[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