[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2847 Engrossed Amendment House (EAH)]
In the House of Representatives, U. S.,
March 4, 2010.
Resolved, That the House agree to the amendment of the Senate to the
amendment of the House to the amendment of the Senate to the bill (H.R. 2847)
entitled ``An Act making appropriations for the Departments of Commerce and
Justice, and Science, and Related Agencies for the fiscal year ending September
30, 2010, and for other purposes.'', with the following
HOUSE ADMENDMENT TO SENATE AMENDMENT TO HOUSE AMENDMENT TO SENATE
AMENDMENT:
In section 101 of the matter proposed to be inserted by the pending
Senate amendment--
(1) In section 3111(d) of the Internal Revenue Code of
1986, as proposed to be added by subsection (a) of such section
101, add at the end the following new paragraph:
``(5) Special rule for first calendar quarter of 2010.--
``(A) Nonapplication of exemption during first
quarter.--Paragraph (1) shall not apply with respect to
wages paid during the first calendar quarter of 2010.
``(B) Crediting of first quarter exemption during second
quarter.--The amount by which the tax imposed under subsection
(a) would (but for subparagraph (A)) have been reduced with
respect to wages paid by a qualified employer during the first
calendar quarter of 2010 shall be treated as a payment against
the tax imposed under subsection (a) with respect to the
qualified employer for the second calendar quarter of 2010
which is made on the date that such tax is due.''.
(2) Strike subsection (d) of such section 101 and insert
the following new subsections:
(d) Application to Railroad Retirement Taxes.--
(1) In general.--Section 3221 of the Internal Revenue Code
of 1986 is amended by redesignating subsection (c) as
subsection (d) and by inserting after subsection (b) the
following new subsection:
``(c) Special Rate for Certain Individuals Hired in 2010.--
``(1) In general.--In the case of compensation paid by a
qualified employer during the period beginning on the day after
the date of the enactment of this subsection and ending on
December 31, 2010, with respect to having a qualified
individual in the employer's employ for services rendered to
such qualified employer, the applicable percentage under
subsection (a) shall be equal to the rate of tax in effect
under section 3111(b) for the calendar year.
``(2) Qualified employer.--The term `qualified employer'
means any employer other than the United States, any State, or
any political subdivision thereof, or any instrumentality of
the foregoing.
``(3) Qualified individual.--For purposes of this
subsection, the term `qualified individual' means any
individual who--
``(A) begins employment with a qualified employer
after February 3, 2010, and before January 1, 2011,
``(B) certifies by signed affidavit, under
penalties of perjury, that such individual has not been
employed for more than 40 hours during the 60-day
period ending on the date such individual begins such
employment,
``(C) is not employed by the qualified employer to
replace another employee of such employer unless such
other employee separated from employment voluntarily or
for cause, and
``(D) is not an individual described in section
51(i)(1) (applied by substituting `qualified employer'
for `taxpayer' each place it appears).
``(4) Election.--A qualified employer may elect to have
this subsection not apply. Such election shall be made in such
manner as the Secretary may require.
``(5) Special rule for first calendar quarter of 2010.--
``(A) Nonapplication of exemption during first
quarter.--Paragraph (1) shall not apply with respect to
compensation paid during the first calendar quarter of
2010.
``(B) Crediting of first quarter exemption during
second quarter.--The amount by which the tax imposed
under subsection (a) would (but for subparagraph (A))
have been reduced with respect to compensation paid by
a qualified employer during the first calendar quarter
of 2010 shall be treated as a payment against the tax
imposed under subsection (a) with respect to the
qualified employer for the second calendar quarter of
2010 which is made on the date that such tax is due.''.
(2) Transfers to social security equivalent benefit
account.--There are hereby appropriated to the Social Security
Equivalent Benefit Account established under section 15A(a) of
the Railroad Retirement Act of 1974 (45 U.S.C. 231n-1(a))
amounts equal to the reduction in revenues to the Treasury by
reason of the amendments made by paragraph (1). Amounts
appropriated by the preceding sentence shall be transferred
from the general fund at such times and in such manner as to
replicate to the extent possible the transfers which would have
occurred to such Account had such amendments not been enacted.
(e) Effective Dates.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by this subsection shall apply to wages paid
after the date of the enactment of this Act.
(2) Railroad retirement taxes.--The amendments made by
subsection (d) shall apply to compensation paid after the date
of the enactment of this Act.
In section 102 of the matter proposed to be inserted by the pending
Senate amendment--
(1) Strike subsection (a) of such section 102 and insert
the following new subsection:
(a) In General.--In the case of any taxable year ending after the
date of the enactment of this Act, the current year business credit
determined under section 38(b) of the Internal Revenue Code of 1986 for
such taxable year shall be increased, with respect to each retained
worker with respect to which subsection (b)(2) is first satisfied
during such taxable year, by the lesser of--
(1) $1,000, or
(2) 6.2 percent of the wages (as defined in section
3401(a)) paid by the taxpayer to such retained worker during
the 52 consecutive week period referred to in subsection
(b)(2).
(2) In subsection (b) of such section 102, insert ``or
section 3221(c)(3)'' after ``section 3111(d)(3)''.
(3) In subsection (b)(3) of such section 102, insert ``(as
defined in section 3401(a))'' after ``wages'' the first place
it appears therein.
(4) At the end of such section 102, add the following new
subsection:
(d) Treatment of Possessions.--
(1) Payments to possessions.--
(A) Mirror code possessions.--The Secretary of the
Treasury shall pay to each possession of the United
States with a mirror code tax system amounts equal to
the loss to that possession by reason of the
application of this section (other than this
subsection). Such amounts shall be determined by the
Secretary of the Treasury based on information provided
by the government of the respective possession.
(B) Other possessions.--The Secretary of the
Treasury shall pay to each possession of the United
States which does not have a mirror code tax system
amounts estimated by the Secretary of the Treasury as
being equal to the aggregate benefits that would have
been provided to residents of such possession by reason
of the application of this section (other than this
subsection) if a mirror code tax system had been in
effect in such possession. The preceding sentence shall
not apply with respect to any possession of the United
States unless such possession has a plan, which has
been approved by the Secretary of the Treasury, under
which such possession will promptly distribute such
payments to the residents of such possession.
(2) Coordination with credit allowed against united states
income taxes.--No increase in the credit determined under
section 38(b) of the Internal Revenue Code of 1986 against
United States income taxes for any taxable year determined
under subsection (a) shall be taken into account with respect
to any person--
(A) to whom a credit is allowed against taxes
imposed by the possession by reason of this section for
such taxable year, or
(B) who is eligible for a payment under a plan
described in paragraph (1)(B) with respect to such
taxable year.
(3) Definitions and special rules.--
(A) Possession of the united states.--For purposes
of this subsection, the term ``possession of the United
States'' includes the Commonwealth of Puerto Rico and
the Commonwealth of the Northern Mariana Islands.
(B) Mirror code tax system.--For purposes of this
subsection, the term ``mirror code tax system'' means,
with respect to any possession of the United States,
the income tax system of such possession if the income
tax liability of the residents of such possession under
such system is determined by reference to the income
tax laws of the United States as if such possession
were the United States.
(C) Treatment of payments.--For purposes of section
1324(b)(2) of title 31, United States Code, rules
similar to the rules of section 1001(b)(3)(C) of the
American Recovery and Reinvestment Tax Act of 2009
shall apply.
In section 301 of the matter proposed to be inserted by the pending
Senate amendment--
(1) In section 6431(f)(1) of the Internal Revenue Code of
1986, as proposed to be added by subsection (a) of such section
301, strike subparagraph (C) and insert the following new
subparagraph:
``(C) the amount of the payment determined under
subsection (b) with respect to any interest payment due
under such bond shall be equal to the lesser of--
``(i) the amount of interest payable under
such bond on such date, or
``(ii) the amount of interest which would
have been payable under such bond on such date
if such interest were determined at the
applicable credit rate determined under section
54A(b)(3),''.
(2) In section 6431(f) of the Internal Revenue Code of
1986, as proposed to be added by subsection (a) of such section
301, strike paragraph (2) and insert the following new
paragraphs:
``(2) Special rule for new clean renewable energy bonds and
qualified energy conservation bonds.--In the case of any
specified tax credit bond described in clause (i) or (ii) of
paragraph (3)(A), the amount determined under paragraph
(1)(C)(ii) shall be 70 percent of the amount so determined
without regard to this paragraph and sections 54C(b) and
54D(b).
``(3) Specified tax credit bond.--For purposes of this
subsection, the term ``specified tax credit bond'' means any
qualified tax credit bond (as defined in section 54A(d)) if--
``(A) such bond is--
``(i) a new clean renewable energy bond (as
defined in section 54C),
``(ii) a qualified energy conservation bond
(as defined in section 54D),
``(iii) a qualified zone academy bond (as
defined in section 54E), or
``(iv) a qualified school construction bond
(as defined in section 54F), and
``(B) the issuer of such bond makes an irrevocable
election to have this subsection apply.''.
At the end title IV of the matter proposed to be inserted by the
pending Senate amendment, add the following (and conform the table of
contents accordingly):
Subtitle E--Disadvantaged Business Enterprises
SEC. 451. DISADVANTAGED BUSINESS ENTERPRISES.
(a) Definitions.--In this section, the following definitions apply:
(1) Small business concern.-- The term ``small business
concern'' has the meaning that term has under section 3 of the
Small Business Act (15 U.S.C. 632), except that the term shall
not include any concern or group of concerns controlled by the
same socially and economically disadvantaged individual or
individuals which has average annual gross receipts over the
preceding 3 fiscal years in excess of $22,410,000, as adjusted
annually by the Secretary of Transportation for inflation.
(2) Socially and economically disadvantaged individuals.--
The term ``socially and economically disadvantaged
individuals'' has the meaning that term has under section 8(d)
of the Small Business Act (15 U.S.C. 637(d)) and relevant
subcontracting regulations issued pursuant to that Act, except
that women shall be presumed to be socially and economically
disadvantaged individuals for purposes of this section.
(b) General Rule.--Except to the extent that the Secretary of
Transportation determines otherwise, not less than 10 percent of the
amounts made available for any program under titles I, III, and V of
SAFETEA-LU (Public Law 109-59), subtitles A and C of this title, and
section 403 of title 23, United States Code, shall be expended through
small business concerns owned and controlled by socially and
economically disadvantaged individuals.
(c) Annual Listing of Disadvantaged Business Enterprises.--Each
State shall annually--
(1) survey and compile a list of the small business
concerns referred to in subsection (a) and the location of the
concerns in the State; and
(2) notify the Secretary of Transportation, in writing, of
the percentage of the concerns that are controlled by women, by
socially and economically disadvantaged individuals (other than
women), and by individuals who are women and are otherwise
socially and economically disadvantaged individuals.
(d) Uniform Certification.--The Secretary of Transportation shall
establish minimum uniform criteria for State governments to use in
certifying whether a concern qualifies for purposes of this section.
The minimum uniform criteria shall include, but not be limited to, on-
site visits, personal interviews, licenses, analysis of stock
ownership, listing of equipment, analysis of bonding capacity, listing
of work completed, resume of principal owners, financial capacity, and
type of work preferred.
(e) Compliance With Court Orders.--Nothing in this section limits
the eligibility of an entity or person to receive funds made available
under titles I, III, and V of SAFETEA-LU (Public Law 109-59), subtitles
A and C of this title, and section 403 of title 23, United States Code,
if the entity or person is prevented, in whole or in part, from
complying with subsection (b) because a Federal court issues a final
order in which the court finds that the requirement of subsection (b),
or the program established under subsection (b), is unconstitutional.
In section 551(a) of the matter proposed to be inserted by the
pending Senate amendment, strike ``December 31, 2019'' and insert
``December 31, 2020''.
At the end of title V of the matter proposed to be inserted by the
pending Senate amendment, add the following new subtitle (and conform
the table of contents accordingly):
Subtitle C--Budgetary Provisions
SEC. 561. TIME FOR PAYMENT OF CORPORATE ESTIMATED TAXES.
Notwithstanding section 6655 of the Internal Revenue Code of 1986,
in the case of a corporation with assets of not less than
$1,000,000,000 (determined as of the end of the preceding taxable
year)--
(1) the percentage under paragraph (1) of section 202(b) of
the Corporate Estimated Tax Shift Act of 2009 in effect on the
date of the enactment of this Act is increased by 23 percentage
points,
(2) the amount of any required installment of corporate
estimated tax which is otherwise due in July, August, or
September of 2015 shall be 121.5 percent of such amount,
(3) the amount of any required installment of corporate
estimated tax which is otherwise due in July, August, or
September of 2019 shall be 106.5 percent of such amount, and
(4) the amount of the next required installment after an
installment referred to in paragraph (2) or (3) shall be
appropriately reduced to reflect the amount of the increase by
reason of such paragraph.
SEC. 562. PAYGO COMPLIANCE.
The budgetary effects of this Act, for purposes of complying with
the Statutory Pay-As-You-Go-Act of 2010, shall be determined by
reference to the latest statement titled ``Budgetary Effects of PAYGO
Legislation'' for this Act, jointly submitted for printing in the
Congressional Record by the Chairmen of the House and Senate Budget
Committees, provided that such statement has been submitted prior to
the vote on passage in the House acting first on this conference report
or amendments between the Houses.
Attest:
Clerk.
111th CONGRESS
2d Session
H.R. 2847
_______________________________________________________________________
HOUSE AMENDMENT TO SENATE AMENDMENT TO HOUSE AMENDMENT TO SENATE
AMENDMENT