[Congressional Record Volume 142, Number 73 (Wednesday, May 22, 1996)]
[House]
[Pages H5445-H5478]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




               SMALL BUSINESS JOB PROTECTION ACT OF 1996

  Mr. ARCHER. Mr. Speaker, pursuant to House Resolution 440, I call up 
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, and ask for its immediate 
consideration in the House.
  The Clerk read the title of the bill.
  The SPEAKER pro tempore (Mr. Walker). Pursuant to House Resolution 
440, the Committee amendment in the nature of a substitute printed in 
the bill is considered read.
  The text of the committee amendment in the nature of a substitute is 
as follows:

                               H.R. 3448

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

     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.

[[Page H5446]]

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 thThe applicable
                                                             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

[[Page H5447]]

     (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

[[Page H5448]]

     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:

[[Page H5449]]

       ``(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

[[Page H5450]]

     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

[[Page H5451]]

     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.

[[Page H5452]]

       ``(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 annuiThe number of anticipated 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.''
       (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).

[[Page H5453]]

       ``(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:

[[Page H5454]]

       ``(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

[[Page H5455]]

     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--

[[Page H5456]]

       (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

[[Page H5457]]

     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.

[[Page H5458]]

       (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.

[[Page H5459]]

       ``(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

[[Page H5460]]

       ``(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 deprecation 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

[[Page H5461]]

     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

[[Page H5462]]

     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''.

[[Page H5463]]

       (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''.

[[Page H5464]]

       (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.--

[[Page H5465]]

       (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 is elected by the 
     employee) during the period which begins on the

[[Page H5466]]

     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)''.

[[Page H5467]]

       (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.

  The SPEAKER pro tempore. Under the rule, the gentleman from Texas 
[Mr. Archer] and the gentleman from Florida [Mr. Gibbons] each will 
control 30 minutes.
  The Chair recognizes the gentleman from Texas [Mr. Archer].

[[Page H5468]]

                              {time}  1845


                             general leave

  Mr. ARCHER. Mr. Speaker, I ask unanimous consent that all Members may 
have 5 legislative days within which to revise and extend their remarks 
and include extraneous material on H.R. 3448.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Texas?
  There was no objection.
  Mr. ARCHER. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, millions of Americans worry about their ability to 
retire with security and comfort.
  Some worry because their employer is unable to provide them with a 
benefit and pensions. Others worry about whether their existing 
pensions will be there for them when they retire.
  The bill that we pass in the House today will come as a blessing for 
all of these Americans. This bill will make it easier for people to get 
pensions and it will protect the pensions of those who already have 
them.
  These Republican pension reforms should provide relief and comfort 
for countless middle-income Americans struggling to make ends meet.
  Republicans recognize that the middle-class crunch is real and these 
reforms are designed to help people make more and save more.
  Our bill contains more than two dozen specific pension reforms.
  Thirty-six million Americans work for small businesses that can't 
afford to provide pensions to their employees. These 36 million people 
will benefit from our simple plan. This plan allows small businesses 
tax favored treatment when they establish pension plans for their 
workers.
  Two million Americans who work for tax-exempt organizations will, for 
the first time, be eligible to sign up for 401(k) savings plans.
  And in what is called the Orange County provision, 16 million people 
who work for State and local governments will no longer have to fear 
losing their pensions in the event of a bankruptcy. Our section 457 
trust reforms protect their retirement savings from creditors.
  In addition to pension reforms, the bill we pass today includes seven 
other items that will help small businesses and their workers. They 
include creation of the work opportunity tax credit designed to 
encourage the hiring of hard-to-place works, and an increase in 
expensing for small businesses to help the Nation's job creators grow 
and create more jobs. I note that this item was part of our Contract 
With America.
  We change S corporation laws to make it easier for families to 
maintain their enterprises and we extend a popular tax provision that 
allows employers to provide their workers with educational assistance 
on a tax favored basis.
  All these changes will give small businesses and their workers a 
helping hand as they wrestle with the middle-class crunch. Although 
President Clinton vetoed them once before, I am confident he will now 
sign these Republican reforms.
  One final note. This isn't all we've done on pension reforms and we 
are about to do even more. Last year, we passed expanded individual 
retirement accounts; IRA's for homemakers; we created a new American 
dream savings account that can be used for education, first-time home 
purchases, and extraordinary medical expenses.
  President Clinton vetoed all these measures, but we're going to pass 
them again and this time we hope he'll support them.
  I am delighted these initiatives are passing in the House today and I 
look forward to them becoming law.
  Mr. Speaker, I reserve the balance of my time.
  Mr. GIBBONS. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I am going to yield to the gentleman from Puerto Rico 
[Mr. Romero-Barcelo]. The gentleman from Puerto Rico [Mr. Romero-
Barcelo] represents the millions of Americans, the millions of 
Americans, who are disenfranchised because they happen to live in 
Puerto Rico. He is a distinguished Member of Congress, and he deserves 
our rapt attention. He is the former Governor of Puerto Rico, and a 
great part of this bill affects the lives of the people of Puerto Rico. 
So I hope all Member will pay rapt attention to his words.
  Mr. Speaker, I yield 4 minutes to the gentleman from Puerto Rico [Mr. 
Romero-Barcelo].
  Mr. ROMERO-BARCELO. Mr. Speaker, I thank the gentleman from Florida 
for yielding me time.
  Mr. Speaker, the differences between democracy and totalitarianism is 
that in totalitarianism the end justifies the means. In a democracy the 
means are at least as important as the end, if not more important.
  This act has a good purpose, to provide businesses, small businesses, 
with tax breaks. We are all for that. But how does it go about 
providing small businesses with tax breaks?
  It collects revenues from Puerto Rico. Tax revenues that up to now 
have not been collected, to the tune of $4.8 billion, which is more 
than half of the tax cuts that are going to be provided for the small 
businesses in eight years.
  Now, this funding, this money that is being collected from Puerto 
Rico, is not being turned back to Puerto Rico at all. Puerto Rico, 
which is the poorest jurisdiction in the Nation, Puerto Rico has the 
lowest per capita income than the State with the lowest per capital 
income, which is Mississippi, we have less than half the per capita 
income, we have more than double the unemployment of the Nation, and 
the tax cuts that were being given to Puerto Rico and the 
other territories is for the purpose of promoting jobs.

  Now, is it fair for the poorest jurisdiction in the Nation to 
subsidize the tax cuts for small businesses in 50 States of the Nation? 
I submit, Mr. Speaker, that that is grossly unfair. That is something 
that should not be allowed.
  But I have no vote. I represent 3.8 million U.S. citizens, six times 
more than the average here in the House, but I am not allowed to vote. 
I am disenfranchised. We are all disenfranchised. But we are not merely 
resident aliens, we are U.S. citizens, and have been since 1917.
  Mr. Speaker, what do we say to the children of men who have given 
their lives in defense of the Nation? That here, when we need to have 
tax cuts for small businesses, we cannot find it anywhere else, but we 
go to Puerto Rico and grab $4.8 billion in 8 years to subsidize these 
tax cuts? And I have not been given an opportunity even to submit an 
amendment here on the floor?
  I was not given an opportunity to really participate in anything, any 
of the discussions in the Committee on Ways and Means. Mr. Speaker, I 
have been probably the most critical person of the tax breaks based on 
income, the tax credit based on income, the so-called section 936. But 
we are proposing a substitute, that we have tax credits based on 
salaries, on wages. And this has been supported by some of the speakers 
here today when they were discussing the rule, by some of the 
Republicans when they were discussing the rule. That is what we 
proposed as a substitute.
  Why try to save the companies or give them a 10-year holiday, the 
ones that earn the most money in Puerto Rico, the ones that receive the 
most profits, the most benefits, give them a 10-year holiday for now, 
but it does not produce a single new job, when we could be taxing them, 
but at the same time providing for tax credits based on wages, which 
would stimulate further investment to create more jobs, and the 
revenues obtained in Puerto Rico; that we listen to what the President 
is proposing and what we have proposed, that because the people of 
Puerto Rico do not have the same safety net that at least in health 
care, at least in health care, this money be used to make Puerto Rico 
whole in health care.
  We get less than 10 percent of what we would get in Medicaid for 
health care in Puerto Rico if we were treated as a State. Now, if any 
State in the Nation had to pay over 90 percent of their Medicaid costs 
now, they would be broke. And here we are not being given anything out 
of this revenue for Medicaid.
  Mr. Speaker, I submit that this bill should be reviewed and that this 
should not be approved today.
  Mr. ARCHER. Mr. Speaker, I yield 2 minutes to the gentleman from new 
York [Mr. Houghton], a respected member of the Committee on Ways and 
Means.
  (Mr. HOUGHTON asked and was given permission to revise and extend his 
remarks.)

[[Page H5469]]

  Mr. HOUGHTON. Mr. Speaker, I thank the gentleman for yielding me 
time.
  Mr. Speaker, I am here to support not only the minimum wage bill, but 
also the work opportunity tax credit. I would first like to say a word 
about the gentleman from Buffalo, NY, Mr. Jack Quinn, because he has 
been a leading light and real pusher of this thing from way back, and I 
also would like to thank the gentleman from Pennsylvania, Mr. Phil 
English, for what he has done and the gentleman from Kansas, Mr. Pat 
Roberts, for his work on the work opportunity tax credit, and also my 
friend the gentleman from New York, Mr. Charlie Rangel, over here.
  This is a plain sense bill. It is part of the tax package. I would 
like to focus just the few seconds I have on the work opportunity tax 
credit.
  This is something, really, which makes sense, not only for the people 
who are to be hired, but also for the businesses. For the businesses, 
what it does is help those businesses that are going to be having an 
increase in the minimum wage to absorb the cost. As a matter of fact, 
if you hire an individual, the arithmetic works out that you, in terms 
of the total 2-year period which you will be hiring this individual and 
having him work in your establishment, that the cost will be less than 
the minimum wage is now because of the incentive which the Government 
gives.
  So it is a real incentive for businesses. On the other hand, of 
course, what it does is take those needy people, who are working off 
welfare or getting off of food stamps or getting off a whole variety of 
things, to come into the work force. Now, this is not a perfect bill, 
and with any bill like this, it will be changed and adopted over the 
years. But it makes a great deal of sense.
  So, Mr. Speaker, with the minimum wage, combined with the work 
opportunity tax credit, I think we have a winnable combination. I thank 
you very much for letting me express myself.

                              {time}  1900

  Mr. GIBBONS. Mr. Speaker, I yield 4 minutes to the gentleman from New 
York [Mr. Rangel].
  (Mr. RANGEL asked and was given permission to revise and extend his 
remarks.)
  Mr. RANGEL. Mr. Speaker, I think this is going to be an historic 
vote. The Republicans have been forced to bring to the floor a minimum 
wage bill so they had to put some sweetness in there, of course, for 
small employers, where they get a few tax breaks, and, hopefully, we 
would have a good sweetener.
  But when we see how they are going to pay for this it is almost like 
those old enough to remember when we had to take castor oil. They used 
to mix it with the orange juice. Well, we have got the orange juice 
with the watered down minimum wage bill, but the castor oil is how do 
we pay for it?
  I would guess that, following Republican logic, we will pay for it by 
going to the poorest people with the weakest political posture and, if 
we can find any Americans that cannot vote, then hit them where it 
hurts.
  We get $4.8 billion over the next couple of years, not in grants for 
health care or for housing, but in order to create jobs. And, again, it 
gives it to the corporations to encourage them to invest there. Some 
people say it is too much for the corporations. Some people say it is 
too expensive of a project. Well, they might be right. But if we are 
going to take 3.8 million Americans, and every time there is a war we 
call upon them to get in a suit and go over to fight for the United 
States of America; if we are going to take 3.8 million Americans who 
stand up to the United Nations and say we are no colony, the United 
States is no imperialistic nation, we are citizens of the United 
States, but we decide for sweetness for those on the mainland that we 
are going to whack it to them.
  Well, listen, if they have the votes, they should do it. I understand 
that. But should they not do it with hearings? Have we reached a point 
that we are dealing with tax bills that the tax committee does not even 
look at it; we just get it? Has it reached the point that we do not 
have hearings anymore? Have we fallen so much in common decency that we 
do not ask the duly elected representative from the 4 million people 
what he thinks?
  They have a Governor. I do not know what people think about him, but 
he has the responsibility for the health, for the welfare, for the 
economy. Do we say to him, ``What would you like to do; do you have a 
substitute?'' Or do we just take away $4 billion because we have the 
power to do it?
  I tell my colleagues one thing, I am not here to defend 936. Whatever 
the economists and the people in Puerto Rico think is good to encourage 
jobs for them, good. But I notice one thing, especially when the 
chairman of the committee says, ``Oh, Charlie, I know you like 936 
companies.'' Oh, no, the chairman likes 936 companies, because in this 
bill the only people that are protected are not the people of Puerto 
Rico but the American companies that are in Puerto Rico. They get 10 
years to get their money out. But there is nothing there to encourage 
one nickel of investment, as these companies now have 10 years to look 
at other parts of the Caribbean or Ireland or any low-wage based 
country.
  So what we have said now is that we cannot find enough poor on the 
mainland to beat up on. We have already hit them when we talked about 
the earned income tax credit. If we are talking about housing for the 
poor, we put a damper on the low-income housing credit. We have done 
everything we could, but somebody said we have some poorer Americans in 
Puerto Rico, hit them, and that is exactly what the Republicans have 
done.
  All I can say is, Mr. President, wherever you are, do not sign this 
bill.
  Mr. ARCHER. Mr. Speaker, I yield 2 minutes to the gentleman from 
Pennsylvania [Mr. English], another valued member of the Committees on 
Ways and Means.
  Mr. ENGLISH of Pennsylvania. Mr. Speaker, I rise in strong support of 
H.R. 3448, the Small Business Job Protection Act, strong legislation to 
help small business and to help American workers.
  Mr. Speaker, this bipartisan bill would enact several key tax 
incentives critical to working students, critical to trainees with 
limited skills, and critical to small businesses that are the most 
dynamic sector of the American economy.
  Mr. Speaker, this bill encourages investment in jobs by cash-starved 
small economies, small businesses. H.R. 3448 will increase the limit on 
the amount of equipment that a small business can expense from the 
current level of $17,500 to $25,000. This will allow small companies to 
grow and to create more jobs.
  This bill encourages the hiring of low-skilled workers through the 
work opportunity tax credit, a critical initiative to bring more people 
out of the welfare system and into the work force.
  This bill encourages critical investment in worker training through a 
tax break for employer-provided undergraduate tuition, that, 
unfortunately, the last Congress had allowed to expire.
  This legislation increases access to pension benefits for workers 
through pension reform and pension simplification.
  Mr. Speaker, all of these provisions passed the Committee on Ways and 
Means with strong bipartisan support. I invite my colleagues on both 
sides of the aisle to support our workers by giving employers the tools 
to create and improve jobs by voting ``yes'' on H.R. 3448.
  Mr. GIBBONS. Mr. Speaker, I yield 3 minutes to the gentlewoman from 
Connecticut [Mrs. Kennelly].
  Mrs. KENNELLY. Mr. Speaker, I rise to talk about this bill that is 
before us this evening, and I have to say that it has some very 
excellent provisions in it. Having said that, I must admit that one of 
the reasons that I say that is that it contains one of the things that 
I have worked on for years, and I thank Chairman Archer for including 
it in the bill.
  This reduces the vesting period for multiemployer pension plans from 
10 years to 5 years. What that means is that 1 million people will 
receive a well-deserved pension when and if the President signs this 
bill.
  This bill also extends employer-provided educational assistance 
through December 31, 1996. This is so important to workers who want to 
maintain their

[[Page H5470]]

competitiveness in an ever changing world.
  I do wish, and I almost cannot understand why if we put in the 
additional continuation of the educational assistance, that we did not 
do it for graduate school. If we are really serious about competing in 
a world economy, we certainly have to continue our education. As we 
know, people have job after job throughout their careers, and I just 
wish this could be reconsidered and we would have that deduction for 
our graduate education.
  But I look at another thing in this bill and I see it has very good 
increases on the limitation on expensing to $25,000 in the year 2003. 
Many people in this body will remember when in 1993 we increased, when 
I say we, I say the Clinton administration and the majority at that 
time, took the expensing limit from $10,000 to $17,500. Now we are 
going to take it up to an additional amount.
  But there are disappointments in this bill and I remain deeply 
concerned about one of them, and that is one that the delegate from 
Puerto Rico just spoke about, and that is section 936. Section 936 has 
played a critical role in the economic development of Puerto Rico and 
has certainly provided good jobs in Puerto Rico so people could work 
and take care of themselves and their families.
  What happens in this bill is that the 936 is phased out. There has 
been discussion about that over the years, but having phased it out, it 
is not replaced with anything that addresses the economic needs of 
Puerto Rico.
  I am also disappointed that this legislation does not include other 
extenders such as the R&D, the research and development credit in 
particular. Once again, how will we compete in an international world 
if we do not do what we do best, research?
  But the most profound disappointment concerns the fact that even as 
we consider this very important legislation to provide assistance to 
small businesses, we will have an amendment before us, as this process 
continues, of stripping away one of the most important protections 
relied on by workers and many of these businesses, and that is the 
minimum wage.
  The amendment that is going to come before us is an effort to roll 
back the minimum wage coverage for as many as 10 million individuals 
employed by small businesses. This amendment should not pass.
  Mr. ARCHER. Mr. Speaker, I yield 2 minutes to the gentleman from Ohio 
[Mr. Portman], another valued member of the Committee on Ways and 
Means; a gentleman who, through his efforts, has made a major 
contribution to the pension provisions that are in this bill. He has 
almost singlehandedly created those provisions, and so I am proud to 
yield to him.
  Mr. PORTMAN. Mr. Speaker, I thank the chairman for those words, and I 
will return the compliment. We would not have the small business 
package on the floor if not for his support of it, and I think if we 
can make these changes, we will see immediate benefits to small 
business America and to the jobs they create. After all, that is what 
this is all about.
   Mr. Speaker, last year the gentleman from Maryland, Mr. Ben Cardin, 
and I introduced legislation to simplify the pension system in this 
country. It was in the Balanced Budget Act that was vetoed by the 
President. It is a common sense approach. There is strong bipartisan 
support for it.
  The idea is to make it just a lot easier for companies to offer a 
pension plan, particularly smaller businesses. The current system cries 
out for reform because of its cost and complexity.
  Let me give my colleagues a statistic. Only 20 percent of businesses 
with less than 25 employees offer any kind of pension plan today, any 
kind of profit sharing plan, 401(k), or any other pension system.
  I think there are three main reasons this pension reform is long 
overdue.
  First, it will help the savings rate, by which economists will tell 
us it will help productivity and result in more jobs in this country. 
We now have the lowest savings rate of all the industrialized worlds 
and it is hurting us. It gives us a competitive disadvantage.
  Second, I think we need to do all we can to encourage private savings 
in this country for retirement. The reason for that is we need to 
backstop our Social Security System. The American people are way ahead 
of us on this. They understand that Social Security is at risk and we 
need to encourage private savings so it will be there, particularly 
when the baby boom generation begins to retire.
  Third, and most important, this provision is going to help American 
workers, the workers who are caught in the wage and benefits squeeze, 
because this makes more generous a very important fringe benefit, and 
that is the pension benefit. That is the most important part of this.
  It is a win-win situation. It is overdue, something we should have 
done already, and I am very pleased it is part of this legislation.
  Let us simplify our retirement security system in this country. Let 
us do this for our workers. Let us enable more working Americans to 
save and let us increase retirement security.
  Mr. ARCHER. Mr. Speaker, I yield myself such time as I may consume in 
order to expand my compliments to include the gentleman from Maryland, 
[Mr. Cardin], who also has made a major contribution to these pension 
simplification provisions of this bill.
  It has been bipartisan, and I would say to the Speaker that when this 
bill passed out of our committee in its entirety, there were only three 
negative votes against it. So it is truly a bipartisan bill.
  Mr. Speaker, I reserve the balance of my time.
  Mr. GIBBONS. Mr. Speaker, I yield 3 minutes to the gentleman from 
Maryland, [Mr. Cardin,] who I am proud to say has made mammoth 
contributions to this pension plan we are talking about now.
  Mr. CARDIN. Mr. Speaker, I thank my friend from Florida for yielding 
me this time, and compliment my colleague, the gentleman from Ohio [Mr. 
Portman], for the work that he has done in the pension area, and I 
thank the chairman of the committee, the gentleman from Texas [Mr. 
Archer] for his comments.
  It has clearly been a bipartisan effort on the pension 
simplification, and the gentleman from Ohio [Mr. Portman] has done a 
great job this year in bringing this bill to the floor for the second 
time. I hope we are going to be able to get these pension 
simplifications enacted.
  We have moved many of the provisions in this bill on previous 
occasions. We have broad support both in this House, the other body, 
the Clinton administration, and the public for many provisions that are 
in this bill.
  We have seen most of these provisions included in the pension 
simplification in 1992 as passed by a Democratic Congress. It was 
vetoed by a Republican President for unrelated reasons. The provisions 
were passed again in 1995 by a Republican Congress and vetoed by a 
Democratic President for unrelated reasons. So I hope the third time is 
the charm and we will get this bill passed and signed into law, because 
it contains many important provisions for people in this Nation.
  We have already heard some of those reasons. We are restoring the 
exclusion for employer-provided education assistance. That is long 
overdue and good news many hundreds of thousands of Americans.
  Thousands more Americans will welcome the newly configured work 
opportunity tax credit, which will help businesses hire people and give 
them a chance to learn new skills.

                              {time}  1915

  The reform in subchapter S, very important for American small 
businesses that will help them accumulate capital and prosper and raise 
the necessary funds in order to grow in our economy. And the expensing 
of capital from $17,500 to $25,000 for small business is a continuation 
of a process that we started in 1993 tax legislation.
  But as the gentleman from Ohio [Mr. Portman] has pointed out, the 
provision I guess I am the most pleased to see us move forward is the 
pension simplification. All too frequently in the last 15 years in the 
name of simplification and reform, we made it impossible for many small 
businesses to have pension plans. The complicated test that Government 
required small businesses to go through prevented many small businesses 
financially from being able to offer pension plans.
  What this bill will do, by offering new opportunities and safe harbor 
provisions, will allow small companies to

[[Page H5471]]

in fact have pension plans to provide for the future of their workers. 
I am extremely pleased that those provisions are included in this bill, 
and I trust that we will be able to get this to the President's desk in 
a form that it can be signed.
  Mr. Speaker, let me point out, when we work together, Democrats and 
Republicans, to craft legislation, it is in the best interest of the 
American people. I hope what we are doing tonight in this legislation 
we can do in many more bills throughout the year, work together on 
behalf of the American people.
  Mr. ARCHER. Mr. Speaker, I yield 2 minutes to the gentleman from 
Michigan [Mr. Camp], another valued member of the Committee on Ways and 
Means.
  Mr. CAMP. Mr. Speaker, I thank the chairman for yielding me the time.
  Mr. Speaker, a cornerstone of our Nation is education. A small 
investment in education can reap tremendous rewards. The United States 
is the world's greatest Nation, and we owe this success in large part 
to the commitment we have made to learning.
  Today the Congress affirms its commitment to education. The bill 
before us today continues favorable tax treatment when employers pay 
for employee education. Employers benefit from this education tax 
assistance through access to a better educated and more productive work 
force.
  Employees benefit from this provision by enhancing their education 
and expanding their opportunities. By promoting education, we ensure 
the United States maintains the most educated and productive work force 
in the world.
  As an original cosponsor of this proposal, I am pleased it was 
included in the bill. It preserves our tradition of excellence and 
affirms our commitment to education and to lifelong learning.
  I urge my colleagues to support America's students and vote in favor 
of this bill.
  Mr. GIBBONS. Mr. Speaker, I yield 3 minutes and 30 seconds to the 
gentleman from Massachusetts [Mr. Neal].
  Mr. NEAL of Massachusetts. Mr. Speaker, this evening we are debating 
the Small Business Job Protection Act. The basic provisions of this 
bill are good measures which would help small businesses. Most of the 
provisions in the bill are bipartisan. The reason we are debating this 
bill today is to provide a sweetener to small businesses because of the 
minimum wage. I have no problem with passing tax legislation to assist 
them, but I think we should have had the opportunity for a clean 
minimum wage bill.
  During this Congress, we have not passed much tax legislation and 
there are many noncontroversial provisions where there is bipartisan 
agreement that should have been included in this package. Last night, I 
went to the Committee on Rules to testify about an amendment which I 
offered during the Ways and Means markup. This amendment would have 
allowed a $5,000 deduction for expenses associated with the higher 
costs of education. The deduction would be phased out for taxpayers 
with modified adjusted gross income [AGI] between $70,000 and $90,000 
for single filers and $100,000 and $120,000 for joint returns.
  This amendment proposed originally by President Clinton would help 
with the high rising costs of education. The costs of a college 
education have risen steadily in the past 15 years. However, the 
average family's income has not increased at the same rate. I realize 
the purpose of this legislation is to assist small businesses. Our 
business will be greatly assisted by this type of provision. The need 
for higher education is more important than ever. The world economy 
mandates the necessity of education and training for workers.
  This provision assists 14 million families and this results in 17 
million students. We should have used this opportunity today to help 
the middle class with the rising costs of tuition. The bill is weak on 
education. Under the bill, the provision to provide tax-free employer-
provided educational assistance would be extended from January 1, 1995, 
through December 31, 1996. However, educational expenses for graduate 
studies would not receive the exclusion after December 31, 1995. As a 
former college instructor, I taught many students in continuing 
education programs. These students worked hard to increase knowledge 
and greatly benefited their employer.
  I am pleased the legislation included pension simplification 
provisions. Pension security is an extremely important issue. I wish 
this bill included additional provisions which would assist with 
pension portability. We have to make it easier for workers to keep 
their pension when they change jobs. Additional provisions could have 
been added to make pension more portable. True pension reform needs to 
include the expansion of Individual Retirement Accounts [IRA's]. 
Expanded IRA's will allow an additional 20 million families to utilize 
the tax advantages of IRA's. More individuals would benefit from a tax 
incentive to save for their retirement. Expanded IRA's would encourage 
individuals to become more personally responsible for their savings. 
IRA's would make pensions easier for employers.
  This bill contains a provision which affects the economy of Puerto 
Rico. I am concerned with the changes to section 936 and I encourage 
Congress to continue to work with the Governor of Puerto Rico and the 
administration to improve this provision.
  I support this bill, but I wish it could have been a better product. 
We need to work in a bipartisan manner to enact the proposals that we 
can agree on such as education, IRA's, and the R&D tax credit.
  Let me close by saying, Mr. Speaker, I want to thank Mr. Archer this 
evening for addressing an issue that has been long held for the 
community of New Bedford, MA. I want to thank the chairman for the 
manner in which he addressed that legislation and helped to secure its 
passage. It was long overdue. And while I wish we could have spoken to 
education, IRA's, and the R&D tax credit, I am indeed grateful that we 
were able to address the needs of the New Bedford fishermen.
  Mr. ARCHER. Mr. Speaker, I yield 2 minutes to the gentleman from 
Connecticut [Mr. Shays].
  Mr. SHAYS. Mr. Speaker, as a member of the Committee on the Budget, 
we were looking at getting at some of the what I would call the 
corporate loopholes, the corporate write-offs, and I just find it 
somewhat disingenuous that when we attempt to do that, then we are 
being accused of hurting the poor.
  The bottom line is we have a special provision to big businesses in 
Puerto Rico who admittedly are there working to employ people, but in 
some cases, the write-off is $100,000, $200,000 benefit per job for 
some of these very large corporations. These large corporations, some 
of them are in my district, they benefit from it. But we are saving 
basically $4.9 billion over 10 years. We are phasing it out over 10 
years. We are taking that $4.9 billion, and we are truly helping in a 
whole host of ways.
  Expensing for small business to me makes sense, but I particularly 
like the work opportunity tax credit. We are giving a tax credit to 
individuals that hire what I would call the least employable, the 
people who are on welfare, the people who simply have not had work 
experience.
  I am proud that my side is dealing with the minimum wage, having an 
economic engine along with the minimum wage. We are given a vote to 
have a vote up or down on the minimum wage. We have that. We are given 
a vote to also provide an economic engine for our companies who employ.
  One of the best, to my mind, ways of looking at it, the work 
opportunity tax credit. It is going to be funded in part by eliminating 
what I call a significant loophole to large businesses who happen to 
just have activity in a possession of the United States.
  So I applaud what the Committee on Ways and Means has done. I thank 
them for eliminating what I think is a loophole that does not benefit 
enough people and in the end allow for small businesses to pay the 
minimum wage.
  Mr. RANGEL. Mr. Speaker, will the gentleman yield?
  Mr. SHAYS. I yield to the gentleman from New York.
  Mr. RANGEL. Mr. Speaker, the gentleman may be right about this 936, 
but we do not have a vote on that. That was not allowed by the rule. 
And we never had any hearings as to how we could improve, eliminate or 
substitute 936. We have just said the poor people in Puerto Rico have 
to take our word for it.

[[Page H5472]]

  Mr. GIBBONS. Mr. Speaker, I yield 2 minutes to the gentlewoman from 
New York [Ms. Velazquez].
  Ms. VELAZQUEZ. Mr. Speaker, I rise today in strong opposition to H.R. 
3448. World War I, World War II, Korea, Vietnam, the Persian Gulf, this 
country has sent our brave and courageous Americans from the island of 
Puerto Rico, such as my uncle, to fight in foreign lands. Now, through 
their repeal of section 936, Republicans intend to use the people of 
Puerto Rico as human shields to give businesses more tax breaks. This 
bill is an insult to the 3.8 million American citizens in Puerto Rico. 
What is good for American citizens in the mainland should be good for 
the people in Puerto Rico.
  If this was not cruel enough, Puerto Rico will get nothing for this 
national sacrifice in the name of more tax cuts. In typical Republican 
style, you go after the one group of Americans who have no vote in this 
Chamber.
  Section 936 is not charity. It has been successful for the island and 
for the United States. It has created 300,000 jobs through private 
capital and tax incentives. Without it, the already high poverty and 
unemployment rates on the island will skyrocket. Many companies will 
move out of Puerto Rico, but they will not move to the mainland. They 
will move to such places like Mexico and Singapore.
  Many Puerto Ricans forced out of work will need public assistance to 
survive. We will all pay sooner or later, jobs under section 936 or 
more public assistance. Be ready to invest in jobs creation, because 
there will be thousands of Puerto Rican workers migrating to the 
mainland. I thought you were the party of work, not welfare. Your 
radical, heartless agenda is clear: Up with tax breaks for business; 
down with the middle class, down with Puerto Rico.
  I urge my colleagues to vote no on this legislation.
  Mr. ARCHER. Mr. Speaker, I reserve the balance of my time.
  Mr. GIBBONS. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, the first speaker we had, Mr. Rangel, the last speaker 
we had, Ms. Velazquez, and the next speaker we have, the gentleman from 
Illinois [Mr. Gutierrez], point out something I think is very 
significant here. The first speaker represents Puerto Rico here, 3\1/2\ 
million people, almost 4 million people got no vote. There is something 
in this bill that is very important to his people, but he is not 
allowed to vote on it.
  The last speaker represents many people whose origin is in Puerto 
Rico, but they have a vote here in the Congress because they chose to 
move to the mainland as Americans from Puerto Rico.
  The next speaker, Mr. Speaker, that I am going to yield 2 minutes to 
is in the same position. Mr. Qutierrez represents a lot of people whose 
origins were in Puerto Rico but they are here now because they have got 
a vote here in the Congress and they can vote for President.
  I just do not think, as I editorialize here, we have paid enough 
attention to the political novelties that we have created with Puerto 
Rico. I think we better spend some time on it, Mr. Speaker.
  Mr. Speaker, I yield 2 minutes to the gentleman from Illinois [Mr. 
Gutierrez].
  Mr. GUTIERREZ. Mr. Speaker, I want to begin my remarks by making 
clear that I can support a break for small businesses, but I cannot 
support breaking the economy of Puerto Rico to do it.
  The supporters of this bill will give you lots of interesting 
rhetoric about the great breaks they want to give small businesses 
today. But they won't tell you the truth about what this bill means for 
the 3.8 million American citizens who live in Puerto Rico.
  We are breaking their backs.
  We are breaking their dreams.
  And, we are breaking our promise to give the Puerto Rican economy a 
chance to thrive.
  This is a simple bill. It is a bill to destroy Puerto Rico's economy. 
Eliminating Section 936 will cause a stampede of companies to foreign 
shores where they will be warmly received for the thousands of jobs 
they will bring.
  And what will this mean for the revenue we pretend to be generating 
by targeting Puerto Rico's jobs for elimination? Empty factories don't 
create profits. Empty factories don't pay taxes. Empty factories don't 
create jobs.
  Eliminating jobs is an awfully strange way to raise revenue. Yet, 
it's not too surprising. Not surprising that the most powerless are 
once again asked to pay for this Republican election-year political 
payoff.
  The people of Puerto Rico have not been asked or consulted about this 
critical issue.
  Let's be completely clear. The people of Puerto Rico overwhelmingly 
support Section 936. And the people of Puerto Rico have earned the 
right to be consulted. The names of more than 2,000 * * * 2,000 of the 
sons of Puerto Rico--American citizens--are inscribed on the Vietnam 
War Memorial Wall; 2,000. How do we recognize their supreme sacrifice? 
How does this Congress show that we understand the importance and 
contributions of the Puerto Rican people to our Nation? The majority 
wishes to ram through a proposal that will eviscerate the jobs of 
300,000 decent, hard working Puerto Rican working people who want only 
to honestly earn a living for their families.
  Puerto Rico has a per capita income one-third the United States 
average, and three times its rate of unemployment. Yet we target them 
for economic destruction.
  The voices of hundreds of thousands of workers on the island ask only 
for fairness for their families. They ask only not to become the pawn 
in an election-year political game.

                              {time}  1930

  They have paid the price, they have paid taxes, the taxes of their 
blood, and I demand that this Congress respect it.
  Mr. ARCHER. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, it is fascinating to me to listen to my colleagues on 
the other side of the aisle, the minority, support tax breaks for big 
corporations simply because they believe that the end result might 
benefit something that they are interested in. But let us introduce a 
tax rate reduction on capital gains that would create jobs for all 
Americans, and they rail that we are giving special preference to the 
big corporations and to the rich. But here they are today, emotionally 
supporting tax breaks for big corporations. It is a strange irony, it 
is almost a strange contradiction, and yet we are here witnessing it.
  Mr. Speaker, I reserve the balance of my time.
  Mr. GIBBONS. Mr. Speaker, I yield 30 seconds to the gentleman from 
Illinois [Mr. Gutierrez].
  Mr. GUTIERREZ. Mr. Speaker, it is not the companies we have come here 
to support, it is the jobs, and I think that we all, if we honestly 
speak about this, those corporations are going to Singapore, those 
corporations are going to Mexico, those corporations are going to leave 
Puerto Rico. What revenues do they have? Who are you going to tax when 
the American corporations that are in Puerto Rico precisely because of 
936 go to foreign shores? Where do our colleagues get the revenue for 
them?
  It is not the corporations that I am here to defend but the 300,000 
jobs that are created. Let us look at the laws that govern Puerto Rico, 
but we do not want to have a debate about that.
  Mr. ARCHER. Mr. Speaker, I yield myself such time as I may consume.
  The gentleman has made an outstanding argument in behalf of the 
repealing the alternative minimum tax, repealing the foreign-source 
income taxes, all of which apply to great corporations who would be 
creating jobs in this country instead of overseas. But let us bring up 
something about the alternative minimum tax and let them rail against 
the help for big corporations. They do not want to talk about jobs 
then. They want to talk about how the Republicans want a tax break for 
big corporations, and here they are defending tax breaks for big 
corporations because they say it creates jobs. It is one of the most 
incredible inconsistencies that I have seen in the years that I have 
been in the Congress of the United States, and apparently it is 
supported by all of the minority Members. None of them has spoken 
against it, none of them has spoken for doing away with 936, special 
tax breaks for big corporations, but they have taken all of their time 
supporting those big

[[Page H5473]]

tax breaks because they say it creates jobs.
  I want to hear them again when we get back to capital gains and we 
get back to alternative minimum tax and all of those parts of the code 
that create jobs for all Americans across this country. Let them then 
come and defend that.
  Mr. Speaker, I reserve the balance of my time.
  Mr. GIBBONS. Mr. Speaker, I yield 30 seconds to the gentleman from 
New York [Mr. Rangel].
  Mr. RANGEL. Mr. Speaker, all we are saying is that in this form of 
Government we do not make these determinations in the backroom. If our 
colleagues think that really is big corporations that is the 
beneficiary, then let us have hearings on it, let us bring the 
economists from Puerto Rico, let us bring the elected officials from 
Puerto Rico, let us bring the businesses, and let us do the right 
thing. But it is unfair for people who cannot vote not to have hearings 
here and just make the determination that the benefits go to the 
corporation.
  If our colleagues bring a bill out, we will talk about it.
  Mr. GIBBONS. Mr. Speaker, I yield 3 minutes to the gentleman from 
Michigan [Mr. Levin], who does a very conscientious job in this body.
  Mr. LEVIN. Mr. Speaker, I thank the distinguished gentleman from 
Florida [Mr. Gibbons] for yielding this time to me.
  Mr. Speaker, I rise in support of this bill. It has several important 
bipartisan provisions. I have long supported increases in small 
business expending and expensing employer-provided education assistance 
and improving the targeted jobs tax credit and in simplifying pension 
and subchapter S rules. I am pleased these are in the bill.
  But there are several provisions in this bill that run counter to its 
stated purpose to preserve and create small business jobs. I hope these 
shortcomings are fixed in the Senate.
  The first provision repeals the tax exclusion for employer-provided 
graduate education. This provision helps hard-working Americans who, on 
average, make $30,000 per year. They are small business people, nurses, 
engineers, scientists, programmers, and teachers of tomorrow. They are 
precisely the people everyone tells us we need more of in this global, 
high-technology economy.
  A majority of our Committee on Ways and Means voted for provision for 
employer-provided graduate education, but the leadership blocked it. I 
hope the Senate puts it back in.

  The second provision repeals the tax exclusion for banks that lend to 
employee owned companies. The ESOP provision in the bill today would 
lose jobs, not protect them.
  And let me just say the issue is not tax breaks. The issue is a Tax 
Code provision: Does it encourage business expansion and job creation 
or does it not? And I do not think we ought to throw labels around and 
call it a break if we do not like it.
  I am for changes in the alternative minimum tax if it is tailored to 
help job creation, and I do not understand why this provision, this 
ESOP provision in this bill, why it would eliminate a part of our 
present code that helps employees keep their jobs, take control of 
their companies, improve productivity and make CEO's more accountable.
  So I hope this provision and the other one I mentioned on graduate 
education is changed in the Senate.
  Mr. ARCHER. Mr. Speaker, I yield 1 minute to the gentlewoman from 
Connecticut [Ms. DeLauro].
  Mr. GIBBONS. Mr. Speaker, I yield 30 seconds to the gentlewoman from 
Connecticut [Ms. DeLauro].
  The CHAIRMAN. The gentlewoman from Connecticut [Ms. DeLauro] is 
recognized for 1\1/2\ minutes.
  Ms. DeLAURO. Mr. Speaker, I thank my colleagues for yielding me the 
time.
  Mr. Speaker, working Americans deserve tax relief, and I am glad to 
see that this bill takes needed steps in that direction.
  We have heard a lot in this Congress about encouraging work, a goal I 
strongly support, and I am happy to say that extending the targeted 
jobs tax credit will encourage work. This credit, now named the work 
opportunity tax credit, will give employers the proper incentive to 
hire those who might not find work otherwise.
  Continued education will enhance workers' skills and enable them and 
their companies to prosper in an ever more competitive economy. 
Extending the tax deduction for employer-provided educational 
assistance will encourage businesses and individuals to invest in the 
most valuable kind of capital, human capital.
  I also support enhanced pension security for American workers, and am 
glad that the bill takes steps in that direction. The bill guarantees 
that workers in multiemployer pension plans, such as construction 
workers, will not lose their pension benefits after 5 years instead of 
10. The large number of workers in nonprofit organizations also will be 
able to take advantage of 401(k) plans. I strongly support these steps 
to help Americans in their retirement years, but I am concerned that 
these steps do not do enough to ensure that all workers will have the 
security they deserve after a lifetime of work.
  We must be fair to those working American families who are struggling 
harder and harder for less and less. This pension plan expands access 
to retirement savings but does so in a way that leaves many low-wage 
workers out. Let me read from the business section of today's New York 
Times. It says, and I quote: ``In a break from decades of pension 
policy, the bill would let owners reap tax benefits for themselves even 
if their workers do not participate.''
  Helping only those at the top is not the way Congress should improve 
retirement security. A better and more comprehensive plan that would 
help all workers has been outlined by the President and I hope that as 
this bill moves forward, elements of the President's plan will be 
incorporated so that all workers may benefit.
  I encourage my colleagues to support this bill for its needed tax 
relief, but I hope that its pension provisions may be improved before 
becoming law.
  Mr. ARCHER. Mr. Speaker, I yield 2 minutes to the gentleman from 
Virginia [Mr. Payne].
  Mr. PAYNE. of Virginia. Mr. Speaker, I rise in support of H.R. 3448, 
and I commend the chairman and the ranking member for the work they 
have done in this bill.
  As a member of the coalition of conservative Democrats and a strong 
proponent of deficit reduction, I have in the past opposed cutting 
taxes before we have a blueprint in place which would bring us to a 
balanced budget, and I was particularly concerned last year about the 
tax cut provisions in the budget resolution in part because of their 
magnitude and in part because they were back-end-loaded in a way that 
would make the cost rise dramatically outside the budget window. This 
package, however, is reasonable and provides opportunities to improve 
our fiscal responsibility.
  H.R. 3448 is a very targeted measure with its provisions benefiting 
small businesses and their employees. These businesses are the engine 
of economic growth in this country and represent the sector of our 
economy that is least able to adjust in difficult economic times.
  The bill's two major provisions and expansion of small business 
ability to expense money that is spent on capital improvements and the 
restoration of a tax provision that encourages business to send their 
employees to college represent good public policy that will help our 
Nation increase its stock of capital in both our equipment and our 
people.
  These provisions are accounted for honestly without accounting 
gimmicks designed to mask their costs by pushing much of the revenue 
into years outside the budget window, and while it is difficult to find 
sources of revenue to replace this much money without some level of 
controversy, the revenue offsets in this bill are not illusory. They 
require the type of decisionmaking our constituents expect of us, 
prioritizing how to best spend our limited resources.
  This is a good bill, and I urge my colleagues to support it.
  Mr. ARCHER. Mr. Speaker, I yield 2\1/2\ minutes to the gentleman from 
Ohio [Mr. Kasich], the very active, very respective chairman of the 
Committee on the Budget.

                              {time}  1945

  Mr. KASICH. Mr. Speaker, I want to first of all pay a very high 
tribute to

[[Page H5474]]

the gentleman from Texas [Mr. Archer]. Most of my lifetime as a young 
man and then entering the Congress, still as a young man, I was very 
frustrated as I heard a lot of rhetoric from many of my colleagues 
about the fact that we had passed out so many tax breaks to all these 
big corporations.
  I come to find out that the minority party basically controlled the 
Committee on Ways and Means for 40 years, and they passed out all these 
loopholes to all these big corporations. So out of one side I heard 
people saying, I do not like the fact that big business is getting all 
these benefits, and it is an outrage, and at the other side of their 
mouth, or the other side of their body, they were passing out the tax 
breaks.
  Mr. Speaker, I had said at the beginning of the last session of the 
Congress to Chairman Archer, we need to close loopholes. We have to 
take benefits away from corporations that had powerful lobbyists who 
were able to get these things enacted into law. The gentleman from 
Texas [Mr. Archer] said that there are things in this code that are 
outdated. There are things in this code that do not make sense anymore. 
Chairman Archer agreed to close loopholes. He agreed to take the 
loopholes that lobbyists had passed in this town and take them out of 
the Tax Code so hardworking Americans would have more in their pocket.
  Mr. Speaker, this 936 business; we have given very powerful 
corporations very large tax giveaways to locate in Puerto Rico. What we 
find is that there are companies getting huge amounts of tax breaks and 
they are supposedly creating jobs of Puerto Ricans, and frankly, in 
some cases companies are getting several hundred thousand dollars' 
worth of tax write-offs and the employees are only being paid $30,000.
  What we intend to do is to repeal this whole section which has given 
a huge tax loophole to very big, wealthy corporations. We are saying we 
are going to scrap it.
  Mr. Speaker, we are going to phrase this out over a period of 10 
years. If in the course of time we figure out that a wage credit makes 
some sense, we will come back and do it. But frankly, we started 
phasing this out in 1993. I compliment the minority for beginning that 
process, but we want to complete that process. We think this is a bad 
provision for hardworking American taxpayers and, frankly, they ought 
to be happy with the fact that we are closing the loopholes that I 
heard many people complain about, and we are using this in order to 
help Americans who work hard and pay their taxes and do not have 
lobbyists to give them tax breaks.

  Mr. GIBBONS. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I would say to the chairman of the Committee on the 
Budget, this debate is not about taxes. This debate is about taxation 
and representation, with an emphasis upon the representation. Puerto 
Rico has in it 3.8 million Americans and no vote in this Congress. That 
is what this debate is about. It is the fact that they were not 
consulted; no attention has been properly paid to their economic 
status. That is what this debate is about. You can go ahead and get 
lost in the budget over there all you want to, but I am lost in the 
equities of the fact that the Americans in Puerto Rico are just 
disenfranchised.
  Mr. Speaker, I yield such time as he may consume to the gentleman 
from New York [Mr. Rangel].
  Mr. RANGEL. Mr. Speaker, when you have the votes, you have the votes. 
But this is very interesting. We are talking about a tax issue with the 
eminent chairman from the Committee on Ways and Means here. The only 
point we raised was that we never had any opportunity to determine 
whether 936 was effective. But it makes a lot of sense.
  It is the distinguished chairman of the Committee on the Budget that 
comes to the floor. He needs some money. The Committee on the Budget 
needs some money. Does the Committee on the Budget hold hearings? Does 
the Committee on the Budget find out what programs work or what do not 
work? Does the chairman of the Committee on the Budget go to Puerto 
Rico to talk with the Governor? No. The Committee on the Budget 
chairman dictates to the Committee on Ways and Means, do not have 
hearings, just bring the money. That is exactly what we did.
  Mr. ROMERO-BARCELO. Mr. Speaker, will the gentleman yield?
  Mr. RANGEL. I yield to the gentleman from Puerto Rico.
  Mr. ROMERO-BARCELO. Mr. Speaker, I thank the gentleman for yielding.
  Mr. RANGEL. Mr. Speaker, I would ask the distinguished elected 
representative in yielding, did anyone ever go to Puerto Rico, to his 
Governor or to him, and ask him to study this bad bill and report back?
  Mr. ROMERO-BARCELO. No. That is what I want to say. I have been a 
proponent of elimination of the tax reservation of income of section 
936 but to substitute it for a tax credit based on wages, so we would 
really promote jobs in Puerto Rico. What has happened here is that the 
way this bill is structured, they eliminate everything. No corporation 
is going to get any new incentives, so there would be nothing for new 
business. Then corporations are allowed for 10 years to keep what they 
are earning and to not pay any taxes, or to pay limited taxes for 10 
years.
  That is the giveaway. That is unnecessary. We can take that tax and 
provide a wage credit, and it would be more useful.
  The SPEAKER pro tempore. All time for the minority has expired.
  Mr. ARCHER. Mr. Speaker, I yield 1 minute to the gentleman from Ohio 
[Mr. Kasich].
  Mr. KASICH. Mr. Speaker, let me just say to the gentleman who is 
going to be the ranking member, does he know the heat that we took when 
we recommended, as both the Committee on the Budget and the Committee 
on Ways and Means, that we close loopholes on corporations that won 
over in Gucci Gluch? We took a lot of heat. No one ever dreamt that 
Republicans would lead the way to close the loopholes on large 
corporations.
  The gentleman may not be totally thrilled with the whole process, I 
would say to him, but let me just suggest to him that this way was not 
easy. When the gentleman says hearings on 936, 936 as defined by 
everybody who has analyzed this Tax Code, they have said this is a 
loophole that is so unfair you could drive a truck through, and it 
needed to be closed. This has been a mantra from people on both the 
conservative and liberal side of economic expertise. They said 936 is 
bad.
  What I am saying to the gentleman is this: Imagine that at the end of 
this century, the Republicans are beginning to clean up the Tax Code 
and we are taking on a lot of people that this gentleman tries to take 
on every week. This time, I say to the gentleman from New York [Mr. 
Rangel], we are going to win.
  Mr. ARCHER. Mr. Speaker, I yield 2\1/2\ minutes to the gentlewoman 
from Connecticut [Mrs. Johnson], a valued member of the Committee on 
Ways and Means and chairman of the Subcommittee on Oversight.
  Mrs. JOHNSON of Connecticut. Mr. Speaker, first of all, I want to 
commend the chairman of the committee, the gentleman from Texas [Mr. 
Archer], for his leadership in this Congress on tax reform. It is 
unfortunate, in my mind, that the really excellent tax bill that we 
sent to the President I believe twice, and he vetoed, was talked about 
in the press only as a bill containing capital gains relief and a $500 
credit for families with children, because in that bill were many, many 
provisions whose goal it was to stimulate growth and create jobs in our 
economy, providing educational opportunity for our people, work 
opportunity for women on welfare, and retirement security for many, 
many women who work at home and many, many people who work for small 
businesses.
  So I am very proud to stand here today as a member of the Committee 
on Ways and Means and recognize my chairman's leadership, because over 
all the years that this body has legislated tax law it has not cared 
about small business. In fact, over the years we have built a tax code 
that rested on the interests of big business in America, thinking that 
big business was the job creator in our economy.
  We now know differently, so we have here before us tonight a bill 
that drives growth in the small business sector; that for the first 
time will expand expensing for small businesses, allowing them the 
money to buy the equipment to create the jobs and hire the

[[Page H5475]]

people to drive our economy forward. This is an economic growth 
package, because it addresses the tax needs and alleviates the tax 
burden on the very sector that is creating the most jobs in America and 
that holds the potential for future strength.
  It also renews that opportunity for employers to supplement the 
education of their people; and we know education, quality, expertise, 
that creates high value-added jobs, high-wage jobs, and an opportunity.
  Mr. Speaker, in addition, this bill renews the work opportunities tax 
credit, formerly known as the targeted jobs tax credit, which again 
will help those people on welfare get jobs. We want women to have the 
independence and the self-respect of work, and this is one key piece of 
the policy pyramid that has to be developed to give women that 
independence and self-respect.
  In addition, the pension reform section of this bill restores to 
small business the opportunity to provide their employees the same 
right to create retirement security as larger businesses have. I 
commend my chairman on an excellent bill.
  Mr. ARCHER. Mr. Speaker, I yield 1 minute to the gentleman from 
Michigan [Mr. Smith], who has done such good work on cost recovery for 
creation of jobs.
  Mr. SMITH of Michigan. Mr. Speaker, I thank the chairman of the 
committee for yielding time to me.
  Mr. Speaker, in 1993 we increased the marginal tax rate on small 
business from 31 to 39.6 percent. Small business creates jobs. The 
first bill that I introduced when I came to Congress in 1993 was 
neutral cost recovery. It allowed a business to deduct the cost of 
machinery and equipment and facilities in the year they bought it.
  This is an excellent bill for small business. It does include an 
increase in expensing up to $25,000. It is what we have to do if we 
want to expand jobs in this country, and ultimately expand revenues 
coming into the Federal Government to pay off this mess that we have 
found ourselves in as far as overspending and overborrowing.
  Mr. ARCHER. Mr. Speaker, I yield myself the balance of my time.
  Mr. Speaker, this is a good bill. That has been said on both sides of 
the aisle. It is a good bill because it gives incentives for small 
businesses to do their job, to create more jobs for working Americans. 
As we all know, small businesses have been creating over 80 percent of 
the new jobs. This bill give them assistance in expensing of capital 
cost equipment, without having to go through laborious depreciation 
schedules. It will give them tax credits to hire those who are the 
least employable. It will give them the opportunity for pension reform, 
pension simplification, so they, as well as big corporations, will be 
able to provide retirement help for their workers and for themselves. 
It implements a number of things that were in the Contract With America 
and in the Balanced Budget Act of 1995. This time, Mr. Speaker, the 
President will sign this legislation. It is not only good for small 
business, it is good for working Americans. It is good for all of 
America.
  Mr. PETRI. Mr. Speaker, while the minimum wage debate is important, 
what we are not debating is more important.
  For the 20th time since the enactment of the Fair Labor Standards 
Act, we will debate the part of that act that affects less than 10 
percent of the American work force. For the 20th time we will ignore 
the remainder of the statute--its overtime provisions--that affect 90 
percent of the work force.
  The original minimum wage was 25 cents. In failing to update the 
act's overtime provisions, we are left with provisions that have as 
much relevance to today's workforce needs as a 25-cent wage would to 
today's economy.
  Employers and employees can't ignore these provisions. Rather, they 
must shoehorn their weekly operations into a construct that was 
designed for the workplace of the 1930's, not the 1990's, let alone the 
21st century.
  For example, when an employee works more than 40 hours in a week, the 
law requires her to be compensated for overtime with money. However, 
many workers would prefer to be paid with more time off rather than 
money. State, local, and Federal employees have such a choice. Yet, by 
law, private sector employees do not.
  In addition, many employees resent being strapped to the traditional 
40-hour week concept. They prefer more flexible arrangement such as 
``9/80'' schedules that allow employees to compress 80 hours into 9 
workdays over a 2-week period. That way, they can take every other 
Friday off.
  Unfortunately, under current law employers who give them this option 
have to pay overtime. That creates morale problems for other employees 
with traditional schedules who work the same number of hours but don't 
get overtime.
  The law should allow employees to choose these schedules voluntarily 
without incurring overtime penalties for their employer.
  The most egregious effects of the law stem from the requirement that 
covered employees be paid an hourly wage rather than a salary. For most 
workers, this is not a problem.
  But many employees--particularly professional and administrative 
employees--prefer not to have their lives tied to a time clock. They 
would prefer the certainty of a salary to an hourly paycheck that 
requires them to clock overtime hours in order to meet their income 
goals. The law requires payment on an hourly basis to anyone who does 
not fall within the white-collar worker exemption.
  The concept of the exemption is fine, but the reality is that the 
employee has to have exactly the same duties as a 1950's white-collar 
worker, which is when the definitions were written.
  Thus many employees who clearly view themselves as while-collar 
workers--such as engineers, accountants, marketing representatives, and 
insurance underwriters--are outraged when they have to start filling 
out time sheets and asking permission to work past 5 p.m.
  What stands in the way of our addressing these problems and giving 
the FLSA a long-overdue tuneup. Nothing less than pure demagoguery.
  Exaggerated claims that even the most modest improvements to the FLSA 
will mean the death of the 40-hour workweek have produced total 
paralysis on these issues.
  So we are left with modest tinkering with the statute, such as the 
company vehicle provision, that address anomalies that have cropped up 
in certain industries, but in the grand scheme of things affect very 
few workers. The FLSA is already riddled with such provisions.
  Mr. Chairman, after we resolve this current minimum wage issue, I 
hope we can focus on issues that affect the day-to-day worklives of 
most American workers.
  Once the smoke has cleared on this issue and the rhetoric has toned 
down a few notches, I will introduce legislation to provide this focus.
  Mr. Chairman, reason, not paranoia, should prevail. Let's listen to 
real workers and give them a wage-hour law they can live with.
  Mr. SAXTON. Mr. Speaker, for a better understanding of why I believe 
a higher minimum wage is the wrong course to take, I am putting into 
the Record today the Joint Economic Committee's latest report entitled 
``The Case Against a Higher Minimum Wage'' (May 1996).
  Also, available from the Government Printing Office are the 
transcripts of two Joint Economic Committee hearings held last year on 
the minimum wage. When contacting the GPO, request the following two 
documents:
  Senate Hearing 104-377 Part I: JEC Hearing on Evidence Against a 
Higher Minimum Wage: February 22, 1995, part I.
  Senate Hearing 104-377 Part II: JEC Hearing on Evidence Against a 
Higher Minimum Wage: April 5, 1995, part II.
  For any additional information on this or any other economic issue, 
please contact my JEC office located at 1537 Longworth HOB, Washington, 
DC 20515.

                    Joint Economic Committee Report


                 the case against a higher minimum wage

       The voices clamoring for a minimum wage hike are getting 
     ever louder. Proponents argue that the current wage level 
     does not provide an adequate incentive for work. Also, they 
     argue that an increase in the minimum wage will have only a 
     very minor impact on jobs. These arguments are not grounded 
     in fact. The impact of raising the minimum wage has been 
     studied since its inception. All credible research has come 
     to the same conclusion: raising the minimum wage hurts the 
     poor. It takes away jobs, keeps people on welfare, and 
     encourages high school students to drop out. Policy makers 
     should be clear on the consequence of higher minimum wages.


                       jobs and the minimum wage

       Economists have studied the job-destroying features of a 
     higher minimum wage. Estimates of the job losses of raising 
     the minimum wage from $4.25 to $5.15 have ranged from 625,000 
     to 100,000 lost jobs. It is important to recognize that the 
     jobs lost are mainly entry-level jobs. By destroying entry-
     level jobs, a higher minimum wage harms the lifetime earnings 
     prospects of low-skilled workers.
       Proponents have been able to muddle the debate by pointing 
     to a study done by two Princeton economists, David Card and 
     Alan Krueger. These economists claimed to find that raising 
     the minimum wage does not lower employment.\1\ In one paper, 
     they succeeded in casting doubt on 200 years of economic 
     research and theory. Economists took

[[Page H5476]]

     their challenge seriously and attempted to recreate their 
     results. It could not be done. Economists who attempted to 
     replicate their work demonstrated conclusively that raising 
     the minimum wage destroys jobs.\2\
---------------------------------------------------------------------------
     Footnotes at end of article.
---------------------------------------------------------------------------
       Even after the Card and Krueger study was fully discredited 
     by economic science, it is still being used by proponents of 
     higher minimum wages to support an increase. Why must they 
     rely on discredited research to support their call for 
     raising the minimum wage? Because they recognize that 
     Americans do not support proposals that destroy jobs. 
     Proponents often like to show survey results that say more 
     than eighty percent of Americans support a higher minimum 
     wage. Yet, the same survey shows less than half surveyed, 46 
     percent, support raising the minimum wage if it ``might 
     reduce the number of jobs available for workers with limited 
     skills.3 '' Clearly, if Americans were informed of the 
     true effects of raising the minimum wage, support would 
     rapidly erode.


                          Minimum Wage Workers

       Supporters claim that raising the minimum wage is important 
     for working families. Secretary of Labor Robert Reich often 
     repeats the fact that forty percent of minimum wage workers 
     are the sole source of income for their families. This is 
     misleading because it relies on lumping single, non-family 
     individuals with families. Only 2.8 percent of workers 
     earning less than $5.15 are single parents.4 Only 1.2 
     percent of all minimum wage workers were adult heads of 
     households with incomes less than $10,000.5 Fifty-seven 
     percent of minimum wage workers are single individuals, many 
     of them living with their parents.
       Minimum wage workers are not parents struggling to feed 
     their children. Rather, they are high school or college 
     students living at home. The level of the minimum wage is 
     irrelevant for most people in poverty. Only 9.2 percent of 
     poor people of working age have full-time jobs.6


                Side Effects of Raising the Minimum Wage

       It has been well documented that the minimum wage destroys 
     jobs, particularly the jobs of low-skilled, young workers. 
     However, there are other equally pernicious side effects of 
     higher minimum wages. Higher minimum wages make it more 
     difficult for people to leave welfare and induce high-school 
     students to drop out.
       Dr. Peter Brandon of the Institute for Research on Poverty 
     studied how raising the minimum wage affects the transition 
     from welfare to work.7 He found that raising it keeps 
     welfare mothers on welfare longer. Mothers on welfare in 
     states that raised their minimum wage remained on welfare 44 
     percent longer than mothers on welfare in states where it was 
     not raised.8
       The reason for this result is that raising the minimum wage 
     induces some people to enter the labor market who would not 
     apply if not for the higher level. With a larger labor 
     market, employers choose higher-skilled applicants. Thus, 
     raising the minimum wage hurts low-skilled workers in two 
     ways. First, there are fewer jobs available. Second, with a 
     larger pool of applicants, competition is stiffer. Low-
     skilled workers have a more difficult time getting those job 
     skills that are crucial to economic well-being.
       Another side effect of raising the minimum wage is that it 
     increased the number of high-school students who drop out.\9\ 
     Some of these students do not find employment. Another group 
     of students are part of those applicants that compete jobs 
     away from welfare recipients. Dropping out of school is very 
     destructive. High school drop-outs have a very difficult time 
     improving their well-being.


             The Elusive Benefits of a Higher Minimum Wage

       The proponents of a higher minimum wage argue that it is 
     vitally important to raise it in order to improve the lives 
     of poor workers. However, the raise will have only a limited 
     impact on poor working families. \10\ A single parent with 
     two children living in California would gain only 26 cents 
     from a 90 cent increase in the minimum wage.
       To put this gain in perspective, each minimum wage worker 
     who earns $4.25 an hour brings home $3.92 for each hour 
     worked once payroll taxes are deducted. The employer costs of 
     a minimum wage worker is $4.58 an hour when the employers 
     share of the payroll tax is included. \11\ If workers could 
     take home the amount of money it costs the employer to hire 
     workers, they could have 62 cents more per hour. Clearly, the 
     California parent would be better off if the tax wedge were 
     reduced, rather than increasing the minimum wage.


                               Conclusion

       The campaign to raise the minimum wage will have little 
     positive impact on the lives of poor people. Rather, it is a 
     political measure that plays to a misunderstanding of the 
     impact of higher minimum wages. The future of the American 
     economy depends on a correct understanding of the causes of 
     prosperity. For too long, attempts to relieve poverty have 
     been misguided. To lift people out of poverty, we need a 
     system that maximizes opportunities for economic well-being 
     of low-skilled workers. Raising the minimum wage is a wrong-
     headed solution that will deprive young, poor Americans of an 
     opportunity to improve their economic situation.


                                Endnotes

     \1\ Card, David and Alan B. Krueger, ``Minimum Wages and 
     Employment: A Case Study of the Fast-Food Industry in New 
     Jersey and Pennsylvania.'' American Economic Review, 
     September 1994: pp. 772-793.
     \2\ Neumark, David and William Wascher, The Effect of New 
     Jersey's Minimum Wage Increase on Fast-Food Employment: A Re-
     evaluation using Payroll Records. National Bureau of Economic 
     Research: Cambridge, MA. 1995.
     \3\ Washington Post, April 26, 1996, p. F1.
     \4\ EPI Edge. Employment Policies Institute. April 1996.
     \5\ Vedder, Richard and Lowell Gallaway, Should the Federal 
     Minimum Wage Be Increased? National Center for Policy 
     Analysis: Dallas, TX. 1995.
     \6\ Ibid.
     \7\ Brandon, Peter. Jobs Taken by Mothers Moving from Welfare 
     to Work and the Effects of Minimum Wages on this Transition. 
     Employment Policies Institute: Washington, DC. 1995.
     \8\ Ibid.
     \9\ Neumark, David and William Wascher, The Effects of 
     Minimum Wages of Teenage Employment and Enrollment: Evidence 
     from Matched CPS Surveys. National Bureau of Economic 
     Research: Cambridge, MA, 1995.
     \10\ The reason for the minimum impact is that raising higher 
     incomes causes a loss of benefits in Aid to Families with 
     Dependent Children (AFDC), Food Stamps, and the Earned Income 
     Tax Credit (EITC).
     \11\ This discussion only focuses on the payroll taxes. Many 
     other taxes such as workers compensation and employment 
     insurance also raise the costs of hiring workers for 
     employers.

  Mr. LANTOS. Mr. Speaker, the time has come for the Congress to raise 
the minimum wage--without gimmicks, without linking it with 
unacceptable provisions, without political posturing, and without 
delay. It is time to take this action without adding amendments and 
gimmicks and riders and poison pills that will limit and lessen the 
impact of an increase in the minimum wage.
  Adjusted for inflation, the current minimum wage is worth 50 cents 
less today than it was in 1991 when it was last increased. To restore 
the same purchasing power that the minimum wage had in the late 1970's 
would require us to increase its level to $6.10 today. Even if we adopt 
the legislation I am supporting and increase the minimum wage to $5.15, 
we are not keeping up with the increased cost of living.
  Although the proposed increase is very modest, it will benefit our 
national economy. Economists estimate that 12 million people will be 
helped by a 90-cent increase. In addition, some 4 million workers who 
earn less than $6.00 per hour will see their incomes increase as a 
result of a boost in the Federal minimum wage. In my home State of 
California our minimum wage is higher than the Federal level, but if we 
increase the Federal minimum wage, it will have a positive effect on 
the lowest wages in our area as well.
  The people who will benefit from an increase are not just teenagers 
at local fast food restaurants trying to earn extra cash for a rock 
concert or a pair of baggy Levis. Of those earning the minimum wage, 63 
percent are workers over the age of 20 and 46 percent are over the age 
of 25; 59 percent of workers earning the minimum wage are women and 
more than half of these women are over 25 years of age; 43 percent of 
minimum wage earners are working full time.
   Mr. Speaker, as a former professor of economics, I have been 
particularly interested in recent economic research on the effects of 
the minimum wage on workers and their families and the economy. A 
number of studies demonstrate that the possible negative impact of 
moderate increases in the minimum wage phased in over a period of more 
than a year is minimal. Studies show that with the minimum wage 
relatively low compared with the average wage--a consequence of the 
fact that the minimum wage has not kept pace with the increase in the 
cost of living--the effect of this increase on both employment and 
incomes will be positive. In fact, several prominent scholars have 
argued quite convincingly that the income gains from an increase in the 
minimum wage would outweigh any job losses that might result from the 
increase.
  More importantly, Mr. Speaker, this is a question of fundamental 
fairness. At a time when we are seeing a growing gap between wealthy 
Americans and working Americans, it is fundamentally unfair to maintain 
the minimum wage at levels which shrink with every increase in the cost 
of living. At the same time, Mr. Speaker, we have seen vast increases 
in the compensation of chief executive officers of America's 
corporations--last year corporate executives saw their salaries jump by 
31 percent while workers earning the minimum wage stayed at exactly the 
same level.
   Mr. Speaker, the time has come to increase the minimum wage. I urge 
my colleagues to join me in supporting this action in the interest of 
fundamental fairness and in the interest of millions of American 
workers.
  Mr. ORTON. Mr. Speaker, I rise in support of H.R. 3448, the Small 
Business Job Protection Act.
  This bill contains a number of provisions that I have long supported, 
and which encourage the creation and growth of small businesses. First, 
the bill increases the amount a small business can deduct for the 
purchase of business-related equipment from $17,500 to $25,000.
  The bill also includes a number of provisions which make it easier 
for small businesses to receive S corporation classification,

[[Page H5477]]

the most notable being an increase in the maximum number of 
shareholders from 35 to 75. This important change makes it easier for 
many small businesses to maintain a simplified corporate structure, 
without being subject to double taxation.
  This legislation includes important pension simplification provisions 
for small businesses, including a simplified retirement plan, called a 
savings incentive match plan.
  For restaurants, this bill expands a 1993 law which gives restaurants 
a credit for the Federal payroll taxes paid on tips earned by their 
employees. Specifically, the bill would now expand the credit to 
include unreported tips, and would expand restaurant eligibility to 
include carryouts.
  Finally, the bill extends a number of expiring provisions, including 
a revised targeted jobs tax credit and section 127, the exemption for 
employer-provided educational assistance. I am concerned that section 
127 renewal is limited to undergraduate education. It is my hope that 
this can be expanded in conference to reinstate graduate education.
  I am pleased to see that the revenue loss from these provisions is 
fully offset with other provisions which increase revenues. In other 
words, this bill will not increase the deficit. In fact, this is 
precisely the pay-as-you-go approach advocated since early last year by 
the blue dog coalition, of which I am a member.
  Last year, the coalition questioned the approach of borrowing 
hundreds of billions of dollars to pay for tax cuts. Instead, we in the 
coalition argued that tax cuts should be considered apart from spending 
cuts, and should be fully paid for with offsetting changes in the Tax 
Code.
  After a year of debate, the Republicans are now beginning to see the 
wisdom of this approach. Two weeks ago, during debate on the budget 
resolution, the Republican Budget Committee chairman announced that 
they would fully pay for economic growth, savings, and job creation tax 
incentives with offsetting revenue increases.
  Last month, we expanded deductibility of health care costs for small 
businesses, paid for through offsetting revenue increases. Today, we 
are taking the same approach for a number of small business tax 
incentives.
  So, I applaud the majority for adopting our suggestion. I also 
encourage the majority party in the next few months to act on capital 
gains relief, expanded IRA eligibility, and estate tax relief for 
family farms and businesses, with offsetting revenue increases to make 
such changes deficit neutral. The result will be a stronger, more 
efficient economy.
  I urge adoption of this bill.
  Mr. CRANE. Mr. Speaker, today I will vote for the Small Business Job 
Protection Act. The highlights of the bill in my view include the 
expansion of the expensing provisions for small business, the package 
of S corporation reforms and pension simplification items, and the 
employer-provided educational assistance provision. If signed into law, 
these provisions will do a great deal of good for small businesses in 
this country and will in turn provide real job opportunities for 
American workers.
  However, I must express my deep concern with regard to that portion 
of this bill which would phase out section 936 of the Tax Code over a 
10-year period. Section 936 of the Tax Code provides tax incentives to 
companies that locate production facilities in Puerto Rico. Frankly, I 
have been concerned that many of those who will vote for this entire 
package know little about the positive impact that section 936 has had 
on employment in Puerto Rico. Nor, I fear do they appreciate the 
negative impact that eliminating section 936 will have with regard to 
the economic vitality of Puerto Rico and what the decline in that 
regard will mean to our Federal budget in the long run.
  Having served on the committee with jurisdiction over this issue for 
the past 20 years, the Ways and Means Committee, I can unequivocally 
report to my colleagues that section 936 has been one of the most 
successful provisions in our entire Tax Code. Section 936 has spurred 
economic development in Puerto Rico which has in turn created thousands 
of jobs, dramatically reduced the unemployment rate in Puerto Rico. By 
removing this incentive for companies to locate in Puerto Rico, an 
economic vacuum will be created which I do not see being filled any 
time soon. This void will bring on increased unemployment, and hope and 
opportunity, which has been on the rise over the last 20 years in 
Puerto Rico, will decline steadily. As the economy declines there will 
be an increased dependency--dependency on Uncle Sam to help those that 
no longer have jobs. Just what form this dependency will take, whether 
it be statehood or some other arrangement, remains to be seen, but mark 
my words, it will mean greater expenditures by the U.S. Treasury. So I 
would say to those that think they are savings taxpayers dollars when 
they vote to eliminate this so-called corporate welfare in the Tax 
Code, that you can either pay not by encouraging economic growth and 
opportunity, or you can pay later by increasing Federal outlays for 
welfare and creating a dependency which I don't think the American 
citizens--either on the mainland or in Puerto Rico will appreciate.
  Mr. Chairman, it is my sincere hope that Congress will either revise 
the provision of the bill before it becomes law or revisit this issue 
at a later time.
  Mr. ARCHER. Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore (Mr. Walker). Pursuant to House Resolution 
440, the previous question is ordered on the committee amendment in the 
nature of a substitute and on the bill.
  The question is on the committee amendment in the nature of a 
substitute.
  The committee amendment in the nature of a substitute was agreed to.
  The SPEAKER pro tempore. The question is on the engrossment and third 
reading of the bill.
  The bill was ordered to be engrossed and read a third time, and was 
read the third time.
  The SPEAKER pro tempore. The question is on the passage of the bill.
  Pursuant to House Resolution 440, the yeas and nays are ordered.
  The vote was taken by electronic device, and there were--yeas 414, 
nays 10, not voting 9, as follows:

                             [Roll No. 190]

                               YEAS--414

     Abercrombie
     Ackerman
     Allard
     Andrews
     Archer
     Armey
     Bachus
     Baesler
     Baker (CA)
     Baker (LA)
     Baldacci
     Ballenger
     Barcia
     Barr
     Barrett (NE)
     Barrett (WI)
     Bartlett
     Barton
     Bass
     Bateman
     Becerra
     Beilenson
     Bentsen
     Bereuter
     Berman
     Bevill
     Bilbray
     Bilirakis
     Bishop
     Blute
     Boehlert
     Boehner
     Bonilla
     Bonior
     Bono
     Borski
     Boucher
     Brewster
     Browder
     Brown (CA)
     Brown (FL)
     Brown (OH)
     Brownback
     Bryant (TN)
     Bryant (TX)
     Bunn
     Bunning
     Burr
     Burton
     Buyer
     Callahan
     Calvert
     Camp
     Campbell
     Canady
     Cardin
     Castle
     Chabot
     Chambliss
     Chapman
     Chenoweth
     Christensen
     Chrysler
     Clay
     Clayton
     Clement
     Clinger
     Clyburn
     Coble
     Coburn
     Coleman
     Collins (GA)
     Collins (IL)
     Collins (MI)
     Combest
     Condit
     Cooley
     Costello
     Cox
     Coyne
     Cramer
     Crane
     Crapo
     Cremeans
     Cubin
     Cummings
     Cunningham
     Danner
     Davis
     de la Garza
     Deal
     DeFazio
     DeLauro
     DeLay
     Deutsch
     Dickey
     Dicks
     Dingell
     Dixon
     Doggett
     Dooley
     Doolittle
     Dornan
     Doyle
     Dreier
     Duncan
     Dunn
     Durbin
     Edwards
     Ehlers
     Ehrlich
     Emerson
     Engel
     English
     Ensign
     Eshoo
     Evans
     Everett
     Ewing
     Farr
     Fattah
     Fawell
     Fazio
     Fields (LA)
     Fields (TX)
     Filner
     Flake
     Flanagan
     Foglietta
     Foley
     Forbes
     Ford
     Fowler
     Fox
     Frank (MA)
     Franks (CT)
     Franks (NJ)
     Frelinghuysen
     Frisa
     Frost
     Funderburk
     Furse
     Gallegly
     Ganske
     Gejdenson
     Gekas
     Gephardt
     Geren
     Gibbons
     Gilchrest
     Gillmor
     Gilman
     Gonzalez
     Goodlatte
     Goodling
     Gordon
     Goss
     Graham
     Green (TX)
     Greene (UT)
     Greenwood
     Gunderson
     Gutknecht
     Hall (OH)
     Hall (TX)
     Hamilton
     Hancock
     Hansen
     Harman
     Hastert
     Hastings (FL)
     Hastings (WA)
     Hayes
     Hayworth
     Hefley
     Hefner
     Heineman
     Herger
     Hilleary
     Hilliard
     Hinchey
     Hobson
     Hoekstra
     Hoke
     Holden
     Horn
     Hostettler
     Houghton
     Hoyer
     Hunter
     Hutchinson
     Hyde
     Inglis
     Istook
     Jackson (IL)
     Jackson-Lee (TX)
     Jacobs
     Jefferson
     Johnson (CT)
     Johnson (SD)
     Johnson, E. B.
     Johnson, Sam
     Johnston
     Jones
     Kanjorski
     Kaptur
     Kasich
     Kelly
     Kennedy (MA)
     Kennedy (RI)
     Kennelly
     Kildee
     Kim
     King
     Kingston
     Kleczka
     Klink
     Klug
     Knollenberg
     Kolbe
     LaFalce
     LaHood
     Lantos
     Latham
     LaTourette
     Laughlin
     Lazio
     Leach
     Levin
     Lewis (CA)
     Lewis (GA)
     Lewis (KY)
     Lightfoot
     Lincoln
     Linder
     Lipinski
     Livingston
     LoBiondo
     Lofgren
     Longley
     Lowey
     Lucas
     Luther
     Maloney
     Manton
     Manzullo
     Markey
     Martinez
     Martini
     Mascara
     Matsui
     McCarthy
     McCollum
     McCrery
     McDermott
     McHale
     McHugh
     McInnis
     McIntosh
     McKeon
     McKinney
     McNulty
     Meehan
     Meek
     Metcalf
     Meyers
     Mica
     Millender-McDonald
     Miller (CA)
     Miller (FL)
     Minge
     Mink
     Moakley
     Mollohan
     Montgomery
     Moorhead
     Moran
     Morella
     Murtha
     Myers
     Myrick
     Nadler
     Neal
     Nethercutt
     Neumann
     Ney
     Norwood
     Nussle
     Oberstar
     Obey
     Olver
     Ortiz
     Orton
     Owens
     Oxley
     Packard
     Pallone
     Parker
     Pastor
     Paxon
     Payne (NJ)

[[Page H5478]]


     Payne (VA)
     Pelosi
     Peterson (FL)
     Peterson (MN)
     Petri
     Pickett
     Pombo
     Pomeroy
     Porter
     Portman
     Poshard
     Pryce
     Quillen
     Quinn
     Radanovich
     Rahall
     Ramstad
     Reed
     Regula
     Richardson
     Riggs
     Rivers
     Roberts
     Roemer
     Rogers
     Rohrabacher
     Ros-Lehtinen
     Roth
     Roukema
     Roybal-Allard
     Royce
     Rush
     Sabo
     Salmon
     Sanders
     Sanford
     Sawyer
     Saxton
     Scarborough
     Schaefer
     Schiff
     Schroeder
     Schumer
     Scott
     Sensenbrenner
     Shadegg
     Shaw
     Shays
     Shuster
     Sisisky
     Skaggs
     Skeen
     Skelton
     Slaughter
     Smith (MI)
     Smith (NJ)
     Smith (TX)
     Smith (WA)
     Solomon
     Souder
     Spence
     Spratt
     Stearns
     Stenholm
     Stockman
     Stokes
     Studds
     Stump
     Stupak
     Talent
     Tanner
     Tate
     Tauzin
     Taylor (MS)
     Tejeda
     Thomas
     Thompson
     Thornberry
     Thornton
     Thurman
     Tiahrt
     Torkildsen
     Torres
     Torricelli
     Traficant
     Upton
     Vento
     Visclosky
     Volkmer
     Walker
     Walsh
     Wamp
     Waters
     Watt (NC)
     Watts (OK)
     Waxman
     Weldon (FL)
     Weldon (PA)
     Weller
     White
     Whitfield
     Wicker
     Williams
     Wilson
     Wise
     Wolf
     Woolsey
     Wynn
     Yates
     Young (AK)
     Young (FL)
     Zeliff
     Zimmer

                                NAYS--10

     Conyers
     Dellums
     Gutierrez
     Menendez
     Rangel
     Rose
     Serrano
     Stark
     Towns
     Velazquez

                             NOT VOTING--9

     Bliley
     Diaz-Balart
     Largent
     McDade
     Molinari
     Seastrand
     Taylor (NC)
     Vucanovich
     Ward

                              {time}  2016

  Mr. TOWNS changed his vote from ``yea'' to ``nay.''
  So the bill was passed.
  The result of the vote was announced as above recorded.
  A motion to reconsider was laid on the table.

                          ____________________