[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 408 Introduced in Senate (IS)]

114th CONGRESS
  1st Session
                                 S. 408

To amend the Internal Revenue Code of 1986 to modify the rules for tax-
exempt enterprise zone facility bonds and to extend the tax incentives 
                         for empowerment zones.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            February 5, 2015

Ms. Stabenow (for herself and Mr. Blunt) introduced the following bill; 
     which was read twice and referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL


 
To amend the Internal Revenue Code of 1986 to modify the rules for tax-
exempt enterprise zone facility bonds and to extend the tax incentives 
                         for empowerment zones.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Empowering Jobs Act of 2015''.

SEC. 2. MODIFICATION OF RULES FOR TAX-EXEMPT ENTERPRISE ZONE FACILITY 
              BONDS.

    (a) In General.--Clause (i) of section 1394(b)(3)(B) of the 
Internal Revenue Code of 1986 is amended--
            (1) by striking ``References'' and inserting the following:
                                    ``(I) In general.--Except as 
                                provided in subclause (II), 
                                references'', and
            (2) by adding at the end the following new subclause:
                                    ``(II) Special rule for employee 
                                residence test.--For purposes of 
                                subsection (b)(6) and (c)(5) of section 
                                1397C, an employee shall be treated as 
                                a resident of an empowerment zone if 
                                such employee is a resident of an 
                                empowerment zone, an enterprise 
                                community, or a qualified low-income 
                                community within an applicable 
                                nominating jurisdiction.''.
    (b) Definitions.--
            (1) Qualified low-income community.--Paragraph (3) of 
        section 1394(b) of the Internal Revenue Code of 1986 is amended 
        by redesignating subparagraphs (C) and (D) as subparagraphs (D) 
        and (E), respectively, and by inserting after subparagraph (B) 
        the following new subparagraph:
                    ``(C) Qualified low-income community.--For purposes 
                of subparagraph (B)--
                            ``(i) In general.--The term `qualified low-
                        income community' means any population census 
                        tract if--
                                    ``(I) the poverty rate for such 
                                tract is at least 20 percent, or
                                    ``(II) the median family income for 
                                such tract does not exceed 80 percent 
                                of statewide median family income (or, 
                                in the case of a tract located within a 
                                metropolitan area, metropolitan area 
                                median family income if greater).
                        Subclause (II) shall be applied using 
                        possessionwide median family income in the case 
                        of census tracts located within a possession of 
                        the United States.
                            ``(ii) Targeted populations.--The Secretary 
                        shall prescribe regulations under which 1 or 
                        more targeted populations (within the meaning 
                        of section 103(20) of the Riegle Community 
                        Development and Regulatory Improvement Act of 
                        1994) may be treated as a qualified low-income 
                        communities.
                            ``(iii) Areas not within census tracts.--In 
                        the case of an area which is not tracted for 
                        population census tracts, the equivalent county 
                        divisions (as defined by the Bureau of the 
                        Census for purposes of defining poverty areas) 
                        shall be used for purposes of determining 
                        poverty rates and median family income.
                            ``(iv) Modification of income requirement 
                        for census tracts within high migration rural 
                        counties.--
                                    ``(I) In general.--In the case of a 
                                population census tract located within 
                                a high migration rural county, clause 
                                (i)(II) shall be applied to areas not 
                                located within a metropolitan area by 
                                substituting `85 percent' for `80 
                                percent'.
                                    ``(II) High migration rural 
                                county.--For purposes of this clause, 
                                the term `high migration rural county' 
                                means any county which, during the 20-
                                year period ending with the year in 
                                which the most recent census was 
                                conducted, has a net out-migration of 
                                inhabitants from the county of at least 
                                10 percent of the population of the 
                                county at the beginning of such 
                                period.''.
            (2) Applicable nominating jurisdiction.--Subparagraph (D) 
        of section 1394(b)(3) of such Code, as redesignated by 
        paragraph (1), is amended by adding at the end the following 
        new clause:
                            ``(iii) Applicable nominating 
                        jurisdiction.--The term `applicable nominating 
                        jurisdiction' means, with respect to any 
                        empowerment zone or enterprise community, any 
                        local government that nominated such community 
                        for designation under section 1391.''.
    (c) Conforming Amendments.--
            (1) Clause (iii) of section 1394(b)(3)(B) of such Code is 
        amended by striking ``or an enterprise community'' and 
        inserting ``, an enterprise community, or a qualified low-
        income community within an applicable nominating 
        jurisdiction''.
            (2) Subparagraph (D) of section 1394(b)(3) of such Code, as 
        redesignated by subsection (b)(1), is amended by striking 
        ``Definitions'' and inserting ``Other definitions''.
    (d) Effective Date.--The amendments made by this section shall 
apply to bonds issued before, on, or after the date of the enactment of 
this Act and not redeemed before the date of the enactment of this Act.

SEC. 3. EXTENSION OF EMPOWERMENT ZONE TAX INCENTIVES.

    (a) In General.--Clause (i) of section 1391(d)(1)(A), as amended by 
the Tax Increase Prevention Act of 2014, is amended by striking 
``December 31, 2014'' and inserting ``December 31, 2016''.
    (b) Treatment of Certain Termination Dates Specified in 
Nominations.--In the case of a designation of an empowerment zone the 
nomination for which included a termination date which is 
contemporaneous with the date specified in subparagraph (A)(i) of 
section 1391(d)(1) of the Internal Revenue Code of 1986 (as in effect 
before the enactment of this Act), subparagraph (B) of such section 
shall not apply with respect to such designation if, after the date of 
the enactment of this section, the entity which made such nomination 
amends the nomination to provide for a new termination date in such 
manner as the Secretary of the Treasury (or the Secretary's designee) 
may provide.
    (c) Effective Dates.--The amendment made by subsection (a) shall 
apply to periods after December 31, 2014.
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