly, if the 
subpart F insurance income allocable to a tax-exempt 
organization includes both income attributable to the insurance 
of risks of the organization itself and income attributable to 
the insurance of risks of another shareholder that is not a 
tax-exempt affiliate of such organization, the look-through 
rule applies only to that portion of the income that represents 
income attributable to the insurance of risks of such other 
shareholder (and does not apply to the portion of the income 
that represents income attributable to the insurance of risks 
of the organization itself). In this regard, the Committee 
intends that if the CFC serves as a vehicle for the separate 
funding by each shareholder of its risks or liabilities for 
claims, without any pooling of a shareholder's risks or 
liabilities for claims with those of another shareholder either 
directly or through reinsurance, allocations that fairly 
reflect such arrangement will be respected for purposes of 
applying the look-through rule.

                             Effective Date

    The provision applies to amounts includible in gross income 
in taxable years beginning after December 31, 1995.

4. Depreciation under the income forecast method (sec. 1604 of the bill 
        and sec. 167 of the Code)

                              Present Law

In general

    A taxpayer generally must capitalize the cost of property 
used in a trade or business and recover such cost over time 
through allowances for depreciation or amortization. 
Depreciation allowances for tangible property generally are 
determined under the modified Accelerated Cost Recovery System 
(``MACRS'') of section 168, which provides that depreciation is 
computed by applying specific recovery periods, placed-in-
service conventions, and depreciation methods to the cost of 
various types of depreciable property. Intangible property 
generally is amortized under section 197, which provides a 15-
year recovery period and the straight-line method to the cost 
of applicable property.

Treatment of film, video tape, and similar property

    MACRS does not apply to certain property, including any 
motion picture film, video tape, or sound recording or to other 
any property if the taxpayer elects to exclude such property 
from MACRS and the taxpayer applies a unit-of-production method 
or other method of depreciation not expressed in a term of 
years. Section 197 does not apply to certain intangible 
property, including property produced by the taxpayer or any 
interest in a film, sound recording, video tape, book or 
similar property not acquired in transaction (or a series of 
related transactions) involving the acquisition of assets 
constituting a trade or business or substantial portion 
thereof. Thus, the recovery of the cost of a film, video tape, 
or similar property that is produced by the taxpayer or is 
acquired on a ``stand-alone'' basis by the taxpayer may not be 
determined under either the MACRS depreciation provisions or 
under the section 197 amortization provisions. The cost of such 
property may be determined under section 167, which allows a 
depreciation deduction for the reasonable allowance for the 
exhaustion, wear and tear, or obsolescence of the property.
    The ``income forecast'' method is an allowable method for 
calculating depreciation under section 167 for certain 
property. Under the income forecast method, the depreciation 
deduction for a taxable year for a property is determined by 
multiplying the cost of the property 15 (less estimated 
salvage value) by a fraction, the numerator of which is the 
income generated by the property during the year and the 
denominator of which is the total forecasted or estimated 
income to be derived from the property during its useful life. 
The income forecast method has been held to be applicable for 
computing depreciation deductions for motion picture films, 
television films and taped shows, books, patents, master sound 
recordings and video games. 16 The total forecasted or 
estimated income to be derived from a property is to be based 
on the conditions known to exist at the end of the period for 
which depreciation is claimed. This estimate can be revised 
upward or downward at the end of a subsequent taxable period 
based on additional information that becomes available after 
the last prior estimate. These revisions, however, do not 
affect the amount of depreciation claimed in a prior taxable 
year.
---------------------------------------------------------------------------
    \15\ In Transamerica Corp. v. U.S., 999 F.2d 1362, (9th Cir. 1993), 
the Ninth Circuit overturned the District Court and held that, for 
purposes of applying the income forecast method to a film, ``cost of a 
film'' includes ``participation'' and ``residual'' payments (i.e., 
payments to producers, writers, directors, actors, guilds, and others 
based on a percentage of the profits from the film) even though these 
payments were contingent on the occurrence of future events. It is 
unclear to what extent, if any, the Transamerica decision applies to 
amounts incurred after the enactment of the economic performance rules 
of Code section 461(h), as contained in the Deficit Reduction Act of 
1984.
    \16\ See, e.g., Rev. Rul. 60-358, 1960-2 C.B. 68; Rev. Rul. 64-273, 
1964-2 C.B. 62; Rev. Rul. 79-285, 1979-2 C.B. 91; and Rev. Rul. 89-62, 
1989-1 C.B. 78. Conversely, the courts have held that certain tangible 
personal property was not of a character to which the income forecast 
method was applicable. See, e.g., ABC Rentals of San Antonio v. Comm., 
68 TCM 1362 (1994) (consumer durable property subject to short-term, 
``rent-to-own'' leases not eligible) and Carland, Inc. v. Comm,, 90 
T.C. 505 (1988), aff'd. on this issue, 909 F.2d 1101 (8th Cir. 1990) 
(railroad rolling stock subject to a lease not eligible).
---------------------------------------------------------------------------
    In the case of a film, income to be taken into account 
under the income forecast method means income from the film 
less the expense of distributing the film, including estimated 
income from foreign distribution or other exploitation of the 
film. 17 In the case of a motion picture released for 
theatrical exhibition, income does not include estimated income 
from future television exhibition of the film (unless an 
arrangement for domestic television exhibition has been entered 
into before the film has been depreciated to its reasonable 
salvage value). In the case of a series or a motion picture 
produced for television exhibition, income does not include 
estimated income from domestic syndication of the series or the 
film (unless an arrangement for syndication has been entered 
into before the series or film has been depreciated to its 
reasonable salvage value). 18 The Internal Revenue Service 
also has ruled that income does not include net merchandising 
revenue received from the exploitation of film characters. 
19
---------------------------------------------------------------------------
    \17\ Rev. Rul. 60-358, 1960-2 C.B. 68.
    \18\ Rev. Proc. 71-29, 1971-2 C.B. 568.
    \19\ Private letter ruling 7918012, January 24, 1979. Private 
letter rulings do not have precedential authority and may not be relied 
upon by any taxpayer other than the taxpayer receiving the ruling but 
are some indication of IRS administrative practice.
---------------------------------------------------------------------------

                           Reasons for Change

    The Committee believes that, in theory, the income forecast 
method is an appropriate method for matching the capitalized 
cost of certain property with the income produced by such 
property. However, the Committee believes that the application 
of the income forecast method under present law does not meet 
the theoretical objective of the method. In addition, the 
Committee recognizes that the reliance of the operation of the 
income forecast method upon estimated income may result in a 
mismatch between income and depreciation deductions when future 
income is over- or under-estimated. The Committee bill attempts 
to address these issues.

                        Explanation of Provision

    The bill makes several amendments to the income forecast 
method of determining depreciation deductions.

Determination of estimated income

    First, the bill provides that income to be taken into 
account under the income forecast method includes all estimated 
income generated by the property. In applying this rule, a 
taxpayer generally need not take into account income expected 
to be generated after the close of the tenth taxable year after 
the year the property was placed in service. In the case of a 
film, television show, or similar property, such income 
includes, but is not necessarily limited to, income from 
foreign and domestic theatrical, television, and other releases 
and syndications; and video tape releases, sales, rentals, and 
syndications.
    Pursuant to a special rule, in the case of television and 
motion picture films, the income from the property shall 
include income from the financial exploitation of characters, 
designs, scripts, scores, and other incidental income 
associated with such films, but only to the extent the income 
is earned in connection with the ultimate use of such items by, 
or the ultimate sale of merchandise to, persons who are not 
related to the taxpayer (within the meaning of sec. 267(b)). As 
an example of this special rule, assume a taxpayer produces a 
motion picture the subject of which is the adventures of a 
newly-created fictional character. If the taxpayer produces 
dolls or T-shirts using the character's image, income from the 
sales of these products by the taxpayer to consumers would be 
taken into account in determining depreciation for the motion 
picture under the income forecast method. Similarly, if the 
taxpayer enters into any licensing or similar agreement with an 
unrelated party with respect to the use of the image, such 
licensing income would be taken into account in determining 
depreciation for the motion picture. However, if the taxpayer 
uses the character's image to promote a ride at an amusement 
park that is wholly-owned by the taxpayer, no portion of the 
admission fees for the amusement park are to be taken into 
account under the income forecast method with respect to the 
motion picture.
    In addition, pursuant to another special rule, if a 
taxpayer produces a television series and initially does not 
anticipate syndicating the episodes from the series, the 
forecasted income for the episodes of the first three years of 
the series need not take into account any future syndication 
fees (unless the taxpayer enters into an arrangement to 
syndicate such episodes during such period).
    The 10th-taxable-year rule, the financial exploitation 
rule, and the syndication rule apply for purposes of the look-
back method described below.

Determination of income forecast property costs

    The cost of property subject to depreciation only includes 
amounts that satisfy the economic performance standard of 
section 461(h). 20 For this purpose, if the taxpayer 
incurs a noncontingent liability to acquire property subject to 
the income forecast method from another person, economic 
performance will be deemed to occur with respect to such 
noncontingent liability when the property is provided to the 
taxpayer. In addition, it is expected that the recurring item 
exception of section 461(h)(3) will apply in appropriate cases. 
Any costs that are taken into account after the property is 
placed in service are treated as a separate piece of property 
to the extent (1) such amounts are significant and are expected 
to give rise to a significant increase in the income from the 
property that was not included in the estimated income from the 
property, or (2) such costs are incurred more than 10 years 
after the property was placed in service. To the extent costs 
are incurred more than 10 years after the property was placed 
in service and give rise to a separate piece of property for 
which no income is generated, such costs may be written off and 
deducted they are incurred. For example, assume a taxpayer 
places property subject to the income forecast method in 
service during a taxable year and all income from the property 
is generated in the following four-year period. If the taxpayer 
incurs additional costs with respect to that property more than 
10 years later (e.g., a payment pursuant to a deferred 
contingent compensation arrangement to a person that produced 
the property), such costs may be deducted in the year incurred 
provided no more income is generated with respect to such costs 
or the original property.
---------------------------------------------------------------------------
    \20\ No inference is intended as to the proper application of 
section 461(h) to the income forecast method under present law.
---------------------------------------------------------------------------
    Any costs that are not recovered by the end of the tenth 
taxable year after the property was placed in service may be 
taken into account as depreciation in such year.

Look-back method

    Finally, taxpayers that claim depreciation deductions under 
the income forecast method are required to pay (or would 
receive) interest based on the recalculation of depreciation 
under a ``look-back'' method. 21 The ``look-back'' method 
is applied in any ``recomputation year'' by (1) comparing 
depreciation deductions that had been claimed in prior periods 
to depreciation deductions that would have been claimed had the 
taxpayer used actual, rather than estimated, total income from 
the property; (2) determining the hypothetical overpayment or 
underpayment of tax based on this recalculated depreciation; 
and (3) applying the overpayment rate of section 6621 of the 
Code.
---------------------------------------------------------------------------
    \21\ The ``look-back'' method of the provision resembles the look-
back method applicable to long-term contracts accounted for under the 
percentage-of-completion method of present-law sec. 460.
---------------------------------------------------------------------------
    Except as provided in Treasury regulations, a 
``recomputation year'' is the third and tenth taxable year 
after the taxable year the property was placed in service, 
unless the actual income from the property for each taxable 
year ending with or before the close of such years was within 
10 percent of the estimated income from the property for such 
years. The Secretary of the Treasury has the authority to allow 
a taxpayer to delay the initial application of the look-back 
method where the taxpayer may be expected to have significant 
income from the property after the third taxable year after the 
taxable year the property was placed in service (e.g., the 
Treasury Secretary may exercise such authority where the 
depreciable life of the property is expected to be longer than 
three years).
    In applying the look-back method, any cost that is taken 
into account after the property was placed in service may be 
taken into account by discounting (using the Federal mid-term 
rate determined under sec. 1274(d) as of the time the costs 
were taken into account) such cost to its value as of the date 
the property was placed in service. Property with an adjusted 
basis of $100,000 or less when the property was placed in 
service is not subject to the look-back method. The provision 
provides a simplified look-back method for pass-through 
entities.

                             Effective Date

    The provision is effective for property placed in service 
after September 13, 1995, unless placed in service pursuant to 
a binding written contract in effect before such date and all 
times thereafter.

5. Modify exclusion of damages received on account of personal injury 
        or sickness (sec. 1605 of the bill and sec. 104(a)(2) of the 
        Code)

                              Present Law

    Under present law, gross income does not include any 
damages received (whether by suit or agreement and whether as 
lump sums or as periodic payments) on account of personal 
injury or sickness (sec. 104(a)(2)).
    The exclusion from gross income of damages received on 
account of personal injury or sickness specifically does not 
apply to punitive damages received in connection with a case 
not involving physical injury or sickness. Courts presently 
differ as to whether the exclusion applies to punitive damages 
received in connection with a case involving a physical injury 
or physical sickness. 22 Certain States provide that, in 
the case of claims under a wrongful death statute, only 
punitive damages may be awarded.
---------------------------------------------------------------------------
    \22\ The Supreme Court recently agreed to decide whether punitive 
damages awarded in a physical injury lawsuit are excludable from gross 
income. O'gilvie v. U.S., 66 F.3d 1550 (10th Cir. 1995), cert. granted, 
64 U.S.L.W. 3639 (U.S. March 25, 1996)(No. 95-966). Also, the Tax Court 
recently held that if punitive damages are not of a compensatory 
nature, they are not excludable from income, regardless of whether the 
underlying claim involved a physical injury or physical sickness. 
Bagley v. Commissioner, 105 T.C. No. 27 (1995).
---------------------------------------------------------------------------
    Courts have interpreted the exclusion from gross income of 
damages received on account of personal injury or sickness 
broadly in some cases to cover awards for personal injury that 
do not relate to a physical injury or sickness. For example, 
some courts have held that the exclusion applies to damages in 
cases involving certain forms of employment discrimination and 
injury to reputation where there is no physical injury or 
sickness. The damages received in these cases generally consist 
of back pay and other awards intended to compensate the 
claimant for lost wages or lost profits. The Supreme Court 
recently held that damages received based on a claim under the 
Age Discrimination in Employment Act could not be excluded from 
income. 23 In light of the Supreme Court decision, the 
Internal Revenue Service has suspended existing guidance on the 
tax treatment of damages received on account of other forms of 
employment discrimination.
---------------------------------------------------------------------------
    \23\ Schleier v. Commissioner, 115 S. Ct. 2159 (1995).
---------------------------------------------------------------------------

                           Reasons for Change

    Punitive damages are intended to punish the wrongdoer and 
do not compensate the claimant for lost wages or pain and 
suffering. Thus, they are a windfall to the taxpayer and 
appropriately should be included in taxable income. Further, 
including all punitive damages in taxable income provides a 
bright-line standard which avoids prospective litigation on the 
tax treatment of punitive damages received in connection with a 
case involving a physical injury or physical sickness.
    Damages received on a claim not involving a physical injury 
or physical sickness are generally to compensate the claimant 
for lost profits or lost wages that would otherwise be included 
in taxable income. The confusion as to the tax treatment of 
damages received in cases not involving physical injury or 
physical sickness has led to substantial litigation, including 
two Supreme Court cases within the last four years. The 
taxation of damages received in cases not involving a physical 
injury or physical sickness should not depend on the type of 
claim made.

                       Explanation of Provisions

Include in income all punitive damages

    The bill provides that the exclusion from gross income does 
not apply to any punitive damages received on account of 
personal injury or sickness whether or not related to a 
physical injury or physical sickness. Under the bill, present 
law continues to apply to punitive damages received in a 
wrongful death action if the applicable State law (as in effect 
on September 13, 1995 without regard to subsequent 
modification) provides, or has been construed to provide by a 
court decision issued on or before such date, that only 
punitive damages may be awarded in a wrongful death action. The 
Committee intends no inference as to the application of the 
exclusion to punitive damages prior to the effective date of 
the bill in connection with a case involving a physical injury 
or physical sickness.

Include in income damage recoveries for nonphysical injuries

    The bill provides that the exclusion from gross income only 
applies to damages received on account of a personal physical 
injury or physical sickness. If an action has its origin in a 
physical injury or physical sickness, then all damages (other 
than punitive damages) that flow therefrom are treated as 
payments received on account of physical injury or physical 
sickness whether or not the recipient of the damages is the 
injured party. For example, damages (other than punitive 
damages) received by an individual on account of a claim for 
loss of consortium due to the physical injury or physical 
sickness of such individual's spouse are excludable from gross 
income. In addition, damages (other than punitive damages) 
received on account of a claim of wrongful death continue to be 
excludable from taxable income as under present law.
    The bill also specifically provides that emotional distress 
is not considered a physical injury or physical sickness. 
24 Thus, the exclusion from gross income does not apply to 
any damages received (other than for medical expenses as 
discussed below) based on a claim of employment discrimination 
or injury to reputation accompanied by a claim of emotional 
distress. Because all damages received on account of physical 
injury or physical sickness are excludable from gross income, 
the exclusion from gross income applies to any damages received 
based on a claim of emotional distress that is attributable to 
a physical injury or physical sickness. In addition, the 
exclusion from gross income specifically applies to the amount 
of damages received that is not in excess of the amount paid 
for medical care attributable to emotional distress.
---------------------------------------------------------------------------
    \24\ The Committee intends that the term emotional distress 
includes physical symptoms (e.g., insomnia, headaches, stomach 
disorders) which may result from such emotional distress.
---------------------------------------------------------------------------
    The Committee intends no inference as to the application of 
the exclusion to damages prior to the effective date of the 
bill in connection with a case not involving a physical injury 
or physical sickness.

                             Effective Date

    The provisions generally are effective with respect to 
amounts received after June 30, 1996. The provisions do not 
apply to amounts received under a written binding agreement, 
court decree, or mediation award in effect on (or issued on or 
before) September 13, 1995.

6. Repeal advance refunds of diesel fuel tax for purchasers of diesel-
        powered automobiles, vans, and light trucks (sec. 1606 of the 
        bill and sec. 6427(g) of the Code)

                              Present Law

    Excise taxes are imposed on gasoline (14 cents per gallon) 
and diesel fuel (20 cents per gallon) to fund the Federal 
Highway Trust Fund. Before 1985, the gasoline and diesel fuel 
tax rates were the same. The predominate highway use of diesel 
fuel is by trucks. In 1984, the diesel excise tax rate was 
increased above the gasoline tax as the revenue offset for a 
reduction in the annual heavy truck use tax. Because 
automobiles, vans, and light trucks, did not benefit from the 
use tax reductions, a provision was enacted allowing first 
purchasers of model year 1979 and later diesel-powered 
automobiles and light trucks a tax credit to offset this 
increased diesel fuel tax. The credit is $102 for automobiles, 
and $198 for vans and light trucks.

                           Reasons for Change

    Changed driving patterns, and vehicles currently being 
marketed, have resulted in fewer diesel-powered automobiles, 
vans, and light trucks today than was the case when this 
advance refund was enacted. Additionally, the highway cost 
allocation study on which the refund was based is now outdated. 
The Committee believes, therefore, that this present-law tax 
credit is obsolete and should be repealed.

                        Explanation of Provision

    The tax credit for purchasers of diesel-powered automobiles 
and light trucks is repealed.

                             Effective Date

    This provision is effective for vehicles purchased after 
the date of the bill's enactment.
                  TAX TECHNICAL CORRECTIONS PROVISIONS

    The technical corrections subtitle contains clerical, 
conforming and clarifying amendments to the provisions enacted 
by the Revenue Reconciliation Act of 1990, the Revenue 
Reconciliation Act of 1993, and other recently enacted 
legislation. All amendments made by this title are meant to 
carry out the intent of Congress in enacting the original 
legislation. Therefore, no separate ``Reasons for Change'' is 
set forth for each individual amendment. Except as otherwise 
described, the amendments made by the technical corrections 
title take effect as if included in the original legislation to 
which each amendment relates.

   A. Technical Corrections to the Revenue Reconciliation Act of 1990

1. Excise tax provisions
            a. Application of the 2.5-cents-per-gallon tax on fuel used 
                    in rail transportation to States and local 
                    governments (sec. 1702(b)(2) of the bill, sec. 
                    11211(b)(4) of the 1990 Act, and sec. 4093 of the 
                    Code)

                              Present Law

    The 1990 Act increased the highway and motorboat fuels 
taxes by 5 cents per gallon, effective on December 1, 1990. The 
1990 Act continued the exemption from these taxes for fuels 
used by States and local governments.
    The 1990 Act further imposed a 2.5-cents-per-gallon tax on 
fuel used in rail transportation, also effective on December 1, 
1990. Because of a drafting error, the 2.5-cents-per-gallon tax 
on fuel used in rail transportation incorrectly applies to fuel 
used by States and local governments.

                        Explanation of Provision

    The bill clarifies that the 2.5-cents-per-gallon tax on 
fuel used in rail transportation does not apply to such uses by 
States and local governments.
            b. Small winery production credit and bonding requirements 
                    (secs. 1702(b)(5), (6), and (7) of the bill, sec. 
                    11201 of the 1990 Act, and sec. 5041 of the Code)

                              Present Law

    A 90-cents-per-gallon credit is allowed to wine producers 
who produce no more than 250,000 gallons of wine in a year. The 
credit may be claimed against the producers' excise or income 
taxes.
    Wine producers must post a bond in amounts determined by 
reference to expected excise tax liability as a condition of 
legally operating.

                        Explanation of Provision

    The bill clarifies that wine produced by eligible small 
wineries may be transferred without payment of tax to bonded 
warehouses that become liable for payment of the wine excise 
tax without losing credit eligibility. In such cases, the 
bonded warehouse will be eligible for the credit to the same 
extent as the producer otherwise would have been.
    The bill further clarifies that the Treasury Department has 
broad regulatory authority to prevent the benefit of the credit 
from accruing (directly or indirectly) to wineries producing in 
excess of 250,000 gallons in a calendar year.
    It is intended that the Treasury regulatory authority will 
extend to all circumstances in which wine production is 
increased with a purpose of securing indirect credit 
eligibility for wine produced by such large producers.
    The bill also clarifies that the Treasury Department may 
take the amount of credit expected to be claimed against a 
producer's wine excise tax liability into account in 
determining the amount of required bond.
2. Other revenue-increase provisions of the 1990 Act
            a. Deposits of Railroad Retirement Tax Act taxes (sec. 
                    1702(c)(3) of the bill, sec. 11334 of the 1990 Act, 
                    and sec. 6302(g) of the Code)

                              Present Law

    Employers must deposit income taxes withheld from 
employees' wages and FICA taxes that are equal to or greater 
than $100,000 by the close of the next banking day. Under the 
Railroad Retirement Solvency Act of 1983, the deposit rules for 
withheld income taxes and FICA taxes automatically apply to 
Railroad Retirement Tax Act taxes (sec. 226 of P.L. 98-76).

                        Explanation of Provision

    The bill conforms the Internal Revenue Code to the Railroad 
Retirement Solvency Act of 1983 by stating in the Code that 
these deposit rules for withheld income taxes and FICA taxes 
apply to Railroad Retirement Tax Act taxes.
            b. Treatment of salvage and subrogation of property and 
                    casualty insurance companies (sec. 1702(c)(4) of 
                    the bill and sec. 11305 of the 1990 Act)

                              Present Law

    For taxable years beginning after December 31, 1989, 
property and casualty insurance companies are required to 
reduce the deduction allowed for losses incurred (both paid and 
unpaid) by estimated recoveries of salvage and subrogation 
attributable to such losses. In the case of any property and 
casualty insurance company that took into account estimated 
salvage and subrogation recoverable in determining losses 
incurred for its last taxable year beginning before January 1, 
1990, 87 percent of the discounted amount of the estimated 
salvage and subrogation recoverable as of the close of the last 
taxable year beginning before January 1, 1990, is allowed as a 
deduction ratably over the first 4 taxable years beginning 
after December 31, 1989. This special deduction was enacted in 
order to provide such property and casualty insurance companies 
with substantially the same Federal income tax treatment as 
that provided to those property and casualty insurance 
companies that prior to the Revenue Reconciliation Act of 1990 
did not take into account estimated salvage and subrogation 
recoverable in determining losses incurred.

                        Explanation of Provision

    The bill provides that the earnings and profits of any 
property and casualty insurance company that took into account 
estimated salvage and subrogation recoverable in determining 
losses incurred for its last taxable year beginning before 
January 1, 1990, is to be determined without regard to the 
special deduction that is allowed over the first 4 taxable 
years beginning after December 31, 1989. The special deduction 
is to be taken into account, however, in determining earnings 
and profits for purposes of applying sections 56, 902, and 
subpart F of part III of subchapter N of chapter 1 of the 
Internal Revenue Code of 1986. This provision is considered 
necessary in order to provide those property and casualty 
insurance companies that took into account estimated salvage 
and subrogation recoverable in determining losses incurred with 
substantially the same Federal income tax treatment as that 
provided to those property and casualty insurance companies 
that prior to the 1990 Act did not take into account estimated 
salvage and subrogation recoverable in determining losses 
incurred.
            c. Information with respect to certain foreign-owned or 
                    foreign corporations: Suspension of the statute of 
                    limitations during certain judicial proceedings 
                    (sec. 1702(c)(5) of the bill, secs. 11314 and 11315 
                    of the 1990 Act, and secs. 6038A and 6038C of the 
                    Code)

                              Present Law

    Any domestic corporation that is 25-percent owned by one 
foreign person is subject to certain information reporting and 
recordkeeping requirements with respect to transactions carried 
out directly or indirectly with certain foreign persons treated 
as related to the domestic corporation (``reportable 
transactions'') (sec. 6038A(a)). In addition, the Code provides 
procedures whereby an IRS examination request or summons with 
respect to reportable transactions can be served on foreign 
related persons through the domestic corporation (sec. 
6038A(e)). Similar provisions apply to any foreign corporation 
engaged in a trade or business within the United States, with 
respect to information, records, examination requests, and 
summonses pertaining to the computation of its liability for 
tax in the United States (sec. 6038C). Certain noncompliance 
rules may be applied by the Internal Revenue Service in the 
case of the failure by a domestic corporation to comply with a 
summons pertaining to a reportable transaction (a ``6038A 
summons'') (sec. 6038A(e)), or the failure by a foreign 
corporation engaged in a U.S. trade or business to comply with 
a summons issued for purposes of determining the foreign 
corporation's liability for tax in the United States (a ``6038C 
summons'') (sec. 6038C(d)).
    Any corporation that is subject to the provisions of 
section 6038A or 6038C has the right to petition a Federal 
district court to quash a 6038A or 6038C summons, or to review 
a determination by the IRS that the corporation did not 
substantially comply in a timely manner with the 6038A or 6038C 
summons (sec. 6038A(e)(4)(A) and (B); sec. 6038C(d)(4)). During 
the period that either such judicial proceeding is pending 
(including appeals), and for up to 90 days thereafter, the 
statute of limitations is suspended with respect to any 
transaction (or item, in the case of a foreign corporation) to 
which the summons relates (secs. 6038A(e)(4)(D), 6038C(d)(4)).
    The legislative history of the 1989 Act amendments to 
section 6038A states that the suspension of the statute of 
limitations applies to ``the taxable year(s) at issue.'' 
25 The legislative history of the 1990 Act, which added 
section 6038C to the Code, uses the same language. 26
---------------------------------------------------------------------------
    \25\ H. Rept. No. 247, 101st Cong., 1st Sess. 1301 (1989); 
``Explanation of Provisions Approved by the Committee on October 3, 
1989,'' Senate Finance Committee Print, 101st Cong., 1st Sess. 118 
(October 12, 1989).
    \26\ ``Legislative History of Ways and Means Democratic 
Alternative,'' House Ways and Means Committee Print (WMCP: 101-37), 
101st Cong., 2nd Sess. 58 (October 15, 1990); Report language submitted 
by the Senate Finance Committee to the Senate Budget Committee on S. 
3299, 136 Cong. Rec. S. 15629, S. 15700 (1990).
---------------------------------------------------------------------------

                        Explanation of Provision

    The bill modifies the provisions in sections 6038A and 
6038C that suspend the statute of limitations to clarify that 
the suspension applies to any taxable year the determination of 
the amount of tax imposed for which is affected by the 
transaction or item to which the summons relates.
    It is intended that, under the provision, a transaction or 
item would affect the determination of the amount of tax 
imposed for the taxable year directly at issue, as well as for 
any taxable year indirectly affected through, for example, net 
operating loss carrybacks or carryforwards. It is not intended 
that, under the provision, a transaction or item would affect 
the determination of the amount of tax imposed for any taxable 
year other than the taxable year directly at issue solely by 
reason of any similarity of issues involved. Similarly, it is 
not intended that, under the provision, a transaction or item 
would affect the determination of the amount of tax imposed on 
any taxpayer unrelated to the taxpayer to whom the summons is 
directed.
            d. Rate of interest for large corporate underpayments 
                    (secs. 1702(c)(6) and (7) of the bill, sec. 11341 
                    of the 1990 Act, and sec. 6621(c) of the Code)

                              Present Law

    The rate of interest otherwise applicable to underpayments 
of tax is increased by two percent in the case of large 
corporate underpayments (generally defined to exceed $100,000), 
applicable to periods after the 30th day following the earlier 
of a notice of proposed deficiency, the furnishing of a 
statutory notice of deficiency, or an assessment notice issued 
in connection with a nondeficiency procedure.

                        Explanation of Provision

    The bill provides that an IRS notice that is later 
withdrawn because it was issued in error does not trigger the 
higher rate of interest. The bill also corrects an incorrect 
reference to ``this subtitle''.

3. Research credit provision: Effective date for repeal of special 
        proration rule (sec. 1702(d)(1) of the bill and sec. 11402 of 
        the 1990 Act)

                              Present Law

    The Omnibus Budget Reconciliation Act of 1989 (``1989 
Act'') effectively extended the research credit for nine months 
by prorating certain qualified research expenses incurred 
before January 1, 1991. The special rule to prorate qualified 
research expenses applied in the case of any taxable year which 
began before October 1, 1990, and ended after September 30, 
1990. Under this special proration rule, the amount of 
qualified research expenses incurred by a taxpayer prior to 
January 1, 1991, was multiplied by the ratio that the number of 
days in that taxable year before October 1, 1990, bears to the 
total number of days in such taxable year before January 1, 
1991. The amendments made by the 1989 Act to the research 
credit (including the new method for calculating a taxpayer's 
base amount) generally were effective for taxable years 
beginning after December 31, 1989. However, this effective date 
did not apply to the special proration rule (which applied to 
any taxable year which began prior to October 1, 1990--
including some years which began before December 31, 1989--if 
such taxable year ended after September 30, 1990).
    Section 11402 of the Revenue Reconciliation Act of 1990 
(``1990 Act'') extended the research credit through December 
31, 1991, and repealed the special proration rule provided for 
by the 1989 Act. Section 11402 of the 1990 Act was effective 
for taxable years beginning after December 31, 1989. Thus, in 
the case of taxable years beginning before December 31, 1989, 
and ending after September 30, 1990 (e.g., a taxable year of 
November 1, 1989 through October 31, 1990), the special 
proration rule provided by the 1989 Act would continue to 
apply.

                        Explanation of Provision

    The bill repeals for all taxable years ending after 
December 31, 1989, the special proration rule provided for by 
the 1989 Act.

4. Energy tax provision: Alternative minimum tax adjustment based on 
        energy preferences (secs. 1702(e)(1) and (4) of the bill, sec. 
        11531(a) of the 1990 Act, and former sec. 56(h) of the Code)

                              Present Law

    In computing alternative minimum taxable income (and the 
adjusted current earnings (ACE) adjustment of the alternative 
minimum tax), certain adjustments are made to the taxpayer's 
regular tax treatment for intangible drilling costs (IDCs) and 
depletion. For certain taxable years, a special energy 
deduction is also allowed. The special energy deduction is 
initially determined by determining the taxpayer's (1) 
intangible drilling cost preference and (2) the marginal 
production depletion preference. The intangible drilling cost 
preference is the amount by which the taxpayer's alternative 
minimum taxable income would be reduced if it were computed 
without regard to the adjustments for IDCs. The marginal 
production depletion preference is the amount by which the 
taxpayer's alternative minimum taxable income would be reduced 
if it were computed without regard to depletion adjustments 
attributable to marginal production. The intangible drilling 
cost preference is then apportioned between (1) the portion of 
the preference related to qualified exploratory costs and (2) 
the remaining portion of the preference. The portion of the 
preference related to qualified exploratory costs is multiplied 
by 75 percent and the remaining portion is multiplied by 15 
percent. The marginal production depletion preference is 
multiplied by 50 percent. The three products described above 
are added together to arrive at the taxpayer's special energy 
deduction (subject to certain limitations).
    The special energy deduction is not allowed to the extent 
that it exceeds 40 percent of alternative minimum taxable 
income determined without regard to either this special energy 
deduction or the alternative tax net operating loss deduction. 
Any special energy deduction amount limited by the 40-percent 
threshold may not be carried to another taxable year. In 
addition, the combination of the special energy deduction, the 
alternative minimum tax net operating loss and the alternative 
minimum tax foreign tax credit cannot generally offset, in the 
aggregate, more than 90 percent of a taxpayer's alternative 
minimum tax determined without such attributes.
    The special energy deduction was repealed for taxable years 
beginning after December 31, 1992.

                        Explanation of Provision

Interaction of special energy deduction with net operating loss and 
        investment tax credit

    The bill clarifies that the amount of alternative tax net 
operating loss that is utilized in any taxable year is to be 
appropriately adjusted to take into account the amount of 
special energy deduction claimed for that year. This operates 
to preserve a portion of the alternative tax net operating loss 
carryover by reducing the amount of net operating loss utilized 
to the extent of the special energy deduction claimed, which if 
unused, could not be carried forward.
    In addition, the bill contains a similar provision which 
clarifies that the limitation on the utilization of the 
investment tax credit for purposes of the alternative minimum 
tax is to be determined without regard to the special energy 
deduction.

Interaction of special energy deduction with adjustment based on 
        adjusted current earnings

    The bill provides that the ACE adjustment for taxable years 
beginning in 1991 and 1992 is to be computed without regard to 
the special energy deduction. Thus, the bill specifies that the 
ACE adjustment is equal to 75 percent of the excess of a 
corporation's adjusted current earnings over its alternative 
minimum taxable income computed without regard to either the 
ACE adjustment, the alternative tax net operating loss 
deduction, or the special energy deduction.

5. Estate tax freezes (sec. 1702(f) of the bill, sec. 11602 of the 1990 
        Act, and secs. 2701-2704 of the Code)

                              Present Law

Generally

    The value of property transferred by gift or includible in 
the decedent's gross estate is its fair market value. Fair 
market value generally is the price at which the property would 
change hands between a willing buyer and willing seller, 
neither being under any compulsion to buy or sell and both 
having reasonable knowledge of relevant facts (Treas. Reg. sec. 
20.2031). Chapter 14 contains rules that supersede the willing 
buyer, willing seller standard (Code secs. 2701-2704).

Preferred interests in corporations and partnerships

            Valuation of retained interests
    Scope.--Section 2701 provides special rules for valuing 
certain rights retained in conjunction with the transfer to a 
family member of an interest in a corporation or partnership. 
These rules apply to any applicable retained interest held by 
the transferor or an applicable family member immediately after 
the transfer of an interest in such entity. An ``applicable 
family member'' is, with respect to any transferor, the 
transferor's spouse, ancestors of the transferor and the 
spouse, and spouses of such ancestors.
    An applicable retained interest is an interest with respect 
to which there is one of two types of rights (``affected 
rights''). The first type of affected right is a liquidation, 
put, call, or conversion right, generally defined as any 
liquidation, put, call, or conversion right, or similar right, 
the exercise or nonexercise of which affects the value of the 
transferred interest. The second type of affected right is a 
distribution right 27 in an entity in which the transferor 
and applicable family members hold control immediately before 
the transfer. In determining control, an individual is treated 
as holding any interest held by the individual's brothers, 
sisters and lineal descendants. A distribution right does not 
include any right with respect to a junior equity interest.
---------------------------------------------------------------------------
    \27\ Distribution right generally is a right to a distribution from 
a corporation with respect to its stock, or from a partnership with 
respect to a partner's interest in the partnership.
---------------------------------------------------------------------------
    Valuation.--Section 2701 contains two rules for valuing 
applicable retained interests. Under the first rule, an 
affected right other than a right to qualified payments is 
valued at zero. Under the second rule, any retained interest 
that confers (1) a liquidation, put, call or conversion right 
and (2) a distribution right that consists of the right to 
receive a qualified payment is valued on the assumption that 
each right is exercised in a manner resulting in the lowest 
value for all such rights (the ``lowest value rule''). There is 
no statutory rule governing the treatment of an applicable 
retained interest that confers a right to receive a qualified 
payment, but with respect to which there is no liquidation, 
put, call or conversion right.
    A qualified payment is a dividend payable on a periodic 
basis and at a fixed rate under cumulative preferred stock (or 
a comparable payment under a partnership agreement). A 
transferor or applicable family member may elect not to treat 
such a dividend (or comparable payment) as a qualified payment. 
A transferor or applicable family member also may elect to 
treat any other distribution right as a qualified payment to be 
paid in the amounts and at the times specified in the election.
    Inclusion in transfer tax base.--Failure to make a 
qualified payment valued under the lowest value rule within 
four years of its due date generally results in an inclusion in 
the transfer tax base equal to the difference between the 
compounded value of the scheduled payments over the compounded 
value of the payments actually made. The Treasury Department 
has regulatory authority to make subsequent transfer tax 
adjustments in the transfer of an applicable retained interest 
to reflect the increase in a prior taxable gift by reason of 
section 2701.
    Generally, this inclusion occurs if the holder transfers by 
sale or gift the applicable retained interest during life or at 
death. In addition, the taxpayer may, by election, treat the 
payment of the qualified payment as giving rise to an inclusion 
with respect to prior periods.
    The inclusion continues to apply if the applicable retained 
interest is transferred to an applicable family member. There 
is no inclusion on a transfer of an applicable retained 
interest to a spouse for consideration or in a transaction 
qualifying for the marital deduction, but subsequent transfers 
by the spouse are subject to the inclusion. Other transfers to 
applicable family members result in an immediate inclusion as 
well as subjecting the transferee to subsequent inclusions.
            Minimum value of residual interest
    Section 2701 also establishes a minimum value for a junior 
equity interest in a corporation or partnership. For 
partnerships, a junior equity interest is an interest under 
which the rights to income and capital are junior to the rights 
of all other classes of equity interests.

Trusts and term interests in property

    The value of a transfer in trust is the value of the entire 
property less the value of rights in the property retained by 
the grantor. Section 2702 provides that in determining the 
extent to which a transfer of an interest in trust to a member 
of the transferor's family is a gift, the value of an interest 
retained by the transferor or an applicable family member is 
zero unless such interest takes certain prescribed forms.
    For a transfer with respect to a specified portion of 
property, section 2702 applies only to such portion. The 
section does not apply to the extent that the transfer is 
incomplete.

Options and buy-sell agreements

    A restriction upon the sale or transfer of property may 
reduce its fair market value. Treasury regulations provide that 
a restriction is to be disregarded unless the agreement 
represents a bona fide business arrangement and not a device to 
pass the decedent's shares to the natural objects of his bounty 
for less than full and adequate consideration (Treas. Reg. sec. 
20.2031-2(h)).
    Section 2703 provides, that for transfer tax purposes, the 
value of property is determined without regard to any option, 
agreement or other right to acquire or use the property at less 
than fair market value or any restriction on the right to sell 
or use such property. Certain options are excepted from this 
rule. To fall within the exception, the option, agreement, 
right or restriction must (1) be a bona fide business 
arrangement, (2) not be a device to transfer such property to 
members of the decedent's family for less than full and 
adequate consideration in money or money's worth, and (3) have 
terms comparable to similar arrangements entered into by 
persons in an arm's length transaction.

                        Explanation of Provision

Preferred interests in corporations and partnerships

            Valuation
    The bill provides that an applicable retained interest 
conferring a distribution right to qualified payments with 
respect to which there is no liquidation, put, call, or 
conversion right is valued without regard to section 2701. The 
bill also provides that the retention of such right gives rise 
to potential inclusion in the transfer tax base. In making 
these changes, it is understood that Treasury regulations could 
provide, in appropriate circumstances, that a right to receive 
amounts on liquidation of the corporation or partnership 
constitutes a liquidation right within the meaning of section 
2701 if the transferor, alone or with others, holds the right 
to cause liquidation.
    The bill modifies the definition of junior equity interest 
by granting regulatory authority to treat a partnership 
interest with rights that are junior with respect to either 
income or capital as a junior equity interest. The bill also 
modifies the definition of distribution right by replacing the 
junior equity interest exception with an exception for a right 
under an interest that is junior to the rights of the 
transferred interest. As a result, section 2701 does not affect 
the valuation of a transferred interest that is senior to the 
retained interest, even if the retained interest is not a 
junior equity interest.
    The bill modifies the rules for electing into or out of 
qualified payment treatment. A dividend payable on a periodic 
basis and at a fixed rate under a cumulative preferred stock 
held by the transferor is treated as a qualified payment unless 
the transferor elects otherwise. If held by an applicable 
family member, such stock is not treated as a qualified payment 
unless the holder so elects. 28 In addition, a transferor 
or applicable family member holding any other distribution 
right may treat such right as a qualified payment to be paid in 
the amounts and at the times specified in the election.
---------------------------------------------------------------------------
    \28\ With respect to gifts made prior to the date of enactment, the 
provision provides that this election may be made by the due date 
(including extensions) of the transferor's gift tax return due for the 
first calendar year after the date of enactment.
---------------------------------------------------------------------------
            Inclusion in transfer tax base
    The bill grants the Treasury Department regulatory 
authority to make subsequent transfer tax adjustments to 
reflect the inclusion of unpaid amounts with respect to a 
qualified payment. This authority, for example, would permit 
the Treasury Department to eliminate the double taxation that 
might occur if, with respect to a transfer, both the inclusion 
and the value of qualified payment arrearages were included in 
the transfer tax base. It also would permit elimination of the 
double taxation that might result from a transfer to a spouse, 
who, under the statute, is both an applicable family member and 
a member of the transferor's family.
    The bill treats a transfer to a spouse falling under the 
annual exclusion the same as a transfer qualifying for the 
marital deduction. Thus, no inclusion would occur upon the 
transfer of an applicable retained interest to a spouse, but 
subsequent transfers by the spouse would be subject to 
inclusion. The bill also clarifies that the inclusion continues 
to apply if an applicable family member transfers a right to 
qualified payments to the transferor.
    The provision clarifies the consequences of electing to 
treat a distribution as giving rise to an inclusion. Under the 
bill, the election gives rise to an inclusion only with respect 
to the payment for which the election is made. The inclusion 
with respect to other payments is unaffected.

Trust and term interests in property

    The bill conforms section 2702 to existing regulatory 
terminology by substituting the term ``incomplete gift'' for 
``incomplete transfer.'' In addition, the bill limits the 
exception for incomplete gifts to instances in which the entire 
gift is incomplete. The Treasury Department is granted 
regulatory authority, however, to create additional exceptions 
not inconsistent with the purposes of the section. This 
authority, for example, could be used to except a charitable 
remainder trust that meets the requirements of section 664 and 
that does not otherwise create an opportunity for transferring 
property to a family member free of transfer tax.

6. Miscellaneous provisions

            a. Conforming amendments to the repeal of the General 
                    Utilities doctrine (secs. 1702(g)(1) and (2) of the 
                    bill, sec. 11702(e)(2) of the 1990 Act, and secs. 
                    897(f) and 1248 of the Code)

                              Present Law

    As a result of changes made by recent tax legislation, gain 
is generally recognized on the distribution of appreciated 
property by a corporation to its shareholders. The Technical 
Corrections subtitle of the 1990 Act and technical correction 
provisions in prior acts made various conforming amendments 
arising out of these changes. For example, the 1990 Act made a 
conforming change to section 355(c) to state the treatment of 
distributions in section 355 transactions in the affirmative 
rather than by reference to the provisions of section 311. In 
addition, the Technical and Miscellaneous Revenue Act of 1988 
(``1988 Act'') made a conforming change to section 1248(f) to 
update the references to the nonrecognition provisions 
contained in that subsection. One of the changes was to change 
the reference to ``section 311(a)'' from ``section 311''.

                        Explanation of Provision

    The bill makes three conforming changes to the Code with 
respect to the repeal of the General Utilities doctrine.
    First, section 1248(f) is amended to add a reference to 
section 355(c)(1), which provides generally for the 
nonrecognition of gain or loss on the distribution of stock or 
securities in certain subsidiary corporations. This retains the 
substance of the law as it existed before the conforming change 
to section 355(c) made by the 1990 Act. This provision is not 
intended to affect the authority of the Secretary of the 
Treasury to issue regulations under section 1248(f) providing 
exceptions to the rule recognizing gain in certain 
distributions (cf. Notice 87-64, 1987-2 C.B. 375).
    Second, section 1248 is amended to clarify that, 
notwithstanding the conforming changes made by the 1988 Act, 
with respect to any transaction in which a U.S. person is 
treated as realizing gain from the sale or exchange of stock of 
a controlled foreign corporation, the U.S. person shall be 
treated as having sold or exchanged the stock for purposes of 
applying section 1248. Thus, if a U.S. person distributes 
appreciated stock of a controlled foreign corporation to its 
shareholders in a transaction in which gain is recognized under 
section 311(b), section 1248 shall be applied as if the stock 
had been sold or exchanged at its fair market value. Under 
section 1248(a), part or all of the gain may be treated as a 
dividend. Under the bill, the rule treating the distribution 
for purposes of section 1248 as a sale or exchange also applies 
where the U.S. person is deemed to distribute the stock under 
the provisions of section 1248(i). Under section 1248(i), gain 
will be recognized only to the extent of the amount treated as 
a dividend under section 1248.
    Third, section 897(f), relating to the basis in a United 
States real property interest distributed to a foreign person, 
is repealed as deadwood. The basis of the distributed property 
is its fair market value in accordance with section 301(d).
            b. Prohibited transaction rules (sec. 1702(g)(3) of the 
                    bill, sec. 11701(m) of the 1990 Act, and sec. 4975 
                    of the Code)

                              Present Law

    The Code and title I of the Employee Retirement Income 
Security Act of 1974 (ERISA) prohibit certain transactions 
between an employee benefit plan and certain persons related to 
such plan. An exemption to the prohibited transaction rules of 
title I of ERISA is provided in the case of sales of employer 
securities the plan is required to dispose of under the Pension 
Protection Act of 1987 (ERISA sec. 408(b)(12)). The 1990 Act 
amended the Code to provide that certain transactions that are 
exempt from the prohibited transaction rules of ERISA are 
automatically exempt from the prohibited transaction rules of 
the Code. The 1990 Act change was intended to be limited to 
transactions exempt under section 408(b)(12) of ERISA.

                        Explanation of Provision

    The bill conforms the statutory language to legislative 
intent by providing that transactions that are exempt from the 
prohibited transaction rules of ERISA by reason of ERISA 
section 408(b)(12) are also exempt from the prohibited 
transaction rules of the Code.
            c. Effective date of LIFO adjustment for purposes of 
                    computing adjusted current earnings (sec. 
                    1702(g)(4) of the bill, sec. 11701 of the 1990 Act, 
                    sec. 7611(b) of the 1989 Act, and sec. 56(g) of the 
                    Code)

                              Present Law

    For purposes of computing the adjusted current earnings 
(ACE) component of the corporate alternative minimum tax, 
taxpayers are required to make the LIFO inventory adjustments 
provided in section 312(n)(4) of the Code. Section 312(n)(4) 
generally is applicable for purposes of computing earnings and 
profits in taxable years beginning after September 30, 1984. 
The ACE adjustment generally is applicable to taxable years 
beginning after December 31, 1989.

                        Explanation of Provision

    The bill clarifies that the LIFO inventory adjustment 
required for ACE purposes shall be computed by applying the 
rules of section 312(n)(4) only with respect to taxable years 
beginning after December 31, 1989. The effective date 
applicable to the determination of earnings and profits 
(September 30, 1984) is inapplicable for purposes of the ACE 
LIFO inventory adjustment. Thus, the ACE LIFO adjustment shall 
be computed with reference to increases (and decreases, to the 
extent provided in Treasury regulations) in the ACE LIFO 
reserve in taxable years beginning after December 31, 1989.
            d. Low-income housing tax credit (sec. 1702(g)(5) of the 
                    bill, sec. 11701(a)(11) of the 1990 Act, and sec. 
                    42 of the Code)

                              Present Law

    The amendments to the low-income housing tax credit 
contained in the Omnibus Budget Reconciliation Act of 1989 
(``1989 Act'') generally were effective for buildings placed in 
service after December 31, 1989, to the extent the buildings 
were financed by tax-exempt bonds (``bond-financed 
buildings''). This rule applied regardless of when the bonds 
were issued.
    A technical correction enacted in the Revenue 
Reconciliation Act of 1990 (``1990 Act'') limited this 
effective date to buildings financed with bonds issued after 
December 31, 1989. Thus, the technical correction applied pre-
1989 Act law to bond-financed buildings placed in service after 
December 31, 1989, if the bonds were issued before January 1, 
1990.

                        Explanation of Provision

    The bill repeals the 1990 technical correction. The bill 
provides, however, that pre-1989 Act law will apply to a bond-
financed building if the owner of the building establishes to 
the satisfaction of the Secretary of the Treasury reasonable 
reliance upon the 1990 technical correction. In the case of 
buildings placed in service before the date of the bill's 
enactment, reasonable reliance may be established by a showing 
of compliance with the law as in effect for those buildings 
before enactment of the amendments made by the bill.

7. Expired or obsolete provisions (``deadwood provisions'') (secs. 
        1702(h)(1)-(18) of the bill and secs. 11801-11816 of the 1990 
        Act)

                              Present Law

    The 1990 Act repealed and amended numerous sections of the 
Code by deleting obsolete provisions (``deadwood''). These 
amendments were not intended to make substantive changes to the 
tax law.

                        Explanation of Provision

    The bill makes several amendments to restore the substance 
of prior law which was inadvertently changed by the deadwood 
provisions of the 1990 Act. These amendments include (1) a 
provision that clarifies that solar or wind property owned by a 
public utility may qualify as 5-year MACRS property (sec. 
168(e)(3)(B)(vi)) and (2) a provision restoring the prior-law 
rule providing that if any member of an affiliated group of 
corporations elects the credit under section 901 for foreign 
taxes paid or accrued, then all members of the group paying or 
accruing such taxes must elect the credit in order for any 
dividend paid by a member of the group to qualify for the 100-
percent dividends received deduction (sec. 243(b)).
    The bill also makes several nonsubstantive clerical 
amendments to conform the Code to the amendments made by the 
deadwood provisions. None of these amendments is intended to 
change the substance of pre-1990 law.

   B. Technical Corrections to the Revenue Reconciliation Act of 1993

1. Treatment of full-time students under the low-income housing credit 
        (sec. 1703(b)(1) of the bill, sec. 13142 of the 1993 Act and 
        sec. 42 of the Code)

                              Present Law

    The Revenue Reconciliation Act of 1993 (``1993 Act'') 
codified prior law rules relating to the treatment of married 
students filing joint returns. Further, it provided that a 
housing unit occupied entirely by full-time students may 
qualify for the credit if the full-time students are a single 
parent and his or her minor children and none of the tenants is 
a dependent of a third party.

                        Explanation of Provision

    The bill provides that the full-time student provision is 
effective on the date of enactment of the 1993 Act.

2. Indexation of threshold applicable to excise tax on luxury 
        automobiles (sec. 1703(c) of the bill, sec. 13161 of the 1993 
        Act, and sec. 4001(e)(1) of the Code)

                              Present Law

    The 1993 Act indexed the threshold above which the excise 
tax on luxury automobiles is to apply.

                        Explanation of Provision

    The bill corrects the application of the indexing 
adjustment so that the adjustment calculated for a given 
calendar year applies for that calendar year rather than in the 
subsequent calendar year. This conforms the indexation to that 
described in the conference report to the 1993 Act. 29 The 
intent of Congress, as reflected in the conference report, was 
that current year indexation be effective on the date of 
enactment of the 1993 Act. Under the bill, the provision would, 
however, be effective on the date of enactment, to alleviate 
the difficulties that both taxpayers and the Treasury would 
experience in administering a retroactive refund effective to 
August 10, 1993.
---------------------------------------------------------------------------
    \29\ See, H. Rept. 103-213, August 4, 1993, p. 558.
---------------------------------------------------------------------------

3. Indexation of the limitation based on modified adjusted gross income 
        for income from United States Savings bonds used to pay higher 
        education tuition and fees (sec. 1703(d) of the bill, sec. 
        13201 of the 1993 Act, and sec. 135(b)(2)(B) of the Code)

                              Present Law

    A taxpayer may exclude from gross income the proceeds from 
the redemption of qualified United States savings bonds if the 
proceeds are used to pay qualified higher education expenses 
and the taxpayer's modified adjusted gross income is equal to 
or less than $60,000 ($40,000 in the case of a single return). 
The exclusion is phased out for incomes above these thresholds. 
The $60,000 ($40,000) threshold is indexed for inflation 
occurring after 1992.

                        Explanation of Provision

    The bill corrects the indexing of the $60,000 ($40,000) 
threshold to provide that the thresholds be indexed for 
inflation after 1989, as was provided prior to the 1993 Act.

4. Reporting and notification requirements for lobbying and political 
        expenditures of tax-exempt organizations (sec. 1703(g) of the 
        bill, sec. 13222 of the 1993 Act and sec. 6033(e) of the Code)

                              Present Law

    Tax-exempt organizations which incur political expenditures 
are subject to tax under Code section 527(f). The tax is 
calculated by applying the highest corporate rate to the lesser 
of (a) the net investment income of the organization, or (b) 
the amount of political expenditures incurred by the 
organization during the taxable year. Expenditures covered by 
Code section 527(f) are those expended for ``influencing or 
attempting to influence the selection, nomination, election, or 
appointment of any individual to any Federal, State, or local 
public office or office in a political organization, or the 
election of Presidential or Vice-Presidential electors, whether 
of not such individual or electors are selected, nominated, 
elected, or appointed.''
    Code section 162(e), as amended by the 1993 Act, provides a 
separate set of rules regarding the tax treatment of lobbying 
and political expenditures. Political expenditures include 
amounts paid or incurred in connection with ``participation in, 
or intervention in, any political campaign on behalf of (or in 
opposition to) any candidate for public office.'' Taxpayers may 
not deduct the portion of dues or similar amounts paid to a 
tax-exempt organization which the organization notifies the 
taxpayer are allocable to lobbying or political expenditures.
    Code section 6033(e) sets forth reporting and notification 
requirements applicable to tax-exempt organizations (other than 
charities) that incur lobbying or political expenditures within 
the meaning of Code section 162(e). First, the organization 
must report on its annual tax return both the total amount of 
its lobbying and political expenditures, and the total amount 
of dues (or similar payments) allocable to such expenditures. 
Second, the organization must either provide notice to its 
members of the portion of dues allocable to lobbying and 
political expenditures (so that such amounts are not deductible 
by members), or may elect to pay a proxy tax (at the highest 
corporate rate) on its lobbying and political expenditures, up 
to the amount of dues receipts.

                        Explanation of Provision

    The bill amends Code section 6033(e) to clarify that any 
political expenditures on which tax is paid pursuant to Code 
section 527(f) are not subject to the reporting and 
notification requirements of Code section 6033(e). In addition, 
the bill clarifies that the reporting and notification 
requirements of Code section 6033(e) apply to organizations 
exempt from tax under Code section 501(a), other than charities 
described in section 501(c)(3).

5. Estimated tax rules for certain tax-exempt organizations (sec. 
        1703(h) of the bill, sec. 13225 of the 1993 Act and sec. 
        6655(g)(3) of the Code)

                              Present Law

    A tax-exempt organization is generally subject to an 
addition to tax for any underpayment of estimated tax on its 
unrelated business taxable income or its net investment income 
(as the case may be). Under the 1993 Act, for years beginning 
after December 31, 1993, a corporation or tax-exempt 
organization does not have an underpayment of estimated tax if 
it makes four timely estimated tax payments that total at least 
100 percent of the tax liability shown on its return for the 
current taxable year. A corporation or tax-exempt organization 
may estimate its current year tax liability prior to year-end 
by annualizing its income. The 1993 Act also changed the method 
by which a corporation annualizes its current year tax 
liability.

                        Explanation of Provision

    The bill clarifies that the 1993 Act did not change the 
method by which a tax-exempt organization annualizes its 
current year tax liability.

6. Current taxation of certain earnings of controlled foreign 
        corporations--application of foreign tax credit limitation 
        (sec. 1703(i)(1) of the bill, sec. 13231(b) of the 1993 Act, 
        and sec. 904(d) of the Code)

                              Present Law

    Present law requires U.S. shareholders of a controlled 
foreign corporation to include in income the corporation's 
subpart F income, certain earnings invested in U.S. property, 
and, as modified by the 1993 Act, certain earnings invested in 
excess passive assets. A U.S. shareholder's tax liability 
attributable to the inclusion may be offset by foreign tax 
credits for certain foreign taxes paid or deemed paid by the 
shareholder.
    The foreign tax credit limitation applies separately to 
several categories of income. The separate limitations apply to 
a dividend from a controlled foreign corporation to a U.S. 
shareholder of that controlled foreign corporation by reference 
to the character of the earnings and profits of the 
distributing corporation.
    An inclusion of a controlled foreign corporation's earnings 
invested in U.S. property is treated like a dividend for 
purposes of the foreign tax credit limitation. Although the 
1993 Act provided that inclusions of earnings invested in 
excess passive assets generally are determined in the same 
manner as inclusions of earnings invested in U.S. property, the 
1993 Act did not specify how the separate limitations of the 
foreign tax credit should apply to inclusions of earnings 
invested in excess passive assets.
    Some have argued that the separate limitations of the 
foreign tax credit do not apply to an inclusion of a controlled 
foreign corporation's earnings invested in excess passive 
assets; rather, that such an inclusion is allocated entirely to 
the general foreign tax credit limitation, without regard to 
the character of the underlying earnings and profits of the 
controlled foreign corporation.

                        Explanation of Provision

    The bill clarifies that a U.S. shareholder's inclusion of a 
controlled foreign corporation's earnings invested in excess 
passive assets is treated like a dividend for purposes of the 
foreign tax credit limitation. Thus, the inclusion is 
characterized by reference to the underlying earnings and 
profits of the controlled foreign corporation. This treatment 
is consistent with present law's application of the separate 
limitations of the foreign tax credit to other amounts included 
in income with respect to a controlled foreign corporation.

7. Current taxation of certain earnings of controlled foreign 
        corporations--measurement of accumulated earnings (sec. 
        1703(i)(2) of the bill, sec. 13231(b) of the 1993 Act, and sec. 
        956A(b) of the Code)

                              Present Law

    Present law, as modified by the 1993 Act, limits the 
availability of deferral of U.S. tax on certain earnings of 
controlled foreign corporations by requiring U.S. shareholders 
of a controlled foreign corporation to include in income the 
corporation's accumulated 30 or current earnings invested 
in excess passive assets. Some have argued that the Code's 
definition of earnings subject to this treatment permits an 
accumulated deficit in earnings to eliminate positive current 
earnings, resulting in no income inclusion in a case where an 
actual distribution would be treated as a dividend out of 
current earnings. In addition, some have argued that the Code's 
definition of earnings subject to this treatment takes current-
year earnings into account more than once.
---------------------------------------------------------------------------
    \30\ Accumulated earnings and profits are taken into account only 
to the extent that they were accumulated in taxable years beginning 
after September 30, 1993.
---------------------------------------------------------------------------

                        Explanation of Provision

    The bill clarifies that the accumulated earnings and 
profits of a controlled foreign corporation taken into account 
for purposes of determining the foreign corporation's earnings 
invested in excess passive assets do not include any deficit in 
accumulated earnings and profits, 31 and do not include 
current earnings (which are taken into account separately).
---------------------------------------------------------------------------
    \31\ Incurred in taxable years beginning after September 30, 1993.
---------------------------------------------------------------------------

8. Current taxation of certain earnings of controlled foreign 
        corporations--aggregation and look-through rules (sec. 
        1703(i)(3) of the bill, sec. 13231(b) of the 1993 Act, and sec. 
        956A(f) of the Code)

                              Present Law

    Present law, as modified by the 1993 Act, provides certain 
aggregation and look-through rules in connection with requiring 
U.S. shareholders of a controlled foreign corporation to 
include in income certain of the corporation's earnings 
invested in excess passive assets. Under the aggregation rule, 
certain groups of controlled foreign corporations that are 
linked by stock ownership of more than 50 percent (CFC groups) 
are treated as a single corporation for purposes of determining 
their earnings invested in excess passive assets. Look-through 
treatment applies to certain corporations whose stock is owned 
at least 25 percent by a controlled foreign corporation. Some 
have argued that these rules permit the assets of one foreign 
corporation to be taken into account more than once through a 
combination of CFC group treatment and look-through treatment. 
In addition, some have argued that these rules permit the 
assets of one foreign corporation to be taken into account more 
than once through membership of the foreign corporation in more 
than one CFC group.

                        Explanation of Provision

    The bill clarifies that, within the regulatory authority 
provided to the Secretary of the Treasury under the 1993 Act, 
regulations are specifically authorized to coordinate the CFC 
group treatment and look-through treatment applicable for 
purposes of determining a foreign corporation's earnings 
invested in excess passive assets. Pending the promulgation of 
guidance by the Secretary, it is intended that taxpayers be 
permitted to coordinate such treatment using any reasonable 
method for taking assets into account only once, so long as the 
method is consistently applied to all controlled foreign 
corporations (whether or not members of any CFC group) in all 
taxable years.

9. Treatment of certain leased assets for PFIC purposes (sec. 
        1703(i)(5) of the bill, sec. 13231(d)(4) of the 1993 Act, and 
        sec. 1297(d) of the Code)

                              Present Law

    Under present law, as modified by the 1993 Act, certain 
property leased by a foreign corporation may be treated as an 
asset actually owned by the foreign corporation in measuring 
the assets of the foreign corporation for purposes of the 
passive foreign investment company (``PFIC'') asset test of 
section 1296(a)(2). The 1993 Act provided a special measurement 
rule, under which the adjusted basis of the leased asset for 
this purpose is determined by reference to the unamortized 
portion of the present value of the payments under the lease 
for the use of the property. Some have argued, however, that 
the special measurement rule does not apply to PFICs that are 
permitted to measure their assets by fair market value, rather 
than by adjusted basis. Under this argument, the entire fair 
market value of the leased asset might be treated as owned by 
the foreign corporation.

                        Explanation of Provision

    The bill clarifies that, in the case of any item of 
property leased by a foreign corporation and treated as an 
asset actually owned by the foreign corporation in measuring 
the assets of the foreign corporation for purposes of the PFIC 
asset test, the amount taken into account with respect to the 
leased property is the amount determined under the 1993 Act's 
special measurement rule, which is based on the unamortized 
portion of the present value of the payments under the lease 
for the use of the property. That is, the provision clarifies 
that the special measurement rule of the 1993 Act applies to 
all PFICs, regardless of whether they are generally permitted 
to measure their assets by fair market value rather than 
adjusted basis.

10. Amortization of goodwill and certain other intangibles (sec. 
        1703(k) of the bill, sec. 13261(g) of the 1993 Act, and sec. 
        197 of the Code)

                              Present Law

    The 1993 Act allows amortization deductions to certain 
intangible assets acquired after the 1993 Act's effective date 
that were not amortizable under prior law. The 1993 Act 
contains ``antichurning'' rules that deny amortization to 
intangible assets that were not amortizable under prior law if 
such assets are acquired by the taxpayer after the effective 
date from certain related parties.
    The 1993 Act also contains an election under which a 
taxpayer and certain related parties may elect to treat all 
acquisitions after July 25, 1991 as subject to the provisions 
of the 1993 Act.

                        Explanation of Provision

    The bill clarifies that when a taxpayer and its related 
parties have made an election to apply the 1993 Act to all 
acquisitions after July 25, 1991, the antichurning rules will 
not apply when property acquired from an unrelated party after 
July 25, 1991 (and not subject to the antichurning rules in the 
hands of the acquirer) is transferred to a taxpayer related to 
the acquirer after the date of enactment of the 1993 Act.

11. Empowerment zones and eligibility of small farms for tax incentives 
        (sec. 1703(l) of the bill, sec. 13301 of the 1993 Act, and sec. 
        1397B(d)(5)(B) of the Code)

                              Present Law

    Pursuant to the 1993 Act, on December 21, 1994, six 
empowerment zones and 65 enterprise communities were designated 
in eligible urban areas, and three empowerment zones and 30 
enterprise communities were designated in rural areas. Special 
tax incentives (i.e., a wage credit, additional section 179 
expensing, and expanded tax-exempt financing) are available for 
certain business activities conducted in urban and rural 
empowerment zones. Expanded tax-exempt financing benefits are 
available for certain facilities located in urban and rural 
enterprise communities.
    The empowerment zone wage credit is not available with 
respect to any individual employed by a trade or business the 
principal activity of which is farming (within the meaning of 
subparagraphs (A) and (B) of section 2032A(e)(5)) if, as of the 
close of the current taxable year, the sum of the aggregate 
unadjusted bases (or, if greater, the fair market value) of 
assets of the farm exceed $500,000 (sec. 1396(d)(2)(E)). In 
contrast, the additional section 179 expensing (available in 
empowerment zones) and expanded tax-exempt financing benefits 
(available in both empowerment zones and enterprise 
communities) are not allowed for any trade or business the 
principal activity of which is farming if, as of the close of 
the preceding taxable year, the sum of the aggregate bases (or, 
if greater, the fair market value) of the assets of the farm 
exceed $500,000 (sec. 1397B(d)(5)).

                        Explanation of Provision

    The bill provides that the $500,000 asset test for 
determining whether a farm is eligible for additional section 
179 expensing (in an empowerment zone) and expanded tax-exempt 
financing benefits (in an empowerment zone or enterprise 
community) is applied based on the assets of the farm at the 
end of the current taxable year. Thus, the $500,000 asset test 
for determining farm eligibility is based on the same taxable 
period (i.e., the current taxable year) for purposes of all tax 
incentives available in empowerment zones and enterprise 
communities.

                   C. Other Tax Technical Corrections

1. Hedge bonds (sec. 1704(b) of the bill, sec. 11701 of the 1989 Act, 
        and sec. 149(g) of the Code)

                              Present Law

    The 1989 Act provided generally that interest on hedge 
bonds is not tax-exempt unless prescribed minimum percentages 
of the proceeds are reasonably expected to be spent at set 
intervals during the five-year period after issuance of the 
bonds (sec. 149(g)). A hedge bond is defined generally as a 
bond (1) at least 85 percent of the proceeds of which is not 
reasonably expected to be spent within three years following 
issuance and (2) more than 50 percent of the proceeds of which 
is invested at substantially guaranteed yields for four years 
or more.
    This restriction does not apply, however, if at least 95 
percent of the bond proceeds is invested in other tax-exempt 
bonds (not subject to the alternative minimum tax). The 95-
percent investment requirement is not violated if investment 
earnings exceeding five percent of the proceeds are temporarily 
invested for up to 30 days pending reinvestment in taxable 
(including alternative minimum taxable) investments.
    This provision is effective as if included in the Omnibus 
Budget Reconciliation Act of 1989.

                        Explanation of Provision

    The bill clarifies that the 30-day exception for temporary 
investments of investment earnings applies to amounts (i.e., 
principal and earnings thereon) temporarily invested during the 
30-day period immediately preceding redemption of the bonds as 
well as such periods preceding reinvestment of the proceeds.

2. Withholding on distributions from U.S. real property holding 
        companies (sec. 1704(c) of the bill, sec. 129 of the Deficit 
        Reduction Act of 1984, and sec. 1445 of the Code)

                              Present Law

In general

    Under the Foreign Investment in Real Property Tax Act of 
1980 (``FIRPTA''), a foreign investor that disposes of a U.S. 
real property interest generally is required to pay tax on any 
gain on the disposition. For this purpose a U.S. real property 
interest generally includes stock in a domestic corporation 
that is a U.S. real property holding corporation (``USRPHC''), 
or was a USRPHC at any time during the previous five years.
    A sale or exchange of stock in a USRPHC is an example of a 
disposition of a U.S. real property interest. In addition, 
provisions of subchapter C of the Code treat amounts received 
in certain corporate distributions as amounts received in sales 
or exchanges, giving rise to tax liability under the FIRPTA 
rules when a foreign person receives such a distribution from a 
present or former USRPHC. Thus, amounts received by a foreign 
shareholder in a USRPHC in a distribution in complete 
liquidation of the USRPHC are treated as in full payment in 
exchange for the USRPHC stock, and are therefore subject to tax 
under FIRPTA (sec. 331; Treas. Reg. sec. 1.897-5T(b)(2)(iii)). 
Similarly, amounts received by a foreign shareholder in a 
USRPHC upon redemption of the USRPHC stock are treated as a 
distribution in part or full payment in exchange for the stock, 
and are therefore subject to tax under FIRPTA (sec. 302(a); 
Treas. Reg. sec. 1.897-5T(b)(2)(ii)). Third, amounts received 
by a foreign shareholder in a USRPHC, in a section 301 
distribution from the USRPHC that exceeds the available 
earnings and profits of the USRPHC, are treated as gain from 
the sale or exchange of the shareholder's USRPHC stock to the 
extent that they exceed the shareholder's adjusted basis in the 
stock; such amounts are therefore also subject to tax under 
FIRPTA (sec. 301(c)(3); Treas. Reg. sec. 1.897-5T(b)(2)(i)).

FIRPTA withholding

    The Deficit Reduction Act of 1984 established a withholding 
system to enforce the FIRPTA tax. Unless an exception applies, 
a transferee of a U.S. real property interest from a foreign 
person generally is required to withhold the lesser of 10 
percent of the amount realized (purchase price), or the maximum 
tax liability on disposition (as determined by the IRS) (sec. 
1445). Such withholding may be reduced or eliminated pursuant 
to a withholding certificate issued by the Internal Revenue 
Service (Treas. Reg. sec. 1.1445-3).
    Although the FIRPTA withholding requirement by its terms 
generally applies to all dispositions of U.S. real property 
interests, and subchapter C treats amounts received in certain 
distributions as amounts received in sales or exchanges, the 
FIRPTA withholding provisions also provide express rules for 
withholding on certain distributions treated as sales or 
exchanges. Generally, distributions in a transaction to which 
section 302 (redemptions) or part II of subchapter C 
(liquidations) applies are subject to 10-percent withholding. 
32 Although a section 301 distribution in excess of 
earnings and profits is also treated as a disposition for 
purposes of computing the FIRPTA liability of a foreign 
recipient of the distribution, there is no corresponding 
withholding provision expressly addressed to the payor of such 
a distribution.
---------------------------------------------------------------------------
    \32\ Under other rules, dividend distributions (i.e., distributions 
to which sec. 301(c)(1) applies) to foreign persons by U.S. 
corporations, including USRPHCs, are subject to 30-percent withholding 
under the Code. Under treaties, the withholding on a dividend may be 
reduced to as little as 5 or 15 percent.
---------------------------------------------------------------------------

                        Explanation of Provision

    The bill clarifies that FIRPTA withholding requirements 
apply to any section 301 distribution to a foreign person by a 
domestic corporation that is or was a USRPHC, which 
distribution is not made out of the corporation's earnings and 
profits and is therefore treated as an amount received in a 
sale or exchange of a U.S. real property interest. (The bill 
does not alter the withholding treatment of section 301 
distributions by such a corporation that are out of earnings 
and profits.) Under the bill, the FIRPTA withholding 
requirements that apply to a section 301 distribution not out 
of earnings and profits are similar to the requirements 
applicable to redemption or liquidation distributions to a 
foreign person by such a corporation. It is anticipated that 
withholding certificates will be available to taxpayers that 
expect to receive section 301 distributions not out of earnings 
and profits.
    The provision is effective for distributions made after the 
date of enactment of the bill. No inference is intended to be 
drawn from the provision as to the FIRPTA withholding 
requirements applicable to such a distribution under present 
law.

3. Treatment of credits attributable to working interests in oil and 
        gas properties (sec. 1704(d) of the bill, sec. 501 of the Tax 
        Reform Act of 1986, and sec. 469 of the Code)

                              Present Law

    Under present law, a working interest in an oil and gas 
property which does not limit the liability of the taxpayer is 
not a ``passive activity'' for purposes of the passive loss 
rules (sec. 469). However, if any loss from an activity is 
treated as not being a passive loss by reason of being from a 
working interest, any net income from the activity in 
subsequent years is not treated as income from a passive 
activity, notwithstanding that the activity may otherwise have 
become passive with respect to the taxpayer.

                        Explanation of Provision

    The bill clarifies that any credit attributable to a 
working interest in an oil and gas property, in a taxable year 
in which the activity is no longer treated as not being a 
passive activity, will not be treated as attributable to a 
passive activity to the extent of any tax allocable to the net 
income from the activity for the taxable year. Any credits from 
the activity in excess of this amount of tax will continue to 
be treated as arising from a passive activity and will be 
treated under the rules generally applicable to the passive 
activity credit. The provision applies to taxable years 
beginning after December 31, 1986.

4. Clarification of passive loss disposition rule (sec. 1704(e) of the 
        bill, sec. 501 of the Tax Reform Act of 1986, sec. 
        1005(a)(2)(A) of the Technical and Miscellaneous Revenue Act of 
        1988, and sec. 469(g)(1)(A) of the Code)

                              Present Law

    The Tax Reform Act of 1986 (``1986 Act'') provided that if 
a passive activity is disposed of in a transaction in which all 
gain or loss is recognized, any overall loss from the activity 
in the year of disposition is recognized and allowed against 
income (whether active or passive income). 33 The language 
of the 1986 Act provided that any loss was allowable, first, 
against income or gain from the passive activity, second, 
against income or gain from all passive activities, and 
finally, against any other income or gain. This rule was 
rewritten by the technical corrections portion of the Technical 
and Miscellaneous Revenue Act of 1988 (``1988 Act''). The 
statutory language (as amended by the 1988 Act) providing for 
the computation of the overall loss for the taxable year of 
disposition is not entirely clear where the activity is 
disposed of at a gain.

                        Explanation of Provision

    The bill clarifies the rule relating to the computation of 
the overall loss allowed upon the disposition of a passive 
activity. The bill provides that, in a transaction in which all 
gain or loss is recognized on the disposition of a passive 
activity, any loss from the activity for the taxable year 
(taking into account all income, gain, and loss, including gain 
or loss recognized on the disposition) in excess of any net 
income or gain from other passive activities for the taxable 
year is treated as a loss which is not from a passive activity. 
The provision applies to taxable years beginning after December 
31, 1986.

5. Estate tax unified credit allowed nonresident aliens under treaty 
        (sec. 1704(f)(1) of the bill, sec. 5032(b)(2) of the Technical 
        and Miscellaneous Revenue Act of 1988, and sec. 2102(c)(3)(A) 
        of the Code)

                              Present Law

Amount subject to tax

    For U.S. citizens and residents, the amount subject to 
Federal estate and gift tax is determined by reference to all 
property, wherever situated. For nonresident aliens, the Code 
provides that the amount subject to Federal estate and gift tax 
is determined only by reference to property situated in the 
United States.
    The United States has entered into bilateral treaties 
designed to avoid double transfer taxation. Early treaties 
typically did this by providing rules for determining situs and 
requiring that the State of domicile allow a credit for taxes 
paid to the situs country. 34 In contrast, treaties signed 
in the 1980s, and the U.S. and OECD model treaties, exempt most 
property, wherever situated, from taxation outside the State of 
domicile. 35
---------------------------------------------------------------------------
    \33\ See S. Rept. 99-313, p. 725.
    \34\ See Staff of the Joint Committee on Taxation, 98th Cong., 2d 
Sess., Explanation of Proposed Estate and Gift Tax Treaty Between the 
United States and Sweden 8 (1984).
---------------------------------------------------------------------------
    \35\ See, e.g., U.S. Treasury Model Estate and Gift Tax Treaty 
(1980), Article 7, paragraph 1: ``Transfers and deemed transfers by an 
individual domiciled in a Contracting State of property other an 
property referred to in Article 5 (Real Property) and 6 (Business 
Property of a Permanent Establishment and Assets Pertaining to a Fixed 
Base Used for the Performance of Independent Personal Services) shall 
be taxable only in that State.''

Specific exemption and unified credit

    Prior to the Tax Reform Act of 1976 (``1976 Act''), the 
Code allowed a ``specific exemption'' against the estate tax. 
The estate of a U.S. citizen or resident was allowed an 
exemption of $60,000, while the estate of a nonresident alien 
was allowed a lesser amount. A number of U.S. estate tax 
treaties ratified in the 1950s allowed a nonresident alien a 
``specific exemption'' equal to the exemption allowed a U.S. 
citizen or resident multiplied by the percentage of the gross 
estate subject to U.S. estate tax (the ``pro rata 
exemption'').\36\
---------------------------------------------------------------------------
    \36\ See Rev. Rul. 81-303, 1981-2 C.B. 255.
---------------------------------------------------------------------------
    The 1976 Act replaced the specific exemption with a unified 
credit of $47,000 for the estate of U.S. citizen or resident 
and $3,600 for the estate of a nonresident alien. After 1976, 
two courts interpreted the pro rata exemption allowed in the 
1950s treaties as applying to the unified credit, i.e., as 
allowing a unified credit no less than the unified credit 
allowed a U.S. citizen or resident multiplied by the percentage 
of the gross estate situated in the United States (and 
therefore subject to U.S. estate tax under those treaties).\37\
---------------------------------------------------------------------------
    \37\ See Mudry v. United States, 11 Cl. Ct. 207 (1986) (Swiss 
treaty); Burghardt v. Commissioner, 80 T.C. 705 (1983), affd., 734 F.2d 
3 (3d Cir. 1984) (Italian treaty).
---------------------------------------------------------------------------
    The Technical and Miscellaneous Revenue Act of 1988 (``1988 
Act'') increased the unified credit allowed an estate of a 
nonresident alien to $13,000. In so doing, the 1988 Act 
provided that, ``to the extent required by any treaty,'' the 
estate of a nonresident alien is allowed a unified credit equal 
to the unified credit allowed a U.S. citizen or resident 
multiplied by the percentage of the gross estate situated in 
the United States (Code sec. 2102(c)(3)(A)). Thus, the 1988 Act 
did not override the ``specific exemption'' language of the 
1950s treaties, as interpreted by the two courts, and could be 
interpreted as encouraging the negotiation of pro rata unified 
credits in future treaties.

                        Explanation of Provision

    The bill clarifies that in determining the pro rata unified 
credit required by treaty, property exempted by the treaty from 
U.S. estate tax is not treated as situated in the United 
States. Under this rule, a treaty granting a pro rata unified 
credit would allow a nonresident alien the unified credit 
allowed a U.S. citizen or resident multiplied by the percentage 
of the gross estate subject to U.S. estate tax, as modified by 
treaty.
    The bill is not intended to affect existing treaties that 
contain pro rata exemptions pursuant to which the assets 
reserved for situs taxation by the non-domiciliary country are 
specifically described. In the case of a treaty that contains 
pro rata exemption but does not provide rules for determining 
the situs for property (e.g., the treaty with Canada), the bill 
clarifies that property exempted by the treaty from U.S. estate 
tax is not treated as situated in the United States. For future 
treaties, it is intended that any pro rata unified credit 
negotiated not exceed the proportion of the gross worldwide 
estate subject to U.S. estate and gift tax, as modified by 
treaty.
     The provision is effective upon the date of its enactment.

6. Limitation on deduction for certain interest paid by corporation to 
        related persons (sec. 1704(f)(2)(A) of the bill, sec. 7210(a) 
        of the 1989 Act, and sec. 163(j) of the Code)

                              Present Law

    Subject to certain limitations, a taxpayer may deduct 
interest paid or accrued on indebtedness within a taxable year 
(sec. 163(a)). The 1989 Act added a so-called ``earnings 
stripping'' limitation on interest deductibility with respect 
to certain interest paid by corporations to related persons 
(sec. 163(j)). If the provision applies to a corporation for a 
taxable year, it disallows deductions for certain amounts of 
``disqualified interest'' paid or accrued by the corporation 
during that year. If in a taxable year a deduction is 
disallowed, under the provision, for an amount of interest paid 
or accrued in that year, the disallowed amount is treated under 
the earnings stripping provision as disqualified interest paid 
or accrued in the succeeding taxable year.\38\
---------------------------------------------------------------------------
    \38\ Disqualified interest is interest paid by a corporation to 
related persons that are not subject to U.S. tax on the interest 
received. (If, in accordance with a U.S. income tax treaty, interest 
income of a related person is subject to a reduced rate of U.S. tax, a 
portion of the interest paid to the related person is deemed to be 
interest on which no tax is imposed.)
---------------------------------------------------------------------------
    In order for the earnings stripping provision to apply to a 
corporation for a taxable year, two thresholds must be 
exceeded. To exceed the first threshold, the corporation must 
have ``excess interest expense'' as that term is defined in the 
Code for this purpose. To exceed the second threshold, the 
corporation must have a ratio of debt to equity as of the close 
of the taxable year in question (or on any other day prescribed 
by the Secretary in regulations) that exceeds 1.5 to 1. Excess 
interest expense is the excess (if any) of the corporation's 
net interest expense over the sum of 50 percent of the adjusted 
taxable income of the corporation plus any excess limitation 
carryforward from a prior year. Excess limitation is the excess 
(if any) of 50 percent of adjusted taxable income over net 
interest expense.

                        Explanation of Provision

    The bill provides that the debt-equity threshold does not 
apply for purposes of applying the earnings stripping provision 
to a carryover of excess interest expense from a prior taxable 
year. Thus, the bill clarifies that excess interest carried 
forward from a year in which the debt-equity ratio threshold is 
exceeded may be deducted in a subsequent year in which that 
threshold is not exceeded, but only to the extent that such 
interest would not otherwise be treated as excess interest 
expense in the carryforward year.
    For example, assume that in year 1 $20 of a corporation's 
interest expense is nondeductible due to the operation of the 
earnings stripping provision. The corporation carries forward 
the $20 of interest deduction that it could not use in year 1. 
Assume that in year 2 the corporation has a debt-equity ratio 
of 1 to 1 and $50 of current net and gross interest expense, 
all of which is disqualified interest, and that it earns $400 
of adjusted taxable income. The bill is intended to clarify 
that the $20 of interest carried forward from year 1 is 
deductible in year 2. This is because $70, the sum of the 
current net interest expense for year 2 ($50) plus the interest 
expense carried over from year 1 ($20), does not exceed one-
half of adjusted taxable income in year 2.
    As another example, assume that in year 2 the corporation 
has a debt-equity ratio of 1 to 1 and $50 of current net and 
gross interest expense, all of which is disqualified interest, 
and that it earns $80 of adjusted taxable income. The bill is 
intended to clarify that the $20 of interest carried forward 
from year 1 is not deductible in year 2. This is because the 
current net interest expense for year 2 ($50) exceeds by $10 
one-half of adjusted taxable income in year 2 ($80 divided by 
2, or $40). Therefore, treating the year 1 carryover as an 
interest expense in year 2 causes the corporation to have 
excess interest expense equal to $30. But for the debt-equity 
safe harbor, the corporation would have a $30 interest expense 
disallowance in year 2 if the carried over amount were treated 
as having been paid in year 2. Under the bill, no actual year 2 
interest can be disallowed. However, under these facts, none of 
the interest carried over from year 1 can be deducted in year 
2. Instead, the interest carried over from year 1 is carried 
forward for potential deduction (subject to the same rules that 
applied to the carryforward in year 2) in a year subsequent to 
year 2.
    As a third example, assume that in year 2 the corporation 
has a debt-equity ratio of 1 to 1 and $50 of current net and 
gross interest expense, all of which is disqualified interest, 
and that it earns $110 of adjusted taxable income. The bill is 
intended to clarify that $5 of interest carried forward from 
year 1 is deductible in year 2, and the other $15 of interest 
carried forward from year 1 is not deductible in year 2. This 
is because the current net interest expense for year 2 ($50) is 
$5 less than one-half of adjusted taxable income in year 2 
(one-half of $110, or $55). Therefore, even if the debt-equity 
safe harbor had not been met in year 2, the corporation would 
have had $5 of excess limitation in year 2 had there been no 
carryover amount from year 1. On the other hand, treating the 
year 1 carryover as an interest expense in year 2 causes the 
corporation to have excess interest expense equal to $15. This 
$15 may be carried forward to a subsequent year.
    The provision is effective as if included in the amendments 
made by section 7210(a) of the Revenue Reconciliation Act of 
1989.

7. Interaction between passive activity loss rules and earnings 
        stripping rules (secs. 1704(f)(2) (B) and (C) of the bill, sec. 
        7210(a) of the 1989 Act, and sec. 163(j) of the Code)

                              Present Law

    The passive loss rules limit deductions and credits from 
passive trade or business activities (sec. 469). Deductions 
attributable to passive activities, to the extent they exceed 
income from passive activities, generally may not be deducted 
against other income, such as wages, portfolio income, or 
business income that is not derived from a passive activity. 
Deductions and credits that are suspended are carried forward 
and treated as deductions and credits from passive activities 
in the next year. Suspended losses from a passive activity are 
allowed in full when a taxpayer disposes of his entire interest 
in the passive activity to an unrelated person. The passive 
loss rules apply to any taxpayer that is an individual, estate, 
trust, closely held C corporation, or personal service 
corporation. In determining passive activity deductions, 
Treasury regulations provide that ``an item of deduction arises 
in the taxable year in which the item would be allowable as a 
deduction under the taxpayer's method of accounting if taxable 
income for all taxable years were determined without regard to 
sections 469, 613A(d) and 1211'' (Treas. Reg. sec. 1.469-
2(d)(8)). Thus, these regulations effectively require other 
limitations to be applied before applying the passive loss 
rules.
    The at-risk rules limit deductible losses from an activity 
to the amount that the taxpayer has at risk, in the case of an 
individual or a closely-held corporation (sec. 465). The amount 
at risk is generally the sum of (1) cash contributions, (2) the 
adjusted basis of contributed property, and (3) amounts 
borrowed for use in the activity with respect to which the 
taxpayer has personal liability or has pledged as security 
property not used in the activity. The amount at risk is 
increased by income from the activity and decreased by losses 
and withdrawals.
    A taxpayer generally may deduct interest paid or accrued on 
indebtedness within a taxable year (sec. 163(a)). The Revenue 
Reconciliation Act of 1989 (the ``1989 Act'') added an 
``earnings stripping'' limitation on interest deductibility 
with respect to certain interest paid by corporations to 
related persons (sec. 163(j)). If the provision applies to a 
corporation for a taxable year, it disallows deductions for 
certain amounts of ``disqualified interest'' paid or accrued by 
the corporation during that year. Disqualified interest is 
interest paid by a corporation to related persons that are not 
subject to U.S. tax on the interest received. The disallowed 
amount is treated under the earnings stripping provision as 
disqualified interest paid or accrued in the succeeding taxable 
year. Proposed Treasury regulations would provide that 
``sections 465 and 469 shall be applied before applying section 
163(j)'' (Prop. Treas. Reg. sec. 1.163(j)-7(b)(3)).

                        Explanation of Provision

    The provision modifies section 163(j) of the Code to 
clarify that the earnings stripping rules apply before the 
passive loss rules and the at-risk rules.
    The provision is effective as if included in the 1989 Act.

8. Branch-level interest tax (sec. 1704(f)(3) of the bill, sec. 1241 of 
        the 1986 Act, and sec. 884 of the Code)

                              Present Law

    Interest paid (or treated as if paid) by a U.S. trade or 
business (i.e., a U.S. branch) of a foreign corporation is 
treated as if paid by a U.S. corporation and, hence, is U.S. 
source and subject to U.S. withholding tax of 30 percent, 
unless the tax is reduced or eliminated by a specific Code or 
treaty provision. The Treasury has regulatory authority to 
limit U.S. sourcing, and hence U.S. withholding, to the amount 
of interest reasonably expected to be deducted in arriving at 
the U.S. branch's effectively connected taxable income.
    To the extent a U.S. branch of a foreign corporation has 
allocated to it under Treasury Regulation section 1.882-5 an 
interest deduction in excess of the interest actually paid by 
the branch (this generally occurs where the indebtedness of the 
U.S. branch is disproportionately small compared to the total 
indebtedness of the foreign corporation), the excess is treated 
as if it were interest paid on a notional loan to a U.S. 
subsidiary (the U.S. branch, in actuality) from its foreign 
corporate parent (the home office). This excess is subject to 
the 30-percent tax, absent a specific Code exemption or treaty 
reduction (sec. 884(f)(1)(B)).
    These branch-level interest taxes, along with the branch 
profits tax, were intended to reflect the view that a foreign 
corporation doing business in the United States generally 
should be subject to the same substantive tax rules that apply 
to a foreign corporation operating in the United States through 
a U.S. subsidiary. 39 Where a U.S. corporation pays 
interest to its foreign corporate parent, that interest, like 
the interest deducted by a U.S. branch of a foreign 
corporation, is also generally subject to a 30-percent U.S. 
withholding tax unless the tax is reduced by treaty. In the 
case of a U.S. subsidiary of a foreign parent corporation, the 
withholding tax applies without regard to whether the interest 
payment is currently deductible by the U.S. subsidiary. For 
example, deductions for interest may be delayed or denied under 
section 163, 263, 263A, 266, 267, or 469, but it is still 
subject (or not subject) to withholding when paid without 
regard to the operation of those provisions.
---------------------------------------------------------------------------
    \39\ Staff of the Joint Committee on Taxation, 100th Cong., 1st 
Sess. General Explanation of the Tax Reform Act of 1986, at 1036 
(1987).
---------------------------------------------------------------------------

                        Explanation of Provision

    The bill provides that the branch level interest tax on 
interest not actually paid by the branch applies to any 
interest which is allocable to income which is effectively 
connected with the conduct of a trade or business in the United 
States. Similarly, in the case of interest paid by the U.S. 
branch, the bill provides regulatory authority to limit U.S. 
sourcing, and hence U.S. withholding, to the amount of interest 
reasonably expected to be allocable to income which is 
effectively connected with the conduct of a trade or business 
in the United States. Thus, where an interest expense of a 
foreign corporation is allocable to U.S. effectively connected 
income, but that interest expense would not have been fully 
deductible for tax purposes under another Code provision had it 
been paid by a U.S. corporation, the bill clarifies that such 
interest is nonetheless treated for branch level interest tax 
purposes like a payment by a U.S. corporation to a foreign 
corporate parent. Similarly, with regard to the Treasury's 
regulatory authority to treat an interest payment by a foreign 
corporation's U.S. branch as though not paid by a U.S. person 
for source and withholding purposes, the bill clarifies that 
the authority extends to interest payments in excess of those 
reasonably expected to be allocable to U.S. effectively 
connected income of the foreign corporation.
    These provisions are effective as if they were made by the 
Tax Reform Act of 1986.

9. Determination of source in case of sales of inventory property (sec. 
        1704(f)(4) of the bill, sec. 211 of the 1986 Act, and sec. 
        865(b) of the Code)

                              Present Law

    Prior to the 1986 Act, the source of income derived from 
the sale of personal property generally was determined by the 
place of sale (commonly referred to as the ``title passage'' 
rule) (see, e.g., Treas. Reg. sec. 1.861-7, T.D. 6258, 1957-2 
C.B. 368). While the 1986 Act generally replaced the place-of-
sale rule for sales of personal property with a residence-of-
the-seller rule (sec. 865(a)), the Act did not change the 
place-of-sale rule for most sales of inventory property (sec. 
865(b)).
    Before and after the 1986 Act, statutory rules for sourcing 
income from inventory sales have included those covering income 
from (1) purchasing inventory property outside the United 
States (other than within a U.S. possession) and selling it in 
the United States (sec. 861(a)(6)); (2) purchasing inventory 
property in the United States and selling it outside the United 
States (sec. 862(a)(6)); (3) selling outside the United States 
inventory property which has been produced by the taxpayer in 
the United States (or selling in the United States inventory 
property which has been produced by the taxpayer outside the 
United States) (sec. 863(b)(2)); and (4) purchasing inventory 
property in a U.S. possession and selling it in the United 
States (sec. 863(b)(3)). Prior to the 1986 Act, these 
provisions were not limited in application to income from sales 
of inventory property, but rather covered sales of personal 
property generally.
    In addition to statutory rules for sourcing items of income 
from transactions involving inventory property specified in the 
Code, such as those listed above, the Code both before and 
after the 1986 Act has contained other sourcing rules that do 
not make specific reference to property sales, and includes 
general regulatory authority to allocate and apportion between 
U.S. and foreign sources items of gross income, expenses, 
losses, and deductions other than those specified in sections 
861(a) and 862(a) (sec. 863(a)). In carving income from the 
sale inventory property out of the general residence-of-the-
seller rule of section 865, section 865(b) makes reference to 
the above statutory rules making specific reference to 
inventory property, but not to the general grant of regulatory 
authority in section 863(a).

                        Explanation of Provision

    The bill modifies the general provision relating to the 
sourcing of income from the sale of personal property (sec. 
865) so that the cross-reference to sourcing rules applicable 
to inventory property includes a reference to all of section 
863, rather than simply to section 863(b). The bill thus 
clarifies that, to the extent that the Secretary of the 
Treasury had general regulatory authority to provide rules for 
the sourcing of income from the sales of personal property 
prior to the 1986 Act, the Secretary of the Treasury retains 
that authority under present law with respect to inventory 
property.
    The bill is not intended to increase the Treasury 
Secretary's regulatory authority under section 863(a) beyond 
the authority that he had under the law in effect prior to the 
enactment of the 1986 Act. It is intended that no inference be 
drawn from this provision either as to the correctness of, or 
as to the post-1986 Act implications of, any judicial decision 
interpreting the scope of that pre-1986 Act authority.
    The provision is effective as if it were included in the 
Tax Reform Act of 1986.

10. Repeal of obsolete provisions (sec. 1704(f)(5) of the bill, sec. 
        10202 of the Revenue Act of 1987, and secs. 6038(a)(1)(F) and 
        6038A(b)(4) of the Code)

                              Present Law

    A U.S. person who controls a foreign corporation must 
report certain information related to that foreign corporation 
as may be required by the Treasury Secretary (sec. 6038). 
Information reporting is also required with respect to certain 
foreign-owned domestic corporations (sec. 6038A). Included 
under each of these information reporting provisions is a 
requirement to report such information as the Treasury 
Secretary may require for purposes of carrying out the 
provisions of section 453C. Section 453C, relating to certain 
indebtedness treated as payment on installment obligations (the 
so-called ``proportional disallowance rule''), was repealed in 
the Revenue Act of 1987.

                        Explanation of Provision

    The bill repeals as obsolete the information reporting 
requirements of sections 6038 and 6038A relating to section 
453C. The provision is effective upon the date of its 
enactment.

11. Clarification of a certain stadium bond transition rule in Tax 
        Reform Act of 1986 (sec. 1704(g) of the bill and sec. 
        1317(3)(A) of the Tax Reform Act of 1986)

                              Present Law

    The Tax Reform Act of 1986 included a transition rule 
authorizing tax-exempt bonds not exceeding $200 million to be 
issued by or on behalf of the City of Cleveland, Ohio, to 
finance a stadium. The bonds were required to be issued before 
January 1, 1991 (and were so issued). As enacted, the rule 
required Cleveland to retain a residual interest in the stadium 
following planned private business use.

                        Explanation of Provision

    The bill permits the residual interest in the stadium 
currently held by the City of Cleveland to be assigned to 
Cuyahoga County, Ohio (the county in which both Cleveland and 
the stadium are located) because of a change in Ohio State law 
prior to issuance of the bonds. The bill does not extend the 
time for issuing the bonds or otherwise affect the amount of 
bonds or the location or design of the stadium.
    This provision is effective as if included in the Tax 
Reform Act of 1986.

12. Health care continuation rules (sec. 1704(h) of the bill, sec. 
        7862(c)(5) of the 1989 Act, sec. 4980B(f)(2)(B)(i) of the Code, 
        sec. 602(2)(A) of ERISA, and sec. 2202(2)(A) of the Public 
        Health Service Act)

                              Present Law

    The Revenue Reconciliation Act of 1989 (``1989 Act'') 
amended the health care continuation rules to provide that if a 
covered employee is entitled to Medicare and within 18 months 
of such entitlement separates from service or has a reduction 
in hours, the duration of continuation coverage for the spouse 
and dependents is 36 months from the date the covered employee 
became entitled to Medicare. One possible interpretation of the 
statutory language, however, would permit continuation coverage 
for up to 54 months. This extension of the coverage period was 
not intended.

                        Explanation of Provision

    The bill amends the Code (sec. 4980B), title I of the 
Employee Retirement Income Security Act (sec. 602), and the 
Public Health Service Act (sec. 2202(2)(A)) to limit the 
continuation coverage in such cases to no more than 36 months. 
The provision is effective for plan years beginning after 
December 31, 1989.

13. Taxation of excess inclusions of a residual interest in a REMIC for 
        taxpayers subject to alternative minimum tax with net operating 
        losses (sec. 1704(i) of the bill and sec. 860E(a)(6) of the 
        Code)

                              Present Law

Residual interests in a REMIC

    A real estate mortgage investment conduit (``REMIC'') is an 
entity that holds real estate mortgages. All interests in a 
REMIC must be ``regular interests'' or ``residual interests.'' 
A regular interest is an interest the terms of which are fixed 
on the start-up day, which unconditionally entitles the holder 
to receive a specified principal amount, and which provides 
that interest amounts are payable based on a fixed rate (or a 
variable rate to the extent provided in the Treasury 
regulations). A residual interest is any interest that is so 
designated and that is not a regular interest in a REMIC.
    Generally, the holder of a residual interest in a REMIC 
takes into account his daily portion of the taxable income or 
net loss of such REMIC for each day during which he held such 
interest. The taxable income of any holder of a residual 
interest in a REMIC for any taxable year cannot be less than 
the excess inclusion for the year (sec. 860E). Thus, in 
general, income from excess inclusions cannot be offset by a 
net operating loss (or net operating loss carryover) in 
computing the taxpayer's regular tax.

Alternative minimum tax

    Taxpayers are subject to an alternative minimum tax which 
is payable, in addition to all other tax liabilities, to the 
extent it exceeds the taxpayer's regular tax. The tax is 
imposed at rates of 26 and 28 percent (20 percent in the case 
of a corporation) on alternative minimum taxable income in 
excess of an exemption amount. Alternative minimum taxable 
income generally is the taxpayer's taxable income, as increased 
or decreased by certain adjustments and preferences. A taxpayer 
may offset no more than ninety percent of its alternative 
minimum taxable income with its alternative tax net operating 
loss carryover.
    Because the determination of a taxpayer's alternative 
minimum taxable income begins with taxable income, a holder of 
a residual interest in a REMIC may have positive alternative 
minimum taxable income even where the taxpayer has a net 
operating loss for the year.

                        Explanation of Provision

    The bill provides that three rules for determining the 
alternative minimum taxable income of a taxpayer that is not a 
thrift institution that holds residual interests in a REMIC.
    First, the alternative minimum taxable income of such a 
taxpayer is computed without regard to the REMIC rule that 
taxable income cannot be less than the amount of excess 
inclusions. This provision prevents a taxpayer from having to 
include in alternative minimum taxable income preference items 
for which it received no tax benefit.
    Second, the alternative minimum taxable income of such a 
taxpayer for a taxable year cannot be less than the excess 
inclusions of the residual interests for that year. In effect, 
this provision prevents nonrefundable credits from reducing the 
taxpayer's income tax below an amount equal to what the 
tentative minimum tax would be if computed only on excess 
inclusions.
    Third, the amount of any alternative minimum tax net 
operating loss deduction of such a taxpayer is computed without 
regard to any excess inclusions. This provision insures that 
the net operating losses will not reduce any income 
attributable to any excess inclusions. Thus, all such taxpayers 
subject to the alternative minimum tax will pay a tax on excess 
inclusions at the alternative minimum tax rate, regardless of 
whether the taxpayer has a net operating loss.
    The provision is effective for all taxable years beginning 
after December 31, 1986, unless the taxpayer elects to apply 
the rules of the bill only to taxable years beginning after the 
date of enactment.

14. Application of harbor maintenance tax to Alaska and Hawaii ship 
        passengers (sec. 1704(j) of the bill and sec. 4462(b) of the 
        Code)

                              Present Law

    A harbor maintenance excise tax (``harbor tax'') of 0.125 
percent of value applies generally to commercial cargo 
(including passenger fares) loaded or unloaded at U.S. ports 
(sec. 4461). The harbor tax does not apply to commercial cargo 
(other than crude oil with respect to Alaska) loaded or 
unloaded in Alaska, Hawaii, and U.S. possessions where such 
cargo is transported to or from the U.S. mainland (for domestic 
use) or where such cargo is loaded and unloaded in the same 
State (Alaska or Hawaii) or possession (sec. 4462(b)).

                        Explanation of Provision

    The bill clarifies that the harbor tax does not apply to 
passenger fares where the passengers are transported on U.S. 
flag vessels operating solely within the State waters of Alaska 
or Hawaii and adjacent international waters (i.e., leaving and 
returning to a port in the same State without stopping 
elsewhere).
    The provision applies as if included in the Harbor 
Maintenance Revenue Act of 1986 (April 1, 1987).

15. Modify effective date provision relating to the Energy Policy Act 
        of 1992 (sec. 1704(k) of the bill and secs. 53 and 30 of the 
        Code)

                              Present Law

    The nonconventional fuels production credit (sec. 29) 
cannot reduce the taxpayer's tax liability to less than the 
amount of the tentative minimum tax. The credit for prior year 
minimum tax liability (sec. 53) is increased by the amount of 
the nonconventional fuels credit not allowed for the taxable 
year solely by reason of the limitation based on the taxpayer's 
tentative minimum tax.

                        Explanation of Provision

    The bill corrects a cross reference to section 29(b)(6)(B) 
contained in section 53(d)(1)(B)(iv), and clarifies that the 
correction applies to taxable years beginning after December 
31, 1990. In addition, section 2(e)(5) of the bill clarifies 
that a correction made in the Energy Policy Act of 1992 to a 
similar cross reference in section 53(d)(1)(B)(iii) applies to 
taxable years beginning after December 31, 1990.
    The bill also clarifies the relationship between the basis 
adjustment rules for the electric vehicle credit (sec. 
30(d)(1)) and the alternative minimum tax.

16. Treat qualified football coaches plan as multiemployer pension plan 
        for purposes of the Internal Revenue Code (sec. 1704(l) of the 
        bill and sec. 1022 of ERISA)

                              Present Law

    Section 3(37) of the Employee Retirement Income Security 
Act of 1974 (``ERISA''), as amended by Public Law 100-202 
(Continuing Appropriations for Fiscal Year 1988), provides 
that, for purposes of Title I of ERISA, a qualified football 
coaches plan generally is treated as a multiemployer plan and 
may include a qualified cash or deferred arrangement. Under 
section 3(37) of ERISA, a qualified football coaches plan is 
defined as any defined contribution plan established and 
maintained by an organization described in section 501(c) of 
the Internal Revenue Code (the ``Code''), the membership of 
which consists entirely of individuals who primarily coach 
football as full-time employees of 4-year colleges or 
universities, if the organization was in existence on September 
18, 1986. This definition is generally intended to apply to the 
American Football Coaches Association.
    However, section 9343(a) of the Omnibus Budget 
Reconciliation Act of 1987 (P.L. 100-203) provides that Titles 
I and IV of ERISA are not applicable in interpreting Title II 
of ERISA (the Code provisions relating to qualified plans), 
except to the extent specifically provided in the Code or as 
determined by the Secretary of the Treasury.

                        Explanation of Provision

    The bill amends Title II of ERISA to provide that, for 
purposes of determining the qualified plan status of a 
qualified football coaches plan, section 3(37) of ERISA is 
treated as part of Title II of ERISA and a qualified football 
coaches plan is treated as a multiemployer collectively 
bargained plan.
    The provision is effective for years beginning after 
December 22, 1987 (the date of enactment of P.L. 100-202).

17. Determination of unrecovered investment in annuity contract (sec. 
        1704(m) of the bill and sec. 72(b) and (c) of the Code)

                              Present Law

    An exclusion is provided for amounts received as an annuity 
under an annuity, endowment, or life insurance contract, as 
determined under a statutory exclusion ratio (sec. 72(b)). The 
exclusion ratio is determined as the ratio of (1) the 
taxpayer's investment in the contract (as of the annuity 
starting date) to (2) the expected return under the contract 
(as of such date). In the case of a contract with a refund 
feature, the amount of a taxpayer's investment in the contract 
is reduced by the value of the refund feature (sec.72(c)).
    This exclusion was modified by the Tax Reform Act of 1986 
to limit the excludable amount to the taxpayer's unrecovered 
investment in the contract, and to provide a deduction for the 
unrecovered investment in the contract if payments as an 
annuity under the contract cease by reason of the death of an 
annuitant. In the case of a contract with a refund feature, the 
1986 Act modifications reduce the exclusion ratio so that it is 
possible that less than the entire investment in the contract 
can be recovered tax-free.

                        Explanation of Provision

    The bill modifies the definition of the unrecovered 
investment in the contract, in the case of a contract with a 
refund feature, so that the entire investment in the contract 
can be recovered tax-free.
    The provision is effective as if enacted in the Tax Reform 
Act of 1986.

18. Election by parent to claim unearned income of certain children on 
        parent's return (sec. 1704(n) of the bill and secs. 1 and 59(j) 
        of the Code)

                              Present Law

    The net unearned income of a child under 14 years of age is 
taxed to the child at the parent's statutory rate. Net unearned 
income means unearned income less the sum of $650 (for 1995) 
and the greater of: (1) $650 (for 1995) or, (2) if the child 
itemizes deductions, the amount of allowable deductions 
directly connected with the production of the unearned income. 
The dollar amounts are adjusted for inflation.
    In certain circumstances, a parent may elect to include a 
child's unearned income on the parent's income tax return if 
the child's income is less than $5,000. A parent making this 
election must include the gross income of the child in excess 
of $1,000 in income for the taxable year. In addition, the 
parent must report an additional tax liability equal to the 
lesser of (1) $75 or (2) 15 percent of the excess of the 
child's income over $500. The dollar amounts for the election 
are not adjusted for inflation.
    A person claimed as a dependent cannot claim a standard 
deduction exceeding the greater of $650 (for 1995) or such 
person's earned income. For alternative minimum tax purposes, 
the exemption of a child under 14 years of age generally cannot 
exceed the sum of such child's earned income plus $1,000. The 
$650 amount is adjusted for inflation but the $1,000 amount is 
not.

                        Explanation of Provision

    The bill adjusts for inflation the dollar amounts involved 
in the election to claim unearned income on the parent's 
return. It likewise indexes the $1,000 amount used in computing 
the child's alternative minimum tax.
    The provision is effective for taxable years beginning 
after December 31, 1995.

19. Treatment of certain veterans' reemployment rights (sec. 1704(o) of 
        the bill and new sec. 414(u) of the Code)

                              Present Law

    Under the Uniformed Services Employment and Reemployment 
Rights Act of 1994 (``USERRA''), Pub. L. No. 103-353, 38 U.S.C. 
Sec. Sec. 4301, ff., which revised and restated the Federal law 
protecting veterans' reemployment rights, an employee who 
leaves a civilian job for qualified military service generally 
is entitled to be reemployed by the civilian employer if the 
individual returns to employment within a specified time 
period. In addition to reemployment rights, a returning veteran 
also is entitled to the restoration of certain pension, profit 
sharing and similar benefits that would have accrued, but for 
the employee's absence due to the qualified military service.
    USERRA generally provides that for a reemployed veteran 
service in the uniformed services is considered service with 
the employer for retirement plan benefit accrual purposes, and 
the employer that reemploys the returning veteran is liable for 
funding any resulting obligation. USERRA also provides that the 
reemployed veteran is entitled to any accrued benefits that are 
contingent on the making of, or derived from, employee 
contributions or elective deferrals only to the extent the 
reemployed veteran makes payment to the plan with respect to 
such contributions or deferrals. No such payment may exceed the 
amount the reemployed veteran would have been permitted or 
required to contribute had the person remained continuously 
employed by the employer throughout the period of uniformed 
service. Under USERRA, any such payment to the plan must be 
made during the period beginning with the date of reemployment 
and whose duration is three times the reemployed veteran's 
period of uniform service, not to exceed five years.
    Under the Internal Revenue Code, overall limits are 
provided on contributions and benefits under certain retirement 
plans. For example, the maximum amount of elective deferrals 
that can be made by an individual into a qualified cash or 
deferred arrangement in any taxable year is limited to $9,500 
for 1996 (sec. 402(g)). Annual additions with respect to each 
participant under a qualified defined contribution plan 
generally are limited to the lesser of $30,000 (for 1996) or 25 
percent of compensation (sec 415(c)). Annual deferrals with 
respect to each participant under an eligible deferred 
compensation plan (sec. 457) generally are limited to the 
lesser of $7,500 or 33\1/3\ percent of includible compensation. 
There is no provision under present law that permits 
contributions or deferrals to exceed these and other annual 
limits in the case of contributions with respect to a 
reemployed veteran.
    Other requirements for which there is no special provision 
for contributions with respect to a reemployed veteran include 
the limit on deductible contributions and the qualified plan 
nondiscrimination, coverage, minimum participation, and top 
heavy rules.

                        Explanation of Provision

    The bill provides special rules in the case of certain 
contributions (``make-up contributions'') with respect to a 
reemployed veteran that are required or authorized under 
USERRA. The bill applies to contributions made by an employer 
or employee to an individual account plan or to contributions 
made by an employee to a defined benefit plan that provides for 
employee contributions.
    Under the bill, if any make-up contribution is made by an 
employer or employee with respect to a reemployed veteran, then 
such contributions are not subject to the generally applicable 
plan contributions limits (i.e., secs. 402(g), 402(h), 403(b), 
408, 415, or 457) or the limit on deductible contributions 
(i.e., secs. 404(a) or 404(h)) as applied with respect to the 
year in which the contribution is made. In addition, the make-
up contribution are not taken into account in applying the plan 
contribution or deductible contribution limits to any other 
contribution made during the year. However, the amount of any 
make-up contribution could not exceed the aggregate amount of 
contributions that would have been permitted under the plan 
contribution and deductible contribution limits for the year to 
which the contribution relates had the individual continued to 
be employed by the employer during the period of uniformed 
service.
    Under the bill, a plan to which a make-up contribution is 
made on account of a reemployed veteran is not treated as 
failing to meet the qualified plan nondiscrimination, coverage, 
minimum participation, and top heavy rules (i.e., secs. 
401(a)(4), 401(a)(26), 401(k)(3), 401(k)(11), 401(k)(12), 
401(m), 403(b)(12), 408(k)(3), 408(k)(6), 408(p), 410(b), or 
416) by reason of the making of such contribution. 
Consequently, for purposes of applying the requirements and 
tests associated with these rules, make-up contributions are 
not taken into account either for the year in which they are 
made or for the year to which they relate.
    Under the bill, a special rule applies in the case of make-
up contributions of salary reduction, employer matching, and 
after-tax employee amounts. A plan that provides for elective 
deferrals or employee contributions is treated as meeting the 
requirements of USERRA if the employer permits reemployed 
veterans to make additional elective deferrals or employee 
contributions under the plan during the period which begins on 
the date of reemployment and has the same length as the lesser 
of (1) the period of the individual's absence due to uniformed 
service multiplied by three or (2) five years.
    The employer is required to match any additional elective 
deferrals or employee contributions at the same rate that would 
have been required had the deferrals or contributions actually 
been made during the period of uniformed service. Additional 
elective deferrals, employer matching contributions, and 
employee contributions is treated as make-up contributions for 
purposes of the rule exempting such contributions from 
qualified plan nondiscrimination, coverage, minimum 
participation, and top heavy rules as described above.
    The bill clarifies that USERRA does not require (1) any 
earnings to be credited to an employee with respect to any 
contribution before such contribution is actually made or (2) 
any make-up allocation of any forfeiture that occurred during 
the period of uniformed service.
    The bill also provides that the plan loan, plan 
qualification, and prohibited transaction rules will not be 
violated merely because a plan suspends the repayment of a plan 
loan during a period of uniformed service.
    The bill also defines compensation to be used for purposes 
of determining make-up contributions and would conform the 
rules contained in the Code with certain rights of reemployed 
veterans contained in USERRA pertaining to employee benefit 
plans.
    The provision is effective as of December 12, 1994, the 
effective date of the benefits-related provisions of USERRA.

20. Reporting of real estate transactions (sec. 1704(p) of the bill and 
        sec. 6045(e)(3) of the Code)

                              Present Law

    It is unlawful for any real estate reporting person to 
charge separately any customer for complying with the 
information reporting requirements with respect to real estate 
transactions.

                        Explanation of Provision

    The bill clarifies that real estate reporting persons may 
take into account the cost of complying with the reporting 
requirements of Code section 6045 in establishing charges for 
their services, so long as a separately listed charge for such 
costs is not made.
    The provision is effective on November 11, 1988 (as if 
originally enacted as part of the amendment to the Code 
relating to separate charges).

21. Clarification of denial of deductions for stock redemption expenses 
        (sec. 1704(q) of the bill and sec. 162(k)(2) of the Code)

                              Present Law

    Section 162(k), added by the Tax Reform Act of 1986, denies 
a deduction for any amount paid or incurred by a corporation in 
connection with the redemption of its stock. An exception is 
provided for any deduction allowable under section 163 
(relating to interest). The Internal Revenue Service has taken 
the position that costs properly allocable to a borrowing the 
interest on which is deductible under the exception may not be 
amortized over the period of the loan, due to section 162(k). 
Different courts have reached differing conclusions when 
taxpayers have litigated the question. 40
---------------------------------------------------------------------------
    \40\ See e.g., Fort Howard Corp. v. Commissioner, 103 T.C. 345 
(1994)(upholding the IRS position); compare U.S. v. Kroy (Europe) 
Limited, 27 F.3d 367 (9th Cir. 1994)(to the contrary).
---------------------------------------------------------------------------

                        Explanation of Provision

    The bill clarifies that amounts properly allocable to 
indebtedness on which interest is deductible and properly 
amortized over the term of that indebtedness are not subject to 
the provision of section 162(k) denying a deduction for any 
amount paid or incurred by a corporation in connection with the 
redemption of its stock.
    In addition, the bill clarifies that the rules of section 
162(k) apply to any acquisition of its stock by a corporation 
or by a party that has a relationship to the corporation 
described in section 465(b)(3)(C) (which applies a more than 10 
percent relationship test in certain cases).
    Thus, for example, it is clarified that the denial of a 
deduction applies to any reacquisition (i.e., any transaction 
that is in effect an acquisition of previously outstanding 
stock) regardless of whether the transaction is treated as a 
redemption for purposes of subchapter C of the Code, regardless 
of whether it is treated for tax purposes as a sale of the 
stock or as a dividend, and regardless of whether the 
transaction is a reorganization or other transaction.
    Apart from the clarification relating to amounts properly 
allocable to indebtedness, it is not intended that application 
of the 1986 Act deduction denial to any amount or transaction 
be limited under the bill.
    The provision clarifying that amounts properly allocable to 
indebtedness and amortized over the term of that indebtedness 
are not subject to the denial under section 162(k), is 
effective as if included in the Tax Reform Act of 1986.
    The other clarifications apply to amounts paid or incurred 
after September 13, 1995. No inference is intended that any 
amounts described in these other clarifications are deductible 
under present law.

22. Definition of passive income in determining passive foreign 
        investment company status (sec. 1704(s) of the bill, sec. 1235 
        of the 1986 Act and sec. 1296(b)(2) of the Code)

                              Present Law

    Under the export trade corporation (ETC) provisions, a 
controlled foreign corporation (CFC) that qualifies as an ETC 
is not subject to current U.S. tax on certain export trade 
income. In 1971, the ETC provisions were replaced by rules 
applicable to domestic international sales corporations 
(DISCs). Only those ETCs in existence at that time are allowed 
to continue operating as ETCs. In 1984, the DISC provisions 
were largely replaced by the rules applicable to foreign sales 
corporations (FSCs). Certain foreign trade income of a FSC is 
exempt from U.S. income tax. In addition, a domestic 
corporation is allowed a 100-percent dividends-received 
deduction for dividends distributed from the FSC out of 
earnings attributable to certain foreign trade income.
    The Tax Reform Act of 1986 established an anti-deferral 
regime for passive foreign investment companies (PFICs). A 
foreign corporation is a PFIC if (1) 75 percent or more of its 
gross income for the taxable year consists of passive income, 
or (2) 50 percent or more of the average amount of its assets 
consists of assets that produce, or are held for the production 
of passive income. Passive income for this purpose generally 
means income that satisfies the definition of foreign personal 
holding company income under subpart F. Foreign personal 
holding company income generally includes interest, dividends, 
and annuities; certain rents and royalties; related party 
factoring income; net commodities gains; net foreign currency 
gains; and net gains from sales or exchanges of certain other 
property. In determining whether a foreign corporation is a 
PFIC, passive income does not include certain active-business 
banking, insurance, or (in the case of the U.S. shareholders of 
a CFC) securities income, or certain amounts received from a 
related party (to the extent that the amounts are allocable to 
income of the related party which is not passive income).

                        Explanation of Provision

    The bill clarifies that foreign trade income of a FSC and 
export trade income of an ETC do not constitute passive income 
for purposes of the PFIC definition.
    The provision is effective as if it were included in the 
Tax Reform Act of 1986.

23. Exclusion from income for combat zone compensation (sec. 1704(t)(4) 
        of the bill and sec. 112 of the Code)

                              Present Law

    The Code provides that gross income does not include 
compensation received by a taxpayer for active service in the 
Armed Forces of the United States for any month during any part 
of which the taxpayer served in a combat zone (or was 
hospitalized as a result of injuries, wounds or disease 
incurred while serving in a combat zone) (limited to $500 per 
month for commissioned officers). The heading refers to 
``combat pay,'' although that term is no longer used to refer 
to special pay provisions for members of the Armed Forces, nor 
is the exclusion limited to those special pay provisions 
(hazardous duty pay (37 U.S.C. sec. 301) and hostile fire or 
imminent danger pay (37 U.S.C. sec. 310)).

                        Explanation of Provision

    The bill modifies the heading of Code section 112 to refer 
to ``combat zone compensation'' instead of ``combat pay.'' The 
bill also makes conforming changes to cross-references 
elsewhere in the Code. This provision is effective on the date 
of enactment.

24. Certain property not treated as section 179 property (sec. 1704(u) 
        of the bill and sec. 179 of the Code)

                              Present Law

    Section 179 allows a qualified taxpayer (generally, a small 
business) to elect to expense and deduct, rather than 
capitalize and depreciate, a limited amount of the cost of 
property placed in service in the taxpayer's trade or business.
    One of the ``deadwood provisions'' of the Omnibus Budget 
Reconciliation Act of 1990 (``1990 Act'') inadvertently 
expanded the scope of section 179 to include property described 
in section 50(b), air conditioning or heating units, and 
horses. According to legislative history, these 1990 Act 
provisions were ``an attempt to simplify the Code by deleting 
`deadwood,' without making substantive changes in the tax 
law.''

                        Explanation of Provision

    The bill restores pre-1990 law to deny the expensing 
allowance for the following property placed in service after 
May 14, 1996: (1) property described in section 50(b) 
(generally, property used outside the U.S., property used in 
connection with furnishing lodging, property used by tax-exempt 
organizations, and property used by governments and foreign 
persons); (2) air conditioning or heating units; and (3) 
horses.

                      III. VOTES OF THE COMMITTEE

    In compliance with clause 2(l)(2)(B) of rule XI of the 
Rules of the House of Representatives, the following statement 
is made concerning the roll call votes of the Committee in its 
consideration of the bill.

Motion to report the bill

    The bill, H.R. 3448, as amended, was ordered favorably 
reported on May 14, 1996, by a roll call vote of 33 yeas and 3 
nays, with a quorum present. The vote was as follows:

----------------------------------------------------------------------------------------------------------------
         Representatives             Yea       Nay     Present    Representatives      Yea       Nay     Present
----------------------------------------------------------------------------------------------------------------
Mr. Archer......................        X   ........  ........  Mr. Gibbons.......        X   ........  ........
Mr. Crane.......................        X   ........  ........  Mr. Rangel........  ........        X   ........
Mr. Thomas......................        X   ........  ........  Mr. Stark.........  ........        X   ........
Mr. Shaw........................        X   ........  ........  Mr. Jacobs........        X   ........  ........
Mrs. Johnson....................        X   ........  ........  Mr. Ford..........        X   ........  ........
Mr. Bunning.....................        X   ........  ........  Mr. Matsui........  ........        X   ........
Mr. Houghton....................        X   ........  ........  Mrs. Kennelly.....        X   ........  ........
Mr. Herger......................        X   ........  ........  Mr. Coyne.........        X   ........  ........
Mr. McCrery.....................        X   ........  ........  Mr. Levin.........        X   ........  ........
Mr. Hancock.....................        X   ........  ........  Mr. Cardin........        X   ........  ........
Mr. Camp........................        X   ........  ........  Mr. McDermott.....        X   ........  ........
Mr. Ramstad.....................        X   ........  ........  Mr. Kleczka.......        X   ........  ........
Mr. Zimmer......................  ........  ........  ........  Mr. Lewis.........        X   ........  ........
Mr. Nussle......................        X   ........  ........  Mr. Payne.........        X   ........  ........
Mr. Johnson.....................        X   ........  ........  Mr. Neal..........        X   ........  ........
Ms. Dunn........................        X   ........  ........  Mr. McNulty.......        X   ........  ........
Mr. Collins.....................        X                                                                       
Mr. Portman.....................        X                                                                       
Mr. Hayes.......................  ........                                                                      
Mr. Laughlin....................  ........                                                                      
Mr. English.....................        X                                                                       
Mr. Ensign......................        X                                                                       
Mr. Christensen.................        X                                                                       
----------------------------------------------------------------------------------------------------------------

Votes on amendments

    An amendment by Messrs. Levin and Ramstad to the Archer 
amendment in the nature of a substitute to strike section 1602, 
which would repeal the exclusion for interest on loans used to 
acquire employer securities, and add in subtitle F of Title I 
provisions regarding foreign trust tax compliance, was defeated 
by a roll call vote of 14 yeas to 17 nays. The vote was as 
follows:

----------------------------------------------------------------------------------------------------------------
         Representatives             Yea       Nay     Present    Representatives      Yea       Nay     Present
----------------------------------------------------------------------------------------------------------------
Mr. Archer......................  ........        X   ........  Mr. Gibbons.......  ........  ........  ........
Mr. Crane.......................  ........        X   ........  Mr. Rangel........        X   ........  ........
Mr. Thomas......................  ........        X   ........  Mr. Stark.........        X   ........  ........
Mr. Shaw........................  ........        X   ........  Mr. Jacobs........  ........  ........  ........
Mrs. Johnson....................  ........        X   ........  Mr. Ford..........  ........  ........  ........
Mr. Bunning.....................  ........        X   ........  Mr. Matsui........        X   ........  ........
Mr. Houghton....................  ........  ........  ........  Mrs. Kennelly.....        X   ........  ........
Mr. Herger......................  ........        X   ........  Mr. Coyne.........        X   ........  ........
Mr. McCrery.....................  ........        X   ........  Mr. Levin.........        X   ........  ........
Mr. Hancock.....................  ........        X   ........  Mr. Cardin........        X   ........  ........
Mr. Camp........................  ........        X   ........  Mr. McDermott.....        X   ........  ........
Mr. Ramstad.....................        X   ........  ........  Mr. Kleczka.......        X   ........  ........
Mr. Zimmer......................  ........  ........  ........  Mr. Lewis.........  ........  ........  ........
Mr. Nussle......................  ........        X   ........  Mr. Payne.........        X   ........  ........
Mr. Johnson.....................        X   ........  ........  Mr. Neal..........        X   ........  ........
Ms. Dunn........................  ........        X   ........  Mr. McNulty.......        X   ........  ........
Mr. Collins.....................  ........        X                                                             
Mr. Portman.....................  ........        X                                                             
Mr. Hayes.......................  ........                                                                      
Mr. Laughlin....................  ........                                                                      
Mr. English.....................  ........        X                                                             
Mr. Ensign......................  ........        X                                                             
Mr. Christensen.................  ........        X                                                             
----------------------------------------------------------------------------------------------------------------

    An amendment by Mr. Matsui to the Archer amendment in the 
nature of a substitute to add at the end of Subtitle A of Title 
I a new section to extend and modify the research credit, and 
add at the end of Subtitle F a new section on the temporary 
restoration of airport and airway trust fund taxes, was 
defeated by a roll call vote of 14 yeas to 19 nays. The vote 
was as follows:

----------------------------------------------------------------------------------------------------------------
         Representatives             Yea       Nay     Present    Representatives      Yea       Nay     Present
----------------------------------------------------------------------------------------------------------------
Mr. Archer......................  ........        X   ........  Mr. Gibbons.......  ........  ........  ........
Mr. Crane.......................  ........        X   ........  Mr. Rangel........        X   ........  ........
Mr. Thomas......................  ........        X   ........  Mr. Stark.........  ........        X   ........
Mr. Shaw........................  ........        X   ........  Mr. Jacobs........  ........  ........  ........
Mrs. Johnson....................        X   ........  ........  Mr. Ford..........  ........  ........  ........
Mr. Bunning.....................  ........        X   ........  Mr. Matsui........        X   ........  ........
Mr. Houghton....................  ........        X   ........  Mrs. Kennelly.....        X   ........  ........
Mr. Herger......................  ........        X   ........  Mr. Coyne.........        X   ........  ........
Mr. McCrery.....................  ........        X   ........  Mr. Levin.........        X   ........  ........
Mr. Hancock.....................  ........        X   ........  Mr. Cardin........        X   ........  ........
Mr. Camp........................  ........        X   ........  Mr. McDermott.....        X   ........  ........
Mr. Ramstad.....................  ........        X   ........  Mr. Kleczka.......        X   ........  ........
Mr. Zimmer......................  ........  ........  ........  Mr. Lewis.........        X   ........  ........
Mr. Nussle......................  ........        X   ........  Mr. Payne.........        X   ........  ........
Mr. Johnson.....................  ........        X   ........  Mr. Neal..........        X   ........  ........
Ms. Dunn........................  ........        X   ........  Mr. McNulty.......        X   ........  ........
Mr. Collins.....................  ........        X                                                             
Mr. Portman.....................  ........        X                                                             
Mr. Hayes.......................  ........                                                                      
Mr. Laughlin....................  ........                                                                      
Mr. English.....................        X   ........                                                            
Mr. Ensign......................  ........        X                                                             
Mr. Christensen.................  ........        X                                                             
----------------------------------------------------------------------------------------------------------------

    An amendment by Mr. McDermott to the Archer amendment in 
the nature of a substitute to add at the end of Chapter 4 of 
Subtitle D a new section to provide that distributions from 
certain plans may be used without penalty during periods of 
unemployment, and add at the end of Subtitle F of Title I a new 
section on the temporary restoration of airport and airway 
trust fund taxes, was defeated by a roll call vote of 14 yeas 
to 19 nays. The vote was as follows:

----------------------------------------------------------------------------------------------------------------
         Representatives             Yea       Nay     Present    Representatives      Yea       Nay     Present
----------------------------------------------------------------------------------------------------------------
Mr. Archer......................  ........        X   ........  Mr. Gibbons.......  ........  ........  ........
Mr. Crane.......................  ........        X   ........  Mr. Rangel........        X   ........  ........
Mr. Thomas......................  ........        X   ........  Mr. Stark.........        X   ........  ........
Mr. Shaw........................  ........        X   ........  Mr. Jacobs........  ........  ........  ........
Mrs. Johnson....................  ........        X   ........  Mr. Ford..........  ........  ........  ........
Mr. Bunning.....................  ........        X   ........  Mr. Matsui........        X   ........  ........
Mr. Houghton....................  ........        X   ........  Mrs. Kennelly.....        X   ........  ........
Mr. Herger......................  ........        X   ........  Mr. Coyne.........        X   ........  ........
Mr. McCrery.....................  ........        X   ........  Mr. Levin.........        X   ........  ........
Mr. Hancock.....................  ........        X   ........  Mr. Cardin........        X   ........  ........
Mr. Camp........................  ........        X   ........  Mr. McDermott.....        X   ........  ........
Mr. Ramstad.....................  ........        X   ........  Mr. Kleczka.......        X   ........  ........
Mr. Zimmer......................  ........  ........  ........  Mr. Lewis.........        X   ........  ........
Mr. Nussle......................  ........        X   ........  Mr. Payne.........        X   ........  ........
Mr. Johnson.....................  ........        X   ........  Mr. Neal..........        X   ........  ........
Ms. Dunn........................  ........        X   ........  Mr. McNulty.......        X   ........  ........
Mr. Collins.....................  ........        X                                                             
Mr. Portman.....................  ........        X                                                             
Mr. Hayes.......................  ........                                                                      
Mr. Laughlin....................  ........                                                                      
Mr. English.....................        X   ........                                                            
Mr. Ensign......................  ........        X                                                             
Mr. Christensen.................  ........        X                                                             
----------------------------------------------------------------------------------------------------------------

    An amendment by Mr. Neal to the Archer amendment in the 
nature of a substitute to add at the end of Subtitle A of Title 
I a new section for the deduction for higher education 
expenses, and at the end of Subtitle F of Title I a new section 
on the temporary restoration of airport and airway trust fund 
taxes, was defeated by a roll call vote of 13 yeas to 20 nays. 
The vote was as follows:

----------------------------------------------------------------------------------------------------------------
         Representatives             Yea       Nay     Present    Representatives      Yea       Nay     Present
----------------------------------------------------------------------------------------------------------------
Mr. Archer......................  ........        X   ........  Mr. Gibbons.......  ........  ........  ........
Mr. Crane.......................  ........        X   ........  Mr. Rangel........        X   ........  ........
Mr. Thomas......................  ........        X   ........  Mr. Stark.........        X   ........  ........
Mr. Shaw........................  ........        X   ........  Mr. Jacobs........  ........  ........  ........
Mrs. Johnson....................  ........        X   ........  Mr. Ford..........  ........  ........  ........
Mr. Bunning.....................  ........        X   ........  Mr. Matsui........        X   ........  ........
Mr. Houghton....................  ........        X   ........  Mrs. Kennelly.....        X   ........  ........
Mr. Herger......................  ........        X   ........  Mr. Coyne.........        X   ........  ........
Mr. McCrery.....................  ........        X   ........  Mr. Levin.........        X   ........  ........
Mr. Hancock.....................  ........        X   ........  Mr. Cardin........        X   ........  ........
Mr. Camp........................  ........        X   ........  Mr. McDermott.....        X   ........  ........
Mr. Ramstad.....................  ........        X   ........  Mr. Kleczka.......        X   ........  ........
Mr. Zimmer......................  ........  ........  ........  Mr. Lewis.........        X   ........  ........
Mr. Nussle......................  ........        X   ........  Mr. Payne.........        X   ........  ........
Mr. Johnson.....................  ........        X   ........  Mr. Neal..........        X   ........  ........
Ms. Dunn........................  ........        X   ........  Mr. McNulty.......        X   ........  ........
Mr. Collins.....................  ........        X                                                             
Mr. Portman.....................  ........        X                                                             
Mr. Hayes.......................  ........                                                                      
Mr. Laughlin....................  ........                                                                      
Mr. English.....................  ........        X                                                             
Mr. Ensign......................  ........        X                                                             
Mr. Christensen.................  ........        X                                                             
----------------------------------------------------------------------------------------------------------------

    An amendment by Mr. Levin to the Archer amendment in the 
nature of a substitute to strike subsections (b) and (c)(2) of 
section 1202 (relating to limitation to education below 
graduate level), and insert at the end of Subtitle F a new 
section on expansion of the requirement that involuntarily 
converted property be replaced with property acquired from an 
unrelated person, and a new section on financial asset 
securitization investment trusts, was agreed to by a roll call 
vote of 18 yeas to 15 nays. The vote was as follows:

----------------------------------------------------------------------------------------------------------------
         Representatives             Yea       Nay     Present    Representatives      Yea       Nay     Present
----------------------------------------------------------------------------------------------------------------
Mr. Archer......................  ........        X   ........  Mr. Gibbons.......  ........  ........  ........
Mr. Crane.......................  ........        X   ........  Mr. Rangel........        X   ........  ........
Mr. Thomas......................  ........        X   ........  Mr. Stark.........        X   ........  ........
Mr. Shaw........................        X   ........  ........  Mr. Jacobs........        X   ........  ........
Mrs. Johnson....................  ........        X   ........  Mr. Ford..........  ........  ........  ........
Mr. Bunning.....................  ........        X   ........  Mr. Matsui........        X   ........  ........
Mr. Houghton....................        X   ........  ........  Mrs. Kennelly.....        X   ........  ........
Mr. Herger......................  ........        X   ........  Mr. Coyne.........  ........  ........  ........
Mr. McCrery.....................  ........        X   ........  Mr. Levin.........        X   ........  ........
Mr. Hancock.....................  ........        X   ........  Mr. Cardin........        X   ........  ........
Mr. Camp........................        X   ........  ........  Mr. McDermott.....        X   ........  ........
Mr. Ramstad.....................        X   ........  ........  Mr. Kleczka.......        X   ........  ........
Mr. Zimmer......................  ........  ........  ........  Mr. Lewis.........        X   ........  ........
Mr. Nussle......................  ........        X   ........  Mr. Payne.........        X   ........  ........
Mr. Johnson.....................  ........        X   ........  Mr. Neal..........        X   ........  ........
Ms. Dunn........................  ........        X   ........  Mr. McNulty.......        X   ........  ........
Mr. Collins.....................  ........        X                                                             
Mr. Portman.....................  ........        X                                                             
Mr. Hayes.......................  ........                                                                      
Mr. Laughlin....................  ........                                                                      
Mr. English.....................  ........        X                                                             
Mr. Ensign......................        X   ........                                                            
Mr. Christensen.................  ........        X                                                             
----------------------------------------------------------------------------------------------------------------

    An amendment by Mr. Kleczka to the Archer amendment in the 
nature of a substitute to strike subsection (a)(2) of section 
1112 (relating to the effective date of the employer tax credit 
for FICA taxes paid on tip income) was defeated by a roll call 
vote of 13 yeas to 20 nays. The vote was as follows:

----------------------------------------------------------------------------------------------------------------
         Representatives             Yea       Nay     Present    Representatives      Yea       Nay     Present
----------------------------------------------------------------------------------------------------------------
Mr. Archer......................  ........        X   ........  Mr. Gibbons.......  ........  ........  ........
Mr. Crane.......................  ........        X   ........  Mr. Rangel........        X   ........  ........
Mr. Thomas......................  ........        X   ........  Mr. Stark.........        X   ........  ........
Mr. Shaw........................  ........        X   ........  Mr. Jacobs........        X   ........  ........
Mrs. Johnson....................  ........        X   ........  Mr. Ford..........  ........  ........  ........
Mr. Bunning.....................  ........        X   ........  Mr. Matsui........        X   ........  ........
Mr. Houghton....................  ........        X   ........  Mrs. Kennelly.....        X   ........  ........
Mr. Herger......................  ........        X   ........  Mr. Coyne.........  ........  ........  ........
Mr. McCrery.....................  ........        X   ........  Mr. Levin.........        X   ........  ........
Mr. Hancock.....................  ........        X   ........  Mr. Cardin........        X   ........  ........
Mr. Camp........................  ........        X   ........  Mr. McDermott.....        X   ........  ........
Mr. Ramstad.....................  ........        X   ........  Mr. Kleczka.......        X   ........  ........
Mr. Zimmer......................  ........  ........  ........  Mr. Lewis.........        X   ........  ........
Mr. Nussle......................  ........        X   ........  Mr. Payne.........        X   ........  ........
Mr. Johnson.....................  ........        X   ........  Mr. Neal..........        X   ........  ........
Ms. Dunn........................  ........        X   ........  Mr. McNulty.......        X   ........  ........
Mr. Collins.....................  ........        X   ........                                                  
Mr. Portman.....................  ........        X   ........                                                  
Mr. Hayes.......................  ........  ........  ........                                                  
Mr. Laughlin....................  ........  ........  ........                                                  
Mr. English.....................  ........        X   ........                                                  
Mr. Ensign......................  ........        X   ........                                                  
Mr. Christensen.................  ........        X   ........                                                  
----------------------------------------------------------------------------------------------------------------

    Reconsideration of an amendment by Mr. Levin to the Archer 
amendment in the nature of a substitute to strike subsections 
(b) and (c)(2) of section 1202 (relating to limitation to 
education below graduate level), and insert at the end of 
Subtitle F a new section on expansion of the requirement that 
involuntarily converted property be replaced with property 
acquired from an unrelated person, and a new section on 
financial asset securitization investment trusts, was defeated 
by a roll call vote of 16 yeas to 20 nays. The vote was as 
follows:

----------------------------------------------------------------------------------------------------------------
         Representatives             Yea       Nay     Present    Representatives      Yea       Nay     Present
----------------------------------------------------------------------------------------------------------------
Mr. Archer......................  ........        X   ........  Mr. Gibbons.......  ........  ........  ........
Mr. Crane.......................  ........        X   ........  Mr. Rangel........        X   ........  ........
Mr. Thomas......................  ........        X   ........  Mr. Stark.........        X   ........  ........
Mr. Shaw........................  ........        X   ........  Mr. Jacobs........        X   ........  ........
Mrs. Johnson....................  ........        X   ........  Mr. Ford..........        X   ........  ........
Mr. Bunning.....................  ........        X   ........  Mr. Matsui........        X   ........  ........
Mr. Houghton....................  ........        X   ........  Mrs. Kennelly.....        X   ........  ........
Mr. Herger......................  ........        X   ........  Mr. Coyne.........        X   ........  ........
Mr. McCrery.....................  ........        X   ........  Mr. Levin.........        X   ........  ........
Mr. Hancock.....................  ........        X   ........  Mr. Cardin........        X   ........  ........
Mr. Camp........................  ........        X   ........  Mr. McDermott.....        X   ........  ........
Mr. Ramstad.....................  ........        X   ........  Mr. Kleczka.......        X   ........  ........
Mr. Zimmer......................  ........  ........  ........  Mr. Lewis.........        X   ........  ........
Mr. Nussle......................  ........        X   ........  Mr. Payne.........        X   ........  ........
Mr. Johnson.....................  ........        X   ........  Mr. Neal..........        X   ........  ........
Ms. Dunn........................  ........        X   ........  Mr. McNulty.......        X   ........  ........
Mr. Collins.....................  ........        X   ........                                                  
Mr. Portman.....................  ........        X   ........                                                  
Mr. Hayes.......................  ........  ........  ........                                                  
Mr. Laughlin....................  ........  ........  ........                                                  
Mr. English.....................  ........        X   ........                                                  
Mr. Ensign......................  ........        X   ........                                                  
Mr. Christensen.................  ........        X   ........                                                  
----------------------------------------------------------------------------------------------------------------

                     IV. BUDGET EFFECTS OF THE BILL

              A. Committee Estimates of Budgetary Effects

    In compliance with clause 7(a) of rule XIII of the Rules of 
the House of Representatives, the following statement is made 
concerning the budget effects of the bill, H.R. 3448, as 
reported.
    The bill is estimated to have the following effects on the 
budget for fiscal years 1996-2003:

         Estimated Budget Effects of H.R. 3448, the ``Small Business Job Protection Act of 1996,'' As Approved by the Committee on Ways and Means       
                                                    [Fiscal Years 1996-2003, in millions of dollars]                                                    
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                                        1996-     1996- 
            Provision                  Effective        1996      1997      1998      1999      2000      2001      2002      2003      2000      2003  
--------------------------------------------------------------------------------------------------------------------------------------------------------
I. Small Business Provisions:                                                                                                                           
    1. Increase in expensing                                                                                                                            
     limitations for small                                                                                                                              
     businesses to $18,500 for                                                                                                                          
     1996, $19,000 for 1997,                                                                                                                            
     $20,000 for 1998, $21,000                                                                                                                          
     for 1999, $22,000 for 2000,                                                                                                                        
     $23,000 for 2001, $23,500                                                                                                                          
     for 2002, $25,000 for 2003                                                                                                                         
     and thereafter..............      tyba 12/31/95      -129      -311      -337      -479      -581      -590      -547      -625    -1,837    -3,599
    2. FICA tip credit:                                                                                                                                 
        a. Provided for off-                                                                                                                            
         premises employees......             1/1/97  ........        -6       -14       -15       -16       -17       -18       -18       -51      -104
        b. Clarification.........  .................                                                                                                    
(9)Negligible Revenue Effect                                                                                                                            
    3. Treatment of storage of                                                                                                                          
     product samples.............      tyba 12/31/95     (\1\)     (\1\)     (\1\)     (\1\)     (\1\)     (\1\)     (\1\)     (\1\)     (\1\)        -2
    4. Provide that certain                                                                                                                             
     charitable risk pools would                                                                                                                        
     qualify as charitable                                                                                                                              
     organizations under section                                                                                                                        
     501(c)(3)...................           tyba DOE  ........     (\1\)        -1        -1        -1        -1        -2        -2        -3        -8
    5. Treatment of certain dues                                                                                                                        
     paid to agricultural or                                                                                                                            
     horticultural organizations.      tyba 12/31/94                                                                                                    
(9)Negligible Revenue Effect                                                                                                                            
    6. Fishermen--treat ``pers''                                                                                                                        
     payments as wages rather                                                                                                                           
     than self-employment income.  .................        -1       -10     (\1\)     (\1\)     (\1\)     (\1\)     (\1\)     (\1\)       -11       -12
    7. Require purchasers of fish                                                                                                                       
     in excess of $600 in cash to                                                                                                                       
     provide information reports.           12/31/96  ........         5         9         9        10        10        11        11        33        65
                                                     ---------------------------------------------------------------------------------------------------
      Subtotal of Small Business                                                                                                                        
       Provisions................  .................      -130      -322      -343      -486      -588      -598      -556      -634    -1,869    -3,657
                                                     ===================================================================================================
II. Extension of Certain Expiring                                                                                                                       
 Provisions:                                                                                                                                            
    1. Extend the work                                                                                                                                  
     opportunity tax credit, with                                                                                                                       
     modifications through 6/30/                                                                                                                        
     97 \2\......................             7/1/96       -33       -90       -91       -48       -19        -6        -1  ........      -281      -288
    2. Employer-provided                                                                                                                                
     educational assistance;                                                                                                                            
     applies to undergraduate                                                                                                                           
     education only after 1995;                                                                                                                         
     sunset after 12/31/96.......             1/1/95      -136      -608  ........  ........  ........  ........  ........  ........      -744      -744
    3. Permanent extension of                                                                                                                           
     FUTA exemption for alien                                                                                                                           
     agricultural workers \3\....             1/1/95        -5        -3        -3        -3        -3        -3        -3        -3       -17       -26
                                                     ---------------------------------------------------------------------------------------------------
      Subtotal of Expiring                                                                                                                              
       Provisions................  .................      -174      -701       -94       -51       -22        -9        -4        -3    -1,042    -1,058
                                                     ===================================================================================================
III. Provisions Relating to S                                                                                                                           
 Corporations:                                                                                                                                          
    1. Increase number of                                                                                                                               
     eligible sharholders........      tyba 12/31/96  ........        -5       -14       -16       -20       -22       -25       -28       -55      -130
    2. Permit certain trusts to                                                                                                                         
     hold stock in S corporations      tyba 12/31/96  ........        -2        -2        -2        -2        -2        -2        -2        -8       -14
    3. Extend holding period for                                                                                                                        
     certain trusts..............      tyba 12/31/96  ........     (\4\)     (\4\)     (\4\)     (\4\)     (\4\)     (\4\)     (\4\)     (\5\)     (\6\)
    4. Financial institutions                                                                                                                           
     permitted to hold safe-                                                                                                                            
     harbor debt.................      tyba 12/31/96  ........     (\1\)     (\1\)     (\1\)     (\1\)     (\1\)     (\1\)     (\1\)     (\1\)        -1
    5. Authority to validate                                                                                                                            
     certain invalid elections...      tyba 12/31/82  ........     (\1\)     (\1\)     (\1\)     (\1\)     (\1\)     (\1\)     (\1\)     (\1\)        -1
    6. Allow interim closing of                                                                                                                         
     the books...................      tyba 12/31/96                                                                                                    
(9)Negligible Revenue Effect                                                                                                                            
    7. Expand post-termination                                                                                                                          
     period and amend subchapter                                                                                                                        
     S audit procedures..........      tyba 12/31/96  ........     (\1\)     (\1\)     (\1\)     (\1\)     (\1\)     (\1\)     (\1\)     (\1\)        -1
    8. S corporations permitted                                                                                                                         
     to hold S or C subsidiaries.      tyba 12/31/96  ........        -5        -9       -11       -13       -15       -17       -20       -38       -90
    9. Treatment of distributions                                                                                                                       
     during loss years...........      tyba 12/31/96  ........     (\1\)     (\1\)     (\1\)     (\1\)     (\1\)     (\1\)     (\1\)     (\1\)        -1
    10. Treatment of S                                                                                                                                  
     corporations as shareholders                                                                                                                       
     in C corporations...........      tyba 12/31/96  ........     (\4\)     (\4\)     (\4\)     (\4\)     (\4\)     (\4\)     (\4\)     (\5\)     (\6\)
    11. Elimination of certain                                                                                                                          
     earnings and profits of S                                                                                                                          
     corporations................      tyba 12/31/96  ........     (\4\)     (\4\)     (\4\)     (\4\)     (\4\)     (\4\)     (\4\)     (\5\)     (\6\)
    12. Treatment of certain                                                                                                                            
     losses carried over under at-                                                                                                                      
     risk rules..................      tyba 12/31/96  ........     (\4\)     (\4\)     (\4\)     (\4\)     (\4\)     (\4\)     (\4\)     (\5\)     (\6\)
    13. Adjustments to basis of                                                                                                                         
     inherited S stock...........            dda DOE  ........     (\7\)     (\7\)     (\7\)     (\7\)     (\7\)     (\7\)     (\7\)     (\7\)     (\7\)
    14. Treatment of certain real                                                                                                                       
     estate held by an S                                                                                                                                
     corporation.................      tyba 12/31/96  ........        -1        -1        -2        -2        -2        -2        -2        -6       -12
    15. Transition rule for                                                                                                                             
     elections after termination.      tyba 12/31/96  ........     (\4\)     (\4\)     (\4\)     (\4\)     (\4\)     (\4\)     (\4\)     (\5\)     (\6\)
                                                     ---------------------------------------------------------------------------------------------------
      Subtotal of Subchapter S                                                                                                                          
       Corporations Provisions...  .................        -3       -31       -67       -78       -89       -94      -100      -107      -268      -569
                                                     ===================================================================================================
IV. Pension Simplification                                                                                                                              
 Provisions:                                                                                                                                            
    A. Simplified Distribution                                                                                                                          
     Rules:                                                                                                                                             
        1. Repeal of 5-year                                                                                                                             
         income averaging for                                                                                                                           
         lump-sum distributions..      tyba 12/31/98  ........        67        63        94        65        56        32        17       289       394
        2. Repeal of $5,000                                                                                                                             
         exclusion of employees'                                                                                                                        
         death benefits..........            dda DOE  ........        28        49        52        54        55        55        56       183       349
        3. Simplified method for                                                                                                                        
         taxing annuity                                                                                                                                 
         distributions under                                                                                                                            
         certain employer plans..     asda 90 da DOE  ........        22        28        28        29        29        29        30       107       195
        4. Minimum required                                                                                                                             
         distributions...........       yba 12/31/96  ........        -1        -4        -4        -4        -4        -4        -4       -13       -25
    B. Increased Access to                                                                                                                              
     Pension Plans:                                                                                                                                     
        1. Establish SIMPLE                                                                                                                             
         pension plan, but repeal                                                                                                                       
         salary reduction SEPs...       yba 12/31/96  ........       -53       -81       -84       -87       -90       -93       -97      -305      -585
        2. Tax-exempt                                                                                                                                   
         organization eligible                                                                                                                          
         under section 401(k)....       yba 12/31/96  ........        -8       -22       -24       -25       -26       -28       -29       -79      -162
    C. Nondiscrimination                                                                                                                                
     Provisions:                                                                                                                                        
        1. Simplified definition                                                                                                                        
         of highly compensated                                                                                                                          
         employees [8]...........       yba 12/31/96  ........     (\9\)     (\9\)                                                                      
(6)Considered in Other Provisions                                                                                                                       
        2. Repeal of family                                                                                                                             
         aggregation rules\8\....       yba 12/31/96  ........    (\10\)    (\10\)                                                                      
(6) Considered in Other                                                                                                                                 
 Provisions                                                                                                                                             
        3. Modification of                                                                                                                              
         additional participation                                                                                                                       
         requirements............       yba 12/31/96                                                                                                    
(9) Negligible Revenue Effect                                                                                                                           
        4. Safe-harbor                                                                                                                                  
         nondiscrimination rules                                                                                                                        
         for qualified cash or                                                                                                                          
         deferred arrangements                                                                                                                          
         and matching                                                                                                                                   
         contributions \11\......       yba 12/31/98  ........  ........  ........       -42      -162      -167      -171      -176      -204      -718
        5. Definition of                                                                                                                                
         compensation for section                                                                                                                       
         415 purposes............       yba 12/31/97  ........  ........        -1        -1        -2        -2        -2        -2        -4       -10
    D. Miscellaneous Provision:                                                                                                                         
        1. Plans covering self-                                                                                                                         
         employed individuals....       yba 12/31/96                                                                                                    
(9)Negligible Revenue Effect                                                                                                                            
        2. Elimination of special                                                                                                                       
         vesting rule for                                                                                                                               
         multiemployer plans.....       yba 12/31/96  ........     (\1\)        -1        -1        -1        -1        -1        -1        -3        -4
        3. Distributions under                                                                                                                          
         rural cooperative plans.                DOE                                                                                                    
(9)Negligible Revenue Effect                                                                                                                            
        4. Treatment of                                                                                                                                 
         governmental plans under                                                                                                                       
         section 415.............       yba 12/31/94                                                                                                    
(9)Negligible Revenue Effect                                                                                                                            
        5. Uniform retirement age                                                                                                                       
         \8\.....................       yba 12/31/96  ........    (\10\)    (\10\)                                                                      
(6) Considered in Other                                                                                                                                 
 Provisions                                                                                                                                             
        6. Contributions on                                                                                                                             
         behalf of disabled                                                                                                                             
         employees...............       yba 12/31/96                                                                                                    
(9)Negligible Revenue Effect                                                                                                                            
        7. Treatment of deferred                                                                                                                        
         compensation plans of                                                                                                                          
         State and local                                                                                                                                
         governments and tax-                                                                                                                           
         exempt organizations....      tyba 12/31/96  ........     (\1\)        -1        -1        -1        -2        -2        -2        -3        -9
        8. Require individual                                                                                                                           
         ownership of section 457                                                                                                                       
         plan assets.............                DOE  ........        -7       -21       -24       -25       -25       -26       -27       -77      -155
        9. Correction of GATT                                                                                                                           
         interest and mortality                                                                                                                         
         rate provisions in the                                                                                                                         
         Retirement Protection                                                                                                                          
         Act permanent change....          eaii GATT  ........        -4        -4        -4  ........  ........  ........  ........       -12       -12
        10. Multiple salary                                                                                                                             
         reduction agreements                                                                                                                           
         permitted under section                                                                                                                        
         403(b)..................      tyba 12/31/95                                                                                                    
(9)Negligible Revenue Effect                                                                                                                            
        11. Application of                                                                                                                              
         elective deferred limit                                                                                                                        
         to section 403(b) plans.      tyba 12/31/95                                                                                                    
(9)Negligible Revenue Effect                                                                                                                            
        12. Treatment of Indian                                                                                                                         
         tribal governments under                                                                                                                       
         section 403(b)..........        pybb 1/1/95                                                                                                    
(9)Negligible Revenue Effect                                                                                                                            
        13. Repeal of combined                                                                                                                          
         plan limit..............      lyba 12/31/98  ........  ........  ........       -70      -189      -195      -201      -207      -259      -862
        14. 3-year waiver of                                                                                                                            
         excess distribution tax.             1/1/96  ........        49        43         3  ........  ........  ........  ........        95        95
        15. Increase section 4975                                                                                                                       
         excise tax on prohibited                                                                                                                       
         transactions from 5% to                                                                                                                        
         10%.....................           ptoa DOE  ........         2         4         4         4         4         4         4        14        26
        16. Modify notice                                                                                                                               
         required of right to                                                                                                                           
         qualified joint and                                                                                                                            
         survivor annuity........      pyba 12/31/96                                                                                                    
(9)Negligible Revenue Effect                                                                                                                            
        17. Treatment of leased                                                                                                                         
         employees...............       yba 12/31/96                                                                                                    
(9)Negligible Revenue Effect                                                                                                                            
        18. Uniform penalty                                                                                                                             
         provision to apply to                                                                                                                          
         certain pension                                                                                                                                
         reporting requirements..             1/1/97                                                                                                    
(9)No Revenue Effect                                                                                                                                    
        19. Clarify that SECA                                                                                                                           
         does not apply to                                                                                                                              
         certain parsonage                                                                                                                              
         allowance income........    ybbo/a 12/31/94                                                                                                    
(9)Negligible Revenue Effect                                                                                                                            
        20. Date of adoption of                                                                                                                         
         plan amendments.........                DOE                                                                                                    
(9)No Revenue Effect                                                                                                                                    
                                                     ---------------------------------------------------------------------------------------------------
      Subtotal of Pension                                                                                                                               
       Simplification Provisions.  .................  ........        90        47       -74      -344      -368      -408      -438      -281    -1,495
                                                     ===================================================================================================
V. Foreign Simplification--Repeal                                                                                                                       
 of excess passive assets                                                                                                                               
 provision (section 956A)........      tyba 12/31/96  ........       -11       -22       -29       -36       -41       -45       -51       -98      -235
                                                     ===================================================================================================
VI. Revenue Offsets:.............                                                                                                                       
    1. Possessions tax credit:                                                                                                                          
     Wage credit companies--6                                                                                                                           
     years of present law,                                                                                                                              
     followed by 4-year phaseout                                                                                                                        
     with modified base period;                                                                                                                         
     Income companies--2 years of                                                                                                                       
     present law followed by 8-                                                                                                                         
     year phaseout with modified                                                                                                                        
     base period; QPSII--repealed                                                                                                                       
     1/1/96......................      tyba 12/31/95       255       605       552       596       498       516       746     1,116     2,506     4,884
    2. Repeal 50 % interest                                                                                                                             
     income exclusion for                                                                                                                               
     financial institution loans                                                                                                                        
     to ESOPs....................       Ima 10/13/95        12        68       108       148       186       223       260       295       521     1,299
    3. Apply look-through rule                                                                                                                          
     for purposes of                                                                                                                                    
     characterizing certain                                                                                                                             
     subpart F insurance income                                                                                                                         
     as UBTI.....................      gira 12/31/95         7        23        24        27        30        32        34        37       111       214
    4. Corporate accounting--                                                                                                                           
     reform of income forecast                                                                                                                          
     method......................      ppisa 9/13/95        32        69        29        13        14        16        19        22       157       214
    5. Modify exclusion of                                                                                                                              
     damages received on account                                                                                                                        
     of personal injury or                                                                                                                              
     sickness....................        ara 6/30/96         5        50        55        59        61        64        68        71       230       433
    6. Repeal advance refunds of                                                                                                                        
     diesel fuel tax for diesel                                                                                                                         
     cars and light trucks.......            vpa DOE         3        17        19        19        19        19        19        19        76       133
                                                     ---------------------------------------------------------------------------------------------------
      Subtotal of Revenue Offsets  .................       314       832       787       862       808       870     1,146     1,560     3,601     7,177
                                                     ===================================================================================================
VII. Technical Corrections--                                                                                                                            
 Luxury excise tax, expensing                                                                                                                           
 modification, and other                                                                                                                                
 technical corrections...........  .................        14     (\1\)     (\1\)     (\1\)     (\1\)     (\1\)     (\1\)     (\1\)        13        13
                                                     ===================================================================================================
      Net Total..................  .................        21      -143       308       144      -271      -240        33       327        56       176
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Loss of less than $500,000.                                                                                                                         
\2\ Credit rate at 35% on first $6,000 of income; eligible workers expanded to include welfare cash recipients and veterans foodstamp recipients; 500   
  hour work requirement.                                                                                                                                
\3\ Estimates provided by the Congressional Budget Office (CBO).                                                                                        
\4\ Loss of less than $5 million.                                                                                                                       
\5\ Loss of less than $15 million.                                                                                                                      
\6\ Loss of less than $20 million.                                                                                                                      
\7\ Gain of less than $1 million.                                                                                                                       
\8\ Revenue effect after 1/1/99 included in the revenue estimate for the safe harbor provision due to interactions between this provision and item      
  II.C.4.                                                                                                                                               
\9\ Loss of less than $10 million.                                                                                                                      
\10\ Negligible revenue effect.                                                                                                                         
\11\ This provision considers interaction effects of SIMPLE retirement plan provisions (items IV.C.1,IV.C.2, and IV.D.5).                               
                                                                                                                                                        
Legend for ``Effective'' column: ara=amounts received after; asda=annuity starting date after; dda=decedents dying after; DOE=data of enactment; eali   
  GATT=effective as if included in GATT; gira=gross income received in taxable years beginning after; lma=loans made after; lyba=limitation years       
  beginning after; ppisa=property placed in service after; ptoa=prohibited transactions occurring after; pyba=plan years beginning after; pybb=plan     
  years beginning before; tyba=taxable years beginning after; vpa DOE=vehicles purchased after date of enactment; yba=years beginning after; ybbo/      
  a=years beginning before, on, or after; 90 da DOE=90 days after date of enactment.                                                                    
                                                                                                                                                        
Note.--Details may not add to totals due to rounding.                                                                                                   
                                                                                                                                                        
Source: Joint Committee on Taxation.                                                                                                                    

    B. Statement Regarding New Budget Authority and Tax Expenditures

Budget authority

    In compliance with subdivision (B) of clause 2(l)(3) of 
rule XI of the Rules of the House of Representatives, the 
Committee states that the provisions of the bill involve no new 
or increased budget authority.

Tax expenditures

    In compliance with subdivision (B) of clause 2(l)(3) of 
rule XI of the Rules of the House of Representatives, the 
Committee states that the provisions involving income tax 
reductions generally involve increased tax expenditures and 
that the provisions involving increased income as revenues (see 
revenue table above) generally involve reduced tax 
expenditures. Non-income tax provisions are not classified as 
tax expenditures under the Budget Act. Also, certain reporting 
and other compliance provisions and technical corrections 
provisions do not involve tax expenditures.

      C. Cost Estimate Prepared by the Congressional Budget Office

    In compliance with subdivisions (c) of clause 2(l)(3) of 
rule XI of the Rules of the House of Representatives, requiring 
a cost estimate prepared by the Congressional Budget Office 
(CBO), the following statement by CBO is provided.

                                     U.S. Congress,
                               Congressional Budget Office,
                                      Washington, DC, May 20, 1996.
Hon. Bill Archer,
Chairman, Committee on Ways and Means,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office and the 
Joint Committee on Taxation (JCT) have reviewed H.R. 3448, the 
``Small Business Job Protection Act of 1996,'' as ordered 
reported by the House Committee on Ways and Means on May 14, 
1996. The JCT estimates that this bill would increase 
governmental receipts by $21 million in fiscal year 1996 and by 
$171 million over fiscal years 1996 through 2003. CBO concurs 
with this estimate.
    H.R. 3448 would increase the expensing limitation for small 
businesses, extend certain expiring provisions, simplify 
pension and foreign asset provisions, modify the tax treatment 
of Subchapter S Corporations and make technical corrections. In 
addition, the bill would repeal the possessions tax credit and 
the 50 percent interest income exclusion for financial 
institution loans to ESOPs, and make other changes that would 
increase taxes on corporations and other businesses. The 
revenue effects of H.R. 3448 are summarized in the table below. 
Please refer to the enclosed table for a more detailed estimate 
of the bill.

                                                               Revene Effects of H.R. 3448                                                              
                                                        [By fiscal year, in billions of dollars]                                                        
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                             1996        1997        1998        1999        2000        2001        2002        2003   
--------------------------------------------------------------------------------------------------------------------------------------------------------
Projected revenues under current law \1\................   1,417.583   1,475.572   1,547.285   1,619.979   1,699.866   1,789.771   1,882.950   1,984.272
Proposed changes........................................       0.021      -0.143       0.308       0.144      -0.271      -0.240       0.033       0.327
Projected revenues under H.R. 3448......................   1,417.604   1,475.429   1,547.593   1,620.123   1,699.595   1,789.531   1,882.983   1,984.599
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Includes the revenue effects of P.L. 104-7 (H.R. 831), P.L. 104-104 (S. 652), P.L. 104-117 (H.R. 2778), P.L. 104-121 (H.R. 3136), P.L. 104-132 (S.  
  735), and P.L. 104-134 (H.R. 3019).                                                                                                                   

    In accordance with the requirements of Public Law 104-4, 
the Unfunded Mandates Reform Act of 1995, JCT has determined 
that the bill contains no intergovernmental mandates, but does 
contain several private sector mandates. These provisions would 
impose direct costs on the private sector of more than $100 
million in each year from 1996-2000. The JCT estimates the 
direct mandate cost of tax increases in H.R. 3448 would total 
$314 million in 1996, and about $4.215 billion over the 1996-
2000 period, as shown below:

                                         Federal Private Sector Mandates                                        
                                    [By fiscal year, in millions of dollars]                                    
----------------------------------------------------------------------------------------------------------------
                                                                  1996      1997      1998      1999      2000  
----------------------------------------------------------------------------------------------------------------
Direct cost of tax increases..................................       314       954       936     1,045       966
----------------------------------------------------------------------------------------------------------------

    Please refer to the enclosed letter for a more detailed 
account of these provisions.
    In addition to these mandates, the bill also provides for 
reductions in taxes. At this point, it is unclear to CBO 
whether these tax reductions should be viewed as offsets to the 
direct costs of the mandates in the bill. JCT estimates that 
the savings to the private sector associated with the tax 
reductions in H.R. 3448 would total $310 million in 1996, and 
about $4.477 billion over the 1996-2000 period, as shown below:

                                         Federal Private Sector Savings                                         
                                    [By fiscal year, in millions of dollars]                                    
----------------------------------------------------------------------------------------------------------------
                                                                  1996      1997      1998      1999      2000  
----------------------------------------------------------------------------------------------------------------
Reductions in taxes...........................................      -310    -1,159      -722      -971    -1,315
----------------------------------------------------------------------------------------------------------------

    Section 252 of the Balanced Budget and Emergency Deficit 
Control Act of 1985 sets up pay-as-you-go procedures for 
legislation affecting receipts or direct spending through 1998. 
Because the bill would affect receipts, pay-as-you-go 
procedures would apply to the bill. These effects are 
summarized in the table below.

                      Pay-as-You-Go Considerations                      
                [By fiscal year, in millions of dollars]                
------------------------------------------------------------------------
                                              1996      1997      1998  
------------------------------------------------------------------------
Changes in receipts.......................        21      -143       308
Changes in outlays........................                              
(2) Not applicable                                                      
------------------------------------------------------------------------

    If you wish further details, please feel free to contact me 
or your staff may wish to contact Stephanie Weiner.
            Sincerely,
                                              James L. Blum
                                   (For June E. O'Neill, Director).
                     Congress of the United States,
                               Joint Committee on Taxation,
                                      Washington, DC, May 17, 1996.
Mrs. June O'Neill,
Director, Congressional Budget Office,
U.S. Congress, Washington, DC.
    Dear Mrs. O'Neill: We have reviewed H.R. 3448, the ``Small 
Business Job Protection Act,'' as amended and ordered to be 
reported by the House Committee on Ways and Means on May 14, 
1996. In accordance with the requirements of Public Law 104-4, 
the Unfunded Mandates Reform Act of 1995 (the ``Unfunded 
Mandates Act''), we have determined that the following revenue 
provisions of the bill contain Federal private sector mandates: 
(1) the provision to repeal 5-year averaging for lump-sum 
distributions from qualified pension plans; (2) the provision 
to repeal the $5,000 exclusion for employee death benefits; (3) 
the provision that would provide a simplified method for taxing 
annuity distributions under qualified pension plans; (4) the 
provision relating to adjustments to basis of inherited S 
corporation stock; (5) the provision to phase out the section 
936 credit; (6) the provision to repeal the 50 percent interest 
income exclusion for financial institution loans to ESOPs; (7) 
the provision to modify the exclusion of damages received on 
account of personal injury or sickness; (8) the provision to 
reform the income forecast method of accounting; (9) the 
provision to apply a look-through the rule for purposes of 
characterizing certain subpart F insurance income as unrelated 
business taxable income; (10) the provision to repeal advance 
refunds of diesel fuel tax for diesel cars and light trucks; 
and (11) the provision to lower the reporting threshold for 
purchasers of fish from $10,000 to $600. The attached revenue 
table (items I.7., III.13., IV.A. 1, 2, and 3, and VI. 1., 2., 
3., 4., 5., and 6.) generally reflects amounts that are no 
greater than the aggregate estimated amounts that the private 
sector will be required to spend in order to comply with these 
Federal private sector mandates. [See Part IV.A of the report 
for a copy of the revenue table.]
    The revenue provisions of the bill, as amended, contain no 
intergovernmental mandates.
    If you would like to discuss this matter in further detail, 
please feel free to contact me at 225-3621. Thank you for your 
cooperation in this matter.
            Sincerely,
                                   Kenneth J. Kies, Chief of Staff.
       V. OTHER MATTERS TO BE DISCUSSED UNDER RULES OF THE HOUSE

          A. Committee Oversight Findings and Recommendations

    With respect to subdivision (A) of clause 2(l)(3) of Rule 
XI of the Rules of the House of Representatives (relating to 
oversight findings), the Committee advises that it was the 
result of the Committee's oversight activities concerning the 
tax impact on small businesses and their workers, extension of 
certain expired tax provisions, tax treatment of subchapter S 
corporations, pension simplification, inclusion of certain 
earnings invested in excess passive assets, tax technical 
corrections, and certain revenue offsets necessary to make the 
bill budget neutral that the Committee concluded that it is 
appropriate and timely to enact the provisions contained in the 
bill as reported.

    B. Summary of Findings and Recommendations of the Committee on 
                    Government Reform and Oversight

    With respect to subdivision (D) of clause 2(l)(3) of Rule 
XI of the Rules of the House of Representatives, the Committee 
advises that no oversight findings or recommendations have been 
submitted to the Committee by the Committee on Government 
Reform and Oversight with respect to the provisions contained 
in the bill.

                    C. Inflationary Impact Statement

    In compliance with clause 2(l)(4) of Rule XI of the Rules 
of the House of Representatives, the Committee states that the 
tax reductions benefiting small businesses and workers are 
offset by certain revenue increases over the fiscal year period 
1996-2003, and therefore the bill will not add to the budget 
deficit. Thus, the bill will not have any inflationary impact 
on costs and prices in the overall national economy.

              D. Information Relating to Unfunded Mandates

    This information is provided in accordance with section 423 
of the Unfunded Mandates Act of 1995 (P.L. 104-4).
    The Committee has determined that the followings provisions 
of the bill contain Federal mandates on the private sector: (1) 
the provision to repeal 5-year averaging for lump-sum 
distributions from qualified pension plans; (2) the provision 
to repeal the $5,000 exclusion for employee death benefits; (3) 
the provision that would provide a simplified method for taxing 
annuity distributions under qualified pension plans; (4) the 
provision relating to adjustments to basis of inherited S 
corporation stock; (5) the provision to phase out the section 
936 credit; (6) the provision to repeal the 50 percent interest 
income exclusion for financial institution loans to ESOPs; (7) 
the provision to modify the exclusion of damages received on 
account of personal injury or sickness; (8) the provision to 
reform the income forecast method of accounting; (9) the 
provision to apply a look-through rule for purposes of 
characterizing certain subpart F insurance income as unrelated 
business taxable income; (10) the provision to repeal advance 
refunds of diesel fuel tax for diesel cars and light trucks; 
and (11) the provision to lower the reporting threshold for 
purchasers of fish from $10,000 to $600.
    The cost required to comply with each mandate generally is 
no greater than the revenue estimate for the provision. 
Benefits from the provisions include improved administration of 
the Federal income tax laws, simplification for individual 
taxpayers, and a more accurate measurement of gross income for 
Federal income tax purposes. The Committee believes the 
benefits of the bill are greater than the costs required to 
comply with the Federal private sector mandates contained in 
the bill.
    The provision to repeal five-year averaging for lump-sum 
distributions from qualified pension plans results in a better 
measurement of gross income for Federal income tax purposes and 
encourages taxpayers to take qualified pension plan 
distributions in a form other than a lump-sum distribution. The 
provision to repeal the $5,000 exclusion for employee death 
benefits results in a better measurement of gross income for 
Federal income tax purposes. The provision to provide a 
simplified method for taxing annuity distributions under 
qualified pension plans generally adopts an alternative method 
for taxing such distributions contained in Treasury regulations 
as the sole method for taxing such distributions and, thereby, 
simplifies the determination for individual taxpayers.
    The provision relating to the adjustment to basis of 
inherited S corporation stock provides that a person acquiring 
stock in an S corporation from a decedent will treat as income 
in respect of a decedent (``IRD'') his or her pro rata share of 
any item of income of the corporation that would have been IRD 
if that item had been acquired directly from the decedent, 
thereby improving the measurement of income for tax purposes.
    The provision to phase out the section 936 credit with 
transition for companies that have existing operations in the 
possessions will result in the better measurement of gross 
income for Federal income tax purposes by eliminating a tax 
benefit enjoyed by only a small number of U.S. corporations 
operating in possessions.
    The provision to repeal the 50-percent interest income 
exclusion for financial institution loans to ESOPs will result 
in a better measurement of the income of such financial 
institutions.
    The provision to modify the exclusion of damages received 
on account of personal injury or sickness will simplify the 
administration of the Federal income tax laws by clarifying the 
taxation of damage awards and eliminating the need for 
additional litigation.
    The provision to reform the income forecast method of 
accounting results in a better matching between income and 
depreciation deductions with respect to certain types of 
depreciable property.
    The provision to apply a look-through rule for purposes of 
characterizing certain subpart F insurance income as unrelated 
business taxable income results in a better measurement of 
income by preventing unfair competition where operations 
involving the insurance of third-party risks are conducted 
through a controlled foreign corporation that generally is 
subject to little tax relative to competing U.S. businesses.
    The provision to repeal advance refunds of diesel fuel tax 
for diesel cars and light trucks results in a better 
measurement of income by repealing an obsolete credit for 
diesel fuel tax.
    The provision to lower the reporting threshold for 
purchasers of fish from $10,000 to $600 will result in a better 
administration of the Federal tax laws by ensuring that the 
Internal Revenue Service has information reports with respect 
to more sales of fish.
    The revenue-raising provisions of the bill are used to 
offset the cost of certain small business initiatives 
(including increased expensing, extension of the FICA tip 
credit to certain delivery persons, and pension and S 
corporation simplification provisions) and the extension of 
certain expiring provisions. These provisions are generally 
designed to relieve the burdens of Federal income taxation on 
individuals and small business and the revenue-raising 
provisions of the bill are critical to achieving these goals.
    The revenue provisions of the bill do not contain any 
intergovernmental mandates.
    The revenue provisions of the bill generally affect 
activities that are only engaged in by the private sector and, 
thus, do not affect the competitive balance between State, 
local, or tribal governments and the private sector.

                 E. Applicability of House Rule XXI5(c)

    Rule XXI5(c) of the Rules of the House of Representatives 
provides that ``No bill or joint resolution, amendment, or 
conference report carrying a Federal income tax rate increase 
shall be considered as passed or agreed to unless so determined 
by a vote of not less than three-fifths of the Members 
voting.'' The Committee has carefully reviewed the provisions 
of the bill to determine whether any of these provisions 
constitute a Federal income tax rate increase within the 
meaning of the House rules. It is the opinion of the Committee 
that there is no provision in the bill that constitutes a 
Federal income tax rate increase within the meaning of House 
rule XXI5 (c) or (d).
       VI. CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

  In compliance with clause 3 of rule XIII of the Rules of the 
House of Representatives, changes in existing law made by the 
bill, as reported, are shown as follows (existing law proposed 
to be omitted is enclosed in black brackets, new matter is 
printed in italic, existing law in which no change is proposed 
is shown in roman):

                     INTERNAL REVENUE CODE OF 1986

          * * * * * * *

                        Subtitle A--Income Taxes

          * * * * * * *

                  CHAPTER 1--NORMAL TAXES AND SURTAXES

          * * * * * * *

              Subchapter A--Determination of Tax Liability

          * * * * * * *

                       PART I--TAX ON INDIVIDUALS

          * * * * * * *

SEC. 1. TAX IMPOSED.

  (a) * * *
          * * * * * * *
  (g) Certain Unearned Income of Minor Children Taxed as if 
Parent's Income.--
          (1)  * * *
          * * * * * * *
          (7) Election to claim certain unearned income of 
        child on parent's return.--
                  (A) In general.--
  If--
                          (i) any child to whom this subsection 
                        applies has gross income for the 
                        taxable year only from interest and 
                        dividends (including Alaska Permanent 
                        Fund dividends),
                          [(ii) such gross income is more than 
                        $500 and less than $5,000,]
                          (ii) such gross income is more than 
                        the amount described in paragraph 
                        (4)(A)(ii)(I) and less than 10 times 
                        the amount so described,
          * * * * * * *
                  (B) Income included on parent's return.--In 
                the case of a parent making the election under 
                this paragraph--
                          (i) the gross income of each child to 
                        whom such election applies (to the 
                        extent the gross income of such child 
                        exceeds [$1,000] twice the amount 
                        described in paragraph (4)(A)(ii)(I)) 
                        shall be included in such parent's 
                        gross income for the taxable year,
                          (ii) the tax imposed by this section 
                        for such year with respect to such 
                        parent shall be the amount equal to the 
                        sum of--
                                  (I) the amount determined 
                                under this section after the 
                                application of clause (i), plus
                                  [(II) for each such child, 
                                the lesser of $75 or 15 percent 
                                of the excess of the gross 
                                income of such child over $500, 
                                and]
                                  (II) for each such child, 15 
                                percent of the lesser of the 
                                amount described in paragraph 
                                (4)(A)(ii)(I) or the excess of 
                                the gross income of such child 
                                over the amount so described, 
                                and
          * * * * * * *

                      PART IV--CREDITS AGAINST TAX

        Subpart A. Nonrefundable personal credits.
     * * * * * * *
        Subpart F. Rules for computing [targeted jobs credit] work 
                  opportunity credit.
          * * * * * * *

                      PART IV--CREDITS AGAINST TAX

          * * * * * * *

                  Subpart B--Foreign Tax Credit, Etc.

        Sec. 27. Taxes of foreign countries and possessions of the 
                  United States; possession tax credit.
     * * * * * * *
        Sec. 30A. Puerto Rican economic activity credit.
     * * * * * * *

SEC. 30. CREDIT FOR QUALIFIED ELECTRIC VEHICLES.

  (a)  * * *
          * * * * * * *
  (d) Special Rules.--
          (1) Basis reduction.--The basis of any property for 
        which a credit is allowable under subsection (a) shall 
        be reduced by the amount of such credit (determined 
        without regard to subsection (b)(3)).
          * * * * * * *
          (4) Election to not take credit.--No credit shall be 
        allowed under subsection (a) for any vehicle if the 
        taxpayer elects to not have this section apply to such 
        vehicle.
          * * * * * * *

SEC. 30A. PUERTO RICAN ECONOMIC ACTIVITY CREDIT.

  (a) Allowance of Credit.--
          (1) In general.--Except as otherwise provided in this 
        section, if the conditions of both paragraph (1) and 
        paragraph (2) of subsection (b) are satisfied with 
        respect to a qualified domestic corporation, there 
        shall be allowed as a credit against the tax imposed by 
        this chapter an amount equal to the portion of the tax 
        which is attributable to the taxable income, from 
        sources without the United States, from--
                  (A) the active conduct of a trade or business 
                within Puerto Rico, or
                  (B) the sale or exchange of substantially all 
                of the assets used by the taxpayer in the 
                active conduct of such trade or business.
        In the case of any taxable year beginning after 
        December 31, 2001, the aggregate amount of taxable 
        income taken into account under the preceding sentence 
        (and in applying subsection (d)) shall not exceed the 
        adjusted base period income of such corporation, as 
        determined in the same manner as under section 936(j).
          (2) Qualified domestic corporation.--For purposes of 
        paragraph (1), the term ``qualified domestic 
        corporation'' means a domestic corporation--
                  (A) which is an existing credit claimant with 
                respect to Puerto Rico, and
                  (B) with respect to which section 
                936(a)(4)(B) does not apply for the taxable 
                year.
          (3) Separate application.--For purposes of 
        determining--
                  (A) whether a taxpayer is an existing credit 
                claimant with respect to Puerto Rico, and
                  (B) the amount of the credit allowed under 
                this section,
        this section (and so much of section 936 as relates to 
        this section) shall be applied separately with respect 
        to Puerto Rico.
  (b) Conditions Which Must Be Satisfied.--The conditions 
referred to in subsection (a) are--
          (1) 3-year period.--If 80 percent or more of the 
        gross income of the qualified domestic corporation for 
        the 3-year period immediately preceding the close of 
        the taxable year (or for such part of such period 
        immediately preceding the close of such taxable year as 
        may be applicable) was derived from sources within a 
        possession (determined without regard to section 
        904(f)).
          (2) Trade or business.--If 75 percent or more of the 
        gross income of the qualified domestic corporation for 
        such period or such part thereof was derived from the 
        active conduct of a trade or business within a 
        possession.
  (c) Credit Not Allowed Against Certain Taxes.--The credit 
provided by subsection (a) shall not be allowed against the tax 
imposed by--
          (1) section 59A (relating to environmental tax),
          (2) section 531 (relating to the tax on accumulated 
        earnings),
          (3) section 541 (relating to personal holding company 
        tax), or
          (4) section 1351 (relating to recoveries of foreign 
        expropriation losses).
  (d) Limitations on Credit for Active Business Income.--The 
amount of the credit determined under subsection (a) for any 
taxable year shall not exceed the sum of the following amounts:
          (1) 60 percent of the sum of--
                  (A) the aggregate amount of the qualified 
                domestic corporation's qualified possession 
                wages for such taxable year, plus
                  (B) the allocable employee fringe benefit 
                expenses of the qualified domestic corporation 
                for such taxable year.
          (2) The sum of--
                  (A) 15 percent of the depreciation allowances 
                for the taxable year with respect to short-life 
                qualified tangible property,
                  (B) 40 percent of the depreciation allowances 
                for the taxable year with respect to medium-
                life qualified tangible property, and
                  (C) 65 percent of the depreciation allowances 
                for the taxable year with respect to long-life 
                qualified tangible property.
          (3) If the qualified domestic corporation does not 
        have an election to use the method described in section 
        936(h)(5)(C)(ii) (relating to profit split) in effect 
        for the taxable year, the amount of the qualified 
        possession income taxes for the taxable year allocable 
        to nonsheltered income.
  (e) Administrative Provisions.--For purposes of this title--
          (1) the provisions of section 936 (including any 
        applicable election thereunder) shall apply in the same 
        manner as if the credit under this section were a 
        credit under section 936(a)(1)(A) for a domestic 
        corporation to which section 936(a)(4)(A) applies,
          (2) the credit under this section shall be treated in 
        the same manner as the credit under section 936, and
          (3) a corporation to which this section applies shall 
        be treated in the same manner as if it were a 
        corporation electing the application of section 936.
  (f) Definitions.--For purposes of this section, any term used 
in this section which is also used in section 936 shall have 
the same meaning given such term by section 936.
  (g) Application of Section.--This section shall apply to 
taxable years beginning after December 31, 1995, and before 
January 1, 2006.

                     Subpart C--Refundable Credits

          * * * * * * *

SEC. 34. CERTAIN USES OF GASOLINE AND SPECIAL FUELS.

  (a) General Rule.--There shall be allowed as a credit against 
the tax imposed by this subtitle for the taxable year an amount 
equal to the sum of the amounts payable to the taxpayer--
          (1)  * * *
          * * * * * * *
          [(3) under section 6427--
                  [(A) with respect to fuels used for 
                nontaxable purposes or resold, or
                  [(B) with respect to any qualified diesel-
                powered highway vehicle purchased (or deemed 
                purchased under section 6427(g)(6)), during the 
                taxable year (determined without regard to 
                section 6427(k)).]
          (3) under section 6427 with respect to fuels used for 
        nontaxable purposes or resold during the taxable year 
        (determined without regard to section 6427(k)).
          * * * * * * *

                  Subpart D--Business Related Credits

          * * * * * * *

SEC. 38. GENERAL BUSINESS CREDIT.

  (a)  * * *
  (b) Current Year Business Credit.--For purposes of this 
subpart, the amount of the current year business credit is the 
sum of the following credits determined for the taxable year:
          (1) the investment credit determined under section 
        46,
          (2) the [targeted jobs credit] work opportunity 
        credit determined under section 51(a),
          * * * * * * *

SEC. 39. CARRYBACK AND CARRYFORWARD OF UNUSED CREDITS.

  (a)  * * *
          * * * * * * *
  (d) Transitional Rules.--
          (1)  * * *
          * * * * * * *
          (5) No carryback of section [45] 45a credit before 
        enactment.--No portion of the unused business credit 
        for any taxable year which is attributable to the 
        Indian employment credit determined under section 45A 
        may be carried to a taxable year ending before the date 
        of the enactment of section 45A.
          (6) No carryback of section [45] 45b credit before 
        enactment.--No portion of the unused business credit 
        for any taxable year which is attributable to the 
        employer social security credit determined under 
        section 45B may be carried back to a taxable year 
        ending before the date of the enactment of section 45B.

SEC. 40. ALCOHOL USED AS FUEL.

  (a)  * * *
          * * * * * * *
  (e) Termination.--
          (1) In general.--This section shall not apply to any 
        sale or use--
                  (A) for any period after December 31, 2000, 
                or
                  [(B) for any period before January 1, 2001, 
                during which the Highway Trust Fund financing 
                rate under section 4081(a)(2) is not in 
                effect.]
                  (B) for any period before January 1, 2001, 
                during which the rates of tax under section 
                4081(a)(2)(A) are 4.3 cents per gallon.
          * * * * * * *

SEC. 42. LOW-INCOME HOUSING CREDIT.

  (a) * * *
          * * * * * * *
  (c) Qualified Basis; Qualified Low-Income Building.--For 
purposes of this section--
          (1) * * *
          (2) Qualified low-income building.--The term 
        ``qualified low-income building'' means any building--
                  (A) which is part of a qualified low-income 
                housing project at all times during the 
                period--
                          (i) beginning on the 1st day in the 
                        compliance period on which such 
                        building is part of such a project, and
                          (ii) ending on the last day of the 
                        compliance period with respect to such 
                        building, and
                  (B) to which the amendments made by section 
                201(a) of the Tax Reform Act of 1986 apply.
Such term does not include any building with respect to which 
moderate rehabilitation assistance is provided, at any time 
during the compliance period, under section 8(e)(2) of the 
United States Housing Act of 1937 (other than assistance under 
the Stewart B. McKinney Homeless Assistance Act [of 1988] (as 
in effect on the date of the enactment of this sentence)).
          * * * * * * *

SEC. 45B. CREDIT FOR PORTION OF EMPLOYER SOCIAL SECURITY TAXES PAID 
                    WITH RESPECT TO EMPLOYEE CASH TIPS.

  (a) * * *
  (b) Excess Employer Social Security Tax--For purposes of this 
section--
          (1) In general.--The term ``excess employer social 
        security tax'' means any tax paid by an employer under 
        section 3111 with respect to tips received by an 
        employee during any month, to the extent such tips--
                  (A) are deemed to have been paid by the 
                employer to the employee pursuant to section 
                3121(q) (without regard to whether such tips 
                are reported under section 6053), and
          * * * * * * *
          [(2) Only tips received at food and beverage 
        establishments taken into account.--In applying 
        paragraph (1), there shall be taken into account only 
        tips received from customers in connection with the 
        provision of food or beverages for consumption on the 
        premises of an establishment with respect to which the 
        tipping of employees serving food or beverages by 
        customers is customary.]
          (2) Only tips received for food or beverages taken 
        into account.--In applying paragraph (1), there shall 
        be taken into account only tips received from customers 
        in connection with the delivering or serving of food or 
        beverages for consumption if the tipping of employees 
        delivering or serving food or beverages by customers is 
        customary.
          * * * * * * *

            Subpart E--Rules for Computing Investment Credit

          * * * * * * *

SEC. 50. OTHER SPECIAL RULES.

  (a) Recapture In Case of Dispositions, Etc.--Under 
regulations prescribed by the Secretary--
          (1) * * *
          (2) Property ceases to qualify for progress 
        expenditures.--
                  (A) * * *
                  (C) Certain sales and leasebacks.--Under 
                regulations prescribed by the Secretary, a sale 
                by, and leaseback to, a taxpayer who, when the 
                property is placed in service, will be a lessee 
                to whom the rules referred to in [subsection 
                (c)(4)] subsection (d)(5) apply shall not be 
                treated as a cessation described in 
                subparagraph (A) to the extent that the amount 
                which will be passed through to the lessee 
                under such rules with respect to such property 
                is not less than the qualified rehabilitation 
                expenditures properly taken into account by the 
                lessee under section 47(d) with respect to such 
                property.
          * * * * * * *
                  (E) Special rules.--Rules similar to the 
                rules of this paragraph shall apply in cases 
                where qualified progress expenditures were 
                taken into account under the rules referred to 
                in [section 48(a)(5)(A)] section 48(a)(5).
          * * * * * * *

Subpart F--Rules for Computing [Targeted Jobs Credit] Work Opportunity 
                                 Credit

          * * * * * * *

SEC. 51. AMOUNT OF CREDIT.

  (a) Determination of Amount.--For purposes of section 38, the 
amount of the [targeted jobs credit] work opportunity credit 
determined under this section for the taxable year shall be 
equal to [40 percent] 35 percent of the qualified first-year 
wages for such year.
          * * * * * * *
  (c) Wages Defined.--For purposes of this subpart--
          (1) In general.---Except as otherwise provided in 
        this subsection[, subsection (d)(8)(D),] and subsection 
        (h)(2), the term ``wages'' has the meaning given to 
        such term by subsection (b) of section 3306 (determined 
        without regard to any dollar limitation contained in 
        such section).
          * * * * * * *
          [(4) Termination.--The term ``wages'' shall not 
        include any amount paid or incurred to an individual 
        who begins work for the employer after December 31, 
        1994.]
          (4) Termination.--The term ``wages'' shall not 
        include any amount paid or incurred to an individual 
        who begins work for the employer--
                  (A) after December 31, 1994, and before July 
                1, 1996, or
                  (B) after June 30, 1997.
  [(d) Members of Targeted Groups.--For purposes of this 
subpart--
          [(1) In general.--An individual is a member of a 
        targeted group if such individual is--
                  [(A) a vocational rehabilitation referral,
                  [(B) an economically disadvantaged youth,
                  [(C) an economically disadvantaged Vietnam-
                era veteran,
                  [(D) an SSI recipient,
                  [(E) a general assistance recipient,
                  [(F) a youth participating in a cooperative 
                education program,
                  [(G) an economically disadvantaged ex-
                convict,
                  [(H) an eligible work incentive employee,
                  [(I) an involuntarily terminated CETA 
                employee, or
                  [(J) a qualified summer youth employee.
          [(2) Vocational rehabilitation referral.--The term 
        ``vocational rehabilitation referral'' means any 
        individual who is certified by the designated local 
        agency as--
                  [(A) having a physical or mental disability 
                which, for such individual, constitutes or 
                results in a substantial handicap to 
                employment, and
                  [(B) having been referred to the employer 
                upon completion of (or while receiving) 
                rehabilitative services pursuant to--
                          [(i) an individualized written 
                        rehabilitation plan under a State plan 
                        for vocational rehabilitation services 
                        approved under the Rehabilitation Act 
                        of 1973, or
                          [(ii) a program of vocational 
                        rehabilitation carried out under 
                        chapter 31 of title 38, United States 
                        Code.
          [(3) Economically disadvantaged youth.--
                  [(A) In general.--The term ``economically 
                disadvantaged youth'' means any individual who 
                is certified by the designated local agency 
                as--
                          [(i) meeting the age requirements of 
                        subparagraph (B), and
                          [(ii) being a member of an 
                        economically disadvantaged family (as 
                        determined under paragraph (11)).
                  [(B) Age requirements.--An individual meets 
                the age requirements of this subparagraph if 
                such individual has attained age 18 but not age 
                23 on the hiring date.
          [(4) Vietnam veteran who is a member of an 
        economically disadvantaged family.--The term ``Vietnam 
        veteran who is a member of an economically 
        disadvantaged family'' means any individual who is 
        certified by the designated local agency as---
                  [(A)(i) having served on active duty (other 
                than active duty for training) in the Armed 
                Forces of the United States for a period of 
                more than 180 days, any part of which occurred 
                after August 4, 1964, and before May 8, 1975, 
                or
                  [(ii) having been discharged or released from 
                active duty in the Armed Forces of the United 
                States for a service-connected disability if 
                any part of such active duty was performed 
                after August 4, 1964, and before May 8, 1975,
                  [(B) not having any day during the 
                preemployment period which was a day of 
                extended active duty in the Armed Forces of the 
                United States, and
                  [(C) being a member of an economically 
                disadvantaged family (determined under 
                paragraph (11)).
        For purposes of subparagraph (B), the term ``extended 
        active duty'' means a period of more than 90 days 
        during which the individual was on active duty (other 
        than active duty for training).
          [(5) SSI recipients.--The term ``SSI recipient'' 
        means any individual who is certified by the designated 
        local agency as receiving supplemental security income 
        benefits under title XVI of the Social Security Act 
        (including supplemental security income benefits of the 
        type described in section 1616 of such Act or section 
        212 of Public Law 93-66) for any month ending in the 
        pre-employment period.
          [(6) General assistance recipients.--
                  [(A) In general.--The term ``general 
                assistance recipient'' means any individual who 
                is certified by the designated local agency as 
                receiving assistance under a qualified general 
                assistance program for any period of not less 
                than 30 days ending within the preemployment 
                period.
                  [(B) Qualified general assistance program.--
                The term ``qualified general assistance 
                program'' means any program of a State or a 
                political subdivision of a State--
                          [(i) which provides general 
                        assistance or similar assistance 
                        which--
                                  [(I) is based on need, and
                                  [(II) consists of money 
                                payments or voucher or scrip, 
                                and
                          [(ii) which is designated by the 
                        Secretary (after consultation with the 
                        Secretary of Health and Human Services) 
                        as meeting the requirements of clause 
                        (i).
          [(7) Economically disadvantaged ex-convict.--The term 
        ``economically disadvantaged ex-convict'' means any 
        individual who is certified by the designated local 
        agency--
                  [(A) as having been convicted of a felony 
                under any statute of the United States or any 
                State,
                  [(B) as being a member of an economically 
                disadvantaged family (as determined under 
                paragraph (11)), and
                  [(C) as having a hiring date which is not 
                more than 5 years after the last date on which 
                such individual was so convicted or was 
                released from prison.
          [(8) Youth participating in a qualified cooperative 
        education program.--
          [(A) In general.--The term ``youth participating in a 
        qualified cooperative education program'' means any 
        individual who is certified by the school participating 
        in the program as--
                  [(i) having attained age 16 and not having 
                attained age 20,
                  [(ii) not having graduated from a high school 
                or vocational school,
                  [(iii) being enrolled in and actively 
                pursuing a qualified cooperative education 
                program, and
                  [(iv) being a member of an economically 
                disadvantaged family (as determined under 
                paragraph (11)).
          [(B) Qualified cooperative education program 
        defined.--The term ``qualified cooperative education 
        program'' means a program of vocational education for 
        individuals who (through written cooperative 
        arrangements between a qualified school and 1 or more 
        employers) receive instruction (including required 
        academic instruction) by alternation of study and 
        school with a job in any occupational field (but only 
        if these 2 experiences are planned by the school and 
        employer so that each contributes to the student's 
        education and employability).
          [(C) Qualified school defined.--The term ``qualified 
        school'' means--
                  [(i) a specialized high school used 
                exclusively or principally for the provision of 
                vocational education to individuals who are 
                available for study in preparation for entering 
                the labor market,
                  [(ii) the department of a high school 
                exclusively or principally used for providing 
                vocational education to persons who are 
                available for study in preparation for entering 
                the labor market, or
                  [(iii) a technical or vocational school used 
                exclusively or principally for the provision of 
                vocational education to persons who have 
                completed or left high school and who are 
                available for study in preparation for entering 
                the labor market.
        A school which is not a public school shall be treated 
        as a qualified school only if it is exempt from tax 
        under section 501(a).
          [(D) Wages.--In the case of remuneration attributable 
        to services performed while the individual meets the 
        requirements of clauses (i), (ii), and (iii) of 
        subparagraph (A), wages, and unemployment insurance 
        wages, shall be determined without regard to section 
        3306(c)(10)(C).
          [(9) Eligible work incentive employees.--The term 
        ``eligible work incentive employee'' means an 
        individual who has been certified by the designated 
        local agency as--
                  [(A) being eligible for financial assistance 
                under part A of title IV of the Social Security 
                Act and as having continually received such 
                financial assistance during the 90-day period 
                which immediately precedes the date on which 
                such individual is hired by the employer, or
                  [(B) having been placed in employment under a 
                work incentive program established under 
                section 432(b)(1) or 445 of the Social Security 
                Act.
          [(10) Involuntarily terminated ceta employee.--The 
        term ``involuntarily terminated CETA employee'' means 
        an individual who is certified by the designated local 
        agency as having been involuntarily terminated after 
        December 31, 1980, from employment financed in whole or 
        in part under a program under part D of title II or 
        title VI of the Comprehensive Employment and Training 
        Act. This paragraph shall not apply to any individual 
        who begins work for the employer after December 31, 
        1982.
          [(11) Members of economically disadvantaged 
        families.---An individual is a member of an 
        economically disadvantaged family if the designated 
        local agency determines that such individual was a 
        member of a family which had an income during the 6 
        months immediately preceding the earlier of the month 
        in which such determination occurs or the month in 
        which the hiring date occurs, which, on an annual 
        basis, would be 70 percent or less of the Bureau of 
        Labor Statistics lower living standard. Any such 
        determination shall be valid for the 45-day period 
        beginning on the date such determination is made. Any 
        such determination with respect to an individual who is 
        a qualified summer youth employee or youth 
        participating in a qualified cooperative education 
        program with respect to any employer shall also apply 
        for purposes of determining whether such individual is 
        a member of another targeted group with respect to such 
        employer.
          [(12) Qualified summer youth employee.--
                  [(A) In general.--The term ``qualified summer 
                youth employee'' means an individual--
                          [(i) who performs services for the 
                        employer between May 1 and September 
                        15,
                          [(ii) who is certified by the 
                        designated local agency as having 
                        attained age 16 but not 18 on the 
                        hiring date (or if later, on May 1 of 
                        the calendar year involved),
                          [(iii) who has not been an employee 
                        of the employer during any period prior 
                        to the 90-day period described in 
                        subparagraph (B)(iii), and
                          [(iv) who is certified by the 
                        designated local agency as being a 
                        member of an economically disadvantaged 
                        family (as determined under paragraph 
                        (11)).
                  [(B) Special rules for determining amount of 
                credit.--For purposes of applying this subpart 
                to wages paid or incurred to any qualified 
                summer youth employee--
                          [(i) subsection (b)(2) shall be 
                        applied by substituting ``any 90-day 
                        period between May 1 and September 15'' 
                        for ``the 1-year period beginning with 
                        the day the individual begins work for 
                        the employer'', and
                          [(ii) subsection (b)(3) shall be 
                        applied by substituting ``$3,000'' for 
                        ``$6,000''.
                  [(C) Special rule for continued employment 
                for same employer.---In the case of an 
                individual who, with respect to the same 
                employer, is certified as a member of another 
                targeted group after such individual has been a 
                qualified summer youth employee, paragraph (14) 
                shall be applied by substituting ``certified'' 
                for ``hired by the employer''.
          [(13) Preemployment period.--The term ``preemployment 
        period'' means the 60-day period ending on the hiring 
        date.
          [(14) Hiring date.--The term ``hiring date'' means 
        the day the individual is hired by the employer.
          [(15) Designated local agency.--The term ``designated 
        local agency'' means a State employment security agency 
        established in accordance with the Act of June 6, 1933, 
        as amended (29 U.S.C. 49-49n).
          [(16) Special rules for certifications.--
                  [(A) In general.--An individual shall not be 
                treated as a member of a targeted group unless, 
                on or before the day on which such individual 
                begins work for the employer, the employer--
                          [(i) has received a certification 
                        from a designated local agency that 
                        such individual is a member of a 
                        targeted group, or
                          [(ii) has requested in writing such 
                        certification from the designated local 
                        agency.
                For purposes of the preceding sentence, if on 
                or before the day on which such individual 
                begins work for the employer, such individual 
                has received from a designated local agency (or 
                other agency or organization designated 
                pursuant to a written agreement with such 
                designated local agency) a written preliminary 
                determination that such individual is a member 
                of a targeted group, then ``the fifth day'' 
                shall be substituted for ``the day'' in such 
                sentence.
                  [(B) Incorrect certifications.--If--
                          [(i) an individual has been certified 
                        as a member of a targeted group, and
                          [(ii) such certification is incorrect 
                        because it was based on false 
                        information provided by such 
                        individual, the certification shall be 
                        revoked and wages paid by the employer 
                        after the date on which notice of 
                        revocation is received by the employer 
                        shall not be treated as qualified 
                        wages.
                  [(C) Employer request must specify potential 
                basis for eligibility.--In any request for a 
                certification of an individual as a member of a 
                targeted group, the employer shall--
                          [(i) specify each subparagraph (but 
                        not more than 2) of paragraph (1) by 
                        reason of which the employer believes 
                        that such individual is such a member, 
                        and
                          [(ii) certify that a good faith 
                        effort was made to determine that such 
                        individual is such a member.]
  (d) Members of Targeted Groups.--For purposes of this 
subpart--
          (1) In general.--An individual is a member of a 
        targeted group if such individual is--
                  (A) a qualified IV-A recipient,
                  (B) a qualified veteran,
                  (C) a qualified ex-felon,
                  (D) a high-risk youth,
                  (E) a vocational rehabilitation referral, or
                  (F) a qualified summer youth employee.
          (2) Qualified IV-A recipient.--
                  (A) In general.--The term ``qualified IV-A 
                recipient'' means any individual who is 
                certified by the designated local agency as 
                being a member of a family receiving assistance 
                under a IV-A program for at least a 9-month 
                period ending during the 9-month period ending 
                on the hiring date.
                  (B) IV-A program.--For purposes of this 
                paragraph, the term ``IV-A program'' means any 
                program providing assistance under a State plan 
                approved under part A of title IV of the Social 
                Security Act (relating to assistance for needy 
                families with minor children) and any successor 
                of such program.
          (3) Qualified veteran.--
                  (A) In general.--The term ``qualified 
                veteran'' means any veteran who is certified by 
                the designated local agency as being--
                          (i) a member of a family receiving 
                        assistance under a IV-A program (as 
                        defined in paragraph (2)(B)) for at 
                        least a 9-month period ending during 
                        the 12-month period ending on the 
                        hiring date, or
                          (ii) a member of a family receiving 
                        assistance under a food stamp program 
                        under the Food Stamp Act of 1977 for at 
                        least a 3-month period ending during 
                        the 12-month period ending on the 
                        hiring date.
                  (B) Veteran.--For purposes of subparagraph 
                (A), the term ``veteran'' means any individual 
                who is certified by the designated local agency 
                as--
                          (i)(I) having served on active duty 
                        (other than active duty for training) 
                        in the Armed Forces of the United 
                        States for a period of more than 180 
                        days, or
                          (II) having been discharged or 
                        released from active duty in the Armed 
                        Forces of the United States for a 
                        service-connected disability, and
                          (ii) not having any day during the 
                        60-day period ending on the hiring date 
                        which was a day of extended active duty 
                        in the Armed Forces of the United 
                        States.
                For purposes of clause (ii), the term 
                ``extended active duty'' means a period of more 
                than 90 days during which the individual was on 
                active duty (other than active duty for 
                training).
          (4) Qualified ex-felon.--The term ``qualified ex-
        felon'' means any individual who is certified by the 
        designated local agency--
                  (A) as having been convicted of a felony 
                under any statute of the United States or any 
                State,
                  (B) as having a hiring date which is not more 
                than 1 year after the last date on which such 
                individual was so convicted or was released 
                from prison, and
                  (C) as being a member of a family which had 
                an income during the 6 months immediately 
                preceding the earlier of the month in which 
                such income determination occurs or the month 
                in which the hiring date occurs, which, on an 
                annual basis, would be 70 percent or less of 
                the Bureau of Labor Statistics lower living 
                standard.
        Any determination under subparagraph (C) shall be valid 
        for the 45-day period beginning on the date such 
        determination is made.
          (5) High-risk youth.--
                  (A) In general.--The term ``high-risk youth'' 
                means any individual who is certified by the 
                designated local agency--
                          (i) as having attained age 18 but not 
                        age 25 on the hiring date, and
                          (ii) as having his principal place of 
                        abode within an empowerment zone or 
                        enterprise community.
                  (B) Youth must continue to reside in zone.--
                In the case of a high-risk youth, the term 
                ``qualified wages'' shall not include wages 
                paid or incurred for services performed while 
                such youth's principal place of abode is 
                outside an empowerment zone or enterprise 
                community.
          (6) Vocational rehabilitation referral.--The term 
        ``vocational rehabilitation referral'' means any 
        individual who is certified by the designated local 
        agency as--
                  (A) having a physical or mental disability 
                which, for such individual, constitutes or 
                results in a substantial handicap to 
                employment, and
                  (B) having been referred to the employer upon 
                completion of (or while receiving) 
                rehabilitative services pursuant to--
                          (i) an individualized written 
                        rehabilitation plan under a State plan 
                        for vocational rehabilitation services 
                        approved under the Rehabilitation Act 
                        of 1973, or
                          (ii) a program of vocational 
                        rehabilitation carried out under 
                        chapter 31 of title 38, United States 
                        Code.
          (7) Qualified summer youth employee.--
                  (A) In general.--The term ``qualified summer 
                youth employee'' means any individual--
                          (i) who performs services for the 
                        employer between May 1 and September 
                        15,
                          (ii) who is certified by the 
                        designated local agency as having 
                        attained age 16 but not 18 on the 
                        hiring date (or if later, on May 1 of 
                        the calendar year involved),
                          (iii) who has not been an employee of 
                        the employer during any period prior to 
                        the 90-day period described in 
                        subparagraph (B)(i), and
                          (iv) who is certified by the 
                        designated local agency as having his 
                        principal place of abode within an 
                        empowerment zone or enterprise 
                        community.
                  (B) Special rules for determining amount of 
                credit.--For purposes of applying this subpart 
                to wages paid or incurred to any qualified 
                summer youth employee--
                          (i) subsection (b)(2) shall be 
                        applied by substituting ``any 90-day 
                        period between May 1 and September 15'' 
                        for ``the 1-year period beginning with 
                        the day the individual begins work for 
                        the employer'', and
                          (ii) subsection (b)(3) shall be 
                        applied by substituting ``$3,000'' for 
                        ``$6,000''.
                The preceding sentence shall not apply to an 
                individual who, with respect to the same 
                employer, is certified as a member of another 
                targeted group after such individual has been a 
                qualified summer youth employee.
                  (C) Youth must continue to reside in zone.--
                Paragraph (5)(B) shall apply for purposes of 
                this paragraph.
          (8) Hiring date.--The term ``hiring date'' means the 
        day the individual is hired by the employer.
          (9) Designated local agency.--The term ``designated 
        local agency'' means a State employment security agency 
        established in accordance with the Act of June 6, 1933, 
        as amended (29 U.S.C. 49-49n).
          (10) Special rules for certifications.--
                  (A) In general.--An individual shall not be 
                treated as a member of a targeted group 
                unless--
                          (i) on or before the day on which 
                        such individual begins work for the 
                        employer, the employer has received a 
                        certification from a designated local 
                        agency that such individual is a member 
                        of a targeted group, or
                          (ii)(I) on or before the day the 
                        individual is offered employment with 
                        the employer, a pre-screening notice is 
                        completed by the employer with respect 
                        to such individual, and
                          (II) not later than the 14th day 
                        after the individual begins work for 
                        the employer, the employer submits such 
                        notice, signed by the employer and the 
                        individual under penalties of perjury, 
                        to the designated local agency as part 
                        of a written request for such a 
                        certification from such agency.
                For purposes of this paragraph, the term ``pre-
                screening notice'' means a document (in such 
                form as the Secretary shall prescribe) which 
                contains information provided by the individual 
                on the basis of which the employer believes 
                that the individual is a member of a targeted 
                group.
                  (B) Incorrect certifications.--If--
                          (i) an individual has been certified 
                        by a designated local agency as a 
                        member of a targeted group, and
                          (ii) such certification is incorrect 
                        because it was based on false 
                        information provided by such 
                        individual,
                the certification shall be revoked and wages 
                paid by the employer after the date on which 
                notice of revocation is received by the 
                employer shall not be treated as qualified 
                wages.
                  (C) Explanation of denial of request.--If a 
                designated local agency denies a request for 
                certification of membership in a targeted 
                group, such agency shall provide to the person 
                making such request a written explanation of 
                the reasons for such denial.
          * * * * * * *
  (i) Certain Individuals Ineligible.--
          (1) * * *
          * * * * * * *
          [(3) Individuals not meeting minimum employment 
        period.--No wages shall be taken into account under 
        subsection (a) with respect to any individual unless 
        such individual either--
                  [(A) is employed by the employer at least 90 
                days (14 days in the case of an individual 
                described in subsection (d)(12)), or
                  [(B) has completed at least 120 hours (20 
                hours in the case of an individual described in 
                subsection (d)(12)) of services performed for 
                the employer.]
          (3) Individuals not meeting minimum employment 
        period.--No wages shall be taken into account under 
        subsection (a) with respect to any individual unless 
        such individual either--
                  (A) is employed by the employer at least 180 
                days (20 days in the case of a qualified summer 
                youth employee), or
                  (B) has completed at least 500 hours (120 
                hours in the case of a qualified summer youth 
                employee) of services performed for the 
                employer.
          * * * * * * *

   Subpart G--Credit Against Regular Tax for Prior Year Minimum Tax 
                               Liability

          * * * * * * *

SEC. 53. CREDIT FOR PRIOR YEAR MINIMUM TAX LIABILITY.

  (a) * * *
          * * * * * * *
  (d) Definitions.--For purposes of this section--
          (1) Net minimum tax.--
                  (A) In general.--The term ``net minimum tax'' 
                means the tax imposed by section 55.
                  (B) Credit not allowed for exclusion 
                preferences.--
                          (i) * * *
          * * * * * * *
                          (iv) Credit allowable for exclusion 
                        preferences of corporations.--In the 
                        case of a corporation---
                                  (I) the preceding provisions 
                                of this subparagraph shall not 
                                apply, and
                                  [(II) the adjusted net 
                                minimum tax for any taxable 
                                year is the amount of the net 
                                minimum tax for such year 
                                increased by the amount of any 
                                credit not allowed under 
                                section 29 solely by reason of 
                                the application of section 
                                29(b)(5)(B) or not allowed 
                                under section 28 solely by 
                                reason of the application of 
                                section 28(d)(2)(B).]
                                  (II) the adjusted net minimum 
                                tax for any taxable year is the 
                                amount of the net minimum tax 
                                for such year increased in the 
                                manner provided in clause 
                                (iii).
          * * * * * * *

                   PART VI--ALTERNATIVE MINIMUM WAGE

          * * * * * * *

SEC. 55. ALTERNATIVE MINIMUM TAX IMPOSED.

  (a) * * *
          * * * * * * *
  (c) Regular Tax.--
          (1) In general.--For purposes of this section, the 
        term ``regular tax'' means the regular tax liability 
        for the taxable year (as defined in section 26(b)) 
        reduced by the foreign tax credit allowable under 
        section 27(a) [and the section 936 credit allowable 
        under section 27(b)], the section 936 credit allowable 
        under section 27(b), and the Puerto Rican economic 
        activity credit under section 30A. Such term [shall not 
        include any tax imposed by section 402(d) and] shall 
        not include any increase in tax under section 49(b) or 
        50(a) or subsection (j) or (k) of section 42.
          * * * * * * *

SEC. 56. ADJUSTMENTS IN COMPUTING ALTERNATIVE MINIMUM TAXABLE INCOME.

  (a) * * *
          * * * * * * *
  (d) Alternative Tax Net Operating Loss Deduction Defined.--
          (1) In general.--For purposes of subsection (a)(4), 
        the term ``alternative tax net operating loss 
        deduction'' means the net operating loss deduction 
        allowable for the taxable year under section 172, 
        except that--
                  (A) * * *
                  (B) in determining the amount of such 
                deduction--
                          (i) the net operating loss (within 
                        the meaning of section 172(c)) for any 
                        loss year shall be adjusted as provided 
                        in paragraph (2), and
                          [(ii) in the case of taxable years 
                        beginning after December 31, 1986, 
                        section 172(b)(2) shall be applied by 
                        substituting ``90 percent of 
                        alternative minimum taxable income 
                        determined without regard to the 
                        alternative tax net operating loss 
                        deduction'' for ``taxable income'' each 
                        place it appears.]
                          (ii) appropriate adjustments in the 
                        application of section 172(b)(2) shall 
                        be made to take into account the 
                        limitation of subparagraph (A).
          * * * * * * *
  (g) Adjustments Based on Adjusted Current Earnings.--
          (1) * * *
          * * * * * * *
          (4) Adjustments.---In determining adjusted current 
        earnings, the following adjustments shall apply:
                  (A) * * *
          * * * * * * *
                  (C) Disallowance of items not deductible in 
                computing earnings and profits.--
                          (i) * * *
                          (ii) Special Rule for Certain 
                        Dividends.--
                                  (I) In General.--Clause (i) 
                                shall not apply to any 
                                deduction allowable under 
                                section 243 or 245 for any 
                                dividend which is a 100-percent 
                                dividend or which is received 
                                from a 20-percent owned 
                                corporation (as defined in 
                                section 243(c)(2)), but only to 
                                the extent such dividend is 
                                attributable to income of the 
                                paying corporation which is 
                                subject to tax under this 
                                chapter determined after the 
                                application of sections 30A, 
                                936 (including subsections 
                                (a)(4) [and (i)], (i), and (j) 
                                thereof) and 921.
                                  (II) 100-percent dividend.--
                                For purposes [of the subclause] 
                                of subclause (I), the term 
                                ``100 percent dividend'' means 
                                any dividend if the percentage 
                                used for purposes of 
                                determining the amount 
                                allowable as a deduction under 
                                section 243 or 245 with respect 
                                to such dividend is 100 
                                percent.
                          (iii) Treatment of taxes on dividends 
                        from 936 corporations.--
                                  (I) * * *
          * * * * * * *
                                  (VI) Application to section 
                                30a corporations.--References 
                                in this clause to section 936 
                                shall be treated as including 
                                references to section 30A.
                  (D) Certain other earnings and profits 
                adjustments.--
                          (i) * * *
          * * * * * * *
                          (iii) LIFO inventory adjustments.--
                        The adjustments provided in section 
                        312(n)(4) shall apply, but only with 
                        respect to taxable years beginning 
                        after December 31, 1989.
          * * * * * * *
                  [(I)] (H) Adjusted basis.--The adjusted basis 
                of any property with respect to which an 
                adjustment under this paragraph applies shall 
                be determined by applying the treatment 
                prescribed in this paragraph.
                  [(J)] (I) Treatment of charitable 
                contributions.--Notwithstanding subparagraphs 
                (B) and (C), no adjustment related to the 
                earnings and profits effects of any charitable 
                contribution shall be made in computing 
                adjusted current earnings.
          * * * * * * *

SEC. 59. OTHER DEFINITIONS AND SPECIAL RULES.

  (a) Alternative Minimum Tax Foreign Tax Credit.--For purposes 
of this part--
          (1) In general.--The alternative minimum tax foreign 
        tax credit for any taxable year shall be the credit 
        which would be determined under section 27(a) for such 
        taxable year if--
                  (A) [the amount determined under section 
                55(b)(1)(A)] the pre-credit tentative minimum 
                tax were the tax against which such credit was 
                taken for purposes of section 904 for the 
                taxable year and all prior taxable years 
                beginning after December 31, 1986,
                  (B) section 904 were applied on the basis of 
                alternative minimum taxable income instead of 
                taxable income, and
                  (C) the determination of whether any income 
                is high-taxed income for purposes of section 
                904(d)(2) were made on the basis of the 
                applicable rate [specified in section 
                55(b)(1)(A)] specified in subparagraph (A)(i) 
                or (B)(i) of section 55(b)(1) (whichever 
                applies) in lieu of the highest rate of tax 
                specified in section 1 or 11 (whichever 
                applies).
          (2) Limitation to 90 percent of tax.--
                  (A) In general.--The alternative minimum tax 
                foreign tax credit for any taxable year shall 
                not exceed the excess (if any) of--
                          (i) [the amount determined under 
                        section 55(b)(1)(A)] the pre-credit 
                        tentative minimum tax for the taxable 
                        year, over
                          (ii) 10 percent of the amount [which 
                        would be determined under section 
                        55(b)(1)(A)] which would be the pre-
                        credit tentative minimum tax without 
                        regard to the alternative tax net 
                        operating loss deduction and section 
                        57(a)(2)(E).
          * * * * * * *
          (3) Pre-credit tentative minimum tax.--For purposes 
        of this subsection, the term ``pre-credit tentative 
        minimum tax'' means--
                  (A) in the case of a taxpayer other than a 
                corporation, the amount determined under the 
                first sentence of section 55(b)(1)(A)(i), or
                  (B) in the case of a corporation, the amount 
                determined under section 55(b)(1)(B)(i).
          * * * * * * *
  (b) Minimum Tax Not To Apply to Income Eligible for Section 
936 Credit.--In the case of any corporation for which a credit 
is allowable for the taxable year under [section 936, 
alternative minimum taxable income shall not include any amount 
with respect to which the requirements of subparagraph (A) or 
(B) of section 936(a)(1) are met.] section 30A or 936, 
alternative minimum taxable income shall not include any income 
with respect to which a credit is determined under section 30A 
or 936.
          * * * * * * *
  (d) Apportionment of Differently Treated Items in Case of 
Certain Entities.--
          (1) In general. The differently treated items for the 
        taxable year shall be apportioned (in accordance with 
        regulations prescribed by the Secretary)--
                  (A) * * *
                  (B) Common trust funds.--In the case of a 
                common trust fund (as defined in section 
                584(a)), pro rata among the participants of 
                such fund.
          * * * * * * *
  (j) Treatment of Unearned Income of Minor Children.--
          (1) Limitation on exemption amount.--In the case of a 
        child to whom section 1(g) applies, the exemption 
        amount for purposes of section 55 shall not exceed the 
        sum of--
                  (A) such child's earned income (as defined in 
                section 911(d)(2)) for the taxable year, plus
                  (B) [$1,000] twice the amount in effect for 
                the taxable year under section 63(c)(5)(A) (or, 
                if greater, the child's share of the unused 
                parental minimum tax exemption).
          * * * * * * *
          (3) Unused parental minimum tax exemption.--
                  (A) * * *
                  (B) Certain rules made applicable.--A child's 
                share of any unused parental minimum tax 
                exemption shall be determined under rules 
                similar to the rules of [section 1(g)(3)(B), 
                and rules similar to the rules of paragraphs 
                (3)(D) and (5) of section 1(g) shall apply for 
                purposes of this paragraph.
          * * * * * * *

              Subchapter B--Computation of Taxable Income

          * * * * * * *

  PART I--DEFINITION OF GROSS INCOME, ADJUSTED GROSS INCOME, TAXABLE 
                              INCOME, ETC.

          * * * * * * *

SEC. 62. ADJUSTED GROSS INCOME DEFINED.

  (a) General Rule.--For purposes of this subtitle, the term 
``adjusted gross income'' means, in the case of an individual, 
gross income minus the following deductions:
          (1) * * *
          * * * * * * *
          [(8) Certain portion of lump-sum distributions from 
        pension plans taxed under section 402(d).--The 
        deduction allowed by section 402(d)(3).]
          * * * * * * *

          PART II--ITEMS SPECIFICALLY INCLUDED IN GROSS INCOME

          * * * * * * *

SEC. 72. ANNUITIES; CERTAIN PROCEEDS OF ENDOWMENT AND LIFE INSURANCE 
                    CONTRACTS.

  (a) * * *
  (b) Exclusion Ratio.--
          (1) * * *
          * * * * * * *
          (4) Unrecovered investment.--For purposes of this 
        subsection, the unrecovered investment in the contract 
        as of any date is--
                  (A) the investment in the contract 
                (determined without regard to subsection 
                (c)(2)) as of the annuity starting date, 
                reduced by
                  (B) the aggregate amount received under the 
                contract on or after such annuity starting date 
                and before the date as of which the 
                determination is being made, to the extent such 
                amount was excludable from gross income under 
                this subtitle.
          * * * * * * *
  [(d) Treatment of Employee Contributions Under Defined 
Contribution Plans as Separate Contracts.--For purposes of this 
section, employee contributions (and any income allocable 
thereto) under a defined contribution plan may be treated as a 
separate contract.]
  (d) Special Rules for Qualified Employer Retirement Plans.--
          (1) Simplified method of taxing annuity payments.--
                  (A) In general.--In the case of any amount 
                received as an annuity under a qualified 
                employer retirement plan--
                          (i) subsection (b) shall not apply, 
                        and
                          (ii) the investment in the contract 
                        shall be recovered as provided in this 
                        paragraph.
                  (B) Method of recovering investment in 
                contract.--
                          (i) In general.--Gross income shall 
                        not include so much of any monthly 
                        annuity payment under a qualified 
                        employer retirement plan as does not 
                        exceed the amount obtained by 
                        dividing--
                                  (I) the investment in the 
                                contract (as of the annuity 
                                starting date), by
                                  (II) the number of 
                                anticipated payments determined 
                                under the table contained in 
                                clause (iii) (or, in the case 
                                of a contract to which 
                                subsection (c)(3)(B) applies, 
                                the number of monthly annuity 
                                payments under such contract).
                          (ii) Certain rules made applicable.--
                        Rules similar to the rules of 
                        paragraphs (2) and (3) of subsection 
                        (b) shall apply for purposes of this 
                        paragraph.
                          (iii) Number of anticipated 
                        payments.--


             If the age of the                                          
               primary annuitant on                           The number
               the annuity starting                       of anticipated
               date is:                                     payments is:
                 Not more than 55.......................            360 
                 More than 55 but not more than 60......            310 
                 More than 60 but not more than 65......            260 
                 More than 65 but not more than 70......            210 
                 More than 70...........................            160.

                  (C) Adjustment for refund feature not 
                applicable.--For purposes of this paragraph, 
                investment in the contract shall be determined 
                under subsection (c)(1) without regard to 
                subsection (c)(2).
                  (D) Special rule where lump sum paid in 
                connection with commencement of annuity 
                payments.--If, in connection with the 
                commencement of annuity payments under any 
                qualified employer retirement plan, the 
                taxpayer receives a lump sum payment--
                          (i) such payment shall be taxable 
                        under subsection (e) as if received 
                        before the annuity starting date, and
                          (ii) the investment in the contract 
                        for purposes of this paragraph shall be 
                        determined as if such payment had been 
                        so received.
                  (E) Exception.--This paragraph shall not 
                apply in any case where the primary annuitant 
                has attained age 75 on the annuity starting 
                date unless there are fewer than 5 years of 
                guaranteed payments under the annuity.
                  (F) Adjustment where annuity payments not on 
                monthly basis.--In any case where the annuity 
                payments are not made on a monthly basis, 
                appropriate adjustments in the application of 
                this paragraph shall be made to take into 
                account the period on the basis of which such 
                payments are made.
                  (G) Qualified employer retirement plan.--For 
                purposes of this paragraph, the term 
                ``qualified employer retirement plan'' means 
                any plan or contract described in paragraph 
                (1), (2), or (3) of section 4974(c).
          (2) Treatment of employee contributions under defined 
        contribution plans.--For purposes of this section, 
        employee contributions (and any income allocable 
        thereto) under a defined contribution plan may be 
        treated as a separate contract.
          * * * * * * *
  (m) Special Rules Applicable to Employee Annuities and 
Distributions Under Employee Plans.--
          (2) Computation of consideration paid by the 
        employee.--In computing--
                  (A) the aggregate amount of premiums or other 
                consideration paid for the contract for 
                purposes of subsection (c)(1)(A) (relating to 
                the investment in the contract), and
                  [(B) the consideration for the contract 
                contributed by the employee for purposes of 
                subsection (d)(1) (relating to employee's 
                contributions recoverable in 3 years) and 
                subsection (e)(7) (relating to plans where 
                substantially all contributions are employee 
                contributions), and]
                  [(C)] (B) the aggregate premiums or other 
                consideration paid for purposes of subsection 
                (e)(6) (relating to certain amounts not 
                received as an annuity),
        any amount allowed as a deduction with respect to the 
        contract under section 404 which was paid while the 
        employee was an employee within the meaning of section 
        401(c)(1) shall be treated as consideration contributed 
        by the employer, and there shall not be taken into 
        account any portion of the premiums or other 
        consideration for the contract paid while the employee 
        was an owner-employee which is properly allocable (as 
        determined under regulations prescribed by the 
        Secretary) to the cost of life, accident, health, or 
        other insurance.
          * * * * * * *
  (p) Loans Treated as Distributions.--For purposes of this 
section--
          (1) * * *
          * * * * * * *
          (4) Qualified employer plan, etc.-- For purposes of 
        this subsection--
                  (A) Qualified employer plan.--
                          (i) * * *
                          [(ii) Special rules.--The term 
                        ``qualified employer plan''--
                                  [(I) shall include any plan 
                                which was (or was determined to 
                                be) a qualified employer plan 
                                or a government plan, but
                                  [(II) shall not include a 
                                plan described in subsection 
                                (e)(7).]
                          (ii) Special rule.--The term 
                        ``qualified employer plan'' shall not 
                        include any plan which was (or was 
                        determined to be) a qualified employer 
                        plan or a government plan.
          * * * * * * *
  (t) 10-Percent Additional Tax on Early Distributions From 
Qualified Retirement Plans.--
          (1) * * *
          * * * * * * *
          (6) Special rules for simple retirement accounts.--In 
        the case of any amount received from a simple 
        retirement account (within the meaning of section 
        408(p)) during the 2-year period beginning on the date 
        such individual first participated in any qualified 
        salary reduction arrangement maintained by the 
        individual's employer under section 408(p)(2), 
        paragraph (1) shall be applied by substituting ``25 
        percent'' for ``10 percent''.
          * * * * * * *

SEC. 86. SOCIAL SECURITY AND TIER 1 RAILROAD RETIREMENT BENEFITS.

  (a) * * *
  (b) Taxpayers to Whom Subsection (a) Applies.--
          (1) * * *
          (2) Modified adjusted gross income.--For purposes of 
        this subsection, the term ``modified adjusted gross 
        income'' means [adusted] adjusted gross income--
                  (A) determined without regard to this section 
                and sections 135, 137, 911, 931, and 933, and
                  (B) increased by the amount of interest 
                received or accrued by the taxpayer during the 
                taxable year which is exempt from tax.
          * * * * * * *

         PART III--ITEMS SPECIFICALLY EXCLUDED IN GROSS INCOME

        Sec. 101. Certain death benefits.
     * * * * * * *
        Sec. 112. Certain [combat pay] combat zone compensation of 
                  members of the armed forces.
     * * * * * * *
        [Sec. 133. Interest on certain loans used to acquire employer 
                  securities.]
          * * * * * * *

SEC. 101. CERTAIN DEATH BENEFITS.

  (a)  * * *
  [(b) Employees' Death Benefits.--
          [(1) General rule.--Gross income does not include 
        amounts received (whether in a single sum or otherwise) 
        by the beneficiaries or the estate of an employee, if 
        such amounts are paid by or on behalf of an employer 
        and are paid by reason of the death of the employee.
          [(2) Special rules for paragraph (1).--
                  [(A) $5,000 limitation.--The aggregate 
                amounts excludable under paragraph (1) with 
                respect to the death of any employee shall not 
                exceed $5,000.
                  [(B) Nonforfeitable rights.--Paragraph (1) 
                shall not apply to amounts with respect to 
                which the employee possessed, immediately 
                before his death, a nonforfeitable right to 
                receive the amounts while living. This 
                subparagraph shall not apply to a lump sum 
                distribution (as defined in section 
                402(e)(4))--
                          [(i) by a stock bonus, pension, or 
                        profit-sharing trust described in 
                        section 401(a) which is exempt from tax 
                        under section 501(a),
                          [(ii) under an annuity contract under 
                        a plan described in section 403(a), or
                          [(iii) under an annuity contract 
                        purchased by an employer which is an 
                        organization referred to in section 
                        170(b)(1)(A) (ii) or (vi) or which is a 
                        religious organization (other than a 
                        trust) and which is exempt from tax 
                        under section 501(a), but only with 
                        respect to that portion of such total 
                        distributions payable which bears the 
                        same ratio to the amount of such total 
                        distributions payable which is (without 
                        regard to this subsection) includible 
                        in gross income, as the amounts 
                        contributed by the employer for such 
                        annuity contract which are excludable 
                        from gross income under section 403(b) 
                        bear to the total amounts contributed 
                        by the employer for such annuity 
                        contract.
                  [(C) Joint and survivor annuities.--Paragraph 
                (1) shall not apply to amounts received by a 
                surviving annuitant under a joint and 
                survivor's annuity contract after the first day 
                of the first period for which an amount was 
                received as an annuity by the employee (or 
                would have been received if the employee had 
                lived).
                  [(D) Other annuities.--In the case of any 
                amount to which section 72 (relating to 
                annuities, etc.) applies, the amount which is 
                excludable under paragraph (1) (as modified by 
                the preceding subparagraphs of this paragraph) 
                shall be determined by reference to the value 
                of such amount as of the day on which the 
                employee died. Any amount so excludable under 
                paragraph (1) shall, for purposes of section 
                72, be treated as additional consideration paid 
                by the employee. Paragraph (1) shall not apply 
                in the case of an annuity under chapter 73 of 
                title 10 of the United States Code if the 
                member or former member of the uniformed 
                services by reason of whose death such annuity 
                is payable died after attaining retirement age.
          [(3) Treatment of self-employed individuals.--For 
        purposes of this subsection--
                  [(A) Self-employed individual not considered 
                employee.--Except as provided in subparagraph 
                (B), the term ``employee'' does not include a 
                self-employed individual described in section 
                401(c)(1).
                  [(B) Special rule for certain 
                distributions.--In the case of any amount paid 
                or distributed--
                          [(i) by a trust described in section 
                        401(a) which is exempt from tax under 
                        section 501(a), or
                          [(ii) under a plan described in 
                        section 403(a), the term ``employee'' 
                        includes a self-employed individual 
                        described in section 401(c)(1).]
  (c) Interest.--If any amount excluded from gross income by 
[subsection (a) or (b)] subsection (a) is held under an 
agreement to pay interest thereon, the interest payments shall 
be included in gross income.
          * * * * * * *

SEC. 104. COMPENSATION FOR INJURIES OR SICKNESS.

  (a) In General.--Except in the case of amounts attributable 
to (and not in excess of) deductions allowed under section 213 
(relating to medical, etc., expenses) for any prior taxable 
year, gross income does not include--
          (1) amounts received under workmen's compensation 
        acts as compensation for personal injuries or sickness;
          [(2) the amount of any damages received (whether by 
        suit or agreement and whether as lump sums or as 
        periodic payments) on account of personal injuries or 
        sickness;]
          (2) the amount of any damages (other than punitive 
        damages) received (whether by suit or agreement and 
        whether as lump sums or as periodic payments) on 
        account of personal physical injuries or physical 
        sickness;
          (3)  * * *
          * * * * * * *
For purposes of paragraph (3), in the case of an individual who 
is, or has been, an employee within the meaning of section 
401(c)(1) (relating to self-employed individuals), 
contributions made on behalf of such individual while he was 
such an employee to a trust described in section 401(a) which 
is exempt from tax under section 501(a), or under a plan 
described in section 403(a), shall, to the extent allowed as 
deductions under section 404, be treated as contributions by 
the employer which were not includible in the gross income of 
the employee. [Paragraph (2) shall not apply to any punitive 
damages in connection with a case not involving physical injury 
or physical sickness.] For purposes of paragraph (2), emotional 
distress shall not be treated as a physical injury or physical 
sickness. The preceding sentence shall not apply to an amount 
of damages not in excess of the amount paid for medical care 
(described in subparagraph (A) or (B) of section 213(d)(1)) 
attributable to emotional distress.
          * * * * * * *
  (c) Restriction on Punitive Damages Not to Apply in Certain 
Cases.--The restriction on the application of subsection (a)(2) 
to punitive damages shall not apply to punitive damages awarded 
in a civil action--
          (1) which is a wrongful death action, and
          (2) with respect to which applicable State law (as in 
        effect on September 13, 1995 and without regard to any 
        modification after such date) provides, or has been 
        construed to provide by a court of competent 
        jurisdiction pursuant to a decision issued on or before 
        September 13, 1995, that only punitive damages may be 
        awarded in such an action.
This subsection shall cease to apply to any civil action filed 
on or after the first date on which the applicable State law 
ceases to provide (or is no longer construed to provide) the 
treatment described in paragraph (2).
  [(c)] (d) Cross References.--

          (1) For exclusion from employee's gross income of employer 
        contributions to accident and health plans, see section 106.
          (2) For exclusion of part of disability retirement pay from 
        the application of subsection (a)(4) of this section, see 
        section 1403 of title 10, United States Code (relating to career 
        compensation laws).
     * * * * * * *

SEC. 108. INCOME FROM DISCHARGE OF INDEBTEDNESS.

  (a)  * * *
          * * * * * * *
  (d) Meaning of Terms; Special Rules Relating to Certain 
Provisions.--
          (1)  * * *
          * * * * * * *
          (9) Time for making election, etc.--
                  (A) Time.--An election under paragraph (5) of 
                subsection (b) or under [paragraph (3)(B)] 
                paragraph (3)(C) of subsection (c) shall be 
                made on the taxpayer's return for the taxable 
                year in which the discharge occurs or at such 
                other time as may be permitted in regulations 
                prescribed by the Secretary.
          * * * * * * *

SEC. 112. CERTAIN [COMBAT PAY] COMBAT ZONE COMPENSATION OF MEMBERS OF 
                    THE ARMED FORCES.

  (a)  * * *
          * * * * * * *

SEC. 117. QUALIFIED SCHOLARSHIPS.

  (a)  * * *
          * * * * * * *
  (d) Qualified Tuition Reduction.--
          (1)  * * *
          (2) Qualified tuition reduction.--For purposes of 
        this subsection, the term ``qualified tuition 
        reduction'' means the amount of any reduction in 
        tuition provided to an employee of an organization 
        described in section 170(b)(1)(A)(ii) for the education 
        (below the graduate level) at such organization (or 
        another organization described in section 
        170(b)(1)(A)(ii)) of--
                  (A) such employee, or
                  (B) any person treated as an employee (or 
                whose use is treated as an employee use) under 
                the rules of [section 132(f)] section 132(h).
          * * * * * * *

SEC. 127. EDUCATIONAL ASSISTANCE PROGRAMS.

  (a)  * * *
          * * * * * * *
  (c) Definitions; Special Rules.--For purposes of this 
section--
          (1) Educational assistance.--The term ``educational 
        assistance'' means--
                  (A) the payment, by an employer, of expenses 
                incurred by or on behalf of an employee for 
                education of the employee (including, but not 
                limited to, tuition, fees, and similar 
                payments, books, supplies, and equipment), and
                  (B) the provision, by an employer, of courses 
                of instruction for such employee (including 
                books, supplies, and equipment),but does not 
                include payment for, or the provision of, tools 
                or supplies which may be retained by the 
                employee after completion of a course of 
                instruction, or meals, lodging, or 
                transportation. The term ``educational 
                assistance'' also does not include any payment 
                for, or the provision of any benefits with 
                respect to, any course or other education 
                involving sports, games, or hobbies or at the 
                graduate level.
          * * * * * * *
  (d) Termination.--This section shall not apply to taxable 
years beginning after [December 31, 1994] December 31, 1996.
          * * * * * * *

SEC. 129. DEPENDENT CARE ASSISTANCE PROGRAMS.

  (a)  * * *
          * * * * * * *
  (d) Dependent Care Assistance Program.--
          (1)  * * *
          * * * * * * *
          (8) Benefits.--
                  (A)  * * *
                  (B) Salary reduction agreements.--For 
                purposes of subparagraph (A), in the case of 
                any benefits provided through a salary 
                reduction agreement, a plan may disregard any 
                employees whose compensation is less than 
                $25,000. For purposes of this subparagraph, the 
                term ``compensation'' has the meaning given 
                such term by [section 414(q)(7)] section 
                414(q)(4), except that, under rules prescribed 
                by the Secretary, an employer may elect to 
                determine compensation on any other basis which 
                does not discriminate in favor of highly 
                compensated employees.
          * * * * * * *

[SEC. 133. INTEREST ON CERTAIN LOANS USED TO ACQUIRE EMPLOYER 
                    SECURITIES.

  [(a) In General.--Gross income does not include 50 percent of 
the interest received by--
          [(1) a bank (within the meaning of section 581),
          [(2) an insurance company to which subchapter L 
        applies,
          [(3) a corporation actively engaged in the business 
        of lending money, or
          [(4) a regulated investment company (as defined in 
        section 851),
with respect to a securities acquisition loan.
  [(b) Securities Acquisition Loan.--
          [(1) In general.--For purposes of this section, the 
        term ``securities acquisition loan'' means--
                  [(A) any loan to a corporation or to an 
                employee stock ownership plan to the extent 
                that the proceeds are used to acquire employer 
                securities for the plan, or
                  [(B) any loan to a corporation to the extent 
                that, within 30 days, employer securities are 
                transferred to the plan in an amount equal to 
                the proceeds of such loan and such securities 
                are allocable to accounts of plan participants 
                within 1 year of the date of such loan.
For purposes of this paragraph, the term ``employer 
securities'' has the meaning given such term by section 409(l). 
The term ``securities acquisition loan'' shall not include a 
loan with a term greater than 15 years.
          [(2) Loans between related persons.--The term 
        ``securities acquisition loan'' shall not include--
                  [(A) any loan made between corporations which 
                are members of the same controlled group of 
                corporations, or
                  [(B) any loan made between an employee stock 
                ownership plan and any person that is--
                          [(i) the employer of any employees 
                        who are covered by the plan; or
                          [(ii) a member of a controlled group 
                        of corporations which includes such 
                        employer.
For purposes of this paragraph, subparagraphs (A) and (B) shall 
not apply to any loan which, but for such subparagraphs, would 
be a securities acquisition loan if such loan was not 
originated by the employer of any employees who are covered by 
the plan or by any member of the controlled group of 
corporations which includes such employer, except that this 
section shall not apply to any interest received on such loan 
during such time as such loan is held by such employer (or any 
member of such controlled group).
          [(3) Terms applicable to certain securities 
        acquisition loans.--A loan to a corporation shall not 
        fail to be treated as a securities acquisition loan 
        merely because the proceeds of such loan are lent to an 
        employee stock ownership plan sponsored by such 
        corporation (or by any member of the controlled group 
        of corporations which includes such corporation) if 
        such loan includes--
                  [(A) repayment terms which are substantially 
                similar to the terms of the loan of such 
                corporation from a lender described in 
                subsection (a), or
                  [(B) repayment terms providing for more rapid 
                repayment of principal or interest on such 
                loan, but only if allocations under the plan 
                attributable to such repayment do not 
                discriminate in favor of highly compensated 
                employees (within the meaning of section 
                414(q)).
          [(4) Controlled group of corporations.--For purposes 
        of this paragraph, the term ``controlled group of 
        corporations'' has the meaning given such term by 
        section 409(l)(4).
          [(5) Treatment of refinancings.--The term 
        ``securities acquisition loan'' shall include any loan 
        which--
                  [(A) is (or is part of a series of loans) 
                used to refinance a loan described in 
                subparagraph (A) or (B) of paragraph (1), and
                  [(B) meets the requirements of paragraphs (2) 
                and (3).
          [(6) PLAN must hold more than 50 percent of stock 
        after acquisition or transfer.--
                  [(A) In general.--A loan shall not be treated 
                as a securities acquisition loan for purposes 
                of this section unless, immediately after the 
                acquisition or transfer referred to in 
                subparagraph (A) or (B) of paragraph (1), 
                respectively, the employee stock ownership plan 
                owns more than 50 percent of--
                          [(i) each class of outstanding stock 
                        of the corporation issuing the employer 
                        securities, or
                          [(ii) the total value of all 
                        outstanding stock of the corporation.
                  [(B) Failure to retain minimum stock 
                interest.--
                          [(i) In general.--Subsection (a) 
                        shall not apply to any interest 
                        received with respect to a securities 
                        acquisition loan which is allocable to 
                        any period during which the employee 
                        stock ownership plan does not own stock 
                        meeting the requirements of 
                        subparagraph (A).
                          [(ii) Exception.--To the extent 
                        provided by the Secretary, clause (i) 
                        shall not apply to any period if, 
                        within 90 days of the first date on 
                        which the failure occurred (or such 
                        longer period not in excess of 180 days 
                        as the Secretary may prescribe), the 
                        plan acquires stock which results in 
                        its meeting the requirements of 
                        subparagraph (A).
                  [(C) Stock.--For purposes of subparagraph 
                (A)--
                          [(i) In general.--The term ``stock'' 
                        means stock other than stock described 
                        in section 1504(a)(4).
                          [(ii) Treatment of certain rights.--
                        The Secretary may provide that 
                        warrants, options, contracts to acquire 
                        stock, convertible debt interests and 
                        other similar interests be treated as 
                        stock for 1 or more purposes under 
                        subparagraph (A).
                  [(D) Aggregation rule.--For purposes of 
                determining whether the requirements of 
                subparagraph (A) are met, an employee stock 
                ownership plan shall be treated as owning stock 
                in the corporation issuing the employer 
                securities which is held by any other employee 
                stock ownership plan which is maintained by--
                          [(i) the employer maintaining the 
                        plan, or
                          [(ii) any member of a controlled 
                        group of corporations (within the 
                        meaning of section 409(l)(4)) of which 
                        the employer described in clause (i) is 
                        a member.
          [(7) Voting rights of employer securities.--A loan 
        shall not be treated as a securities acquisition loan 
        for purposes of this section unless--
                  [(A) the employee stock ownership plan meets 
                the requirements of section 409(e)(2) with 
                respect to all employer securities acquired by, 
                or transferred to, the plan in connection with 
                such loan (without regard to whether or not the 
                employer has a registration-type class of 
                securities), and
                  [(B) no stock described in section 409(l)(3) 
                is acquired by, or transferred to, the plan in 
                connection with such loan unless--
                          [(i) such stock has voting rights 
                        equivalent to the stock to which it may 
                        be converted, and
                          [(ii) the requirements of 
                        subparagraph (A) are met with respect 
                        to such voting rights.
  [(c) Employee Stock Ownership Plan.--For purposes of this 
section, the term ``employee stock ownership plan'' has the 
meaning given to such term by section 4975(e)(7).
  [(d) Application with Section 483 and Original Issue Discount 
Rules.--In applying section 483 and subpart A of part V of 
subchapter P to any obligation to which this section applies, 
appropriate adjustments shall be made to the applicable Federal 
rate to take into account the exclusion under subsection (a).
  [(e) Period to Which Interest Exclusion Applies.--
          [(1) In general.--In the case of--
                  [(A) an original securities acquisition loan, 
                and
                  [(B) any securities acquisition loan (or 
                series of such loans) used to refinance the 
                original securities acquisition loan, 
                subsection (a) shall apply only to interest 
                accruing during the excludable period with 
                respect to the original securities acquisition 
                loan.
          [(2) Excludable period.--For purposes of this 
        subsection, the term ``excludable period'' means, with 
        respect to any original securities acquisition loan--
                  [(A) In general.--The 7-year period beginning 
                on the date of such loan.
                  [(B) Loans described in subsection 
                (b)(1)(A).--If the term of an original 
                securities acquisition loan described in 
                subsection (b)(1)(A) is greater than 7 years, 
                the term of such loan. This subparagraph shall 
                not apply to a loan described in subsection 
                (b)(3)(B).
          [(3) Original securities acquisition loan.--For the 
        purposes of this subsection, the term ``original 
        securities acquisition loan'' means a securities 
        acquisition loan described in subparagraph (A) or (B) 
        of subsection (b)(1).]
          * * * * * * *

SEC. 135. INCOME FROM UNITED STATES SAVINGS BONDS USED TO PAY HIGHER 
                    EDUCATION TUITION AND FEES.

  (a)  * * *
  (b) Limitations.--
          (1)  * * *
          (2) Limitation based on modified adjusted gross 
        income.--
                  (A)  * * *
                  (B) Inflation adjustment.--In the case of any 
                taxable year beginning in a calendar year after 
                1990, the $40,000 and $60,000 amounts contained 
                in subparagraph (A) shall be increased by an 
                amount equal to--
                          (i) such dollar amount, multiplied by
                          (ii) the cost-of-living adjustment 
                        under section 1(f)(3) for the calendar 
                        year in which the taxable year begins, 
                        determined by substituting ``calendar 
                        year 1989'' for ``calendar year 1992'' 
                        in subparagraph (B) thereof.
          * * * * * * *

     PART IV--TAX EXEMPTION REQUIREMENTS FOR STATE AND LOCAL BONDS

          * * * * * * *

                   Subpart A--Private Activity Bonds

          * * * * * * *

SEC. 143. MORTGAGE REVENUE BONDS: QUALIFIED MORTGAGE BOND AND QUALIFIED 
                    VETERANS' MORTGAGE BOND.

  (a)  * * *
          * * * * * * *
  (d) 3-Year Requirement.--
          (1)  * * *
          (2) Exceptions.--For purposes of paragraph (1), the 
        proceeds of an issue which are used to provide--
                  (A) financing with respect to targeted area 
                residences,
                  (B) qualified home improvement loans and 
                qualified rehabilitation loans, and
                  (C) financing with respect to land described 
                in subsection (i)(1)(C) and the construction of 
                any residence thereon[.],
        shall be treated as used as described in paragraph (1).
          * * * * * * *
  (m) Recapture of Portion of Federal Subsidy From Use of 
Qualified Mortgage Bonds and Mortgage Credit Certificates.--
          (1)  * * *
          * * * * * * *
          (4) Recapture amount.--For purposes of this 
        subsection--
                  (A)  * * *
          * * * * * * *
                  (C) Holding period percentage.--
                          (i)  * * *
                          (ii) Retirements of indebtedness.--If 
                        the federally-subsidized indebtedness 
                        is completely repaid during [any month 
                        of the 10-year period] any year of the 
                        4-year period beginning on the testing 
                        date, the holding period percentage for 
                        [succeeding months] succeeding years 
                        shall be determined by reducing ratably 
                        [over the remainder of such period (or, 
                        if lesser, 5 years)] to zero over the 
                        succeeding 5 years the holding period 
                        percentage which would have been 
                        determined under this subparagraph had 
                        the taxpayer disposed of his interest 
                        in the residence on the date of the 
                        repayment.
          * * * * * * *

SEC. 149. BONDS MUST BE REGISTERED TO BE TAX EXEMPT; OTHER 
                    REQUIREMENTS.

  (a)  * * *
          * * * * * * *
  (g) Treatment of Hedge Bonds.--
          (1)  * * *
          * * * * * * *
          (3) Hedge bond.--
                  (A)  * * *
                  (B) Exception for investment in tax-exempt 
                bonds not subject to minimum tax.--
                          (i)  * * *
          * * * * * * *
                          [(iii) Investment earnings held 
                        pending reinvestment.--Investment 
                        earnings held for not more than 30 days 
                        pending reinvestment shall be treated 
                        as invested in bonds described in 
                        clause (i).]
                          (iii) Amounts held pending 
                        reinvestment or redemption.--Amounts 
                        held for not more than 30 days pending 
                        reinvestment or bond redemption shall 
                        be treated as invested in bonds 
                        described in clause (i).
          * * * * * * *

               PART V--DEDUCTIONS FOR PERSONAL EXEMPTIONS

          * * * * * * *

SEC. 151. ALLOWANCE OF DEDUCTIONS FOR PERSONAL EXEMPTIONS.

  (a)  * * *
          * * * * * * *
  (d) Exemption Amount.--For purposes of this section--
          (1)  * * *
          * * * * * * *
          (3) Phaseout.--
                  (A)  * * *
          * * * * * * *
                  (C) Threshold amount.--For purposes of this 
                paragraph, the term ``threshold amount'' 
                means--
                          (i) $150,000 in the case of a [joint 
                        of a return] joint return or a 
                        surviving spouse (as defined in section 
                        2(a)),
          * * * * * * *

     PART VI--ITEMIZED DEDUCTIONS FOR INDIVIDUALS AND CORPORATIONS

          * * * * * * *

SEC. 162. TRADE OR BUSINESS EXPENSES.

  (a)  * * *
          * * * * * * *
  (k) Stock [Redemption] Reacquisition Expenses.--
          (1) In general.--Except as provided in paragraph (2), 
        no deduction otherwise allowable shall be allowed under 
        this chapter for any amount paid or incurred by a 
        corporation in connection with [the redemption of its 
        stock] the reacquisition of its stock or of the stock 
        of any related person (as defined in section 
        465(b)(3)(C)).
          (2) Exceptions.--Paragraph (1) shall not apply to--
                  (A) Certain specific deductions.--Any--
                          (i) deduction allowable under section 
                        163 (relating to interest), [or]
                          (ii) deduction for amounts which are 
                        properly allocable to indebtedness and 
                        amortized over the term of such 
                        indebtedness, or
                          [(ii)] (iii) deduction for dividends 
                        paid (within the meaning of section 
                        561).
                  (B) Stock of certain regulated investment 
                companies.--Any amount paid or incurred in 
                connection with the redemption of any stock in 
                a regulated investment company which issues 
                only stock which is redeemable upon the demand 
                of the shareholder.
          * * * * * * *

SEC. 163. INTEREST.

  (a)  * * *
          * * * * * * *
  (j) Limitation of Deduction for Interest on Certain 
Indebtedness.--
          (1) Limitation.--
                  (A)  * * *
                  (B) Disallowed amount carried to succeeding 
                taxable year.--Any amount disallowed under 
                subparagraph (A) for any taxable year shall be 
                treated as disqualified interest paid or 
                accrued in the succeeding taxable year (and 
                clause (ii) of paragraph (2)(A) shall not apply 
                for purposes of applying this subsection to the 
                amount so treated).
          * * * * * * *
          (6) Other definitions and special rules.--For 
        purposes of this subsection--
                  (A)  * * *
          * * * * * * *
                  (E) Gross basis and net basis taxation.--
                          (i) Gross basis tax.--The term 
                        ``gross basis tax'' means any tax 
                        imposed by this subtitle which is 
                        determined by reference to the gross 
                        amount of any item of income without 
                        any reduction for any deduction allowed 
                        by this subtitle.
                          (ii) Net basis tax.--The term ``net 
                        basis tax'' means any tax imposed by 
                        this subtitle which is [a] not a gross 
                        basis tax.
          (7) Coordination with passive loss rules, etc.--This 
        subsection shall be applied before sections 465 and 
        469.
          [(7)] (8) Regulations.--The Secretary shall prescribe 
        such regulations as may be appropriate to carry out the 
        purposes of this subsection, including--
                  (A) such regulations as may be appropriate to 
                prevent the avoidance of the purposes of this 
                subsection,
          * * * * * * *

SEC. 164. TAXES.

  (a) General Rule.--Except as otherwise provided in this 
section, the following taxes shall be allowed as a deduction 
for the taxable year within which paid or accrued:
          (1) State and local, and foreign, real property 
        taxes.
          (2) State and local personal property taxes.
          (3) State and local, and foreign, income, war 
        profits, and excess profits taxes.
          [(4) The environmental tax imposed by section 59A.
          [(5) The GST tax imposed on income distributions.]
          (4) The GST tax imposed on income distributions.
          (5) The environmental tax imposed by section 59A.
  In addition, there shall be allowed as a deduction State and 
local, and foreign, taxes not described in the preceding 
sentence which are paid or accrued within the taxable year in 
carrying on a trade or business or an activity described in 
section 212 (relating to expenses for production of income). 
Notwithstanding the preceding sentence, any tax (not described 
in the first sentence of this subsection) which is paid or 
accrued by the taxpayer in connection with an acquisition or 
disposition of property shall be treated as part of the cost of 
the acquired property or, in the case of a disposition, as a 
reduction in the amount realized on the disposition.
          * * * * * * *

SEC. 167. DEPRECIATION.

  (a)  * * *
          * * * * * * *
  (g) Depreciation Under Income Forecast Method.--
          (1) In general.--If the depreciation deduction 
        allowable under this section to any taxpayer with 
        respect to any property is determined under the income 
        forecast method or any similar method--
                  (A) the income from the property to be taken 
                into account in determining the depreciation 
                deduction under such method shall be equal to 
                the amount of income earned in connection with 
                the property before the close of the 10th 
                taxable year following the taxable year in 
                which the property was placed in service,
                  (B) the adjusted basis of the property shall 
                only include amounts with respect to which the 
                requirements of section 461(h) are satisfied,
                  (C) the depreciation deduction under such 
                method for the 10th taxable year beginning 
                after the taxable year in which the property 
                was placed in service shall be equal to the 
                adjusted basis of such property as of the 
                beginning of such 10th taxable year, and
                  (D) such taxpayer shall pay (or be entitled 
                to receive) interest computed under the look-
                back method of paragraph (2) for any 
                recomputation year.
          (2) Look-back method.--The interest computed under 
        the look-back method of this paragraph for any 
        recomputation year shall be determined by--
                  (A) first determining the depreciation 
                deductions under this section with respect to 
                such property which would have been allowable 
                for prior taxable years if the determination of 
                the amounts so allowable had been made on the 
                basis of the sum of the following (instead of 
                the estimated income from such property)--
                          (i) the actual income earned in 
                        connection with such property for 
                        periods before the close of the 
                        recomputation year, and
                          (ii) an estimate of the future income 
                        to be earned in connection with such 
                        property for periods after the 
                        recomputation year and before the close 
                        of the 10th taxable year following the 
                        taxable year in which the property was 
                        placed in service,
                  (B) second, determining (solely for purposes 
                of computing such interest) the overpayment or 
                underpayment of tax for each such prior taxable 
                year which would result solely from the 
                application of subparagraph (A), and
                  (C) then using the adjusted overpayment rate 
                (as defined in section 460(b)(7)), compounded 
                daily, on the overpayment or underpayment 
                determined under subparagraph (B).
        For purposes of the preceding sentence, any cost 
        incurred after the property is placed in service (which 
        is not treated as a separate property under paragraph 
        (5)) shall be taken into account by discounting (using 
        the Federal mid-term rate determined under section 
        1274(d) as of the time such cost is incurred) such cost 
        to its value as of the date the property is placed in 
        service. The taxpayer may elect with respect to any 
        property to have the preceding sentence not apply to 
        such property.
          (3) Exception from look-back method.--Paragraph 
        (1)(D) shall not apply with respect to any property 
        which, when placed in service by the taxpayer, had a 
        basis of $100,000 or less.
          (4) Recomputation year.--For purposes of this 
        subsection, except as provided in regulations, the term 
        ``recomputation year'' means, with respect to any 
        property, the 3d and the 10th taxable years beginning 
        after the taxable year in which the property was placed 
        in service, unless the actual income earned in 
        connection with the property for the period before the 
        close of such 3d or 10th taxable year is within 10 
        percent of the income earned in connection with the 
        property for such period which was taken into account 
        under paragraph (1)(A).
          (5) Special rules.--
                  (A) Certain costs treated as separate 
                property.--For purposes of this subsection, the 
                following costs shall be treated as separate 
                properties:
                          (i) Any costs incurred with respect 
                        to any property after the 10th taxable 
                        year beginning after the taxable year 
                        in which the property was placed in 
                        service.
                          (ii) Any costs incurred after the 
                        property is placed in service and 
                        before the close of such 10th taxable 
                        year if such costs are significant and 
                        give rise to a significant increase in 
                        the income from the property which was 
                        not included in the estimated income 
                        from the property.
                  (B) Syndication income from television 
                series.--In the case of property which is an 
                episode in a television series, income from 
                syndicating such series shall not be required 
                to be taken into account under this subsection 
                before the earlier of--
                          (i) the 4th taxable year beginning 
                        after the date the first episode in 
                        such series is placed in service, or
                          (ii) the earliest taxable year in 
                        which the taxpayer has an arrangement 
                        relating to the future syndication of 
                        such series.
                  (C) Special rules for financial exploitation 
                of characters, etc.--For purposes of this 
                subsection, in the case of television and 
                motion picture films, the income from the 
                property shall include income from the 
                exploitation of characters, designs, scripts, 
                scores, and other incidental income associated 
                with such films, but only to the extent that 
                such income is earned in connection with the 
                ultimate use of such items by, or the ultimate 
                sale of merchandise to, persons who are not 
                related persons (within the meaning of section 
                267(b)) to the taxpayer.
                  (D) Collection of interest.--For purposes of 
                subtitle F (other than sections 6654 and 6655), 
                any interest required to be paid by the 
                taxpayer under paragraph (1) for any 
                recomputation year shall be treated as an 
                increase in the tax imposed by this chapter for 
                such year.
                  (E) Determinations.--For purposes of 
                paragraph (2), determinations of the amount of 
                income earned in connection with any property 
                shall be made in the same manner as for 
                purposes of applying the income forecast 
                method; except that any income from the 
                disposition of such property shall be taken 
                into account.
                  (F) Treatment of pass-thru entities.--Rules 
                similar to the rules of section 460(b)(4) shall 
                apply for purposes of this subsection.
  [(g)] (h) Cross References.--
          (1)  * * *
          * * * * * * *

SEC. 168. ACCELERATED COST RECOVERY SYSTEM.

  (a)  * * *
          * * * * * * *
  (e) Classification of Property.--For purposes of this 
section--
          (1)  * * *
          * * * * * * *
          (3) Classification of certain property.--
                  (A)  * * *
                  (B) 5-year property.--The term ``5-year 
                property'' includes--
                          (i) any automobile or light general 
                        purpose truck,
                          (ii) any semi-conductor manufacturing 
                        equipment,
                          (iii) any computer-based telephone 
                        central office switching equipment,
                          (iv) any qualified technological 
                        equipment,
                          (v) any section 1245 property used in 
                        connection with research and 
                        experimentation, and
                          (vi) any property which--
                                  (I) is described in 
                                subparagraph (A) of section 
                                48(a)(3) (or would be so 
                                described if ``solar and wind'' 
                                were substituted for ``solar'' 
                                in clause (i) thereof, [or]
                                  (II) is described in 
                                paragraph (15) of section 48(l) 
                                (as in effect on the day before 
                                the date of the enactment of 
                                the Revenue Reconciliation Act 
                                of 1990) and is a qualifying 
                                small power production facility 
                                within the meaning of section 
                                3(17)(C) of the Federal Power 
                                Act (16 U.S.C. 796(17)(C)), as 
                                in effect on September 1, 
                                1986[.], or
                                  (III) is described in section 
                                48(l)(3)(A)(ix) (as in effect 
                                on the day before the date of 
                                the enactment of the Revenue 
                                Reconciliation Act of 1990).
                Nothing in any provision of law shall be 
                construed to treat property as not being 
                described in clause (vi)(I) (or the 
                corresponding provisions of prior law) by 
                reason of being public utility property (within 
                the meaning of section 48(a)(3)).
          * * * * * * *
  (g) Alternative Depreciation System for Certain Property
          (1)  * * *
          * * * * * * *
          (4) Exception for certain property used outside 
        united states.--Subparagraph (A) of paragraph (1) shall 
        not apply to--
                  (A)  * * *
          * * * * * * *
                  (K) any property described in [section 
                48(a)(3)(A)(iii)] section 48(l)(3)(A)(ix) (as 
                in effect on the day before the date of the 
                enactment of the Revenue Reconciliation Act of 
                1990) which is owned by a United States person 
                and which is used in international or 
                territorial waters to generate energy for use 
                in the United States; and
          * * * * * * *

SEC. 172. NET OPERATING LOSS DEDUCTION.

  (a)  * * *
  (b) Net Operating Loss Carrybacks and Carryovers.--
          (1) Years to which loss may be carried.--
                  (A)  * * *
          * * * * * * *
                  (E) Excess interest loss.--
                          (i)  * * *
                          (ii) Loss limitation year.--For 
                        purposes of clause (i) and [subsection 
                        (m)] subsection (h), the term ``loss 
                        limitation year'' means, with respect 
                        to any corporate equity reduction 
                        transaction, the taxable year in which 
                        such transaction occurs and each of the 
                        2 succeeding taxable years.
          * * * * * * *
  (h) Corporate Equity Reduction Interest Losses.--For purposes 
of this section--
          (1)  * * *
          * * * * * * *
          (3) Corporate equity reduction transaction.--
                  (A)  * * *
                  (B) Major stock acquisition.--
                          (i) In general.--The term ``major 
                        stock acquisition'' means the 
                        acquisition by a corporation pursuant 
                        to a plan of such corporation (or any 
                        group of persons acting in concert with 
                        such corporation) of stock in another 
                        corporation representing 50 percent or 
                        more (by vote or value) of the stock in 
                        such other corporation[,].
          * * * * * * *
          (4) Other rules.--
                  (A)  * * *
                  (B) Coordination with subsection (b)(2).--
                [For purposes of subsection (b)(2)--] For 
                purposes of subsection (b)(2)--
                          (i) a corporate equity reduction 
                        interest loss shall be treated in a 
                        manner similar to the manner in which a 
                        specified liability loss is treated, 
                        and
                          (ii) in determining the net operating 
                        loss deduction for any prior taxable 
                        year referred to in the 3rd sentence of 
                        subsection (b)(2), the portion of any 
                        net operating loss which may not be 
                        carried to such taxable year under 
                        subsection (b)(1)(E) shall not be taken 
                        into account.
                  (C) Members of affiliated groups.--Except as 
                provided by regulations, all members of an 
                affiliated group filing a consolidated return 
                under section 1501 shall be treated as 1 
                taxpayer for purposes of this subsection and 
                [subsection (b)(1)(M)] subsection (b)(1)(E).
          * * * * * * *

SEC. 179. ELECTION TO EXPENSE CERTAIN DEPRECIABLE BUSINESS ASSETS.

  (a)  * * *
  (b) Limitations.--
          [(1) Dollar limitation.--The aggregate cost which may 
        be taken into account under subsection (a) for any 
        taxable year shall not exceed $17,500.]
          (1) Dollar limitation.--The aggregate cost which may 
        be taken into account under subsection (a) for any 
        taxable year shall not exceed the following applicable 
        amount:

    If the taxable year                                   The applicable
      begins in:                                              amount is:
          1996..........................................        $18,500 
          1997..........................................         19,000 
          1998..........................................         20,000 
          1999..........................................         21,000 
          2000..........................................         22,000 
          2001..........................................         23,000 
          2002..........................................         23,500 
          2003 or thereafter............................         25,000.
          * * * * * * *
  (d) Definitions and special rules.--
          (1) Section 179 property.--For purposes of this 
        section, the term ``section 179 property'' means any 
        tangible property (to which section 168 applies) which 
        is section 1245 property (as defined in section 
        1245(a)(3)) and which is acquired by purchase for use 
        in the active conduct of [in a trade or business] a 
        trade or business. Such term shall not include any 
        property described in section 50(b) and shall not 
        include air conditioning or heating units and horses.
          * * * * * * *

SEC. 179A. DEDUCTION FOR CLEAN-FUEL VEHICLES AND CERTAIN REFUELING 
                    PROPERTY.

  (a)  * * *
          * * * * * * *
  [(g)] (f) Termination.--This section shall not apply to any 
property placed in service after December 31, 2004.
          * * * * * * *

        PART VII--ADDITIONAL ITEMIZED DEDUCTIONS FOR INDIVIDUALS

          * * * * * * *

SEC. 219. RETIREMENT SAVINGS.

  (a)  * * *
  (b) Maximum Amount of Deduction.--
          (1)  * * *
          * * * * * * *
          (4) Special rule for simple retirement accounts.--
        This section shall not apply with respect to any amount 
        contributed to a simple retirement account established 
        under section 408(p).
          * * * * * * *
  (g) Limitation on Deduction for Active Participants in 
Certain Pension Plans.--
          (1)  * * *
          * * * * * * *
          (5) Active participant.--For purposes of this 
        subsection, the term ``active participant'' means, with 
        respect to any plan year, an individual--
                  (A) who is an active participant in--
                          (i) a plan described in section 
                        401(a) which includes a trust exempt 
                        from tax under section 501(a),
                          (ii) an annuity plan described in 
                        section 403(a),
                          (iii) a plan established for its 
                        employees by the United States, by a 
                        State or political subdivision thereof, 
                        or by an agency or instrumentality of 
                        any of the foregoing,
                          (iv) an annuity contract described in 
                        section 403(b), or
                          (v) a simplified employee pension 
                        (within the meaning of section 408(k)), 
                        [or]
                          (vi) any simple retirement account 
                        (within the meaning of section 408(p)), 
                        or
          * * * * * * *

             PART VIII--SPECIAL DEDUCTIONS FOR CORPORATIONS

          * * * * * * *

SEC. 243. DIVIDENDS RECEIVED BY CORPORATIONS.

  (a)  * * *
  (b) Qualifying Dividends.--
          (1)  * * *
          [(2) Affiliated group.--For purposes of this 
        subsection, the term ``affiliated group'' has the 
        meaning given such term by section 1504(a), except that 
        for such purposes sections 1504(b)(2), 1504(b)(4), and 
        1504(c) shall not apply.]
          (2) Affiliated group.--For purposes of this 
        subsection:
                  (A) In general.--The term ``affiliated 
                group'' has the meaning given such term by 
                section 1504(a), except that for such purposes 
                sections 1504(b)(2), 1504(b)(4), and 1504(c) 
                shall not apply.
                  (B) Group must be consistent in foreign tax 
                treatment.--The requirements of paragraph 
                (1)(A) shall not be treated as being met with 
                respect to any dividend received by a 
                corporation if, for any taxable year which 
                includes the day on which such dividend is 
                received--
                          (i) 1 or more members of the 
                        affiliated group referred to in 
                        paragraph (1)(A) choose to any extent 
                        to take the benefits of section 901, 
                        and
                          (ii) 1 or more other members of such 
                        group claim to any extent a deduction 
                        for taxes otherwise creditable under 
                        section 901.
          * * * * * * *
          (3) Special rule for groups which include life 
        insurance companies.--
                  (A) In general.--In the case of an affiliated 
                group which includes 1 or more insurance 
                companies under section 801, no dividend by any 
                member of such group shall be treated as a 
                qualifying dividend unless an election under 
                this paragraph is in effect for the taxable 
                year in which the dividend is received. The 
                preceding sentence shall not apply in the case 
                of a dividend described in paragraph 
                (1)(B)(ii).
          * * * * * * *

                     PART IX--ITEMS NOT DEDUCTIBLE

          * * * * * * *

SEC. 280A. DISALLOWANCE OF CERTAIN EXPENSES IN CONNECTION WITH BUSINESS 
                    USE OF HOME, RENTAL OF VACATION HOMES, ETC.

  (a)  * * *
          * * * * * * *
  (c) Exceptions for Certain Business or Rental Use; Limitation 
on Deductions for Such Use.--
          (1) Certain business use.--Subsection (a) shall not 
        apply to any item to the extent such item is allocable 
        to a portion of the dwelling unit which is exclusively 
        used on a regular basis--
                  [(A) the principal place of business for any 
                trade or business of the taxpayer.]
                  (A) as the principal place of business for 
                any trade or business of the taxpayer.
          * * * * * * *
          (2) Certain storage use.---Subsection (a) shall not 
        apply to any item to the extent such item is allocable 
        to space within the dwelling unit which is used on a 
        regular basis as a storage unit for the [inventory] 
        inventory or product samples of the taxpayer held for 
        use in the taxpayer's trade or business of selling 
        products at retail or wholesale, but only if the 
        dwelling unit is the sole fixed location of such trade 
        or business.
          * * * * * * *

SEC. 280F. LIMITATION ON DEPRECIATION FOR LUXURY AUTOMOBILES; 
                    LIMITATION WHERE CERTAIN PROPERTY USED FOR PERSONAL 
                    PURPOSES.

  (a) Limitation on Amount of [Investment Tax Credit and] 
Depreciation for Luxury Automobiles.--
          (1)  * * *
          * * * * * * *

SEC. 280G. GOLDEN PARACHUTE PAYMENTS.

  (a)  * * *
  (b) Excess Parachute Payment.--For purposes of this section--
          (1)  * * *
          * * * * * * *
          (6) Exemption for payments under qualified plans.--
        Notwithstanding paragraph (2), the term ``parachute 
        payment'' shall not include any payment to or from--
                  (A) a plan described in section 401(a) which 
                includes a trust exempt from tax under section 
                501(a),
                  (B) an annuity plan described in section 
                403(a), [or]
                  (C) a simplified employee pension (as defined 
                in section 408(k))[.], or
                  (D) a simple retirement account described in 
                section 408(p).
          * * * * * * *

     PART XI--SPECIAL RULES RELATING TO CORPORATE PREFERENCE ITEMS

          * * * * * * *

SEC. 291. SPECIAL RULES RELATING TO CORPORATE PREFERENCE ITEMS.

  (a)  * * *
          * * * * * * *
  (e) Definitions.--For purposes of this section--
          (1) Financial institution preference item.--The term 
        ``financial institution preference item'' includes the 
        following:
                  (B) Interest on debt to carry tax-exempt 
                obligations acquired after december 31, 1982, 
                and before august 8, 1986.--
                          (i)  * * *
          * * * * * * *
                          [(iv) Special rules for obligations 
                        to which section 133 applies.--In the 
                        case of an obligation to which section 
                        133 applies, interest on such 
                        obligation shall not be treated as 
                        exempt from taxes for purposes of this 
                        subparagraph.]
                          [(v)] (iv) Application of 
                        subparagraph to certain obligations 
                        issued after august 7, 1986.--For 
                        application of this subparagraph to 
                        certain obligations issued after August 
                        7, 1986, see section 265(b)(3).
          * * * * * * *

         SUBCHAPTER C--CORPORATE DISTRIBUTIONS AND ADJUSTMENTS

          * * * * * * *

                    PART II--CORPORATE LIQUIDATIONS

          * * * * * * *

                  Subpart C--Collapsible Corporations

          * * * * * * *

SEC. 341. COLLAPSIBLE CORPORATIONS.

  (a)  * * *
          * * * * * * *
  (f) Certain Sales of Stock of Consenting Corporations.--
          (1)  * * *
          * * * * * * *
          (3) Exception for certain tax-free transactions.--If 
        the basis of a subsection (f) asset in the hands of a 
        transferee is determined by reference to its basis in 
        the hands of the transferor by reason of the 
        application of section 332, [351, 361, 371(a), or 
        374(a)] 351, or 361, then the amount of gain taken into 
        account by the transferor under paragraph (2) shall not 
        exceed the amount of gain recognized to the transferor 
        on the transfer of such asset (determined without 
        regard to this subsection). This paragraph shall apply 
        only if the transferee--
                  (A) is not an organization which is exempt 
                from tax imposed by this chapter, and
                  (B) agrees (at such time and in such manner 
                as the Secretary may by regulations prescribe) 
                to have the provisions of paragraph (2) apply 
                to any disposition by it of such subsection (f) 
                asset.
          * * * * * * *

         PART III--CORPORATE ORGANIZATIONS AND REORGANIZATIONS

          * * * * * * *

                   Subpart A--Corporate Organization

          * * * * * * *

SEC. 355. DISTRIBUTION OF STOCK AND SECURITIES OF A CONTROLLED 
                    CORPORATION.

  (a)  * * *
          * * * * * * *
  (d) Recognition of Gain on Certain Distributions of Stock or 
Securities in Controlled Corporation.--
          (1)  * * *
          * * * * * * *
          (7) Aggregation rules.--
                  (A) In general.--For purposes of this 
                subsection, a person and all persons related to 
                such person (within the meaning of section 
                267(b) or 707(b)(1)) shall be treated as one 
                person.
          * * * * * * *

               Subchapter D--Deferred Compensation, Etc.

          * * * * * * *

        PART I--PENSION, PROFIT-SHARING, STOCK BONUS PLANS, ETC.

          * * * * * * *

                        Subpart A--General Rule

          * * * * * * *

SEC. 401. QUALIFIED PENSION, PROFIT-SHARING, AND STOCK BONUS PLANS.

  (a) Requirements for Qualification.--A trust created or 
organized in the United States and forming part of a stock 
bonus, pension, or profit-sharing plan of an employer for the 
exclusive benefit of his employees or their beneficiaries shall 
constitute a qualified trust under this section--
          (1)  * * *
          * * * * * * *
          (5) Special rules relating to nondiscrimination 
        requirements.--
                  (A)  * * *
          * * * * * * *
                  (D) Integrated defined benefit plan.--
                          (i) * * *
                          (ii) Final pay.--For purposes of this 
                        subparagraph, the participant's final 
                        pay is the compensation (as defined in 
                        section [414(q)(7)] 414(q)(4)) paid to 
                        the participant by the employer for any 
                        year--
                                  (I) which ends during the 5-
                                year period ending with the 
                                year in which the participant 
                                separated from service for the 
                                employer, and
                                  (II) for which the 
                                participant's total 
                                compensation from the employer 
                                was highest.
          * * * * * * *
                  (F) Social security retirement age.--For 
                purposes of testing for discrimination under 
                paragraph (4)--
                          (i) the social security retirement 
                        age (as defined in section 415(b)(8)) 
                        shall be treated as a uniform 
                        retirement age, and
                          (ii) subsidized early retirement 
                        benefits and joint and survivor 
                        annuities shall not be treated as being 
                        unavailable to employees on the same 
                        terms merely because such benefits or 
                        annuities are based in whole or in part 
                        on an employee's social security 
                        retirement age (as so defined).
          * * * * * * *
          (9) Required distributions.--
                  (A)  * * *
          * * * * * * *
                  [(C) Required beginning date.--For purposes 
                of this paragraph, the term ``required 
                beginning date'' means April 1 of the calendar 
                year following the calendar year in which the 
                employee attains age 70-1/2. In the case of a 
                governmental plan or church plan, the required 
                beginning date shall be the later of the date 
                determined under the preceding sentence or 
                April 1 of the calendar year following the 
                calendar year in which the employee retires. 
                For purposes of this subparagraph, the term 
                ``church plan'' means a plan maintained by a 
                church for church employees, and the term 
                ``church'' means any church (as defined in 
                section 3121(w)(3)(A)) or qualified church 
                controlled organization (as defined in section 
                3121(w)(3)(B)).]
                  (C) Required beginning date.--For purposes of 
                this paragraph--
                          (i) In general.--The term ``required 
                        beginning date'' means April 1 of the 
                        calendar year following the later of--
                                  (I) the calendar year in 
                                which the employee attains age 
                                70\1/2\, or
                                  (II) the calendar year in 
                                which the employee retires.
                          (ii) Exception.--Subclause (II) of 
                        clause (i) shall not apply--
                                  (I) except as provided in 
                                section 409(d), in the case of 
                                an employee who is a 5-percent 
                                owner (as defined in section 
                                416) with respect to the plan 
                                year ending in the calendar 
                                year in which the employee 
                                attains age 70\1/2\, or
                                  (II) for purposes of section 
                                408 (a)(6) or (b)(3).
                          (iii) Actuarial adjustment.--In the 
                        case of an employee to whom clause 
                        (i)(II) applies who retires in a 
                        calendar year after the calendar year 
                        in which the employee attains age 70\1/
                        2\, the employee's accrued benefit 
                        shall be actuarially increased to take 
                        into account the period after age 70\1/
                        2\ in which the employee was not 
                        receiving any benefits under the plan.
                          (iv) Exception for governmental and 
                        church plans.--Clauses (ii) and (iii) 
                        shall not apply in the case of a 
                        governmental plan or church plan. For 
                        purposes of this clause, the term 
                        ``church plan'' means a plan maintained 
                        by a church for church employees, and 
                        the term ``church'' means any church 
                        (as defined in section 3121(w)(3)(A)) 
                        or qualified church-controlled 
                        organization (as defined in section 
                        3121(w)(3)(B)).
          * * * * * * *
          (17) Compensation limit.--
                  (A) In general.--A trust shall not constitute 
                a qualified trust under this section unless, 
                under the plan of which such trust is a part, 
                the annual compensation of each employee taken 
                into account under the plan for any year does 
                not exceed $150,000. [In determining the 
                compensation of an employee, the rules of 
                section 414(q)(6) shall apply, except that in 
                applying such rules, the term ``family'' shall 
                include only the spouse of the employee and any 
                lineal descendants of the employee who have not 
                attained age 19 before the close of the year.]
          * * * * * * *
          (20) A trust forming part of a pension plan shall not 
        be treated as failing to constitute a qualified trust 
        under this section merely because the pension plan of 
        which such trust is a part makes 1 or more 
        distributions within 1 taxable year to a distributee on 
        account of a termination of the plan of which the trust 
        is a part, or in the case of a profit-sharing or stock 
        bonus plan, a complete discontinuance of contributions 
        under such plan. This paragraph shall not apply to a 
        defined benefit plan unless the employer maintaining 
        such plan files a notice with the Pension Benefit 
        Guaranty Corporation (at the time and in the manner 
        prescribed by the Pension Benefit Guaranty Corporation) 
        notifying the Corporation of such payment or 
        distribution and the Corporation has approved such 
        payment or distribution or, within 90 days after the 
        date on which such notice was filed, has failed to 
        disapprove such payment or distribution. For purposes 
        of this paragraph, rules similar to the rules of 
        section 402(a)(6)(B) (as in effect before its repeal by 
        section [211] 521 of the Unemployment Compensation 
        Amendments of 1992) shall apply.
          * * * * * * *
          (26) Additional participation requirements.--
                  [(A) In general.--A trust shall not 
                constitute a qualified trust under this 
                subsection unless such trust is part of a plan 
                which on each day of the plan year benefits the 
                lesser of--
                          [(i) 50 employees of the employer, or
                          [(ii) 40 percent or more of all 
                        employees of the employer.]
                  (A) In general.--In the case of a trust which 
                is a part of a defined benefit plan, such trust 
                shall not constitute a qualified trust under 
                this subsection unless on each day of the plan 
                year such trust benefits at least the lesser 
                of--
                          (i) 50 employees of the employer, or
                          (ii) the greater of--
                                  (I) 40 percent of all 
                                employees of the employer, or
                                  (II) 2 employees (or if there 
                                is only 1 employee, such 
                                employee).
          * * * * * * *
                  (G) Separate lines of business.--At the 
                election of the employer and with the consent 
                of the Secretary, this paragraph may be applied 
                separately with respect to each separate line 
                of business of the employer. For purposes of 
                this paragraph, the term ``separate line of 
                business'' has the meaning given such term by 
                section 414(r) (without regard to [paragraph 
                (7)] paragraph (2)(A) or (7) thereof).
          * * * * * * *
          (28) Additional requirements relating to employee 
        stock ownership plans.--
                  (A)  * * *
                  (B) Diversification of investments.--
                          (i)  * * *
          * * * * * * *
                          [(v) Coordination with distribution 
                        rules.--Any distribution required by 
                        this subparagraph shall not be taken 
                        into account in determining whether a 
                        subsequent distribution is a lump sum 
                        distribution under section 402(d)(4)(A) 
                        or in determining whether section 
                        402(c)(10) applies.]
          * * * * * * *
  [(d) Additional Requirements for Qualification of Trusts and 
Plans Benefiting Owner-Employees.--A trust forming part of a 
pension or profit-sharing plan which provides contributions or 
benefits for employees some or all of whom are owner-employees 
shall constitute a qualified trust under this section only if, 
in addition to meeting the requirements of subsection (a), the 
following requirements of this subsection are met by the trust 
and by the plan of which such trust is a part:
          [(1)(A) If the plan provides contributions or 
        benefits for an owner-employee who controls, or for two 
        or more owner-employees who together control, the trade 
        or business with respect to which the plan is 
        established, and who also control as an owner-employee 
        or as owner-employees one or more other trades or 
        businesses, such plan and the plans established with 
        respect to such other trades or businesses, when 
        coalesced, constitute a single plan which meets the 
        requirements of subsection (a) (including paragraph 
        (10) thereof) and of this subsection with respect to 
        the employees of all such trades or businesses 
        (including the trade or business with respect to which 
        the plan intended to qualify under this section is 
        established).
                  [(B) For purposes of subparagraph (A), an 
                owner-employee, or two or more owner-employees, 
                shall be considered to control a trade or 
                business if such owner-employee, or such two or 
                more owner-employees together--
                          [(i) own the entire interest in an 
                        unincorporated trade or business, or
                          [(ii) in the case of a partnership, 
                        own more than 50 percent of either the 
                        capital interest or the profits 
                        interest in such partnership.
For purposes of the preceding sentence, an owner-employee, or 
two or more owner-employees, shall be treated as owning any 
interest in a partnership which is owned, directly or 
indirectly, by a partnership which such owner-employee, or such 
two or more owner-employees, are considered to control within 
the meaning of the preceding sentence.
          [(2) The plan does not provide contributions or 
        benefits for any owner-employee who controls (within 
        the meaning of paragraph (1)(B)), or for two or more 
        owner-employees who together control, as an owner-
        employee or as owner-employees, any other trade or 
        business, unless the employees of each trade or 
        business which such owner-employee or such owner-
        employees control are included under a plan which meets 
        the requirements of subsection (a) (including paragraph 
        (10) thereof) and of this subsection, and provides 
        contributions and benefits for employees which are not 
        less favorable than contributions and benefits provided 
        for owner-employees under the plan.
          [(3) Under the plan, contributions on behalf of any 
        owner-employee may be made only with respect to the 
        earned income of such owner-employee which is derived 
        from the trade or business with respect to which such 
        plan is established.]
  (d) Contribution Limit on Owner-Employees.--A trust forming 
part of a pension or profit-sharing plan which provides 
contributions or benefits for employees some or all of whom are 
owner-employees shall constitute a qualified trust under this 
section only if, in addition to meeting the requirements of 
subsection (a), the plan provides that contributions on behalf 
of any owner-employee may be made only with respect to the 
earned income of such owner-employee which is derived from the 
trade or business with respect to which such plan is 
established.
          * * * * * * *
  (k) Cash or Deferred Arrangements.--
          (1)  * * *
          * * * * * * *
          (3) Application of participation and discrimination 
        standards.--
                  (A) A cash or deferred arrangement shall not 
                be treated as a qualified cash or deferred 
                arrangement unless--
                          (i) those employees eligible to 
                        benefit under the arrangement satisfy 
                        the provisions of section 410(b)(1), 
                        and
                          (ii) the actual deferral percentage 
                        for eligible highly compensated 
                        employees (as defined in paragraph (5)) 
                        for [such year] the plan year bears a 
                        relationship to the actual deferral 
                        percentage for all other eligible 
                        employees [for such plan year] for the 
                        preceding plan year which meets either 
                        of the following tests:
                                  (I) The actual deferral 
                                percentage for the group of 
                                eligible highly compensated 
                                employees is not more than the 
                                actual deferral percentage of 
                                all other eligible employees 
                                multiplied by 1.25.
                                  (II) The excess of the actual 
                                deferral percentage for the 
                                group of eligible highly 
                                compensated employees over that 
                                of all other eligible employees 
                                is not more than 2 percentage 
                                points, and the actual deferral 
                                percentage for the group of 
                                eligible highly compensated 
                                employees is not more than the 
                                actual deferral percentage of 
                                all other eligible employees 
                                multiplied by 2.
                        If 2 or more plans which include cash 
                        or deferred arrangements are considered 
                        as 1 plan for purposes of section 
                        401(a)(4) or 410(b), the cash or 
                        deferred arrangements included in such 
                        plans shall be treated as 1 arrangement 
                        for purposes of this subparagraph. An 
                        arrangement may apply this clause by 
                        using the plan year rather than the 
                        preceding plan year if the employer so 
                        elects, except that if such an election 
                        is made, it may not be changed except 
                        as provided by the Secretary.
                If any highly compensated employee is a 
                participant under 2 or more cash or deferred 
                arrangements of the employer, for purposes of 
                determining the deferral percentage with 
                respect to such employee, all such cash or 
                deferred arrangements shall be treated as 1 
                cash or deferred arrangement.
          * * * * * * *
                  (E) For purposes of this paragraph, in the 
                case of the first plan year of any plan (other 
                than a successor plan), the amount taken into 
                account as the actual deferral percentage of 
                nonhighly compensated employees for the 
                preceding plan year shall be--
                          (i) 3 percent, or
                          (ii) if the employer makes an 
                        election under this subclause, the 
                        actual deferral percentage of nonhighly 
                        compensated employees determined for 
                        such first plan year.
          * * * * * * *
          (4) Other requirements.--
                  (A)  * * *
                  [(B) State and local governments and tax-
                exempt organizations not eligible.--A cash or 
                deferred arrangement shall not be treated as a 
                qualified cash or deferred arrangement if it is 
                part of a plan maintained by--
                          [(i) a State or local government or 
                        political subdivision thereof, or any 
                        agency or instrumentality thereof, or
                          [(ii) any organization exempt from 
                        tax under this subtitle.
                This subparagraph shall not apply to a rural 
                cooperative plan.]
                  (B) Eligibility of state and local 
                governments and tax-exempt organizations.--
                          (i) Tax-exempts eligible.--Except as 
                        provided in clause (ii), any 
                        organization exempt from tax under this 
                        subtitle may include a qualified cash 
                        or deferred arrangement as part of a 
                        plan maintained by it.
                          (ii) Governments ineligible.--A cash 
                        or deferred arrangement shall not be 
                        treated as a qualified cash or deferred 
                        arrangement if it is part of a plan 
                        maintained by a State or local 
                        government or political subdivision 
                        thereof, or any agency or 
                        instrumentality thereof. This clause 
                        shall not apply to a rural cooperative 
                        plan or to a plan of an employer 
                        described in clause (iii).
                          (iii) Treatment of indian tribal 
                        governments.--An employer which is an 
                        Indian tribal government (as defined in 
                        section 7701(a)(40)), a subdivision of 
                        an Indian tribal government (determined 
                        in accordance with section 7871(d)), an 
                        agency or instrumentality of an Indian 
                        tribal government or subdivision 
                        thereof, or a corporation chartered 
                        under Federal, State, or tribal law 
                        which is owned in whole or in part by 
                        any of the foregoing shall be treated 
                        as an organization exempt from tax 
                        under this subtitle for purposes of 
                        clause (i).
          * * * * * * *
          (7) Rural cooperative plan.--For purposes of this 
        subsection--
                  (A)  * * *
                  (B) Rural cooperative defined.--For purposes 
                of subparagraph (A), the term ``rural 
                cooperative'' means--
                          [(i) any organization which--
                                  [(I) is exempt from tax under 
                                this subtitle or which is a 
                                State or local government or 
                                political subdivision thereof 
                                (or agency or instrumentality 
                                thereof), and
                                  [(II) is engaged primarily in 
                                providing electric service on a 
                                mutual or cooperative basis,]
                          (i) any organization which--
                                  (I) is engaged primarily in 
                                providing electric service on a 
                                mutual or cooperative basis, or
                                  (II) is engaged primarily in 
                                providing electric service to 
                                the public in its area of 
                                service and which is exempt 
                                from tax under this subtitle or 
                                which is a State or local 
                                government (or an agency or 
                                instrumentality thereof), other 
                                than a municipality (or an 
                                agency or instrumentality 
                                thereof),
          * * * * * * *
                  (C) Special rule for certain distributions.--
                A rural cooperative plan which includes a 
                qualified cash or deferred arrangement shall 
                not be treated as violating the requirements of 
                section 401(a) or of paragraph (2) merely by 
                reason of a hardship distribution or a 
                distribution to a participant after attainment 
                of age 59\1/2\. For purposes of this section, 
                the term ``hardship distribution'' means a 
                distribution described in paragraph 
                (2)(B)(i)(IV) (without regard to the limitation 
                of its application to profit-sharing or stock 
                bonus plans).
          (8) Arrangement not disqualified if excess 
        contributions distributed.--
                  (A)  * * *
          * * * * * * *
                  (C) Method of distributing excess 
                contributions.--Any distribution of the excess 
                contributions for any plan year shall be made 
                to highly compensated employees [on the basis 
                of the respective portions of the excess 
                contributions attributable to each of such 
                employees] on the basis of the amount of 
                contributions by, or on behalf of, each of such 
                employees.
          * * * * * * *
          (10) Distributions upon termination of plan or 
        disposition of assets or subsidiary.--
                  (A) * * *
                  (B) Distributions must be lump sum 
                distributions.--
                          (i) In general.--An event shall not 
                        be treated as described in subparagraph 
                        (A) with respect to any employee unless 
                        the employee receives a lump sum 
                        distribution by reason of the event.
                          [(ii) Lump sum distribution.--For 
                        purposes of this subparagraph, the term 
                        ``lump sum distribution'' has the 
                        meaning given such term by section 
                        402(d)(4), without regard to clauses 
                        (i), (ii), (iii), and (iv) of 
                        subparagraph (A), subparagraph (B), or 
                        subparagraph (F) thereof.]
                          (ii) Lump-sum distribution.--For 
                        purposes of this subparagraph, the term 
                        ``lump-sum distribution'' has the 
                        meaning given such term by section 
                        402(e)(4)(D) (without regard to 
                        subclauses (I), (II), (III), and (IV) 
                        of clause (i) thereof).
          * * * * * * *
          (11) Adoption of simple plan to meet 
        nondiscrimination tests.--
                  (A) In general.--A cash or deferred 
                arrangement maintained by an eligible employer 
                shall be treated as meeting the requirements of 
                paragraph (3)(A)(ii) if such arrangement 
                meets--
                          (i) the contribution requirements of 
                        subparagraph (B),
                          (ii) the exclusive benefit 
                        requirements of subparagraph (C), and
                          (iii) the vesting requirements of 
                        section 408(p)(3).
                  (B) Contribution requirements.--
                          (i) In general.--The requirements of 
                        this subparagraph are met if, under the 
                        arrangement--
                                  (I) an employee may elect to 
                                have the employer make elective 
                                contributions for the year on 
                                behalf of the employee to a 
                                trust under the plan in an 
                                amount which is expressed as a 
                                percentage of compensation of 
                                the employee but which in no 
                                event exceeds $6,000,
                                  (II) the employer is required 
                                to make a matching contribution 
                                to the trust for the year in an 
                                amount equal to so much of the 
                                amount the employee elects 
                                under subclause (I) as does not 
                                exceed 3 percent of 
                                compensation for the year, and
                                  (III) no other contributions 
                                may be made other than 
                                contributions described in 
                                subclause (I) or (II).
                          (ii) Employer may elect 2-percent 
                        nonelective contribution.--An employer 
                        shall be treated as meeting the 
                        requirements of clause (i)(II) for any 
                        year if, in lieu of the contributions 
                        described in such clause, the employer 
                        elects (pursuant to the terms of the 
                        arrangement) to make nonelective 
                        contributions of 2 percent of 
                        compensation for each employee who is 
                        eligible to participate in the 
                        arrangement and who has at least $5,000 
                        of compensation from the employer for 
                        the year. If an employer makes an 
                        election under this subparagraph for 
                        any year, the employer shall notify 
                        employees of such election within a 
                        reasonable period of time before the 
                        30th day before the beginning of such 
                        year.
                  (C) Exclusive benefit.--The requirements of 
                this subparagraph are met for any year to which 
                this paragraph applies if no contributions were 
                made, or benefits were accrued, for services 
                during such year under any qualified plan of 
                the employer on behalf of any employee eligible 
                to participate in the cash or deferred 
                arrangement, other than contributions described 
                in subparagraph (B).
                  (D) Definitions and special rule.--
                          (i) Definitions.--For purposes of 
                        this paragraph, any term used in this 
                        paragraph which is also used in section 
                        408(p) shall have the meaning given 
                        such term by such section.
                          (ii) Coordination with top-heavy 
                        rules.--A plan meeting the requirements 
                        of this paragraph for any year shall 
                        not be treated as a top-heavy plan 
                        under section 416 for such year.
          (12) Alternative methods of meeting nondiscrimination 
        requirements.--
                  (A) In general.--A cash or deferred 
                arrangement shall be treated as meeting the 
                requirements of paragraph (3)(A)(ii) if such 
                arrangement--
                          (i) meets the contribution 
                        requirements of subparagraph (B) or 
                        (C), and
                          (ii) meets the notice requirements of 
                        subparagraph (D).
                  (B) Matching contributions.--
                          (i) In general.--The requirements of 
                        this subparagraph are met if, under the 
                        arrangement, the employer makes 
                        matching contributions on behalf of 
                        each employee who is not a highly 
                        compensated employee in an amount equal 
                        to--
                                  (I) 100 percent of the 
                                elective contributions of the 
                                employee to the extent such 
                                elective contributions do not 
                                exceed 3 percent of the 
                                employee's compensation, and
                                  (II) 50 percent of the 
                                elective contributions of the 
                                employee to the extent that 
                                such elective contributions 
                                exceed 3 percent but do not 
                                exceed 5 percent of the 
                                employee's compensation.
                          (ii) Rate for highly compensated 
                        employees.--The requirements of this 
                        subparagraph are not met if, under the 
                        arrangement, the rate of matching 
                        contribution with respect to any 
                        elective contribution of a highly 
                        compensated employee at any rate of 
                        elective contribution is greater than 
                        that with respect to an employee who is 
                        not a highly compensated employee.
                          (iii) Alternative plan designs.--If 
                        the rate of any matching contribution 
                        with respect to any rate of elective 
                        contribution is not equal to the 
                        percentage required under clause (i), 
                        an arrangement shall not be treated as 
                        failing to meet the requirements of 
                        clause (i) if--
                                  (I) the rate of an employer's 
                                matching contribution does not 
                                increase as an employee's rate 
                                of elective contributions 
                                increase, and
                                  (II) the aggregate amount of 
                                matching contributions at such 
                                rate of elective contribution 
                                is at least equal to the 
                                aggregate amount of matching 
                                contributions which would be 
                                made if matching contributions 
                                were made on the basis of the 
                                percentages described in clause 
                                (i).
                  (C) Nonelective contributions.--The 
                requirements of this subparagraph are met if, 
                under the arrangement, the employer is 
                required, without regard to whether the 
                employee makes an elective contribution or 
                employee contribution, to make a contribution 
                to a defined contribution plan on behalf of 
                each employee who is not a highly compensated 
                employee and who is eligible to participate in 
                the arrangement in an amount equal to at least 
                3 percent of the employee's compensation.
                  (D) Notice requirement.--An arrangement meets 
                the requirements of this paragraph if, under 
                the arrangement, each employee eligible to 
                participate is, within a reasonable period 
                before any year, given written notice of the 
                employee's rights and obligations under the 
                arrangement which--
                          (i) is sufficiently accurate and 
                        comprehensive to appraise the employee 
                        of such rights and obligations, and
                          (ii) is written in a manner 
                        calculated to be understood by the 
                        average employee eligible to 
                        participate.
                  (E) Other requirements.--
                          (i) Withdrawal and vesting 
                        restrictions.--An arrangement shall not 
                        be treated as meeting the requirements 
                        of subparagraph (B) or (C) of this 
                        paragraph unless the requirements of 
                        subparagraphs (B) and (C) of paragraph 
                        (2) are met with respect to all 
                        employer contributions (including 
                        matching contributions) taken into 
                        account in determining whether the 
                        requirements of subparagraphs (B) and 
                        (C) of this paragraph are met.
                          (ii) Social security and similar 
                        contributions not taken into account.--
                        An arrangement shall not be treated as 
                        meeting the requirements of 
                        subparagraph (B) or (C) unless such 
                        requirements are met without regard to 
                        subsection (l), and, for purposes of 
                        subsection (l), employer contributions 
                        under subparagraph (B) or (C) shall not 
                        be taken into account.
                  (F) Other plans.--An arrangement shall be 
                treated as meeting the requirements under 
                subparagraph (A)(i) if any other plan 
                maintained by the employer meets such 
                requirements with respect to employees eligible 
                under the arrangement.
          * * * * * * *
  (m) Nondiscrimination Test for Matching Contributions and 
Employee Contributions.--
          (1)  * * *
          (2) Requirements.--
                  (A) Contribution percentage requirement.--A 
                plan meets the contribution percentage 
                requirement of this paragraph for any plan year 
                only if the contribution percentage for 
                eligible highly compensated employees for such 
                plan year does not exceed the greater of--
                          (i) 125 percent of such percentage 
                        for all other eligible employees for 
                        the preceding plan year, or
                          (ii) the lesser of 200 percent of 
                        such percentage for all other eligible 
                        employees for the preceding plan year, 
                        or such percentage for all other 
                        eligible employees for the preceding 
                        plan year plus 2 percentage points.
                This subparagraph may be applied by using the 
                plan year rather than the preceding plan year 
                if the employer so elects, except that if such 
                an election is made, it may not be changed 
                except as provided the Secretary.
          * * * * * * *
          (3) Contribution percentage.--For purposes of 
        paragraph (2), the contribution percentage for a 
        specified group of employees for a plan year shall be 
        the average of the ratios (calculated separately for 
        each employee in such group) of--
                  (A) the sum of the matching contributions and 
                employee contributions paid under the plan on 
                behalf of each such employee for such plan 
                year, to
                  (B) the employee's compensation (within the 
                meaning of section 414(s)) for such plan year.
        Under regulations, an employer may elect to take into 
        account (in computing the contribution percentage) 
        elective deferrals and qualified nonelective 
        contributions under the plan or any other plan of the 
        employer. If matching contributions are taken into 
        account for purposes of subsection (k)(3)(A)(ii) for 
        any plan year, such contributions shall not be taken 
        into account under subparagraph (A) for such year. 
        Rules similar to the rules of subsection (k)(3)(E) 
        shall apply for purposes of this subsection.
          * * * * * * *
          (6) Plan not disqualified if excess aggregate 
        contributions distributed before end of following plan 
        year.--
                  (A)  * * *
          * * * * * * *
                  (C) Method of distributing excess aggregate 
                contributions.--Any distribution of the excess 
                aggregate contributions for any plan year shall 
                be made to highly compensated employees [on the 
                basis of the respective portions of such 
                amounts attributable to each of such employees] 
                on the basis of the amount of contributions on 
                behalf of, or by, each such employee. 
                Forfeitures of excess aggregate contributions 
                may not be allocated to participants whose 
                contributions are reduced under this paragraph.
          * * * * * * *
          (10) Alternative method of satisfying tests.--A 
        defined contribution plan shall be treated as meeting 
        the requirements of paragraph (2) with respect to 
        matching contributions if the plan--
                  (A) meets the contribution requirements of 
                subparagraph (B) of subsection (k)(11),
                  (B) meets the exclusive benefit requirements 
                of subsection (k)(11)(C), and
                  (C) meets the vesting requirements of section 
                408(p)(3).
          (11) Alternative method of satisfying tests.--
                  (A) In general.--A defined contribution plan 
                shall be treated as meeting the requirements of 
                paragraph (2) with respect to matching 
                contributions if the plan--
                          (i) meets the contribution 
                        requirements of subparagraph (B) or (C) 
                        of subsection (k)(12),
                          (ii) meets the notice requirements of 
                        subsection (k)(12)(D), and
                          (iii) meets the requirements of 
                        subparagraph (B).
                  (B) Limitation on matching contributions.--
                The requirements of this subparagraph are met 
                if--
                          (i) matching contributions on behalf 
                        of any employee may not be made with 
                        respect to an employee's contributions 
                        or elective deferrals in excess of 6 
                        percent of the employee's compensation,
                          (ii) the rate of an employer's 
                        matching contribution does not increase 
                        as the rate of an employee's 
                        contributions or elective deferrals 
                        increase, and
                          (iii) the matching contribution with 
                        respect to any highly compensated 
                        employee at any rate of an employee 
                        contribution or rate of elective 
                        deferral is not greater than that with 
                        respect to an employee who is not a 
                        highly compensated employee.
          [(10)] (12) Cross reference.--

          For excise tax on certain excess contributions, see section 
        4979.
          * * * * * * *

SEC. 402. TAXABILITY OF BENEFICIARY OF EMPLOYEES' TRUST.

  (a)  * * *
          * * * * * * *
  (c) Rules Applicable to Rollovers From Exempt Trusts.--
          (1)  * * *
          * * * * * * *
          [(10) Denial of averaging for subsequent 
        distributions.--If paragraph (1) applies to any 
        distribution paid to any employee, paragraphs (1) and 
        (3) of subsection (d) shall not apply to any 
        distribution (paid after such distribution) of the 
        balance to the credit of the employee under the plan 
        under which the preceding distribution was made (or 
        under any other plan which, under subsection (d)(4)(C), 
        would be aggregated with such plan).]
          * * * * * * *
  [(d) Tax on Lump Sum Distributions.--
          [(1) Imposition of separate tax on lump sum 
        distributions.--
                  [(A) Separate tax.--There is hereby imposed a 
                tax (in the amount determined under 
                subparagraph (B)) on a lump sum distribution.
                  [(B) Amount of tax.--The amount of tax 
                imposed by subparagraph (A) for any taxable 
                year is an amount equal to 5 times the tax 
                which would be imposed by subsection (c) of 
                section 1 if the recipient were an individual 
                referred to in such subsection and the taxable 
                income were an amount equal to \1/5\ of the 
                excess of--
                          [(i) the total taxable amount of the 
                        lump sum distribution for the taxable 
                        year, over
                          [(ii) the minimum distribution 
                        allowance.
                  [(C) Minimum distribution allowance.--For 
                purposes of this paragraph, the minimum 
                distribution allowance for any taxable year is 
                an amount equal to--
                          [(i) the lesser of $10,000 or one-
                        half of the total taxable amount of the 
                        lump sum distribution for the taxable 
                        year, reduced (but not below zero) by
                          [(ii) 20 percent of the amount (if 
                        any) by which such total taxable amount 
                        exceeds $20,000.
                  [(D) Liability for tax.--The recipient shall 
                be liable for the tax imposed by this 
                paragraph.
          [(2) Distributions of annuity contracts.--
                  [(A) In general.--In the case of any 
                recipient of a lump sum distribution for any 
                taxable year, if the distribution (or any part 
                thereof) is an annuity contract, the total 
                taxable amount of the distribution shall be 
                aggregated for purposes of computing the tax 
                imposed by paragraph (1)(A), except that the 
                amount of tax so computed shall be reduced (but 
                not below zero) by that portion of the tax on 
                the aggregate total taxable amount which is 
                attributable to annuity contracts.
                  [(B) Beneficiaries.--For purposes of this 
                paragraph, a beneficiary of a trust to which a 
                lump sum distribution is made shall be treated 
                as the recipient of such distribution if the 
                beneficiary is an employee (including an 
                employee within the meaning of section 
                401(c)(1)) with respect to the plan under which 
                the distribution is made or if the beneficiary 
                is treated as the owner of such trust for 
                purposes of subpart E of part I of subchapter 
                J.
                  [(C) Annuity contracts.--For purposes of this 
                paragraph, in the case of the distribution of 
                an annuity contract, the taxable amount of such 
                distribution shall be deemed to be the current 
                actuarial value of the contract, determined on 
                the date of such distribution.
                  [(D) Trusts.--In the case of a lump sum 
                distribution with respect to any individual 
                which is made only to 2 or more trusts, the tax 
                imposed by paragraph (1)(A) shall be computed 
                as if such distribution was made to a single 
                trust, but the liability for such tax shall be 
                apportioned among such trusts according to the 
                relative amounts received by each.
                  [(E) Regulations.--The Secretary shall 
                prescribe such regulations as may be necessary 
                to carry out the purposes of this paragraph.
          [(3) Allowance of deduction.--The total taxable 
        amount of a lump sum distribution for any taxable year 
        shall be allowed as a deduction from gross income for 
        such taxable year, but only to the extent included in 
        the taxpayer's gross income for such taxable year.
          [(4) Definitions and special rules.--
                  [(A) Lump sum distribution.--For purposes of 
                this section and section 403, the term ``lump 
                sum distribution'' means the distribution or 
                payment within 1 taxable year of the recipient 
                of the balance to the credit of an employee 
                which becomes payable to the recipient--
                          [(i) on account of the employee's 
                        death,
                          [(ii) after the employee attains age 
                        59\1/2\,
                          [(iii) on account of the employee's 
                        separation from the service, or
                          [(iv) after the employee has become 
                        disabled (within the meaning of section 
                        72(m)(7)),
        from a trust which forms a part of a plan described in 
        section 401(a) and which is exempt from tax under 
        section 501 or from a plan described in section 403(a). 
        Clause (iii) of this subparagraph shall be applied only 
        with respect to an 401(c)(1), and clause (iv) shall be 
        applied only with respect to an employee within the 
        meaning of section 401(c)(1). A distribution of an 
        annuity contract from a trust or annuity plan referred 
        to in the first sentence of this subparagraph shall be 
        treated as a lump sum distribution. For purposes of 
        this subparagraph, a distribution to 2 or more trusts 
        shall be treated as a distribution to 1 recipient. For 
        purposes of this subsection, the balance to the credit 
        of the employee does not include the accumulated 
        deductible employee contributions under the plan 
        (within the meaning of section 72(o)(5)).
                  [(B) Averaging to apply to 1 lump sum 
                distribution after age 59\1/2\.--Paragraph (1) 
                shall apply to a lump sum distribution with 
                respect to an employee under subparagraph (A) 
                only if--
                          [(i) such amount is received on or 
                        after the date on which the employee 
                        has attained age 59\1/2\, and
                          [(ii) the taxpayer elects for the 
                        taxable year to have all such amounts 
                        received during such taxable year so 
                        treated.
                Not more than 1 election may be made under this 
                subparagraph by any taxpayer with respect to 
                any employee. No election may be made under 
                this subparagraph by any taxpayer other than an 
                individual, an estate, or a trust. In the case 
                of a lump sum distribution made with respect to 
                an employee to 2 or more trusts, the election 
                under this subparagraph shall be made by the 
                personal representative of the taxpayer.
                  [(C) Aggregation of certain trusts and 
                plans.--For purposes of determining the balance 
                to the credit of an employee under subparagraph 
                (A)--
                          [(i) all trusts which are part of a 
                        plan shall be treated as a single 
                        trust, all pension plans maintained by 
                        the employer shall be treated as a 
                        single plan, all profit-sharing plans 
                        maintained by the employer shall be 
                        treated as a single plan, and all stock 
                        bonus plans maintained by the employer 
                        shall be treated as a single plan, and
                          [(ii) trusts which are not qualified 
                        trusts under section 401(a) and annuity 
                        contracts which do not satisfy the 
                        requirements of section 404(a)(2) shall 
                        not be taken into account.
                  [(D) Total taxable amount.--For purposes of 
                this section and section 403, the term ``total 
                taxable amount'' means, with respect to a lump 
                sum distribution, the amount of such 
                distribution which exceeds the sum of--
                          [(i) the amounts considered 
                        contributed by the employee (determined 
                        by applying section 72(f)), reduced by 
                        any amounts previously distributed 
                        which were not includible in gross 
                        income, and
                          [(ii) the net unrealized appreciation 
                        attributable to that part of the 
                        distribution which consists of the 
                        securities of the employer corporation 
                        so distributed.
                  [(E) Community property laws.--The provisions 
                of this subsection, other than paragraph (3), 
                shall be applied without regard to community 
                property laws.
                  [(F) Minimum period of service.--For purposes 
                of this subsection, no amount distributed to an 
                employee from or under a plan may be treated as 
                a lump sum distribution under subparagraph (A) 
                unless the employee has been a participant in 
                the plan for 5 or more taxable years before the 
                taxable year in which such amounts are 
                distributed.
                  [(G) Amounts subject to penalty.--This 
                subsection shall not apply to amounts described 
                in subparagraph (A) of section 72(m)(5) to the 
                extent that section 72(m)(5) applies to such 
                amounts.
                  [(H) Balance to credit of employee not to 
                include amounts payable under qualified 
                domestic relations order.--For purpose of this 
                subsection, the balance to the credit of an 
                employee shall not include any amount payable 
                to an alternate payee under a qualified 
                domestic relations order (within the meaning of 
                section 414(p)).
                  [(I) Transfers to cost-of-living arrangement 
                not treated as distribution.--For purposes of 
                this subsection, the balance to the credit of 
                an employee under a defined contribution plan 
                shall not include any amount transferred from 
                such defined contribution plan to a qualified 
                cost-of- living arrangement (within the meaning 
                of section 415(k)(2)) under a defined benefit 
                plan.
                  [(J) Lump sum distributions of alternate 
                payees.--If any distribution or payment of the 
                balance to the credit of an employee would be 
                treated as a lump sum distribution, then, for 
                purposes of this subsection, the payment under 
                a qualified domestic relations order (within 
                the meaning of section 414(p)) of the balance 
                to the credit of an alternate payee who is the 
                spouse or former spouse of the employee shall 
                be treated as a lump sum distribution. For 
                purposes of this subparagraph, the balance to 
                the credit of the alternate payee shall not 
                include any amount payable to the employee.
                  [(K) Treatment of portion not rolled over.--
                If any portion of a lump sum distribution is 
                transferred in a transfer to which subsection 
                (c) applies, paragraphs (1) and (3) shall not 
                apply with respect to the distribution.
                  [(L) Securities.--For purposes of this 
                subsection, the terms ``securities'' and 
                ``securities of the employer corporation'' have 
                the respective meanings provided by subsection 
                (e)(4)(E).
          [(5) Special rule where portions of lump sum 
        distribution attributable to rollover of bond purchased 
        under qualified bond purchase plan.--If any portion of 
        a lump sum distribution is attributable to a transfer 
        described in section 405(d)(3)(A)(ii) (as in effect 
        before its repeal by the Tax Reform Act of 1984), 
        paragraphs (1) and (3) of this subsection shall not 
        apply to such portion.
          [(6) Treatment of potential future vesting.--
                  [(A) In general.--For purposes of determining 
                whether any distribution which becomes payable 
                to the recipient on account of the employee's 
                separation from service is a lump sum 
                distribution, the balance to the credit of the 
                employee shall be determined without regard to 
                any increase in vesting which may occur if the 
                employee is reemployed by the employer.
                  [(B) Recapture in certain cases.--If--
                          [(i) an amount is treated as a lump 
                        sum distribution by reason of 
                        subparagraph (A),
                          [(ii) special lump sum treatment 
                        applies to such distribution,
                          [(iii) the employee is subsequently 
                        reemployed by the employer, and
                          [(iv) as a result of services 
                        performed after being so reemployed, 
                        there is an increase in the employee's 
                        vesting for benefits accrued before the 
                        separation referred to in subparagraph 
                        (A),
                under regulations prescribed by the Secretary, 
                the tax imposed by this chapter for the taxable 
                year (in which the increase in vesting first 
                occurs) shall be increased by the reduction in 
                tax which resulted from the special lump 
                treatment (and any election under paragraph 
                4(B) shall not be taken into account for 
                purposes of determining whether the employee 
                may make another election under paragraph 
                (4)(B)).
                  [(C) Special lump sum treatment.--For 
                purposes of this paragraph, special lump 
                treatment applies to any distribution if any 
                portion of such distribution is taxed under the 
                subsection by reason of any election under 
                paragraph (4)(B).
                  [(D) Vesting.--For purposes of this 
                paragraph, the term ``vesting'' means the 
                portion of the accrued benefits derived from 
                employer contributions to which the participant 
                has a nonforfeitable right.
          [(7) Coordination with foreign tax credit 
        limitations.--Subsections (a), (b), and (c) of section 
        904 shall be applied separately with respect to any 
        lump sum distribution on which tax is imposed under 
        paragraph (1), and the amount of such distribution 
        shall be treated as the taxable income for purposes of 
        such separate application.]
  (d) Taxability of Beneficiary of Certain Foreign Situs 
Trusts.--For purposes of subsections (a), (b), and (c), a stock 
bonus, pension, or profit-sharing trust which would qualify for 
exemption from tax under section 501(a) except for the fact 
that it is a trust created or organized outside the United 
States shall be treated as if it were a trust exempt from tax 
under section 501(a).
  (e) Other Rules Applicable to Exempt Trusts.--
          (1)  * * *
          * * * * * * *
          (4) Net unrealized appreciation.--
                  (A)  * * *
          * * * * * * *
                  [(D) Lump sum distribution.--For purposes of 
                this paragraph, the term ``lump sum 
                distribution'' has the meaning given such term 
                by subsection (d)(4)(A) (without regard to 
                subsection (d)(4)(F)).]
                  (D) Lump-sum distribution.--For purposes of 
                this paragraph--
                          (i) In general.--The term ``lump sum 
                        distribution'' means the distribution 
                        or payment within one taxable year of 
                        the recipient of the balance to the 
                        credit of an employee which becomes 
                        payable to the recipient--
                                  (I) on account of the 
                                employee's death,
                                  (II) after the employee 
                                attains age 59\1/2\,
                                  (III) on account of the 
                                employee's separation from 
                                service, or
                                  (IV) after the employee has 
                                become disabled (within the 
                                meaning of section 72(m)(7)),
                        from a trust which forms a part of a 
                        plan described in section 401(a) and 
                        which is exempt from tax under section 
                        501 or from a plan described in section 
                        403(a). Subclause (III) of this clause 
                        shall be applied only with respect to 
                        an individual who is an employee 
                        without regard to section 401(c)(1), 
                        and subclause (IV) shall be applied 
                        only with respect to an employee within 
                        the meaning of section 401(c)(1). For 
                        purposes of this clause, a distribution 
                        to two or more trusts shall be treated 
                        as a distribution to one recipient. For 
                        purposes of this paragraph, the balance 
                        to the credit of the employee does not 
                        include the accumulated deductible 
                        employee contributions under the plan 
                        (within the meaning of section 
                        72(o)(5)).
                          (ii) Aggregation of certain trusts 
                        and plans.--For purposes of determining 
                        the balance to the credit of an 
                        employee under clause (i)--
                                  (I) all trusts which are part 
                                of a plan shall be treated as a 
                                single trust, all pension plans 
                                maintained by the employer 
                                shall be treated as a single 
                                plan, all profit-sharing plans 
                                maintained by the employer 
                                shall be treated as a single 
                                plan, and all stock bonus plans 
                                maintained by the employer 
                                shall be treated as a single 
                                plan, and
                                  (II) trusts which are not 
                                qualified trusts under section 
                                401(a) and annuity contracts 
                                which do not satisfy the 
                                requirements of section 
                                404(a)(2) shall not be taken 
                                into account.
                          (iii) Community property laws.--The 
                        provisions of this paragraph shall be 
                        applied without regard to community 
                        property laws.
                          (iv) Amounts subject to penalty.--
                        This paragraph shall not apply to 
                        amounts described in subparagraph (A) 
                        of section 72(m)(5) to the extent that 
                        section 72(m)(5) applies to such 
                        amounts.
                          (v) Balance to credit of employee not 
                        to include amounts payable under 
                        qualified domestic relations order.--
                        For purposes of this paragraph, the 
                        balance to the credit of an employee 
                        shall not include any amount payable to 
                        an alternate payee under a qualified 
                        domestic relations order (within the 
                        meaning of section 414(p)).
                          (vi) Transfers to cost-of-living 
                        arrangement not treated as 
                        distribution.--For purposes of this 
                        paragraph, the balance to the credit of 
                        an employee under a defined 
                        contribution plan shall not include any 
                        amount transferred from such defined 
                        contribution plan to a qualified cost-
                        of-living arrangement (within the 
                        meaning of section 415(k)(2)) under a 
                        defined benefit plan.
                          (vii) Lump-sum distributions of 
                        alternate payees.--If any distribution 
                        or payment of the balance to the credit 
                        of an employee would be treated as a 
                        lump-sum distribution, then, for 
                        purposes of this paragraph, the payment 
                        under a qualified domestic relations 
                        order (within the meaning of section 
                        414(p)) of the balance to the credit of 
                        an alternate payee who is the spouse or 
                        former spouse of the employee shall be 
                        treated as a lump-sum distribution. For 
                        purposes of this clause, the balance to 
                        the credit of the alternate payee shall 
                        not include any amount payable to the 
                        employee.
          [(5) Taxability of beneficiary of certain foreign 
        situs trusts.--For purposes of subsections (a), (b), 
        and (c), a stock bonus, pension, or profit-sharing 
        trust which would qualify for exemption from tax under 
        section 501(a) except for the fact that it is a trust 
        created or organized outside the United States shall be 
        treated as if it were a trust exempt from tax under 
        section 501(a).]
          * * * * * * *
  (g) Limitation on Exclusion for Elective Deferrals.--
          (1)  * * *
          * * * * * * *
          (3) Elective deferrals.--For purposes of this 
        subsection, the term ``elective deferrals'' means, with 
        respect to any taxable year, the sum of--
                  (A) any employer contribution under a 
                qualified cash or deferred arrangement (as 
                defined in section 401(k)) to the extent not 
                includible in gross income for the taxable year 
                under subsection [(a)(8)] (e)(3) (determined 
                without regard to this subsection),
                  (B) any employer contribution to the extent 
                not includible in gross income for the taxable 
                year under subsection (h)(1)(B) (determined 
                without regard to this subsection), [and]
                  (C) any employer contribution to purchase an 
                annuity contract under section 403(b) under a 
                salary reduction agreement (within the meaning 
                of section 3121(a)(5)(D))[.], and
                  (D) any elective employer contribution under 
                section 408(p)(2)(A)(i).
        An employer contribution shall not be treated as an 
        elective deferral described in subparagraph (C) if 
        under the salary reduction agreement such contribution 
        is made pursuant to a one-time irrevocable election 
        made by the employee at the time of initial eligibility 
        to participate in the agreement or is made pursuant to 
        a similar arrangement involving a one-time irrevocable 
        election specified in regulations.
          * * * * * * *
  (k) Treatment of Simple Retirement Accounts.--Rules similar 
to the rules of paragraphs (1) and (3) of subsection (h) shall 
apply to contributions and distributions with respect to a 
simple retirement account under section 408(p).

SEC. 403. TAXATION OF EMPLOYEE ANNUITIES.

  (a)  * * *
  (b) Taxability of Beneficiary Under Annuity Purchased By 
Section 501(c)(3) Organization or Public School.--
          (1) General rule.--If--
                  (A)  * * *
          * * * * * * *
                  [(E) in the case of a contract purchased 
                under a plan which provides a salary reduction 
                agreement, the plan meets the requirements of 
                section 401(a)(30),]
                  (E) in the case of a contract purchased under 
                a salary reduction agreement, the contract 
                meets the requirements of section 401(a)(30),
        then amounts contributed by such employer for such 
        annuity contract on or after such rights become 
        nonforfeitable shall be excluded from the gross income 
        of the employee for the taxable year to the extent that 
        the aggregate of such amounts does not exceed the 
        exclusion allowance for such taxable year. The amount 
        actually distributed to any distributee under such 
        contract shall be taxable to the distributee (in the 
        year in which so distributed) under section 72 
        (relating to annuities). For purposes of applying the 
        rules of this subsection to amounts contributed by an 
        employer for a taxable year, amounts transferred to a 
        contract described in this paragraph by reason of a 
        rollover contribution described in paragraph (8) of 
        this subsection or section 408(d)(3)(A)(iii) shall not 
        be considered contributed by such employer.
          * * * * * * *
          (10) Distribution requirements.--Under regulations 
        prescribed by the Secretary, this subsection shall not 
        apply to any annuity contract (or to any custodial 
        account described in paragraph (7) or retirement income 
        account described in paragraph (9)) unless requirements 
        similar to the requirements of section 401(a)(9) and 
        401(a)(31) are met (and requirements similar to the 
        incidental death benefit requirements of section 401(a) 
        are met) with respect to such annuity contract (or 
        custodial account or retirement income account). Any 
        amount transferred in [an] a direct trustee-to-trustee 
        transfer in accordance with section 401(a)(31) shall 
        not be includible in gross income for the taxable year 
        of the transfer.
          * * * * * * *

SEC. 404. DEDUCTION FOR CONTRIBUTIONS OF AN EMPLOYER TO AN EMPLOYEES' 
                    TRUST OR ANNUITY PLAN AND COMPENSATION UNDER A 
                    DEFERRED PAYMENT PLAN.

  (a) General Rule.--If contributions are paid by an employer 
to or under a stock bonus, pension, profit-sharing, or annuity 
plan, or if compensation is paid or accrued on account of any 
employee under a plan deferring the receipt of such 
compensation, such contributions or compensation shall not be 
deductible under this chapter; but, if they would otherwise be 
deductible, they shall be deductible under this section, 
subject, however, to the following limitations as to the 
amounts deductible in any year:
          (1)  * * *
          (2) Employees' annuities.--In the taxable year when 
        paid, in an amount determined in accordance with 
        paragraph (1), if the contributions are paid toward the 
        purchase of retirement annuities, or retirement 
        annuities and medical benefits as described in section 
        401(h), and such purchase is part of a plan which meets 
        the requirements of section 401(a) (3), (4), (5), (6), 
        (7), (8), (9), (11), (12), (13), (14), (15), (16), 
        (17), [(18),] (19), (20), (22), (26), (27) and (31) 
        and, if applicable, the requirements of section 
        401(a)(10) and of section 401(d), and if refunds of 
        premiums, if any, are applied within the current 
        taxable year or next succeeding taxable year toward the 
        purchase of such retirement annuities, or such 
        retirement annuities and medical benefits.
          * * * * * * *
  (j) Special Rules Relating to Application With Section 415.--
          (1) No deduction in excess of section 415 
        limitation.--In computing the amount of any deduction 
        allowable under paragraph (1), (2), (3), (4), (7), or 
        [(10)] (9) of subsection (a) for any year--
                  (A) in the case of a defined benefit plan, 
                there shall not be taken into account any 
                benefits for any year in excess of any 
                limitation on such benefits under section 415 
                for such year, or
                  (B) in the case of a defined contribution 
                plan, the amount of any contributions otherwise 
                taken into account shall be reduced by any 
                annual additions in excess of the limitation 
                under section 415 for such year.
          * * * * * * *
  (l) Limitation on Amount of Annual Compensation Taken Into 
Account.--For purposes of applying the limitations of this 
section, the amount of annual compensation of each employee 
taken into account under the plan for any year shall not exceed 
$150,000. The Secretary shall adjust the $150,000 amount at the 
same time, and by the same amount, as any adjustment under 
section 401(a)(17)(B). For purposes of clause (i), (ii), or 
(iii) of subsection (a)(1)(A), and in computing the full 
funding limitation, any adjustment under the preceding sentence 
shall not be taken into account for any year before the year 
for which such adjustment first takes effect. [In determining 
the compensation of an employee, the rules of section 414(q)(6) 
shall apply, except that in applying such rules, the term 
``family'' shall include only the spouse of the employee and 
any lineal descendants of the employee who have not attained 
age 19 before the close of the year.]
  (m) Special Rules for Simple Retirement Accounts.--
          (1) In general.--Employer contributions to a simple 
        retirement account shall be treated as if they are made 
        to a plan subject to the requirements of this section.
          (2) Timing.--
                  (A) Deduction.--Contributions described in 
                paragraph (1) shall be deductible in the 
                taxable year of the employer with or within 
                which the calendar year for which the 
                contributions were made ends.
                  (B) Contributions after end of year.--For 
                purposes of this subsection, contributions 
                shall be treated as made for a taxable year if 
                they are made on account of the taxable year 
                and are made not later than the time prescribed 
                by law for filing the return for the taxable 
                year (including extensions thereof).
          * * * * * * *

SEC. 406. EMPLOYEES OF FOREIGN AFFILIATES COVERED BY SECTION 3121(l) 
                    AGREEMENTS.

  (a)  * * *
          * * * * * * *
  [(c) Termination of Status as Deemed Employee Not To Be 
Treated as Separation From Service for Purposes of Limitation 
of Tax.--For purposes of applying section 402(d) with respect 
to an individual who is treated as an employee of an American 
employer under subsection (a), such individual shall not be 
considered as separated from the service of such American 
employer solely by reason of the fact that--
          [(1) the agreement entered into by such American 
        employer under section 3121(l) which covers the 
        employment of such individual is terminated under the 
        provisions of such section,
          [(2) such individual becomes an employee of a foreign 
        affiliate with respect to which such agreement does not 
        apply,
          [(3) such individual ceases to be an employee of the 
        foreign affiliate by reason of which he is treated as 
        an employee of such American employer, if he becomes an 
        employee of another entity in which such American 
        employer has not less than a 10-percent interest 
        (within the meaning of section 3121(l)(8)(B)), or
          [(4) the provision of the plan described in 
        subsection (a)(2) is terminated.]
          * * * * * * *
  (e) Treatment as Employee Under Related Provisions.--An 
individual who is treated as an employee of an American 
employer under subsection (a) shall also be treated as an 
employee of such American employer, with respect to the plan 
described in subsection (a)(2), for purposes of applying the 
following provisions of this title:
          (1) Section 72(f) (relating to special rules for 
        computing employees' contributions).
          [(2) Section 101(b) (relating to employees' death 
        benefits).]
          [(3)] (2) Section 2039 (relating to annuities).
          * * * * * * *

SEC. 407. CERTAIN EMPLOYEES OF DOMESTIC SUBSIDIARIES ENGAGED IN 
                    BUSINESS OUTSIDE THE UNITED STATES.

  (a)  * * *
          * * * * * * *
  [(c) Termination of Status as Deemed Employee Not To Be 
Treated as Separation From Service for Purposes of Limitations 
of Tax.--For purposes of applying section 402(d) with respect 
to an individual who is treated as an employee of a domestic 
parent corporation under subsection (a), such individual shall 
not be considered as separated from the service of such 
domestic parent corporation solely by reason of the fact that--
          [(1) the corporation of which such individual is an 
        employee ceases, for any taxable year, to be a domestic 
        subsidiary within the meaning of subsection (a)(2)(A),
          [(2) such individual ceases to be an employee of a 
        domestic subsidiary of such domestic parent 
        corporation, if he becomes an employee of another 
        corporation controlled by such domestic parent 
        corporation, or
          [(3) the provision of the plan described in 
        subsection (a)(1)(A) is terminated.]
          * * * * * * *
  (e) Treatment as Employee Under Related Provisions.--An 
individual who is treated as an employee of a domestic parent 
corporation under subsection (a) shall also be treated as an 
employee of such domestic parent corporation, with respect to 
the plan described in subsection (a)(1)(A), for purposes of 
applying the following provisions of this title:
          (1) Section 72(f) (relating to special rules for 
        computing employees' contributions).
          [(2) Section 101(b) (relating to employees' death 
        benefits).]
          [(3)] (2) Section 2039 (relating to annuities).
          * * * * * * *

SEC. 408. INDIVIDUAL RETIREMENT ACCOUNTS.

  (a)  * * *
          * * * * * * *
  (d) Tax Treatment of Distributions.--
          (1)  * * *
          * * * * * * *
          (3) Rollover contribution.--An amount is described in 
        this paragraph as a rollover contribution if it meets 
        the requirements of subparagraphs (A) and (B).
                  (A)  * * *
          * * * * * * *
                  (G) Simple retirement accounts.--This 
                paragraph shall not apply to any amount paid or 
                distributed out of a simple retirement account 
                (as defined in section 408(p)) unless--
                          (i) it is paid into another simple 
                        retirement account, or
                          (ii) in the case of any payment or 
                        distribution to which section 72(t)(8) 
                        does not apply, it is paid into an 
                        individual retirement plan.
          * * * * * * *
  (i) Reports.--The trustee of an individual retirement account 
and the issuer of an endowment contract described in subsection 
(b) or an individual retirement annuity shall make such reports 
regarding such account, contract, or annuity to the Secretary 
and to the individuals for whom the account, contract, or 
annuity is, or is to be, maintained with respect to 
contributions (and the years to which they relate), 
distributions aggregating $10 or more in any calendar year, and 
such other matters as the Secretary may require under 
regulations. The reports required by this subsection--
          (1) shall be filed at such time and in such manner as 
        the Secretary prescribes in such regulations, and
          (2) shall be furnished to individuals--
                  (A) not later than January 31 of the calendar 
                year following the calendar year to which such 
                reports relate, and
                  (B) in such manner as the Secretary 
                prescribes in such regulations.
In the case of a simple retirement account under subsection 
(p), only one report under this subsection shall be required to 
be submitted each calendar year to the Secretary (at the time 
provided under paragraph (2)) but, in addition to the report 
under this subsection, there shall be furnished, within 30 days 
after each calendar year, to the individual on whose behalf the 
account is maintained a statement with respect to the account 
balance as of the close of, and the account activity during, 
such calendar year.
          * * * * * * *
  (k) Simplified Employee Pension Defined.--
          (1)  * * *
          (2) Participation requirements.--This paragraph is 
        satisfied with respect to a simplified employee pension 
        for a year only if for such year the employer 
        contributes to the simplified employee pension of each 
        employee who--
                  (A) has attained age 21,
                  (B) has performed service for the employer 
                during at least 3 of the immediately preceding 
                5 years, and
                  (C) received at least $300 in compensation 
                (within the meaning of section [414(q)(7)] 
                414(q)(4)) from the employer for the year.
For purposes of this paragraph, there shall be excluded from 
consideration employees described in subparagraph (A) or (C) of 
section 410(b)(3). For purposes of any arrangement described in 
subsection (k)(6), any employee who is eligible to have 
employer contributions made on the employee's behalf under such 
arrangement shall be treated as if such a contribution was 
made.
          * * * * * * *
          (6) Employee may elect salary reduction 
        arrangement.--
                  (A)  * * *
          * * * * * * *
                  (H) Termination.--This paragraph shall not 
                apply to years beginning after December 31, 
                1996. The preceding sentence shall not apply to 
                a simplified employee pension if the terms of 
                such pension, as in effect on December 31, 
                1996, provide that an employee may make the 
                election described in subparagraph (A).
  (l) Simplified employer reports.--[An employer]
          (1) In general.--An employer who makes a contribution 
        on behalf of an employee to a simplified employee 
        pension shall provide such simplified reports with 
        respect to such contributions as the Secretary may 
        require by regulations. The reports required by this 
        subsection shall be filed at such time and in such 
        manner, and information with respect to such 
        contributions shall be furnished to the employee at 
        such time and in such manner, as may be required by 
        regulations.
          (2) Simple retirement accounts.--
                  (A) No employer reports.--Except as provided 
                in this paragraph, no report shall be required 
                under this section by an employer maintaining a 
                qualified salary reduction arrangement under 
                subsection (p).
                  (B) Summary description.--The trustee of any 
                simple retirement account established pursuant 
                to a qualified salary reduction arrangement 
                under subsection (p) shall provide to the 
                employer maintaining the arrangement, each year 
                a description containing the following 
                information:
                          (i) The name and address of the 
                        employer and the trustee.
                          (ii) The requirements for eligibility 
                        for participation.
                          (iii) The benefits provided with 
                        respect to the arrangement.
                          (iv) The time and method of making 
                        elections with respect to the 
                        arrangement.
                          (v) The procedures for, and effects 
                        of, withdrawals (including rollovers) 
                        from the arrangement.
                  (C) Employee notification.--The employer 
                shall notify each employee immediately before 
                the period for which an election described in 
                subsection (p)(5)(C) may be made of the 
                employee's opportunity to make such election. 
                Such notice shall include a copy of the 
                description described in subparagraph (B).
          * * * * * * *
  (p) Simple Retirement Accounts.--
          (1) In general.--For purposes of this title, the term 
        ``simple retirement account'' means an individual 
        retirement plan (as defined in section 7701(a)(37))--
                  (A) with respect to which the requirements of 
                paragraphs (3), (4), and (5) are met; and
                  (B) with respect to which the only 
                contributions allowed are contributions under a 
                qualified salary reduction arrangement.
          (2) Qualified salary reduction arrangement.--
                  (A) In general.--For purposes of this 
                subsection, the term ``qualified salary 
                reduction arrangement'' means a written 
                arrangement of an eligible employer under 
                which--
                          (i) an employee eligible to 
                        participate in the arrangement may 
                        elect to have the employer make 
                        payments--
                                  (I) as elective employer 
                                contributions to a simple 
                                retirement account on behalf of 
                                the employee, or
                                  (II) to the employee directly 
                                in cash,
                          (ii) the amount which an employee may 
                        elect under clause (i) for any year is 
                        required to be expressed as a 
                        percentage of compensation and may not 
                        exceed a total of $6,000 for any year,
                          (iii) the employer is required to 
                        make a matching contribution to the 
                        simple retirement account for any year 
                        in an amount equal to so much of the 
                        amount the employee elects under clause 
                        (i)(I) as does not exceed the 
                        applicable percentage of compensation 
                        for the year, and
                          (iv) no contributions may be made 
                        other than contributions described in 
                        clause (i) or (iii).
                  (B) Employer may elect 2-percent nonelective 
                contribution.--An employer shall be treated as 
                meeting the requirements of subparagraph 
                (A)(iii) for any year if, in lieu of the 
                contributions described in such clause, the 
                employer elects to make nonelective 
                contributions of 2 percent of compensation for 
                each employee who is eligible to participate in 
                the arrangement and who has at least $5,000 of 
                compensation from the employer for the year. If 
                an employer makes an election under this 
                subparagraph for any year, the employer shall 
                notify employees of such election within a 
                reasonable period of time before the 30-day 
                period for such year under paragraph (5)(C).
                  (C) Definitions.--For purposes of this 
                subsection--
                          (i) Eligible employer.--The term 
                        ``eligible employer'' means an employer 
                        who employs 100 or fewer employees on 
                        any day during the year.
                          (ii) Applicable percentage.--
                                  (I) In general.--The term 
                                ``applicable percentage'' means 
                                3 percent.
                                  (II) Election of lower 
                                percentage.--An employer may 
                                elect to apply a lower 
                                percentage (not less than 1 
                                percent) for any year for all 
                                employees eligible to 
                                participate in the plan for 
                                such year if the employer 
                                notifies the employees of such 
                                lower percentage within a 
                                reasonable period of time 
                                before the 30-day election 
                                period for such year under 
                                paragraph (5)(C). An employer 
                                may not elect a lower 
                                percentage under this subclause 
                                for any year if that election 
                                would result in the applicable 
                                percentage being lower than 3 
                                percent in more than 2 of the 
                                years in the 5-year period 
                                ending with such year.
                                  (III) Special rule for years 
                                arrangement not in effect.--If 
                                any year in the 5-year period 
                                described in subclause (II) is 
                                a year prior to the first year 
                                for which any qualified salary 
                                reduction arrangement is in 
                                effect with respect to the 
                                employer (or any predecessor), 
                                the employer shall be treated 
                                as if the level of the employer 
                                matching contribution was at 3 
                                percent of compensation for 
                                such prior year.
                  (D) Arrangement may be only plan of 
                employer.--
                          (i) In general.--An arrangement shall 
                        not be treated as a qualified salary 
                        reduction arrangement for any year if 
                        the employer (or any predecessor 
                        employer) maintained a qualified plan 
                        with respect to which contributions 
                        were made, or benefits were accrued, 
                        for service in any year in the period 
                        beginning with the year such 
                        arrangement became effective and ending 
                        with the year for which the 
                        determination is being made.
                          (ii) Qualified plan.--For purposes of 
                        this subparagraph, the term ``qualified 
                        plan'' means a plan, contract, pension, 
                        or trust described in subparagraph (A) 
                        or (B) of section 219(g)(5).
                  (E) Cost-of-living adjustment.--The Secretary 
                shall adjust the $6,000 amount under 
                subparagraph (A)(ii) at the same time and in 
                the same manner as under section 415(d), except 
                that the base period taken into account shall 
                be the calendar quarter ending September 30, 
                1995, and any increase under this subparagraph 
                which is not a multiple of $500 shall be 
                rounded to the next lower multiple of $500.
          (3) Vesting requirements.--The requirements of this 
        paragraph are met with respect to a simple retirement 
        account if the employee's rights to any contribution to 
        the simple retirement account are nonforfeitable. For 
        purposes of this paragraph, rules similar to the rules 
        of subsection (k)(4) shall apply.
          (4) Participation requirements.--
                  (A) In general.--The requirements of this 
                paragraph are met with respect to any simple 
                retirement account for a year only if, under 
                the qualified salary reduction arrangement, all 
                employees of the employer who--
                          (i) received at least $5,000 in 
                        compensation from the employer during 
                        any 2 preceding years, and
                          (ii) are reasonably expected to 
                        receive at least $5,000 in compensation 
                        during the year,
                are eligible to make the election under 
                paragraph (2)(A)(i) or receive the nonelective 
                contribution described in paragraph (2)(B).
                  (B) Excludable employees.--An employer may 
                elect to exclude from the requirement under 
                subparagraph (A) employees described in section 
                410(b)(3).
          (5) Administrative requirements.--The requirements of 
        this paragraph are met with respect to any simplified 
        retirement account if, under the qualified salary 
        reduction arrangement--
                  (A) an employer must--
                          (i) make the elective employer 
                        contributions under paragraph (2)(A)(i) 
                        not later than the close of the 30-day 
                        period following the last day of the 
                        month with respect to which the 
                        contributions are to be made, and
                          (ii) make the matching contributions 
                        under  paragraph  (2)(A)(iii)  or the 
                        nonelective contributions under 
                        paragraph (2)(B) not  later than the 
                        date described in section 404(m)(2)(B),
                  (B) an employee may elect to terminate 
                participation in such arrangement at any time 
                during the year, except that if an employee so 
                terminates, the arrangement may provide that 
                the employee may not elect to resume 
                participation until the beginning of the next 
                year, and
                  (C) each employee eligible to participate may 
                elect, during the 30-day period before the 
                beginning of any year (and the 30-day period 
                before the first day such employee is eligible 
                to participate), to participate in the 
                arrangement, or to modify the amounts subject 
                to such arrangement, for such year.
          (6) Definitions.--For purposes of this subsection--
                  (A) Compensation.--
                          (i) In general.--The term 
                        ``compensation'' means amounts 
                        described in paragraphs (3) and (8) of 
                        section 6051(a).
                          (ii) Self-employed.--In the case of 
                        an employee described in subparagraph 
                        (B), the term ``compensation'' means 
                        net earnings from self-employment 
                        determined under section 1402(a) 
                        without regard to any contribution 
                        under this subsection.
                  (B) Employee.--The term ``employee'' includes 
                an employee as defined in section 401(c)(1).
                  (C) Year.--The term ``year'' means the 
                calendar year.
  [(p)] (q) Cross References.--
          (1)  * * *
     * * * * * * *

                        Subpart B--Special Rules

          * * * * * * *

SEC. 411. MINIMUM VESTING STANDARDS.

  (a) General Rule.--A trust shall not constitute a qualified 
trust under section 401(a) unless the plan of which such trust 
is a part provides that an employee's right to his normal 
retirement benefit is nonforfeitable upon the attainment of 
normal retirement age (as defined in paragraph (8)) and in 
addition satisfies the requirements of paragraphs (1), (2), and 
(11) of this subsection and the requirements of subsection 
(b)(3), and also satisfies, in the case of a defined benefit 
plan, the requirements of subsection (b)(1) and, in the case of 
a defined contribution plan, the requirements of subsection 
(b)(2).
          (1)  * * *
          (2) Employer contributions.--A plan satisfies the 
        requirements of this paragraph if it satisfies the 
        requirements of [subparagraph (A), (B), or (C)] 
        subparagraph (A) or (B).
                  (A) 5-year vesting.--A plan satisfies the 
                requirements of this subparagraph if an 
                employee who has completed at least 5 years of 
                service has a nonforfeitable right to 100 
                percent of the employee's accrued benefit 
                derived from employer contributions.
          * * * * * * *
                  [(C) Multiemployer plans.--A plan satisfies 
                the requirements of this subparagraph if--
                          [(i) the plan is a multiemployer plan 
                        (within the meaning of section 414(f)), 
                        and
                          [(ii) under the plan--
                                  [(I) an employee who is 
                                covered pursuant to a 
                                collective bargaining agreement 
                                described in section 
                                414(f)(1)(B) and who has 
                                completed at least 10 years of 
                                service has a nonforfeitable 
                                right to 100 percent of the 
                                employee's accrued benefit 
                                derived from employer 
                                contributions, and
                                  [(II) the requirements of 
                                subparagraph (A) or (B) are met 
                                with respect to employees not 
                                described in subclause (I).]
          * * * * * * *

SEC. 414. DEFINITIONS AND SPECIAL RULES.

  (a)  * * *
  (b) Employees of Controlled Group of Corporations.--For 
purposes of sections 401, 408(k), 408(p), 410, 411, 415, and 
416, all employees of all corporations which are members of a 
controlled group of corporations (within the meaning of section 
1563(a), determined without regard to section 1563(a)(4) and 
(e)(3)(C)) shall be treated as employed by a single employer. 
With respect to a plan adopted by more than one such 
corporation, the applicable limitations provided by section 
404(a) shall be determined as if all such employers were a 
single employer, and allocated to each employer in accordance 
with regulations prescribed by the Secretary.
  (c) Employees of Partnerships, Proprietorships, Etc., Which 
Are Under Common Control.--For purposes of sections 401, 
408(k), 408(p), 410, 411, 415, and 416, under regulations 
prescribed by the Secretary, all employees of trades or 
businesses (whether or not incorporated) which are under common 
control shall be treated as employed by a single employer. The 
regulations prescribed under this subsection shall be based on 
principles similar to the principles which apply in the case of 
subsection (b).
          * * * * * * *
  (m) Employees of an Affiliated Service Group.--
          (1)  * * *
          * * * * * * *
          (4) Employee benefit requirements.--For purposes of 
        this subsection, the employee benefit requirements 
        listed in this paragraph are--
                  (A) paragraphs (3), (4), (7), (16), (17), and 
                (26) of section 401(a), and
                  (B) sections 408(k), 408(p), 410, 411, 415, 
                and 416.
          * * * * * * *
  (n) Employee Leasing.--
          (1)  * * *
          (2) Leased employee.--For purposes of paragraph (1), 
        the term ``leased employee'' means any person who is 
        not an employee of the recipient and who provides 
        services to the recipient if--
                  (A)  * * *
          * * * * * * *
                  [(C) such services are of a type historically 
                performed, in the busine