[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 497 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 497

 To amend the Internal Revenue Code of 1986 to provide incentives for 
                         improving mine safety.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 14, 2009

 Mr. Ellsworth (for himself, Mr. Rahall, and Mr. Paul) introduced the 
 following bill; which was referred to the Committee on Ways and Means

_______________________________________________________________________

                                 A BILL


 
 To amend the Internal Revenue Code of 1986 to provide incentives for 
                         improving mine safety.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. ADVANCED MINE SAFETY EQUIPMENT CREDIT IN LIEU OF EXPENSING.

    (a) In General.--Subpart D of part IV of subchapter A of chapter 1 
of the Internal Revenue Code of 1986 is amended by adding at the end 
the following new section:

``SEC. 45R. ADVANCED MINE SAFETY EQUIPMENT CREDIT.

    ``(a) In General.--For purposes of section 38, the advanced mine 
safety equipment credit determined under this section for the taxable 
year is an amount equal to 50 percent of the amount paid or incurred by 
the taxpayer during the taxable year for qualified advanced mine safety 
equipment property.
    ``(b) Qualified Advanced Mine Safety Equipment Property.--For 
purposes of this section, the term `qualified advanced mine safety 
equipment property' means any advanced mine safety equipment property 
for use in any underground mine located in the United States--
            ``(1) the original use of which commences with the 
        taxpayer,
            ``(2) which is property of a character subject to the 
        allowance for depreciation, and
            ``(3) which is placed in service by the taxpayer after the 
        date of the enactment of this section.
    ``(c) Advanced Mine Safety Equipment Property.--For purposes of 
this section, the term `advanced mine safety equipment property' means 
any of the following:
            ``(1) Emergency communication technology or device which is 
        used to allow a miner to maintain constant communication with 
        an individual who is not in the mine.
            ``(2) Electronic identification and location device which 
        allows an individual who is not in the mine to track at all 
        times the movements and location of miners working in or at the 
        mine.
            ``(3) Emergency oxygen-generating, self-rescue device which 
        provides oxygen for at least 90 minutes.
            ``(4) Pre-positioned supplies of oxygen which (in 
        combination with self-rescue devices) can be used to provide 
        each miner on a shift, in the event of an accident or other 
        event which traps the miner in the mine or otherwise 
        necessitates the use of such a self-rescue device, the ability 
        to survive for at least 48 hours.
            ``(5) Comprehensive atmospheric monitoring system which 
        monitors the levels of carbon monoxide, methane, and oxygen 
        that are present in all areas of the mine and which can detect 
        smoke in the case of a fire in a mine.
    ``(d) Basis Adjustment.--For purposes of this subtitle, if a credit 
is determined under this section in connection with any expenditure for 
any property, the increase in the basis of such property which would 
(but for this subsection) result from such expenditure shall be reduced 
by the amount of the credit so determined.
    ``(e) Reporting.--No credit shall be determined under subsection 
(a) with respect to any taxpayer for any taxable year unless such 
taxpayer files with the Secretary a report containing such information 
with respect to the operation of the mines of the taxpayer as the 
Secretary shall require.''.
    (b) Denial of Double Benefit.--Section 280C of such Code is amended 
by adding at the end the following new subsection:
    ``(g) Advanced Mine Safety Equipment Credit.--No deduction shall be 
allowed for that portion of the expenses otherwise allowable as a 
deduction for the taxable year which is equal to the amount of the 
credit determined for the taxable year under section 45R(a).''.
    (c) Allowance of Credit Against Alternative Minimum Tax.--
Subparagraph (B) of section 38(c)(4) of such Code is amended by 
redesignating clauses (vi) through (viii) as clauses (vii) through 
(ix), respectively, and by inserting after clause (v) the following new 
clause:
                            ``(vi) the credit determined under section 
                        45R.''.
    (d) Repeal of Election To Expense Advanced Mine Safety Equipment.--
            (1) Part VI of subchapter B of chapter 1 of such Code is 
        amended--
                    (A) by striking section 179E, and
                    (B) by striking the item relating to such section 
                in the table of sections of such part.
            (2) Section 263(a)(1) of such Code is amended by striking 
        subparagraph (L), by striking ``, or'' at the end of 
        subparagraph (K) and inserting a period, and by inserting 
        ``or'' at the end of subparagraph (J).
            (3) Section 312(k)(3)(B) of such Code is amended by 
        striking ``179D, or 179E'' each place it appears in the heading 
        and text thereof and inserting ``or 179D''.
            (4) Paragraphs (2)(C) and (3)(C) of section 1245(a) of such 
        Code are each amended by striking ``179E,''.
    (e) Conforming Amendments.--
            (1) Section 38(b) of such Code is amended by striking 
        ``plus'' at the end of paragraph (34), by striking the period 
        at the end of paragraph (35) and inserting ``, plus'', and by 
        adding at the end the following:
            ``(36) the advanced mine safety equipment credit determined 
        under section 45R(a).''.
            (2) The table of sections for subpart D of part IV of 
        subchapter A of chapter 1 of such Code is amended by inserting 
        after the item relating to section 45Q the following new item:

``Sec. 45R. Advanced mine safety equipment credit.''.
    (f) Effective Date.--The amendments made by this section shall 
apply to property placed in service after the date of the enactment of 
this Act.

SEC. 2. MINE RESCUE TEAM TRAINING CREDIT INCREASED, ALLOWED AGAINST 
              AMT, AND MADE PERMANENT.

    (a) Increased Credit Amount.--Subsection (a) of section 45N of the 
Internal Revenue Code of 1986 is amended--
            (1) by striking ``20 percent'' in paragraph (1) and 
        inserting ``40 percent'', and
            (2) by striking ``$10,000'' in paragraph (2) and inserting 
        ``$20,000''.
    (b) Allowance of Credit Against Alternative Minimum Tax.--
Subparagraph (B) of section 38(c)(4) of such Code, as amended by this 
Act, is amended by redesignating clauses (vi) through (ix) as clauses 
(vii) through (x), respectively, and by inserting after clause (v) the 
following new clause:
                            ``(vi) the credit determined under section 
                        45N,''.
    (c) Repeal of Termination.--Section 45N of such Code is amended by 
striking subsection (e).
    (d) Effective Date.--
            (1) In general.--Except as provided in paragraph (2), the 
        amendments made by this section shall apply to taxable years 
        beginning after the date of the enactment of this Act.
            (2) Allowance of credit against alternative minimum tax.--
        The amendments made by subsection (b) shall apply to credits 
        determined under section 45N of the Internal Revenue Code of 
        1986 in taxable years beginning after the date of the enactment 
        of this Act, and to carrybacks of such credits.
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