[Congressional Record Volume 143, Number 92 (Thursday, June 26, 1997)]
[Senate]
[Pages S6508-S6553]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                          AMENDMENTS SUBMITTED

                                 ______
                                 

                      THE TAX FAIRNESS ACT OF 1997

                                 ______
                                 

                  KOHL (AND OTHERS) AMENDMENT NO. 524

  (Ordered to lie on the table.)

[[Page S6509]]

  Mr. KOHL (for himself, Mr. Hatch, and Mr. Daschle) submitted an 
amendment intended to be proposed by them to the bill, S. 949, to 
provide revenue reconciliation pursuant to section 104(b) of the 
concurrent resolution on the budget for fiscal year 1998; as follows:

       On page 20, between lines 5 and 6, insert:

     SEC. 103. ALLOWANCE OF CREDIT FOR EMPLOYER EXPENSES FOR CHILD 
                   CARE ASSISTANCE.

       (a) In General.--Subpart D of part IV of subchapter A of 
     chapter 1 (relating to business related credits) is amended 
     by adding at the end the following new section:

     ``SEC. 45D. EMPLOYER-PROVIDED CHILD CARE CREDIT.

       ``(a) In General.--For purposes of section 38, the 
     employer-provided child care credit determined under this 
     section for the taxable year is an amount equal to 50 percent 
     of the qualified child care expenditures of the taxpayer for 
     such taxable year.
       ``(b) Dollar Limitation.--The credit allowable under 
     subsection (a) for any taxable year shall not exceed 
     $150,000.
       ``(c) Definitions.--For purposes of this section--
       ``(1) Qualified child care expenditure.--The term 
     `qualified child care expenditure' means any amount paid or 
     incurred--
       ``(A) to acquire, construct, rehabilitate, or expand 
     property--
       ``(i) which is to be used as part of a qualified child care 
     facility of the taxpayer,
       ``(ii) with respect to which a deduction for depreciation 
     (or amortization in lieu of depreciation) is allowable, and
       ``(iii) which does not constitute part of the principal 
     residence (within the meaning of section 1034) of the 
     taxpayer or any employee of the taxpayer,
       ``(B) for the operating costs of a qualified child care 
     facility of the taxpayer, including costs related to the 
     training of employees, to scholarship programs, and to the 
     providing of increased compensation to employees with higher 
     levels of child care training,
       ``(C) under a contract with a qualified child care facility 
     to provide child care services to employees of the taxpayer,
       ``(D) under a contract to provide child care resource and 
     referral services to employees of the taxpayer, or
       ``(E) for the costs of seeking accreditation from a child 
     care credentialing or accreditation entity.
       ``(2) Qualified child care facility.--
       ``(A) In general.--The term `qualified child care facility' 
     means a facility--
       ``(i) the principal use of which is to provide child care 
     assistance, and
       ``(ii) which meets the requirements of all applicable laws 
     and regulations of the State or local government in which it 
     is located, including, but not limited to, the licensing of 
     the facility as a child care facility.

     Clause (i) shall not apply to a facility which is the 
     principal residence (within the meaning of section 1034) of 
     the operator of the facility.
       ``(B) Special rules with respect to a taxpayer.--A facility 
     shall not be treated as a qualified child care facility with 
     respect to a taxpayer unless--
       ``(i) enrollment in the facility is open to employees of 
     the taxpayer during the taxable year,
       ``(ii) the facility is not the principal trade or business 
     of the taxpayer unless at least 30 percent of the enrollees 
     of such facility are dependents of employees of the taxpayer, 
     and
       ``(iii) the use of such facility (or the eligibility to use 
     such facility) does not discriminate in favor of employees of 
     the taxpayer who are highly compensated employees (within the 
     meaning of section 414(q)).
       ``(d) Recapture of Acquisition and Construction Credit.--
       ``(1) In general.--If, as of the close of any taxable year, 
     there is a recapture event with respect to any qualified 
     child care facility of the taxpayer, then the tax of the 
     taxpayer under this chapter for such taxable year shall be 
     increased by an amount equal to the product of--
       ``(A) the applicable recapture percentage, and
       ``(B) the aggregate decrease in the credits allowed under 
     section 38 for all prior taxable years which would have 
     resulted if the qualified child care expenditures of the 
     taxpayer described in subsection (c)(1)(A) with respect to 
     such facility had been zero.
       ``(2) Applicable recapture percentage.--
       ``(A) In general.--For purposes of this subsection, the 
     applicable recapture percentage shall be determined from the 
     following table:
                                                         The applicable
                                                              recapture
                                    ``If the recapture evpercentage is:
    Years 1-3....................................................100   
    Year 4........................................................85   
    Year 5........................................................70   
    Year 6........................................................55   
    Year 7........................................................40   
    Year 8........................................................25   
    Years 9 and 10................................................10   
    Years 11 and thereafter........................................0.  

       ``(B) Years.--For purposes of subparagraph (A), year 1 
     shall begin on the first day of the taxable year in which the 
     qualified child care facility is placed in service by the 
     taxpayer.
       ``(3) Recapture event defined.--For purposes of this 
     subsection, the term `recapture event' means--
       ``(A) Cessation of operation.--The cessation of the 
     operation of the facility as a qualified child care facility.
       ``(B) Change in ownership.--
       ``(i) In general.--Except as provided in clause (ii), the 
     disposition of a taxpayer's interest in a qualified child 
     care facility with respect to which the credit described in 
     subsection (a) was allowable.
       ``(ii) Agreement to assume recapture liability.--Clause (i) 
     shall not apply if the person acquiring such interest in the 
     facility agrees in writing to assume the recapture liability 
     of the person disposing of such interest in effect 
     immediately before such disposition. In the event of such an 
     assumption, the person acquiring the interest in the facility 
     shall be treated as the taxpayer for purposes of assessing 
     any recapture liability (computed as if there had been no 
     change in ownership).
       ``(4) Special rules.--
       ``(A) Tax benefit rule.--The tax for the taxable year shall 
     be increased under paragraph (1) only with respect to credits 
     allowed by reason of this section which were used to reduce 
     tax liability. In the case of credits not so used to reduce 
     tax liability, the carryforwards and carrybacks under section 
     39 shall be appropriately adjusted.
       ``(B) No credits against tax.--Any increase in tax under 
     this subsection shall not be treated as a tax imposed by this 
     chapter for purposes of determining the amount of any credit 
     under subpart A, B, or D of this part.
       ``(C) No recapture by reason of casualty loss.--The 
     increase in tax under this subsection shall not apply to a 
     cessation of operation of the facility as a qualified child 
     care facility by reason of a casualty loss to the extent such 
     loss is restored by reconstruction or replacement within a 
     reasonable period established by the Secretary.
       ``(e) Special Rules.--For purposes of this section--
       ``(1) Aggregation rules.--All persons which are treated as 
     a single employer under subsections (a) and (b) of section 52 
     shall be treated as a single taxpayer.
       ``(2) Pass-thru in the case of estates and trusts.--Under 
     regulations prescribed by the Secretary, rules similar to the 
     rules of subsection (d) of section 52 shall apply.
       ``(3) Allocation in the case of partnerships.--In the case 
     of partnerships, the credit shall be allocated among partners 
     under regulations prescribed by the Secretary.
       ``(f) No Double Benefit.--
       ``(1) Reduction in basis.--For purposes of this subtitle--
       ``(A) In general.--If a credit is determined under this 
     section with respect to any property by reason of 
     expenditures described in subsection (c)(1)(A), the basis of 
     such property shall be reduced by the amount of the credit so 
     determined.
       ``(B) Certain dispositions.--If during any taxable year 
     there is a recapture amount determined with respect to any 
     property the basis of which was reduced under subparagraph 
     (A), the basis of such property (immediately before the event 
     resulting in such recapture) shall be increased by an amount 
     equal to such recapture amount. For purposes of the preceding 
     sentence, the term `recapture amount' means any increase in 
     tax (or adjustment in carrybacks or carryovers) determined 
     under subsection (d).
       ``(2) Other deductions and credits.--No deduction or credit 
     shall be allowed under any other provision of this chapter 
     with respect to the amount of the credit determined under 
     this section.
       ``(g) Termination.--This section shall not apply to taxable 
     years beginning after December 31, 1999.''
       (b) Conforming Amendments.--
       (1) Section 38(b) is amended--
       (A) by striking out ``plus'' at the end of paragraph (11),
       (B) by striking out the period at the end of paragraph 
     (12), and inserting a comma and ``plus'', and
       (C) by adding at the end the following new paragraph:
       ``(13) the employer-provided child care credit determined 
     under section 45D.''
       (2) The table of sections for subpart D of part IV of 
     subchapter A of chapter 1 is amended by adding at the end the 
     following new item:

``Sec. 45D. Employer-provided child care credit.''

       (c) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after December 31, 
     1997.

     SEC. 104. EXPANSION OF COORDINATED ENFORCEMENT EFFORTS OF 
                   INTERNAL REVENUE SERVICE AND HHS OFFICE OF 
                   CHILD SUPPORT ENFORCEMENT.

       (a) State Reporting of Custodial Data.--Section 
     454A(e)(4)(D) of the Social Security Act (42 U.S.C. 
     654(e)(4)(D)) is amended by striking ``the birth date of any 
     child'' and inserting ``the birth date and custodial status 
     of any child''.
       (b) Matching Program by IRS of Custodial Data and Tax 
     Status Information.--
       (1) National directory of new hires.--Section 453(i)(3) of 
     the Social Security Act (42 U.S.C. 653(i)(3)) is amended by 
     striking ``a claim with respect to employment in a tax 
     return'' and inserting ``information which is required on a 
     tax return''.
       (2) Federal case registry of child support orders.--Section 
     453(h) of the such Act (42 U.S.C. 653(h)) is amended by 
     adding at the end the following:
       ``(3) Administration of federal tax laws.--The Secretary of 
     the Treasury shall

[[Page S6510]]

     have access to the information described in paragraph (2), 
     consisting of the names and social security numbers of the 
     custodial parents linked with the children in the custody of 
     such parents, for the purpose of administering those sections 
     of the Internal Revenue Code of 1986 which grant tax benefits 
     based on support and residence provided dependent children.''
       (c) Effective Date.--The amendments made by this section 
     shall take effect on October 1, 1997.
                                 ______
                                 

                      BOND AMENDMENTS NOS. 525-526

  (Ordered to lie on the table.)
  Mr. BOND submitted two amendments intended to be proposed by him to 
the bill, S. 949, supra; as follows:

                           Amendment No. 525

       On page 192, strike lines 13 through 18.
                                  ____


                           Amendment No. 526

       On page 212, between lines 11 and 12, insert the following:

     SEC.  . CLARIFICATION OF DEFINITION OF PRINCIPAL PLACE OF 
                   BUSINESS.

       (a) In General.--Section 280A(f) (relating to definitions 
     and special rules) is amended by redesignating paragraphs 
     (2), (3), and (4) as paragraphs (3), (4), and (5), 
     respectively, and by inserting after paragraph (1) the 
     following new paragraph:
       ``(2) Principal Place of Business.--For purposes of 
     subsection (c), a home office shall in any case qualify as 
     the principal place of business if--
       ``(A) the office is the location where the taxpayer's 
     essential administrative or management activities are 
     conducted on a regular and systematic (and not incidental) 
     basis by the taxpayer, and
       ``(B) the office is necessary because the taxpayer has no 
     other location for the performance of the essential 
     administrative or management activities of the business.''
       (b) Effective Date.--The amendment made by this section 
     shall apply to taxable years beginning after December 31, 
     1996.
                                 ______
                                 

                 DASCHLE (AND OTHERS) AMENDMENT NO. 527

  Mr DASCHLE (for himself, Mr. Bingaman, Mr. Conrad, Ms. Mikulski, Ms. 
Boxer, Mr. Dodd, Mr. Kerry, Ms. Landrieu, Mr. Cleland, Mr. Durbin, Mr. 
Kennedy, Mr. Ford, Mr. Lautenberg, Mr. Harkin, and Mr. Johnson) 
proposed an amendment to the bill, S. 949, supra; as follows:

       Strike titles I through VII of the bill and insert the 
     following:

     SECTION 1. SHORT TITLE; AMENDMENT OF 1986 CODE; TABLE OF 
                   CONTENTS.

       (a) Short Title.--This Act may be cited as the ``Revenue 
     Reconciliation Act of 1997''.
       (b) Amendment of 1986 Code.--Except as otherwise expressly 
     provided, whenever in this Act 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.
       (c) Table of Contents.--The table of contents for this Act 
     is as follows:

                  TITLE I--REFUNDABLE CHILD TAX CREDIT

Sec. 101. Refundable child tax credit.

          TITLE II--TAX INCENTIVES FOR EDUCATION AND TRAINING

        Subtitle A--Tax Benefits Relating to Education Expenses

Sec. 201. HOPE credit for higher education tuition and related 
              expenses.
Sec. 202. Deduction for interest on education loans.

    Subtitle B--Expanded Education Investment Savings Opportunities

                   Part I--Qualified Tuition Programs

Sec. 211. Exclusion from gross income of education distributions from 
              qualified tuition programs.
Sec. 212. Eligible educational institutions permitted to maintain 
              qualified tuition programs; other modifications of 
              qualified State tuition programs.

                       Part II--KIDSAVE Accounts

Sec. 213. KIDSAVE accounts.

                Subtitle C--Other Education Initiatives

Sec. 221. Extension of exclusion for employer-provided educational 
              assistance.
Sec. 222. Repeal of limitation on qualified 501(c)(3) bonds other than 
              hospital bonds.
Sec. 223. Tax credit for public elementary and secondary school 
              construction.
Sec. 224. Contributions of computer technology and equipment for 
              elementary or secondary school purposes.
Sec. 225. Increase in arbitrage rebate exception for governmental bonds 
              used to finance education facilities.
Sec. 226. 2-percent floor on miscellaneous itemized deductions not to 
              apply to certain continuing education expenses of 
              elementary and secondary school teachers.

TITLE III--TAX RELIEF FOR FAMILY SAVINGS AND BUSINESS CAPITAL FORMATION

               Subtitle A--Tax Relief for Family Savings

Sec. 301. Capital gains deduction.
Sec. 302. Family dividend exclusion.
Sec. 303. Exemption from tax for gain on sale of principal residence.

                 Subtitle B--Business Capital Formation

Sec. 311. Rollover of capital gains on certain small business 
              investments.
Sec. 312. Modifications to exclusion of gain on certain small business 
              stock.
Sec. 313. Expansion of small business stock exclusion to family-owned 
              businesses.

      TITLE IV--ESTATE TAX RELIEF FOR FAMILY BUSINESSES AND FARMS

Sec. 401. Family-owned business exclusion.
Sec. 402. Portion of estate tax subject to 4-percent interest rate 
              increased to $2,500,000.
Sec. 403. Certain cash rentals of farmland not to cause recapture of 
              special estate tax valuation.

                          TITLE V--EXTENSIONS

Sec. 501. Research tax credit.
Sec. 502. Contributions of stock to private foundations.
Sec. 503. Work opportunity tax credit.
Sec. 504. Orphan drug tax credit.

  TITLE VI--INCENTIVES FOR REVITALIZATION OF THE DISTRICT OF COLUMBIA

Sec. 601. Tax incentives for revitalization of the District of 
              Columbia.
Sec. 602. Incentives conditioned on other DC reform.

                  TITLE VII--MISCELLANEOUS PROVISIONS

           Subtitle A--Distressed Communities and Brownfields

                Chapter 1--Additional Empowerment Zones

Sec. 701. Additional empowerment zones.

      Chapter 2--New Empowerment Zones and Enterprise Communities

Sec. 711. Designation of additional empowerment zones and enterprise 
              communities.
Sec. 712. Volume cap not to apply to enterprise zone facility bonds 
              with respect to new empowerment zones.
Sec. 713. Modifications to enterprise zone facility bond rules for all 
              empowerment zones and enterprise communities.
Sec. 714. Modifications to enterprise zone business definition for all 
              empowerment zones and enterprise communities.

        Chapter 3--Expensing of Environmental Remediation Costs

Sec. 721. Expensing of environmental remediation costs.

      Subtitle B--Puerto Rico Economic Activity Credit Improvement

Sec. 731. Modifications of Puerto Rico economic activity credit.
Sec. 732. Comparable treatment for other economic activity credit.

              Subtitle C--Revisions Relating to Disasters

Sec. 741. Treatment of livestock sold on account of weather-related 
              conditions.
Sec. 742. Gain or loss from sale of livestock disregarded for purposes 
              of earned income credit.
Sec. 743. Mortgage financing for residences located in disaster areas.

          Subtitle D--Provisions Relating to Small Businesses

Sec. 751. Waiver of penalty through June 30, 1998, on small businesses 
              failing to make electronic fund transfers of taxes.
Sec. 752. Minimum tax not to apply to farmers' installment sales.

    Subtitle E--Provisions Relating to Pensions and Fringe Benefits

Sec. 761. Treatment of multiemployer plans under section 415.
Sec. 762. Spousal consent required for certain distributions and loans 
              under qualified cash or deferred arrangement.
Sec. 763. Section 401(k) investment protection.

                      Subtitle F--Other Provisions

Sec. 771. Adjustment of minimum tax exemption amounts for taxpayers 
              other than corporations.
Sec. 772. Treatment of computer software as fsc export property.
Sec. 723. Full deduction for health insurance costs of self-employed 
              individuals.
                  TITLE I--REFUNDABLE CHILD TAX CREDIT

     SEC. 101. REFUNDABLE CHILD TAX CREDIT.

       (a) In General.--Subpart C of part IV of subchapter A of 
     chapter 1 (relating to refundable credits) is amended by 
     redesignating section 35 as section 36 and by inserting after 
     section 34 the following new section:

     ``SEC. 35. CHILD CREDIT.

       ``(a) Allowance of Credit.--There shall be allowed as a 
     credit against the tax imposed by this subtitle for the 
     taxable year with respect to each qualifying child of the 
     taxpayer an amount equal to the lesser of--
       ``(1) $350, or
       ``(2) $500, if such amount is contributed by the taxpayer 
     for such taxable year for the benefit of such child to a 
     KIDSAVE account (as defined in section 530).
       ``(b) Limitations.--
       ``(1) Limitation based on adjusted gross income.--The 
     dollar amounts in subsection

[[Page S6511]]

     (a) shall be reduced (but not below zero) ratably for each 
     $1,000 (or fraction thereof) by which the taxpayer's modified 
     adjusted gross income exceeds $70,000 but does not exceed 
     $85,000. For purposes of the preceding sentence, the term 
     `modified adjusted gross income' means adjusted gross income 
     increased by any amount excluded from gross income under 
     section 911, 931, or 933.
       ``(2) Limitation based on amount of tax.--The aggregate 
     credit allowed by subsection (a) (determined after paragraph 
     (1)) shall not exceed the sum of--
       ``(A) the excess (if any) of--
       ``(i) the taxpayer's regular tax liability for the taxable 
     year reduced by the credits allowable against such tax under 
     this subpart (other than this section), over
       ``(ii) the taxpayer's tentative minimum tax for such 
     taxable year (determined without regard to the alternative 
     minimum tax foreign tax credit), plus
       ``(B) the excess (if any) of--
       ``(i) the sum of--

       ``(I) the taxpayer's liability for the taxable year under 
     sections 3101 and 3201,
       ``(II) the amount of tax paid on behalf of such taxpayer 
     for the taxable year under sections 3111 and 3221, plus
       ``(III) the taxpayer's liability for such year under 
     sections 1401 and 3211, over

       ``(ii) the credit allowed for the taxable year under 
     section 32.
       ``(c) Qualifying Child.--For purposes of this section--
       ``(1) In general.--The term `qualifying child' means any 
     individual if--
       ``(A) the taxpayer is allowed a deduction under section 151 
     with respect to such individual for the taxable year,
       ``(B) such individual has not attained the age of 14 (age 
     of 18 in the case of taxable years beginning after 2002) as 
     of the close of the calendar year in which the taxable year 
     of the taxpayer begins, and
       ``(C) such individual bears a relationship to the taxpayer 
     described in section 32(c)(3)(B).
       ``(2) Exception for certain noncitizens.--The term 
     `qualifying child' shall not include any individual who would 
     not be a dependent if the first sentence of section 152(b)(3) 
     were applied without regard to all that follows `resident of 
     the United States'.
       ``(d) Taxable Year Must Be Full Taxable Year.--Except in 
     the case of a taxable year closed by reason of the death of 
     the taxpayer, no credit shall be allowable under this section 
     in the case of a taxable year covering a period of less than 
     12 months.
       ``(e) Inflation Adjustments.--
       ``(1) In general.--In the case of a taxable year beginning 
     after 2000, each dollar amount contained in subsection (a) 
     shall be increased by an amount equal to--
       ``(A) such dollar amount, multiplied by
       ``(B) the cost-of-living adjustment determined under 
     section 1(f)(3) for the calendar year in which the taxable 
     year begins, determined by substituting `calendar year 1999' 
     for `calendar year 1992' in subparagraph (B) thereof.
       ``(2) Rounding.--If an amount contained in subsection (a) 
     as adjusted under paragraph (1) is not a multiple of $50, 
     such amount shall be rounded to the next lower multiple of 
     $50.
       ``(f) Phasein of Credit.--In the case of taxable years 
     beginning in 1997 through 1999--
       ``(1) subsection (a)(1) shall be applied by substituting 
     `$250' for `$350', and
       ``(2) subsection (a)(2) shall be applied by substituting 
     `$350' for `$500'.''
       (b) Conforming Amendments.--The table of sections for 
     subpart C of part IV of subchapter A of chapter 1 is amended 
     by striking the item relating to section 35 and inserting the 
     following new items:

``Sec. 35. Child credit.
``Sec. 36. Overpayments of tax.''

       (d) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after December 31, 
     1996.
          TITLE II--TAX INCENTIVES FOR EDUCATION AND TRAINING
        Subtitle A--Tax Benefits Relating to Education Expenses

     SEC. 201. HOPE CREDIT FOR HIGHER EDUCATION TUITION AND 
                   RELATED EXPENSES.

       (a) In General.--Subpart A of part IV of subchapter A of 
     chapter 1 (relating to nonrefundable personal credits) is 
     amended by inserting after section 25 the following new 
     section:

     ``SEC. 25A. HIGHER EDUCATION TUITION AND RELATED EXPENSES.

       ``(a) Allowance of Credit.--
       ``(1) In general.--In the case of an individual, there 
     shall be allowed as a credit against the tax imposed by this 
     chapter for the taxable year the amount equal to the sum of--
       ``(A) the complete Hope Scholarship Credit, plus
       ``(B) the partial Hope Scholarship Credit.
       ``(2) Complete credit.--
       ``(A) In general.--In the case of any individual to whom 
     this paragraph applies for any taxable year, the complete 
     Hope Scholarship Credit is an amount equal to the sum of--
       ``(i) 100 percent of so much of the qualified higher 
     education expenses paid by the taxpayer during the taxable 
     year (for education furnished to the individual during any 
     academic period beginning in such taxable year) as does not 
     exceed $1,000, plus
       ``(ii) 50 percent of such expenses so paid as exceeds 
     $1,000 but does not exceed the applicable limit.
       ``(B) Applicable limit.--For purposes of subparagraph (A), 
     the applicable limit is--
       ``(i) $1,100 for taxable years beginning in 1997, 1998, or 
     1999,
       ``(ii) $1,200 for taxable years beginning in 2000, or
       ``(iii) $1,500 for taxable years beginning in 2001 or 
     thereafter.
       ``(3) Partial hope scholarship credit.--
       ``(A) In general.--The partial Hope Scholarship Credit is 
     20 percent of the qualified higher education expenses paid by 
     the taxpayer during the taxable year for education furnished 
     to an individual during any academic period beginning in such 
     taxable year. Education expenses with respect to an 
     individual for whom a complete Hope Scholarship credit is 
     determined for the taxable year shall not be taken into 
     account under this paragraph.
       ``(B) Dollar limitation.--The amount of qualified higher 
     education expenses taken into account under subparagraph (A) 
     for any taxable year shall not exceed--
       ``(i) $4,000 for taxable years beginning in 1997, 1998, or 
     1999,
       ``(ii) $7,500 for taxable years beginning in 2000, and
       ``(iii) $10,000 for taxable years beginning in 2001 or 
     thereafter.
       ``(b) Limitations.--
       ``(1) Election required.--
       ``(A) In general.--No credit shall be allowed under 
     subsection (a) for a taxable year with respect to the 
     qualified tuition and related expenses of an individual 
     unless the taxpayer elects to have this section apply with 
     respect to such individual for such year.
       ``(B) Complete credit allowed only for 2 taxable years.--An 
     election under this paragraph shall not take effect with 
     respect to an individual for the complete Hope Scholarship 
     Credit under subsection (a)(2) for any taxable year if such 
     election under this paragraph (by the taxpayer or any other 
     individual) is in effect with respect to such individual for 
     any 2 prior taxable years.
       ``(C) Coordination with exclusions.--An election under this 
     paragraph shall not take effect with respect to an individual 
     for any taxable year if there is in effect for such taxable 
     year an election under section 529(c)(3)(B) or 530(c)(1) (by 
     the taxpayer or any other individual) to exclude from gross 
     income distributions from a qualified tuition program or 
     KIDSAVE account used to pay qualified higher education 
     expenses of the individual.
       ``(3) Credit allowed for year only if individual is at 
     least \1/2\ time student for portion of year.--No credit 
     shall be allowed under subsection (a) for a taxable year with 
     respect to the qualified tuition and related expenses of an 
     individual unless such individual is an eligible student for 
     at least one academic period which begins during such year.
       ``(4) Complete credit allowed only for first 2 years of 
     postsecondary education.--No credit shall be allowed under 
     subsection (a)(2) for a taxable year with respect to the 
     qualified tuition and related expenses of an individual if 
     the individual has completed (before the beginning of such 
     taxable year) the first 2 years of postsecondary education at 
     an eligible educational institution.
       ``(c) Limitation Based on Modified Adjusted Gross Income.--
       ``(1) In general.--The amount which would (but for this 
     subsection) be taken into account under subsection (a) for 
     the taxable year shall be reduced (but not below zero) by the 
     amount determined under paragraph (2).
       ``(2) Amount of reduction.--The amount determined under 
     this paragraph is the amount which bears the same ratio to 
     the amount which would be so taken into account as--
       ``(A) the excess of--
       ``(i) the taxpayer's modified adjusted gross income for 
     such taxable year, over
       ``(ii) $50,000 ($80,000 in the case of a joint return), 
     bears to
       ``(B) $20,000.
       ``(3) Modified adjusted gross income.--The term `modified 
     adjusted gross income' means the adjusted gross income of the 
     taxpayer for the taxable year increased by any amount 
     excluded from gross income under section 911, 931, or 933.
       ``(d) Definitions.--For purposes of this section--
       ``(1) Qualified tuition and related expenses.--
       ``(A) In general.--The term `qualified tuition and related 
     expenses' means tuition and fees required for the enrollment 
     or attendance of--
       ``(i) the taxpayer,
       ``(ii) the taxpayer's spouse, or
       ``(iii) any dependent of the taxpayer with respect to whom 
     the taxpayer is allowed a deduction under section 151,

     at an eligible educational institution and books required for 
     courses of instruction of such individual at such 
     institution.
       ``(B) Exception for education involving sports, etc.--Such 
     term does not include expenses with respect to any course or 
     other education involving sports, games, or hobbies, unless 
     such course or other education is part of the individual's 
     degree program.
       ``(C) Exception for nonacademic fees.--Such term does not 
     include student activity fees, athletic fees, insurance 
     expenses, or other expenses unrelated to an individual's 
     academic course of instruction.
       ``(2) Eligible educational institution.--The term `eligible 
     educational institution' means an institution--
       ``(A) which is described in section 481 of the Higher 
     Education Act of 1965 (20 U.S.C. 1088), as in effect on the 
     date of the enactment of this section, and
       ``(B) which is eligible to participate in a program under 
     title IV of such Act.

[[Page S6512]]

       ``(3) Eligible student.--The term `eligible student' means, 
     with respect to any academic period, a student who--
       ``(A) meets the requirements of section 484(a)(1) of the 
     Higher Education Act of 1965 (20 U.S.C. 1091(a)(1)), as in 
     effect on the date of the enactment of this section, and
       ``(B) is carrying at least \1/2\ the normal full-time work 
     load for the course of study the student is pursuing.
       ``(e) Treatment of Expenses Paid by Dependent.--If a 
     deduction under section 151 with respect to an individual is 
     allowed to another taxpayer for a taxable year beginning in 
     the calendar year in which such individual's taxable year 
     begins--
       ``(1) no credit shall be allowed under subsection (a) to 
     such individual for such individual's taxable year, and
       ``(2) qualified tuition and related expenses paid by such 
     individual during such individual's taxable year shall be 
     treated for purposes of this section as paid by such other 
     taxpayer.
       ``(f) Treatment of Certain Prepayments.--If qualified 
     tuition and related expenses are paid by the taxpayer during 
     a taxable year for an academic period which begins during the 
     first 3 months following such taxable year, such academic 
     period shall be treated for purposes of this section as 
     beginning during such taxable year.
       ``(g) Special Rules.--
       ``(1) Identification requirement.--No credit shall be 
     allowed under subsection (a) to a taxpayer with respect to 
     the qualified tuition and related expenses of an individual 
     unless the taxpayer includes the name and taxpayer 
     identification number of such individual on the return of tax 
     for the taxable year.
       ``(2) Adjustment for certain scholarships, etc.--The amount 
     of qualified tuition and related expenses otherwise taken 
     into account under subsection (a) with respect to an 
     individual for an academic period shall be reduced (before 
     the application of subsections (b) and (c)) by the sum of any 
     amounts paid for the benefit of such individual which are 
     allocable to such period as--
       ``(A) a qualified scholarship which is excludable from 
     gross income under section 117,
       ``(B) an educational assistance allowance under chapter 30, 
     31, 32, 34, or 35 of title 38, United States Code, or under 
     chapter 1606 of title 10, United States Code, and
       ``(C) a payment (other than a gift, bequest, devise, or 
     inheritance within the meaning of section 102(a)) for such 
     individual's educational expenses, or attributable to such 
     individual's enrollment at an eligible educational 
     institution, which is excludable from gross income under any 
     law of the United States.
       ``(3) Denial of credit if student convicted of a felony 
     drug offense.--No credit shall be allowed under subsection 
     (a) for qualified tuition and related expenses for the 
     enrollment or attendance of a student for any academic period 
     if such student has been convicted of a Federal or State 
     felony offense consisting of the possession or distribution 
     of a controlled substance before the end of the taxable year 
     with or within which such period ends.
       ``(4) Denial of double benefit.--No credit shall be allowed 
     under this section for any expense for which a deduction is 
     allowed under any other provision of this chapter.
       ``(5) No credit for married individuals filing separate 
     returns.--If the taxpayer is a married individual (within the 
     meaning of section 7703), this section shall apply only if 
     the taxpayer and the taxpayer's spouse file a joint return 
     for the taxable year.
       ``(6) Nonresident aliens.--If the taxpayer is a nonresident 
     alien individual for any portion of the taxable year, this 
     section shall apply only if such individual is treated as a 
     resident alien of the United States for purposes of this 
     chapter by reason of an election under subsection (g) or (h) 
     of section 6013.
       ``(h) Inflation Adjustments.--
       ``(1) Dollar limitation on amount of credit.--
       ``(A) In general.--In the case of a taxable year beginning 
     after 2001, applicable dollar amounts under each of the 
     subsection (a) (2) and (3) shall be increased by an amount 
     equal to--
       ``(i) such dollar amount, multiplied by
       ``(ii) the cost-of-living adjustment determined under 
     section 1(f)(3) for the calendar year in which the taxable 
     year begins, determined by substituting `calendar year 2001' 
     for `calendar year 1992' in subparagraph (B) thereof.
       ``(B) Rounding.--If any amount as adjusted under 
     subparagraph (A) is not a multiple of $50, such amount shall 
     be rounded to the next lowest multiple of $50.
       ``(2) Income limits.--
       ``(A) In general.--In the case of a taxable year beginning 
     after 2000, the $50,000 and $80,000 amounts in subsection 
     (c)(2) shall each be increased by an amount equal to--
       ``(i) such dollar amount, multiplied by
       ``(ii) the cost-of-living adjustment determined under 
     section 1(f)(3) for the calendar year in which the taxable 
     year begins, determined by substituting `calendar year 2001' 
     for `calendar year 1992' in subparagraph (B) thereof.
       ``(B) Rounding.--If any amount as adjusted under 
     subparagraph (A) is not a multiple of $5,000, such amount 
     shall be rounded to the next lowest multiple of $5,000.
       ``(i) Regulations.--The Secretary may prescribe such 
     regulations as may be necessary or appropriate to carry out 
     this section, including regulations providing for a recapture 
     of credit allowed under this section in cases where there is 
     a refund in a subsequent taxable year of any amount which was 
     taken into account in determining the amount of such 
     credit.''
       (b) Extension of Procedures Applicable to Mathematical or 
     Clerical Errors.--Paragraph (2) of section 6213(g) (relating 
     to the definition of mathematical or clerical errors) is 
     amended by striking ``and'' at the end of subparagraph (G), 
     by striking the period at the end of subparagraph (H) and 
     inserting ``, and'', and by inserting after subparagraph (H) 
     the following new subparagraph:
       ``(I) an omission of a correct TIN required under section 
     25A(g)(1) (relating to higher education tuition and related 
     expenses) to be included on a return.''
       (c) Returns Relating to Tuition and Related Expenses.--
       (1) In general.--Subpart B of part III of subchapter A of 
     chapter 61 (relating to information concerning transactions 
     with other persons) is amended by inserting after section 
     6050R the following new section:

     ``SEC. 6050S. RETURNS RELATING TO HIGHER EDUCATION TUITION 
                   AND RELATED EXPENSES.

       ``(a) In General.--Any person--
       ``(1) which is an eligible educational institution which 
     receives payments for qualified tuition and related expenses 
     with respect to any individual for any calendar year, or
       ``(2) which is engaged in a trade or business and which, in 
     the course of such trade or business, makes payments during 
     any calendar year to any individual which constitute 
     reimbursements or refunds (or similar amounts) of qualified 
     tuition and related expenses of such individual,

     shall make the return described in subsection (b) with 
     respect to the individual at such time as the Secretary may 
     by regulations prescribe.
       ``(b) Form and Manner of Returns.--A return is described in 
     this subsection if such return--
       ``(1) is in such form as the Secretary may prescribe,
       ``(2) contains--
       ``(A) the name, address, and TIN of the individual with 
     respect to whom payments described in subsection (a) were 
     received from (or were paid to),
       ``(B) the name, address, and TIN of any individual 
     certified by the individual described in subparagraph (A) as 
     the taxpayer who will claim the individual as a dependent for 
     purposes of the deduction allowable under section 151 for any 
     taxable year ending with or within the calendar year, and
       ``(C) the--
       ``(i) aggregate amount of payments for qualified tuition 
     and related expenses received with respect to the individual 
     described in subparagraph (A) during the calendar year, and
       ``(ii) aggregate amount of reimbursements or refunds (or 
     similar amounts) paid to such individual during the calendar 
     year, and
       ``(D) such other information as the Secretary may 
     prescribe.
       ``(c) Application to Governmental Units.--For purposes of 
     this section--
       ``(1) a governmental unit or any agency or instrumentality 
     thereof shall be treated as a person, and
       ``(2) any return required under subsection (a) by such 
     governmental entity shall be made by the officer or employee 
     appropriately designated for the purpose of making such 
     return.
       ``(d) Statements To Be Furnished to Individuals With 
     Respect to Whom Information Is Required.--Every person 
     required to make a return under subsection (a) shall furnish 
     to each individual whose name is required to be set forth in 
     such return under subparagraph (A) or (B) of subsection 
     (b)(2) a written statement showing--
       ``(1) the name, address, and phone number of the 
     information contact of the person required to make such 
     return, and
       ``(2) the aggregate amounts described in subparagraph (C) 
     of subsection (b)(2).

     The written statement required under the preceding sentence 
     shall be furnished on or before January 31 of the year 
     following the calendar year for which the return under 
     subsection (a) was required to be made.
       ``(e) Definitions.--For purposes of this section, the terms 
     `eligible educational institution' and `qualified tuition and 
     related expenses' have the meanings given such terms by 
     section 25A.
       ``(f) Returns Which Would Be Required To Be Made by 2 or 
     More Persons.--Except to the extent provided in regulations 
     prescribed by the Secretary, in the case of any amount 
     received by any person on behalf of another person, only the 
     person first receiving such amount shall be required to make 
     the return under subsection (a).
       ``(g) Regulations.--The Secretary shall prescribe such 
     regulations as may be necessary to carry out the provisions 
     of this section. No penalties shall be imposed under section 
     6724 with respect to any return or statement required under 
     this section until such time as such regulations are 
     issued.''
       (2) Assessable penalties.--
       (A) Subparagraph (B) of section 6724(d)(1) (relating to 
     definitions) is amended by redesignating clauses (ix) through 
     (xiv) as clauses (x) through (xv), respectively, and by 
     inserting after clause (viii) the following new clause:
       ``(ix) section 6050S (relating to returns relating to 
     payments for qualified tuition and related expenses),''.

[[Page S6513]]

       (B) Paragraph (2) of section 6724(d) is amended by striking 
     ``or'' at the end of the next to last subparagraph, by 
     striking the period at the end of the last subparagraph and 
     inserting ``, or'', and by adding at the end the following 
     new subparagraph:
       ``(Z) section 6050S(d) (relating to returns relating to 
     qualified tuition and related expenses).''
       (3) Clerical amendment.--The table of sections for subpart 
     B of part III of subchapter A of chapter 61 is amended by 
     inserting after the item relating to section 6050R the 
     following new item:


``Sec. 6050S. Returns relating to higher education tuition and related 
              expenses.''

       (d) Coordination With Section 135.--Subsection (d) of 
     section 135 is amended by redesignating paragraphs (2) and 
     (3) as paragraphs (3) and (4), respectively, and by inserting 
     after paragraph (1) the following new paragraph:
       ``(2) Coordination with higher education credit.--The 
     amount of the qualified higher education expenses otherwise 
     taken into account under subsection (a) with respect to the 
     education of an individual shall be reduced (before the 
     application of subsection (b)) by the amount of such expenses 
     which are taken into account in determining the credit 
     allowable to the taxpayer or any other person under section 
     25A with respect to such expenses.
       (e) Clerical Amendment.--The table of sections for subpart 
     A of part IV of subchapter A of chapter 1 is amended by 
     inserting after the item relating to section 25 the following 
     new item:

``Sec. 25A. Higher education tuition and related expenses.''

       (f) Effective Date.--The amendments made by this section 
     shall apply to expenses paid after December 31, 1997 (in 
     taxable years ending after such date), for education 
     furnished in academic periods beginning after such date.

     SEC. 202. DEDUCTION FOR INTEREST ON EDUCATION LOANS.

       (a) In General.--Part VII of subchapter B of chapter 1 
     (relating to additional itemized deductions for individuals) 
     is amended by redesignating section 221 as section 222 and by 
     inserting after section 220 the following new section:

     ``SEC. 221. INTEREST ON EDUCATION LOANS.

       ``(a) Allowance of Deduction.--In the case of an 
     individual, there shall be allowed as a deduction for the 
     taxable year an amount equal to the interest paid by the 
     taxpayer during the taxable year on any qualified education 
     loan.
       ``(b) Maximum Deduction.--
       ``(1) In general.--Except as provided in paragraph (2), the 
     deduction allowed by subsection (a) for the taxable year 
     shall not exceed $2,500.
       ``(2) Limitation based on modified adjusted gross income.--
       ``(A) In general.--The amount which would (but for this 
     paragraph) be allowable as a deduction under this section 
     shall be reduced (but not below zero) by the amount 
     determined under paragraph (2).
       ``(B) Amount of reduction.--The amount determined under 
     this paragraph is the amount which bears the same ratio to 
     the amount which would be so taken into account as--
       ``(i) the excess of--

       ``(I) the taxpayer's modified adjusted gross income for 
     such taxable year, over
       ``(II) $40,000 ($80,000 in the case of a joint return), 
     bears to

       ``(ii) $10,000 ($20,000 in the case of a joint return).
       ``(C) Modified adjusted gross income.--The term `modified 
     adjusted gross income' means adjusted gross income 
     determined--
       ``(i) without regard to this section and sections 135, 911, 
     931, and 933, and
       ``(ii) after application of sections 86, 219, and 469.

     For purposes of sections 86, 135, 219, and 469, adjusted 
     gross income shall be determined without regard to the 
     deduction allowed under this section.
       ``(c) Dependents Not Eligible for Deduction.--No deduction 
     shall be allowed by this section to an individual for the 
     taxable year if a deduction under section 151 with respect to 
     such individual is allowed to another taxpayer for the 
     taxable year beginning in the calendar year in which such 
     individual's taxable year begins.
       ``(d) Limit on Period Deduction Allowed.--A deduction shall 
     be allowed under this section only with respect to interest 
     paid on any qualified education loan during the first 60 
     months (whether or not consecutive) in which interest 
     payments are required. For purposes of this paragraph, any 
     loan and all refinancing of such loan shall be treated as 1 
     loan.
       ``(e) Definitions.--For purposes of this section--
       ``(1) Qualified education loan.--The term `qualified 
     education loan' means any indebtedness incurred to pay 
     qualified higher education expenses--
       ``(A) which are incurred on behalf of the taxpayer, the 
     taxpayer's spouse, or any dependent of the taxpayer as of the 
     time the indebtedness was incurred,
       ``(B) which are paid or incurred within a reasonable period 
     of time before or after the indebtedness is incurred, and
       ``(C) which are attributable to education furnished during 
     a period during which the recipient was an eligible student.

     Such term includes indebtedness used to refinance 
     indebtedness which qualifies as a qualified education loan. 
     The term `qualified education loan' shall not include any 
     indebtedness owed to a person who is related (within the 
     meaning of section 267(b) or 707(b)(1)) to the taxpayer.
       ``(2) Qualified higher education expenses.--The term 
     `qualified higher education expenses' means the cost of 
     attendance (as defined in section 472 of the Higher Education 
     Act of 1965, 20 U.S.C. 1087ll, as in effect on the day before 
     the date of the enactment of this Act) at an eligible 
     educational institution, reduced by the sum of--
       ``(A) the amount excluded from gross income under section 
     135, 529, or 530 by reason of such expenses, and
       ``(B) the amount of any scholarship, allowance, or payment 
     described in section 25A(g)(2).

     For purposes of the preceding sentence, the term `eligible 
     educational institution' has the same meaning given such term 
     by section 25A(d)(2), except that such term shall also 
     include an institution conducting an internship or residency 
     program leading to a degree or certificate awarded by an 
     institution of higher education, a hospital, or a health care 
     facility which offers postgraduate training.
       ``(3) Eligible student.--The term `eligible student' has 
     the meaning given such term by section 25A(d)(3).
       ``(4) Dependent.--The term `dependent' has the meaning 
     given such term by section 152.
       ``(f) Special Rules.--
       ``(1) Denial of double benefit.--No deduction shall be 
     allowed under this section for any amount for which a 
     deduction is allowable under any other provision of this 
     chapter.
       ``(2) Married couples must file joint return.--If the 
     taxpayer is married at the close of the taxable year, the 
     deduction shall be allowed under subsection (a) only if the 
     taxpayer and the taxpayer's spouse file a joint return for 
     the taxable year.
       ``(3) Marital status.--Marital status shall be determined 
     in accordance with section 7703.
       ``(g) Inflation Adjustments.--
       ``(1) Dollar limitation on amount of credit.--
       ``(A) In general.--In the case of a taxable year beginning 
     after 1998, the $2,500 amount in subsection (b)(1) shall be 
     increased by an amount equal to--
       ``(i) such dollar amount, multiplied by
       ``(ii) the cost-of-living adjustment determined under 
     section 1(f)(3) for the calendar year in which the taxable 
     year begins, determined by substituting `calendar year 1997' 
     for `calendar year 1992' in subparagraph (B) thereof.
       ``(B) Rounding.--If any amount as adjusted under 
     subparagraph (A) is not a multiple of $50, such amount shall 
     be rounded to the next lowest multiple of $50.
       ``(2) Income limits.--In the case of a taxable year 
     beginning in a calendar year after 2000, the $40,000 and 
     $80,000 amounts in subsection (b)(2) shall each be increased 
     in the same manner as amounts are increased under section 
     25A(h)(2) for taxable years beginning in such calendar 
     year.''
       (b) Deduction Allowed Whether or Not Taxpayer Itemizes 
     Other Deductions.--Subsection (a) of section 62 is amended by 
     inserting after paragraph (17) the following new paragraph:
       ``(18) Interest on education loans.--The deduction allowed 
     by section 221.''
       (c) Reporting Requirement.--
       (1) In general.--Section 6050S(a)(2) (relating to returns 
     relating to higher education tuition and related expenses) is 
     amended to read as follows:
       ``(2) which is engaged in a trade or business and which, in 
     the course of such trade or business--
       ``(A) makes payments during any calendar year to any 
     individual which constitutes reimbursements or refunds (or 
     similar amounts) of qualified tuition and related expenses of 
     such individual, or
       ``(B) except as provided in regulations, receives from any 
     individual interest aggregating $600 or more for any calendar 
     year on 1 or more qualified education loans,''.
       (2) Information.--Section 6050S(b)(2) is amended--
       (A) by inserting ``or interest'' after ``payments'' in 
     subparagraph (A), and
       (B) in subparagraph (C), by striking ``and'' at the end of 
     clause (i), by inserting ``and'' at the end of clause (ii), 
     and by inserting after clause (ii) the following:
       ``(iii) aggregate amount of interest received for the 
     calendar year from such individual,''.
       (3) Definition.--Section 6050S(e) is amended by inserting 
     ``, and except as provided in regulations, the term 
     `qualified education loan' has the meaning given such term by 
     section 221(e)(1)'' after ``section 25A''.
       (d) Clerical Amendment.--The table of sections for part VII 
     of subchapter B of chapter 1 is amended by striking the last 
     item and inserting the following new items:

``Sec. 221. Interest on education loans.
``Sec. 222. Cross reference.''

       (e) Effective Date.--The amendments made by this section 
     shall apply to any qualified education loan (as defined in 
     section 221(e)(1) of the Internal Revenue Code of 1986, as 
     added by this section) incurred on, before, or after the date 
     of the enactment of this Act, but only with respect to--
       (1) any loan interest payment due after December 31, 1996, 
     and

[[Page S6514]]

       (2) the portion of the 60-month period referred to in 
     section 221(d) of the Internal Revenue Code of 1986 (as added 
     by this section) after December 31, 1996.
    Subtitle B--Expanded Education Investment Savings Opportunities

                   PART I--QUALIFIED TUITION PROGRAMS

     SEC. 211. EXCLUSION FROM GROSS INCOME OF EDUCATION 
                   DISTRIBUTIONS FROM QUALIFIED TUITION PROGRAMS.

       (a) In General.--Subparagraph (B) of section 529(c)(3) 
     (relating to distributions) is amended to read as follows:
       ``(B) Distributions for qualified higher education 
     expenses.--If a distributee elects the application of this 
     subparagraph for any taxable year--
       ``(i) no amount shall be includible in gross income by 
     reason of a distribution which consists of providing a 
     benefit to the distributee which, if paid for by the 
     distributee, would constitute payment of a qualified higher 
     education expense, and
       ``(ii) the amount which (but for the election) would be 
     includible in gross income by reason of any other 
     distribution shall not be so includible in an amount which 
     bears the same ratio to the amount which would be so 
     includible as the amount of the qualified higher education 
     expenses of the distributee bears to the amount of the 
     distribution.''
       (b) Effective Date.--The amendments made by this section 
     shall apply to distributions after December 31, 1997, for 
     education furnished in academic periods beginning after such 
     date.

     SEC. 212. ELIGIBLE EDUCATIONAL INSTITUTIONS PERMITTED TO 
                   MAINTAIN QUALIFIED TUITION PROGRAMS; OTHER 
                   MODIFICATIONS OF QUALIFIED STATE TUITION 
                   PROGRAMS.

       (a) Eligible Educational Institutions Permitted To Maintain 
     Qualified Tuition Programs.--Paragraph (1) of section 529(b) 
     (defining qualified State tuition program) is amended by 
     inserting ``or by one or more eligible educational 
     institutions'' after ``maintained by a State or agency or 
     instrumentality thereof''.
       (b) Qualified Higher Education Expenses To Include Room and 
     Board.--Paragraph (3) of section 529(e) (defining qualified 
     higher education expenses) is amended to read as follows:
       ``(3) Qualified higher education expenses.--
       ``(A) In general.--The term `qualified higher education 
     expenses' means tuition, fees, books, supplies, and equipment 
     required for the enrollment or attendance of a designated 
     beneficiary at an eligible education institution.
       ``(B) Room and board included for students who are at least 
     half-time.--In the case of an individual who is an eligible 
     student (as defined in section 25A(d)(3)) for any academic 
     period, such term shall also include reasonable costs for 
     such period (as determined under the qualified tuition 
     program) incurred by the designated beneficiary for room and 
     board while attending such institution. The amount treated as 
     qualified higher education expenses by reason of the 
     preceding sentence shall not exceed the minimum amount 
     (applicable to the student) included for room and board for 
     such period in the cost of attendance (as defined in section 
     472 of the Higher Education Act of 1965, 20 U.S.C. 1087ll, as 
     in effect on the date of the enactment of this paragraph) for 
     the eligible educational institution for such period.''
       (c) Additional Modifications.--
       (1) Member of family.--Paragraph (2) of section 529(e) 
     (relating to other definitions and special rules) is amended 
     to read as follows:
       ``(2) Member of family.--The term `member of the family' 
     means--
       ``(A) an individual who bears a relationship to another 
     individual which is a relationship described in paragraphs 
     (1) through (8) of section 152(a), and
       ``(B) the spouse of any individual described in 
     subparagraph (A).''
       (2) Eligible educational institution.--Section 529(e) is 
     amended by adding at the end the following:
       ``(5) Eligible educational institution.--The term `eligible 
     educational institution' means an institution--
       ``(A) which is described in section 481 of the Higher 
     Education Act of 1965 (20 U.S.C. 1088), as in effect on the 
     date of the enactment of this paragraph, and
       ``(B) which is eligible to participate in a program under 
     title IV of such Act.''
       (3) No contributions after beneficiary attains age 18; 
     distributions required in certain cases.--
       (A) In general.--Subsection (b) of section 529 is amended 
     by adding at the end the following new paragraph:
       ``(8) Restrictions relating to age of beneficiary; 
     completion of education.--
       ``(A) In general.--A program shall be treated as a 
     qualified tuition program only if--
       ``(i) no contribution is accepted on behalf of a designated 
     beneficiary after the date on which such beneficiary attains 
     age 18, and
       ``(ii) any balance to the credit of a designated 
     beneficiary (if any) on the account termination date shall be 
     distributed within 30 days after such date to such 
     beneficiary (or in the case of death, the estate of the 
     beneficiary).
       ``(B) Account termination date.--For purposes of 
     subparagraph (A), the term `account termination date' means 
     whichever of the following dates is the earliest:
       ``(i) The date on which the designated beneficiary attains 
     age 30.
       ``(ii) The date on which the designated beneficiary dies.''
       (B) Rollovers.--Section 529(c)(3) is amended by adding at 
     the end the following:
       ``(E) Rollovers to individual retirement accounts at age 
     30.--Subparagraph (A) shall not apply to any distribution to 
     the designated beneficiary required under subsection (b)(8) 
     by reason of the beneficiary attaining age 30 to the extent 
     the beneficiary, within 60 days of the distribution, 
     transfers such distribution to an individual retirement 
     account established on the individual's behalf.''
       (C) Conforming amendments.--
       (i) Section 408(a)(1) is amended by striking ``or 
     403(b)(8)'' and inserting ``403(b)(8), or 529(c)(3)(E)''.
       (ii) Subparagraph (A) of section 4973(b)(1) is amended by 
     striking ``or 408(b)(3)'' and inserting ``408(b)(3), or 
     529(c)(3)(E)''.
       (4) Estate and gift tax treatment.--
       (A) Gift tax treatment.--
       (i) Paragraph (2) of section 529(c) is amended to read as 
     follows:
       ``(2) Gift tax treatment of contributions.--For purposes of 
     chapters 12 and 13, any contribution to a qualified tuition 
     program on behalf of any designated beneficiary shall--
       ``(A) be treated as a completed gift to such beneficiary 
     which is not a future interest in property, and
       ``(B) shall not be treated as a qualified transfer under 
     section 2503(e).''
       (ii) Paragraph (5) of section 529(c) is amended to read as 
     follows:
       ``(5) Other gift tax rules.--For purposes of chapters 12 
     and 13--
       ``(A) Treatment of distributions.--In no event shall a 
     distribution from a qualified tuition program be treated as a 
     taxable gift.
       ``(B) Treatment of designation of new beneficiary.--The 
     taxes imposed by chapters 12 and 13 shall apply to a transfer 
     by reason of a change in the designated beneficiary under the 
     program (or a rollover to the account of a new beneficiary) 
     only if the new beneficiary is a generation below the 
     generation of the old beneficiary (determined in accordance 
     with section 2651).''
       (B) Estate tax treatment.--Paragraph (4) of section 529(c) 
     is amended to read as follows:
       ``(4) Estate tax treatment.--
       ``(A) In general.--No amount shall be includible in the 
     gross estate of any individual for purposes of chapter 11 by 
     reason of an interest in a qualified tuition program.
       ``(B) Amounts includible in estate of designated 
     beneficiary in certain cases.--Subparagraph (A) shall not 
     apply to amounts distributed on account of the death of a 
     beneficiary.''
       (5) Limitation on contributions to qualified tuition 
     programs not maintained by a state.--Subsection (b) of 
     section 529 is amended by adding at the end the following new 
     paragraph:
       ``(9) Limitation on contributions to qualified tuition 
     programs not maintained by a state.--In the case of a program 
     not maintained by a State or agency or instrumentality 
     thereof, such program shall not be treated as a qualified 
     tuition program unless it limits the annual contribution to 
     the program on behalf of a designated beneficiary to the sum 
     of $2,000 plus the amount of the credit allowable under 
     section 25A for 1 qualifying child.''
       (d) Additional Tax on Amounts Not Used For Higher Education 
     Expenses.--Section 529 is amended by adding at the end the 
     following new subsection:
       ``(f) Imposition of Additional Tax.--
       ``(1) In general.--In the case of a qualified tuition 
     program not maintained by a State or any agency or 
     instrumentality thereof, the tax imposed by this chapter for 
     any taxable year on any taxpayer who receives a payment or 
     distribution from such program which is includible in gross 
     income shall be increased by 10 percent of the amount which 
     is so includible.
       ``(2) Exceptions.--Paragraph (1) shall not apply if the 
     payment or distribution is--
       ``(A) made to a beneficiary (or to the estate of the 
     designated beneficiary) on or after the death of the 
     designated beneficiary,
       ``(B) attributable to the designated beneficiary's being 
     disabled (within the meaning of section 72(m)(7)), or
       ``(C) made on account of a scholarship, allowance, or 
     payment described in section 25A(g)(2) received by the 
     account holder to the extent the amount of the payment or 
     distribution does not exceed the amount of the scholarship, 
     allowance, or payment.
       ``(3) Excess contributions returned before due date of 
     return.--In the case of a qualified tuition program not 
     maintained by a State or any agency or instrumentality 
     thereof, paragraph (1) shall not apply to the distribution to 
     a contributor of any contribution made during a taxable year 
     on behalf of a designated beneficiary to the extent that such 
     contribution exceeds the limitation in section 4973(e) if--
       ``(A) such distribution is received on or before the day 
     prescribed by law (including extensions of time) for filing 
     such contributor's return for such taxable year, and
       ``(B) such distribution is accompanied by the amount of net 
     income attributable to such excess contribution.

     Any net income described in subparagraph (B) shall be 
     included in the gross income of the contributor for the 
     taxable year in which such excess contribution was made.''
       (e) Coordination With Education Savings Bond.--Section 
     135(c)(2) (defining qualified

[[Page S6515]]

     higher education expenses) is amended by adding at the end 
     the following:
       ``(C) Contributions to qualified tuition program.--Such 
     term shall include any contribution to a qualified tuition 
     program (as defined in section 529) on behalf of a designated 
     beneficiary (as defined in such section) who is an individual 
     described in subparagraph (A); but there shall be no increase 
     in the investment in the contract for purposes of applying 
     section 72 by reason of any portion of such contribution 
     which is not includible in gross income by reason of this 
     subparagraph.''
       (f) Tax on Excess Contributions.--
       (1) In general.--Subsection (a) of section 4973 is amended 
     by striking ``or'' at the end of paragraph (2) and by 
     inserting after paragraph (3) the following new paragraphs:
       ``(4) a qualified tuition program (as defined in section 
     529) not maintained by a State or any agency or 
     instrumentality thereof, or
       ``(5) a KIDSAVE account (as defined in section 530),''.
       (2) Excess contributions defined.--Section 4973 is amended 
     by adding at the end the following new subsection:
       ``(e) Excess Contributions to Private Qualified Tuition 
     Program and KIDSAVE Accounts.--For purposes of this section--
       ``(1) In general.--In the case of private education 
     investment accounts maintained for the benefit of any 1 
     beneficiary, the term `excess contributions' means the amount 
     by which the amount contributed for the taxable year to such 
     accounts exceeds the sum of $2,000 plus the amount of the 
     credit allowed under section 25A for such beneficiary for 
     such taxable year.
       ``(2) Private education investment account.--For purposes 
     of paragraph (1), the term `private education investment 
     account' means--
       ``(A) a qualified tuition program (as defined in section 
     529) not maintained by a State or any agency or 
     instrumentality thereof, and
       ``(B) a KIDSAVE account (as defined in section 530).
       ``(3) Special rules.--For purposes of paragraph (1), the 
     following contributions shall not be taken into account:
       ``(A) Any contribution which is distributed out of the 
     KIDSAVE account in a distribution to which section 
     530(c)(3)(B) applies.
       ``(B) Any contribution to a qualified tuition program (as 
     so defined) described in section 530(b)(2)(B) from any such 
     account.
       ``(C) Any rollover contribution.''
       (g) Clarification of Taxation of Distributions.--
     Subparagraph (A) of section 529(c)(3) is amended to read as 
     follows:
       ``(A) In general.--Any distribution from a qualified 
     tuition program--
       ``(i) shall be includible in the gross income of the 
     distributee to the extent allocable to income under the 
     program, and
       ``(ii) shall not be includible in gross income to the 
     extent allocable to the investment in the contract.

     For purposes of the preceding sentence, rules similar to the 
     rules of section 72(e)(3) shall apply.''
       (h) Technical Amendments.--
       (1) Paragraph (2) of section 26(b) is amended by 
     redesignating subparagraphs (E) through (P) as subparagraphs 
     (F) through (Q), respectively, and by inserting after 
     subparagraph (D) the following new subparagraph:
       ``(E) section 529(f) (relating to additional tax on certain 
     distributions from qualified tuition programs),''.
       (2) The text of section 529 is amended by striking 
     ``qualified State tuition program'' each place it appears and 
     inserting ``qualified tuition program''.
       (3)(A) The section heading of section 529 is amended to 
     read as follows:

     ``SEC. 529. QUALIFIED TUITION PROGRAMS.''

       (B) The item relating to section 529 in the table of 
     sections for part VIII of subchapter F of chapter 1 is 
     amended by striking ``State''.
       (4)(A) The heading for part VIII of subchapter F of chapter 
     1 is amended to read as follows:

           ``PART VIII--HIGHER EDUCATION SAVINGS ENTITIES''.

       (B) The table of parts for subchapter F of chapter 1 is 
     amended by striking the item relating to part VIII and 
     inserting:

``Part VIII. Higher education savings entities.''

       (5)(A) Section 529(d) is amended to read as follows:
       ``(d) Reports.--Each officer or employee having control of 
     the qualified tuition program or their designee shall make 
     such reports regarding such program to the Secretary and to 
     designated beneficiaries with respect to contributions, 
     distributions, and such other matters as the Secretary may 
     require under regulations. The reports required by this 
     subsection shall be filed at such time and in such manner and 
     furnished to such individuals at such time and in such manner 
     as may be required by those regulations.''
       (B) Paragraph (2) of section 6693(a) (relating to failure 
     to provide reports on individual retirement accounts or 
     annuities) 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 adding at 
     the end the following new subparagraph:
       ``(C) Section 529(d) (relating to qualified tuition 
     programs).''
       (C) The section heading for section 6693 is amended by 
     striking ``individual retirement'' and inserting ``certain 
     tax-favored''.
       (D) The item relating to section 6693 in the table of 
     sections for part I of subchapter B of chapter 68 is amended 
     by striking ``individual retirement'' and inserting ``certain 
     tax-favored''.
       (i) Effective Dates.--
       (1) In general.--Except as otherwise provided in this 
     subsection, the amendments made by this section shall take 
     effect on January 1, 1998.
       (2) Expenses to include room and board, etc.--The 
     amendments made by subsection (b) and (c)(2) shall apply to 
     distributions after December 31, 1997, with respect to 
     expenses paid after such date (in taxable years ending after 
     such date), for education furnished in academic periods 
     beginning after such date.
       (3) Coordination with education savings bonds.--The 
     amendment made by subsection (e) shall apply to taxable years 
     beginning after December 31, 1997.
       (4) Estate and gift tax changes.--
       (A) Gift tax changes.--Paragraphs (2) and (5) of section 
     529(c) of the Internal Revenue Code of 1986, as amended by 
     this section, shall apply to transfers (including 
     designations of new beneficiaries) made after the date of the 
     enactment of this Act.
       (B) Estate tax changes.--Paragraph (4) of such section 
     529(c) shall apply to estates of decedents dying after June 
     8, 1997.
       (5) Reporting.--The amendments made by subsection (g) shall 
     apply after June 16, 1997.

                       PART II--KIDSAVE ACCOUNTS

     SEC. 213. KIDSAVE ACCOUNTS.

       (a) In General.--Part VIII of subchapter F of chapter 1 
     (relating to qualified State tuition programs) is amended by 
     adding at the end the following new section:

     ``SEC. 530. KIDSAVE ACCOUNTS.

       ``(a) General Rule.--A KIDSAVE account shall be exempt from 
     taxation under this subtitle. Notwithstanding the preceding 
     sentence, the KIDSAVE account shall be subject to the taxes 
     imposed by section 511 (relating to imposition of tax on 
     unrelated business income of charitable organizations).
       ``(b) Definitions and Special Rules.--For purposes of this 
     section--
       ``(1) KIDSAVE account.--The term `KIDSAVE account' means a 
     trust created or organized in the United States exclusively 
     for the purpose of paying the qualified higher education 
     expenses of the account holder, but only if the written 
     governing instrument creating the trust meets the following 
     requirements:
       ``(A) No contribution will be accepted--
       ``(i) unless it is in cash,
       ``(ii) after the date on which the account holder attains 
     age 18, or
       ``(iii) except in the case of rollover contributions, if 
     such contribution would result in aggregate contributions for 
     the taxable year exceeding the amount of the credit allowable 
     under section 35 for the taxable year for 1 qualifying child.
       ``(B) The trustee is a bank (as defined in section 408(n)) 
     or another person who demonstrates to the satisfaction of the 
     Secretary that the manner in which that person will 
     administer the trust will be consistent with the requirements 
     of this section.
       ``(C) No part of the trust assets will be invested in life 
     insurance contracts.
       ``(D) The assets of the trust shall not be commingled with 
     other property except in a common trust fund or common 
     investment fund.
       ``(E) Upon the death of the account holder, any balance in 
     the account will be distributed as required under section 
     529(b)(8) (as if such account were a qualified tuition 
     program).
       ``(2) Qualified higher education expenses.--
       ``(A) In general.--The term `qualified higher education 
     expenses' has the same meaning given such term by section 
     529(e)(3).
       ``(B) Qualified tuition programs.--Such term shall include 
     amounts paid or incurred to purchase tuition credits or 
     certificates, or to make contributions to an account, under a 
     qualified tuition program (as defined in section 529(b)) for 
     the benefit of the account holder.
       ``(3) Eligible educational institution.--The term `eligible 
     educational institution' has the meaning given such term by 
     section 529(e)(5).
       ``(4) Account holder.--The term `account holder' means the 
     individual for whose benefit the KIDSAVE account is 
     established.
       ``(c) Tax Treatment of Distributions.--
       ``(1) In general.--Any amount paid or distributed out of a 
     KIDSAVE account shall be includible in gross income to the 
     extent required by section 529(c)(3) (determined as if the 
     account were a qualified tuition program).
       ``(2) Special rules for applying estate and gift taxes with 
     respect to account.--Rules similar to the rules of paragraphs 
     (2), (4), and (5) of section 529(c) shall apply for purposes 
     of this section.
       ``(3) Additional tax for distributions not used for 
     educational expenses.--
       ``(A) In general.--The tax imposed by section 529(f) shall 
     apply to payments and distributions from a KIDSAVE account in 
     the same manner as such tax applies to qualified tuition 
     programs (as defined in section 529).
       ``(B) Excess contributions returned before due date of 
     return.--Subparagraph (A) shall not apply to the distribution 
     to a contributor of any contribution paid during a taxable 
     year to a KIDSAVE account to the

[[Page S6516]]

     extent that such contribution exceeds the limitation in 
     section 4973(e) if such distribution (and the net income with 
     respect to such excess contribution) meet requirements 
     comparable to the requirements of section 529(f)(3).
       ``(4) Rollover contributions--Paragraph (1) shall not apply 
     to any amount paid or distributed from a KIDSAVE account to 
     the extent that the amount received is paid into another 
     KIDSAVE retirement account for the benefit of the account 
     holder or a member of the family (within the meaning of 
     section 529(e)(2)) of the account holder not later than the 
     60th day after the date of such payment or distribution. The 
     preceding sentence shall not apply to any payment or 
     distribution if it applied to any prior payment or 
     distribution during the 12-month period ending on the date of 
     the payment or distribution.
       ``(5) Change in account holder.--Any change in the account 
     holder of a KIDSAVE account shall not be treated as a 
     distribution for purposes of paragraph (1) if the new account 
     holder is a member of the family (as so defined) of the old 
     account holder.
       ``(6) Special rules for death and divorce.--Rules similar 
     to the rules of paragraphs (7) and (8) of section 220(f) 
     shall apply.
       ``(d) Tax Treatment of Accounts.--Rules similar to the 
     rules of paragraphs (2) and (4) of section 408(e) shall apply 
     to any KIDSAVE account.
       ``(e) Community Property Laws.--This section shall be 
     applied without regard to any community property laws.
       ``(f) Custodial Accounts.--For purposes of this section, a 
     custodial account shall be treated as a trust if the assets 
     of such account are held by a bank (as defined in section 
     408(n)) or another person who demonstrates, to the 
     satisfaction of the Secretary, that the manner in which he 
     will administer the account will be consistent with the 
     requirements of this section, and if the custodial account 
     would, except for the fact that it is not a trust, constitute 
     an account described in subsection (b)(1). For purposes of 
     this title, in the case of a custodial account treated as a 
     trust by reason of the preceding sentence, the custodian of 
     such account shall be treated as the trustee thereof.
       ``(g) Reports.--The trustee of a KIDSAVE account shall make 
     such reports regarding such account to the Secretary and to 
     the account holder with respect to contributions, 
     distributions, and such other matters as the Secretary may 
     require under regulations. The reports required by this 
     subsection shall be filed at such time and in such manner and 
     furnished to such individuals at such time and in such manner 
     as may be required by those regulations.''
       (b) Tax on Prohibited Transactions.--
       (1) In general.--Paragraph (1) of section 4975(e) (relating 
     to prohibited transactions) is amended by striking ``or'' at 
     the end of subparagraph (D), by redesignating subparagraph 
     (E) as subparagraph (F), and by inserting after subparagraph 
     (D) the following new subparagraph:
       ``(E) A KIDSAVE account described in section 530, or''.
       (2) Special rule.--Subsection (c) of section 4975 is 
     amended by adding at the end of subsection (c) the following 
     new paragraph:
       ``(5) Special rule for KIDSAVE accounts.--An individual for 
     whose benefit a KIDSAVE account is established and any 
     contributor to such account shall be exempt from the tax 
     imposed by this section with respect to any transaction 
     concerning such account (which would otherwise be taxable 
     under this section) if section 530(d) applies with respect to 
     such transaction.''
       (c) Failure To Provide Reports on KIDSAVE Accounts.--
     Paragraph (2) of section 6693(a) (relating to failure to 
     provide reports on individual retirement accounts or 
     annuities) 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 at 
     the end the following new subparagraph:
       ``(D) Section 530(g) (relating to KIDSAVE retirement 
     accounts).''
       (d) Technical Amendments.--
       (1) Subparagraph (F) of section 26(b)(2), as added by the 
     preceding section, is amended by inserting before the comma 
     ``and section 530(c)(3) (relating to additional tax on 
     certain distributions from KIDSAVE accounts)''.
       (2) Subparagraph (C) of section 135(c)(2), as added by the 
     preceding section, is amended by inserting ``, or to a 
     KIDSAVE account (as defined in section 530) on behalf of an 
     account holder (as defined in such section),'' after ``(as 
     defined in such section)''.
       (3) The table of sections for part VIII of subchapter F of 
     chapter 1 is amended by adding at the end the following new 
     item:

``Sec. 530. KIDSAVE accounts.''

       (e) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after December 31, 
     1997.
                Subtitle C--Other Education Initiatives

     SEC. 221. EXTENSION OF EXCLUSION FOR EMPLOYER-PROVIDED 
                   EDUCATIONAL ASSISTANCE.

       (a) In General.--Section 127 (relating to educational 
     assistance programs) is amended by striking subsection (d) 
     and by redesignating subsection (e) as subsection (d).
       (b) Repeal of Limitation on Graduate Education.--The last 
     sentence of section 127(c)(1) is amended by striking ``, and 
     such term also does not include any payment for, or the 
     provision of any benefits with respect to, any graduate level 
     course of a kind normally taken by an individual pursuing a 
     program leading to a law, business, medical, or other 
     advanced academic or professional degree''.
       (c) Effective Dates.--
       (1) Extension.--The amendments made by subsection (a) shall 
     apply to taxable years beginning after December 31, 1996.
       (2) Graduate education.--The amendment made by subsection 
     (b) shall apply with respect to expenses relating to courses 
     beginning after December 31, 1996.

     SEC. 222. REPEAL OF LIMITATION ON QUALIFIED 501(C)(3) BONDS 
                   OTHER THAN HOSPITAL BONDS.

       Section 145(b) (relating to qualified 501(c)(3) bond) is 
     amended by adding at the end the following new paragraph:
       ``(5) Termination of limitation.--This subsection shall not 
     apply with respect to bonds issued after the date of the 
     enactment of this paragraph to finance capital expenditures 
     incurred after such date.''

     SEC. 223. TAX CREDIT FOR PUBLIC ELEMENTARY AND SECONDARY 
                   SCHOOL CONSTRUCTION.

       (a) In General.--Subpart B of part IV of subchapter A of 
     chapter 1 (relating to general business credits) is amended 
     by adding at the end the following new section:

     ``SEC. 45B. CREDIT FOR PUBLIC ELEMENTARY AND SECONDARY SCHOOL 
                   CONSTRUCTION.

       ``(a) In General.--For purposes of section 38, the amount 
     of the school construction credit determined under this 
     section for an eligible taxpayer for any taxable year with 
     respect to an eligible school construction project shall be 
     an amount equal to the lesser of--
       ``(1) the applicable percentage of the qualified school 
     construction costs, or
       ``(2) the excess (if any) of--
       ``(A) the taxpayer's allocable school construction amount 
     with respect to such project under subsection (d), over
       ``(B) any portion of such allocable amount used under this 
     section for preceding taxable years.
       ``(b) Eligible Taxpayer; Eligible School Construction 
     Project.--For purposes of this section--
       ``(1) Eligible taxpayer.--The term `eligible taxpayer' 
     means any person which--
       ``(A) has entered into a contract with a local educational 
     agency for the performance of construction or related 
     activities in connection with an eligible school construction 
     project, and
       ``(B) has received an allocable school construction amount 
     with respect to such contract under subsection (d).
       ``(2) Eligible school construction project.--
       ``(A) In general.--The term `eligible school construction 
     project' means any project related to a public elementary 
     school or secondary school that is conducted for 1 or more of 
     the following purposes:
       ``(i) Construction of school facilities in order to ensure 
     the health and safety of all students, which may include--

       ``(I) the removal of environmental hazards,
       ``(II) improvements in air quality, plumbing, lighting, 
     heating and air conditioning, electrical systems, or basic 
     school infrastructure, and
       ``(III) building improvements that increase school safety.

       ``(ii) Construction activities needed to meet the 
     requirements of section 504 of the Rehabilitation Act of 1973 
     (29 U.S.C. 794) or of the Americans with Disabilities Act of 
     1990 (42 U.S.C. 12101 et seq.).
       ``(iii) Construction activities that increase the energy 
     efficiency of school facilities.
       ``(iv) Construction that facilitates the use of modern 
     educational technologies.
       ``(v) Construction of new school facilities that are needed 
     to accommodate growth in school enrollments.
       ``(vi) Such other construction as the Secretary of 
     Education determines appropriate.
       ``(B) Special rules.--For purposes of this paragraph--
       ``(i) the term `construction' includes reconstruction, 
     renovation, or other substantial rehabilitation, and
       ``(ii) an eligible school construction project shall not 
     include the costs of acquiring land (or any costs related to 
     such acquisition).
       ``(c) Qualified School Construction Costs; Applicable 
     Percentage.--For purposes of this section--
       ``(1) In general.--The term `qualified school construction 
     costs' means the aggregate amounts paid to an eligible 
     taxpayer during the taxable year under the contract described 
     in subsection (b)(1).
       ``(2) Applicable percentage.--The term `applicable 
     percentage' means, in the case of an eligible school 
     construction project related to a local educational agency, 
     the higher of the following percentages:
       ``(A) If the local educational agency has a percentage or 
     number of children described in clause (i)(I) or (ii)(I) of 
     section 1125(c)(2)(A) of the Elementary and Secondary 
     Education Act of 1965 (20 U.S.C. 6335(c)(2)(A)), the 
     applicable percentage is 10 percent.
       ``(B) If the local educational agency has a percentage or 
     number of children described in clause (i)(II) or (ii)(II) of 
     such section, the applicable percentage is 15 percent.
       ``(C) If the local educational agency has a percentage or 
     number of children described in clause (i)(III) or (ii)(III) 
     of such section, the applicable percentage is 20 percent.
       ``(D) If the local educational agency has a percentage or 
     number of children described in clause (i)(IV) or (ii)(IV) of 
     such section, the applicable percentage is 25 percent.

[[Page S6517]]

       ``(E) If the local educational agency has a percentage or 
     number of children described in clause (i)(V) or (ii)(V) of 
     such section, the applicable percentage is 30 percent.
       ``(d) Allocable Amount.--For purposes of this section--
       ``(1) In general.--Subject to paragraph (3), a local 
     educational agency may allocate to any person a school 
     construction amount with respect to any eligible school 
     construction project.
       ``(2) Time for making allocation.--An allocation shall be 
     taken into account under paragraph (1) only if the allocation 
     is made at the time the contract described in subsection 
     (b)(1) is entered into (or such later time as the Secretary 
     may by regulation allow).
       ``(3) Coordination with state program.--A local educational 
     agency may not allocate school construction amounts for any 
     calendar year--
       ``(A) which in the aggregate exceed the amount of the State 
     school construction ceiling allocated to such agency for such 
     calendar year under subsection (e), and
       ``(B) which is consistent with any specific allocation 
     required by the State or this section.
       ``(e) State Ceilings and Allocation.--
       ``(1) In general.--A State educational agency shall 
     allocate to local educational agencies within the State for 
     any calendar year a portion of the State school construction 
     ceiling for such year. Such allocations shall be consistent 
     with the State application which has been approved under 
     subsection (f) and with any requirement of this section.
       ``(2) State school construction ceiling.--
       ``(A) In general.--The State school construction ceiling 
     for any State for any calendar year shall be an amount equal 
     to the State's allocable share of the national school 
     construction amount.
       ``(B) State's allocable share.--The State's allocable share 
     of the national school construction amount for a fiscal year 
     shall bear the same relation to the national school 
     construction amount for the fiscal year as the amount the 
     State received under section 1124 of the Elementary and 
     Secondary Education Act of 1965 (20 U.S.C. 6333) for the 
     preceding fiscal year bears to the total amount received by 
     all States under such section for such preceding fiscal year.
       ``(C) National school construction amount.--The national 
     school construction amount is $750,000,000 for each of 
     calendar years 1998, 1999, 2000, 2001, and 2002, reduced by 
     any amount described in paragraph (3).
       ``(3) Special allocations for indian tribes and 
     territories.--
       ``(A) Allocation to indian tribes.--The national school 
     construction amount under paragraph (2)(C) shall be reduced 
     by 1.5 percent for each calendar year and the Secretary of 
     Interior shall allocate such amount among Indian tribes 
     according to their respective need for assistance under this 
     section.
       ``(B) Allocation to territories.--The national school 
     construction amount under paragraph (2)(C) shall be reduced 
     by 0.5 percent for each calendar year and the Secretary of 
     Education shall allocate such amount among the territories 
     according to their respective need for assistance under this 
     section.
       ``(4) Reallocation.--If the Secretary of Education 
     determines that a State is not making satisfactory progress 
     in carrying out the State's plan for the use of funds 
     allocated to the State under this section, the Secretary may 
     reallocate all or part of the State school construction 
     ceiling to 1 or more other States that are making 
     satisfactory progress.
       ``(e) State Application.--
       ``(1) In general.--A State educational agency shall not be 
     eligible to allocate any amount to a local educational agency 
     for any calendar year unless the agency submits to the 
     Secretary of Education (and the Secretary approves) an 
     application containing such information as the Secretary may 
     require, including--
       ``(A) an estimate of the overall condition of school 
     facilities in the State, including the projected cost of 
     upgrading schools to adequate condition;
       ``(B) an estimate of the capacity of the schools in the 
     State to house projected student enrollments, including the 
     projected cost of expanding school capacity to meet rising 
     student enrollment;
       ``(C) the extent to which the schools in the State have the 
     basic infrastructure elements necessary to incorporate modern 
     technology into their classrooms, including the projected 
     cost of upgrading school infrastructure to enable the use of 
     modern technology in classrooms;
       ``(D) the extent to which the schools in the State offer 
     the physical infrastructure needed to provide a high-quality 
     education to all students; and
       ``(E) an identification of the State agency that will 
     allocate credit amounts to local educational agencies within 
     the State.
       ``(2) Specific items in allocation.--The State shall 
     include in the State's application the process by which the 
     State will allocate the credits to local educational agencies 
     within the State. The State shall consider in its allocation 
     process the extent to which--
       ``(A) the school district served by the local educational 
     agency has--
       ``(i) a high number or percentage of the total number of 
     children aged 5 to 17, inclusive, in the State who are 
     counted under section 1124(c) of the Elementary and Secondary 
     Education Act of 1965 (20 U.S.C. 6333(c)); or
       ``(ii) a high percentage of the total number of low-income 
     residents in the State;
       ``(B) the local educational agency lacks the fiscal 
     capacity, including the ability to raise funds through the 
     full use of such agency's bonding capacity and otherwise, to 
     undertake the eligible school construction project without 
     assistance;
       ``(C) the local area makes an unusually high local tax 
     effort, or has a history of failed attempts to pass bond 
     referenda;
       ``(D) the local area contains a significant percentage of 
     federally owned land that is not subject to local taxation;
       ``(E) the threat the condition of the physical facility 
     poses to the safety and well-being of students;
       ``(F) there is a demonstrated need for the construction, 
     reconstruction, renovation, or rehabilitation based on the 
     condition of the facility;
       ``(G) the extent to which the facility is overcrowded; and
       ``(H) the extent to which assistance provided will be used 
     to support eligible school construction projects that would 
     not otherwise be possible to undertake.
       ``(3) Identification of areas.--The State shall include in 
     the State's application the process by which the State will 
     identify the areas of greatest needs (whether those areas are 
     in large urban centers, pockets of rural poverty, fast-
     growing suburbs, or elsewhere) and how the State intends to 
     meet the needs of those areas.
       ``(4) Allocations on basis of application.--The Secretary 
     of Education shall evaluate applications submitted under this 
     subsection and shall approve any such application which meets 
     the requirements of this section.
       ``(g) Required Allocations.--Notwithstanding any process 
     for allocation under a State application under subsection 
     (f), in the case of a State which contains 1 or more of the 
     100 school districts within the United States which contains 
     the largest number of poor children (as determined by the 
     Secretary of Education), the State shall allocate each 
     calendar year to the local educational agency serving such 
     districts that portion of the State school construction 
     ceiling which bears the same ratio to such ceiling as the 
     number of children in such district for the preceding 
     calendar year who are counted for purposes of section 1124(c) 
     of the Elementary and Secondary Education Act of 1965 (20 
     U.S.C. 6333(c)) bears to the total number of children in such 
     State who are so counted.
       ``(h) Definitions.--For purposes of this section--
       ``(1) Elementary school; local educational agency; 
     secondary school; state educational agency.--The terms 
     `elementary school', `local educational agency', `secondary 
     school', and `State educational agency' have the meanings 
     given the terms in section 14101 of the Elementary and 
     Secondary Education Act of 1965 (20 U.S.C. 8801).
       ``(2) Territories.--The term `territories' means the United 
     States Virgin Islands, Guam, American Samoa, the Commonwealth 
     of the Northern Mariana Islands, the Republic of the Marshall 
     Islands, the Federated States of Micronesia, and the Republic 
     of Palau.
       ``(3) State.--The term `State' means each of the several 
     States of the United States, the District of Columbia, and 
     the Commonwealth of Puerto Rico.''
       (b) Inclusion in General Business Credit.--
       (1) In general.--Section 38(b) is amended by striking 
     ``plus'' at the end of paragraph (11), by striking the period 
     at the end of paragraph (12) and inserting ``, plus'', and by 
     adding at the end the following new paragraph:
       ``(13) the school construction credit determined under 
     section 45D(a).''
       (2) Transition rule.--Section 39(d) is amended by adding at 
     the end the following new paragraph:
       ``(8) No carryback of section 45d credit before 
     enactment.--No portion of the unused business credit for any 
     taxable year which is attributable to the school construction 
     credit determined under section 45D may be carried back to a 
     taxable year ending before the date of the enactment of 
     section 45D.''
       (c) Conforming Amendment.--The table of sections for 
     subpart D of part IV of subchapter A of chapter 1 is amended 
     by adding at the end the following new item:

``Sec. 45B. Credit for public elementary and secondary school 
              construction.''

       (d) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after December 31, 
     1997.

     SEC. 224. CONTRIBUTIONS OF COMPUTER TECHNOLOGY AND EQUIPMENT 
                   FOR ELEMENTARY OR SECONDARY SCHOOL PURPOSES.

       (a) Contributions of Computer Technology and Equipment for 
     Elementary or Secondary School Purposes.--Subsection (e) of 
     section 170 is amended by adding at the end the following new 
     paragraph:
       ``(6) Special rule for contributions of computer technology 
     and equipment for elementary or secondary school purposes.--
       ``(A) Limit on reduction.--In the case of a qualified 
     elementary or secondary educational contribution, the 
     reduction under paragraph (1)(A) shall be no greater than the 
     amount determined under paragraph (3)(B).
       ``(B) Qualified elementary or secondary educational 
     contribution.--For purposes of

[[Page S6518]]

     this paragraph, the term `qualified elementary or secondary 
     educational contribution' means a charitable contribution by 
     a corporation of any computer technology or equipment, but 
     only if--
       ``(i) the contribution is to--

       ``(I) an educational organization described in subsection 
     (b)(1)(A)(ii), or
       ``(II) an entity described in section 501(c)(3) and exempt 
     from tax under section 501(a) (other than an entity described 
     in subclause (I)) that is organized primarily for purposes of 
     supporting elementary and secondary education,

       ``(ii) the contribution is made not later than 2 years 
     after the date the taxpayer acquired the property (or in the 
     case of property constructed by the taxpayer, the date the 
     construction of the property is substantially completed),
       ``(iii) substantially all of the use of the property by the 
     donee is for use within the United States for educational 
     purposes in any of the grades K-12 that are related to the 
     purpose or function of the organization or entity,
       ``(iv) the property is not transferred by the donee in 
     exchange for money, other property, or services, except for 
     shipping, installation and transfer costs,
       ``(v) the property will fit productively into the entity's 
     education plan, and
       ``(vi) the entity's use and disposition of the property 
     will be in accordance with the provisions of clauses (iii) 
     and (iv).
       ``(C) Contribution to private foundation.--A contribution 
     by a corporation of any computer technology or equipment to a 
     private foundation (as defined in section 509) shall be 
     treated as a qualified elementary or secondary educational 
     contribution for purposes of this paragraph if--
       ``(i) the contribution to the private foundation satisfies 
     the requirements of clauses (ii) and (iv) of subparagraph 
     (B), and
       ``(ii) within 30 days after such contribution, the private 
     foundation--

       ``(I) contributes the property to an entity described in 
     clause (i) of subparagraph (B) that satisfies the 
     requirements of clauses (iii) through (vi) of subparagraph 
     (B), and
       ``(II) notifies the donor of such contribution.

       ``(D) Special rule relating to construction of property.--
     For the purposes of this paragraph, the rules of paragraph 
     (4)(C) shall apply.
       ``(E) Definitions.--For the purposes of this paragraph--
       ``(i) Computer technology or equipment.--The term `computer 
     technology or equipment' means computer software (as defined 
     by section 197(e)(3)(B)), computer or peripheral equipment 
     (as defined by section 168(i)(2)(B)), and fiber optic cable 
     related to computer use.
       ``(ii) Corporation.--The term `corporation' has the meaning 
     given to such term by paragraph (4)(D).''
       (b) Effective Date.--The amendment made by this section 
     shall apply to taxable years beginning after the calendar 
     year in which this Act is enacted.

     SEC. 225. INCREASE IN ARBITRAGE REBATE EXCEPTION FOR 
                   GOVERNMENTAL BONDS USED TO FINANCE EDUCATION 
                   FACILITIES.

       (a) In General.--Section 148(f)(4)(D) (relating to 
     exception for governmental units issuing $5,000,000 or less 
     of bonds) is amended by adding at the end the following new 
     clause:
       ``(vii) Increase in exception for bonds financing public 
     school capital expenditures.--Each of the $5,000,000 amounts 
     in the preceding provisions of this subparagraph shall be 
     increased by the lesser of $5,000,000 or so much of the 
     aggregate face amount of the bonds as are attributable to 
     financing the construction (within the meaning of 
     subparagraph (C)(iv)) of public school facilities.''
       (b) Effective Date.--The amendments made by this section 
     shall apply to bonds issued after December 31, 1997.

     SEC. 226. 2-PERCENT FLOOR ON MISCELLANEOUS ITEMIZED 
                   DEDUCTIONS NOT TO APPLY TO CERTAIN CONTINUING 
                   EDUCATION EXPENSES OF ELEMENTARY AND SECONDARY 
                   SCHOOL TEACHERS.

       (a) In General.--Section 67(b) (defining miscellaneous 
     itemized deductions) is amended by striking ``and'' at the 
     end of paragraph (11), by striking the period at the end of 
     paragraph (12) and inserting ``, and'', and by adding at the 
     end the following:
       ``(13) any deduction allowable for the qualified 
     professional development expenses of an eligible teacher.''
       (b) Definitions.--Section 67 is amended by adding at the 
     end the following new subsection:
       ``(g) Qualified Professional Development Expenses of 
     Eligible Teachers.--For purposes of subsection (b)(13)--
       ``(1) Qualified professional development expenses.--
       ``(A) In general.--The term `qualified professional 
     development expenses' means expenses--
       ``(i) for tuition, fees, books, supplies, equipment, and 
     transportation required for the enrollment or attendance of 
     an individual in a qualified course of instruction, and
       ``(ii) with respect to which a deduction is allowable under 
     section 162 (determined without regard to this section).
       ``(B) Qualified course of instruction.--The term `qualified 
     course of instruction' means a course of instruction which--
       ``(i) is at an institution of higher education (as defined 
     in section 481 of the Higher Education Act of 1965 (20 U.S.C. 
     1088), as in effect on the date of the enactment of this 
     subsection), and
       ``(ii) is part of a program of professional development 
     which is approved and certified by the appropriate local 
     educational agency as directly related to the improvement of 
     the individual's capacity to use learning technology in 
     teaching.
       ``(C) Local educational agency.--The term `local 
     educational agency' has the meaning given such term by 
     section 14101 of the Elementary and Secondary Education Act 
     of 1965, as so in effect.
       ``(2) Eligible teacher.--
       ``(A) In general.--The term `eligible teacher' means an 
     individual who--
       ``(i) is a kindergarten through grade 12 teacher in an 
     elementary or secondary school, and
       ``(ii) has completed at least 2 academic years as a teacher 
     described in subparagraph (A) before the qualified 
     professional development expenses of the individual have been 
     incurred.
       ``(B) Elementary or secondary school.--The terms 
     `elementary school' and `secondary school' have the meanings 
     given such terms by section 14101 of the Elementary and 
     Secondary Education Act of 1965 (20 U.S.C. 8801), as so in 
     effect.''
       (c) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after December 31, 
     1997.
TITLE III--TAX RELIEF FOR FAMILY SAVINGS AND BUSINESS CAPITAL FORMATION
               Subtitle A--Tax Relief for Family Savings

     SEC. 301. CAPITAL GAINS DEDUCTION.

       (a) In General.--Part I of subchapter P of chapter 1 
     (relating to treatment of capital gains) is amended by 
     redesignating section 1202 as section 1203 and by inserting 
     after section 1201 the following new section:

     ``SEC. 1202. CAPITAL GAINS DEDUCTION.

       ``(a) General Rule.--If for any taxable year a taxpayer 
     other than a corporation has a net capital gain, there shall 
     be allowed as a deduction an amount equal to 30 percent of 
     the taxpayer's qualified 3-year gain for such taxable year.
       ``(b) Qualified 3-Year Gain.--For purposes of this section, 
     the term `qualified 3-year gain' means the lesser of--
       ``(1) net capital gain, or
       ``(2) the amount of gain from the sale or exchange of 
     capital assets held more than 3 years.
       ``(c) Estates and Trusts.--In the case of an estate or 
     trust, the deduction shall be computed by excluding the 
     portion (if any) of the gains for the taxable year from sales 
     or exchanges of capital assets which, under sections 652 and 
     662 (relating to inclusions of amounts in gross income of 
     beneficiaries of trusts), is includible by the income 
     beneficiaries as gain derived from the sale or exchange of 
     capital assets.
       ``(d) Coordination With Treatment of Capital Gain Under 
     Limitation on Investment Interest.--For purposes of this 
     section, the net capital gain for any taxable year shall be 
     reduced (but not below zero) by the amount which the taxpayer 
     takes into account as investment income under section 
     163(d)(4)(B)(iii).
       ``(e) Adjustments to Net Capital Gain.--For purposes of 
     this section--
       ``(1) Collectibles.--
       ``(A) In general.--Net capital gain shall be computed 
     without regard to collectibles gain.
       ``(B) Collectibles gain.--
       ``(i) In general.--The term `collectibles gain' means gain 
     from the sale or exchange of a collectible (as defined in 
     section 408(m) without regard to paragraph (3) thereof) which 
     is a capital asset held for more than 1 year but only to the 
     extent such gain is taken into account in computing gross 
     income.
       ``(ii) Partnerships, etc.--For purposes of clause (i), any 
     gain from the sale of an interest in a partnership, S 
     corporation, or trust which is attributable to unrealized 
     appreciation in the value of collectibles shall be treated as 
     gain from the sale or exchange of a collectible. Rules 
     similar to the rules of section 751 shall apply for purposes 
     of the preceding sentence.
       ``(2) Gain from small business stock.--Net capital gain 
     shall be computed without regard to any gain from the sale or 
     exchange of any qualified small business stock (within the 
     meaning of section 1203(c)) held more than 5 years which is 
     taken into account in computing gross income.
       ``(3) Pre-effective date gain.--
       ``(A) In general.--In the case of a taxable year which 
     includes May 7, 1997, net capital gain shall be computed 
     without regard to pre-effective date gain.
       ``(B) Pre-effective date gain.--The term `pre-effective 
     date gain' means the amount which would be net capital gain 
     under subsection (a) for a taxable year if such net capital 
     gain were determined by taking into account only gain or loss 
     properly taken into account for the portion of the taxable 
     year before May 7, 1997.
       ``(C) Special rules for pass-thru entities.--
       ``(i) In general.--In applying subparagraph (A) with 
     respect to any pass-thru entity, the determination of when 
     gains and losses are properly taken into account shall be 
     made at the entity level.
       ``(ii) Pass-thru entity defined.--For purposes of clause 
     (i), the term `pass-thru entity' means--

       ``(I) a regulated investment company,
       ``(II) a real estate investment trust,

[[Page S6519]]

       ``(III) an S corporation,
       ``(IV) a partnership,
       ``(V) an estate or trust, and
       ``(VI) a common trust fund.

       ``(f) Maximum Rate on Nondeductible Capital Gain.--
       ``(1) In general.--If a taxpayer other than a corporation 
     has a nondeductible net capital gain for any taxable year, 
     then the tax imposed by section 1 for the taxable year shall 
     not exceed the sum of--
       ``(A) a tax computed on the taxable income reduced by the 
     amount of the nondeductible net capital gain, at the same 
     rates and in the same manner as if this subsection had not 
     been enacted, plus
       ``(B) a tax of 28 percent of the nondeductible net capital 
     gain.
       ``(2) Nondeductible net capital gain.--For purposes of 
     paragraph (1), the term `nondeductible net capital gain' 
     means an amount equal to net capital gain, reduced by the 
     amount of gain to which subsection (a) applies.''
       (b) Deduction Allowable in Computing Adjusted Gross 
     Income.--Subsection (a) of section 62 is amended by inserting 
     after paragraph (16) the following new paragraph:
       ``(17) Long-term capital gains.--The deduction allowed by 
     section 1202.''
       (c) Technical and Conforming Changes.--
       (1)(A) Section 1 is amended by striking subsection (h).
       (B) Section 641(d)(2)(A) is amended by striking ``Except as 
     provided in section 1(h), the'' and inserting ``The''.
       (2) Paragraph (1) of section 170(e) is amended by striking 
     ``the amount of gain'' in the material following subparagraph 
     (B)(ii) and inserting ``the amount of gain (70 percent of 
     such gain in the case of property other than a collectible 
     held more than 3 years)''.
       (3) Subparagraph (B) of section 172(d)(2) is amended to 
     read as follows:
       ``(B) the deduction under section 1202 shall not be 
     allowed.''
       (4) The last sentence of section 453A(c)(3) is amended by 
     striking all that follows ``long-term capital gain,'' and 
     inserting ``the maximum rate on net capital gain under 
     section 1201 or the deduction, or maximum rate under section 
     1202 (whichever is appropriate) shall be taken into 
     account.''
       (5) Paragraph (4) of section 642(c) is amended to read as 
     follows:
       ``(4) Adjustments.--To the extent that the amount otherwise 
     allowable as a deduction under this subsection consists of 
     gain from the sale or exchange of capital assets held for 
     more than 3 years, proper adjustment shall be made for any 
     deduction allowable to the estate or trust under section 1202 
     (relating to capital gains deduction). In the case of a 
     trust, the deduction allowed by this subsection shall be 
     subject to section 681 (relating to unrelated business 
     income).''
       (6) The last sentence of section 643(a)(3) is amended to 
     read as follows: ``The deduction under section 1202 (relating 
     to capital gains deduction) shall not be taken into 
     account.''
       (7) Subparagraph (C) of section 643(a)(6) is amended by 
     inserting ``(i)'' before ``there shall'' and by inserting 
     before the period ``, and (ii) the deduction under section 
     1202 (relating to capital gains deduction) shall not be taken 
     into account''.
       (8)(A) Paragraph (2) of section 904(b) is amended by 
     striking subparagraph (A), by redesignating subparagraph (B) 
     as subparagraph (A), and by inserting after subparagraph (A) 
     (as so redesignated) the following new subparagraph:
       ``(B) Other taxpayers.--In the case of a taxpayer other 
     than a corporation, taxable income from sources outside the 
     United States shall include gain from the sale or exchange of 
     capital assets only to the extent of foreign source capital 
     gain net income.''
       (B) Subparagraph (A) of section 904(b)(2), as so 
     redesignated, is amended--
       (i) by striking all that precedes clause (i) and inserting 
     the following:
       ``(A) Corporations.--In the case of a corporation--'', and
       (ii) by striking in clause (i) ``in lieu of applying 
     subparagraph (A),''.
       (C) Paragraph (3) of section 904(b) is amended by striking 
     subparagraphs (D) and (E) and inserting the following new 
     subparagraph:
       ``(D) Rate differential portion.--The rate differential 
     portion of foreign source net capital gain, net capital gain, 
     or the excess of net capital gain from sources within the 
     United States over net capital gain, as the case may be, is 
     the same proportion of such amount as the excess of the 
     highest rate of tax specified in section 11(b) over the 
     alternative rate of tax under section 1201(a) bears to the 
     highest rate of tax specified in section 11(b).''
       (D) Clause (v) of section 593(b)(2)(D) is amended--
       (i) by striking ``if there is a capital gain rate 
     differential (as defined in section 904(b)(3)(D)) for the 
     taxable year,'', and
       (ii) by striking ``section 904(b)(3)(E)'' and inserting 
     ``section 904(b)(3)(D)''.
       (9) The last sentence of section 1044(d) is amended by 
     striking ``1202'' and inserting ``1203''.
       (10) Paragraph (1) of section 1402(i) is amended by 
     inserting ``, and the deduction provided by section 1202 
     shall not apply'' before the period at the end thereof.
       (d) Clerical Amendment.--The table of sections for part I 
     of subchapter P of chapter 1 is amended by striking the item 
     relating to section 1202 and by inserting after the item 
     relating to section 1201 the following new items:

``Sec. 1202. Capital gains deduction.
``Sec. 1203. 50-percent exclusion for gain from certain small business 
              stock.''

       (e) Effective Date.--
       (1) In general.--Except as otherwise provided in this 
     subsection, the amendments made by this section shall apply 
     to taxable years ending after May 6, 1997.
       (2) Contributions.--The amendment made by subsection (c)(2) 
     shall apply to contributions after May 6, 1997.

     SEC. 302. FAMILY DIVIDEND EXCLUSION.

       (a) In General.--Part III of subchapter B of chapter 1 
     (relating to amounts specifically excluded from gross income) 
     is amended by inserting after section 115 the following new 
     section:

     ``SEC. 116. PARTIAL EXCLUSION OF DIVIDENDS RECEIVED BY 
                   INDIVIDUALS.

       ``(a) Exclusion From Gross Income.--In the case of taxable 
     years beginning after December 31, 2002, gross income does 
     not include 30 percent of the amount of eligible dividends 
     received during the taxable year by an individual.
       ``(b) Eligible Dividends.--For purposes of this section--
       ``(1) In general.--The term `eligible dividends' means, for 
     any taxable year, the portion of the dividends from domestic 
     corporations not in excess of $250 ($500 in the case of a 
     joint return).
       ``(2) Certain dividends excluded.--Such term shall not 
     include any dividend from a corporation which, for the 
     taxable year of the corporation in which the distribution is 
     made, or for the next preceding taxable year of the 
     corporation, is a corporation exempt from tax under section 
     501 (relating to certain charitable, etc., organization) or 
     section 521 (relating to farmers' cooperative associations).
       ``(c) Special Rules.--For purposes of this section--
       ``(1) Distributions from regulated investment companies and 
     real estate investment trusts.--Subsection (a) shall apply 
     with respect to distributions by--
       ``(A) regulated investment companies to the extent provided 
     in section 854(c), and
       ``(B) real estate investment trusts to the extent provided 
     in section 857(c).
       ``(2) Distributions by a trust.--For purposes of subsection 
     (a), the amount of eligible dividends properly allocable to a 
     beneficiary under section 652 or 662 shall be deemed to have 
     been received by the beneficiary ratably on the same date 
     that the dividends were received by the estate or trust.
       ``(3) Certain nonresident aliens ineligible for 
     exclusion.--In the case of a nonresident alien individual, 
     subsection (a) shall apply only--
       ``(A) in determining the tax imposed for the taxable year 
     pursuant to section 871(b)(1) and only in respect of eligible 
     dividends which are effectively connected with the conduct of 
     a trade or business within the United States, or
       ``(B) in determining the tax imposed for the taxable year 
     pursuant to section 877(b).''
       (b) Clerical and Conforming Amendments.--
       (1) The table of sections for part III of subchapter B of 
     chapter 1 is amended by inserting after the item relating to 
     section 115 the following new item:

``Sec. 116. Partial exclusion of dividends received by individuals.''

       (2) Subsection (c) of section 584 is amended by adding at 
     the end the following new flush sentence:
     ``The proportionate share of each participant in the amount 
     of dividends received by the common trust fund and to which 
     section 116 applies shall be considered for purposes of such 
     section as having been received by such participant.''
       (3) Subsection (a) of section 643 is amended by inserting 
     after paragraph (6) the following new paragraph:
       ``(7) Dividends.--There shall be included the amount of any 
     dividends excluded from gross income pursuant to section 
     116.''
       (4) Section 854 is amended by adding at the end the 
     following new subsection:
       ``(c) Treatment Under Section 116.--
       ``(1) In general.--For purposes of section 116, in the case 
     of any dividend (other than a dividend described in 
     subsection (a)) received from a regulated investment company 
     which meets the requirements of section 852 for the taxable 
     year in which it paid the dividend--
       ``(A) the entire amount of such dividend shall be treated 
     as a dividend if the aggregate dividends received by such 
     company during the taxable year equal or exceed 75 percent of 
     its gross income, or
       ``(B) if subparagraph (A) does not apply, a portion of such 
     dividend shall be treated as a dividend (and a portion of 
     such dividend shall be treated as interest) based on the 
     portion of the company's gross income which consists of 
     aggregate dividends.
       ``(2) Notice to shareholders.--The amount of any 
     distribution by a regulated investment company which may be 
     taken into account as a dividend for purposes of the 
     exclusion under section 116 shall not exceed the amount so 
     designated by the company in a written notice to its 
     shareholders mailed not later than 45 days after the close of 
     its taxable year.
       ``(3) Definitions.--For purposes of this subsection--
       ``(A) the term `gross income' does not include gain from 
     the sale or other disposition of stock or securities, and

[[Page S6520]]

       ``(B) the term `aggregate dividends received' includes only 
     dividends received from domestic corporations other than 
     dividends described in section 116(b)(2).
     In determining the amount of any dividend for purposes of 
     subparagraph (B), the rules provided in section 116(c)(1) 
     (relating to certain distributions) shall apply.''
       (5) Subsection (c) of section 857 is amended to read as 
     follows:
       ``(c) Limitations Applicable to Dividends Received From 
     Real Estate Investment Trusts.--For purposes of section 116 
     (relating to an exclusion for dividends received by 
     individuals) and section 243 (relating to deductions for 
     dividends received by corporations), a dividend received from 
     a real estate investment trust which meets the requirements 
     of this part shall not be considered as a dividend.
       (c) Effective Date.--The amendments made by this section 
     shall apply with respect to amounts received after December 
     31, 2002, in taxable years ending after such date.

     SEC. 303. EXEMPTION FROM TAX FOR GAIN ON SALE OF PRINCIPAL 
                   RESIDENCE.

       (a) In General.--Section 121 (relating to one-time 
     exclusion of gain from sale of principal residence by 
     individual who has attained age 55) is amended to read as 
     follows:

     ``SEC. 121. EXCLUSION OF GAIN FROM SALE OF PRINCIPAL 
                   RESIDENCE.

       ``(a) Exclusion.--Gross income shall not include gain from 
     the sale or exchange of property if, during the 5-year period 
     ending on the date of the sale or exchange, such property has 
     been owned and used by the taxpayer as the taxpayer's 
     principal residence for periods aggregating 2 years or more.
       ``(b) Limitations.--
       ``(1) In general.--The amount of gain excluded from gross 
     income under subsection (a) with respect to any sale or 
     exchange shall not exceed $250,000.
       ``(2) $500,000 limitation for certain joint returns.--
     Paragraph (1) shall be applied by substituting `$500,000' for 
     `$250,000' if--
       ``(A) a husband and wife make a joint return for the 
     taxable year of the sale or exchange of the property,
       ``(B) either spouse meets the ownership requirements of 
     subsection (a) with respect to such property,
       ``(C) both spouses meet the use requirements of subsection 
     (a) with respect to such property, and
       ``(D) neither spouse is ineligible for the benefits of 
     subsection (a) with respect to such property by reason of 
     paragraph (3).
       ``(3) Application to only 1 sale or exchange every 2 
     years.--
       ``(A) In general.--Subsection (a) shall not apply to any 
     sale or exchange by the taxpayer if, during the 2-year period 
     ending on the date of such sale or exchange, there was any 
     other sale or exchange by the taxpayer to which subsection 
     (a) applied.
       ``(B) Pre-may 7, 1997, sales not taken into account.--
     Subparagraph (A) shall be applied without regard to any sale 
     or exchange before May 7, 1997.
       ``(c) Exclusion for Taxpayers Failing To Meet Certain 
     Requirements.--
       ``(1) In general.--In the case of a sale or exchange to 
     which this subsection applies, the ownership and use 
     requirements of subsection (a) shall not apply and subsection 
     (b)(3) shall not apply; but the amount of gain excluded from 
     gross income under subsection (a) with respect to such sale 
     or exchange shall not exceed--
       ``(A) the amount which bears the same ratio to the amount 
     which would be so excluded if such requirements had been met, 
     as
       ``(B) the shorter of--
       ``(i) the aggregate periods, during the 5-year period 
     ending on the date of such sale or exchange, such property 
     has been owned and used by the taxpayer as the taxpayer's 
     principal residence, or
       ``(ii) the period after the date of the most recent prior 
     sale or exchange by the taxpayer to which subsection (a) 
     applied and before the date of such sale or exchange,
     bears to 2 years.
       ``(2) Sales and exchanges to which subsection applies.--
     This subsection shall apply to any sale or exchange if--
       ``(A) subsection (a) would not (but for this subsection) 
     apply to such sale or exchange by reason of--
       ``(i) a failure to meet the ownership and use requirements 
     of subsection (a), or
       ``(ii) subsection (b)(3), and
       ``(B) such sale or exchange is by reason of a change in 
     place of employment, health, or, to the extent provided in 
     regulations, unforeseen circumstances.
       ``(d) Special Rules.--
       ``(1) Property of deceased spouse.--For purposes of this 
     section, in the case of an unmarried individual whose spouse 
     is deceased on the date of the sale or exchange of property, 
     the period such unmarried individual owned such property 
     shall include the period such deceased spouse owned such 
     property before death.
       ``(2) Property owned by spouse or former spouse.--For 
     purposes of this section--
       ``(A) Property transferred to individual from spouse or 
     former spouse.--In the case of an individual holding property 
     transferred to such individual in a transaction described in 
     section 1041(a), the period such individual owns such 
     property shall include the period the transferor owned the 
     property.
       ``(B) Property used by former spouse pursuant to divorce 
     decree, etc.--Solely for purposes of this section, an 
     individual shall be treated as using property as such 
     individual's principal residence during any period of 
     ownership while such individual's spouse or former spouse is 
     granted use of the property under a divorce or separation 
     instrument (as defined in section 71(b)(2)).
       ``(3) Tenant-stockholder in cooperative housing 
     corporation.--For purposes of this section, if the taxpayer 
     holds stock as a tenant-stockholder (as defined in section 
     216) in a cooperative housing corporation (as defined in such 
     section), then--
       ``(A) the holding requirements of subsection (a) shall be 
     applied to the holding of such stock, and
       ``(B) the use requirements of subsection (a) shall be 
     applied to the house or apartment which the taxpayer was 
     entitled to occupy as such stockholder.
       ``(4) Involuntary conversions.--
       ``(A) In general.--For purposes of this section, the 
     destruction, theft, seizure, requisition, or condemnation of 
     property shall be treated as the sale of such property.
       ``(B) Application of section 1033.--In applying section 
     1033 (relating to involuntary conversions), the amount 
     realized from the sale or exchange of property shall be 
     treated as being the amount determined without regard to this 
     section, reduced by the amount of gain not included in gross 
     income pursuant to this section.
       ``(C) Property acquired after involuntary conversion.--If 
     the basis of the property sold or exchanged is determined (in 
     whole or in part) under section 1033(b) (relating to basis of 
     property acquired through involuntary conversion), then the 
     holding and use by the taxpayer of the converted property 
     shall be treated as holding and use by the taxpayer of the 
     property sold or exchanged.
       ``(5) Recognition of gain attributable to depreciation.--
     Subsection (a) shall not apply to so much of the gain from 
     the sale of any property as does not exceed the portion of 
     the depreciation adjustments (as defined in section 
     1250(b)(3)) attributable to periods after May 6, 1997, in 
     respect of such property.
       ``(6) Determination of use during periods of out-of-
     residence care.--In the case of a taxpayer who--
       ``(A) becomes physically or mentally incapable of self-
     care, and
       ``(B) owns property and uses such property as the 
     taxpayer's principal residence during the 5-year period 
     described in subsection (a) for periods aggregating at least 
     1 year,
     then the taxpayer shall be treated as using such property as 
     the taxpayer's principal residence during any time during 
     such 5-year period in which the taxpayer owns the property 
     and resides in any facility (including a nursing home) 
     licensed by a State or political subdivision to care for an 
     individual in the taxpayer's condition.
       ``(7) Determination of marital status.--In the case of any 
     sale or exchange, for purposes of this section--
       ``(A) the determination of whether an individual is married 
     shall be made as of the date of the sale or exchange, and
       ``(B) an individual legally separated from his spouse under 
     a decree of divorce or of separate maintenance shall not be 
     considered as married.
       ``(8) Sales of remainder interests.--For purposes of this 
     section--
       ``(A) In general.--At the election of the taxpayer, this 
     section shall not fail to apply to the sale or exchange of an 
     interest in a principal residence by reason of such interest 
     being a remainder interest in such residence, but this 
     section shall not apply to any other interest in such 
     residence which is sold or exchanged separately.
       ``(B) Exception for sales to related parties.--Subparagraph 
     (A) shall not apply to any sale to, or exchange with, any 
     person who bears a relationship to the taxpayer which is 
     described in section 267(b) or 707(b).
       ``(e) Denial of Exclusion for Expatriates.--This section 
     shall not apply to any sale or exchange by an individual if 
     the treatment provided by section 877(a)(1) applies to such 
     individual.
       ``(f) Election To Have Section Not Apply.--This section 
     shall not apply to any sale or exchange with respect to which 
     the taxpayer elects not to have this section apply.
       ``(g) Residences Acquired in Rollovers Under Section 
     1034.--For purposes of this section, in the case of property 
     the acquisition of which by the taxpayer resulted under 
     section 1034 (as in effect on the day before the date of the 
     enactment of this section) in the nonrecognition of any part 
     of the gain realized on the sale or exchange of another 
     residence, in determining the period for which the taxpayer 
     has owned and used such property as the taxpayer's principal 
     residence, there shall be included the aggregate periods for 
     which such other residence (and each prior residence taken 
     into account under section 1223(7) in determining the holding 
     period of such property) had been so owned and used.''
       (b) Repeal of Nonrecognition of Gain on Rollover of 
     Principal Residence.--Section 1034 (relating to rollover of 
     gain on sale of principal residence) is hereby repealed.
       (c) Exception From Reporting.--Subsection (e) of section 
     6045 (relating to return required in the case of real estate 
     transactions) is amended by adding at the end the following 
     new paragraph:
       ``(5) Exception for sales or exchanges of certain principal 
     residences.--
       ``(A) In general.--Paragraph (1) shall not apply to any 
     sale or exchange of a residence for $250,000 or less if the 
     person referred to in paragraph (2) receives written 
     assurance in a form acceptable to the Secretary from the 
     seller that--

[[Page S6521]]

       ``(i) such residence is the principal residence (within the 
     meaning of section 121) of the seller,
       ``(ii) if the Secretary requires the inclusion on the 
     return under subsection (a) of information as to whether 
     there is federally subsidized mortgage financing assistance 
     with respect to the mortgage on residences, that there is no 
     such assistance with respect to the mortgage on such 
     residence, and
       ``(iii) the full amount of the gain on such sale or 
     exchange is excludable from gross income under section 121.
     If such assurance includes an assurance that the seller is 
     married, the preceding sentence shall be applied by 
     substituting `$500,000' for `$250,000'.
       ``(B) Seller.--For purposes of this paragraph, the term 
     `seller' includes the person relinquishing the residence in 
     an exchange.''
       (d) Conforming Amendments.--
       (1) The following provisions of the Internal Revenue Code 
     of 1986 are each amended by striking ``section 1034'' and 
     inserting ``section 121'': sections 25(e)(7), 56(e)(1)(A), 
     56(e)(3)(B)(i), 143(i)(1)(C)(i)(I), 163(h)(4)(A)(i)(I), 
     280A(d)(4)(A), 464(f)(3)(B)(i), 1033(h)(4), 1274(c)(3)(B), 
     6334(a)(13), and 7872(f)(11)(A).
       (2) Paragraph (4) of section 32(c) is amended by striking 
     ``(as defined in section 1034(h)(3))'' and by adding at the 
     end the following new sentence: ``For purposes of the 
     preceding sentence, the term `extended active duty' means any 
     period of active duty pursuant to a call or order to such 
     duty for a period in excess of 90 days or for an indefinite 
     period.''
       (3) Subparagraph (A) of 143(m)(6) is amended by inserting 
     ``(as in effect on the day before the date of the enactment 
     of the Revenue Reconciliation Act of 1997)'' after 
     ``1034(e)''.
       (4) Subsection (e) of section 216 is amended by striking 
     ``such exchange qualifies for nonrecognition of gain under 
     section 1034(f)'' and inserting ``such dwelling unit is used 
     as his principal residence (within the meaning of section 
     121)''.
       (5) Section 512(a)(3)(D) is amended by inserting ``(as in 
     effect on the day before the date of the enactment of the 
     Revenue Reconciliation Act of 1997)'' after ``1034''.
       (6) Paragraph (7) of section 1016(a) is amended by 
     inserting ``(as in effect on the day before the date of the 
     enactment of the Revenue Reconciliation Act of 1997)'' after 
     ``1034'' and by inserting ``(as so in effect)'' after 
     ``1034(e)''.
       (7) Paragraph (3) of section 1033(k) is amended to read as 
     follows:
       ``(3) For exclusion from gross income of gain from 
     involuntary conversion of principal residence, see section 
     121.''
       (8) Subsection (e) of section 1038 is amended to read as 
     follows:
       ``(e) Principal Residences.--If--
       ``(1) subsection (a) applies to a reacquisition of real 
     property with respect to the sale of which gain was not 
     recognized under section 121 (relating to gain on sale of 
     principal residence); and
       ``(2) within 1 year after the date of the reacquisition of 
     such property by the seller, such property is resold by him,

     then, under regulations prescribed by the Secretary, 
     subsections (b), (c), and (d) of this section shall not apply 
     to the reacquisition of such property and, for purposes of 
     applying section 121, the resale of such property shall be 
     treated as a part of the transaction constituting the 
     original sale of such property.''
       (9) Paragraph (7) of section 1223 is amended by inserting 
     ``(as in effect on the day before the date of the enactment 
     of the Revenue Reconciliation Act of 1997)'' after ``1034''.
       (10)(A) Subsection (d) of section 1250 is amended by 
     striking paragraph (7) and by redesignating paragraphs (9) 
     and (10) as paragraphs (7) and (8), respectively.
       (B) Subsection (e) of section 1250 is amended by striking 
     paragraph (3).
       (11) Subsection (c) of section 6012 is amended by striking 
     ``(relating to one-time exclusion of gain from sale of 
     principal residence by individual who has attained age 55)'' 
     and inserting ``(relating to gain from sale of principal 
     residence)''.
       (12) Paragraph (2) of section 6212(c) is amended by 
     striking subparagraph (C) and by redesignating the succeeding 
     subparagraphs accordingly.
       (13) Section 6504 is amended by striking paragraph (4) and 
     by redesignating the succeeding paragraphs accordingly.
       (14) The item relating to section 121 in the table of 
     sections for part III of subchapter B of chapter 1 is amended 
     to read as follows:

``Sec. 121. Exclusion of gain from sale of principal residence.''

       (15) The table of sections for part III of subchapter O of 
     chapter 1 of such Code is amended by striking the item 
     relating to section 1034.
       (e) Effective Date.--
       (1) In general.--The amendments made by this section shall 
     apply to sales and exchanges after May 6, 1997.
       (2) Sales before date of enactment.--At the election of the 
     taxpayer, the amendments made by this section shall not apply 
     to any sale or exchange before the date of the enactment of 
     this Act.
       (3) Binding contracts.--At the election of the taxpayer, 
     the amendments made by this section shall not apply to a sale 
     or exchange after the date of the enactment of this Act, if--
       (A) such sale or exchange is pursuant to a contract which 
     was binding on such date, or
       (B) without regard to such amendments, gain would not be 
     recognized under section 1034 of the Internal Revenue Code of 
     1986 (as in effect on the day before the date of the 
     enactment of this Act) on such sale or exchange by reason of 
     a new residence acquired on or before such date or with 
     respect to the acquisition of which by the taxpayer a binding 
     contract was in effect on such date.

     This paragraph shall not apply to any sale or exchange by an 
     individual if the treatment provided by section 877(a)(1) of 
     the Internal Revenue Code of 1986 applies to such individual.
                 Subtitle B--Business Capital Formation

     SEC. 311. ROLLOVER OF CAPITAL GAINS ON CERTAIN SMALL BUSINESS 
                   INVESTMENTS.

       (a) In General.--Part III of subchapter O of chapter 1 
     (relating to common nontaxable exchanges) is amended by 
     adding at the end the following new section:

     ``SEC. 1045. ROLLOVER OF GAIN ON SMALL BUSINESS INVESTMENTS.

       ``(a) Nonrecognition of Gain.--In the case of the sale of 
     any eligible small business investment with respect to which 
     the taxpayer elects the application of this section, gain 
     from such sale shall be recognized only to the extent that 
     the amount realized on such sale exceeds--
       ``(1) the cost of any other eligible small business 
     investment purchased by the taxpayer during the 6-month 
     period beginning on the date of such sale, reduced by
       ``(2) any portion of such cost previously taken into 
     account under this section.

     This section shall not apply to any gain which is treated as 
     ordinary income for purposes of this subtitle.
       ``(b) Definitions and Special Rules.--For purposes of this 
     section--
       ``(1) Purchase.--The term `purchase' has the meaning given 
     such term by section 1043(b)(4).
       ``(2) Eligible small business investment.--Except as 
     otherwise provided in this section, the term `eligible small 
     business investment' means any stock in a domestic 
     corporation, and any partnership interest in a domestic 
     partnership, which is originally issued after December 31, 
     1996, if--
       ``(A) as of the date of issuance, such corporation or 
     partnership is a qualified small business entity,
       ``(B) such stock or partnership interest is acquired by the 
     taxpayer at its original issue (directly or through an 
     underwriter)--
       ``(i) in exchange for money or other property (not 
     including stock), or
       ``(ii) as compensation for services (other than services 
     performed as an underwriter of such stock or partnership 
     interest), and
       ``(C) the taxpayer has held such stock or interest at least 
     6 months as of the time of the sale described in subsection 
     (a).

     A rule similar to the rule of section 1202(c)(3) shall apply 
     for purposes of this section.
       ``(3) Active business requirement.--Stock in a corporation, 
     and a partnership interest in a partnership, shall not be 
     treated as an eligible small business investment unless, 
     during substantially all of the taxpayer's holding period for 
     such stock or partnership interest, such corporation or 
     partnership meets the active business requirements of 
     subsection (c). A rule similar to the rule of section 
     1202(c)(2)(B) shall apply for purposes of this section.
       ``(4) Qualified small business entity.--
       ``(A) In general.--The term `qualified small business 
     entity' means any domestic corporation or partnership if--
       ``(i) such entity (and any predecessor thereof) had 
     aggregate gross assets (as defined in section 1202(d)(2)) of 
     less than $25,000,000 at all times before the issuance of the 
     interest described in paragraph (2), and
       ``(ii) the aggregate gross assets (as so defined) of the 
     entity immediately after the issuance (determined by taking 
     into account amounts received in the issuance) are less than 
     $25,000,000.
       ``(B) Aggregation rules.--Rules similar to the rules of 
     section 1202(d)(3) shall apply for purposes of this 
     paragraph.
       ``(c) Active Business Requirement.--
       ``(1) In general.--For purposes of subsection (b)(3), the 
     requirements of this subsection are met by a qualified small 
     business entity for any period if--
       ``(A) the entity is engaged in the active conduct of a 
     trade or business, and
       ``(B) at least 80 percent (by value) of the assets of such 
     entity are used in the active conduct of a qualified trade or 
     business (within the meaning of section 1202(e)(3)).

     Such requirements shall not be treated as met for any period 
     if during such period the entity is described in subparagraph 
     (A), (B), (C), or (D) of section 1202(e)(4).
       ``(2) Special rule for certain activities.--For purposes of 
     paragraph (1), if, in connection with any future trade or 
     business, an entity is engaged in--
       ``(A) startup activities described in section 195(c)(1)(A),
       ``(B) activities resulting in the payment or incurring of 
     expenditures which may be treated as research and 
     experimental expenditures under section 174, or
       ``(C) activities with respect to in-house research expenses 
     described in section 41(b)(4),

     such entity shall be treated with respect to such activities 
     as engaged in (and assets used in such activities shall be 
     treated as used in) the active conduct of a trade or 
     business. Any determination under this paragraph shall be 
     made without regard to whether the

[[Page S6522]]

     entity has any gross income from such activities at the time 
     of the determination.
       ``(3) Certain rules to apply.--Rules similar to the rules 
     of paragraphs (5), (6), (7), and (8) of section 1202(e) shall 
     apply for purposes of this subsection.
       ``(d) Certain Other Rules To Apply.--Rules similar to the 
     rules of subsections (f), (g), (h), and (j) of section 1202 
     shall apply for purposes of this section, except that a 6-
     month holding period shall be substituted for a 5-year 
     holding period where applicable.
       ``(e) Basis Adjustments.--If gain from any sale is not 
     recognized by reason of subsection (a), such gain shall be 
     applied to reduce (in the order acquired) the basis for 
     determining gain or loss of any eligible small business 
     investment which is purchased by the taxpayer during the 6-
     month period described in subsection (a).
       ``(f) Statute of Limitations.--If any gain is realized by 
     the taxpayer on the sale or exchange of any eligible small 
     business investment and there is in effect an election under 
     subsection (a) with respect to such gain, then--
       ``(1) the statutory period for the assessment of any 
     deficiency with respect to such gain shall not expire before 
     the expiration of 3 years from the date the Secretary is 
     notified by the taxpayer (in such manner as the Secretary may 
     by regulations prescribe) of--
       ``(A) the taxpayer's cost of purchasing other eligible 
     small business investments which the taxpayer claims results 
     in nonrecognition of any part of such gain,
       ``(B) the taxpayer's intention not to purchase other 
     eligible small business investments within the 6-month period 
     described in subsection (a), or
       ``(C) a failure to make such purchase within such 6-month 
     period, and
       ``(2) such deficiency may be assessed before the expiration 
     of such 3-year period notwithstanding the provisions of any 
     other law or rule of law which would otherwise prevent such 
     assessment.
       ``(g) Regulations.--The Secretary shall prescribe such 
     regulations as may be appropriate to carry out the purposes 
     of this section, including regulations to prevent the 
     avoidance of the purposes of this section through splitups, 
     shell corporations, partnerships, or otherwise and 
     regulations to modify the application of section 1202 to the 
     extent necessary to apply such section to a partnership 
     rather than a corporation.''
       (b) Conforming Amendment.--Paragraph (23) of section 
     1016(a) is amended--
       (1) by striking ``or 1044'' and inserting ``, 1044, or 
     1045'', and
       (2) by striking ``or 1044(d)'' and inserting ``, 1044(d), 
     or 1045(e)''.
       (c) Clerical Amendment.--The table of sections for part III 
     of subchapter O of chapter 1 is amended by adding at the end 
     the following new item:

``Sec. 1045. Rollover of gain on small business investments.''

       (d) Effective Date.--The amendments made by this section 
     shall apply to taxable years ending after December 31, 1996.

     SEC. 312. MODIFICATIONS TO EXCLUSION OF GAIN ON CERTAIN SMALL 
                   BUSINESS STOCK.

       (a) Exclusion Available to Corporations.--
       (1) In general.--Subsection (a) of section 1203, as 
     redesignated by section 301(a), is amended by striking 
     ``other than a corporation''.
       (2) Technical amendment.--Subsection (c) of section 1203, 
     as so redesignated, is amended by adding at the end the 
     following new paragraph:
       ``(4) Stock held among members of controlled group not 
     eligible.--Stock shall not be treated as qualified small 
     business stock if such stock was at any time held by any 
     member of the parent-subsidiary controlled group (as defined 
     in subsection (d)(3)) which includes the qualified small 
     business.''
       (b) Repeal of Minimum Tax Preference.--
       (1) In general.--Section 57(a) is amended by striking 
     paragraph (7).
       (2) Technical amendment.--Section 53(d)(1)(B)(ii)(II) is 
     amended by striking ``, (5), and (7)'' and inserting ``and 
     (5)''.
       (c) Size of Businesses Eligible for Exclusion.--
       (1) Section 1203(d)(1), as so redesignated, is amended to 
     read as follows:
       ``(1) In general.--The term `qualified small business' 
     means any domestic corporation which is a C corporation--
       ``(A) if--
       ``(i) the aggregate gross assets of such corporation (or 
     any predecessor thereof) at all times on or after the date of 
     the enactment of the Revenue Reconciliation Act of 1997 and 
     before the issuance did not exceed $100,000,000, and
       ``(ii) the aggregate gross assets of such corporation 
     immediately after the issuance (determined by taking into 
     account amounts received in the issuance) do not exceed 
     $100,000,000, and
       ``(B) such corporation agrees to submit such reports to the 
     Secretary and to shareholders as the Secretary may require to 
     carry out the purposes of this section.''
       (2) Section 1203(d), as so redesignated, is amended by 
     adding at the end the following new paragraph:
       ``(4) Inflation adjustment.--
       ``(A) In general.--In the case of stock issued in any 
     calendar year after 1998, each dollar amount referred to in 
     subsection (d)(1)(A) shall be increased by an amount equal 
     to--
       ``(i) such dollar amount, multiplied by
       ``(ii) the cost-of-living adjustment determined under 
     section 1(f)(3) for the calendar year in which the taxable 
     year begins, determined by substituting `calendar year 1997' 
     for `calendar year 1992' in subparagraph (B) thereof.
       ``(B) Rounding.--If any amount contained in subsection 
     (d)(1)(A)(i) as adjusted under subparagraph (A) is not a 
     multiple of $1,000,000, such amount shall be rounded to the 
     next lower multiple of $1,000,000.''
       (3) Section 1203(e)(3), as so redesignated, is amended by 
     striking subparagraph (C) and redesignating subparagraphs (D) 
     and (E) as subparagraphs (C) and (D), respectively.
       (d) Per-Issuer Limitation.--Section 1203(b)(1)(A), as so 
     redesignated, is amended by striking ``$10,000,000'' and 
     inserting ``$20,000,000''.
       (e) Other Modifications.--
       (1) Working capital limitation.--Section 1203(e)(6), as so 
     redesignated, is amended by striking ``2 years'' each place 
     it appears and inserting ``5 years''.
       (2) Redemption rules.--Section 1203(c)(3), as so 
     redesignated, is amended by adding at the end the following 
     new subparagraph:
       ``(D) Waiver where business purpose.--A purchase of stock 
     by the issuing corporation shall be disregarded for purposes 
     of subparagraph (B) if the issuing corporation establishes 
     that there was a business purpose for such purchase and one 
     of the principal purposes of the purchase was not to avoid 
     the limitation of this section.''
       (f) Effective Dates.--
       (1) In general.--The amendments made by this section shall 
     apply to stock issued after the date of the enactment of this 
     Act.
       (2) Special rule.--The amendments made by subsection (b), 
     (d), and (e) shall apply to stock issued after August 10, 
     1993.

     SEC. 313. EXPANSION OF SMALL BUSINESS STOCK EXCLUSION TO 
                   FAMILY-OWNED BUSINESSES.

       (a) In General.--Section 1203(a), as redesignated by 
     section 301(a) and amended by section 312, is amended to read 
     as follows:
       ``(a) 50-Percent Exclusion.--Gross income shall not include 
     50 percent of any gain from the sale or exchange of--
       ``(1) qualified small business stock held for more than 5 
     years, and
       ``(2) any qualified family-owned business interest held for 
     more than 5 years.''
       (b) Qualified Family-Owned Business Interest.--Section 
     1203, as so redesignated, is amended by redesignating 
     subsection (k) as subsection (l) and by inserting after 
     subsection (j) the following new subsection:
       ``(k) Qualified Family-Owned Business Interest.--For 
     purposes of this section--
       ``(1) In general.--The term `qualified family-owned 
     business interest' means any interest--
       ``(A) which consists of--
       ``(i) stock in an S corporation,
       ``(ii) an interest in a partnership or other pass-through 
     entity, or
       ``(iii) an interest as a sole proprietor in a trade or 
     business,

     which, as of the time the interest was acquired, constitutes 
     a qualified family-owned business,
       ``(B) which was acquired after the date of the enactment of 
     this subsection (and in the case of stock, which was 
     originally issued after such date)--
       ``(i) in exchange for money or other property (not 
     including such an interest), or
       ``(ii) as compensation for services provided to the entity.
       ``(2) Active business requirement.--An interest shall not 
     qualify under paragraph (1) unless, during substantially all 
     of the taxpayer's holding period for such interest, the 
     qualified family-owned business meets the active business 
     requirements of subsection (e) (without regard to paragraph 
     (3)(C) thereof).
       ``(3) Qualified family-owned business.--
       ``(A) In general.--The term `qualified family-owned 
     business' means a trade or business which--
       ``(i) is described in section 2033A(e) (determined by 
     substituting `taxpayer' for `decedent' each place it 
     appears), and
       ``(ii) except as provided in subparagraph (B), meets the 
     aggregate gross assets tests described in subsection (d)(1).
       ``(B) Special rule for farms.--In the case of a trade or 
     business of farming (within the meaning of section 2032A)--
       ``(i) subparagraph (A)(ii) shall not apply, and
       ``(ii) such trade or business shall not be treated as a 
     qualified family-owned business unless the average gross 
     receipts of the trade or business (or any predecessor) for 
     the 3 taxable years preceding the taxable year in which the 
     interest is acquired did not exceed $2,000,000.
       ``(4) Special rules.--For purposes of this subsection.--
       ``(A) Aggregation.--In applying the $2,000,000 limit under 
     paragraph (3) all persons treated as 1 person under section 
     52 (a) or (b) shall be treated as 1 person and all trades or 
     businesses of such person shall be treated as 1 trade or 
     business.
       ``(B) Indexing.--The $2,000,000 amount under paragraph (3) 
     shall be indexed at the same time and manner as under 
     subsection (d)(4), except that subparagraph (B) thereof shall 
     be applied by substituting `$50,000' for `$1,000,000'.''
       (c) Effective Date.--The amendments made by this section 
     shall apply to interests acquired after the date of enactment 
     of this Act, in taxable years ending after such date.

[[Page S6523]]

      TITLE IV--ESTATE TAX RELIEF FOR FAMILY BUSINESSES AND FARMS

     SEC. 401. FAMILY-OWNED BUSINESS EXCLUSION.

       (a) In General.--Part III of subchapter A of chapter 11 
     (relating to gross estate) is amended by inserting after 
     section 2033 the following new section:

     ``SEC. 2033A. FAMILY-OWNED BUSINESS EXCLUSION.

       ``(a) In General.--In the case of an estate of a decedent 
     to which this section applies, the value of the gross estate 
     shall not include the lesser of--
       ``(1) the adjusted value of the qualified family-owned 
     business interests of the decedent otherwise includible in 
     the estate, or
       ``(2) $900,000, reduced by the amount of any exclusion 
     allowed under this section with respect to the estate of a 
     previously deceased spouse of the decedent.
       ``(b) Estates to Which Section Applies.--
       ``(1) In general.--This section shall apply to an estate 
     if--
       ``(A) the decedent was (at the date of the decedent's 
     death) a citizen or resident of the United States,
       ``(B) the sum of--
       ``(i) the adjusted value of the qualified family-owned 
     business interests described in paragraph (2), plus
       ``(ii) the amount of the gifts of such interests determined 
     under paragraph (3),

     exceeds 50 percent of the adjusted gross estate, and
       ``(C) during the 8-year period ending on the date of the 
     decedent's death there have been periods aggregating 5 years 
     or more during which--
       ``(i) such interests were owned by the decedent or a member 
     of the decedent's family, and
       ``(ii) there was material participation (within the meaning 
     of section 2032A(e)(6)) by the decedent or a member of the 
     decedent's family in the operation of the business to which 
     such interests relate.
       ``(2) Includible qualified family-owned business 
     interests.--The qualified family-owned business interests 
     described in this paragraph are the interests which--
       ``(A) are included in determining the value of the gross 
     estate (without regard to this section), and
       ``(B) are acquired by any qualified heir from, or passed to 
     any qualified heir from, the decedent (within the meaning of 
     section 2032A(e)(9)).
       ``(3) Includible gifts of interests.--The amount of the 
     gifts of qualified family-owned business interests determined 
     under this paragraph is the excess of--
       ``(A) the sum of--
       ``(i) the amount of such gifts from the decedent to members 
     of the decedent's family taken into account under subsection 
     2001(b)(1)(B), plus
       ``(ii) the amount of such gifts otherwise excluded under 
     section 2503(b),

     to the extent such interests are continuously held by members 
     of such family (other than the decedent's spouse) between the 
     date of the gift and the date of the decedent's death, over
       ``(B) the amount of such gifts from the decedent to members 
     of the decedent's family otherwise included in the gross 
     estate.
       ``(c) Adjusted Gross Estate.--For purposes of this section, 
     the term `adjusted gross estate' means the value of the gross 
     estate (determined without regard to this section)--
       ``(1) reduced by any amount deductible under paragraph (3) 
     or (4) of section 2053(a), and
       ``(2) increased by the excess of--
       ``(A) the sum of--
       ``(i) the amount of gifts determined under subsection 
     (b)(3), plus
       ``(ii) the amount (if more than de minimis) of other 
     transfers from the decedent to the decedent's spouse (at the 
     time of the transfer) within 10 years of the date of the 
     decedent's death, plus
       ``(iii) the amount of other gifts (not included under 
     clause (i) or (ii)) from the decedent within 3 years of such 
     date, other than gifts to members of the decedent's family 
     otherwise excluded under section 2503(b), over
       ``(B) the sum of the amounts described in clauses (i), 
     (ii), and (iii) of subparagraph (A) which are otherwise 
     includible in the gross estate.

     For purposes of the preceding sentence, the Secretary may 
     provide that de minimis gifts to persons other than members 
     of the decedent's family shall not be taken into account.
       ``(d) Adjusted Value of the Qualified Family-Owned Business 
     Interests.--For purposes of this section, the adjusted value 
     of any qualified family-owned business interest is the value 
     of such interest for purposes of this chapter (determined 
     without regard to this section), reduced by the excess of--
       ``(1) any amount deductible under paragraph (3) or (4) of 
     section 2053(a), over
       ``(2) the sum of--
       ``(A) any indebtedness on any qualified residence of the 
     decedent the interest on which is deductible under section 
     163(h)(3), plus
       ``(B) any indebtedness to the extent the taxpayer 
     establishes that the proceeds of such indebtedness were used 
     for the payment of educational and medical expenses of the 
     decedent, the decedent's spouse, or the decedent's dependents 
     (within the meaning of section 152), plus
       ``(C) any indebtedness not described in clause (i) or (ii), 
     to the extent such indebtedness does not exceed $10,000.
       ``(e) Qualified Family-Owned Business Interest.--
       ``(1) In general.--For purposes of this section, the term 
     `qualified family-owned business interest' means--
       ``(A) an interest as a proprietor in a trade or business 
     carried on as a proprietorship, or
       ``(B) an interest in an entity carrying on a trade or 
     business, if--
       ``(i) at least--

       ``(I) 50 percent of such entity is owned (directly or 
     indirectly) by the decedent and members of the decedent's 
     family,
       ``(II) 70 percent of such entity is so owned by members of 
     2 families, or
       ``(III) 90 percent of such entity is so owned by members of 
     3 families, and

       ``(ii) for purposes of subclause (II) or (III) of clause 
     (i), at least 30 percent of such entity is so owned by the 
     decedent and members of the decedent's family.
       ``(2) Limitation.--Such term shall not include--
       ``(A) any interest in a trade or business the principal 
     place of business of which is not located in the United 
     States,
       ``(B) any interest in an entity, if the stock or debt of 
     such entity or a controlled group (as defined in section 
     267(f)(1)) of which such entity was a member was readily 
     tradable on an established securities market or secondary 
     market (as defined by the Secretary) at any time within 3 
     years of the date of the decedent's death,
       ``(C) any interest in a trade or business not described in 
     section 542(c)(2), if more than 35 percent of the adjusted 
     ordinary gross income of such trade or business for the 
     taxable year which includes the date of the decedent's death 
     would qualify as personal holding company income (as defined 
     in section 543(a)),
       ``(D) that portion of an interest in a trade or business 
     that is attributable to--
       ``(i) cash or marketable securities, or both, in excess of 
     the reasonably expected day-to-day working capital needs of 
     such trade or business, and
       ``(ii) any other assets of the trade or business (other 
     than assets used in the active conduct of a trade or business 
     described in section 542(c)(2)), the income of which is 
     described in section 543(a) or in subparagraph (B), (C), (D), 
     or (E) of section 954(c)(1) (determined by substituting 
     `trade or business' for `controlled foreign corporation').
       ``(3) Rules regarding ownership.--
       ``(A) Ownership of entities.--For purposes of paragraph 
     (1)(B)--
       ``(i) Corporations.--Ownership of a corporation shall be 
     determined by the holding of stock possessing the appropriate 
     percentage of the total combined voting power of all classes 
     of stock entitled to vote and the appropriate percentage of 
     the total value of shares of all classes of stock.
       ``(ii) Partnerships.--Ownership of a partnership shall be 
     determined by the owning of the appropriate percentage of the 
     capital interest in such partnership.
       ``(B) Ownership of tiered entities.--For purposes of this 
     section, if by reason of holding an interest in a trade or 
     business, a decedent, any member of the decedent's family, 
     any qualified heir, or any member of any qualified heir's 
     family is treated as holding an interest in any other trade 
     or business--
       ``(i) such ownership interest in the other trade or 
     business shall be disregarded in determining if the ownership 
     interest in the first trade or business is a qualified 
     family-owned business interest, and
       ``(ii) this section shall be applied separately in 
     determining if such interest in any other trade or business 
     is a qualified family-owned business interest.
       ``(C) Individual ownership rules.--For purposes of this 
     section, an interest owned, directly or indirectly, by or for 
     an entity described in paragraph (1)(B) shall be considered 
     as being owned proportionately by or for the entity's 
     shareholders, partners, or beneficiaries. A person shall be 
     treated as a beneficiary of any trust only if such person has 
     a present interest in such trust.
       ``(f) Tax Treatment of Failure To Materially Participate in 
     Business or Dispositions of Interests.--
       ``(1) In general.--There is imposed an additional estate 
     tax if, within 10 years after the date of the decedent's 
     death and before the date of the qualified heir's death--
       ``(A) the material participation requirements described in 
     section 2032A(c)(6)(B) are not met with respect to the 
     qualified family-owned business interest which was acquired 
     (or passed) from the decedent,
       ``(B) the qualified heir disposes of any portion of a 
     qualified family-owned business interest (other than by a 
     disposition to a member of the qualified heir's family or 
     through a qualified conservation contribution under section 
     170(h)),
       ``(C) the qualified heir loses United States citizenship 
     (within the meaning of section 877) or with respect to whom 
     an event described in subparagraph (A) or (B) of section 
     877(e)(1) occurs, and such heir does not comply with the 
     requirements of subsection (g), or
       ``(D) the principal place of business of a trade or 
     business of the qualified family-owned business interest 
     ceases to be located in the United States.
       ``(2) Additional estate tax.--
       ``(A) In general.--The amount of the additional estate tax 
     imposed by paragraph (1) shall be equal to--
       ``(i) the applicable percentage of the adjusted tax 
     difference attributable to the

[[Page S6524]]

     qualified family-owned business interest (as determined under 
     rules similar to the rules of section 2032A(c)(2)(B)), plus
       ``(ii) interest on the amount determined under clause (i) 
     at the underpayment rate established under section 6621 for 
     the period beginning on the date the estate tax liability was 
     due under this chapter and ending on the date such additional 
     estate tax is due.
       ``(B) Applicable percentage.--For purposes of this 
     paragraph, the applicable percentage shall be determined 
     under the following table:

                                            ``If the event described in
                                                paragraph (1) occurs in
                                                  the folThe applicable
                                                material percentage is:
  1 through 6..................................................100 ....

  7.............................................................80 ....

  8.............................................................60 ....

  9.............................................................40 ....

  10............................................................20.....

       ``(g) Security Requirements for Noncitizen Qualified 
     Heirs.--
       ``(1) In general.--Except upon the application of 
     subparagraph (F) or (M) of subsection (h)(3), if a qualified 
     heir is not a citizen of the United States, any interest 
     under this section passing to or acquired by such heir 
     (including any interest held by such heir at a time described 
     in subsection (f)(1)(C)) shall be treated as a qualified 
     family-owned business interest only if the interest passes or 
     is acquired (or is held) in a qualified trust.
       ``(2) Qualified trust.--The term `qualified trust' means a 
     trust--
       ``(A) which is organized under, and governed by, the laws 
     of the United States or a State, and
       ``(B) except as otherwise provided in regulations, with 
     respect to which the trust instrument requires that at least 
     1 trustee of the trust be an individual citizen of the United 
     States or a domestic corporation.
       ``(h) Other Definitions and Applicable Rules.--For purposes 
     of this section--
       ``(1) Qualified heir.--The term `qualified heir'--
       ``(A) has the meaning given to such term by section 
     2032A(e)(1), and
       ``(B) includes any active employee of the trade or business 
     to which the qualified family-owned business interest relates 
     if such employee has been employed by such trade or business 
     for a period of at least 10 years before the date of the 
     decedent's death.
       ``(2) Member of the family.--The term `member of the 
     family' has the meaning given to such term by section 
     2032A(e)(2).
       ``(3) Applicable rules.--Rules similar to the following 
     rules shall apply:
       ``(A) Section 2032A(b)(4) (relating to decedents who are 
     retired or disabled).
       ``(B) Section 2032A(b)(5) (relating to special rules for 
     surviving spouses).
       ``(C) Section 2032A(c)(2)(D) (relating to partial 
     dispositions).
       ``(D) Section 2032A(c)(3) (relating to only 1 additional 
     tax imposed with respect to any 1 portion).
       ``(E) Section 2032A(c)(4) (relating to due date).
       ``(F) Section 2032A(c)(5) (relating to liability for tax; 
     furnishing of bond).
       ``(G) Section 2032A(c)(7) (relating to no tax if use begins 
     within 2 years; active management by eligible qualified heir 
     treated as material participation).
       ``(H) Section 2032A(e)(10) (relating to community 
     property).
       ``(I) Section 2032A(e)(14) (relating to treatment of 
     replacement property acquired in section 1031 or 1033 
     transactions).
       ``(J) Section 2032A(f) (relating to statute of 
     limitations).
       ``(K) Section 6166(b)(3) (relating to farmhouses and 
     certain other structures taken into account).
       ``(L) Subparagraphs (B), (C), and (D) of section 6166(g)(1) 
     (relating to acceleration of payment).
       ``(M) Section 6324B (relating to special lien for 
     additional estate tax).''
       (b) Clerical Amendment.--The table of sections for part III 
     of subchapter A of chapter 11 is amended by inserting after 
     the item relating to section 2033 the following new item:

``Sec. 2033A. Family-owned business exclusion.''
       (c) Effective Date.--The amendments made by this section 
     shall apply to estates of decedents dying after December 31, 
     1996.

     SEC. 402. PORTION OF ESTATE TAX SUBJECT TO 4-PERCENT INTEREST 
                   RATE INCREASED TO $2,500,000.

       (a) In General.--Subparagraph (B) of section 6601(j)(2) 
     (defining 4-percent portion) is amended by striking 
     ``$345,800'' and inserting ``$1,025,800''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to estates of decedents dying after December 31, 
     1996.

     SEC. 403. CERTAIN CASH RENTALS OF FARMLAND NOT TO CAUSE 
                   RECAPTURE OF SPECIAL ESTATE TAX VALUATION.

       (a) In General.--Subsection (c) of section 2032A (relating 
     to tax treatment of dispositions and failures to use for 
     qualified use) is amended by adding at the end the following 
     new paragraph:
       ``(8) Certain cash rental not to cause recapture.--For 
     purposes of this subsection, a qualified heir shall not be 
     treated as failing to use property in a qualified use solely 
     because such heir rents such property on a net cash basis to 
     a member of the decedent's family, but only if, during the 
     period of the lease, such member of the decedent's family 
     uses such property in a qualified use.''
       (b) Effective Date.--The amendment made by subsection (a) 
     shall apply with respect to rentals occurring after December 
     31, 1976.
                          TITLE V--EXTENSIONS

     SEC. 501. RESEARCH TAX CREDIT.

       (a) In General.--Paragraph (1) of section 41(h) (relating 
     to termination) is amended--
       (1) by striking ``May 31, 1997'' and inserting ``December 
     31, 1998'', and
       (2) by striking in the last sentence ``during the first 11 
     months of such taxable year.'' and inserting ``during the 30-
     month period beginning with the first month of such year. The 
     30 months referred to in the preceding sentence shall be 
     reduced by the number of full months after June 1996 (and 
     before the first month of such first taxable year) during 
     which the taxpayer paid or incurred any amount which is taken 
     into account in determining the credit under this section.''
       (b) Technical Amendments.--
       (1) Subparagraph (B) of section 41(c)(4) is amended to read 
     as follows:
       ``(B) Election.--An election under this paragraph shall 
     apply to the taxable year for which made and all succeeding 
     taxable years unless revoked with the consent of the 
     Secretary.''
       (2) Paragraph (1) of section 45C(b) is amended by striking 
     ``May 31, 1997'' and inserting ``December 31, 1998''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to amounts paid or incurred after May 31, 1997.

     SEC. 502. CONTRIBUTIONS OF STOCK TO PRIVATE FOUNDATIONS.

       (a) In General.--Clause (ii) of section 170(e)(5)(D) 
     (relating to termination) is amended by striking ``May 31, 
     1997'' and inserting ``December 31, 1998''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall apply to contributions made after May 31, 1997.

     SEC. 503. WORK OPPORTUNITY TAX CREDIT.

       (a) Extension.--Subparagraph (B) of section 51(c)(4) 
     (relating to termination) is amended by striking ``September 
     30, 1997'' and inserting ``September 30, 1998''.
       (b) Modification of Eligibility Requirement Based on Period 
     on Welfare.--
       (1) In general.--Subparagraph (A) of section 51(d)(2) 
     (defining qualified IV-A recipient) is amended by striking 
     all that follows ``a IV-A program'' and inserting ``for any 9 
     months during the 18-month period ending on the hiring 
     date.''
       (2) Conforming amendment.--Subparagraph (A) of section 
     51(d)(3) is amended to read as follows:
       ``(A) In general.--The term `qualified veteran' means any 
     veteran who is certified by the designated local agency as 
     being a member of a family receiving assistance under a food 
     stamp program under the Food Stamp Act of 1977 for at least a 
     3-month period ending during the 12-month period ending on 
     the hiring date.''
       (c) Qualified SSI Recipients Treated as Members of Targeted 
     Groups.--
       (1) In general.--Section 51(d)(1) (relating to members of 
     targeted groups) is amended by striking ``or'' at the end of 
     subparagraph (F), by striking the period at the end of 
     subparagraph (G) and inserting ``, or'', and by adding at the 
     end the following new subparagraph:
       ``(H) a qualified SSI recipient.''
       (2) Qualified ssi recipients.--Section 51(d) is amended by 
     redesignating paragraphs (9), (10), and (11) as paragraphs 
     (10), (11), and (12), respectively, and by inserting after 
     paragraph (8) the following new paragraph:
       ``(9) Qualified ssi recipient.--The term `qualified SSI 
     recipient' means any individual who is certified by the 
     designated local agency as receiving supplemental security 
     income benefits under title XVI of the Social Security Act 
     (including supplemental security income benefits of the type 
     described in section 1616 of such Act or section 212 of 
     Public Law 93-66) for any month ending within the 60-day 
     period ending on the hiring date.''
       (d) Percentage of Wages Allowed as Credit.--
       (1) In general.--Subsection (a) of section 51 (relating to 
     determination of amount) is amended by striking ``35 
     percent'' and inserting ``40 percent''.
       (2) Application of credit for individuals performing fewer 
     than 400 hours of services.--Paragraph (3) of section 51(i) 
     is amended to read as follows:
       ``(3) Individuals not meeting minimum employment periods.--
       ``(A) Reduction of credit for individuals performing fewer 
     than 400 hours of services.--In the case of an individual who 
     has completed at least 120 hours, but less than 400 hours, of 
     services performed for the employer, subsection (a) shall be 
     applied by substituting `25 percent' for `40 percent'.
       ``(B) Denial of credit for individuals performing fewer 
     than 120 hours of services.--No wages shall be taken into 
     account under subsection (a) with respect to any individual 
     unless such individual has completed at least 120 hours of 
     services performed for the employer.''
       (e) Effective date.--The amendments made by this section 
     shall apply to individuals who begin work for the employer 
     after September 30, 1997.

     SEC. 504. ORPHAN DRUG TAX CREDIT.

       (a) In General.--Section 45C (relating to clinical testing 
     expenses for certain drugs for rare diseases or conditions) 
     is amended by striking subsection (e).
       (b) Effective Date.--The amendment made by subsection (a) 
     shall apply to amounts paid or incurred after May 31, 1997.

[[Page S6525]]

  TITLE VI--INCENTIVES FOR REVITALIZATION OF THE DISTRICT OF COLUMBIA

     SEC. 601. TAX INCENTIVES FOR REVITALIZATION OF THE DISTRICT 
                   OF COLUMBIA.

       (a) In General.--Chapter 1 is amended by adding at the end 
     the following new subchapter:

 ``Subchapter W--Incentives for the Revitalization of the District of 
                                Columbia

``Sec. 1400.  First-time homebuyer credit for District of Columbia.
``Sec. 1400A. Credit for equity investments in and loans to District of 
              Columbia businesses.
``Sec. 1400B. Zero percent capital gains rate.

     ``SEC. 1400. FIRST-TIME HOMEBUYER CREDIT FOR DISTRICT OF 
                   COLUMBIA.

       ``(a) Allowance of Credit.--In the case of an individual 
     who is a first-time homebuyer of a principal residence in the 
     District of Columbia during any taxable year, there shall be 
     allowed as a credit against the tax imposed by this chapter 
     for the taxable year an amount equal to so much of the 
     purchase price of the residence as does not exceed $5,000.
       ``(b) First-Time Homebuyer.--For purposes of this section--
       ``(1) In general.--The term `first-time homebuyer' has the 
     same meaning as when used in section 72(t)(8)(D)(i), except 
     that `principal residence in the District of Columbia during 
     the 1-year period' shall be substituted for `principal 
     residence during the 2-year period' in subclause (I) thereof.
       ``(2) One-time only.--If an individual is treated as a 
     first-time homebuyer with respect to any principal residence, 
     such individual may not be treated as a first-time homebuyer 
     with respect to any other principal residence.
       ``(3) Principal residence.--The term `principal residence' 
     has the same meaning as when used in section 121.
       ``(4) Date of acquisition.--The term `date of acquisition' 
     has the same meaning as when used in section 72t(8)(D)(iii).
       ``(c) Carryover of Credit.--If the credit allowable under 
     subsection (a) exceeds the limitation imposed by section 
     26(a) for such taxable year reduced by the sum of the credits 
     allowable under subpart A of part IV of subchapter A (other 
     than this section and section 25), such excess shall be 
     carried to the succeeding taxable year and added to the 
     credit allowable under subsection (a) for such taxable year.
       ``(d) Special Rules.--For purposes of this section--
       ``(1) Allocation of dollar limitation.--
       ``(A) Married individuals filing jointly.--In the case of a 
     husband and wife who file a joint return, the $5,000 
     limitation under subsection (a) shall apply to the joint 
     return.
       ``(B) Married individuals filing separately.--In the case 
     of a married individual filing a separate return, subsection 
     (a) shall be applied by substituting `$2,500' for `$5,000'.
       ``(C) Other taxpayers.--If 2 or more individuals who are 
     not married purchase a principal residence, the amount of the 
     credit allowed under subsection (a) shall be allocated among 
     such individuals in such manner as the Secretary may 
     prescribe, except that the total amount of the credits 
     allowed to all such individuals shall not exceed $5,000.
       ``(2) Purchase.--The term `purchase' means any acquisition, 
     but only if--
       ``(A) the property is not acquired from a person whose 
     relationship to the person acquiring it would result in the 
     disallowance of losses under section 267 or 707(b) (but, in 
     applying section 267 (b) and (c) for purposes of this 
     section, paragraph (4) of section 267(c) shall be treated as 
     providing that the family of an individual shall include only 
     his spouse, ancestors, and lineal descendants), and
       ``(B) the basis of the property in the hands of the person 
     acquiring it is not determined--
       ``(i) in whole or in part by reference to the adjusted 
     basis of such property in the hands of the person from whom 
     acquired, or
       ``(ii) under section 1014(a) (relating to property acquired 
     from a decedent).
       ``(3) Purchase price.--The term `purchase price' means the 
     adjusted basis of the principal residence on the date of 
     acquisition.
       ``(d) Reporting.--If the Secretary requires information 
     reporting under section 6045 to verify the eligibility of 
     taxpayers for the credit allowable by this section, the 
     exception provided by section 6045(e)(5) shall not apply.
       ``(e) Credit Treated as Nonrefundable Personal Credit.--For 
     purposes of this title, the credit allowed by this section 
     shall be treated as a credit allowable under subpart A of 
     part IV of subchapter A of this chapter.

     ``SEC. 1400A. CREDIT FOR EQUITY INVESTMENTS IN AND LOANS TO 
                   DISTRICT OF COLUMBIA BUSINESSES.

       ``(a) General Rule.--For purposes of section 38, the DC 
     investment credit determined under this section for any 
     taxable year is--
       ``(1) the qualified lender credit for such year, and
       ``(2) the qualified equity investment credit for such year.
       ``(b) Qualified Lender Credit.--For purposes of this 
     section--
       ``(1) In general.--The qualified lender credit for any 
     taxable year is the amount of credit specified for such year 
     by the Economic Development Corporation with respect to 
     qualified District loans made by the taxpayer.
       ``(2) Limitation.--In no event may the qualified lender 
     credit with respect to any loan exceed 25 percent of the cost 
     of the property purchased with the proceeds of the loan.
       ``(3) Qualified district loan.--For purposes of paragraph 
     (1), the term `qualified district loan' means any loan for 
     the purchase (as defined in section 179(d)(2)) of property to 
     which section 168 applies (or would apply but for section 
     179) (or land which is functionally related and subordinate 
     to such property) and substantially all of the use of which 
     is in the District of Columbia and is in the active conduct 
     of a trade or business in the District of Columbia. A rule 
     similar to the rule of section 1397C(a)(2) shall apply for 
     purposes of the preceding sentence.
       ``(c) Qualified Equity Investment Credit.--
       ``(1) In general.--For purposes of this section, the 
     qualified equity investment credit determined under this 
     section for any taxable year is an amount equal to the 
     percentage specified by the Economic Development Corporation 
     (but not greater than 25 percent) of the aggregate amount 
     paid in cash by the taxpayer during the taxable year for the 
     purchase of District business investments.
       ``(2) District business investment.--For purposes of this 
     subsection, the term `District business investment' means--
       ``(A) any District business stock, and
       ``(B) any District partnership interest.
       ``(3) District business stock.--For purposes of this 
     subsection--
       ``(A) In general.--Except as provided in subparagraph (B), 
     the term `District business stock' means any stock in a 
     domestic corporation if--
       ``(i) such stock is acquired by the taxpayer at its 
     original issue (directly or through an underwriter) solely in 
     exchange for cash, and
       ``(ii) as of the time such stock was issued, such 
     corporation was engaged in a trade or business in the 
     District of Columbia (or, in the case of a new corporation, 
     such corporation was being organized for purposes of engaging 
     in such a trade or business).
       ``(B) Redemptions.--A rule similar to the rule of section 
     1202(c)(3) shall apply for purposes of this paragraph.
       ``(4) Qualified district partnership interest.--For 
     purposes of this subsection, the term `qualified District 
     partnership interest' means any interest in a partnership 
     if--
       ``(A) such interest is acquired by the taxpayer from the 
     partnership solely in exchange for cash, and
       ``(B) as of the time such interest was acquired, such 
     partnership was engaging in a trade or business in the 
     District of Columbia (or, in the case of a new partnership, 
     such partnership was being organized for purposes of engaging 
     in such a trade or business).

     A rule similar to the rule of paragraph (3)(B) shall apply 
     for purposes of this paragraph.
       ``(5) Recapture of credit upon certain dispositions of 
     district business investments.--
       ``(A) In general.--If a taxpayer disposes of any District 
     business investment (or any other property the basis of which 
     is determined in whole or in part by reference to the 
     adjusted basis of such investment) before the end of the 5-
     year period beginning on the date such investment was 
     acquired by the taxpayer, the taxpayer's tax imposed by this 
     chapter for the taxable year in which such distribution 
     occurs shall be increased by the aggregate decrease in the 
     credits allowed under section 38 for all prior taxable years 
     which would have resulted solely from reducing to zero any 
     credit determined under this section with respect to such 
     investment.
       ``(B) Exceptions.--Subparagraph (A) shall not apply to any 
     gift, transfer, or transaction described in paragraph (1), 
     (2), or (3) of section 1245(b).
       ``(C) Special rule.--Any increase in tax under subparagraph 
     (A) shall not be treated as a tax imposed by this chapter for 
     purposes of--
       ``(i) determining the amount of any credit allowable under 
     this chapter, and
       ``(ii) determining the amount of the tax imposed by section 
     55.
       ``(6) Basis reduction.--For purposes of this title, the 
     basis of any District business investment shall be reduced by 
     the amount of the credit determined under this section with 
     respect to such investment.
       ``(d) Limitation on Amount of Credit.--
       ``(1) In general.--The amount of the DC investment credit 
     determined under this section with respect to any taxpayer 
     for any taxable year shall not exceed the credit amount 
     allocated to such taxpayer for such taxable year by the 
     Economic Development Corporation.
       ``(2) Overall limitation.--The aggregate credit amount 
     which may be allocated by the Economic Development 
     Corporation under this section shall not exceed $75,000,000.
       ``(3) Criteria for allocating credit amounts.--The 
     allocation of credit amounts under this section shall be made 
     in accordance with criteria established by the Economic 
     Development Corporation. In establishing such criteria, such 
     Corporation shall take into account--
       ``(A) the degree to which the business receiving the loan 
     or investment will provide job opportunities for low and 
     moderate income residents of a targeted area, and
       ``(B) whether such business is within a targeted area.
       ``(4) Targeted area.--For purposes of paragraph (3), the 
     term `targeted area' means--

[[Page S6526]]

       ``(A) any census tract located in the District of Columbia 
     which is part of an enterprise community designated under 
     subchapter U before the date of the enactment of this 
     subchapter, and
       ``(B) any other census tract which is located in the 
     District of Columbia and which has a poverty rate of not less 
     than 35 percent.
       ``(e) Economic Development Corporation.--For purposes of 
     this section, the term `Economic Development Corporation' 
     means an entity which is created by Federal law in 1997 as 
     part of the District of Columbia government.
       ``(f) Regulations.--The Secretary shall prescribe such 
     regulations as may be appropriate to carry out this section.
       ``(g) Application of Section.--This section shall apply to 
     any credit amount allocated for taxable years beginning after 
     December 31, 1997, and before January 1, 2003.

     ``SEC. 1400B. ZERO PERCENT CAPITAL GAINS RATE.

         ``(a) Exclusion.--Gross income shall not include 
     qualified capital gain from the sale or exchange of any DC 
     asset held for more than 5 years.
       ``(b) DC Asset.--For purposes of this section--
       ``(1) In general.--The term `DC asset' means--
       ``(A) any DC business stock,
       ``(B) any DC partnership interest, and
       ``(C) any DC business property.
       ``(2) DC business stock.--
       ``(A) In general.--The term `DC business stock' means any 
     stock in a domestic corporation which is originally issued 
     after December 31, 1997, if--
       ``(i) such stock is acquired by the taxpayer, before 
     January 1, 2003, at its original issue (directly or through 
     an underwriter) solely in exchange for cash,
       ``(ii) as of the time such stock was issued, such 
     corporation was a DC business (or, in the case of a new 
     corporation, such corporation was being organized for 
     purposes of being a DC business), and
       ``(iii) during substantially all of the taxpayer's holding 
     period for such stock, such corporation qualified as a DC 
     business.
       ``(B) Redemptions.--A rule similar to the rule of section 
     1202(c)(3) shall apply for purposes of this paragraph.
       ``(3) DC partnership interest.--The term `DC partnership 
     interest' means any capital or profits interest in a domestic 
     partnership which is originally issued after December 31, 
     1997, if--
       ``(A) such interest is acquired by the taxpayer, before 
     January 1, 2003, from the partnership solely in exchange for 
     cash,
       ``(B) as of the time such interest was acquired, such 
     partnership was a DC business (or, in the case of a new 
     partnership, such partnership was being organized for 
     purposes of being a DC business), and
       ``(C) during substantially all of the taxpayer's holding 
     period for such interest, such partnership qualified as a DC 
     business.
     A rule similar to the rule of paragraph (2)(B) shall apply 
     for purposes of this paragraph.
       ``(4) DC business property.--
       ``(A) In general.--The term `DC business property' means 
     tangible property if--
       ``(i) such property was acquired by the taxpayer by 
     purchase (as defined in section 179(d)(2)) after December 31, 
     1997, and before January 1, 2003,
       ``(ii) the original use of such property in the District of 
     Columbia commences with the taxpayer, and
       ``(iii) during substantially all of the taxpayer's holding 
     period for such property, substantially all of the use of 
     such property was in a DC business of the taxpayer.
       ``(B) Special rule for buildings which are substantially 
     improved.--
       ``(i) In general.--The requirements of clauses (i) and (ii) 
     of subparagraph (A) shall be treated as met with respect to--

       ``(I) property which is substantially improved by the 
     taxpayer before January 1, 2003, and
       ``(II) any land on which such property is located.

       ``(ii) Substantial improvement.--For purposes of clause 
     (i), property shall be treated as substantially improved by 
     the taxpayer only if, during any 24-month period beginning 
     after December 31, 1997, additions to basis with respect to 
     such property in the hands of the taxpayer exceed the greater 
     of--

       ``(I) an amount equal to the adjusted basis of such 
     property at the beginning of such 24-month period in the 
     hands of the taxpayer, or
       ``(II) $5,000.

       ``(6) Treatment of subsequent purchasers, etc.--The term 
     `DC asset' includes any property which would be a DC asset 
     but for paragraph (2)(A)(i), (3)(A), or (4)(A)(ii) in the 
     hands of the taxpayer if such property was a DC asset in the 
     hands of a prior holder.
       ``(7) 5-year safe harbor.--If any property ceases to be a 
     DC asset by reason of paragraph (2)(A)(iii), (3)(C), or 
     (4)(A)(iii) after the 5-year period beginning on the date the 
     taxpayer acquired such property, such property shall continue 
     to be treated as meeting the requirements of such paragraph; 
     except that the amount of gain to which subsection (a) 
     applies on any sale or exchange of such property shall not 
     exceed the amount which would be qualified capital gain had 
     such property been sold on the date of such cessation.
       ``(c) DC Business.--For purposes of this section, the term 
     `DC business' means any entity which is an enterprise zone 
     business (as defined in section 1397B), determined--
       ``(1) by treating the District of Columbia as an 
     empowerment zone and as if no other area is an empowerment 
     zone or enterprise community, and
       ``(2) without regard to subsections (b)(6) and (c)(5) of 
     section 1397B.
       ``(d) Other Definitions and Special Rules.--For purposes of 
     this section--
       ``(1) Qualified capital gain.--Except as otherwise provided 
     in this subsection, the term `qualified capital gain' means 
     any gain recognized on the sale or exchange of--
       ``(A) a capital asset, or
       ``(B) property used in the trade or business (as defined in 
     section 1231(b)).
       ``(2) Gain before 1998 not qualified.--The term `qualified 
     capital gain' shall not include any gain attributable to 
     periods before January 1, 1998.
       ``(3) Certain gain on real property not qualified.--The 
     term `qualified capital gain' shall not include any gain 
     which would be treated as ordinary income under section 1250 
     if section 1250 applied to all depreciation rather than the 
     additional depreciation.
       ``(4) Intangibles and land not integral part of dc 
     business.--The term `qualified capital gain' shall not 
     include any gain which is attributable to real property, or 
     an intangible asset, which is not an integral part of a DC 
     business.
       ``(5) Related party transactions.--The term `qualified 
     capital gain' shall not include any gain attributable, 
     directly or indirectly, in whole or in part, to a transaction 
     with a related person. For purposes of this paragraph, 
     persons are related to each other if such persons are 
     described in section 267(b) or 707(b)(1).
       ``(e) Certain Other Rules To Apply.--Rules similar to the 
     rules of subsections (g), (h), (i)(2), and (j) of section 
     1202 shall apply for purposes of this section.
       ``(f) Sales and Exchanges of Interests in Partnerships and 
     S Corporations Which Are DC Businesses.--In the case of the 
     sale or exchange of an interest in a partnership, or of stock 
     in an S corporation, which was a DC business during 
     substantially all of the period the taxpayer held such 
     interest or stock, the amount of qualified capital gain shall 
     be determined without regard to--
       ``(1) any gain which is attributable to real property, or 
     an intangible asset, which is not an integral part of a DC 
     business, and
       ``(2) any gain attributable to periods before January 1, 
     1998.''
       (b) Credits Made Part of General Business Credit.--
       (1) Subsection (b) of section 38 is amended by striking 
     ``plus'' at the end of paragraph (11), by striking the period 
     at the end of paragraph (12) and inserting ``, plus'', and by 
     adding at the end the following new paragraph:
       ``(13) the DC investment credit determined under section 
     1400A(a).''
       (2) Subsection (d) of section 39 is amended by adding at 
     the end the following new paragraph:
       ``(8) No carryback of dc credits before effective date.--No 
     portion of the unused business credit for any taxable year 
     which is attributable to the credit under section 1400A may 
     be carried back to a taxable year ending before the date of 
     the enactment of such section.''
       (3) Subsection (c) of section 196 is amended by striking 
     ``and'' at the end of paragraph (6), by striking the period 
     at the end of paragraph (7) and inserting ``, and'', and by 
     adding at the end the following new paragraph:
       ``(8) the DC investment credit determined under section 
     1400A(a).''
       (c) Clerical Amendment.--The table of subchapters for 
     chapter 1 is amended by adding at the end the following new 
     item:

``Subchapter W. Incentives for the Revitalization of the District of 
              Columbia.''

       (d) Effective Date.--This section shall take effect on the 
     date of the enactment of this Act.

     SEC. 602. INCENTIVES CONDITIONED ON OTHER DC REFORM.

       The amendments made by section 601 shall not take effect 
     unless an entity known as the Economic Development 
     Corporation is created by Federal law in 1997 as part of the 
     District of Columbia government.
                  TITLE VII--MISCELLANEOUS PROVISIONS
           Subtitle A--Distressed Communities and Brownfields

                CHAPTER 1--ADDITIONAL EMPOWERMENT ZONES

     SEC. 701. ADDITIONAL EMPOWERMENT ZONES.

       (a) In General.--Paragraph (2) of section 1391(b) (relating 
     to designations of empowerment zones and enterprise 
     communities) is amended--
       (1) by striking ``9'' and inserting ``11'',
       (2) by striking ``6'' and inserting ``8'', and
       (3) by striking ``750,000'' and inserting ``1,000,000''.
       (b) Effective Date.--The amendments made by this section 
     shall take effect on the date of the enactment of this Act, 
     except that designations of new empowerment zones made 
     pursuant to such amendments shall be made during the 180-day 
     period beginning on the date of the enactment of this Act.

      CHAPTER 2--NEW EMPOWERMENT ZONES AND ENTERPRISE COMMUNITIES

     SEC. 711. DESIGNATION OF ADDITIONAL EMPOWERMENT ZONES AND 
                   ENTERPRISE COMMUNITIES.

       (a) In General.--Section 1391 (relating to designation 
     procedure for empowerment

[[Page S6527]]

     zones and enterprise communities) is amended by adding at the 
     end the following new subsection:
       ``(g) Additional Designations Permitted.--
       ``(1) In general.--In addition to the areas designated 
     under subsection (a)--
       ``(A) Enterprise communities.--The appropriate Secretaries 
     may designate in the aggregate an additional 80 nominated 
     areas as enterprise communities under this section, subject 
     to the availability of eligible nominated areas. Of that 
     number, not more than 50 may be designated in urban areas and 
     not more than 30 may be designated in rural areas.
       ``(B) Empowerment zones.--The appropriate Secretaries may 
     designate in the aggregate an additional 20 nominated areas 
     as empowerment zones under this section, subject to the 
     availability of eligible nominated areas. Of that number, not 
     more than 15 may be designated in urban areas and not more 
     than 5 may be designated in rural areas.
       ``(2) Period designations may be made.--A designation may 
     be made under this subsection after the date of the enactment 
     of this subsection and before January 1, 1999.
       ``(3) Modifications to eligibility criteria, etc.--
       ``(A) Poverty rate requirement.--
       ``(i) In general.--A nominated area shall be eligible for 
     designation under this subsection only if the poverty rate 
     for each population census tract within the nominated area is 
     not less than 20 percent and the poverty rate for at least 90 
     percent of the population census tracts within the nominated 
     area is not less than 25 percent.
       ``(ii) Treatment of census tracts with small populations.--
     A population census tract with a population of less than 
     2,000 shall be treated as having a poverty rate of not less 
     than 25 percent if--

       ``(I) more than 75 percent of such tract is zoned for 
     commercial or industrial use, and
       ``(II) such tract is contiguous to 1 or more other 
     population census tracts which have a poverty rate of not 
     less than 25 percent (determined without regard to this 
     clause).

       ``(iii) Exception for developable sites.--Clause (i) shall 
     not apply to up to 3 noncontiguous parcels in a nominated 
     area which may be developed for commercial or industrial 
     purposes. The aggregate area of noncontiguous parcels to 
     which the preceding sentence applies with respect to any 
     nominated area shall not exceed 1,000 acres (2,000 acres in 
     the case of an empowerment zone).
       ``(iv) Certain provisions not to apply.--Section 1392(a)(4) 
     (and so much of paragraphs (1) and (2) of section 1392(b) as 
     relate to section 1392(a)(4)) shall not apply to an area 
     nominated for designation under this subsection.
       ``(v) Special rule for rural empowerment zones and 
     enterprise communities.--The Secretary of Agriculture may 
     designate not more than 1 empowerment zone, and not more than 
     5 enterprise communities, in rural areas without regard to 
     clause (i) if such areas satisfy emigration criteria 
     specified by the Secretary of Agriculture.
       ``(B) Size limitation.--
       ``(i) In general.--The parcels described in subparagraph 
     (A)(iii) shall not be taken into account in determining 
     whether the requirement of subparagraph (A) or (B) of section 
     1392(a)(3) is met.
       ``(ii) Special rule for rural areas.--If a population 
     census tract (or equivalent division under section 
     1392(b)(4)) in a rural area exceeds 1,000 square miles or 
     includes a substantial amount of land owned by the Federal, 
     State, or local government, the nominated area may exclude 
     such excess square mileage or governmentally owned land and 
     the exclusion of that area will not be treated as violating 
     the continuous boundary requirement of section 1392(a)(3)(B).
       ``(C) Aggregate population limitation.--The aggregate 
     population limitation under the last sentence of subsection 
     (b)(2) shall not apply to a designation under paragraph 
     (1)(B).
       ``(D) Previously designated enterprise communities may be 
     included.--Subsection (e)(5) shall not apply to any 
     enterprise community designated under subsection (a) that is 
     also nominated for designation under this subsection.
       ``(E) Indian reservations may be nominated.--
       ``(i) In general.--Section 1393(a)(4) shall not apply to an 
     area nominated for designation under this subsection.
       ``(ii) Special rule.--An area in an Indian reservation 
     shall be treated as nominated by a State and a local 
     government if it is nominated by the reservation governing 
     body (as determined by the Secretary of Interior).''
       (b) Employment Credit Not To Apply to New Empowerment 
     Zones.--Section 1396 (relating to empowerment zone employment 
     credit) is amended by adding at the end the following new 
     subsection:
       ``(e) Credit Not To Apply to Empowerment Zones Designated 
     Under Section 1391(g).--This section shall be applied without 
     regard to any empowerment zone designated under section 
     1391(g).''
       (c) Increased Expensing Under Section 179 Not To Apply in 
     Developable Sites.--Section 1397A (relating to increase in 
     expensing under section 179) is amended by adding at the end 
     the following new subsection:
       ``(c) Limitation.--For purposes of this section, qualified 
     zone property shall not include any property substantially 
     all of the use of which is in any parcel described in section 
     1391(g)(3)(A)(iii).''
       (d) Conforming Amendments.--
       (1) Subsections (e) and (f) of section 1391 are each 
     amended by striking ``subsection (a)'' and inserting ``this 
     section''.
       (2) Section 1391(c) is amended by striking ``this section'' 
     and inserting ``subsection (a)''.

     SEC. 712. VOLUME CAP NOT TO APPLY TO ENTERPRISE ZONE FACILITY 
                   BONDS WITH RESPECT TO NEW EMPOWERMENT ZONES.

       (a) In General.--Section 1394 (relating to tax-exempt 
     enterprise zone facility bonds) is amended by adding at the 
     end the following new subsection:
       ``(f) Bonds for Empowerment Zones Designated Under Section 
     1391(g).--
       ``(1) In general.--In the case of a new empowerment zone 
     facility bond--
       ``(A) such bond shall not be treated as a private activity 
     bond for purposes of section 146, and
       ``(B) subsection (c) of this section shall not apply.
       ``(2) Limitation on amount of bonds.--
       ``(A) In general.--Paragraph (1) shall apply to a new 
     empowerment zone facility bond only if such bond is 
     designated for purposes of this subsection by the local 
     government which nominated the area to which such bond 
     relates.
       ``(B) Limitation on bonds designated.--The aggregate face 
     amount of bonds which may be designated under subparagraph 
     (A) with respect to any empowerment zone shall not exceed--
       ``(i) $60,000,000 if such zone is in a rural area,
       ``(ii) $130,000,000 if such zone is in an urban area and 
     the zone has a population of less than 100,000, and
       ``(iii) $230,000,000 if such zone is in an urban area and 
     the zone has a population of at least 100,000.
       ``(C) Special rules.--
       ``(i) Coordination with limitation in subsection (c).--
     Bonds to which paragraph (1) applies shall not be taken into 
     account in applying the limitation of subsection (c) to other 
     bonds.
       ``(ii) Current refunding not taken into account.--In the 
     case of a refunding (or series of refundings) of a bond 
     designated under this paragraph, the refunding obligation 
     shall be treated as designated under this paragraph (and 
     shall not be taken into account in applying subparagraph (B)) 
     if--

       ``(I) the amount of the refunding bond does not exceed the 
     outstanding amount of the refunded bond, and
       ``(II) the refunded bond is redeemed not later than 90 days 
     after the date of issuance of the refunding bond.

       ``(3) New empowerment zone facility bond.--For purposes of 
     this subsection, the term `new empowerment zone facility 
     bond' means any bond which would be described in subsection 
     (a) if only empowerment zones designated under section 
     1391(g) were taken into account under sections 1397B and 
     1397C.''
       (b) Effective Date.--The amendment made by this section 
     shall apply to obligations issued after the date of the 
     enactment of this Act.

     SEC. 713. MODIFICATIONS TO ENTERPRISE ZONE FACILITY BOND 
                   RULES FOR ALL EMPOWERMENT ZONES AND ENTERPRISE 
                   COMMUNITIES.

       (a) Modifications Relating to Enterprise Zone Business.--
     Paragraph (3) of section 1394(b) (defining enterprise zone 
     business) is amended to read as follows:
       ``(3) Enterprise zone business.--
       ``(A) In general.--Except as modified in this paragraph, 
     the term `enterprise zone business' has the meaning given 
     such term by section 1397B.
       ``(B) Modifications.--In applying section 1397B for 
     purposes of this section--
       ``(i) Businesses in enterprise communities eligible.--
     References in section 1397B to empowerment zones shall be 
     treated as including references to enterprise communities.
       ``(ii) Waiver of requirements during startup period.--A 
     business shall not fail to be treated as an enterprise zone 
     business during the startup period if--

       ``(I) as of the beginning of the startup period, it is 
     reasonably expected that such business will be an enterprise 
     zone business (as defined in section 1397B as modified by 
     this paragraph) at the end of such period, and
       ``(II) such business makes bona fide efforts to be such a 
     business.

       ``(iii) Reduced requirements after testing period.--A 
     business shall not fail to be treated as an enterprise zone 
     business for any taxable year beginning after the testing 
     period by reason of failing to meet any requirement of 
     subsection (b) or (c) of section 1397B if at least 35 percent 
     of the employees of such business for such year are residents 
     of an empowerment zone or an enterprise community. The 
     preceding sentence shall not apply to any business which is 
     not a qualified business by reason of paragraph (1), (4), or 
     (5) of section 1397B(d).
       ``(C) Definitions relating to subparagraph (b).--For 
     purposes of subparagraph (B)--
       ``(i) Startup period.--The term `startup period' means, 
     with respect to any property being provided for any business, 
     the period before the first taxable year beginning more than 
     2 years after the later of--

[[Page S6528]]

       ``(I) the date of issuance of the issue providing such 
     property, or
       ``(II) the date such property is first placed in service 
     after such issuance (or, if earlier, the date which is 3 
     years after the date described in subclause (I)).

       ``(ii) Testing period.--The term `testing period' means the 
     first 3 taxable years beginning after the startup period.
       ``(D) Portions of business may be enterprise zone 
     business.--The term `enterprise zone business' includes any 
     trades or businesses which would qualify as an enterprise 
     zone business (determined after the modifications of 
     subparagraph (B)) if such trades or businesses were 
     separately incorporated.''
       (b) Modifications Relating to Qualified Zone Property.--
     Paragraph (2) of section 1394(b) (defining qualified zone 
     property) is amended to read as follows:
       ``(2) Qualified zone property.--The term `qualified zone 
     property' has the meaning given such term by section 1397C; 
     except that--
       ``(A) the references to empowerment zones shall be treated 
     as including references to enterprise communities, and
       ``(B) section 1397C(a)(2) shall be applied by substituting 
     `an amount equal to 15 percent of the adjusted basis' for `an 
     amount equal to the adjusted basis'.''
       (c) Effective Date.--The amendments made by this section 
     shall apply to obligations issued after the date of the 
     enactment of this Act.

     SEC. 714. MODIFICATIONS TO ENTERPRISE ZONE BUSINESS 
                   DEFINITION FOR ALL EMPOWERMENT ZONES AND 
                   ENTERPRISE COMMUNITIES.

       (a) In General.--Section 1397B (defining enterprise zone 
     business) is amended--
       (1) by striking ``80 percent'' in subsections (b)(2) and 
     (c)(1) and inserting ``50 percent'',
       (2) by striking ``substantially all'' each place it appears 
     in subsections (b) and (c) and inserting ``a substantial 
     portion'',
       (3) by striking ``, and exclusively related to,'' in 
     subsections (b)(4) and (c)(3),
       (4) by adding at the end of subsection (d)(2) the following 
     new flush sentence:
     ``For purposes of subparagraph (B), the lessor of the 
     property may rely on a lessee's certification that such 
     lessee is an enterprise zone business.'',
       (5) by striking ``substantially all'' in subsection (d)(3) 
     and inserting ``at least 50 percent'', and
       (6) by adding at the end the following new subsection:
       ``(f) Treatment of Businesses Straddling Census Tract 
     Lines.--For purposes of this section, if--
       ``(1) a business entity or proprietorship uses real 
     property located within an empowerment zone,
       ``(2) the business entity or proprietorship also uses real 
     property located outside the empowerment zone,
       ``(3) the amount of real property described in paragraph 
     (1) is substantial compared to the amount of real property 
     described in paragraph (2), and
       ``(4) the real property described in paragraph (2) is 
     contiguous to part or all of the real property described in 
     paragraph (1),

     then all the services performed by employees, all business 
     activities, all tangible property, and all intangible 
     property of the business entity or proprietorship that occur 
     in or is located on the real property described in paragraphs 
     (1) and (2) shall be treated as occurring or situated in an 
     empowerment zone.''
       (b) Effective Dates.--
       (1) In general.--The amendments made by this section shall 
     apply to taxable years beginning on or after the date of the 
     enactment of this Act.
       (2) Special rule for enterprise zone facility bonds.--For 
     purposes of section 1394(b) of the Internal Revenue Code of 
     1986, the amendments made by this section shall apply to 
     obligations issued after the date of the enactment of this 
     Act.

        CHAPTER 3--EXPENSING OF ENVIRONMENTAL REMEDIATION COSTS

     SEC. 721. EXPENSING OF ENVIRONMENTAL REMEDIATION COSTS.

       (a) In General.--Part VI of subchapter B of chapter 1 is 
     amended by adding at the end the following new section:

     ``SEC. 198. EXPENSING OF ENVIRONMENTAL REMEDIATION COSTS.

       ``(a) In General.--A taxpayer may elect to treat any 
     qualified environmental remediation expenditure which is paid 
     or incurred by the taxpayer as an expense which is not 
     chargeable to capital account. Any expenditure which is so 
     treated shall be allowed as a deduction for the taxable year 
     in which it is paid or incurred.
       ``(b) Qualified Environmental Remediation Expenditure.--For 
     purposes of this section--
       ``(1) In general.--The term `qualified environmental 
     remediation expenditure' means any expenditure--
       ``(A) which is otherwise chargeable to capital account, and
       ``(B) which is paid or incurred in connection with the 
     abatement or control of hazardous substances at a qualified 
     contaminated site.
       ``(2) Special rule for expenditures for depreciable 
     property.--Such term shall not include any expenditure for 
     the acquisition of property of a character subject to the 
     allowance for depreciation which is used in connection with 
     the abatement or control of hazardous substances at a 
     qualified contaminated site; except that the portion of the 
     allowance under section 167 for such property which is 
     otherwise allocated to such site shall be treated as a 
     qualified environmental remediation expenditure.
       ``(c) Qualified Contaminated Site.--For purposes of this 
     section--
       ``(1) Qualified contaminated site.--
       ``(A) In general.--The term `qualified contaminated site' 
     means any area--
       ``(i) which is held by the taxpayer for use in a trade or 
     business or for the production of income, or which is 
     property described in section 1221(1) in the hands of the 
     taxpayer,
       ``(ii) which is within a targeted area, and
       ``(iii) which contains (or potentially contains) any 
     hazardous substance.
       ``(B) Taxpayer must receive statement from state 
     environmental agency.--An area shall be treated as a 
     qualified contaminated site with respect to expenditures paid 
     or incurred during any taxable year only if the taxpayer 
     receives a statement from the appropriate agency of the State 
     in which such area is located that such area meets the 
     requirements of clauses (ii) and (iii) of subparagraph (A).
       ``(C) Appropriate state agency.-- For purposes of 
     subparagraph (B), the appropriate agency of a State is the 
     agency designated by the Administrator of the Environmental 
     Protection Agency for purposes of this section. If no agency 
     of a State is designated under the preceding sentence, the 
     appropriate agency for such State shall be the Environmental 
     Protection Agency.
       ``(2) Targeted area.--
       ``(A) In general.--The term `targeted area' means--
       ``(i) any population census tract with a poverty rate of 
     not less than 20 percent,
       ``(ii) a population census tract with a population of less 
     than 2,000 if--

       ``(I) more than 75 percent of such tract is zoned for 
     commercial or industrial use, and
       ``(II) such tract is contiguous to 1 or more other 
     population census tracts which meet the requirement of clause 
     (i) without regard to this clause,

       ``(iii) any empowerment zone or enterprise community (and 
     any supplemental zone designated on December 21, 1994), and
       ``(iv) any site announced before February 1, 1997, as being 
     included as a brownfields pilot project of the Environmental 
     Protection Agency.
       ``(B) National priorities listed sites not included.--Such 
     term shall not include any site which is on the national 
     priorities list under section 105(a)(8)(B) of the 
     Comprehensive Environmental Response, Compensation, and 
     Liability Act of 1980 (as in effect on the date of the 
     enactment of this section).
       ``(C) Certain rules to apply.--For purposes of this 
     paragraph, the rules of sections 1392(b)(4) and 1393(a)(9) 
     shall apply.
       ``(D) Treatment of certain sites.--For purposes of this 
     paragraph, a single contaminated site shall be treated as 
     within a targeted area if--
       ``(i) a substantial portion of the site is located within a 
     targeted area described in subparagraph (A) (determined 
     without regard to this subparagraph), and
       ``(ii) the remaining portions are contiguous to, but 
     outside, such targeted area.
       ``(d) Hazardous Substance.--For purposes of this section--
       ``(1) In general.--The term `hazardous substance' means--
       ``(A) any substance which is a hazardous substance as 
     defined in section 101(14) of the Comprehensive Environmental 
     Response, Compensation, and Liability Act of 1980, and
       ``(B) any substance which is designated as a hazardous 
     substance under section 102 of such Act.
       ``(2) Exception.--Such term shall not include any substance 
     with respect to which a removal or remedial action is not 
     permitted under section 104 of such Act by reason of 
     subsection (a)(3) thereof.
       ``(e) Deduction Recaptured as Ordinary Income on Sale, 
     Etc.--Solely for purposes of section 1245, in the case of 
     property to which a qualified environmental remediation 
     expenditure would have been capitalized but for this 
     section--
       ``(1) the deduction allowed by this section for such 
     expenditure shall be treated as a deduction for depreciation, 
     and
       ``(2) such property (if not otherwise section 1245 
     property) shall be treated as section 1245 property solely 
     for purposes of applying section 1245 to such deduction.
       ``(f) Coordination With Other Provisions.--Sections 280B 
     and 468 shall not apply to amounts which are treated as 
     expenses under this section.
       ``(g) Regulations.--The Secretary shall prescribe such 
     regulations as may be necessary or appropriate to carry out 
     the purposes of this section.''
       (b) Clerical Amendment.--The table of sections for part VI 
     of subchapter B of chapter 1 is amended by adding at the end 
     the following new item:

``Sec. 198. Expensing of environmental remediation costs.''

       (c) Effective Date.--The amendments made by this section 
     shall apply to expenditures paid or incurred after the date 
     of the enactment of this Act, in taxable years ending after 
     such date.
      Subtitle B--Puerto Rico Economic Activity Credit Improvement

     SEC. 731. MODIFICATIONS OF PUERTO RICO ECONOMIC ACTIVITY 
                   CREDIT.

       (a) Corporations Eligible To Claim Credit.--Section 
     30A(a)(2) (defining qualified domestic corporation) is 
     amended to read as follows:

[[Page S6529]]

       ``(2) Qualified domestic corporation.--For purposes of 
     paragraph (1)--
       ``(A) In general.--A domestic corporation shall be treated 
     as a qualified domestic corporation for a taxable year if it 
     is actively conducting within Puerto Rico during the taxable 
     year--
       ``(i) a line of business with respect to which the domestic 
     corporation is an existing credit claimant under section 
     936(j)(9), or
       ``(ii) an eligible line of business not described in clause 
     (i).
       ``(B) Limitation to lines of business.--A domestic 
     corporation shall be treated as a qualified domestic 
     corporation under subparagraph (A) only with respect to the 
     lines of business described in subparagraph (A) which it is 
     actively conducting in Puerto Rico during the taxable year.
       ``(C) Exception for corporations electing reduced credit.--
     A domestic corporation shall not be treated as a qualified 
     corporation if such corporation (or any predecessor) had an 
     election in effect under section 936(a)(4)(B)(iii) for any 
     taxable year beginning after December 31, 1996.''
       (b) Application on Separate Line of Business Basis; 
     Eligible Line of Business.--Section 30A is amended by 
     redesignating subsection (g) as subsection (h) and by 
     inserting after subsection (f) the following new subsection:
       ``(g) Application on Line of Business Basis; Eligible Lines 
     of Business.--For purposes of this section--
       ``(1) Application to separate line of business.--
       ``(A) In general.--In determining the amount of the credit 
     under subsection (a), this section shall be applied 
     separately with respect to each substantial line of business 
     of the qualified domestic corporation.
       ``(B) Exceptions for existing credit claimant.--This 
     paragraph shall not apply to a substantial line of business 
     with respect to which the qualified domestic corporation is 
     an existing credit claimant under section 936(j)(9).
       ``(C) Allocation.--The Secretary shall prescribe rules 
     necessary to carry out the purposes of this paragraph, 
     including rules--
       ``(i) for the allocation of items of income, gain, 
     deduction, and loss for purposes of determining taxable 
     income under subsection (a), and
       ``(ii) for the allocation of wages, fringe benefit 
     expenses, and depreciation allowances for purposes of 
     applying the limitations under subsection (d).
       ``(2) Eligible line of business.--The term `eligible line 
     of business' means a substantial line of business in any of 
     the following trades or businesses:
       ``(A) Manufacturing.
       ``(B) Agriculture.
       ``(C) Forestry.
       ``(D) Fishing.
       ``(3) Substantial line of business.--For purposes of this 
     subsection, the determination of whether a line of business 
     is a substantial line of business shall be determined by 
     reference to 2-digit codes under the North American Industry 
     Classification System (62 Fed. Reg. 17288 et seq., formerly 
     known as `SIC codes').''
       (c) Repeal of Base Period Cap.--
       (1) In general.--Section 30A(a)(1) (relating to allowance 
     of credit) is amended by striking the last sentence.
       (2) Conforming amendment.--Section 30A(e)(1) is amended by 
     inserting ``but not including subsection (j)(3)(A)(ii) 
     thereof'' after ``thereunder''.
       (d) Application of Credit.--Section 30A(h) (relating to 
     applicability of section), as redesignated by subsection (b), 
     is amended to read as follows:
       ``(h) Application of Section.--
       ``(1) In general.--This section shall apply to taxable 
     years beginning after December 31, 1995, and before the 
     termination date.
       ``(2) Termination date.--For purposes of paragraph (1)--
       ``(A) In general.--The termination date is the first day of 
     the 4th calendar year following the close of the first period 
     for which a certification is issued by the Secretary under 
     subparagraph (B).
       ``(B) Certification.--
       ``(i) In general.--The Secretary shall issue a 
     certification under this subparagraph for the first 3-
     consecutive calendar year period beginning after December 31, 
     1997, for which the Secretary determines that Puerto Rico has 
     met the requirements of clause (ii) for each calendar year 
     within the period.
       ``(ii) Requirements.--The requirements of this clause are 
     met with respect to Puerto Rico for any calendar year if--

       ``(I) the average monthly rate of unemployment in Puerto 
     Rico does not exceed 150 percent of the average monthly rate 
     of unemployment for the United States for such year,
       ``(II) the per capita income of Puerto Rico is at least 66 
     percent of the per capita income of the United States, and
       ``(III) the poverty level within Puerto Rico does not 
     exceed 30 percent.''

       (e) Conforming Amendments.--
       (1) Section 30A(b) is amended by striking ``within a 
     possession'' each place it appears and inserting ``within 
     Puerto Rico''.
       (2) Section 30A(d) is amended by striking ``possession'' 
     each place it appears.
       (3) Section 30A(f) is amended to read as follows:
       ``(f) Definitions.--For purposes of this section--
       ``(1) Qualified income taxes.--The qualified income taxes 
     for any taxable year allocable to nonsheltered income shall 
     be determined in the same manner as under section 936(i)(3).
       ``(2) Qualified wages.--The qualified wages for any taxable 
     year shall be determined in the same manner as under section 
     936(i)(1).
       ``(3) Other terms.--Any term used in this section which is 
     also used in section 936 shall have the same meaning given 
     such term by section 936.''
       (f) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after December 31, 
     1997.

     SEC. 732. COMPARABLE TREATMENT FOR OTHER ECONOMIC ACTIVITY 
                   CREDIT.

       (a) Corporations Eligible To Claim Credit.--Section 
     936(j)(2)(A) (relating to economic activity credit) is 
     amended to read as follows:
       ``(A) Economic activity credit.--
       ``(i) In general.--In the case of a domestic corporation 
     which, during the taxable year, is actively conducting within 
     a possession other than Puerto Rico--

       ``(I) a line of business with respect to which the domestic 
     corporation is an existing credit claimant under paragraph 
     (9), or
       ``(II) an eligible line of business not described in 
     subclause (I),

     the credit determined under subsection (a)(1)(A) shall be 
     allowed for taxable years beginning after December 31, 1995, 
     and before January 1, 2002.
       ``(ii) Limitation to lines of business.--Clause (i) shall 
     only apply with respect to the lines of business described in 
     clause (i) which the domestic corporation is actively 
     conducting in a possession other than Puerto Rico during the 
     taxable year.
       ``(iii) Exception for corporations electing reduced 
     credit.--Clause (i) shall not apply to a domestic corporation 
     if such corporation (or any predecessor) had an election in 
     effect under subsection (a)(4)(B)(iii) for any taxable year 
     beginning after December 31, 1996.''
       (b) Application on Separate Line of Business Basis; 
     Eligible Line of Business.--
       (1) In general.--Section 936(j) is amended by adding at the 
     end the following new paragraph:
       ``(11) Application on line of business basis; eligible 
     lines of business.--For purposes of this section--
       ``(A) Application to separate line of business.--
       ``(i) In general.--In determining the amount of the credit 
     under subsection (a)(1)(A) for a corporation to which 
     paragraph (2)(A) applies, this section shall be applied 
     separately with respect to each substantial line of business 
     of the corporation.
       ``(ii) Exceptions for existing credit claimant.--This 
     paragraph shall not apply to a line of business with respect 
     to which the qualified domestic corporation is an existing 
     credit claimant under paragraph (9).
       ``(iii) Allocation.--The Secretary shall prescribe rules 
     necessary to carry out the purposes of this subparagraph, 
     including rules--

       ``(I) for the allocation of items of income, gain, 
     deduction, and loss for purposes of determining taxable 
     income under subsection (a)(1)(A), and
       ``(II) for the allocation of wages, fringe benefit 
     expenses, and depreciation allowances for purposes of 
     applying the limitations under subsection (a)(4)(A).

       ``(B) Eligible line of business.--For purposes of this 
     subsection, the term `eligible line of business' means a 
     substantial line of business in any of the following trades 
     or businesses:
       ``(i) Manufacturing.
       ``(ii) Agriculture.
       ``(iii) Forestry.
       ``(iv) Fishing.''
       (2) New lines of business.--Section 936(j)(9)(B) is amended 
     to read as follows:
       ``(B) New lines of business.--A corporation shall not be 
     treated as an existing credit claimant with respect to any 
     substantial new line of business which is added after October 
     13, 1995, unless such addition is pursuant to an acquisition 
     described in subparagraph (A)(ii).''
       (3) Separate lines of business.--Section 936(j), as amended 
     by paragraph (1), is amended by adding at the end the 
     following new paragraph:
       ``(12) Substantial line of business.--For purposes of this 
     subsection (other than paragraph (9)(B) thereof), the 
     determination of whether a line of business is a substantial 
     line of business shall be determined by reference to 2-digit 
     codes under the North American Industry Classification System 
     (62 Fed. Reg. 17288 et seq., formerly known as `SIC 
     codes').''
       (c) Repeal of Base Period Cap for Economic Activity 
     Credit.--
       (1) In general.--Section 936(j)(3) is amended to read as 
     follows:
       ``(3) Additional restricted reduced credit.--
       ``(A) In general.--In the case of an existing credit 
     claimant to which paragraph (2)(B) applies, the credit 
     determined under subsection (a)(1)(A) shall be allowed for 
     any taxable year beginning after December 31, 1997, and 
     before January 1, 2006, except that the aggregate amount of 
     taxable income taken into account under subsection (a)(1)(A) 
     for such taxable year shall not exceed the adjusted base 
     period income of such claimant.
       ``(B) Coordination with subsection (a)(4)(B).--The amount 
     of income described in subsection (a)(1)(A) which is taken 
     into account in applying subsection (a)(4)(B) shall

[[Page S6530]]

     be such income as reduced under this paragraph.''
       (2) Conforming amendment.--Section 936(j)(2)(A), as amended 
     by subsection (a), is amended by striking ``2002'' and 
     inserting ``2006''.
       (d) Application of Credit.--
       (1) In general.--Section 936(j)(2)(A), as amended by this 
     section, is amended by striking ``January 1, 2006'' and 
     inserting ``the termination date''.
       (2) Special rules for applicable possessions.--Section 
     936(j)(8)(A) is amended to read as follows:
       ``(A) In general.--In the case of an applicable 
     possession--
       ``(i) this section (other than the preceding paragraphs of 
     this subsection) shall not apply for taxable years beginning 
     after December 31, 1995, and before January 1, 2006, with 
     respect to any substantial line of business actively 
     conducted in such possession by a domestic corporation which 
     is an existing credit claimant with respect to such line of 
     business, and
       ``(ii) this section (including this subsection) shall 
     apply--

       ``(I) with respect to any substantial line of business not 
     described in clause (i) for taxable years beginning after 
     December 31, 1997, and before the termination date, and
       ``(II) with respect to any substantial line of business 
     described in clause (i) for taxable years beginning after 
     December 31, 2006, and before the termination date.''

       (3) Termination date.--Section 936(j), as amended by 
     subsection (b), is amended by adding at the end the following 
     new paragraph.
       ``(13) Termination date.--For purposes of this subsection--
       ``(A) In general.--The termination date for any possession 
     other than Puerto Rico is the first day of the 4th calendar 
     year following the close of the first period for which a 
     certification is issued by the Secretary under subparagraph 
     (B).
       ``(B) Certification.--
       ``(i) In general.--The Secretary shall issue a 
     certification for a possession under this subparagraph for 
     the first 3-consecutive calendar year period beginning after 
     December 31, 1997, for which the Secretary determines that 
     the possession has met the requirements of clause (ii) for 
     each calendar year within the period.
       ``(ii) Requirements.--The requirements of this clause are 
     met with respect to a possession for any calendar year if--

       ``(I) the average monthly rate of unemployment in the 
     possession does not exceed 150 percent of the average monthly 
     rate of unemployment for the United States for such year,
       ``(II) the per capita income of the possession is at least 
     66 percent of the per capita income of the United States, and
       ``(III) the poverty level within the possession does not 
     exceed 30 percent.''

       (e) Effective Dates.--
       (1) In general.--The amendments made by this section shall 
     apply to taxable years beginning after December 31, 1997.
       (2) New lines of business.--The amendment made by 
     subsection (b)(2) shall apply to taxable years beginning 
     after December 31, 1995.
              Subtitle C--Revisions Relating to Disasters

     SEC. 741. TREATMENT OF LIVESTOCK SOLD ON ACCOUNT OF WEATHER-
                   RELATED CONDITIONS.

       (a) Deferral of Income Inclusion.--Subsection (e) of 
     section 451 (relating to special rules for proceeds from 
     livestock sold on account of drought) is amended--
       (1) by striking ``drought conditions, and that these 
     drought conditions'' in paragraph (1) and inserting 
     ``drought, flood, or other weather-related conditions, and 
     that such conditions''; and
       (2) by inserting ``, Flood, or Other Weather-Related 
     Conditions'' after ``Drought'' in the subsection heading.
       (b) Involuntary Conversions.--Subsection (e) of section 
     1033 (relating to livestock sold on account of drought) is 
     amended--
       (1) by inserting ``, flood, or other weather-related 
     conditions'' before the period at the end thereof; and
       (2) by inserting ``, Flood, or Other Weather-Related 
     Conditions'' after ``Drought'' in the subsection heading.
       (c) Effective Date.--The amendments made by this section 
     shall apply to sales and exchanges after December 31, 1996.

     SEC. 742. GAIN OR LOSS FROM SALE OF LIVESTOCK DISREGARDED FOR 
                   PURPOSES OF EARNED INCOME CREDIT.

       (a) In General.--Section 32(i)(2)(D) (relating to 
     disqualified income) is amended by inserting ``determined 
     without regard to gain or loss from the sale of livestock 
     described in section 1231(b)(3),'' after ``taxable year,''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to taxable years beginning after December 31, 
     1995.

     SEC. 743. MORTGAGE FINANCING FOR RESIDENCES LOCATED IN 
                   DISASTER AREAS.

       Subsection (k) of section 143 (relating to mortgage revenue 
     bonds; qualified mortgage bond and qualified veteran's 
     mortgage bond) is amended by adding at the end the following 
     new paragraph:
       ``(11) Special rules for residences located in disaster 
     areas.--In the case of a residence located in an area 
     determined by the President to warrant assistance from the 
     Federal Government under the Disaster Relief and Emergency 
     Assistance Act (as in effect on the date of the enactment of 
     the Revenue Reconciliation Act of 1997), this section shall 
     be applied with the following modifications to financing 
     provided with respect to such residence within 1 year after 
     the date of the disaster declaration:
       ``(A) Subsection (d) (relating to 3-year requirement) shall 
     not apply.
       ``(B) Subsections (e) and (f) (relating to purchase price 
     requirement and income requirement) shall be applied as if 
     such residence were a targeted area residence.

     The preceding sentence shall apply only with respect to bonds 
     issued after December 31, 1996, and before January 1, 1999.''
          Subtitle D--Provisions Relating to Small Businesses

     SEC. 751. WAIVER OF PENALTY THROUGH JUNE 30, 1998, ON SMALL 
                   BUSINESSES FAILING TO MAKE ELECTRONIC FUND 
                   TRANSFERS OF TAXES.

       No penalty shall be imposed under the Internal Revenue Code 
     of 1986 solely by reason of a failure by a person to use the 
     electronic fund transfer system established under section 
     6302(h) of such Code if--
       (1) such person is a member of a class of taxpayers first 
     required to use such system on or after July 1, 1997, and
       (2) such failure occurs before July 1, 1998.

     SEC. 752. MINIMUM TAX NOT TO APPLY TO FARMERS' INSTALLMENT 
                   SALES.

       (a) In General.--Subsection (a) of section 56 is amended by 
     striking paragraph (6) (relating to treatment of installment 
     sales).
       (b) Effective Dates.--
       (1) In general.--The amendment made by this section shall 
     apply to dispositions in taxable years beginning after 
     December 31, 1987.
       (2) Special rule for 1987.--In the case of taxable years 
     beginning in 1987, the last sentence of section 56(a)(6) of 
     the Internal Revenue Code of 1986 (as in effect for such 
     taxable years) shall be applied by inserting ``or in the case 
     of a taxpayer using the cash receipts and disbursements 
     method of accounting, any disposition described in section 
     453C(e)(1)(B)(ii)'' after ``section 453C(e)(4)''.
    Subtitle E--Provisions Relating to Pensions and Fringe Benefits

     SEC. 761. TREATMENT OF MULTIEMPLOYER PLANS UNDER SECTION 415.

       (a) In General.--Section 415(b)(11) is amended--
       (1) by inserting ``or a multiemployer plan (as defined in 
     section 414(f))'' after ``section 414(d))'', and
       (2) by inserting ``and multiemployer'' after 
     ``governmental'' in the heading thereof.
       (b) Effective Date.--The amendments made by this section 
     shall apply to years beginning after December 31, 1997.

     SEC. 762. SPOUSAL CONSENT REQUIRED FOR CERTAIN DISTRIBUTIONS 
                   AND LOANS UNDER QUALIFIED CASH OR DEFERRED 
                   ARRANGEMENT.

       (a) In General.--Section 401(k) is amended by adding at the 
     end the following new paragraph:
       ``(13) Spousal consent required.--
       ``(A) In general.--An arrangement shall not be treated as a 
     qualified cash or deferred arrangement unless--
       ``(i) a distribution under the plan of which such 
     arrangement is a part, or
       ``(ii) a loan all or part of which is secured by the 
     participant's interest in the plan of which such arrangement 
     is a part,

     may not be made without the written consent of the spouse.
       ``(B) Exceptions.--Subparagraph (A) shall not apply--
       ``(i) to distributions described in section 402(c)(4)(A) or 
     411(a)(11), or
       ``(ii) in any case described in section 417(a)(2) (relating 
     to cases where spouse cannot be located).
       ``(C) Other rules.--The Secretary shall prescribe rules 
     similar to the rules under section 417 for the form and 
     timing of any consent required by this paragraph.''
       (b) Effective Date.--
       (1) In general.--The amendment made by this section shall 
     apply to plan years beginning after December 31, 1998.
       (2) Plan amendments.--A plan shall not be treated as 
     failing to meet the requirements of section 411(d)(6) of the 
     Internal Revenue Code of 1986 or section 204(g) of the 
     Employee Retirement Income Security Act of 1974 merely 
     because it is amended to meet the requirements of section 
     401(k)(4)(13) of such Code (as added by subsection (a)).

     SEC. 763. SECTION 401(K) INVESTMENT PROTECTION.

       (a) Limitations on Investment in Employer Securities and 
     Employer Real Property by Cash or Deferred Arrangements.--
     Paragraph (3) of section 407(d) of the Employee Retirement 
     Income Security Act of 1974 (29 U.S.C. 1107(d)) is amended by 
     adding at the end the following new subparagraph:
       ``(D) The term `eligible individual account plan' does not 
     include that portion of an individual account plan that 
     consists of elective deferrals (as defined in section 
     402(g)(3) of the Internal Revenue Code of 1986) pursuant to a 
     qualified cash or deferred arrangement as defined in section 
     401(k) of the Internal Revenue Code of 1986 (and earnings 
     thereon), if such elective deferrals (or earnings thereon) 
     are required to be invested in qualifying employer securities 
     or qualifying employer real property or both pursuant to the 
     documents and instruments governing the plan or at the 
     direction of a person other than the participant (or the 
     participant's beneficiary) on whose behalf such elective

[[Page S6531]]

     deferrals are made to the plan. For the purposes of 
     subsection (a), such portion shall be treated as a separate 
     plan. This subparagraph shall not apply to an individual 
     account plan if the fair market value of the assets of all 
     individual account plans maintained by the employer equals 
     not more than 10 percent of the fair market value of the 
     assets of all pension plans maintained by the employer.''
       (b) Effective Date.--
       (1) In general.--The amendments made by this section shall 
     take effect on the date of the enactment of this Act.
       (2) Transition rule for plans holding excess securities or 
     property.--
       (A) In general.--In the case of a plan which on the date of 
     the enactment of this Act, has holdings of employer 
     securities and employer real property (as defined in section 
     407(d) of the Employee Retirement Income Security Act of 1974 
     (29 U.S.C. 1107(d)) in excess of the amount specified in such 
     section 407, the amendment made by this section applies to 
     any acquisition of such securities and property on or after 
     such date, but does not apply to the specific holdings which 
     constitute such excess during the period of such excess.
       (B) Special rule for certain acquisitions.--Employer 
     securities and employer real property acquired pursuant to a 
     binding written contract to acquire such securities and real 
     property entered into and in effect on the date of the 
     enactment of this Act, shall be treated as acquired 
     immediately before such date.
                      Subtitle F--Other Provisions

     SEC. 771. ADJUSTMENT OF MINIMUM TAX EXEMPTION AMOUNTS FOR 
                   TAXPAYERS OTHER THAN CORPORATIONS.

       (a) In General.--Subsection (d) of section 55 is amended by 
     adding at the end the following new paragraph:
       ``(4) Adjustment of exemption amounts for taxpayers other 
     than corporations.--
       ``(A) Taxable years beginning after december 31, 2000, and 
     before january 1, 2004.--In the case of any calendar year 
     after 2000 and before 2004--
       ``(i) the dollar amount applicable under paragraph (1)(A) 
     for such a calendar year shall be $600 greater than the 
     dollar amount applicable under paragraph (1)(A) for the prior 
     calendar year, and
       ``(ii) the dollar amount applicable under paragraph (1)(B) 
     for such a calendar year shall be $400 greater than the 
     dollar amount applicable under paragraph (1)(B) for the prior 
     calendar year.
       ``(B) Application of taxable years.--The dollar amount 
     applicable under this paragraph to any calendar year shall 
     apply to taxable years beginning in such calendar year.''
       (b) Conforming Amendments.--
       (1) Subparagraph (C) of section 55(d)(1) is amended by 
     striking ``$22,500'' and inserting ``the amount equal to \1/
     2\ the dollar amount applicable under subparagraph (A) for 
     the taxable year''.
       (2) The last sentence of section 55(d)(3) is amended by 
     striking ``$165,000 or (ii) $22,500'' and inserting ``the 
     minimum amount of such income (as so determined) for which 
     the exemption amount under paragraph (1)(C) is zero, or (ii) 
     such exemption amount (determined without regard to this 
     paragraph)''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after December 31, 
     2000.

     SEC. 772. TREATMENT OF COMPUTER SOFTWARE AS FSC EXPORT 
                   PROPERTY.

       (a) In General.--Subparagraph (B) of section 927(a)(2) 
     (relating to property excluded from eligibility as FSC export 
     property) is amended by inserting ``, and other than computer 
     software (whether or not patented)'' before ``, for 
     commercial or home use''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall apply to gross receipts attributable to periods after 
     December 31, 1997, in taxable years ending after such date.

     SEC. 773. WELFARE-TO-WORK INCENTIVES.

       (a) Additional Temporary Incentives for Employing Long-Term 
     Family Assistance Recipients.--Section 51 (relating to amount 
     of work opportunity credit) is amended by inserting after 
     subsection (d) the following new subsection:
       ``(e) Additional Temporary Incentives for Employing Long-
     Term Family Assistance Recipients.--
       ``(1) Treatment as member of targeted group.--A long-term 
     family assistance recipient shall be treated for purposes of 
     this section as a member of a targeted group.
       ``(2) Modification to percentage and years of credit.--In 
     the case of a long-term family assistance recipient, the 
     amount of the work opportunity credit determined under this 
     section for the taxable year shall be equal to the sum of--
       ``(A) 50 percent of the qualified first-year wages, and
       ``(B) 50 percent of the qualified second-year wages.
       ``(3) Modification to amount of wages taken into account.--
     In the case of a long-term family assistance recipient--
       ``(A) $10,000 of wages may be taken into account.--In lieu 
     of applying subsection (b)(3), the amount of the qualified 
     first-year wages, and the amount of qualified second-year 
     wages, which may be taken into account with respect to any 
     individual shall not exceed $10,000 per year.
       ``(B) Certain amounts treated as wages.--The term `wages' 
     includes amounts paid or incurred by the employer which are 
     excludable from such recipient's gross income under--
       ``(i) section 105 (relating to amounts received under 
     accident and health plans),
       ``(ii) section 106 (relating to contributions by employer 
     to accident and health plans),
       ``(iii) section 127 (relating to educational assistance 
     programs) or would be so excludable but for section 127(d), 
     but only to the extent paid or incurred to a person not 
     related to the employer, or
       ``(iv) section 129 (relating to dependent care assistance 
     programs).

     The amount treated as wages by clause (i) or (ii) for any 
     period shall be based on the reasonable cost of coverage for 
     the period, but shall not exceed the applicable premium for 
     the period under section 4980B(f)(4).
       ``(C) Special rules for agricultural and railway labor.--If 
     such recipient is an employee to which subparagraph (A) or 
     (B) of subsection (h)(1) applies--
       ``(i) such subparagraph (A) shall be applied by 
     substituting `$10,000' for `$6,000' and
       ``(ii) such subparagraph (B) shall be applied by 
     substituting `$825' for `$500'.
       ``(D) Termination.--In lieu of applying subsection (c)(4), 
     this subsection shall not apply to amounts paid or incurred 
     with respect to an individual who begins work for the 
     employer after September 30, 2000.
       ``(4) Long-term family assistance recipient.--For purposes 
     of this subsection, the term `long-term family assistance 
     recipient' means any individual who is certified by the 
     designated local agency--
       ``(A) as being a member of a family receiving assistance 
     under a IV-A program (as defined in subsection (d)(2)(B)) for 
     at least the 18-month period ending with the month preceding 
     the month in which the hiring date occurs,
       ``(B)(i) as being a member of a family receiving such 
     assistance for 18 months beginning after the date of the 
     enactment of this subsection, and
       ``(ii) as having a hiring date which is not more than 2 
     years after the end of the earliest such 18-month period, or
       ``(C)(i) as being a member of a family which ceased to be 
     eligible after the date of the enactment of this subsection 
     for such assistance by reason of any limitation imposed by 
     Federal or State law on the maximum period such assistance is 
     payable to a family, and
       ``(ii) as having a hiring date which is not more than 2 
     years after the date of such cessation.
       ``(5) Qualified second-year wages.--For purposes of this 
     subsection, the term `qualified second-year wages' means, 
     with respect to any individual, the qualified wages 
     attributable to service rendered during the 1-year period 
     beginning on the day after the last day of the 1-year period 
     with respect to such individual determined under subsection 
     (b)(2).''
       (b) Certain Older Food Stamp Recipients Treated as Members 
     of Targeted Group.--Paragraph (8) of section 51(d) (defining 
     qualified food stamp recipient) is amended to read as 
     follows:
       ``(8) Qualified food stamp recipient.--
       ``(A) In general.--The term `qualified food stamp 
     recipient' 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 being a member of a family receiving assistance 
     under a food stamp program under the Food Stamp Act of 1977 
     for the 6-month period ending on the hiring date.
       ``(B) Certain older recipients.--The term `qualified food 
     stamp recipient' includes any individual who is certified by 
     the designated local agency--
       ``(i) as having attained age 18 but not age 50 on the 
     hiring date,
       ``(ii) as being a recipient of benefits under the food 
     stamp program who is affected by section 6(o) of the Food 
     Stamp Act of 1977 but who has not been made ineligible for 
     refusing to work in accordance with section 6(o)(2)(A) of 
     such Act, or failing to comply with the requirements of a 
     work program under subparagraph (B), (C), or (D) of section 
     6(o)(2)(A) of such Act, and
       ``(iii) as having a hiring date which is not more than 1 
     year after the date of such cessation.
       ``(C) Termination.--In lieu of applying subsection (c)(4), 
     this subsection shall not apply to amounts paid or incurred 
     with respect to an individual who begins work for the 
     employer after September 30, 2000.''
       (c) Effective Date.--The amendments made by this section 
     shall apply to individuals who begin work for the employer 
     after the date of the enactment of this Act.
                                 ______
                                 

                    MC CAIN AMENDMENTS NOS. 528-529

  (Ordered to lie on the table.)
  Mr. McCAIN submitted two amendments intended to be proposed by him to 
the bill, S. 949, supra; as follows:

                           Amendment No. 528

       On page 183, beginning with line 22, strike through line 18 
     on page 192.
                                  ____


                           Amendment No. 529

       On page 192, line 18, after the period insert the 
     following: ``This subsection shall not take effect until the 
     first fiscal year beginning after the date on which an Act, 
     enacted after the date of enactment of this Act, takes effect 
     that provides for reform of Amtrak.''.
                                 ______
                                 

                D'AMATO (AND DASCHLE) AMENDMENT NO. 530

  (Ordered to lie on the table.)

[[Page S6532]]

  Mr. D'AMATO (for himself and Mr. Daschle) submitted an amendment 
intended to be proposed by him to the bill, S. 949, supra; as follows:

       In section 1045, rollover of gain from qualified small 
     business stock to another qualified small business stock, on 
     page 106, line 12, strike ``5 years'' and in lieu of, insert 
     ``6 months''
                                 ______
                                 

                        THOMAS AMENDMENT NO. 531

  (Ordered to lie on the table.)
  Mr. THOMAS submitted an amendment intended to be proposed by him to 
the bill, S. 949, supra; as follows:

       On page 267, between lines 15 and 16, insert the following:

     SEC.   . RESTORATION OF DEDUCTION FOR LOBBYING EXPENSES IN 
                   CONNECTION WITH STATE LEGISLATION.

       (a) In General.--Paragraph (2) of section 162(e) (relating 
     to denial of deduction for certain lobbying and political 
     activities) is amended--
       (1) by inserting ``any State legislature or of'' before 
     ``any local council'' in the material preceeding subparagraph 
     (A), and
       (2) in subparagraph (B)(i), by striking ``such council'' 
     and inserting ``such legislature, council,''.
       (b) Clerical Amendment.--The paragraph heading of paragraph 
     (2) of section 162(e) is amended by inserting ``state or'' 
     before ``local''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to amounts paid or incurred after the date of the 
     enactment of this Act.

     SEC.   . INCREASED MILEAGE REQUIREMENT FOR MOVING EXPENSES 
                   DEDUCTION.

       (a) In General.--Paragraph (1) of section 217(c) (relating 
     to moving expenses) is amended--
       (1) in subparagraph (A), by striking ``50 miles'' and 
     inserting ``55 miles''; and
       (2) in subparagraph (B), by striking ``50 miles'' and 
     inserting ``55 miles''.
       (b) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after December 31, 
     1997.
                                 ______
                                 

                       LANDRIEU AMENDMENT NO. 532

  (Ordered to lie on the table.)
  Ms. LANDRIEU submitted an amendment intended to be proposed by her to 
the bill, S. 949, supra; as follows:

       On page 13, beginning on line 9, strike all through page 
     17, line 23, and insert the following:
       ``(2) Limitation based on adjusted gross income.--
       ``(A) In general.--The $500 amount in subsection (a) shall 
     be reduced (but not below zero) by $25 for each $1,000 (or 
     fraction thereof) by which the taxpayer's modified adjusted 
     gross income exceeds the threshold amount. For purposes of 
     the preceding sentence, the term `modified adjusted gross 
     income' means adjusted gross income increased by any 
     amount excluded from gross income under section 911, 931, 
     or 933.
       ``(B) Threshold amount.--For purposes of subparagraph (A), 
     the term `threshold amount' means--
       ``(i) $90,000 in the case of a joint return,
       ``(ii) $60,000 in the case of an individual who is not 
     married, and
       ``(iii) $45,000 in the case of a married individual filing 
     a separate return.

     For purposes of this subparagraph, marital status shall be 
     determined under section 7703.
       ``(c) Qualifying Child.--For purposes of this section--
       ``(1) In general.--The term `qualifying child' means any 
     individual if--
       ``(A) the taxpayer is allowed a deduction under section 151 
     with respect to such individual for the taxable year,
       ``(B) such individual has not attained the age of 17 (age 
     of 18 in the case of taxable years beginning after 2002) as 
     of the close of the calendar year in which the taxable year 
     of the taxpayer begins, and
       ``(C) such individual bears a relationship to the taxpayer 
     described in section 32(c)(3)(B).
       ``(2) Exception for certain noncitizens.--The term 
     `qualifying child' shall not include any individual who would 
     not be a dependent if the first sentence of section 152(b)(3) 
     were applied without regard to all that follows `resident of 
     the United States'.
       ``(d) Taxable Year Must Be Full Taxable Year.--Except in 
     the case of a taxable year closed by reason of the death of 
     the taxpayer, no credit shall be allowable under this section 
     in the case of a taxable year covering a period of less than 
     12 months.
       ``(e) Recapture of Credit.--
       ``(1) In general.--If--
       ``(A) during any taxable year any amount is withdrawn from 
     a qualified tuition program or an education individual 
     retirement account maintained for the benefit of a 
     beneficiary and such amount is subject to tax under section 
     529(f) or 530(c)(3), and
       ``(B) the amount of the credit allowed under this section 
     for the prior taxable year was contingent on a contribution 
     being made to such a program or account for the benefit of 
     such beneficiary,

     The taxpayer's tax imposed by this chapter for the taxable 
     year shall be increased by the lesser of the amount described 
     in subparagraph (A) or the credit described in subparagraph 
     (B).
       ``(2) No credits against tax, etc.--Any increase in tax 
     under this subsection shall not be treated as a tax imposed 
     by this chapter for purposes of determining--
       ``(A) the amount of any credit under this subpart or 
     subpart B or D of this part, and
       ``(B) the amount of the minimum tax imposed by section 55.
       ``(f) Other Definitions.--For purposes of this section, the 
     term `qualified tuition program' and `education individual 
     retirement account' have the meanings given such terms by 
     section 529 and 530, respectively.
       ``(g) Phasein of Credit.--In the case of taxable years 
     beginning in 1997--
       ``(1) subsection (a)(1) shall be applied by substituting 
     `$250' for `$500', and
       ``(2) subsection (c)(1)(B) shall be applied by substituting 
     `age of 13' for `age of 17'.''
       (b) Conforming Amendment.--The table of sections for 
     supbart A of part IV of subchapter A of chapter 1 is amended 
     by inserting after the item relating to section 23 the 
     following new item:

``Sec. 24. Child tax credit.''

       (c) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after December 31, 
     1996.
                                 ______
                                 

                      FAIRCLOTH AMENDMENT NO. 533

  (Ordered to lie on the table.)
  Mr. FAIRCLOTH submitted an amendment intended to be proposed by him 
to bill, S. 949, supra; as follows:

       On page 267, between lines 15 and 16, insert the following:

     SEC.   . CURRENT REFUNDINGS OF CERTAIN TAX-EXEMPT BONDS.

       (a) In General.--Subsection (c) of section 10632 of the 
     Revenue Act of 1987 (relating to bonds issued by Indian 
     tribal governments) is amended by adding at the end the 
     following new sentence: ``The amendments made by this section 
     shall not apply to any obligation issued after such date if--
       ``(1) such obligation is issued (or is part of a series of 
     obligations issued) to refund an obligation issued on or 
     before such date,
       ``(2) the average maturity date of the issue of which the 
     refunding obligation is a part is not later than the average 
     maturity date of the obligations to be refunded by such 
     issue,
       ``(3) the amount of the refunding obligation does not 
     exceed the outstanding amount of the refunded obligation, and
       ``(4) the net proceeds of the refunding obligation are used 
     to redeem the refunded obligation not later than 90 days 
     after the date of the issuance of the refunding obligation.

     For purposes of paragraph (2), average maturity shall be 
     determined in accordance with section 147(b)(2)(A) of the 
     Internal Revenue Code of 1986.''
       (b) Effective Date.--The amendment made by subsection (a) 
     shall apply to refunding obligations issued after the date of 
     the enactment of this Act.
                                 ______
                                 

                BROWNBACK (AND OTHERS) AMENDMENT NO. 534

  (Ordered to lie on the table.)
  Mr. BROWNBACK (for himself, Mr. Kohl, and Mr. McCain) submitted an 
amendment intended to be proposed by them to the bill, S. 949; as 
follows:

       At the end of the pending Amendment, add the following:
                        TITLE __--BUDGET CONTROL

     SEC. __01. SHORT TITLE; PURPOSE.

       (a) Short Title.--This title may be cited as the 
     ``Bipartisan Budget Enforcement Act of 1997''.
       (b) Purpose.--The purpose of this title is--
       (1) to ensure a balanced Federal budget by fiscal year 
     2002;
       (2) to ensure that the Bipartisan Budget Agreement is 
     implemented; and
       (3) to create a mechanism to monitor total costs of direct 
     spending programs, and, in the event that actual or projected 
     costs exceed targeted levels, to require the President and 
     Congress to address adjustments in direct spending.

     SEC. __02. ESTABLISHMENT OF DIRECT SPENDING TARGETS.

       (a) In General.--The initial direct spending targets for 
     each of fiscal years 1998 through 2002 shall equal total 
     outlays for all direct spending except net interest as 
     determined by the Director of the Office of Management and 
     Budget (hereinafter referred to in this title as the 
     ``Director``) under subsection (b).
       (b) Initial Report by Director.--
       (1) In general.--Not later than 30 days after the date of 
     enactment of this title, the Director shall submit a report 
     to Congress setting forth projected direct spending targets 
     for each of fiscal years 1998 through 2002.
       (2) Projections and assumptions.--The Director's 
     projections shall be based on legislation enacted as of 5 
     days before the report is submitted under paragraph (1). The 
     Director shall use the same economic and technical 
     assumptions used in preparing the concurrent resolution on 
     the budget for fiscal year 1998 (H.Con.Res. 84).

     SEC. __03. ANNUAL REVIEW OF DIRECT SPENDING AND RECEIPTS BY 
                   PRESIDENT.

       As part of each budget submitted under section 1105(a) of 
     title 31, United States Code, the President shall provide an 
     annual review of direct spending and receipts, which shall 
     include--
       (1) information on total outlays for programs covered by 
     the direct spending targets, including actual outlays for the 
     prior fiscal year and projected outlays for the current 
     fiscal year and the 5 succeeding fiscal years; and

[[Page S6533]]

       (2) information on the major categories of Federal 
     receipts, including a comparison between the levels of those 
     receipts and the levels projected as of the date of enactment 
     of this title.

     SEC. __04. SPECIAL DIRECT SPENDING MESSAGE BY PRESIDENT.

       (a) Trigger.--If the information submitted by the President 
     under section __03 indicates--
       (1) that actual outlays for direct spending in the prior 
     fiscal year exceeded the applicable direct spending target; 
     or
       (2) that outlays for direct spending for the current or 
     budget year are projected to exceed the applicable direct 
     spending targets,

     the President shall include in his budget a special direct 
     spending message meeting the requirements of subsection (b).
       (b) Contents.--
       (1) Inclusions.--The special direct spending message shall 
     include--
       (A) an analysis of the variance in direct spending over the 
     direct spending targets; and
       (B) the President's recommendations for addressing the 
     direct spending overages, if any, in the prior, current, or 
     budget year.
       (2) Additional matters.--The President's recommendations 
     may consist of any of the following:
       (A) Proposed legislative changes to recoup or eliminate the 
     overage for the prior, current, and budget years in the 
     current year, the budget year, and the 4 outyears.
       (B) Proposed legislative changes to recoup or eliminate 
     part of the overage for the prior, current, and budget year 
     in the current year, the budget year, and the 4 outyears, 
     accompanied by a finding by the President that, because of 
     economic conditions or for other specified reasons, only some 
     of the overage should be recouped or eliminated by outlay 
     reductions or revenue increases, or both.
       (C) A proposal to make no legislative changes to recoup or 
     eliminate any overage, accompanied by a finding by the 
     President that, because of economic conditions or for other 
     specified reasons, no legislative changes are warranted.
       (c) Proposed Special Direct Spending Resolution.--If the 
     President recommends reductions consistent with subsection 
     (b)(2)(A) or (B), the special direct spending message shall 
     include the text of a special direct spending resolution 
     implementing the President's recommendations through 
     reconciliation directives instructing the appropriate 
     committees of the House of Representatives and Senate to 
     determine and recommend changes in laws within their 
     jurisdictions. If the President recommends no reductions 
     pursuant to (b)(2)(C), the special direct spending message 
     shall include the text of a special resolution concurring in 
     the President's recommendation of no legislative action.

     SEC. __05. REQUIRED RESPONSE BY CONGRESS.

       (a) In General.--It shall not be in order in the House of 
     Representatives or the Senate to consider a concurrent 
     resolution on the budget unless that conference report fully 
     addresses the entirety of any overage contained in the 
     applicable report of the President under section __04 through 
     reconciliation directives.
       (b) Waiver and Suspension.--This section may be waived or 
     suspended in the Senate only by the affirmative vote of 
     three-fifths of the Members, duly chosen and sworn. This 
     section shall be subject to the provisions of section 258 of 
     the Balanced Budget and Emergency Deficit Control Act of 
     1985.
       (c) Appeals.--Appeals in the Senate from the decisions of 
     the Chair relating to any provision of this section shall be 
     limited to 1 hour, to be equally divided between, and 
     controlled by, the appellant and the manager of the bill or 
     joint resolution, as the case may be. An affirmative vote of 
     three-fifths of the Members of the Senate, duly chosen and 
     sworn, shall be required in the Senate to sustain an appeal 
     of the ruling of the Chair on a point of order raised under 
     this section.

     SEC. __06. RELATIONSHIP TO BALANCED BUDGET AND EMERGENCY 
                   DEFICIT CONTROL ACT.

       Reductions in outlays or increases in receipts resulting 
     from legislation reported pursuant to section __05 shall not 
     be taken into account for purposes of any budget enforcement 
     procedures under the Balanced Budget and Emergency Deficit 
     Control Act of 1985.

     SEC. __07. ESTIMATING MARGIN.

       For any fiscal year for which the overage is less than one-
     half of 1 percent of the direct spending target for that 
     year, the procedures set forth in sections __04 and __05 
     shall not apply.

     SEC. __08. EFFECTIVE DATE.

       This title shall apply to direct spending targets for 
     fiscal years 1998 through 2002 and shall expire at the end of 
     fiscal year 2002.
                                 ______
                                 

                SANTORUM (AND OTHERS) AMENDMENT NO. 535

  (Ordered to lie on the table.)
  Mr. SANTORUM (for himself, Mr. Abraham, Mr. Coats, Mr. Coverdell, Mr. 
Gramm, Mr. Nickles, Mr. Enzi, Mr. Hagel, Mr. Allard, and Mr. Kyl) 
submitted an amendment intended to be proposed by them to the bill, S. 
949, supra; as follows:

       On page 267, between lines 15 and 16, insert the following:

     SEC. --. SENSE OF THE SENATE.

       (a) Findings.--The Senate finds that--
       (1) Congress has not provided a genuine tax cut for 
     America's middle-class families since 1981;
       (2) President Clinton promised middle-class tax cuts in 
     1992;
       (3) President Clinton raised taxes by $240,000,000,000 in 
     1993;
       (4) President Clinton vetoed middle-class tax cuts in 1995;
       (5) the middle-class American worker had to work until May 
     9 in order to earn enough money to pay all Federal, State, 
     and local taxes in 1997;
       (6) the Joint Economic Committee reports that real total 
     Government taxes per household in 1994 totaled $18,600;
       (7) more than 70 percent of the tax cuts in both the House 
     of Representatives and the Senate tax relief bills will go to 
     Americans earning less than $75,000 annually;
       (8) the Joint Economic Committee estimates that a family of 
     4 earning $30,000 will receive 53 percent of the tax relief 
     under the reconciliation bill;
       (9) the earned income tax credit was already expanded in 
     President Clinton's 1993 tax bill;
       (10) the fiscal year 1998 budget resolution does not make 
     the $500-per-child tax credit refundable; and
       (11) those who receive the earned income tax credit do not 
     pay Federal income taxes but receive a substantial cash 
     transfer from the Federal Government in the form of refund 
     checks above and beyond income tax rebates.
       (b) Sense of the Senate.--It is the sense of the Senate 
     that America's middle-class taxpayers shoulder the biggest 
     tax burden and that only those who pay Federal income taxes 
     should benefit from the tax cuts contained in the Revenue 
     Reconciliation Act of 1997.
                                 ______
                                 

                SANTORUM (AND OTHERS) AMENDMENT NO. 536

  (Ordered to lie on the table.)
  Mr. SANTORUM (for himself, Mr. Abraham, and Mr. Enzi) submitted an 
amendment intended to be proposed by them to the bill, S. 949, supra; 
as follows:

       On page 267, between lines 15 and 16, insert the following:

     SEC.  . SENSE OF THE SENATE.

       (a) Findings.--The Senate finds that--
       (1) the Department of the Treasury relies upon the Family 
     Economic Income broad-based income concept to estimate family 
     incomes and the impact of Federal income tax relief;
       (2) the Family Economic Income is constructed by adding to 
     adjusted gross income unreported and underreported income; 
     nontaxable transfer payments such as social security payments 
     and TANF payments; employer-provided fringe benefits; inside 
     build-up on pensions, IRAs, Keoghs, and life insurance; tax-
     exempt interest; and imputed rent on owner-occupied housing;
       (3) neither individual families nor the Internal Revenue 
     Service (IRS) rely on or use Family Economic Income as a 
     calculation of income;
       (4) the Treasury Department, using Family Economic Income, 
     estimates that 65.5 percent of the tax relief under the 
     Revenue Reconciliation Act of 1997 will go to the top 20 
     percent of taxpayers;
       (5) the Treasury Department, using Family Economic Income, 
     estimates that the top 10 percent of taxpayers would get 42.8 
     percent of the tax relief under the Revenue Reconciliation 
     Act of 1997;
       (6) the Joint Committee on Taxation, using conventional 
     income calculations, estimates that 74 percent of the tax 
     relief under the reconciliation bill will actually benefit 
     those families with income under $75,000;
       (7) the Joint Committee on Taxation, using conventional 
     income calculations, estimates that 93 percent of the tax 
     relief under the Revenue Reconciliation Act of 1997 will 
     actually benefit those families with income under $100,000; 
     and
       (8) the Joint Economic Committee, using conventional income 
     calculations, estimates that a family of 4 earning $30,000 
     will receive 53 percent of the tax relief under the Revenue 
     Reconciliation Act of 1997.
       (b) Sense of the Senate.--It is the sense of the Senate 
     that Family Economic Income overstates and unfairly skews 
     family incomes, making those with lower incomes appear to be 
     rich.
                                 ______
                                 

              DOMENICI (AND LAUTENBERG) AMENDMENT NO. 537

  Mr. DOMENICI (for himself and Mr. Lautenberg) proposed an amendment 
to the bill. S. 949, supra; as follows:

         At the end of the bill, add the following:
                      TITLE XV--BUDGET ENFORCEMENT

     SEC. 1500. TABLE OF CONTENTS.

       The table of contents for this title is as follows:
Sec. 1500. Table of contents.

  Subtitle A--Amendments to the Congressional Budget and Impoundment 
                          Control Act of 1974

Sec. 1511. Amendments to section 201.
Sec. 1512. Amendments to section 202.
Sec. 1513. Amendment to section 300.
Sec. 1514. Amendments to section 301.
Sec. 1515. Amendments to section 302.
Sec. 1516. Amendments to section 303.
Sec. 1517. Amendment to section 305.

[[Page S6534]]

Sec. 1518. Amendment to section 308.
Sec. 1519. Amendments to section 311.
Sec. 1520. Amendment to section 312.
Sec. 1521. Adjustments.
Sec. 1522. Amendments to title V.
Sec. 1523. Repeal of title VI.
Sec. 1524. Amendments to section 904.
Sec. 1525. Repeal of sections 905 and 906.
Sec. 1526. Amendments to sections 1022 and 1024.
Sec. 1527. Amendment to section 1026.

  Subtitle B--Amendments to the Balanced Budget and Emergency Deficit 
                          Control Act of 1985

Sec. 1551. Purpose.
Sec. 1552. General statement and definitions.
Sec. 1553. Enforcing discretionary spending limits.
Sec. 1554. Violent Crime Reduction Trust Fund.
Sec. 1555. Enforcing pay-as-you-go.
Sec. 1556. Reports and orders.
Sec. 1557. Exempt programs and activities.
Sec. 1558. General and special sequestration rules.
Sec. 1559. The baseline.
Sec. 1560. Technical correction.
Sec. 1561. Judicial review.
Sec. 1562. Effective date.
Sec. 1563. Reduction of preexisting balances and exclusion of effects 
              of this Act from paygo scorecard.
  Subtitle A--Amendments to the Congressional Budget and Impoundment 
                          Control Act of 1974

     SEC. 1511. AMENDMENTS TO SECTION 201.

       Section 201 of the Congressional Budget Act of 1974 is 
     amended by redesignating subsection (g) (relating to revenue 
     estimates) as subsection (f).

     SEC. 1512. AMENDMENTS TO SECTION 202.

       (a) Assistance to Budget Committees.--The first sentence of 
     section 202(a) of the Congressional Budget Act of 1974 is 
     amended by inserting ``primary'' before ``duty''.
       (b) Elimination of Executed Provision.--Section 202 of the 
     Congressional Budget Act of 1974 is amended by striking 
     subsection (e) and by redesignating subsections (f), (g), and 
     (h) as subsections (e), (f), and (g), respectively.

     SEC. 1513. AMENDMENT TO SECTION 300.

       The item relating to February 25 in the timetable set forth 
     in section 300 of the Congressional Budget Act of 1974 is 
     amended by striking ``February 25'' and inserting ``Within 6 
     weeks after President submits budget''.

     SEC. 1514. AMENDMENTS TO SECTION 301.

       (a) Terms of Budget Resolutions.--Section 301(a) of the 
     Congressional Budget Act of 1974 is amended by striking ``, 
     and planning levels for each of the two ensuing fiscal 
     years,'' and inserting ``and for at least each of the 4 
     ensuing fiscal years''.
       (b) Contents of Budget Resolutions.--Paragraphs (1) and (4) 
     of section 301(a) of the Congressional Budget Act of 1974 are 
     amended by striking ``, budget outlays, direct loan 
     obligations, and primary loan guarantee commitments'' each 
     place it appears and inserting ``and budget outlays''.
       (c) Additional Matters.--Section 301(b) of the 
     Congressional Budget Act of 1974 is amended by--
       (1) amending paragraph (7) to read as follows--
       ``(7) set forth pay-as-you-go procedures in the Senate 
     whereby committee allocations, aggregates, and other levels 
     can be revised for legislation if such legislation would not 
     increase the deficit or would not increase the deficit when 
     taken with other legislation enacted after the adoption of 
     the resolution for the first fiscal year or the total period 
     of fiscal years covered by the resolution;'';
       (2) in paragraph 8, striking the period and inserting ``; 
     and''; and
       (3) adding the following new paragraph:
       ``(9) set forth direct loan obligations and primary loan 
     commitment guarantee levels.''.
       (d) Views and Estimates.--The first sentence of section 
     301(d) of the Congressional Budget Act of 1974 is amended by 
     inserting ``or at such time as may be requested by the 
     Committee on the Budget,'' after ``Code,''.
       (e) Hearings and Report.--Section 301(e) of the 
     Congressional Budget Act of 1974 is amended--
       (1) by striking ``In developing'' and inserting the 
     following:
       ``(1) In general.--In developing''; and
       (2) by striking the sentence beginning with ``The report 
     accompanying '' and all that follows through the end of the 
     subsection and inserting the following:
       ``(2) Required contents of report.--The report accompanying 
     such concurrent resolution shall include--
       ``(A) a comparison of the appropriate levels of total new 
     budget authority, total budget outlays, and total revenues as 
     set forth in such concurrent resolution with those requested 
     in the budget submitted by the President;
       ``(B) with respect to each major functional category, an 
     estimate of total new budget authority and total outlays with 
     the estimates divided between permanent authority and funds 
     provided in appropriations Acts;
       ``(C) the economic assumptions which underlie each of the 
     matters set forth in such concurrent resolution and any 
     alternative economic assumptions and objectives that the 
     committee considered;
       ``(D) projections for the period of 5 fiscal years 
     beginning with such fiscal year, of the estimated levels of 
     total new budget authority, total outlays and total revenues 
     and the surplus or deficit for each fiscal year;
       ``(E) information, data, and comparisons indicating the 
     manner in which, and the basis on which, the committee 
     determined each of the matters set forth in the concurrent 
     resolutions;
       ``(F) the estimated levels of tax expenditures (the tax 
     expenditures budget) by major items and functional categories 
     for the President's budget and in the concurrent resolution; 
     and
       ``(G) allocations described in section 302(a).
       ``(3) Additional contents of report.--The report 
     accompanying such concurrent resolution may include--
       ``(A) a statement of any significant changes in the 
     proposed levels of Federal assistance to State and local 
     governments;
       ``(B) an allocation of the level of Federal revenues 
     recommended in the concurrent resolution among the major 
     sources of such revenues;
       ``(C) information, data, and comparisons on the share of 
     total Federal budget outlays and of gross domestic product 
     devoted to investment in the budget submitted by the 
     President and in the concurrent resolution; and
       ``(D) other matters, relating to the budget and fiscal 
     policy, the committee deems appropriate.''.
       (f) Social Security Corrections.--Section 301(i) of the 
     Congressional Budget Act of 1974 is amended by--
       (1) inserting ``Social security point of order.--'' after 
     ``(i)''; and
       (2) striking ``as reported to the Senate'' and inserting 
     ``(or amendment, motion, or conference report on such a 
     resolution)''.
       (g) Repeal of Budget Resolution Provision.--Section 22 of 
     House Concurrent Resolution 218 (103d Congress) is repealed.

     SEC. 1515. AMENDMENTS TO SECTION 302.

       (a) Allocations and Suballocations.--Subsections (a) and 
     (b) of section 302 of the Congressional Budget Act of 1974 
     are amended to read as follows:
       ``(a) Committee Spending Allocations.--
       ``(1) House of representatives.--
       ``(A) Allocation among committees.--The joint explanatory 
     statement accompanying a conference report on a budget 
     resolution shall include allocations, consistent with the 
     resolution recommended in the conference report, of the 
     appropriate levels (for each fiscal year covered by that 
     resolution and a total for all such years) of--
       ``(i) total new budget authority;
       ``(ii) total entitlement authority; and
       ``(iii) total outlays;

     among each committee of the House of Representatives that has 
     jurisdiction over legislation providing or creating such 
     amounts.
       ``(B) No double counting.--Any item allocated to one 
     committee of the House of Representatives may not be 
     allocated to another such committee.
       ``(C) Further division of amounts.--The amounts allocated 
     to each committee for each fiscal year, other than the 
     Committee on Appropriations, shall be further divided between 
     amounts provided or required by law on the date of filing of 
     that conference report and amounts not so provided or 
     required. The amounts allocated to the Committee on 
     Appropriations for each fiscal year shall be further divided 
     between discretionary and mandatory amounts or programs, as 
     appropriate.
       ``(2) Senate allocation among committees.--The joint 
     explanatory statement accompanying a conference report on a 
     budget resolution shall include an allocation, consistent 
     with the resolution recommended in the conference report, of 
     the appropriate levels of--
       ``(A) total new budget authority; and
       ``(B) total outlays;

     among each committee of the Senate that has jurisdiction over 
     legislation providing or creating such amounts.
       ``(3) Amounts not allocated.--
       ``(A) In the house.--In the House of Representatives, if a 
     committee receives no allocation of new budget authority, 
     entitlement authority, or outlays, that committee shall be 
     deemed to have received an allocation equal to zero for new 
     budget authority, entitlement authority, or outlays.
       ``(B) In the senate.--In the Senate, if a committee 
     receives no allocation of new budget authority, outlays, or 
     social security outlays, that committee shall be deemed to 
     have received an allocation equal to zero for new budget 
     authority, outlays, or social security outlays.
       ``(4) Scope of allocations in the senate.--In the Senate, 
     the allocations made pursuant to paragraph (2) shall be made 
     for all committees for the first fiscal year covered by the 
     resolution and for all committees other than the Committee on 
     Appropriations for the period of fiscal years covered by such 
     resolution.
       ``(b) Suballocations by Appropriation Committees.--As soon 
     as practicable after a concurrent resolution on the budget is 
     agreed to, the Committee on Appropriations of each House 
     (after consulting with the Committee on Appropriations of the 
     other House) shall suballocate each amount allocated to it 
     for the budget year under subsection (a)(1)(A) or (a)(2) 
     among its subcommittees. Each Committee on Appropriations 
     shall promptly report to its House suballocations made or 
     revised under this paragraph.''.
       (b) Point of Order.--Section 302(c) of the Congressional 
     Budget Act of 1974 is amended to read as follows:
       ``(c) Point of Order.--After the Committee on 
     Appropriations has received an allocation pursuant to 
     subsection (a) for a fiscal year, it shall not be in order in 
     the House of

[[Page S6535]]

     Representatives or the Senate to consider any bill, joint 
     resolution, amendment, motion, or conference report providing 
     new budget authority for that fiscal year within the 
     jurisdiction of that committee, until such committee makes 
     the suballocations required by subsection (b).''.
       (c) Enforcement of Point of Order.--Section 302(f)(2) of 
     the Congressional Budget Act of 1974 is amended to read as 
     follows:
       ``(2) Enforcement of committee allocations and 
     suballocations.--After a concurrent resolution on the budget 
     is agreed to, it shall not be in order in the Senate to 
     consider any bill, joint resolution, amendment, motion, or 
     conference report that would cause--
       ``(A) in the case of any committee except the Committee on 
     Appropriations, the appropriate allocation of new budget 
     authority or outlays under subsection (a) to be exceeded; or
       ``(B) in the case of the Committee on Appropriations, the 
     appropriate suballocation of new budget authority or outlays 
     under subsection (b) to be exceeded.''.
       (d) Separate Allocations.--Section 302(g) is amended to 
     read as follows:
       ``(g) Separate Allocations.--The Committees on 
     Appropriations and the Budget shall make separate allocations 
     under subsections (a) and (b) consistent with the categories 
     in section 251(c) of the Balanced Budget and Emergency 
     Deficit Control Act of 1985.''

     SEC. 1516. AMENDMENTS TO SECTION 303.

       (a) In General.--Section 303 of the Congressional Budget 
     Act of 1974 is amended--
       (1) by striking ``NEW CREDIT AUTHORITY,'' in the center 
     heading;
       (2) by striking paragraph (4) of subsection (a) and be 
     redesignating paragraphs (5) and (6) as paragraphs (4) and 
     (5), respectively;
       (3) in subsection (b)(1)(A), by inserting ``advanced, 
     discretionary'' before ``new budget authority''; and
       (4) by striking subsection (c).
       (b) Conforming Amendment.--The item relating to section 303 
     in the table of contents set forth in section 1(b) of the 
     Congressional Budget and Impoundment Control Act of 1974 is 
     amended by striking ``new credit authority,''.

     SEC. 1517. AMENDMENT TO SECTION 305.

       Section 305(a)(1) of the Congressional Budget Act of 1974 
     is amended by inserting ``when the House is not in session'' 
     after ``holidays'' each place it appears.

     SEC. 1518. AMENDMENT TO SECTION 308.

       (a) Elimination of References to Credit Authority.--Section 
     308 of the Congressional Budget Act of 1974 is amended--
       (1) by striking the center heading and inserting the 
     following:


            ``REPORTS ON SPENDING AND REVENUE LEGISLATION'';

       (2) in paragraphs (1) and (2) of subsection (a), by 
     striking ``or new credit authority,'' each place it appears 
     and insert ``and'' before ``new spending'' each place it 
     appears;
       (3) in subsection (b)(1), by striking ``or new credit 
     authority,'' and insert ``and'' before ``new spending''; and
       (4) in subsection (c), by inserting ``and'' after the 
     semicolon at the end of paragraph (3), strike ``; and'' at 
     the end of paragraph (4) and insert a period; and strike 
     paragraph (5).
       (b) Conforming Amendment.--The item relating to section 308 
     in the table of contents set forth in section 1(b) of the 
     Congressional Budget and Impoundment Control Act of 1974 is 
     amended by striking ``or new credit authority'' and by 
     inserting ``and'' after the first comma.

     SEC. 1519. AMENDMENTS TO SECTION 311.

       Section 311 of the Congressional Budget Act of 1974 is 
     amended to read as follows:


``NEW BUDGET AUTHORITY, NEW SPENDING AUTHORITY, AND REVENUE LEGISLATION 
                   MUST BE WITHIN APPROPRIATE LEVELS

       ``Sec. 311. (a) Enforcement of Budget Aggregates.--
       ``(1) In the house of representatives.--Except as provided 
     by subsection (c), after the Congress has completed action on 
     a concurrent resolution on the budget for a fiscal year, it 
     shall not be in order in the House of Representatives to 
     consider any bill, joint resolution, amendment, motion, or 
     conference report providing new budget authority for such 
     fiscal year, providing new entitlement authority effective 
     during such fiscal year, or reducing revenues for such fiscal 
     year, if--
       ``(A) the enactment of such bill or resolution as reported;
       ``(B) the adoption and enactment of such amendment; or
       ``(C) the enactment of such bill or resolution in the form 
     recommended in such conference report;

     would cause the appropriate level of total new budget 
     authority or total budget outlays set forth in the most 
     recently agreed to concurrent resolution on the budget for 
     such fiscal year to be exceeded, or would cause revenues to 
     be less than the appropriate level of total revenues set 
     forth in such concurrent resolution except in the case that a 
     declaration of war by the Congress is in effect.
       ``(2) In the senate.--After a concurrent resolution on the 
     budget is agreed to, it shall not be in order in the Senate 
     to consider any bill, resolution, amendment, motion, or 
     conference report that--
       ``(A) would cause the appropriate level of total new budget 
     authority or total outlays set forth for the first fiscal 
     year in such resolution to be exceeded; or
       ``(B) would cause revenues to be less than the appropriate 
     level of total revenues set forth for the first fiscal year 
     covered by such resolution or for the period including the 
     first fiscal year plus the following 4 fiscal years in such 
     resolution.
       ``(3) Enforcement of social security levels in the 
     senate.--After a concurrent resolution on the budget is 
     agreed to, it shall not be in order in the Senate to consider 
     any bill, resolution, amendment, motion, or conference report 
     that would cause a decrease in social security surpluses or 
     an increase in social security deficits derived from the 
     levels of social security revenues and social security 
     outlays set forth for the first fiscal year covered by the 
     resolution and for the period including the first fiscal year 
     plus the following 4 fiscal years in such resolution.
       ``(b) Social Security Levels.--
       ``(1) In general.--For the purposes of subsection (a)(3), 
     social security surpluses equal the excess of social security 
     revenues over social security outlays in a fiscal year or 
     years with such an excess and social security deficits equal 
     the excess of social security outlays over social security 
     revenues in a fiscal year or years with such an excess.
       ``(2) Tax treatment.--For the purposes of this section, no 
     provision of any legislation involving a change in chapter 1 
     of the Internal Revenue Code of 1986 shall be treated as 
     affecting the amount of social security revenues or outlays 
     unless such provision changes the income tax treatment of 
     social security benefits.
       ``(c) Exception in the House of Representatives.--
     Subsection (a)(1) shall not apply in the House of 
     Representatives to any bill, resolution, or amendment which 
     provides new budget authority or new entitlement authority 
     effective during such fiscal year, or to any conference 
     report on any such bill or resolution, if--
       ``(1) the enactment of such bill or resolution as reported;
       ``(2) the adoption and enactment of such amendment; or
       ``(3) the enactment of such bill or resolution in the form 
     recommended in such conference report;

     would not cause the appropriate allocation of new 
     discretionary budget authority or new entitlement authority 
     made pursuant to section 302(a) for such fiscal year, for the 
     committee within whose jurisdiction such bill, resolution, or 
     amendment falls, to be exceeded.''.

     SEC. 1520. AMENDMENT TO SECTION 312.

       (a) In General.--Section 312 of the Congressional Budget 
     Act of 1974 is amended to read as follows:


                           ``points of order

       ``Sec. 312. (a) Determinations.--For purposes of this title 
     and title IV, the levels of new budget authority, budget 
     outlays, spending authority as described in section 
     401(c)(2), direct spending, new entitlement authority, and 
     revenues for a fiscal year shall be determined on the basis 
     of estimates made by the Committee on the Budget of the House 
     of Representatives or the Senate, as the case may be.
       ``(b) Discretionary Spending Point of Order in the 
     Senate.--
       ``(1) Except as otherwise provided in this subsection, it 
     shall not be in order in the Senate to consider any 
     concurrent resolution on the budget (or amendment, motion, or 
     conference report on such a resolution) that would exceed any 
     of the discretionary spending limits in section 251(c) of the 
     Balanced Budget and Emergency Deficit Control Act of 1985.
       ``(2) This subsection shall not apply if a declaration of 
     war by the Congress is in effect or if a joint resolution 
     pursuant to section 258 of the Balanced Budget and Emergency 
     Deficit Control Act of 1985 has been enacted.
       ``(c) Maximum Deficit Amount Point of Order in the 
     Senate.--It shall not be in order in the Senate to consider 
     any concurrent resolution on the budget for a fiscal year 
     under section 301, or to consider any amendment to that 
     concurrent resolution, or to consider a conference report on 
     that concurrent resolution--
       ``(1) if the level of total budget outlays for the first 
     fiscal year that is set forth in that concurrent resolution 
     or conference report exceeds the recommended level of Federal 
     revenues set forth for that year by an amount that is greater 
     than the maximum deficit amount, if any, specified in the 
     Balanced Budget and Emergency Deficit Control Act of 1985 for 
     such fiscal year; or
       ``(2) if the adoption of such amendment would result in a 
     level of total budget outlays for that fiscal year which 
     exceeds the recommended level of Federal revenues for that 
     fiscal year, by an amount that is greater than the maximum 
     deficit amount, if any, specified in the Balanced Budget and 
     Emergency Deficit Control Act of 1985 for such fiscal year.
       ``(d) Timing of Points of Order in the Senate.--A point of 
     order under this Act may not be raised against a bill, 
     resolution, amendment, motion, or conference report while an 
     amendment or motion, the adoption of which would remedy the 
     violation of this Act, is pending before the Senate.
       ``(e) Points of Order in the Senate Against Amendments 
     Between the Houses.--Each provision of this Act that 
     establishes a point of order against an amendment also 
     establishes a point of order in the Senate against an 
     amendment between the Houses. If a point of order under this 
     Act is raised in the Senate against an amendment

[[Page S6536]]

     between the Houses, and the point of order is sustained, the 
     effect shall be the same as if the Senate had disagreed to 
     the amendment.
       ``(f) Effect of a Point of Order on a Bill in the Senate.--
     In the Senate, if the Chair sustains a point of order under 
     this Act against a bill, the Chair shall then send the bill 
     to the committee of appropriate jurisdiction for further 
     consideration.''.
       (b) Conforming Amendments.--Sections 302(g), 311(c), and 
     313(e) of the Congressional Budget Act of 1974 are repealed.

     SEC. 1521. ADJUSTMENTS.

       (a) In General.--Title III of the Congressional Budget Act 
     of 1974 is amended by adding at the end the following new 
     sections:


                             ``adjustments

       ``Sec. 314. (a) Adjustments.--When--
       ``(1)(A) the Committee on Appropriations reports an 
     appropriation measure for fiscal year 1998, 1999, 2000, 2001, 
     or 2002 that specifies an amount for emergencies pursuant to 
     section 251(b)(2)(A) of the Balanced Budget and Emergency 
     Deficit Control Act of 1985 or for continuing disability 
     reviews pursuant to section 251(b)(2)(C) of that Act;
       ``(B) any other committee reports emergency legislation 
     described in section 252(e) of that Act;
       ``(C) the Committee on Appropriations reports an 
     appropriation measure for fiscal year 1998, 1999, 2000, 2001, 
     or 2002 that includes an appropriation with respect to clause 
     (i) or (ii), the adjustment shall be the amount of budget 
     authority in the measure that is the dollar equivalent, in 
     terms of Special Drawing Rights, of--
       ``(i) an increase in the United States quota as part of the 
     International Monetary Fund Eleventh General Review of Quotas 
     (United States Quota); or
       ``(ii) an increase in the maximum amount available to the 
     Secretary of the Treasury pursuant to section 17 of the 
     Bretton Woods Agreements Act, as amended from time to time 
     (New Arrangements to Borrow); or
       ``(D) the Committee on Appropriations reports an 
     appropriation measure for fiscal year 1998, 1999, or 2000 
     that includes an appropriation for arrearages for 
     international organizations, international peacekeeping, and 
     multilateral development banks during that fiscal year, and 
     the sum of the appropriations for the period of fiscal years 
     1998 through 2000 does not exceed $1,884,000,000 in budget 
     authority; or
       ``(2) a conference committee submits a conference report 
     thereon;

     the chairman of the Committee on the Budget of the Senate or 
     House of Representatives (whichever is appropriate) shall 
     make the adjustments referred to in subsection (c) to reflect 
     the additional new budget authority for such matter provided 
     in that measure or conference report and the additional 
     outlays flowing from such amounts for such matter.
       ``(b) Application of Adjustments.--The adjustments and 
     revisions to allocations, aggregates, and limits made by the 
     Chairman of the Committee on the Budget pursuant to 
     subsection (a) for legislation shall only apply while such 
     legislation is under consideration shall only permanently 
     take effect upon the enactment of that legislation.
       ``(c) Content of Adjustments.--The adjustments referred to 
     in subsection (a) shall consist of adjustments, as 
     appropriate, to--
       ``(1) the discretionary spending limits as set forth in the 
     most recently adopted concurrent resolution on the budget;
       ``(2) the allocations made pursuant to the most recently 
     adopted concurrent resolution on the budget pursuant to 
     section 302(a); and
       ``(3) the budgetary aggregates as set forth in the most 
     recently adopted concurrent resolution on the budget.
       ``(d) Reporting Revised Suballocations.--Following the 
     adjustments made under subsection (a), the Committees on 
     Appropriations of the Senate and the House of Representatives 
     shall report appropriately revised suballocations pursuant to 
     section 302(b) to carry out this subsection.
       ``(e) Definitions.--As used in subsection (a)(1)(A), when 
     referring to continuing disability reviews, the terms 
     `continuing disability reviews', `additional new budget 
     authority', and `additional outlays' shall have the same 
     meanings as provided in section 251(b)(2)(C)(ii) of the 
     Balanced Budget and Emergency Deficit Control Act of 1985.''.
       (b) Table of Contents.--The table of contents set forth in 
     section 1(b) of the Congressional Budget and Impoundment 
     Control Act of 1974 is amended by--
       (1) striking the item for section 312 and inserting the 
     following:
``Sec. 312. Points of order.''; and
       (2) adding after the item relating to section 313 the 
     following new item:
``Sec. 314. Adjustments.''.

     SEC. 1522. AMENDMENTS TO TITLE V.

       (a) Section 502.--Section 502 of the Federal Credit Reform 
     Act of 1990 is amended as follows:
       (1) In the second sentence of paragraph (1), insert ``and 
     refinancing arrangements that defer payment for more than 90 
     days, including the sale of a government asset on credit 
     terms'' before the period.
       (2) In paragraph (5)(A), insert ``or modification thereof'' 
     before the first comma.
       (3) In paragraph (5)(B)(iii), strike ``and other 
     recoveries'' and insert ``, other recoveries, and routine 
     workouts of troubled loans or loans in imminent default when 
     those workouts are to maximize repayments to the Government 
     or to minimize claims on the Government''.
       (4) In paragraph (5)(C), strike ``, and'' at the end of 
     clause (i), strike ``the'' in clause (ii) and strike the 
     period and insert ``, and'' at the end of that clause, and at 
     the end add the following new clause:
       ``(iii) routine workouts of troubled loans or loans in 
     imminent default when those workouts are to maximize the 
     repayments to the Government or to minimize claims on the 
     Government.''.
       (5) In paragraph (5), amend subparagraph (D) to read as 
     follows:
       ``(D) The cost of a modification is the difference in cost 
     that results from the modification of a direct loan or loan 
     guarantee (or direct loan obligation or loan guarantee 
     commitment). This difference in cost is the difference 
     between the currently estimated net present value of the 
     remaining cash flows under the terms of the direct loan or 
     loan guarantee contract assumed in the most recent 
     President's budget submitted to Congress, and the currently 
     estimated net present value of the remaining cash flows under 
     the terms of the contract, as modified. Except for interest 
     rates, the estimates shall be consistent with the economic 
     and technical assumptions underlying the most recent 
     President's budget submitted to Congress.''.
       (6) Redesignate paragraph (9) as paragraph (10) and after 
     paragraph (8) add the following new paragraph:
       ``(9) The term `modification' means any Government action 
     that alters the estimated cost of an outstanding direct loan 
     (or direct loan obligation) or an outstanding loan guarantee 
     (or loan guarantee commitment) from the estimate based on the 
     cash flows contained in the most recent President's budget 
     submitted to Congress. This includes the sale of loan assets, 
     with or without recourse, and the purchase of guaranteed 
     loans. This also includes any action resulting from new 
     legislation, or from the exercise of administrative 
     discretion under existing law, that directly or indirectly 
     alters the estimated cost of outstanding direct loans (or 
     direct loan obligations) or loan guarantees (or loan 
     guarantee commitments) such as a change in collection 
     procedures. The term `modification' does not include the 
     routine administrative work-outs of troubled loans or loans 
     in imminent default. Work-outs are actions undertaken to 
     maximize the repayments to the Government under existing 
     direct loans or to minimize claims under existing loan 
     guarantees. The expected effects of such work-outs shall be 
     included in the original estimate of the cash flows. Insofar 
     as the effects on cash flows are more or less than originally 
     estimated, the differences in cash flows shall be included in 
     a reestimate of the cost. The term `modification' does not 
     include changes in loan or guarantee terms resulting from the 
     exercise by the borrower of an option included in the loan or 
     guarantee contract. The expected effects of such changes in 
     terms shall be included in the original estimate of the cash 
     flow. Insofar as the effects on cash flow are more or less 
     than originally estimated, the differences in cash flow shall 
     be included in a reestimate of the cost; and''.
       (b) Section 504.--Section 504 of the Federal Credit Reform 
     Act of 1990 is amended as follows:
       (1) Amend subsection (b)(1) to read as follows:
       ``(1) new budget authority to cover their costs is provided 
     in advance in appropriation Acts;''.
       (2) In subsection (b)(2), strike ``enacted'' and insert 
     ``provided in an appropriation Act''.
       (3) In subsection (d)(1), strike ``directly or indirectly 
     alter the costs of outstanding direct loans and loan 
     guarantees'' and insert ``modify outstanding direct loans (or 
     direct loan obligations) or loan guarantees (or loan 
     guarantee commitments)''.
       (4) In subsection (e), strike ``A direct loan obligation or 
     loan guarantee commitment'' and insert ``An outstanding 
     direct loan (or direct loan obligation) or loan guarantee (or 
     loan guarantee commitment)'', after ``unless'' insert 
     ``new'', and strike ``or from other budgetary resources''.
       (c) Section 505.--Section 505 of the Federal Credit Reform 
     Act of 1990 is amended as follows:
       (1) In subsection (c), by inserting before the period at 
     the end of the second sentence the following: ``, except that 
     the rate of interest charged by the Secretary on lending to 
     financing accounts (including amounts treated as lending to 
     financing accounts by the Federal Financing Bank (hereinafter 
     in this subsection referred to as the `Bank`) pursuant to 
     section 406(b)) and the rate of interest paid to financing 
     accounts on uninvested balances in financing accounts shall 
     be the same as the rate determined pursuant to section 
     502(5)(E). For guaranteed loans financed by the Bank and 
     treated as direct loans by a Federal agency pursuant to 
     section 406(b), any fee or interest surcharge (the amount by 
     which the interest rate charged exceeds the rate determined 
     pursuant to section 502(5)(E)) that the Bank charges to a 
     private borrower pursuant to section 6(c) of the Federal 
     Financing Bank Act of 1973 shall be considered a cash flow to 
     the Government for the purposes of determining the cost of 
     the direct loan pursuant to section 502(5). All such amounts 
     shall be credited to the appropriate financing account. The 
     Bank is authorized to require reimbursement from a Federal 
     agency to cover the administrative expenses of the Bank that 
     are attributable to the direct loans financed for that 
     agency. All such payments by an agency shall be considered 
     administrative

[[Page S6537]]

     expenses subject to section 504(g). This section shall apply 
     to transactions related to direct loan obligations or loan 
     guarantee commitments made on or after October 1, 1991.''.
       (2) In subsection (c), by striking ``supercede'' and 
     inserting ``supersede''.
       (3) By amending subsection (d) to read as follows:
       ``(d) Authorization for Liquidating Accounts.--(1) Amounts 
     in liquidating accounts shall be available only for payments 
     resulting from direct loan obligations or loan guarantee 
     commitments made prior to October 1, 1991. These payments 
     shall include--
       ``(A) interest payments and principal repayments to the 
     Treasury or the Federal Financing Bank for amounts borrowed;
       ``(B) disbursements of loans;
       ``(C) default and other guarantee claim payments;
       ``(D) interest supplement payments;
       ``(E) payments for the costs of foreclosing, managing, and 
     selling collateral that are capitalized or routinely deducted 
     from the proceeds of sales;
       ``(F) payments to financing accounts when required for 
     modifications;
       ``(G) administrative expenses, if--
       ``(i) amounts credited to the liquidating account would 
     have been available for administrative expenses under a 
     provision of law in effect prior to October 1, 1991; and
       ``(ii) no direct loan obligation or loan guarantee 
     commitment has been made, or any modification of a direct 
     loan or loan guarantee has been made, since September 30, 
     1991; and
       ``(H) such other payments as are necessary for the 
     liquidation of such direct loan obligations and loan 
     guarantee commitments.
       ``(2) Amounts credited to liquidating accounts in any year 
     shall be available only for payments required in that year. 
     Any unobligated balances in liquidating accounts at the end 
     of a fiscal year shall be transferred to miscellaneous 
     receipts as soon as practicable after the end of the fiscal 
     year.
       ``(3) If funds in liquidating accounts are insufficient to 
     satisfy obligations and commitments of said accounts, there 
     is hereby provided permanent, indefinite authority to make 
     any payments required to be made on such obligations and 
     commitments.''.

     SEC. 1523. REPEAL OF TITLE VI.

       (a) Repealer.--Title VI of the Congressional Budget Act of 
     1974 is repealed.
       (b) Conforming Amendments.--Title VI of the table of 
     contents set forth in section 1(b) of the Congressional 
     Budget and Impoundment Control Act of 1974 is repealed.

     SEC. 1524. AMENDMENTS TO SECTION 904.

       (a) Waivers.--Section 904(c) of the Congressional Budget 
     Act of 1974 is amended to read as follows:
       ``(c) Waivers.--
       ``(1) Sections 305(b)(2), 305(c)(4), 306, 310(d)(2), 313, 
     904(c), and 904(d) of this Act may be waived or suspended in 
     the Senate only by the affirmative vote of three-fifths of 
     the Members, duly chosen and sworn.
       ``(2) Sections 301(i), 302(c), 302(f), 310(g), 311(a), 
     312(b), and 312(c) of this Act and sections 258(a)(4)(C), 
     258A(b)(3)(C)(I), 258B(f)(1), 258B(h)(1), 258(h)(3), 
     258C(a)(5), and 258C(b)(1) of the Balanced Budget and 
     Emergency Deficit Control Act of 1985 may be waived or 
     suspended in the Senate only by the affirmative vote of 
     three-fifths of the Members, duly chosen and sworn.''.
       (b) Appeals.--Section 904(d) of the Congressional Budget 
     Act of 1974 is amended to read as follows:
       ``(d) Appeals.--
       ``(1) Appeals in the Senate from the decisions of the Chair 
     relating to any provision of title III or IV or section 1017 
     shall, except as otherwise provided therein, be limited to 1 
     hour, to be equally divided between, and controlled by, the 
     mover and the manager of the resolution, concurrent 
     resolution, reconciliation bill, or rescission bill, as the 
     case may be.
       ``(2) An affirmative vote of three-fifths of the Members, 
     duly chosen and sworn, shall be required in the Senate to 
     sustain an appeal of the ruling of the Chair on a point of 
     order raised under sections 305(b)(2), 305(c)(4), 306, 
     310(d)(2), 313, 904(c), and 904(d) of this Act.
       ``(3) An affirmative vote of three-fifths of the Members, 
     duly chosen and sworn, shall be required in the Senate to 
     sustain an appeal of the ruling of the Chair on a point of 
     order raised under sections 301(i), 302(c), 302(f), 310(g), 
     311(a), 312(b), and 312(c) of this Act and sections 
     258(a)(4)(C), 258A(b)(3)(C)(I), 258B(f)(1), 258B(h)(1), 
     258(h)(3), 258C(a)(5), and 258C(b)(1) of the Balanced Budget 
     and Emergency Deficit Control Act of 1985.''.
       (c) Expiration of Supermajority Voting Requirements.--
     Section 904 of the Congressional Budget Act of 1974 is 
     amended by adding at the end the following:
       ``(e) Expiration of Certain Supermajority Voting 
     Requirements.--Subsections (c)(2) and (d)(3) shall expire on 
     September 30, 2002.''.

     SEC. 1525. REPEAL OF SECTIONS 905 AND 906.

       (a) Repealer.--Sections 905 and 906 of the Congressional 
     Budget and Impoundment Control Act of 1974 are repealed.
       (b) Conforming Amendments.--The table of contents set forth 
     in section 1(b) of the Congressional Budget and Impoundment 
     Control Act of 1974 is amended by striking the items relating 
     to sections 905 and 906.

     SEC. 1526. AMENDMENTS TO SECTIONS 1022 AND 1024.

       (a) Section 1022.--Section 1022(b)(1)(F) of Congressional 
     Budget and Impoundment Control Act of 1974 is amended by 
     striking ``section 601'' and inserting ``section 251(c) the 
     Balanced Budget and Emergency Deficit Control Act of 1985''.
       (b) Section 1024.--Section 1024(a)(1)(B) of Congressional 
     Budget and Impoundment Control Act of 1974 is amended by 
     striking ``section 601(a)(2)'' and inserting ``section 251(c) 
     the Balanced Budget and Emergency Deficit Control Act of 
     1985''.

     SEC. 1527. AMENDMENT TO SECTION 1026.

       Section 1026(7)(A)(iv) of the Congressional Budget and 
     Impoundment Control Act of 1974 is amended by striking 
     ``and'' the second place it appears and inserting ``or''.
  Subtitle B--Amendments to the Balanced Budget and Emergency Deficit 
                          Control Act of 1985

     SEC. 1551. PURPOSE.

       This subtitle extends discretionary spending limits and 
     pay-as-you-go requirements.

     SEC. 1552. GENERAL STATEMENT AND DEFINITIONS.

       (a) General Statement.--Section 250(b) of the Balanced 
     Budget and Emergency Deficit Control Act of 1985 is amended 
     by striking the first two sentences and inserting the 
     following: ``This part provides for the enforcement of a 
     balanced budget by fiscal year 2002 as called for in House 
     Concurrent Resolution 84 (105th Congress, 1st session).''.
       (b) Definitions.--Section 250(c) of the Balanced Budget and 
     Emergency Deficit Control Act of 1985 is amended--
       (1) by striking paragraph (4) and inserting the following:
       ``(4) The term `category' means defense, nondefense, and 
     violent crime reduction discretionary appropriations as 
     specified in the joint explanatory statement accompanying a 
     conference report on the Balanced Budget Act of 1997. New 
     accounts or activities shall be categorized only after 
     consultation with the committees on Appropriations and the 
     Budget of the House of Representatives and the Senate and 
     such consultation shall include written communication to such 
     committees that affords such committees the opportunity to 
     comment before official action is taken with respect to new 
     accounts or activities.'';
       (2) by striking paragraph (6) and inserting the following:
       ``(6) The term `budgetary resources' means new budget 
     authority, unobligated balances, direct spending authority, 
     and obligation limitations.'';
       (3) in paragraph (9), by striking ``submission of the 
     fiscal year 1992 budget that are not included with a budget 
     submission'' and inserting ``that budget submission that are 
     not included with that budget submission'';
       (4) in paragraph (14), by inserting ``first 4'' before 
     ``fiscal years'' and by striking ``1995'' and inserting 
     ``2006''; and
       (5) by striking paragraphs (17) and (20) and by 
     redesignating paragraphs (18), (19), and (21) as paragraphs 
     (17), (18), and (19), respectively.

     SEC. 1553. ENFORCING DISCRETIONARY SPENDING LIMITS.

       (a) Extension Through Fiscal Year 2002.--Section 251 of the 
     Balanced Budget and Emergency Deficit Control Act of 1985 is 
     amended--
       (1) in the side heading of subsection (a), by striking 
     ``1991-1998'' and inserting ``1997-2002'';
       (2) in subsection (a)(7), by inserting ``(excluding 
     Saturdays, Sundays, and legal holidays)'' after ``days'';
       (3) in the first sentence of subsection (b)(1), by striking 
     ``1992, 1993, 1994, 1995, 1996, 1997 or 1998'' and inserting 
     ``1997 or any fiscal year thereafter through 2002'' and by 
     striking ``through 1998'' and inserting ``through 2002'';
       (4) in subsection (b)(1), by striking ``the following:'' 
     and all that follows through ``in concepts and definitions'' 
     the first place it appears and inserting ``the following: the 
     adjustments'' and by striking subparagraphs (B) and (C);
       (5) in subsection (b)(1), as amended, by striking the last 
     sentence and inserting ``Changes in concepts and definitions 
     may only be made after consultation with the committees on 
     Appropriations and the Budget of the House of Representatives 
     and the Senate and such consultation shall include written 
     communication to such committees that affords such committees 
     the opportunity to comment before official action is taken 
     with respect to such changes.'';
       (6) in subsection (b)(2), by striking ``1991, 1992, 1993, 
     1994, 1995, 1996, 1997, or 1998'' and inserting ``1997 or any 
     fiscal year thereafter through 2002'', by striking ``through 
     1998'' and inserting ``through 2002'', and by striking 
     subparagraphs (A), (B), (C), (E), and (G), and by 
     redesignating subparagraphs (D), (F), and (H) as 
     subparagraphs (A), (B), and (C), respectively;
       (7) in subsection (b)(2)(A), as redesignated, by striking 
     ``(i)'', by striking clause (ii), and by inserting ``fiscal'' 
     before ``years'';
       (8) in subsection (b)(2)(B), as redesignated, by striking 
     everything after ``the adjustment in outlays'' and inserting 
     ``for a fiscal year is the amount of the excess but not to 
     exceed 0.5 percent of the adjusted discretionary spending 
     limit on outlays for that fiscal year in fiscal year 1997 or 
     any fiscal year thereafter through 2002;
       (9) in subsection (b)(2)(C)(i), as redesignated--
       (A) in subclause (III) by striking ``$245,000,000'' and 
     inserting ``$290,000,000'';
       (B) in subclause (IV), by striking ``$280,000,000'' and 
     inserting ``$520,000,000'';

[[Page S6538]]

       (C) in subclause (V), by striking ``$317,500,000'' and 
     inserting ``$520,000,000'';
       (D) in subclause (VI), by striking ``$317,500,000'' and 
     inserting ``$520,000,000''; and
       (E) in subclause (VII), by striking ``$317,000,000'' and 
     inserting ``$520,000,000''; and
       (10) by adding at the end of subsection (b)(2) the 
     following:
       ``(D) Allowance for IMF.--If an appropriations bill or 
     joint resolution is enacted for fiscal year 1998, 1999, 2000, 
     2001, or 2002 that includes an appropriation with respect to 
     clause (i) or (ii), the adjustment shall be the amount of 
     budget authority in the measure that is the dollar 
     equivalent, in terms of Special Drawing Rights, of--
       ``(i) an increase in the United States quota as part of the 
     International Monetary Fund Eleventh General Review of Quotas 
     (United States Quota); or
       ``(ii) any increase in the maximum amount available to the 
     Secretary of the Treasury pursuant to section 17 of the 
     Bretton Woods Agreements Act, as amended from time to time 
     (New Arrangements to Borrow).
       ``(E) Allowance for international arrearages.--
       ``(i) Adjustments.--If an appropriations bill or joint 
     resolution is enacted for fiscal year 1998, 1999 or 2000 that 
     includes an appropriation for arrearages for international 
     organizations, international peacekeeping, and multilateral 
     development banks for that fiscal year, the adjustment shall 
     be the amount of budget authority in such measure and the 
     outlays flowing in all fiscal years from such budget 
     authority.
       ``(ii) Limitations.--The total amount of adjustments made 
     pursuant to this subparagraph shall not exceed $1,884,000,000 
     in budget authority.
       ``(F) Allowances for transportation.--
       ``(i) In general.--If during the 105th Congress, revenue 
     increases or direct spending reductions creditable under 
     section 252 are enacted for transportation reserve funds as 
     provided in sections 207, 207A, 208, or 209 of House 
     Concurrent Resolution 84 (105th Congress), OMB shall 
     determine the amount of the budget authority adjustment for 
     the applicable program for each fiscal year through 2002.
       ``(ii) Adjustments.--If for fiscal years 1998 through 2002, 
     discretionary appropriations are enacted for a fiscal year 
     that designates funding for the applicable program, the 
     adjustment is the amount of the discretionary budget 
     authority appropriated for such program in such fiscal year 
     and the outlays in all years flowing from such discretionary 
     budget authority, but not to exceed the amount available for 
     such program pursuant to this subparagraph.
       ``(iii) Limitations.--(I) Revenue increases and direct 
     spending reductions credited under this subparagraph shall be 
     so designated in statute and shall not be credited under 
     section 252.
       ``(II) The amount of the budget authority adjustment 
     determined for a fiscal year under clause (ii) shall not 
     exceed the amount of the revenue increase or direct spending 
     reduction credited for a fiscal year under clause (i) and 
     shall meet the terms and conditions of sections 207, 207A, 
     208, or 209 of House Concurrent Resolution 84 (105th 
     Congress), as applicable.
       (b) Shifting of Discretionary Spending Limits into Gramm-
     Rudman.--
       (1) In general.--Section 251 of the Balanced Budget and 
     Emergency Deficit Control Act of 1985 is amended by adding at 
     the end the following:
       ``(c) Discretionary Spending Limit.--As used in this part, 
     the term `discretionary spending limit' means--
       ``(1) with respect to fiscal year 1997, for the 
     discretionary category, the current adjusted amount of new 
     budget authority and outlays;
       ``(2) with respect to fiscal year 1998--
       ``(A) for the defense category: $269,000,000,000 in new 
     budget authority and $266,823,000,000 in outlays;
       ``(B) for the nondefense category: $252,357,000,000 in new 
     budget authority and $282,853,000,000 in outlays; and
       ``(C) for the violent crime reduction category: 
     $5,500,000,000 in new budget authority and $3,592,000,000 in 
     outlays;
       ``(3) with respect to fiscal year 1999--
       ``(A) for the defense category: $271,500,000,000 in new 
     budget authority and $266,518,000,000 in outlays;
       ``(B) for the nondefense category: $255,699,000,000 in new 
     budget authority and $287,850,000,000 in outlays; and
       ``(C) for the violent crime reduction category: 
     $5,800,000,000 in new budget authority and $4,953,000,000 in 
     outlays;
       ``(4) with respect to fiscal year 2000--
       ``(A) for the discretionary category: $532,693,000,000 in 
     new budget authority and $558,711,000,000 in outlays; and
       ``(B) for the violent crime reduction category: 
     $4,500,000,000 in new budget authority and $5,554,000,000 in 
     outlays;
       ``(5) with respect to fiscal year 2001, for the 
     discretionary category: $542,032,000,000 in new budget 
     authority and $564,396,000,000 in outlays; and
       ``(6) with respect to fiscal year 2002, for the 
     discretionary category: $551,074,000,000 in new budget 
     authority and $560,799,000,000 in outlays;
     as adjusted in strict conformance with subsection (b).''.
       (2) Repeal of duplicative provisions.--Sections 201, 202, 
     and 206 of House Concurrent Resolution 84 (105th Congress) 
     are repealed.

     SEC. 1554. VIOLENT CRIME REDUCTION TRUST FUND.

       (a) Sequestration Regarding Violent Crime Reduction Trust 
     Fund.--Section 251A of the Balanced Budget and Emergency 
     Deficit Control Act of 1985 is repealed.
       (b) Conforming Amendment.--Section 310002 of Public Law 
     103-322 (42 U.S.C. 14212) is repealed.

     SEC. 1555. ENFORCING PAY-AS-YOU-GO.

       (a) Extension.--Section 252 of the Balanced Budget and 
     Emergency Deficit Control Act of 1985 is amended--
       (1) by striking subsections (a) and (b) and inserting the 
     following:
       ``(a) Purpose.--The purpose of this section is to assure 
     that any legislation enacted prior to September 30, 2002, 
     affecting direct spending or receipts that increases the 
     deficit will trigger an offsetting sequestration.
       ``(b) Sequestration.--
       ``(1) Timing.--For fiscal years 1998 through 2002, within 
     15 calendar days after Congress adjourns to end a session and 
     on the same day as a sequestration (if any) under sections 
     251 and 253, there shall be a sequestration to offset the 
     amount of any net deficit increase in the budget year caused 
     by all direct spending and receipts legislation (after 
     adjusting for any prior sequestration as provided by 
     paragraph (2)) plus any net deficit increase in the prior 
     fiscal year caused by all direct spending and receipts 
     legislation not reflected in the final OMB sequestration 
     report for that year.
       ``(2) Calculation of deficit increase.--OMB shall calculate 
     the amount of deficit increase, if any, in the budget year by 
     adding--
       ``(A) all applicable estimates of direct spending and 
     receipts legislation transmitted under subsection (d) 
     applicable to the budget year, other than any amounts 
     included in such estimates resulting from--
       ``(i) full funding of, and continuation of, the deposit 
     insurance guarantee commitment in effect under current law; 
     and
       ``(ii) emergency provisions as designated under subsection 
     (e);
       ``(B) the estimated amount of savings in direct spending 
     programs applicable to the budget year resulting from the 
     prior year's sequestration under this section or section 253, 
     if any (except for any amounts sequestered as a result of any 
     deficit increase in the fiscal year immediately preceding the 
     prior fiscal year), as published in OMB's final sequestration 
     report for that prior year; and
       ``(C) all applicable estimates of direct spending and 
     receipts legislation transmitted under subsection (d) for the 
     current year that are not reflected in the final OMB 
     sequestration report for that year, other than any amounts 
     included in such estimates resulting from--
       ``(i) full funding of, and continuation of, the deposit 
     insurance guarantee commitment in effect under current law; 
     and
       ``(ii) emergency provisions as designated under subsection 
     (e).'';
       (2) by amending subsection (d) to read as follows:
       ``(d) Estimates.--
       ``(1) CBO estimates.--As soon as practicable after Congress 
     completes action on any direct spending or receipts 
     legislation, CBO shall provide an estimate to OMB of the 
     legislation.
       ``(2) OMB estimates.--Not later than 5 calendar days 
     (excluding Saturdays, Sundays, and legal holidays) after the 
     enactment of any direct spending or receipts legislation, OMB 
     shall transmit a report to the House of Representatives and 
     to the Senate containing--
       ``(A) the CBO estimate of that legislation;
       ``(B) an OMB estimate of that legislation using current 
     economic and technical assumptions; and
       ``(C) an explanation of any difference between the 2 
     estimates.
       ``(3) Scope of estimates.--The estimates shall be prepared 
     in conformance with scorekeeping guidelines and shall include 
     the amount of change in outlays or receipts, as the case may 
     be, for the current year (if applicable), the budget year, 
     and each outyear.
       ``(4) Consultation.--OMB and CBO, after consultation with 
     each other and the Committees on the Budget of the House of 
     Representatives and the Senate, shall--
       ``(A) determine scorekeeping guidelines; and
       ``(B) in conformance with such guidelines, prepare 
     estimates under this subsection.''; and
       (3) in subsection (e), by striking ``, for any fiscal year 
     from 1991 through 1998,'' and by striking ``through 1995''.

     SEC. 1556. REPORTS AND ORDERS.

       Section 254 of the Balanced Budget and Emergency Deficit 
     Control Act of 1985 is amended--
       (1) by striking subsection (c) and redesignating 
     subsections (d) through (k) as (c) through (j), respectively;
       (2) in subsection (c)(2) (as redesignated), by striking 
     ``1998'' and inserting ``2002'';
       (3)(A) in subsection (f)(2)(A) (as redesignated), by 
     striking ``1998'' and inserting ``2002''; and
       (B) in subsection (f)(3) (as redesignated), by striking 
     ``through 1998''; and
       (4) by striking subsection (h), as redesignated, and 
     redesignating subsection (i), as redesignated, as subsection 
     (h).

     SEC. 1557. EXEMPT PROGRAMS AND ACTIVITIES.

       (a) Veterans Programs.--Section 255(b) of the Balanced 
     Budget and Emergency Deficit Control Act of 1985 is amended 
     as follows:

[[Page S6539]]

       (1) In the item relating to Veterans Insurance and 
     Indemnity, strike ``Indemnity'' and insert ``Indemnities''.
       (2) In the item relating to Veterans' Canteen Service 
     Revolving Fund, strike ``Veterans'''.
       (3) In the item relating to Benefits under chapter 21 of 
     title 38, strike ``(36-0137-0-1-702)'' and insert ``(36-0120-
     0-1-701)''.
       (4) In the item relating to Veterans' compensation, strike 
     ``Veterans' compensation'' and insert ``Compensation''.
       (5) In the item relating to Veterans' pensions, strike 
     ``Veterans' pensions'' and insert ``Pensions''.
       (6) After the last item, insert the following new items:
       ``Benefits under chapter 35 of title 38, United States 
     Code, related to educational assistance for survivors and 
     dependents of certain veterans with service-connected 
     disabilities (36-0137-0-1-702);
       ``Assistance and services under chapter 31 of title 38, 
     United States Code, relating to training and rehabilitation 
     for certain veterans with service-connected disabilities (36-
     0137-0-1-702);
       ``Benefits under subchapters I, II, and III of chapter 37 
     of title 38, United States Code, relating to housing loans 
     for certain veterans and for the spouses and surviving 
     spouses of certain veterans Guaranty and Indemnity Program 
     Account (36-1119-0-1-704);
       ``Loan Guaranty Program Account (36-1025-0-1-704); and
       ``Direct Loan Program Account (36-1024-0-1-704).''.
       (b) Certain Program Bases.--Section 255(f) of the Balanced 
     Budget and Emergency Deficit Control Act of 1985 is amended 
     to read as follows:
       ``(f) Optional Exemption of Military Personnel.--
       ``(1) The President may, with respect to any military 
     personnel account, exempt from sequestration or provide for a 
     lower uniform percentage reduction than would otherwise 
     apply.
       ``(2) The President may not use the authority provided by 
     paragraph (1) unless he notifies the Congress of the manner 
     in which such authority will be exercised on or before the 
     date specified in section 254(d) for the budget year.''.
       (c) Other Programs and Activities.--(1) Section 
     255(g)(1)(A) of the Balanced Budget Emergency Deficit Control 
     Act of 1985 is amended as follows:
       (A) After the first item, insert the following new item:
       ``Activities financed by voluntary payments to the 
     Government for goods or services to be provided for such 
     payments;''.
       (B) Strike ``Thrift Savings Fund (26-8141-0-7-602);''.
       (C) In the first item relating to the Bureau of Indian 
     Affairs, insert ``Indian land and water claims settlements 
     and'' after the comma.
       (D) In the second item relating to the Bureau of Indian 
     Affairs, strike ``miscellaneous'' and ``, tribal trust 
     funds'' and insert ``Miscellaneous'' before ``trust funds''.
       (E) Strike ``Claims, defense (97-0102-0-1-051);''.
       (F) In the item relating to Claims, judgments, and relief 
     acts, strike ``806'' and insert ``808''.
       (G) Strike ``Coinage profit fund (20-5811-0-2-803);''.
       (H) Insert ``Compact of Free Association (14-0415-0-1-
     808);'' after the item relating to claims, judgments, and 
     relief acts.
       (I) Insert ``Conservation Reserve Program (12-2319-0-1-
     302);'' after the item relating to the Compensation of the 
     President.
       (J) In the item relating to the Customs Service, strike 
     ``852'' and insert ``806''.
       (K) In the item relating to the Comptroller of the 
     Currency, insert ``, Assessment funds (20-8413-0-8-373)'' 
     before the semicolon.
       (L) Strike ``Director of the Office of Thrift 
     Supervision;''.
       (M) Strike ``Eastern Indian land claims settlement fund 
     (14-2202-0-1-806);''.
       (N) After the item relating to the Exchange stabilization 
     fund, insert the following new items:
       ``Farm Credit Administration, Limitation on Administrative 
     Expenses (78-4131-0-3-351);
       ``Farm Credit System Financial Assistance Corporation, 
     interest payment (20-1850-0-1-908);''.
       (O) Strike ``Federal Deposit Insurance Corporation;''.
       (P) In the first item relating to the Federal Deposit 
     Insurance Corporation, insert ``(51-4064-0-3-373)'' before 
     the semicolon.
       (Q) In the second item relating to the Federal Deposit 
     Insurance Corporation, insert ``(51-4065-0-3-373)'' before 
     the semicolon.
       (R) In the third item relating to the Federal Deposit 
     Insurance Corporation, insert ``(51-4066-0-3-373)'' before 
     the semicolon.
       (S) In the item relating to the Federal Housing Finance 
     Board, insert ``(95-4039-0-3-371)'' before the semicolon.
       (T) In the item relating to the Federal payment to the 
     railroad retirement account, strike ``account'' and insert 
     ``accounts''.
       (U) In the item relating to the health professions graduate 
     student loan insurance fund, insert ``program account'' after 
     ``fund'' and strike ``(Health Education Assistance Loan 
     Program) (75-4305-0-3-553)'' and insert ``(75-0340-0-1-
     552)''.
       (V) In the item relating to Higher education facilities, 
     strike ``and insurance''.
       (W) In the item relating to Internal revenue collections 
     for Puerto Rico, strike ``852'' and insert ``806''.
       (X) Amend the item relating to the Panama Canal Commission 
     to read as follows:
       ``Panama Canal Commission, Panama Canal Revolving Fund (95-
     4061-0-3-403);''.
       (Y) In the item relating to the Medical facilities 
     guarantee and loan fund, strike ``(75-4430-0-3-551)'' and 
     insert ``(75-9931-0-3-550)''.
       (Z) In the first item relating to the National Credit Union 
     Administration, insert ``operating fund (25-4056-0-3-373)'' 
     before the semicolon.
       (AA) In the second item relating to the National Credit 
     Union Administration, strike ``central'' and insert 
     ``Central'' and insert ``(25-4470-0-3-373)'' before the 
     semicolon.
       (BB) In the third item relating to the National Credit 
     Union Administration, strike ``credit'' and insert ``Credit'' 
     and insert ``(25-4468-0-3-373)'' before the semicolon.
       (CC) After the third item relating to the National Credit 
     Union Administration, insert the following new item:
       ``Office of Thrift Supervision (20-4108-0-3-373);''.
       (DD) In the item relating to Payments to health care trust 
     funds, strike ``572'' and insert ``571''.
       (EE) Strike ``Compact of Free Association, economic 
     assistance pursuant to Public Law 99-658 (14-0415-0-1-
     806);''.
       (FF) In the item relating to Payments to social security 
     trust funds, strike ``571'' and insert ``651''.
       (GG) Strike ``Payments to state and local government fiscal 
     assistance trust fund (20-2111-0-1-851);''.
       (HH) In the item relating to Payments to the United States 
     territories, strike ``852'' and insert ``806''.
       (II) Strike ``Resolution Funding Corporation;''.
       (JJ) In the item relating to the Resolution Trust 
     Corporation, insert ``Revolving Fund (22-4055-0-3-373)'' 
     before the semicolon.
       (KK) After the item relating to the Tennessee Valley 
     Authority funds, insert the following new items:
       ``Thrift Savings Fund;
       ``United States Enrichment Corporation (95-4054-0-3-271);
       ``Vaccine Injury Compensation (75-0320-0-1-551);
       ``Vaccine Injury Compensation Program Trust Fund (20-8175-
     0-7-551);''.
       (2) Section 255(g)(1)(B) of the Balanced Budget and 
     Emergency Deficit Control Act of 1985 is amended as follows:
       (A) Strike ``The following budget'' and insert ``The 
     following Federal retirement and disability''.
       (B) In the item relating to Black lung benefits, strike 
     ``lung benefits'' and insert ``Lung Disability Trust Fund''.
       (C) In the item relating to the Court of Federal Claims 
     Court Judges' Retirement Fund, strike ``Court of Federal''.
       (D) In the item relating to Longshoremen's compensation 
     benefits, insert ``Special workers compensation expenses,'' 
     before ``Longshoremen's''.
       (E) In the item relating to Railroad retirement tier II, 
     insert ``Industry Pension Fund'' after ``tier II'', and 
     strike ``retirement tier II''.
       (3) Section 255(g)(2) of the Balanced Budget and Emergency 
     Deficit Control Act of 1985 is amended as follows:
       (A) Strike the following items:
       ``Agency for International Development, Housing, and other 
     credit guarantee programs (72-4340-0-3-151);
       ``Agricultural credit insurance fund (12-4140-0-1-351);''.
       (B) In the item relating to Check forgery, strike ``Check'' 
     and insert ``United States Treasury check''.
       (C) Strike ``Community development grant loan guarantees 
     (86-0162-0-1-451);''.
       (D) After the item relating to the United States Treasury 
     Check forgery insurance fund, insert the following new item:
       ``Credit liquidating accounts;''.
       (E) Strike the following items:
       ``Credit union share insurance fund (25-4468-0-3-371);
       ``Economic development revolving fund (13-4406-0-3);
       ``Export-Import Bank of the United States, Limitation of 
     program activity (83-4027-0-1-155);
       ``Federal deposit Insurance Corporation (51-8419-0-8-371);
       ``Federal Housing Administration fund (86-4070-0-3-371);
       ``Federal ship financing fund (69-4301-0-3-403);
       ``Federal ship financing fund, fishing vessels (13-4417-0-
     3-376);
       ``Government National Mortgage Association, Guarantees of 
     mortgage-backed securities (86-4238-0-3-371);
       ``Health education loans (75-4307-0-3-553);
       ``Indian loan guarantee and insurance fund (14-4410-0-3-
     452);
       ``Railroad rehabilitation and improvement financing fund 
     (69-4411-0-3-401);
       ``Rural development insurance fund (12-4155-0-3-452);
       ``Rural electric and telephone revolving fund (12-4230-8-3-
     271);
       ``Rural housing insurance fund (12-4141-0-3-371);
       ``Small Business Administration, Business loan and 
     investment fund (73-4154-0-3-376);
       ``Small Business Administration, Lease guarantees revolving 
     fund (73-4157-0-3-376);
       ``Small Business Administration, Pollution control 
     equipment contract guarantee revolving fund (73-4147-0-3-
     376);
       ``Small Business Administration, Surety bond guarantees 
     revolving fund (73-4156-0-3-376);

[[Page S6540]]

       ``Department of Veterans Affairs Loan guaranty revolving 
     fund (36-4025-0-3-704);''.
       (d) Low-Income Programs.--Section 255(h) of the Balanced 
     Budget and Emergency Deficit Control Act of 1985 is amended 
     as follows:
       (1) In the item relating to Aid to families with dependent 
     children, strike ``0412'' and insert ``1501''.
       (2) Amend the item relating to Child nutrition to read as 
     follows:
       ``State child nutrition programs (with the exception of 
     special milk programs) (12-3539-0-1-605);''.
       (3) After the item relating to State child nutrition 
     programs, insert the following new item:
       ``Commodity supplemental food program (12-3512-0-1-605);''.
       (4) Amend the item relating to the Women, infants, and 
     children program to read as follows:
       ``Special supplemental nutrition program for women, 
     infants, and children (WIC) (12-3510-0-1-605).''.
       (e) Identification of Programs.--Section 255(i) of the 
     Balanced Budget and Emergency Deficit Control Act of 1985 is 
     amended to read as follows:
       ``(i) Identification of Programs.--For purposes of 
     subsections (b), (g), and (h), each account is identified by 
     the designated budget account identification code number set 
     forth in the Budget of the United States Government 1998-
     Appendix, and an activity within an account is designated by 
     the name of the activity and the identification code number 
     of the account.''.
       (f) Optional Exemption of Military Personnel.--Section 
     255(h) of the Balanced Budget and Emergency Deficit Control 
     Act of 1985 is repealed.

     SEC. 1558. GENERAL AND SPECIAL SEQUESTRATION RULES.

       (a) Conforming Amendments.--
       (1) Section heading.--The section heading of section 256 of 
     the Balanced Budget and Emergency Deficit Control Act of 1985 
     is amended by striking ``exceptions, limitations, and special 
     rules'' and inserting ``general and special sequestration 
     rules''.
       (2) Table of contents.--The item relating to section 256 in 
     the table contents set forth in section 250(a) of the 
     Balanced Budget and Emergency Deficit Control Act of 1985 is 
     amended to read as follows:
``Sec. 256. General and special sequestration rules.''.

       (b) Automatic Spending Increases.--Section 256(a) of the 
     Balanced Budget and Emergency Deficit Control Act of 1985 is 
     amended by striking paragraph (1) and redesignating 
     paragraphs (2) and (3) as paragraphs (1) and (2), 
     respectively.
       (c) Guaranteed Student Loan Program.--Section 256(b) of the 
     Balanced Budget and Emergency Deficit Control Act of 1985 is 
     amended to read as follows:
       ``(b) Student Loans.--For all student loans under part B or 
     D of title IV of the Higher Education Act of 1965 made during 
     the period when a sequestration order under section 254 is in 
     effect, origination fees under sections 438(c)(2) and 456(c) 
     of that Act shall be increased by a uniform percentage 
     sufficient to produce the dollar savings in student loan 
     programs (as a result of that sequestration order) required 
     by section 252 or 253, as applicable.''.
       (d) Health Centers.--Section 256(e)(1) of the Balanced 
     Budget and Emergency Deficit Control Act of 1985 is amended 
     by striking the dash and all that follows thereafter and 
     inserting ``2 percent.''.
       (e) Treatment of Federal Administrative Expenses.--Section 
     256(h)(4) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985 is amended by striking subparagraphs (D) 
     and (H), by redesignating subparagraphs (E), (F), (G), and 
     (I), as subparagraphs (D), (E), (F), and (G), respectively, 
     and by adding at the end the following new subparagraph:
       ``(H) Farm Credit Administration.''.
       (f) Commodity Credit Corporation.--Section 256(j)(5) of the 
     Balanced Budget and Emergency Deficit Control Act of 1985 is 
     amended to read as follows:
       ``(5) Dairy program.--Notwithstanding other provisions of 
     this subsection, as the sole means of achieving any reduction 
     in outlays under the milk price support program, the 
     Secretary of Agriculture shall provide for a reduction to be 
     made in the price received by producers for all milk produced 
     in the United States and marketed by producers for commercial 
     use. That price reduction (measured in cents per hundred 
     weight of milk marketed) shall occur under section 
     201(d)(2)(A) of the Agricultural Act of 1949 (7 U.S.C. 
     1446(d)(2)(A)), shall begin on the day any sequestration 
     order is issued under section 254, and shall not exceed the 
     aggregate amount of the reduction in outlays under the milk 
     price support program that otherwise would have been achieved 
     by reducing payments for the purchase of milk or the products 
     of milk under this subsection during the applicable fiscal 
     year.''.
       (g) Effects of Sequestration.--Section 256(k) of the 
     Balanced Budget and Emergency Deficit Control Act of 1985 is 
     amended as follows:
       (1) in paragraph (1), strike ``other than a trust or 
     special fund account'' and insert ``, except as provided in 
     paragraph (5)'' before the period; and
       (2) strike paragraph (4), redesignate paragraphs (5) and 
     (6) as paragraphs (4) and (5), respectively, and amend 
     paragraph (5) (as redesignated) to read as follows:
       ``(5) Budgetary resources sequestered in revolving, trust, 
     and special fund accounts, and offsetting collections 
     sequestered in appropriation accounts shall not be available 
     for obligation during the fiscal year in which the 
     sequestration occurs, but shall be available in subsequent 
     years to the extent otherwise provided in law.''.

     SEC. 1559. THE BASELINE.

       (a) In General.--Section 257 of the Balanced Budget and 
     Emergency Deficit Control Act of 1985 is amended--
       (1) by striking subsection (b)(2)(A) and inserting the 
     following:
       ``(A)(i) No program with estimated current year outlays 
     greater than $50 million shall be assumed to expire in the 
     budget year or the outyears except as provided in clause 
     (ii).
       ``(ii) If legislation eliminates direct spending authority 
     for a program for the budget year or any outyear and such 
     legislation provides that the Federal Government has no legal 
     authority or obligation to incur financial obligations for 
     such program, clause (i) shall not apply and CBO and OMB, as 
     appropriate, may score such legislation with the budget 
     authority and outlay effects resulting from terminating such 
     program as provided in such legislation and the baseline may 
     assume the expiration of that program as provided in such 
     legislation.'';
       (2) by adding the end of subsection (b)(2) the following 
     new subparagraph:
       ``(D) If any law expires before the budget year or any 
     outyear, then any program with estimated current year outlays 
     greater than $50 million which operates under that law shall 
     be assumed to continue to operate under that law as in effect 
     immediately before its expiration.'';
       (3) in subsection (c)(5), in the second sentence, by 
     striking ``national product fixed-weight price index'' and 
     inserting ``domestic product chain-type price index''; and
       (4) by striking subsection (e) and inserting the following:
       ``(e) Asset Sales.--Amounts realized from the sale of an 
     asset shall not be counted for purposes of sections 251, 252, 
     and 253 against legislation if that sale would result in a 
     financial cost to the Federal Government.''.
       (b) Budgetary Treatment of Certain Trust Fund Operations.--
     Section 710 of the Social Security Act (42 U.S.C. 911) is 
     amended to read as follows:

             ``budgetary treatment of trust fund operations

       ``Sec. 710. (a) The receipts and disbursements of the 
     Federal Old-Age and Survivors Insurance Trust Fund and the 
     Federal Disability Insurance Trust Fund and the taxes imposed 
     under sections 1401 and 3101 of the Internal Revenue Code of 
     1986 shall not be included in the totals of the budget of the 
     United States Government as submitted by the President or of 
     the congressional budget and shall be exempt from any general 
     budget limitation imposed by statute on expenditures and net 
     lending (budget outlays) of the United States Government.
       ``(b) No provision of law enacted after the date of 
     enactment of the Balanced Budget and Emergency Deficit 
     Control Act of 1985 (other than a provision of an 
     appropriation Act that appropriated funds authorized under 
     the Social Security Act as in effect on the date of the 
     enactment of the Balanced Budget and Emergency Deficit 
     control Act of 1985) may provide for payments from the 
     general fund of the Treasury to any Trust Fund specified in 
     paragraph (1) or for payments from any such Trust Fund to the 
     general fund of the Treasury.''.

     SEC. 1560. TECHNICAL CORRECTION.

       Section 258 of the Balanced Budget and Emergency Deficit 
     Control Act of 1985, entitled ``Modification of Presidential 
     Order'', is repealed.

     SEC. 1561. JUDICIAL REVIEW.

       Section 274 of the Balanced Budget and Emergency Deficit 
     Control Act of 1985 is amended as follows:
       (1) Strike ``252'' or ``252(b)'' each place it appears and 
     insert ``254''.
       (2) In subsection (d)(1)(A), strike ``257(l) to the extent 
     that'' and insert ``256(a) if'', strike the parenthetical 
     phrase, and at the end insert ``or''.
       (3) In subsection (d)(1)(B), strike ``new budget'' and all 
     that follows through ``spending authority'' and insert 
     ``budgetary resources'' and strike ``or'' after the comma.
       (4) Strike subsection (d)(1)(C).
       (5) Strike subsection (f) and redesignate subsections (g) 
     and (h) as subsections (f) and (g), respectively.
       (6) In subsection (g) (as redesignated), strike ``base 
     levels of total revenues and total budget outlays, as'' and 
     insert ``figures'', and ``251(a)(2)(B) or (c)(2),'' and 
     insert ``254''.

     SEC. 1562. EFFECTIVE DATE.

       (a) Expiration.--Section 275(b) of the Balanced Budget and 
     Emergency Deficit Control Act of 1985 is amended--
       (1) by striking ``Part C of this title, section'' and 
     inserting ``Sections 251, 252, 253, 258B, and'';
       (2) by striking ``1995'' and inserting ``2002''; and
       (3) by adding at the end the following new sentence: ``The 
     remaining sections of part C of this title shall expire 
     September 30, 2006.''.
       (b) Expiration.--Section 14002(c)(3) of the Omnibus Budget 
     Reconciliation Act of 1993 is repealed.

[[Page S6541]]

     SEC. 1563. REDUCTION OF PREEXISTING BALANCES AND EXCLUSION OF 
                   EFFECTS OF THIS ACT FROM PAYGO SCORECARD.

       Upon the enactment of this Act, the Director of the Office 
     of Management and Budget shall--
       (1) reduce any balances of direct spending and receipts 
     legislation for any fiscal year under section 252 of the 
     Balanced Budget and Emergency Deficit Control Act of 1985 to 
     zero; and
       (2) not make any estimates of changes in direct spending 
     outlays and receipts under subsection (d) of such section 252 
     for any fiscal year resulting from the enactment of this Act 
     or any Act enacted pursuant to section 104 or 105 of House 
     Concurrent Resolution 84 (105th Congress).
                                 ______
                                 

                 ABRAHAM (AND OTHERS) AMENDMENT NO. 538

  (Ordered to lie on the table.)
  Mr. ABRAHAM (for himself, Mr. Brownback, Mr. Kyl, Mr. Sessions, Mr. 
Enzi, Mr. Inhofe, and Mr. Grams) submitted an amendment intended to be 
proposed by them to the bill, S. 949, supra; as follows:

       In the pending amendment, insert the following at the 
     appropriate place:

     SEC.   . ECONOMIC GROWTH PROTECTION.

       Section 252 of the Balanced Budget and Emergency Deficit 
     Control Act of 1985 (2 U.S.C. 902) is amended by adding at 
     the end the following:
     ``(f) Economic Growth Protection.--
       ``(1) Estimate.--OMB shall, for any amount by which 
     revenues for a budget year and any out-years through fiscal 
     year 2002 exceed the revenue target absent growth, estimate 
     the excess and include such estimate as a separate entry in 
     the report prepared pursuant to subsection (d) at the same 
     time as the OMB sequestration preview report is issued.
       ``(2) Inclusion in scorecard. OMB shall include the amount 
     of any change in revenues determined pursuant to paragraph 
     (1) as a deficit decrease under this part in the estimates 
     and reports required by subsection (b) of section 254 unless 
     such amount is offset by legislation enacted in compliance 
     with paragraph (3).
       ``(3) Use of adjustment.--An amount not to exceed the 
     amount of deficit decrease determined under paragraph (2) may 
     be offset by legislation decreasing revenues.
       ``(4) Revenue target absent growth.--For purposes of this 
     subsection, the revenue target absent growth is--
       ``(A) for fiscal year 1998, $1,601,800,000,000;
       ``(B) for fiscal year 1999, $1,664,200,000,000;
       ``(C) for fiscal year 2000, $1,728,100,000,000;
       ``(D) for fiscal year 2001, $1,805,100,000,000;
       ``(E) for fiscal year 2002, $1,890,400,000,000.''

     SEC.   . CONGRESSIONAL PAY-AS-YOU-GO

       Legislation decreasing revenues in compliance with section 
     252(f)(3) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985, as added by section   , shall be 
     considered to be in order for purposes of section 202 of 
     House Concurrent Resolution 67 (104th Congress).
                                 ______
                                 

                  BIDEN (AND GRAMM) AMENDMENT NO. 539

  Mr. BIDEN (for himself and Mr. Gramm) proposed an amendment to 
amendment No. 537 proposed by Mr. Domenici to the bill, S. 949, supra; 
as follows:

       On page 43 of the amendment, strike lines 14 through 21 and 
     insert the following:
       ``(5) with respect to fiscal year 2001--
       ``(A) for the discretionary category: $537,677,000,000 in 
     new budget authority and $558,460,000,000 in outlays; and
       ``(B) for the violent crime reduction category: 
     $4,355,000,000 in new budget authority and $5,936,000,000 in 
     outlays;
       ``(6) with respect to fiscal year 2002--
       ``(A) for the discretionary category: $546,619,000,000 in 
     new budget authority and $556,314,000,000 in outlays; and
       ``(B) for the violent crime reduction category: 
     $4,455,000,000 in new budget authority and $4,485,000,000 in 
     outlays;

     as adjusted in strict conformance with subsection (b).''.
       (2) Transfers into the fund.--On the first day of the 
     following fiscal years, the following amounts shall be 
     transferred from the general fund to the Violent Crime 
     Reduction Trust Fund--
       (A) for fiscal year 2001, $4,355,000,000; and
       (A) for fiscal year 2002, $4,455,000,000.
                                 ______
                                 

                         BYRD AMENDMENT NO. 540

  Mr. BYRD proposed an amendment to the bill, S. 949, supra; as 
follows:
       At the end of the bill, add the following:
            TITLE __--ALCOHOL ADVERTISING RESPONSIBILITY ACT

     SEC. __01. SHORT TITLE.

       This title may be cited as the ``Alcohol Advertising 
     Responsibility Act''.

     SEC. __02. FINDINGS AND PURPOSES.

       (a) Findings.--Congress finds that--
       (1) alcohol is used by more Americans than any other drug;
       (2) it is estimated that the costs to society from 
     alcoholism and alcohol abuse were approximately 
     $100,000,000,000 in 1990 alone;
       (3) in 1995, the alcoholic beverage industry spent 
     $1,040,300,000 on advertising, while the National Institute 
     for Alcohol Abuse and Alcoholism was funded at only 
     $181,445,000;
       (4) more than 100,000 deaths each year in the United States 
     result from alcohol-related causes;
       (5) 41.3 percent of all traffic fatalities in 1995, or 
     17,274 deaths, were alcohol related;
       (6) in addition to severe health consequences, alcohol 
     misuse is involved in approximately 30 percent of all 
     suicides, 50 percent of homicides, 68 percent of manslaughter 
     cases, 52 percent of rapes and other sexual assaults, 48 
     percent of robberies, 62 percent of assaults, and 49 percent 
     of all other violent crimes;
       (7) approximately 30 percent of all accidental deaths are 
     attributable to alcohol abuse;
       (8) alcohol advertising may influence children's 
     perceptions toward and inclinations to consume alcoholic 
     beverages;
       (9) 26 percent of eighth graders, 40 percent of tenth 
     graders, and 51 percent of twelfth graders report having used 
     alcohol in the past month; and
       (10) college presidents nationwide view alcohol abuse as 
     their paramount campus-life problem.
       (b) Purposes.--The purposes of this title are--
       (1) to repeal the existing tax subsidization for expenses 
     incurred to promote the consumption of alcoholic beverages;
       (2) to reduce the amount of alcohol advertising to which 
     our Nation's youth are exposed; and
       (3) to increase funding for those programs that educate and 
     prevent the abuse of alcohol among our Nation's youth.

     SEC. __03. DISALLOWANCE OF DEDUCTION FOR ADVERTISING AND 
                   PROMOTION EXPENSES RELATING TO ALCOHOLIC 
                   BEVERAGES.

       (a) In General.--Part IX of subchapter B of chapter 1 
     (relating to items not deductible) is amended by adding at 
     the end the following:

     ``SEC. 280I. ADVERTISING AND PROMOTION EXPENDITURES RELATING 
                   TO ALCOHOLIC BEVERAGES.

       ``(a) In General.--No deduction otherwise allowable under 
     this chapter shall be allowed for any amount paid or incurred 
     to advertise or promote by any means any alcoholic beverage.
       ``(b) Alcoholic Beverage.--For purposes of this section, 
     the term `alcoholic beverage' means any item which is subject 
     to tax under subpart A, C, or D of part I of subchapter A of 
     chapter 51 (relating to taxes on distilled spirits, wines, 
     and beer).''.
       (b) Conforming Amendment.--The table of sections for part 
     IX of subchapter B of chapter 1 is amended by adding at the 
     end the following:

``Sec. 280I. Advertising and promotion expenditures relating to 
              alcoholic beverages.''.

       (c) Effective Date.--The amendments made by this section 
     shall apply to amounts paid or incurred in taxable years 
     beginning after December 31 of the year in which this Act is 
     enacted.

     SEC. __04. ALCOHOL ABUSE EDUCATION AND PREVENTION AMONG 
                   YOUTH.

       (a) In General.--Subject to subsection (c), there shall be 
     transferred, from funds in the Treasury not otherwise 
     appropriated, to the entities described in subsection (b) 
     amounts to the extent specified under subsection (b).
       (b) Education and Prevention Programs.--
       (1) Substance abuse and mental health services 
     administration.--The amounts specified in this subsection 
     shall be:
       (A) In general.--With respect to the Substance Abuse and 
     Mental Health Services Administration, $120,000,000 for 
     fiscal year 1998, $180,000,000 for fiscal year 1999, 
     $180,000,000 for fiscal year 2000, $210,000,000 for fiscal 
     year 2001, and $210,000,000 for fiscal year 2002, to 
     supplement substance abuse prevention activities authorized 
     under section 501 of the Public Health Service Act (42 U.S.C. 
     290aa).
       (B) Use of funds.--Amounts provided to the Substance Abuse 
     and Mental Health Services Administration under subparagraph 
     (A) shall be used directly or through grants and cooperative 
     agreements to carry out activities to prevent the use of 
     alcohol among youth, including the development and 
     distribution of public service announcements.
       (2) Centers for disease control and prevention.--
       (A) In general.--With respect to the Centers for Disease 
     Control and Prevention, $120,000,000 for fiscal year 1998, 
     $180,000,000 for fiscal year 1999, $180,000,000 for fiscal 
     year 2000, $210,000,000 for fiscal year 2001, and 
     $210,000,000 for fiscal year 2002, to carry out a 
     comprehensive strategy to prevent alcohol-related disease and 
     disability.
       (B) Required uses.--In carrying out the comprehensive 
     strategy under subparagraph (A), the Centers for Disease 
     Control and Prevention shall--
       (i) enhance and expand State-based and national 
     surveillance activities to monitor the scope of alcohol use 
     among the youth of the United States;
       (ii) enhance comprehensive school-based health programs 
     that focus on alcohol use prevention strategies;
       (iii) develop and distribute commercial advertising to 
     prevent alcohol abuse among youth; and
       (iv) enhance and expand Fetal Alcohol Syndrome prevention 
     activities throughout the United States.
       (3) National highway traffic safety administration.--With 
     respect to the National

[[Page S6542]]

     Highway Traffic Safety Administration, and in addition to any 
     funds authorized from the Highway Trust Fund, $120,000,000 
     for fiscal year 1998, $180,000,000 for fiscal year 1999, 
     $180,000,000 for fiscal year 2000, $210,000,000 for fiscal 
     year 2001, and $210,000,000 for fiscal year 2002, to carry 
     out programs under sections 402, 403, and 410 of title 23, 
     United States Code, and to develop and implement a paid media 
     campaign targeting high-risk youth populations to improve the 
     balance of media messages related to alcohol impaired 
     driving.
       (4) Indian health service.--With respect to the Indian 
     Health Service, $40,000,000 for fiscal year 1998, $60,000,000 
     for fiscal year 1999, $60,000,000 for fiscal year 2000, 
     $70,000,000 for fiscal year 2001, and $70,000,000 for fiscal 
     year 2002, to supplement the programs that such Service is 
     authorized to carry out pursuant to titles II and III of the 
     Public Health Service Act (42 U.S.C. 202 et seq., 241 et 
     seq.).
       (c) Authority to Transfer Funds.--The Committee on 
     Appropriations of the House of Representatives and the 
     Committee on Appropriations of the Senate, acting through 
     appropriations Acts, may transfer the amounts specified under 
     subsection (b) in each fiscal year among the entities 
     referred to in such subsection.
                                 ______
                                 

                       BINGAMAN AMENDMENT NO. 541

  (Ordered to lie on the table.)
  Mr. BINGAMAN submitted an amendment intended to be proposed by him to 
the bill, S. 949, supra; as follows:

       Beginning on page 79, line 4, strike all through page 88, 
     line 7.
                                 ______
                                 

                        BIDEN AMENDMENT NO. 542

  (Ordered to lie on the table.)
  Mr. BIDEN submitted an amendment intended to be proposed by him to 
the bill, S. 949, supra; as follows:

       At the appropriate place, insert the following:

     SEC.   . SURVIVOR BENEFITS FOR PUBLIC SAFETY OFFICERS KILLED 
                   IN THE LINE OF DUTY.

       (a) In General.--Part III of subchapter B of chapter 1 
     (relating to items specifically excluded from gross income) 
     is amended by redesignating section 138 as section 139 and by 
     inserting after section 137 the following new section:

     ``SEC. 138. SURVIVOR BENEFITS ATTRIBUTABLE TO SERVICE BY A 
                   PUBLIC SAFETY OFFICER WHO IS KILLED IN THE LINE 
                   OF DUTY.

       ``(a) In General.--Gross income shall not include any 
     amount paid as a survivor annuity on account of the death of 
     a public safety officer (as such term is defined in section 
     1204 of the Omnibus Crime Control and Safe Streets Act of 
     1968) killed in the line of duty--
       ``(1) if such annuity is provided under a governmental plan 
     which meets the requirements of section 401(1) to the spouse 
     (or a former spouse) of the public safety officer or to a 
     child of such officer; and
       ``(2) to the extent such annuity is attributable to such 
     officer's service as a public safety officer.
       ``(b) Exceptions.--
       ``(1) In General.--Subsection (a) shall not apply with 
     respect to the death of any public safety officer if--
       ``(A) the death was caused by the intentional misconduct of 
     the officer or by such officer's intention to bring about 
     such officer's death;
       ``(B) the officer was voluntarily intoxicated (as defined 
     in section 1204 of the Omnibus Crime Control and Safe Streets 
     Act of 1968) at the time of death; or
       ``(C) the officer was performing such officer's duties in a 
     grossly negligent manner at the time of death.
       ``(2) Exemption for benefits paid to certain individuals.--
     Subsection (a) shall not apply to any payment to an 
     individual whose actions were a substantial contributing 
     factor to the death of the officer.
       (b) Effective Date.--The amendments made by this subsection 
     shall apply to amounts received in taxable years beginning 
     after December 31, 1996, with respect to individuals dying 
     after such date.
                                 ______
                                 

                 THOMAS (AND OTHERS) AMENDMENT NO. 543

  (Ordered to lie on the table.)
  Mr. THOMAS (for himself, Mr. Enzi, and Mr. Conrad) submitted an 
amendment intended to be proposed by them to the bill, S. 949, supra; 
as follows:

       On page 267, between lines 15 and 16, insert the following:

     SEC.  . EXTENSION OF BINDING CONTRACT DATE FOR BIOMASS AND 
                   COAL FACILITIES.

       (a) In General.--Subparagraph (A) of section 29(g)(1) 
     (relating to the extension of certain facilities) is amended 
     by striking ``July 1, 1998'' and inserting ``July 1, 1999''.
       (b) Effective Date.--The amendment made by this section 
     shall take effect on the date of enactment of this Act.
       On page 400, between lines 14 and 15, insert the following:

     SEC.  . DETERMINATION OF ORIGINAL ISSUE DISCOUNT WHERE POOLED 
                   DEBT OBLIGATIONS SUBJECT TO ACCELERATION.

       (a) In General.--Subparagraph (C) of section 1272(a)(6) 
     (relating to debt instruments to which the paragraph applies) 
     is amended by striking ``or'' at the end of clause (i), by 
     striking the period at the end of clause (ii) and inserting 
     ``, or'', and by inserting after clause (i) the following:
       ``(iii) any pool of debt instruments the yield on which may 
     be reduced by reason of prepayments (or to the extent 
     provided in regulations, by reason of other events).
       To the extent provided in regulations prescribed by the 
     Secretary, in the case of a business engaged in the trade or 
     business of selling tangible personal property at retail, 
     clause (iii) shall not apply to debt instruments incurred in 
     the ordinary course of such trade or business.''
       (b) Effective Dates.--
       (1) In general.--The amendment made by this subsection 
     shall apply to taxable years beginning after the date of 
     enactment of this Act.
       (2) Change of method of accounting.--In the case of any 
     taxpayer required by this section to change its method of 
     accounting for its first taxable year beginning after the 
     date of enactment of this Act--
       (A) such change shall be treated as initiated by the 
     taxpayer,
       (B) such change shall be treated as made with the consent 
     of the Secretary; and
       (C) the net amount of the adjustments required to be taken 
     into account by the taxpayer under section 481 of the 
     Internal Revenue Code of 1986 shall be taken into account 
     ratably over the 4-taxable-year period beginning with such 
     first taxable year.
                                 ______
                                 

                    SPECTER AMENDMENTS NOS. 544-546

  (Ordered to lie on the table)
  Mr. SPECTER submitted three amendments intended to be proposed by him 
to the bill, S. 949, supra; as follows:

                           Amendment No. 544

       At the appropriate place in the bill, insert the following 
     new section:

     SEC.   . SENSE OF THE SENATE.

       (a) Findings.--The Senate finds that--
       (1) the Centers for Disease Control and Prevention has 
     identified tobacco use as the leading preventable cause of 
     death in the United States, causing more than 400,000 deaths 
     each year, resulting in more than $50 billion in direct 
     medical costs each year;
       (2) funds appropriated to the National Institutes of Health 
     comprise 30 percent of national expenditures on health 
     research and development; and
       (3) biomedical research has been shown to be effective in 
     saving lives and reducing health care expenditures.
       (b) Sense of the Senate.--It is the sense of the Senate 
     that if Congress considers legislation implementing the 
     tobacco litigation settlement, such legislation should ensure 
     that funds from the settlement are used for disease 
     prevention research and medical treatment research for 
     diseases linked to tobacco use.
                                  ____


                           Amendment No. 545

       At the appropriate place in the bill, insert the following 
     new section:

     SEC.   . SENSE OF THE SENATE.

       (a) Findings.--The Senate finds that--
       (1) The current Internal Revenue Code, with its myriad 
     deductions, credits and schedules, and over 12,000 pages of 
     rules and regulations, is long overdue for a complete 
     overhaul;
       (2) It is an unacceptable waste of our nation's precious 
     resources when Americans spend an estimated 5.4 billion hours 
     every year compiling information and filling out Internal 
     Revenue Code tax forms, and in addition, spend hundreds of 
     billions of dollars every year in tax code compliance. 
     America's resources could be dedicated to far more productive 
     pursuits; and
       (3) The primary goals of any tax reform must be fairness, 
     simplicity, unleashing economic growth and removing the 
     inefficiencies of the current tax code;
       (b) Sense of the Senate.--It is the sense of the Senate 
     that Congress should proceed expeditiously to consider 
     fundamental tax reform legislation which would replace the 
     current tax code with a fairer, simpler, pro-growth and 
     deficit neutral tax.
  On page 20, between lines 5 and 6, insert the following:

     SEC. 105. ADOPTION EXPENSES.

       (a) Distributions From Certain Plans May Be Used Without 
     Penalty To Pay Adoption Expenses.--
       (1) In general.--Section 72(t)(2) (relating to exceptions 
     to 10-percent additional tax on early distributions from 
     qualified retirement plans) is amended by adding at the end 
     the following:
       ``(E) Distributions from certain plans for adoption 
     expenses.--Distributions to an individual from an individual 
     retirement plan of so much of the qualified adoption expenses 
     (as defined in section 23(d)(1)) of the individual as does 
     not exceed $2,000.''.
       (2) Conforming amendment.--Section 72(t)(2)(B) is amended 
     by striking ``or (D)'' and inserting ``, (D) or (E)''.
       (3) Effective date.--The amendments made by this subsection 
     shall apply to payments and distributions after December 31, 
     1996.
                                 ______
                                 

                  LEVIN (AND McCAIN) AMENDMENT NO. 547

  (Ordered to lie on the table.)

[[Page S6543]]

  Mr. LEVIN (for himself and Mr. McCain) submitted an amendment 
intended to be proposed by him to the bill, S. 949, supra; as follows:

       On page 267, between lines 15 and 16, insert the following:

     SEC.  . SENSE OF THE SENATE REGARDING TAX TREATMENT OF STOCK 
                   OPTIONS.

  (a) Findings.--The Senate finds that--
  (1) currently businesses can deduct the value of stock options as a 
business expense on their income tax returns, even though the stock 
options are not treated as an expense on the books of those same 
businesses; and
  (2) stock options are the only form of compensation that is treated 
in this way.
  (b) Sense of the Senate.--It is the sense of the Senate that the 
Committee on Finance of the Senate should hold hearings on the tax 
treatment of stock options.
                                 ______
                                 

                        McCAIN AMENDMENT NO. 548

  (Ordered to lie on the table.)
  Mr. McCAIN submitted an amendment intended to be proposed by him to 
the bill, S. 949, supra; as follows:

       Strike section 707 of the bill.
                                 ______
                                 

                     D'AMATO AMENDMENTS NO. 549-550

  (Ordered to lie on the table.)
  Mr. D'AMATO submitted two amendments intended to be proposed by him 
to the bill, S. 949, supra; as follows:

                           Amendment No. 549

       On page 106, beginning with line 10, strike all through 
     page 107, line 18, and insert:
       ``(2) Eligible gain.--The term `eligible gain' means any 
     gain from the sale or exchange of qualified small business 
     stock held for more than 6 months.
       ``(3) Purchase.--A taxpayer shall be treated as having 
     purchased any property if, but for paragraph (4), the 
     unadjusted basis of such property in the hands of the 
     taxpayer would be its cost (within the meaning of section 
     1012).
       ``(4) Basis adjustments.--If gain from any sale is not 
     recognized by reason of subsection (a), such gain shall be 
     applied to reduce (in the order acquired) the basis for 
     determining gain or loss of any qualified small business 
     stock which is purchased by the taxpayer during the 60-day 
     period described in subsection (a).
       ``(c) Special Rules for Treatment of Replacement Stock.--
       ``(1) Holding period for accrued gain.--For purposes of 
     this chapter, gain from the disposition of any replacement 
     qualified small business stock shall be treated as gain from 
     the sale of exchange of qualified small business stock held 
     more than 6 monhts to the extent that the amount of such gain 
     does not exceed the amount of the reduction in the basis of 
     such stock by reason of subsection (b)(4).
       ``(2) Tacking of holding period for purposes of deferral.--
     Solely for purposes of applying this section, if any 
     replacement qualified small business stock is disposed of 
     before the taxpayer has held such stock for more than 6 
     months, gain from such stock shall be treated eligible gain 
     for purposes of subsection (a).
       On page 400, between lines 14 and 15, insert:

     SEC.   . WITHHOLDING ON GUARANTEED PAYMENTS RECEIVED BY 
                   LIMITED PARTNERS OF PROFESSIONAL SERVICE 
                   PARTNERSHIPS.

       (a) In General.--Section 3401 (relating to withholding on 
     wages) is amended by adding at the end the following new 
     subsection:
       ``(i) Special Rule for Guaranteed Payments of Certain 
     Limited Partners.--
       ``(1) In general.--For purposes of this chapter, the term 
     `wages' shall include any guaranteed payments described in 
     section 707 (a) or (c) to a limited partner of a professional 
     service partnership for services actually rendered to or on 
     behalf of the partnership to the extent that such payments 
     are established to be in the nature of remuneration for such 
     services.
       ``(2) Professional service partnership.--For purposes of 
     paragraph (1), the term `professional service partnership' 
     means a partnership substantially all of the services of 
     which are in the fields of health, law, engineering, 
     architecture, accounting, actuarial science, performing 
     arts, or consulting.
       ``(3) Treatment as employer and employee.--Solely for 
     purposes of applying this chapter to payments described in 
     paragraph (1)--
       ``(A) the professional service partnership shall be treated 
     as an employer, and
       ``(B) the limited partner shall be treated as an 
     employee.''
       (b) Effective Date.--The amendment made by this section 
     shall apply to payments with respect to services performed 
     after December 31, 1997.
                                  ____


                           Amendment No. 550

       On page 267, between lines 15 and 16, insert the following:

     SEC.   . REMOVAL OF DOLLAR LIMITATION ON BENEFIT PAYMENTS 
                   FROM A DEFINED BENEFIT PLAN MAINTAINED FOR 
                   CERTAIN POLICE AND FIRE EMPLOYEES.

       (a) In General.--Subparagraph (G) of section 415(b)(2) is 
     amended by striking ``participant--'' and all that follows 
     and inserting ``participant, subparagraphs (C) and (D) of 
     this paragraph and subparagraph (B) of paragraph (1) shall 
     not apply.''
       (b) Effective Date.--The amendment made by subsection (a) 
     shall apply to years beginning after December 31, 1996.
                                 ______
                                 

                 NICKLES (AND OTHERS) AMENDMENT NO. 551

  Mr. NICKLES (for himself, Mr. Hagel, Mr. Cleland, Mr. Domenici, and 
Mr. Thurmond) proposed an amendment to the bill, S. 949, supra; as 
follows:

       On page 212, between lines 11 and 12, insert:

     SEC. __. INCREASE IN DEDUCTION FOR HEALTH INSURANCE COSTS OF 
                   SELF-EMPLOYED INDIVIDUALS.

       (a) In General.--The table contained in section 
     162(l)(1)(B) is amended to read as follows:

The applicable percentage is--in calendar year--
  1997..........................................................50 ....

  1998..........................................................55 ....

  1999 through 2001.............................................60 ....

  2002..........................................................65 ....

  2003 through 2005.............................................80 ....

  2006..........................................................90 ....

  2007 or thereafter.........................................100.''....

       (b) Effective Date.--The amendment made by this section 
     shall apply to taxable years beginning after December 31, 
     1996.
       On page 159, line 15, strike ``December 31, 1999'' and 
     insert ``May 31, 1999''.
       On page 159, line 18, strike ``42-month'' and insert ``35-
     month''.
       On page 159, line 19, strike ``42 months'' and insert ``35 
     months''.
       On page 160, lines 10 and 11, strike ``December 31, 1999'' 
     and insert ``May 31, 1999''.
       On page 160, lines 19 and 20, strike ``December 31, 1999'' 
     and insert ``May 31, 1999''.
       On page 400, between lines 14 and 15, insert:

     SEC. __. MODIFICATION OF RULES FOR ALLOCATING INTEREST 
                   EXPENSE TO TAX-EXEMPT INTEREST.

       (a) Pro Rata Allocation Rules Applicable to Corporations.--
       (1) In general.--Paragraph (1) of section 265(b) is amended 
     by striking ``In the case of a financial institution'' and 
     inserting ``In the case of a corporation''.
       (2) Only obligations acquired after June 8, 1997, taken 
     into account.--Subparagraph (A) of section 265(b)(2) is 
     amended by striking ``August 7, 1986'' and inserting ``June 
     8, 1997 (August 7, 1986, in the case of a financial 
     institution)''.
       (3) Small issuer exception not to apply.--Subparagraph (A) 
     of section 265(b)(3) is amended by striking ``Any qualified'' 
     and inserting ``In the case of a financial institution, any 
     qualified''.
       (4) Exception for certain bonds acquired on sale of goods 
     or services.--Subparagraph (B) of section 265(b)(4) is 
     amended by adding at the end the following new sentence: ``In 
     the case of a taxpayer other than a financial institution, 
     such term shall not include a nonsalable obligation acquired 
     by such taxpayer in the ordinary course of business as 
     payment for goods or services provided by such taxpayer to 
     any State or local government.''
       (5) Look-thru rules for partnerships.--Paragraph (6) of 
     section 265(b) is amended by adding at the end the following 
     new subparagraph:
       ``(C) Look-thru rules for partnerships.--In the case of a 
     corporation which is a partner in a partnership, such 
     corporation shall be treated for purposes of this subsection 
     as holding directly its allocable share of the assets of the 
     partnership.''
       (6) Application of pro rata disallowance on affiliated 
     group basis.--Subsection (b) of section 265 is amended by 
     adding at the end the following new paragraph:
       ``(7) Application of disallowance on affiliated group 
     basis.--
       ``(A) In general.--For purposes of this subsection, all 
     members of an affiliated group filing a consolidated return 
     under section 1501 shall be treated as 1 taxpayer.
       ``(B) Treatment of insurance companies.--This subsection 
     shall not apply to an insurance company, and subparagraph (A) 
     shall be applied without regard to any member of an 
     affiliated group which is an insurance company.''
       (6) De minimis exception for nonfinancial institutions.--
     Subsection (b) of section 265 is amended by adding at the end 
     the following new paragraph:
       ``(8) De minimis exception for nonfinancial institutions.--
     In the case of a corporation, paragraph (1) shall not apply 
     for any taxable year if the amount described in paragraph 
     (2)(A) with respect to such corporation does not exceed the 
     lesser of--
       ``(A) 2 percent of the amount described in paragraph 
     (2)(B), or
       ``(B) $1,000,000.

     The preceding sentence shall not apply to a financial 
     institution or to a dealer in tax-exempt obligations.''
       (7) Clerical amendment.--The subsection heading for section 
     265(b) is amended by striking ``Financial Institutions'' and 
     inserting ``Corporations''.
       (b) Application of Section 265(a)(2) With Respect to 
     Controlled Groups.--Paragraph (2) of section 265(a) is 
     amended after

[[Page S6544]]

     ``obligations'' by inserting ``held by the taxpayer (or any 
     corporation which is a member of a controlled group (as 
     defined in section 267(f)(1)) which includes the taxpayer)''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after the date of the 
     enactment of this Act.
                                 ______
                                 

                  GRAMM (AND OTHERS) AMENDMENT NO. 552

  Mr. GRAMM (for himself, Mr. Coats, Mr. Nickles, Mr. Hutchinson, Mr. 
Grams, Mr. Smith of New Hampshire, Mr. Sessions, Mr. Abraham, and Mr. 
Thurmond) proposed an amendment to the bill, S. 949, supra; as follows:

       At the appropriate place, insert:

     SECTION 1. CHILD TAX CREDIT FLEXIBILITY.

       On page 12, line 13, strike all through page 13, line 8, 
     and on page 16, line 3, strike all through page 17, line 6.
                                 ______
                                 

                 SHELBY (AND OTHERS) AMENDMENT NO. 553

  Mr. ROTH (for Mr. Shelby, for himself, Mr. Craig, Mr. Abraham, Mr. 
Faircloth, Mr. Santorum, Mr. Coverdell, Mr. Gramm, and Mr. Sessions) 
proposed an amendment to the bill, S. 949, supra; as follows:

       At the end of page 11, insert the following:

     SEC.   . SENSE OF THE SENATE REGARDING REFORM OF THE INTERNAL 
                   REVENUE CODE OF 1986.

       (a) Findings.--The Senate find that--
       (1) the Internal Revenue Code of 1986 (``tax code'') is 
     unnecessarily complex, having grown from 14 pages at its 
     inception to 3,458 pages by 1995;
       (2) this complexity resulted in taxpayers spending about 
     5,300,000,000 hours and $225,000,000,000 trying to comply 
     with the tax code in 1996;
       (3) the current congressional budgetary process is weighted 
     too heavily toward tax increase, as evidenced by the fact 
     that since 1954 there have been 27 major bills enacted that 
     increased Federal income taxes and only 9 bills that 
     decreased Federal income taxes, 3 of which were de minimis 
     decreases;
       (4) the tax burden on working families has reach an 
     unsustainable level, as evidenced by the fact that in 1948 
     the average American family with children paid only 4.3 
     percent of its income to the Federal Government in direct 
     taxes and today the average family pays about 25 percent;
       (5) the tax code unfairly penalizes saving and investment 
     by double taxing these activities while only taxing income 
     used for consumption once, and as a result the United States 
     has one of the lowest savings rates, at 4.7 percent, in the 
     industrialized world;
       (6) the tax code stifles economic growth by discouraging 
     work and capital formation through excessively high tax 
     rates;
       (7) Congress and the President have found it necessary, on 
     2 separate occasions, to enact laws to protect taxpayers from 
     the abuses of the Internal Revenue Service and a third bill 
     has been introduced by the 105th Congress; and
       (8) the complexity of the tax code has increased the number 
     of Internal Revenue Service employees responsible for 
     administering the tax laws to 110,000 and this costs the 
     taxpayers $9,800,000,000 each year.
       (b) Sense of the Senate.--It is the sense of the Senate 
     that--
       (1) the Internal Revenue Code of 1986 needs broad-based 
     reform; and
       (2) the President should submit to Congress a comprehensive 
     proposal to reform the Internal Revenue Code of 1986.
                                 ______
                                 

                  KERRY (AND OTHERS) AMENDMENT NO. 554

  Mr. KERRY (for himself, Mr. Conrad, and Mr. Johnson) proposed an 
amendment to the bill, S. 949, supra; as follows:

       On page 13, beginning with line 9, strike all through page 
     17, line 12, and insert the following:
       ``(2) Limitation based on adjusted gross income.--The 
     dollar amount in subsection (a) shall be reduced (but not 
     below zero) ratably for each $1,000 (or fraction thereof) by 
     which the taxpayer's modified adjusted gross income exceeds 
     $60,000 but does not exceed $75,000. For purposes of the 
     preceding sentence, the term `modified adjusted gross income' 
     means adjusted gross income increased by any amount excluded 
     from gross income under section 911, 931, or 933.
       ``(3) Limitation based on amount of tax.--The aggregate 
     credit allowed by subsection (a) (determined after paragraph 
     (2)) shall not exceed the sum of--
       ``(A) the excess (if any) of--
       ``(i) the taxpayer's regular tax liability for the taxable 
     year reduced by the credits allowable against such tax under 
     this subpart (other than this section), over
       ``(ii) the taxpayer's tentative minimum tax for such 
     taxable year (determined without regard to the alternative 
     minimum tax foreign tax credit), plus
       ``(B) the excess (if any) of--
       ``(i) the sum of--
       ``(I) the taxpayer's liability for the taxable year under 
     sections 3101 and 3201,
       ``(II) the amount of tax paid on behalf of such taxpayer 
     for the taxable year under sections 3111 and 3221, plus
       ``(III) the taxpayer's liability for such year under 
     sections 1401 and 3211, over
       ``(ii) the credit allowed for the taxable year under 
     section 32.
       ``(c) Qualifying Child.--For purposes of this section--
       ``(1) In general.--The term `qualifying child' means any 
     individual if--
       ``(A) the taxpayer is allowed a deduction under section 151 
     with respect to such individual for the taxable year,
       ``(B) such individual has not attained the applicable age 
     as of the close of the calendar year in which the taxable 
     year of the taxpayer begins, and
       ``(C) such individual bears a relationship to the taxpayer 
     described in section 32(c)(3)(B).
       ``(2) Applicable age.--For purposes of paragraph (1), the 
     applicable age is 13 in calendar year 1997, and increased by 
     1 year for each of the next 4 succeeding calendar years.
       ``(3) Exception for certain noncitizens.--The term 
     `qualifying child' shall not include any individual who would 
     not be a dependent if the first sentence of section 152(b)(3) 
     were applied without regard to all that follows `resident of 
     the United States.'
       (d) Taxable Year Must Be Full Taxable Year.--Except in the 
     case of a taxable year closed by reason of the death of the 
     taxpayer, no credit shall be allowable under this section in 
     the case of a taxable year covering a period of less than 12 
     months.
       ``(e) Recapture of Credit.--
       ``(1) In general.--If--
       ``(A) during any taxable year any amount is withdrawn from 
     a qualified tuition program or an education individual 
     retirement account maintained for the benefit of a 
     beneficiary and such amount is subject to tax under section 
     529(f) or 530(c)(3), and
       ``(B) the amount of the credit allowed under this section 
     for the prior taxable year was contingent on a contribution 
     being made to such a program or account for the benefit of 
     such beneficiary,

     the taxpayer's tax imposed by this chapter for the taxable 
     year shall be increased by the lesser of the amount described 
     in subparagraph (A) or the credit described in subparagraph 
     (B).
       ``(2) No credits against tax, etc.--Any increase in tax 
     under this subsection shall not be treated as a tax imposed 
     by this chapter for purposes of determining--
       ``(A) the amount of any credit under this subpart or 
     subpart B or D of this part, and
       ``(B) the amount of the minimum tax imposed by section 55.
       ``(f) Other Definitions.--For purposes of this section, the 
     terms `qualified tuition program' and `education individual 
     retirement account' have the meanings given such terms by 
     section 529 and 530, respectively.
       ``(g) Phasein of Credit.--In the case of taxable years 
     beginning in 1997, subsection (a)(1) shall be applied by 
     substituting `$250' for `$500'.''
                                 ______
                                 

                JEFFORDS (AND OTHERS) AMENDMENT NO. 555

  (Ordered to lie on the table.)
  Mr. JEFFORDS (for himself, Mr. Dodd, Mr. Roberts, Mr. Johnson, Mr. 
Kohl, Ms. Snowe, and Ms. Landrieu) submitted an amendment intended to 
be proposed by them to the bill, S. 949, supra; as follows:

       At the end of the bill insert the following:
              TITLE __--INCENTIVES FOR QUALITY CHILD CARE

     SEC. __01. EXPANSION OF DEPENDENT CARE TAX CREDIT.

       (a) Percentage of Employment-Related Expenses Determined by 
     Status of Care Giver.--Section 21(a)(2) (defining applicable 
     percentage) is amended to read as follows:
       ``(2) Applicable percentage defined.--
       ``(A) In general.--For purposes of paragraph (1), the term 
     `applicable percentage' means--
       ``(i) in the case of employment-related expenses described 
     in subsection (b)(2)(A)(ii) incurred for the care of a 
     qualifying individual described in subsection (b)(1)(A) by an 
     accredited child care center or a credentialed child care 
     professional, the initial percentage reduced (but not below 
     12.5 percent) ratably for each $2,500 (or fraction thereof) 
     by which the taxpayers's adjusted gross income for the 
     taxable year exceeds $20,000, and
       ``(ii) in any other case, 30 percent reduced (but not below 
     10 percent) ratably for each $2,500 (or fraction thereof) by 
     which the taxpayers's adjusted gross income for the taxable 
     year exceeds $20,000 but does not exceed $70,000.
       ``(B) Initial percentage for expenses incurred for 
     accredited or credentialed providers.--For purposes of 
     subparagraph (A)(i), the initial percentage shall be 
     determined in accordance with the following table:
The initial percentage is--e year beginning in--
  1998........................................................31.5 ....

  1999..........................................................33 ....

  2000........................................................34.5 ....

  2001..........................................................36 ....

  2002 and thereafter.......................................37.5.''....

       (b) Definitions.--Section 21(b)(2) (relating to definitions 
     of qualifying individual and employment-related expenses) is 
     amended by adding at the end the following:
       ``(E) Accredited child care center.--The term `accredited 
     child care center' means--
       ``(i) a center that is accredited, by a child care 
     credentialing or accreditation entity recognized by a State, 
     to provide child care to children in the State (except 
     children who

[[Page S6545]]

     a tribal organization elects to serve through a center 
     described in clause (ii));
       ``(ii) a center that is accredited, by a child care 
     credentialing or accreditation entity recognized by a tribal 
     organization, to provide child care for children served by 
     the tribal organization; or
       ``(iii) a center that is used as a Head Start center under 
     the Head Start Act (42 U.S.C. 9831 et seq.) and is in 
     compliance with any applicable performance standards 
     established by regulation under such Act for Head Start 
     programs.
       ``(F) Child care credentialing or accreditation entity.--
     The term `child care credentialing or accreditation entity' 
     means a nonprofit private organization or public agency 
     that--
       ``(i) is recognized by a State agency or tribal 
     organization; and
       ``(ii) accredits a center or credentials an individual to 
     provide child care on the basis of--

       ``(I) an accreditation or credentialing instrument based on 
     peer-validated research;
       ``(II) compliance with applicable State and local licensing 
     requirements, or standards described in section 
     658E(c)(2)(E)(ii) of the Child Care and Development Block 
     Grant Act (42 U.S.C. 9858c(c)(2)(E)(ii)), as appropriate, for 
     the center or individual;
       ``(III) outside monitoring of the center or individual; and
       ``(IV) criteria that provide assurances of--

       ``(aa) compliance with age-appropriate health and safety 
     standards at the center or by the individual;
       ``(bb) use of age-appropriate developmental and educational 
     activities, as an integral part of the child care program 
     carried out at the center or by the individual; and
       ``(cc) use of ongoing staff development or training 
     activities for the staff of the center or the individual, 
     including related skills-based testing.
       ``(G) Credentialed child care professional.--The term 
     `credentialed child care professional' means--
       ``(i) an individual who is credentialed, by a child care 
     credentialing or accreditation entity recognized by a State, 
     to provide child care to children in the State (except 
     children who a tribal organization elects to serve through an 
     individual described in clause (i)); or
       ``(ii) an individual who is credentialed, by a child care 
     credentialing or accreditation entity recognized by a tribal 
     organization, to provide child care for children served by 
     the tribal organization.
       ``(H) Tribal organization.--The term `tribal organization' 
     has the meaning given the term in section 658P of the Child 
     Care and Development Block Grant Act (42 U.S.C. 9858n).''
       (c) Credit Made Refundable for Low Income Taxpayers.--
       (1) In general.--Section 21 (relating to credit for 
     household and dependent care services) is amended by 
     redesignating subsection (f) as subsection (g) and by 
     inserting after subsection (e) the following:
       ``(f) Credit Made Refundable for Low Income Taxpayers.--
       ``(1) In general.--For purposes of this subtitle, in the 
     case of an applicable taxpayer individual, the credit 
     allowable under subsection (a) for any taxable year shall be 
     treated as a credit allowable under subpart C of this part.
       ``(2) Applicable taxpayer.--For purposes of this 
     subsection, the term `applicable taxpayer' means a taxpayer 
     with respect to whom the credit under section 32 is allowable 
     for the taxable year.
       ``(3) Coordination with advance payments and minimum tax.--
     Rules similar to the rules of subsections (g) and (h) of 
     section 32 shall apply with respect to the portion of any 
     credit to which this subsection applies.''.
       (2) Advance payment of credit.--
       (A) In general.--Chapter 25 (relating to general provisions 
     relating to employment taxes) is amended by inserting after 
     section 3507 the following:

     ``SEC. 3507A. ADVANCE PAYMENT OF DEPENDENT CARE CREDIT.

       ``(a) General Rule.--Except as otherwise provided in this 
     section, every employer making payment of wages with respect 
     to whom a dependent care eligibility certificate is in effect 
     shall, at the time of paying such wages, make an additional 
     payment equal to such employee's dependent care advance 
     amount.
       ``(b) Dependent Care Eligibility Certificate.--For purposes 
     of this title, a dependent care eligibility certificate is a 
     statement furnished by an employee to the employer which--
       ``(1) certifies that the employee will be eligible to 
     receive the credit provided by section 21 for the taxable 
     year,
       ``(2) certifies that the employee reasonably expects to be 
     an applicable taxpayer for the taxable year,
       ``(3) certifies that the employee does not have a dependent 
     care eligibility certificate in effect for the calendar year 
     with respect to the payment of wages by another employer,
       ``(4) states whether or not the employee's spouse has a 
     dependent care eligibility certificate in effect,
       ``(5) states the number of qualifying individuals in the 
     household maintained by the employee,
       ``(6) states whether a qualifying individual will be cared 
     for by an accredited child care center or a credentialed 
     child care professional, and
       ``(7) estimates the amount of employment-related expenses 
     for the calendar year.
       ``(c) Dependent Care Advance Amount.--
       ``(1) In general.--For purposes of this title, the term 
     `dependent care advance amount' means, with respect to any 
     payroll period, the amount determined--
       ``(A) on the basis of the employee's wages from the 
     employer for such period,
       ``(B) on the basis of the employee's estimated employment-
     related expenses included in the dependent care eligibility 
     certificate, and
       ``(C) in accordance with tables provided by the Secretary.
       ``(2) Advance amount tables.--The tables referred to in 
     paragraph (1)(C) shall be similar in form to the tables 
     prescribed under section 3402 and, to the maximum extent 
     feasible, shall be coordinated with such tables and the 
     tables prescribed under section 3507(c).
       ``(d) Other Rules.--For purposes of this section, rules 
     similar to the rules of subsections (d) and (e) of section 
     3507 shall apply.
       ``(e) Definitions.--For purposes of this section, terms 
     used in this section which are defined in section 21 shall 
     have the respective meanings given such terms by section 
     21.''.
       (2) Conforming amendment.--The table of sections for 
     chapter 25 is amended by adding after the item relating to 
     section 3507 the following:
``Sec. 3507A. Advance payment of dependent care credit.''.

       (d) Effective Dates.--
       (1) Applicable percentage.--The amendments made by 
     subsection (a) and (b) shall apply to taxable years beginning 
     after December 31, 1997.
       (2) Credit made refundable.--The amendments made by 
     subsection (c) shall apply to taxable years beginning after 
     December 31, 2001.

     SEC. __02. EXPANSION OF DEPENDENT CARE ASSISTANCE PROGRAM.

       (a) In General.--Section 129(a)(2)(A) (relating to 
     limitation of exclusion) is amended to read as follows:
       ``(A) Dollar limitation.--
       ``(i) In general.--The amount which may be excluded under 
     paragraph (1) for dependent care assistance with respect to 
     dependent care services provided during a taxable year shall 
     not exceed--

       ``(I) in the case of dependent care services provided by an 
     accredited child care center or a credentialed child care 
     professional for a qualifying individual described in section 
     21(b)(1)(A), an amount determined in accordance with the 
     following table:

       

 
 
                                                         For 2 or more
  ``In the case of taxable years     For 1 qualifying      qualifying
           beginning in:             individual, the    individuals, the
                                        amount is:         amount is:
 
1998..............................             $5,200             $6,700
1999..............................             $5,400             $6,900
2000..............................             $5,600             $7,100
2001..............................             $5,800             $7,300
2002 and thereafter...............             $6,000            $7,500,
 

       ``(II) in the case of other dependent care services for a 
     qualifying individual described in section 21(b)(1)(A) or 
     payments described in subsection (e)(1)(B), an amount 
     determined in accordance with the following table:

       

 
 
                                                         For 2 or more
  ``In the case of taxable years     For 1 qualifying      qualifying
           beginning in:             individual, the    individuals, the
                                        amount is:         amount is:
 
1998..............................             $4,800             $6,300
1999..............................             $4,600             $6,100
2000..............................             $4,400             $5,900
2001..............................             $4,200             $5,700
2002 and thereafter...............             $4,000            $5,500,
 

     and
       ``(III) in the case of other dependent care services for a 
     qualifying individual described in subparagraph (B) or (C) of 
     section 21(b)(1), $5,000.

       ``(ii) Amounts for married individuals filing separate 
     returns.--In the case of a separate return by a married 
     individual, clause (i) shall be applied by using one-half of 
     any amount specified in such clause.
       ``(iii) Providers.--For purposes of clause (i)(I), the 
     terms `accredited child care center' and `credentialed child 
     care professional' have the meaning given such terms by 
     subparagraphs (E) and (G) of section 21(c)(2), respectively.
       (b) Payments for Stay-at-Home Care Allowed.--
       (1) In general.--Section 129(e)(1) (relating to definitions 
     and special rules) is amended to read as follows:
       ``(1) Dependent care assistance.--The term `dependent care 
     assistance' means--
       ``(A) the payment of, or provision of, those services which 
     if paid for by the employee would be considered employment-
     related expenses under section 21(b)(2) (relating to expenses 
     for household and dependent care services necessary for 
     gainful employment), and
       ``(B) any payment to the employee from amounts contributed 
     to the employee's account during the pregnancy of the 
     employee paid within 1 year after such contribution and 
     during the period in which--
       ``(i) the employee,
       ``(ii) the employee's spouse, or
       ``(iii) a parent of the employee or the employee's spouse,

     stays at home to care for a qualifying individual described 
     in section 21(b)(1)(A).''.

[[Page S6546]]

       (2) Conforming amendments.--
       (A) Section 129(c) (relating to payments to related 
     individuals) is amended by striking ``No amount'' and 
     inserting ``Except in the case of payments described in 
     subsection (e)(1)(B), no amount.''.
       (B) Section 129(e)(9) (relating to identifying information 
     required with respect to service provider) is amended by 
     striking ``No amount'' and inserting ``Except in the case of 
     payments described in paragraph (1)(B)(i), no amount.''.
       (c) Dependent Care Assistance Program for Federal 
     Employees.--Subpart G of part III of title 5, United States 
     Code, is amended by inserting after chapter 87 the following:

            ``CHAPTER 88--DEPENDENT CARE ASSISTANCE PROGRAM

     ``Sec. 8801. Definitions

       ``(a) For the purpose of this chapter, `employee' means--
       ``(1) an employee as defined by section 2105 of this title;
       ``(2) a Member of Congress as defined by section 2106 of 
     this title;
       ``(3) a Congressional employee as defined by section 2107 
     of this title;
       ``(4) the President;
       ``(5) a justice or judge of the United States appointed to 
     hold office during good behavior (i) who is in regular active 
     judicial service, or (ii) who is retired from regular active 
     service under section 371(b) or 372(a) of title 28, United 
     States Code, or (iii) who has resigned the judicial office 
     under section 371(a) of title 28 with the continued right 
     during the remainder of his lifetime to receive the salary of 
     the office at the time of his resignation;
       ``(6) an individual first employed by the government of the 
     District of Columbia before October 1, 1987;
       ``(7) an individual employed by Gallaudet College;
       ``(8) an individual employed by a county committee 
     established under section 590h(b) of title 16;
       ``(9) an individual appointed to a position on the office 
     staff of a former President under section 1(b) of the Act of 
     August 25, 1958 (72 Stat. 838); and
       ``(10) an individual appointed to a position on the office 
     staff of a former President, or a former Vice President under 
     section 4 of the Presidential Transition Act of 1963, as 
     amended (78 Stat. 153), who immediately before the date of 
     such appointment was an employee as defined under any other 
     paragraph of this subsection;

     but does not include--
       ``(A) an employee of a corporation supervised by the Farm 
     Credit Administration if private interests elect or appoint a 
     member of the board of directors;
       ``(B) an individual who is not a citizen or national of the 
     United States and whose permanent duty station is outside the 
     United States, unless the individual was an employee for the 
     purpose of this chapter on September 30, 1979, by reason of 
     service in an Executive agency, the United States Postal 
     Service, or the Smithsonian Institution in the area which was 
     then known as the Canal Zone; or
       ``(C) an employee excluded by regulation of the Office of 
     Personnel Management under section 8716(b) of this title.
       ``(b) For the purpose of this chapter, `dependent care 
     assistance program' has the meaning given such term by 
     section 129(d) of the Internal Revenue Code of 1986.

     ``Sec. 8802. Dependent care assistance program

       ``The Office of Personnel Management shall establish and 
     maintain a dependent care assistance program for the benefit 
     of employees.''.
       (d) Effective Date.--The amendments made by this section 
     apply to taxable years beginning after December 31, 1997.

     SEC. __03. ALLOWANCE OF CREDIT FOR EMPLOYER EXPENSES FOR 
                   CHILD CARE ASSISTANCE.

       (a) In General.--Subpart D of part IV of subchapter A of 
     chapter 1 (relating to business related credits) is amended 
     by adding at the end the following new section:

     ``SEC. 45D. EMPLOYER-PROVIDED CHILD CARE CREDIT.

       ``(a) Allowance of Credit.--
       ``(1) In General.--For purposes of section 38, the 
     employer-provided child care credit determined under this 
     section for the taxable year is an amount equal to the 
     applicable percentage of the qualified child care 
     expenditures of the taxpayer for such taxable year.
       ``(2) Applicable percentage.--For purposes of paragraph 
     (1), the applicable percentage for any taxable year is equal 
     to 50%.
       ``(b) Dollar Limitation.--The credit allowable under 
     subsection (a) for any taxable year shall not exceed 
     $150,000.
       ``(c) Definitions.--For purposes of this section--
       ``(1) Qualified child care expenditure.--The term 
     `qualified child care expenditure' means any amount paid or 
     incurred--
       ``(A) to acquire, construct, rehabilitate, or expand 
     property--
       ``(i) which is to be used as part of a qualified child care 
     facility of the taxpayer,
       ``(ii) with respect to which a deduction for depreciation 
     (or amortization in lieu of depreciation) is allowable, and
       ``(iii) which does not constitute part of the principal 
     residence (within the meaning of section 1034) of the 
     taxpayer or any employee of the taxpayer,
       ``(B) for the operating costs of a qualified child care 
     facility of the taxpayer, including costs related to the 
     training of employees, to scholarship programs, and to the 
     providing of increased compensation to employees with higher 
     levels of child care training,
       ``(C) under a contract with a qualified child care facility 
     to provide child care services to employees of the taxpayer,
       ``(D) under a contract to provide child care resource and 
     referral services to employees of the taxpayer, or
       ``(E) for the costs of seeking accreditation from a child 
     care credentialing or accreditation entity (as defined in 
     section 21(b)(2)(F) with respect to a qualified child care 
     facility.
       ``(2) Qualified child care facility.--
       ``(A) In general.--The term `qualified child care facility' 
     means a facility--
       ``(i) the principal use of which is to provide child care 
     assistance, and
       ``(ii) which meets the requirements of all applicable laws 
     and regulations of the State or local government in which it 
     is located, including, but not limited to, the licensing of 
     the facility as a child care facility.

     Clause (i) shall not apply to a facility which is the 
     principal residence (within the meaning of section 1034) of 
     the operator of the facility.
       ``(B) Special rules with respect to a taxpayer.--A facility 
     shall not be treated as a qualified child care facility with 
     respect to a taxpayer unless--
       ``(i) enrollment in the facility is open to employees of 
     the taxpayer during the taxable year,
       ``(ii) the facility is not the principal trade or business 
     of the taxpayer unless at least 30 percent of the enrollees 
     of such facility are dependents of employees of the taxpayer, 
     and
       ``(iii) the use of such facility (or the eligibility to use 
     such facility) does not discriminate in favor of employees of 
     the taxpayer who are highly compensated employees (within the 
     meaning of section 414(q)).
       ``(d) Recapture of Acquisition and Construction Credit.--
       ``(1) In general.--If, as of the close of any taxable year, 
     there is a recapture event with respect to any qualified 
     child care facility of the taxpayer, then the tax of the 
     taxpayer under this chapter for such taxable year shall be 
     increased by an amount equal to the product of--
       ``(A) the applicable recapture percentage, and
       ``(B) the aggregate decrease in the credits allowed under 
     section 38 for all prior taxable years which would have 
     resulted if the qualified child care expenditures of the 
     taxpayer described in subsection (c)(1)(A) with respect to 
     such facility had been zero.
       ``(2) Applicable recapture percentage.--
       ``(A) In general.--For purposes of this subsection, the 
     applicable recapture percentage shall be determined from the 
     following table:
                                                         The applicable
                                                              recapture
                                    ``If the recapture evpercentage is:
    Years 1-3....................................................100   
    Year 4........................................................85   
    Year 5........................................................70   
    Year 6........................................................55   
    Year 7........................................................40   
    Year 8........................................................25   
    Years 9 and 10................................................10   
    Years 11 and thereafter........................................0.  
       ``(B) Years.--For purposes of subparagraph (A), year 1 
     shall begin on the first day of the taxable year in which the 
     qualified child care facility is placed in service by the 
     taxpayer.
       ``(3) Recapture event defined.--For purposes of this 
     subsection, the term `recapture event' means--
       ``(A) Cessation of operation.--The cessation of the 
     operation of the facility as a qualified child care facility.
       ``(B) Change in ownership.--
       ``(i) In general.--Except as provided in clause (ii), the 
     disposition of a taxpayer's interest in a qualified child 
     care facility with respect to which the credit described in 
     subsection (a) was allowable.
       ``(ii) Agreement to assume recapture liability.--Clause (i) 
     shall not apply if the person acquiring such interest in the 
     facility agrees in writing to assume the recapture liability 
     of the person disposing of such interest in effect 
     immediately before such disposition. In the event of such an 
     assumption, the person acquiring the interest in the facility 
     shall be treated as the taxpayer for purposes of assessing 
     any recapture liability (computed as if there had been no 
     change in ownership).
       ``(4) Special rules.--
       ``(A) Tax benefit rule.--The tax for the taxable year shall 
     be increased under paragraph (1) only with respect to credits 
     allowed by reason of this section which were used to reduce 
     tax liability. In the case of credits not so used to reduce 
     tax liability, the carryforwards and carrybacks under section 
     39 shall be appropriately adjusted.
       ``(B) No credits against tax.--Any increase in tax under 
     this subsection shall not be treated as a tax imposed by this 
     chapter for purposes of determining the amount of any credit 
     under subpart A, B, or D of this part.
       ``(C) No recapture by reason of casualty loss.--The 
     increase in tax under this subsection shall not apply to a 
     cessation of operation of the facility as a qualified child 
     care facility by reason of a casualty loss to the extent such 
     loss is restored by reconstruction or replacement within a 
     reasonable period established by the Secretary.
       ``(e) Special Rules.--For purposes of this section--

[[Page S6547]]

       ``(1) Aggregation rules.--All persons which are treated as 
     a single employer under subsections (a) and (b) of section 52 
     shall be treated as a single taxpayer.
       ``(2) Pass-thru in the case of estates and trusts.--Under 
     regulations prescribed by the Secretary, rules similar to the 
     rules of subsection (d) of section 52 shall apply.
       ``(3) Allocation in the case of partnerships.--In the case 
     of partnerships, the credit shall be allocated among partners 
     under regulations prescribed by the Secretary.
       ``(f) No Double Benefit.--
       ``(1) Reduction in basis.--For purposes of this subtitle--
       ``(A) In general.--If a credit is determined under this 
     section with respect to any property by reason of 
     expenditures described in subsection (c)(1)(A), the basis of 
     such property shall be reduced by the amount of the credit so 
     determined.
       ``(B) Certain dispositions.--If during any taxable year 
     there is a recapture amount determined with respect to any 
     property the basis of which was reduced under subparagraph 
     (A), the basis of such property (immediately before the event 
     resulting in such recapture) shall be increased by an amount 
     equal to such recapture amount. For purposes of the preceding 
     sentence, the term `recapture amount' means any increase in 
     tax (or adjustment in carrybacks or carryovers) determined 
     under subsection (d).
       ``(2) Other deductions and credits.--No deduction or credit 
     shall be allowed under any other provision of this chapter 
     with respect to the amount of the credit determined under 
     this section.
       ``(g) Termination.--This section shall not apply to taxable 
     years beginning after December 31, 1999.''
       (b) Conforming Amendments.--
       (1) Section 38(b) is amended--
       (A) by striking out ``plus'' at the end of paragraph (11),
       (B) by striking out the period at the end of paragraph 
     (12), and inserting a comma and ``plus'', and
       (C) by adding at the end the following new paragraph:
       ``(13) the employer-provided child care credit determined 
     under section 45D.''
       (2) The table of sections for subpart D of part IV of 
     subchapter A of chapter 1 is amended by adding at the end the 
     following new item:
``Sec. 45D. Employer-provided child care credit.''

       (c) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after December 31, 
     1997.

     SEC. __04. CHARITABLE CONTRIBUTIONS OF SCIENTIFIC EQUIPMENT 
                   TO ACCREDITED AND CREDENTIALED CHILD CARE 
                   PROVIDERS AND TO ELEMENTARY AND SECONDARY 
                   SCHOOLS.

       (a) In General.--Subparagraph (B) of section 170(e)(4) 
     (relating to special rule for contributions of scientific 
     property used for research) is amended to read as follows:
       ``(B) Qualified research, child care, or education 
     contribution.--For purposes of this paragraph, the term 
     `qualified research, child care, or education contribution' 
     means a charitable contribution by a corporation of tangible 
     personal property (including computer software), but only 
     if--
       ``(i) the contribution is to--

       ``(I) an accredited child care center (as defined in 
     section 21(c)(2)(E)) which is an organization described in 
     section 501(c)(3) and exempt from taxation under section 
     501(a),
       ``(II) an organization described in section 501(c)(3) and 
     exempt from taxation under section 501(a) which is a 
     professional or educational support entity for accredited 
     child care centers or credentialed child care professionals 
     (as defined in subparagraphs (E) and (G) of section 21(c)(2), 
     respectively),
       ``(III) an educational organization described in subsection 
     (b)(1)(A)(ii),
       ``(IV) a governmental unit described in subsection (c)(1), 
     or
       ``(V) an organization described in section 41(e)(6)(B),

       ``(ii) the contribution is made not later than 3 years 
     after the date the taxpayer acquired the property (or in the 
     case of property constructed by the taxpayer, the date the 
     construction of the property is substantially completed),
       ``(iii) the property is scientific equipment or apparatus 
     substantially all of the use of which by the donee is for--

       ``(I) research or experimentation (within the meaning of 
     section 174), or for research training, in the United States 
     in physical or biological sciences, or
       ``(II) in the case of an organization described in 
     subclause (I), (II), (III), or (IV) of clause (i), use within 
     the United States for educational purposes related to the 
     purpose or function of the organization,

       ``(iv) the original use of the property began with the 
     taxpayer (or in the case of property constructed by the 
     taxpayer, with the donee),
       ``(v) the property is not transferred by the donee in 
     exchange for money, other property, or services, and
       ``(vi) the taxpayer receives from the donee a written 
     statement representing that its use and disposition of the 
     property will be in accordance with the provisions of clauses 
     (iv) and (v).''.
       (b) Donations to Charity for Refurbishing.--Section 
     170(e)(4) is amended by adding at the end the following:
       ``(D) Donations to charity for refurbishing.--For purposes 
     of this paragraph, a charitable contribution by a corporation 
     shall be treated as a qualified research, child care, or 
     education contribution if--
       ``(i) such contribution is a contribution of property 
     described in subparagraph (B)(iii) to an organization 
     described in section 501(c)(3) and exempt from taxation under 
     section 501(a),
       ``(ii) such organization repairs and refurbishes the 
     property and donates the property to an organization 
     described in subparagraph (B)(i), and
       ``(iii) the taxpayer receives from the organization to whom 
     the taxpayer contributed the property a written statement 
     representing that its use of the property (and any use by the 
     organization to which it donates the property) meets the 
     requirements of this paragraph.''.
       (c) Conforming Amendments.--
       (1) Paragraph (4)(A) of section 170(e) is amended by 
     striking ``qualified research contribution'' each place it 
     appears and inserting ``qualified research, child care, or 
     education contribution''.
       (2) The heading for section 170(e)(4) is amended by 
     inserting ``, child care, or education'' after ``research''.
       (d) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after December 31, 
     1997.

     SEC. __05. 2-PERCENT FLOOR ON MISCELLANEOUS ITEMIZED 
                   DEDUCTIONS NOT APPLICABLE TO ACCREDITATION AND 
                   CREDENTIALING EXPENSES OF INDIVIDUAL CHILD CARE 
                   PROVIDERS.

       (a) In General.--Section 67(b) (relating to miscellaneous 
     itemized deductions) is amended by striking ``and'' at the 
     end of paragraph (11), by striking the period at the end of 
     paragraph (12) and inserting ``, and'', and by adding at the 
     end the following:
       ``(13) the deduction allowable for accreditation and 
     credentialing expenses of child care providers.''.
       (b) Definition.--Section 67 (relating to 2-percent floor on 
     miscellaneous itemized deductions) is amended by 
     redesignating subsections (e) and (f) as subsections (f) and 
     (g), respectively, and by inserting after subsection (d) the 
     following:
       ``(e) Accreditation and credentialing expenses of child 
     care providers.--For purposes of this section--
       ``(1) In general.--The term `accreditation and 
     credentialing expenses of child care providers' means direct 
     professional costs and educational and training expenses paid 
     or incurred by an eligible individual in order to achieve and 
     remain qualified for service as an employee of an accredited 
     child care center or as a credentialed child care 
     professional (as defined in subparagraphs (E) and (G) of 
     section 21(c)(2), respectively).
       ``(2) Eligible individual.--The term `eligible individual' 
     means an individual 60 percent of the taxable income of whom 
     for any taxable year is derived from service described in 
     paragraph (1).''.
       (c) Effective Date.--The amendment made by this section 
     shall apply to taxable years beginning after December 31, 
     1997.

     SEC. __06. EXPANSION OF HOME OFFICE DEDUCTION TO INCLUDE USE 
                   OF OFFICE FOR DEPENDENT CARE.

       (a) In General.--Section 280A(c)(1) (relating to certain 
     business use) is amended by adding at the end the following: 
     ``A portion of a dwelling unit and the exclusive use of such 
     portion otherwise described in this paragraph shall not fail 
     to be so described if such portion is also used by the 
     taxpayer during such exclusive use to care for a dependent of 
     the taxpayer.''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to taxable years beginning after December 31, 
     1997.

     SEC. __07. EXPANSION OF COORDINATED ENFORCEMENT EFFORTS OF 
                   INTERNAL REVENUE SERVICE AND HHS OFFICE OF 
                   CHILD SUPPORT ENFORCEMENT.

       (a) State Reporting of Custodial Data.--Section 
     454A(e)(4)(D) of the Social Security Act (42 U.S.C. 
     654(e)(4)(D)) is amended by striking ``the birth date of any 
     child'' and inserting ``the birth date and custodial status 
     of any child''.
       (b) Matching Program by IRS of Custodial Data and Tax 
     Status Information.--
       (1) National directory of new hires.--Section 453(i)(3) of 
     the Social Security Act (42 U.S.C. 653(i)(3)) is amended by 
     striking ``a claim with respect to employment in a tax 
     return'' and inserting ``information which is required on a 
     tax return''.
       (2) Federal case registry of child support orders.--Section 
     453(h) of the such Act (42 U.S.C. 653(h)) is amended by 
     adding at the end the following:
       ``(3) Administration of federal tax laws.--The Secretary of 
     the Treasury shall have access to the information described 
     in paragraph (2), consisting of the names and social security 
     numbers of the custodial parents linked with the children in 
     the custody of such parents, for the purpose of administering 
     those sections of the Internal Revenue Code of 1986 which 
     grant tax benefits based on support and residence provided 
     dependent children.''
       (c) Minimum Past-Due Support Threshold for Use of Offset 
     Procedure.--
       (1) Part d families.--Section 464(b)(1) of the Social 
     Security Act (42 U.S.C. 664(b)(1)) is amended by inserting 
     ``(not to exceed $150)'' after ``minimum amount''.
       (2) Other families.--Section 464(b)(2)(A) of such Act (42 
     U.S.C. 664(b)(2)(A)) is amended by striking ``$500'' both 
     places it appears and inserting ``$150''.

[[Page S6548]]

       (d) Effective Date.--The amendments made by this section 
     shall take effect on October 1, 1997.

  Mr. JEFFORDS. Mr. President, tomorrow I will introduce my amendment 
on child care.
  Today, there are more than 12 million children under the age of 
five--including half of all infants under one year of age--who spend at 
least part of their day being cared for by someone other than their 
parents. The past two decades have seen a dramatic rise in the number 
of women in the paid labor force. More than 60 percent of women with 
preschool aged children, are employed full- or part-time. For most of 
these families, child care is a requirement, not an option.
  Women now constitute 46 percent of our Nation's labor force. Most 
women are not working just to achieve a degree of personal growth 
outside the home, but to meet their family's basic needs. Their 
employment is not a choice, but an essential part of their family's 
economic survival.
  Similarly, child care that is affordable and convenient is necessary 
for most women working outside the home. Many of the traditional 
sources of child care are no longer available--as many of the friends, 
neighbors, grandparents, and other relatives who used to be available 
to provide child care are also working. Research has repeatedly 
demonstrated that for parents who must work, child care services that 
are dependable and of high quality make it easier to find and keep a 
job. Good child care helps parents reach and maintain economic self-
sufficiency. There is a clear connection between child care and the 
production of income. Congress acknowledged this when is passed welfare 
reform last year.
  Since 1990, the costs of child care have risen about 6 percent 
annually. This is almost triple the annual increase in the cost of 
living. At the same time, there are strong indicators that the quality 
of child care has significantly decreased during that same period of 
time. Parents are paying more but getting less.
  The costs of child care are almost wholly dependent upon the 
geographic area, the type of child care, and the age of the child. For 
example, a family purchasing full-time child care services for a 4-year 
old in rural New York using a family child care home may pay as little 
as $60 a week. In contrast, a family with an infant using a child care 
center in New York City may pay more than $250 a week.
  I think that few of us know how much child care costs. The Senate 
Employee's Child Care Center costs between $150 and $175 a week--$7,800 
to $9,100 a year. That puts it in the high-middle range in terms of 
costs for the Washington, DC area. The younger the child, the higher 
the costs--and Senate Employee's Child Care Center does not accept 
children under 18 months old.
  For a 3- to 4-year-old, which is the least expensive age group, the 
national average for center-based child care is $4,600 a year. The 
average cost for high quality care, such as that provided by the Senate 
Employee's Child Care Center, is between $8,500 and $9,100 a year.
  A family normally spends about 20 percent of its income on housing 
and 10 percent on food. The costs of child care for a low- or middle-
income family can rival the cost of housing and be double the cost of 
food. Even though most of us recognize the critical part that child 
care plays in the economic survival of families, we often fail to 
recognize it as a basic cost which consumes a significant portion of a 
family's income.
  Parents can only purchase child care they can afford. While the 
supply of child care has increased over the past 10 years, shortages 
are still the norm for those in rural areas, those with school-aged 
children, and for lower-income families. Those who do find care that is 
affordable and convenient are often unsatisfied with the quality of the 
care their child receives. In fact, one quarter of all parents would 
change their child care arrangement if they could find and afford 
something better.
  The quality of child care in America is very troubling. A recent 
nationwide study found that 40 percent of the child care provided to 
infants in child care centers was potentially injurious. Fifteen-
percent of center-based child care providers for all preschoolers are 
so bad that a child's health and safety are threatened; 70 percent are 
mediocre--not hurting or helping children; and 15 percent actively 
promote a child's development. Center-based child care, the object of 
this study, is the most heavily regulated and frequently monitored type 
of child care. Children in less regulated settings are predicted to be 
far worse.
  Combining the research on the quality of child care with the 
breakthroughs on the development of the human brain produces a very 
disturbing situation. Many children enter child care by 11 weeks of 
age, are in care for close to 30 hours a week, and often stay in some 
form of child care until they enter school. During that same period of 
life, a child's brain is undergoing a series of extraordinary changes.
  In the first 3 years of life, the brain either makes the connections 
it needs for learning or it atrophies, making later efforts at 
remediation in learning, behavior, and thinking difficult, at best. The 
experiences and stimulation that a caretaker provide to a child are the 
foundations upon which all future learning is built. The brain's 
greatest and most critical growth spurt is between birth and 10 years 
of age--precisely the time when non-parental child care is most 
frequently utilized. A Time magazine special report on ``How a Child's 
Brain Develops'' (February 3, 1997) said it best, ``. . . Good, 
affordable day care is not a luxury or a fringe benefit for welfare 
mothers and working parents but essential brain food for the next 
generation.'' While bad child care can seriously impair a child's 
development, high-quality child care significantly increases the 
chances of good developmental outcomes for children.
  Think about it. At the most important time in the development of a 
child's brain, 12 million children are being cared for by people who 
are paid less than the person who picks up your garbage each week, and 
are required to have less training and less skills-based testing than 
the person who cuts your hair. Child care providers play an important 
role in a child's development, for they help fine-tune the child's 
capacity to think and process information, social skills, emotional 
health, and acquisition of language.
  Last year, our goal in child care was to streamline Federal 
assistance by creating a cohesive structure for Federal assistance and 
to provide sufficient Government funds to subsidize child care for 
welfare recipients who were transitioning into work. This year our goal 
must be to promote the healthy development of children in child care. I 
am worried that the pressure of the need to accommodate the increasing 
demand for child care will force many into forgoing quality just to 
increase the number of child care slots available.
  This amendment, then, incorporates modifications to five different 
sections of the Tax Code. Each of the provisions has been included to 
solve a specific problem in an effort to improve the quality of child 
care. Taken as a whole, these provisions represent a comprehensive 
effort to increase the supply while simultaneously creating a demand 
for high-quality child care, and making it affordable for low- and 
middle-income families.
  To offset the cost of these changes, my amendment reduces, but does 
not eliminate, the dependent care tax credit for upper-income taxpayers 
and the amount that an employee can place in a dependent care 
assistance plan used to reimburse non-accredited or non-credential 
child care is gradually decreased. In addition, the amendment expands 
the coordinated enforcement efforts of the Internal Revenue Service and 
the HHS Office of Child Support Enforcement, which will significantly 
reduce the amount of fraud related to illegal tax deduction and credit 
claims by non-custodial parents.
  The first provision in the amendment makes several changes in the 
Child and Dependent Care Tax Credit [CDCTC]. This tax credit is the 
largest tax-based subsidy for child care. My amendment raises the 
income level for the receipt of the highest percentage of employment-
related child care costs from $10,000 to $20,000. The percentage is 
decreased at a rate of 1 percent for each additional $2,500 in adjusted 
gross income and sets a minimum percentage of 10 percent for incomes of 
$70,000 and above.
  This change represents a more equitable distribution of limited 
resources

[[Page S6549]]

based on the percentage of income a family must use to meet child care 
expenses. For families qualifying for the EITC, my amendment makes the 
child care tax credit refundable, on a quarterly basis. This will 
enable many low-income working families to move from part-time to full-
time employment, by easing the burden of child care costs and having 
the money available at regular intervals throughout the year.

  Finally, the amendment establishes, over a 5-year period, different 
rates for the tax credit, dependent on whether the child care is 
provided in an accredited child care facility or by a credentialed 
professional. This will reward parents who choose high-quality child 
care and help defray the additional costs of that care.
  I am sensitive to the concerns of colleagues who object to reducing 
the child care tax credit. But before you judge this reduction too 
harshly, let's put it into perspective. The tax credit remains at or 
above the current rate of 20 percent for parents with adjusted gross 
incomes of $45,000 or less, regardless of the type of child care. The 
median income of families with children nationally is $37,000. While 
there are wide differences in between States, there are only four 
States where the median exceeds $45,000 AGI triggering a reduction in 
the current rate of 20 percent. Most States are significantly below 
this trigger.
  At the end of the 5-year phase in period, the tax credit remains at 
or above the current 20 percent rate for families with an AGI of 
$55,000. No States have median incomes of families with children which 
exceed the $55,000 AGI level for high quality child care which triggers 
a reduction below current child care tax rate. Families with incomes at 
or above $70,000 will still receive a tax credit of 10 percent, 
increased to 12.5 percent if high quality care is used.
  In terms of money, a 1 percent decrease in the child care tax credit 
equals $24 when care for one child is claimed, and $48 for two or more 
children. Families making $70,000 or more are the hardest hit by my 
amendment. Yet their maximum financial cost is $240 a year for one 
child, or $480 a year for two or more children--about half of one 
percent of their adjusted gross income.
  The second area of changes occurs in the Dependent Care Assistance 
Plan [DCAP]. The amendment increases the amount that an employee can 
contribute to a DCAP account, if the funds are used to pay for the care 
of two or more eligible persons. In addition, the amount of DCAP 
contributions is increased for high-quality care and decreased for care 
that is provided by an unaccredited child care facility or a person who 
has not received a professional credential. These differential rates 
are phased in over a 5-year period in order for child care providers to 
achieve accreditation or become credentialed in child care.
  Current law prohibits DCAP from being used to pay relatives for care. 
While I support needed controls on the use of DCAP accounts in most 
cases, my amendment would make a very limited exception to this 
prohibition. DCAP payments could be made to pay a parent or grandparent 
to care for a newborn child. The DCAP account could be joined at 
anytime during a pregnancy. The funds would be available for up to 12 
months from the date of deposit into the employee's DCAP account--
because babies have a timetable all their own when it comes time to be 
born.

  The last change my amendment makes in DCAP is through the addition of 
a requirement that Federal employees have the opportunity to contribute 
to Dependent Care Assistance Plans. Private employees, as well as many 
State and local governments, have had DCAP available for their 
employees since 1981. Consistent with the intent of the Congressional 
Accountability Act, I want to make this child care subsidy available to 
Federal workers, including legislative branch employees.
  Child care is a growing concern to businesses big and small. 
Employers are coming to the realization that affordable, convenient 
high-quality child care is a critical element in hiring and retaining 
skilled employees. Many companies, such as Johnson & Johnson, IBM, and 
others have been very innovative in providing child care assistance for 
their employees. Small businesses in particular are finding it 
difficult to meet the child care needs of their employees, but 
recognize the importance of that help.
  I am defering to my colleague from Wisconsin, Senator Kohl, who has 
an excellent amendment providing a tax credit to businesses who provide 
child care services and support for their employees. My amendment 
included a similar provision, but because Senator Kohl has been working 
on this aspect of child care for so long, I dropped my provision and 
urge my colleagues to vote for his amendment as well as this one.
  Current law prohibits businesses from receiving a charitable 
deduction for donations made to public entities, such as schools and 
child care services. My amendment will extend eligibility for a 
business charitable deduction to the donation of educational equipment 
and supplies donated to public schools, public child care providers and 
public child care support entities, such as resource and referral 
services. If child care is to improve and meet the developmental needs 
of our Nation's children, every available resource must be made 
available. Computers which are discarded because they are too slow or 
have insufficient hard drive capacity, can be the first step into the 
computer-age for a small child or the link to professional training for 
a child care provider.
  A critical part of improving the quality of child care is 
professional development for child care providers. Since the 1970's 
there has been a decline in child care teacher salaries. In 1990, 
teachers in child care centers earned an average of $11,500 a year. 
Assistant teachers, the largest growing segment of child care 
professionals, were paid 10 to 20 percent less than child care 
teachers. The 1990 annual income of regulated family child care 
providers was $10,944 which translates to about $4 an hour. 
Nonregulated family child care, generally comprised of providers taking 
care of a smaller number of children, earned an average of $4,275 a 
year--substantially less than minimum wage. With these wages, it is 
easy to understand why more child care providers do not participate in 
professional training or attend college classes to improve their 
skills. The costs of applying for and receiving certification as a 
qualified child care professional are minimal, but understandably out 
of reach for many child care providers.

  My amendment will exempt expenses directly related to child care 
accreditation or becoming credentialed from the 2 percent floor that is 
applied to miscellaneous itemized deductions. This will at least permit 
child care providers to receive a full deduction for the expenses 
associated with improving the child care services which they provide. 
This incentive for professional growth and the development of new 
skills is a small but critical part of my overall effort to support 
high-quality child care.
  The last provision in my amendment creates a very limited exception 
to the executive use rule governing the tax deduction for home office 
expenses. The amendment will permit the mixed use of home office space 
for business and personal purposes to allow a person to care for his or 
her child. In some ways, the need for this exception comes down to 
fundamental fairness. How many school days, snow days and other times 
do children accompany their parents into work? I can always tell when 
the schools are unexpectedly closed, by the increased number of little 
people I see in Senate offices and eateries. I have been in Senate 
offices and other workplaces when a crib or playpen is clearly in 
evidence. Yet, none of us question whether our offices are exclusively 
for business use. One of the big incentives for telecommuting and home-
based business is to allow parents to have more time with their 
families, yet existing law would keep a new mother from legitimately 
claiming a home office deduction if she has her child read a book or 
play in a corner of the room where she is working.
  The need for high-quality child care is compelling. Having 
affordable, convenient child care is tied directly to a family's 
ability to produce income. Good child care can be an effective way to 
support the healthy development of children, particularly in the 
acquisition of social and language skills. For the millions of children 
who spend much of their pre-school lives being cared for by someone 
other than their parents, child care provides the foundation upon which 
all future education

[[Page S6550]]

will be built--and determines to a large extent whether that foundation 
will be strong or weak.
  As we all know, quality child care costs money. It costs money to 
parents who bear the biggest burden for the cost of child care. It 
costs businesses both through the direct assistance that they provide 
to employees to help with the costs of child care, and through their 
ability to hire and retain a skilled work force. It costs Government 
through existing tax provisions, direct spending, and discretionary 
spending targeted at child care. But the costs of not making this 
investment are even higher. Those costs can be measured in the cost of 
remedial education, the increase of an unskilled labor force, the 
increase in prison populations, and most importantly, the blunted 
potential of millions of children.
  I urge my colleagues to support my amendment to the budget 
reconciliation act.
  Mr. President, I ask unanimous consent that additional material be 
printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

     An Amendment To Be Proposed by Senator Jeffords on the Budget 
    Reconciliation Act of 1997 To Improve the Quality of Child Care

       Changes to the Tax Code to encourage improvements in child 
     care services and options for meeting employment-related 
     child care needs--multiple provisions.
       Proposed Amendment: To amend the Internal Revenue Code to 
     encourage the demand for and supply of high quality child 
     care by:
       (1) Making the following changes in the Dependent Care Tax 
     Credit--
       (a) Increasing the percentage of child care expenses to 30 
     percent for families with incomes at or below $20,000 AGI; 
     decreased at the rate of 1 percent for every $2,500 AGI over 
     $20,000 to a minimum of 10 percent for AGI over $70,000
       (b) Phasing in a differential percentage (over 5 years) if 
     the child care is provided in an accredited center or by a 
     credentialed professional; At the end of the phase in period, 
     there is a 25 percent differential in the percentage of the 
     tax credit between high-quality child care and other child 
     care
       (c) Making the Dependent Care Tax Credit refundable 
     beginning in 2002, for taxpayers eligible for the EITC, 
     including the differential percentage (see b above) for high 
     quality child care.
       (2) Making the following changes in the Dependent Care 
     Assistance Program--
       (a) The amount of money that can be placed in a Dependent 
     Care Assistance Program by an employee is increased for 
     accredited or credentialed child care, increased if there is 
     more than one qualified dependent, and decreased if child 
     care is provided in non-accredited child care or with a non-
     credentialed child care professional--phased in over 5 years
       (b) An exception in the calendar year spending requirement 
     and prohibition against its use to pay relatives for 
     providing care is made to make it possible for a parent or 
     grandparent to provide care for a newborn child
       (c) Federal employees are provided the opportunity of 
     enrolling in a dependent care assistance plan
       (3) Extending the eligibility for businesses to take a 
     qualified charitable deduction for the donation of 
     educational equipment and material to public schools and 
     accredited or credentialed non-profit child care providers 
     and child care support entities.
       (4) Exempting the expenses related to achieving and 
     maintaining child care accreditation and credentialing from 
     the 2 percent floor applicable to miscellaneous itemized 
     deductions.
       (5) Excepting the mixed use of home office space for 
     business and personal purposes to allow for the care of a 
     dependent from the exclusive use rule governing home office 
     deductions.
       Reasons for Change: The increase in the number or employed 
     women with young children, combined with recent reforms in 
     the welfare system, has placed tremendous pressures on states 
     and communities to dramatically expand the amount of 
     available child care. Studies on the relationship between 
     quality child care and job retention, employment absenteeism, 
     and job acquisition clearly identifies that the quality and 
     safety of child care is as important as the existence of 
     child care services. In addition, the recent research on the 
     development of the human brain underscores how child care 
     affects the development of the tomorrow's workers and 
     citizens. The Committee for Economic Development recently 
     issued a report which identified changes in federal tax 
     policies, training of child care workers, incentives for 
     certification, educational resources, and increased business 
     involvement as critical to efforts to improve the quality of 
     child care. The tax code changes included in this amendment 
     address each of these issues.
       Summary of each provision:


              i. changes to the dependent care tax credit

       A. Percent of the current $2,400 work related child care 
     expenses ($4,800 for 2 or more dependents):
       Initial percentage reduced by 1 percent for each $2,500 by 
     which the taxpayer's AGI exceeds $20,000 but does not exceed 
     $70,000--rate does not reduce below 12.5 percent for 
     accredited/credentialed child care, 10 percent for non-
     accredited/non-credentialed child care.
       A 25 percent rate differential for accredited or 
     credentialed child care (as defined in the bill) is phased in 
     over 5 years.
       For child care provided in non-accredited facilities or by 
     non-credentialed providers, the initial percentage is 30 
     percent and the phase out percentage is 10 percent, 
     regardless of the year.
       Initial and phase out percentage for accredited/
     credentialied child care:

------------------------------------------------------------------------
                                                    Initial    Phaseout
           Taxable year beginning in--              percent     percent
------------------------------------------------------------------------
1998............................................        31.5        12.5
1999............................................        33.0        12.5
2000............................................        34.5        12.5
2001............................................        36.0        12.5
2002............................................        37.5        12.5
------------------------------------------------------------------------

       B: Credit made refundable for Low Income Tax Payers:
       Applicable taxpayers are those for whom credit under 
     section 32 of the tax code (EITC) is allowable for the 
     taxable year.
       Coordinated with advance payments and minimum tax rules, 
     including eligibility certification and advance payment 
     table.
       Applies to taxable years beginning December 31, 2001.


           II. Expansion of Dependent Care Assistance Program

       A. Change in Dollar Limitation:
       Applies to child care only--not elder or other dependent 
     care.
       Change in rates for child in accredited/credentialed child 
     care:

------------------------------------------------------------------------
                                                   For 1      2 or more
          Taxable years beginning in:            qualifying   qualifying
                                                   child        child
------------------------------------------------------------------------
1998..........................................       $5,200       $6,700
1999..........................................        5,400        6,900
2000..........................................        5,600        7,100
2001..........................................        5,800        7,300
2002 and thereafter...........................        6,000        7,500
------------------------------------------------------------------------

  Change in rates for child NOT in accredited/credentialed child care:

------------------------------------------------------------------------
                                                   For 1      2 or more
         Taxable years beginning in--            qualifying   qualifying
                                                   child        child
------------------------------------------------------------------------
1998..........................................       $4,800       $6,300
1999..........................................        4,600        6,100
2000..........................................        4,400        5,900
2001..........................................        4,200        5,700
2002 and thereafter...........................        4,000        5,500
------------------------------------------------------------------------

       B. Changes in eligibility for Dependent Care Assistance 
     Program:
       Exception in calendar year spending requirement and 
     prohibition against using Dependent Care Assistance Program 
     to pay relative providing care.
       During pregnancy, parent may elect to join the employer's 
     Dependent Care Assistance Program at any time during 
     pregnancy.
       If parent signs up during a pregnancy, each deposit into 
     the individual's Dependent Care Assistance Account may be 
     available for use for a 12 month period.
       If parent signs up during a pregnancy, the funds may be 
     used to reimburse a parent or spouse to remain at home with 
     the newborn child as an alternative to placing the child in 
     child care in order to return to work.
       Federal employees must be provided with the opportunity to 
     enroll in a Dependent Care Assistance Program.


    iii. charitable deduction for donating educational equipment & 
                               materials

       Extending eligibility for qualified charitable deduction 
     for business donation of educational equipment and materials 
     to public schools, accredited or credentialed non-profit 
     child care providers, and public or non-profit child care 
     support entities.


  iv. tax deduction for specific educational expenses for individual 
                          child care providers

       Exemption from the 2% floor on applicable to miscellaneous 
     itemized deductions is provided for educational expenses 
     directly related to achieving or maintaining child care 
     accreditation or professional child care credentials for 
     individuals deriving at least 60% of their taxable income 
     through the provision of child care services.


                   v. change in home office deduction

       Limited exception to the exclusive use rule permitting 
     mixed use of space for business and personal purposes in the 
     case of taxpayers who conduct home-based business while 
     caring for dependents.
       Revenue Estimate: 4.11 Billion over 10 years.
       Revenue Offset: To offset these increases, the dependent 
     care tax credit is reduced (not eliminated) for upper-income 
     taxpayers and the amount that an employee can place in a 
     dependent care assistance plan used to reimburse non-
     accredited or non-credential child care is decreased. In 
     addition, the amendment expands the coordinated enforcement 
     efforts of the Internal Revenue Service and the HHS Office of 
     Child Support Enforcement, which will significantly reduce 
     the amount of fraud related to illegal tax deduction and 
     credit claims by non-custodial parents.
       For the Purpose of this Amendment:
       The terms credential and accreditation are used to refer to 
     formal credentialing and accreditation processes by a private 
     non-profit or public entity that is state recognized

[[Page S6551]]

     (minimum requirements: age-appropriate health and safety 
     standards, age-appropriate developmental and educational 
     activities as an integral part of the program, outside 
     monitoring of the program/individual, accreditation/
     credentialing instruments based on peer-validated research, 
     programs/facilities meet any applicable state and local 
     licensing requirements, and on-going staff development-
     training which includes related skills testing). There are 
     several organizations and a few states that currently provide 
     accreditation and/or credentialing for early childhood 
     development programs, child care and child care providers.
                                 ______
                                 

                  LEVIN (AND McCAIN) AMENDMENT NO. 556

  Mr. ROTH (for Mr. Levin for himself and Mr. McCain) proposed an 
amendment to the bill, S. 949, supra; as follows:

       On page 267, between lines 15 and 16, insert the following:

     SEC.  . SENSE OF THE SENATE REGARDING TAX TREATMENT OF STOCK 
                   OPTIONS.

       (a) Findings.--The Senate finds that--
       (1) currently businesses can deduct the value of stock 
     options as business expense on their income tax returns, even 
     though the stock options are not treated as an expense on the 
     books of these same businesses; and
       (2) stock options are the only form of compensation that is 
     treated in this way.
       (b) Sense of the Senate.--It is the sense of the Senate 
     that the Committee on Finance of the Senate should hold 
     hearings on the tax treatment of stock options.
                                 ______
                                 

                  ENZI (AND OTHERS) AMENDMENT NO. 557

  Mr. ROTH (for Mr. Enzi for himself, Mr. Hagel, Mr. Hutchinson, Mr. 
Grams, Mr. Roberts, Mr. Inhofe, Mr. Thomas, Mr. Allard, Mr. Lugar, Mr. 
Santorum, Mr. Frist, Mr. Burns, and Mr. Sessions) proposed an amendment 
to the bill, S. 949, supra; as follows:

       At the appropriate place in the bill, insert the following:

     SEC.  . SENSE OF THE SENATE ON ESTATE TAXES.

       (a) The Senate finds that whereas--
       (1) The Federal estate tax punishes hard working small 
     business owners and discourages savings and growth; and
       (2) The Federal estate tax imposes an unfair economic 
     burden on small businesses and reduces their ability to 
     survive and compete with large corporations; and
       (3) A reduction in Federal estate taxes for family-owned 
     farms and enterprises will help to prevent the liquidation of 
     small businesses that strengthen American communities by 
     providing jobs and security;
       (b) It is the Sense of the Senate that--
       (1) The estate tax relief provided in this bill is an 
     important step that will enable more family-owned farms and 
     small businesses to survive and continue to provide economic 
     security and job creation in American communities; and
       (2) Congress should eliminate the Federal estate tax 
     liability for family-owned businesses by the end of 2002 on a 
     deficit-neutral basis.
                                 ______
                                 

                         DODD AMENDMENT NO. 558

  Mr. ROTH (for Mr. Dodd) proposed an amendment to the bill, S. 949, 
supra; as follows:

       On page 77, between lines 11 and 12, insert the following:

     SEC.  . TREATMENT OF CANCELLATION OF CERTAIN STUDENT LOANS.

       (a) Certain Loans by Exempt Organizations.--
       (1) In general.--Paragraph (2) of section 108(f) (defining 
     student loan) is amended by striking ``or'' at the end of 
     subparagraph (B) and by striking subparagraph (D) and 
     inserting the following:
       ``(D) any educational organization described in section 
     170(b)(1)(A)(ii) if such loan is made--
       ``(i) pursuant to an agreement with any entity described in 
     subparagraph (A), (B), or (C) under which the funds from 
     which the loan was made were provided to such educational 
     organization, or
       ``(ii) pursuant to a program of such educational 
     organization which is designed to encourage its students to 
     serve in occupations with unmet needs or in areas with unmet 
     needs and under which the services provided by the students 
     (or former students) are for or under the direction of a 
     governmental unit or an organization described in section 
     501(c)(3) and exempt from tax under section 501(a).

     The term `student loan' includes any loan made by an 
     educational organization so described or by an organization 
     exempt from tax under section 501(a) to refinance a loan 
     meeting the requirements of the preceding sentence.''
       (2) Exception for discharges on account of services 
     performed for certain lenders.--Subsection (f) of section 108 
     is amended by adding at the end the following new paragraph:
       ``(3) Exception for discharges on account of services 
     performed for certain lenders.--Paragraph (1) shall not apply 
     to the discharge of a loan made by an organization described 
     in paragraph (2)(D) (or by an organization described in 
     paragraph (2)(E) from funds provided by an organization 
     described in paragraph (2)(D)) if the discharge is on account 
     of services performed for either such organization.''
       (b) Certain Student Loans the Repayment of Which Is Income 
     Contingent.--Paragraph (1) of section 108(f) is amended by 
     striking ``any student loan if'' and all that follows and 
     inserting ``any student loan if--
       ``(A) such discharge was pursuant to a provision of such 
     loan under which all or part of the indebtedness of the 
     individual would be discharged if the individual worked for a 
     certain period of time in certain professions for any of a 
     broad class of employers, or
       ``(B) in the case of a loan made under part D of title IV 
     of the Higher Education Act of 1965 which has a repayment 
     schedule established under section 455(e)(4) of such Act 
     (relating to income contingent repayments), such discharge is 
     after the maximum repayment period under such loan (as 
     prescribed under such part).''
       (c) Effective Date.--The amendments made by this section 
     shall apply to discharges of indebtedness after the date of 
     the enactment of this Act.
                                 ______
                                 

                        GRAMS AMENDMENT NO. 559

  Mr. ROTH (for Mr. Grams) proposed an amendment to the bill, S. 949, 
supra; as follows:

       ``(j) Qualified Games of Chance.--
       (1) In general.--The term `unrelated trade or business' 
     does not include the activity of qualified games of chance.
       (2) Qualified games of chance.--For purposes of this 
     subsection, the term `qualified games of chance means any 
     game of chance, other than provided in subsection (f), 
     conducted by an organization if--
       ``(A) such organization is licensed pursuant to State law 
     to conduct such game,
       ``(B) only organizations which are organized as nonprofit 
     corporations or are exempt from tax under section 501(a) may 
     be so licensed to conduct such game within the State, and
       ``(C) the conduct of such game does not violate State or 
     local law.''
                                 ______
                                 

                     DORGAN AMENDMENTS NOS. 560-561

  Mr. ROTH (for Mr. Dorgan) proposed two amendments to the bill, S. 
949, supra; as follows:

                           Amendment No. 560

       On page 211, between lines 5 and 6, insert the following:

     SEC. 724. DISTRIBUTIONS FROM INDIVIDUAL RETIREMENT ACCOUNTS 
                   MAY BE USED WITHOUT PENALTY TO REPLACE OR 
                   REPAIR PROPERTY DAMAGED IN PRESIDENTIALLY 
                   DECLARED DISASTER AREAS.

       (a) In General.--Section 72(t)(2) (relating to exceptions 
     to 10-percent additional tax on early distributions), as 
     amended by sections 203 and 303, is amended by adding at the 
     end the following new subparagraph:
       ``(G) Distributions for disaster-related expenses.--
     Distributions from an individual retirement plan which are 
     qualified disaster-related distributions.''
       (b) Qualified Disaster-Related Distributions.--Section 
     72(t), as amended by sections 203 and 303, is amended by 
     adding at the end the following new paragraph:
       ``(9) Qualified disaster-related distributions.--For 
     purposes of paragraph (2)(E)--
       ``(A) In general.--The term `qualified disaster-related 
     distribution' means any payment or distribution received by 
     an individual to the extent that the payment or distribution 
     is used by such individual within 60 days of the payment or 
     distribution to pay for the repair or replacement of tangible 
     property which is disaster-damaged property.
       ``(B) Limitations.--
       ``(i) Only distributions within 2 years.--The term 
     `qualified disaster-related distribution' shall only include 
     any payment or distribution which is made during the 2-year 
     period beginning on the date of the determination referred to 
     in subparagraph (D).
       ``(ii) Dollar limitation.--Such term shall not include 
     distributions to the extent the amount of such distributions 
     exceeds $10,000 during the 2-year period described in clause 
     (i).
       ``(C) Disaster-damaged property.--The term `disaster-
     damaged property' means property--
       ``(i) which was located in a disaster area on the date of 
     the determination referred to in subparagraph (C), and
       ``(ii) which was destroyed or substantially damaged as a 
     result of the disaster occurring in such area.
       ``(D) Disaster area.--The term `disaster area' means an 
     area determined by the President during 1997 to warrant 
     assistance by the Federal Government under the Robert T. 
     Stafford Disaster Relief and Emergency Assistance Act.''
       (c) Effective Date.--The amendments made by this section 
     shall apply to payments and distributions after December 31, 
     1996, with respect to disasters occurring after such date.

     SEC. 725. ELIMINATION OF 10 PERCENT FLOOR FOR DISASTER 
                   LOSSES.

       (a) General Rule.--Section 165(h)(2)(A) (relating to net 
     casualty loss allowed only to the extent it exceeds 10 
     percent of adjusted gross income) is amended by striking 
     clauses (i) and (ii) and inserting the following new clauses:

[[Page S6552]]

       ``(i) the amount of the personal casualty gains for the 
     taxable year,
       ``(ii) the amount of the federally declared disaster losses 
     for the taxable year (or, if lesser, the net casualty loss), 
     plus
       ``(iii) the portion of the net casualty loss which is not 
     deductible under clause (ii) but only to the extent such 
     portion exceeds 10 percent of the adjusted gross income of 
     the individual.
     For purposes of the preceding sentence, the term `net 
     casualty loss' means the excess of personal casualty losses 
     for the taxable year over personal casualty gains.''
       (b) Federally Declared Disaster Loss Defined.--Section 
     165(h)(3) (relating to treatment of casualty gains and 
     losses) is amended by adding at the end the following new 
     subparagraph:
       ``(C) Federally declared disaster loss.--
       ``(i) In general.--The term `federally declared disaster 
     loss' means any personal casualty loss attributable to a 
     disaster occurring during 1997 in an area subsequently 
     determined by the President of the United States to warrant 
     assistance by the Federal Government under the Robert T. 
     Stafford Disaster Relief and Emergency Assistance Act.
       ``(ii) Dollar limitation.--Such term shall not include 
     personal casualty losses to the extent such losses exceed 
     $10,000 for the taxable year.''
       (c) Conforming Amendment.--The heading for section 
     165(h)(2) is amended by striking ``Net casualty loss'' and 
     inserting ``Net nondisaster casualty loss''.
       (d) Effective Date.--The amendments made by this section 
     shall apply to losses attributable to disasters occurring 
     after December 31, 1996, including for purposes of 
     determining the portion of such losses allowable in taxable 
     years ending before such date pursuant to an election under 
     section 165(i) of the Internal Revenue Code of 1986.
                                  ____

       On page 211, between lines 5 and 6, insert the following:

     SECTION 724. ABATEMENT OF INTEREST ON UNDERPAYMENTS BY 
                   TAXPAYERS IN PRESIDENTIALLY DECLARED DISASTER 
                   AREAS.

       (a) In General.--Section 6404 (relating to abatements) is 
     amended by adding at the end the following:
       ``(h) Abatement of Interest on Underpayments by Taxpayers 
     in Presidentially Declared Disaster Areas.--
       ``(1) In general.--If the Secretary extends for any period 
     the time for filing income tax returns under section 6081 and 
     the time for paying income tax with respect to such returns 
     under section 6161 (and waives any penalties relating to the 
     failure to so file or so pay) for any individual located in a 
     Presidentially declared disaster area, the Secretary shall 
     abate for such period the assessment of any interest 
     prescribed under section 6601 on such income tax.
       ``(2) Presidentially declared disaster area.--For purposes 
     of paragraph (1), the term `Presidentially declared disaster 
     area' means, with respect to any individual, any area which 
     the President has determined during 1997 warrants assistance 
     for the Federal Government under the Robert T. Stafford 
     Disaster Relief and Emergency Assistance.
       ``(3) Individual.--For purposes of this subsection, the 
     term `individual' shall not include any estate or trust.''
       (b) Effective Date.--The amendment made by this section 
     shall apply to disasters declared after December 31, 1996.
                                 ______
                                 

                        BIDEN AMENDMENT NO. 562

  Mr. ROTH (for Mr. Biden) proposed an amendment to the bill, S. 949, 
supra; as follows:

       At the appropriate place, insert the following:

     SEC.  . SURVIVOR BENEFITS FOR PUBLIC SAFETY OFFICERS KILLED 
                   IN THE LINE OF DUTY.

       In General.--Part III of subchapter B of chapter 1 
     (relating to items specifically excluded from gross income) 
     is amended by redesignating section 138 as section 139 and by 
     inserting after section 137 the following new section:

     ``SEC. 138. SURVIVOR BENEFITS ATTRIBUTABLE TO SERVICE BY A 
                   PUBLIC SAFETY OFFICER WHO IS KILLED IN THE LINE 
                   OF DUTY.

       ``(a) In General.--Gross income shall not include any 
     amount paid as a survivor annuity on account of the death of 
     a public safety officer (as such term is defined in section 
     1204 of the Omnibus Crime Control and Safe Streets Act of 
     1968) killed in the line of duty--
       ``(1) if such annuity is provided under a governmental plan 
     which meets the requirements of section 401(1) to the spouse 
     (or a former spouse) of the public safety officer or to a 
     child of such officer; and
       ``(2) to the extent such annuity is attributable to such 
     officer's service as a public safety officer.
       ``(b) Exceptions.--
       ``(1) In general.--Subsection (a) shall not apply with 
     respect to the death of any public safety officer if--
       ``(A) the death was caused by the international misconduct 
     of the officer or by such officer's intention to bring about 
     such officer's death;
       ``(B) the officer was voluntarily intoxicated (as defined 
     in section 1204 of the Omnibus Crime Control and Safe Streets 
     Act of 1968) at the time of death; or
       ``(C) the officer was performing such officer's duties in a 
     grossly negligent manner at the time of death.
       ``(2) Exception for benefits paid to certain individuals.--
     Subsection (a) shall not apply to any payment to an 
     individual whose actions were a substantial contributing 
     factor at the death of the officer.
       (b) Effective Date.--The amendments made by this subsection 
     shall apply to amounts received in taxable years beginning 
     after December 31, 1996, with respect to individuals dying 
     after such date.
                                 ______
                                 

                  DODD (AND D'AMATO) AMENDMENT NO. 563

  Mr. ROTH (for Mr. Dodd for himself and Mr. D'Amato) proposed an 
amendment to the bill, S. 949, supra; as follows:

       On page 267, between lines 15 and 16, insert the following:

     SEC.   . TREATMENT OF CERTAIN DISABILITY BENEFITS RECEIVED BY 
                   FORMER POLICE OFFICERS OR FIREFIGHTERS.

       (a) General Rule.--For purposes of determining whether any 
     amount to which this section applies is excludable from gross 
     income under section 104(a)(1) of the Internal Revenue Code 
     of 1986, the following conditions shall be treated as 
     personal injuries or sickness in the course of employment:
       (1) Heart disease.
       (2) Hypertension.
       (b) Amounts To Which Section Applies.--his section shall 
     apply to any amount--
       (1) which is payable--
       (A) to an individual (or to the survivors of an individual) 
     who was a full-time employee of any police department or fire 
     department which is organized and operated by a State, by any 
     political subdivision thereof, or by any agency or 
     instrumentality of a State or political subdivision thereof, 
     and
       (B) under a State law (as in existence on July 1, 1992) 
     which irrebuttably presumed that heart disease and 
     hypertension are work-related illnesses but only for 
     employees separating from service before such date; and
       (2) which is received in calendar year 1989, 1990, or 1991.

       For purposes of the preceding sentence, the term ``State'' 
     includes the District of Columbia.
       (c) Waiver of Statute of Limitations.--If, on the date of 
     the enactment of this Act (or at any time within the 1-year 
     period beginning on such date of enactment) credit or refund 
     of any overpayment of tax resulting from the provisions of 
     this section is barred by any law or rule of law, credit or 
     refund of such overpayment shall, nevertheless, be allowed or 
     made if claim therefore is filed before the date 1 year after 
     such date of enactment.

     SECTION   . REMOVAL OF DOLLAR LIMITATION ON BENEFIT PAYMENTS 
                   FROM A DEFINED BENEFIT PLAN MAINTAINED FOR 
                   CERTAIN POLICE AND FIRE EMPLOYEES.

       (a) In General.--Subparagraph (G) of section 415(b)(2) of 
     the Internal Revenue Code of 1986 is amended by striking 
     ``participant--'' and all that follows and inserting 
     ``participant, subparagraphs (C) and (D) of this paragraph 
     and subparagraph (B) of paragraph (1) shall not apply.''
       (b) Effective Date.--The amendment made by subsection (a) 
     shall apply to years beginning after December 31, 1996.
                                 ______
                                 

                        BOXER AMENDMENT NO. 564

  Mr. ROTH (for Mrs. Boxer) proposed an amendment to the bill, S. 949, 
supra; as follows:

       On page 208, between lines 16 and 17, insert the following:

     SEC.  . DIVERSIFICATION IN SECTION 401(K) PLAN INVESTMENTS.

       (a) Limitations on Investment in Employer Securities and 
     Employer Real Property by Cash or Deferred Arrangements.--
     Section 407(d)(3) of the Employee Retirement Income Security 
     Act of 1974 (29 U.S.C. 1107(d)(3)) is amended by adding at 
     the end the following:
       ``(D)(i) The term `eligible individual account plan' does 
     not include that portion of an individual account plan that 
     consists of elective deferrals (as defined in section 
     402(g)(3) of the Internal Revenue Code of 1986) pursuant to a 
     qualified cash or deferred arrangement as defined in section 
     401(k) of the Internal Revenue Code of 1986 (and earnings 
     allocable thereto) are required to be invested in qualifying 
     employer securities or qualifying employer real property or 
     both pursuant to the documents and instruments governing the 
     plan or at the direction of a person other than the 
     participant on whose behalf such elective deferrals are made 
     to the plan (or the participant's beneficiary).
       ``(ii) For purposes of subsection (a), such portion shall 
     be treated as a separate plan.
       ``(iii) This subparagraph shall not apply to an individual 
     account plan if the fair market value of the assets of all 
     individual account plans maintained by the employer equals 
     not more than 10 percent of the fair market value of the 
     assets of all pension plans maintained by the employer.
       ``(iv) This subparagraph shall not apply to an individual 
     account plan that is an employee stock ownership plan as 
     defined in

[[Page S6553]]

     section 409(a) or 4975(e)(7) of the Internal Revenue Code.''.
       (v) This subparagraph shall not apply to an individual 
     account plan if not more than 1 percent of an employees 
     eligible compensation deposited to the plan as an elective 
     deferral (as so defined) is required to be invested in the 
     qualifying employer securities.
       (b) Effective Date.--(1) In general.--The amendments made 
     by this section shall apply to employer securities and 
     employer real property acquired after the beginning of the 
     first plan year beginning after the 90th day after the date 
     of enactment of this Act.
       (2) Special rule for certain acquisitions.--Employer 
     securities and employer real property acquired pursuant to a 
     binding written contract to acquire such securities and real 
     property in effect on the date of enactment of this Act and 
     at all times thereafter, shall be treated as acquired 
     immediately before such date.
                                 ______
                                 

                       DASCHLE AMENDMENT NO. 565

  Mr. ROTH (for Mr. Daschle) proposed an amendment to the bill, S. 949, 
supra; as follows:

       Beginning on page 189, line 24, strike ``and'' and all that 
     follows through page 190, line 1, and insert the following:
       ``(III) capital expenditures related to rail operations for 
     Class II or Class III rail carriers in the State,
       ``(IV) any project that is eligible to receive funding 
     under section 5309, 5310, or 5311 of title 49, United States 
     Code,
       ``(V) any project that is eligible to receive funding under 
     section 130 of title 23, United States Code, and
       ``(VI) the payment of interest.

  Mr. DASCHLE. Mr. President, I ask unanimous consent that additional 
material be printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

Daschle Amendment to S. 949 to Expand Uses of Intercity Passenger Rail 
                       Fund for Non-Amtrak States


                     limitations proposed by s. 949

       The Finance Committee bill creates an Intercity Passenger 
     Rail Fund financed by 0.5 cent per gallon of the federal fuel 
     excise taxes primarily to finance Amtrak. The bill also sets 
     aside 1% of annual program funds per year for each state with 
     no Amtrak service. The six states currently lacking Amtrak 
     service are South Dakota, Wyoming, Oklahoma, Maine, Alaska 
     and Hawaii. However, the bill limits the use of those funds 
     by non-Amtrak States to: (1) intercity passenger rail or bus 
     service capital improvements and maintenance, or (2) The 
     purchase of inter-city passenger rail services from the 
     National Railroad Passenger Corporation.


                  problems posed to non-amtrak states

       South Dakota and some of the other non-Amtrak states have 
     no passenger rail service and only limited intercity bus 
     service. This type of funding would not significantly benefit 
     these states, nor could they wisely invest funds in such 
     service.


      amendment allows non-amtrak states to use funds productively

       The amendment would expand the use of funding provided to 
     non-Amtrak states under this provision to include the 
     expenditure of such funds for:
       1. Rural and public transportation projects that are 
     eligible for funding under Sections 5309 (discretionary 
     transit-urban areas), 5310 (transit capital for the elderly 
     and handicapped), and 5311 (rural transit capital and 
     operations) of Title 49 USC. Rural public transportation (a 
     portion of which is intercity in nature in transporting 
     elderly and disabled from small towns to larger cities for 
     medical care, shopping and other purposes, as well as 
     providing local nutritional needs and mobility) is extremely 
     important and needed in South Dakota in order to deal with 
     the vast aging population in a sparsely populated area. 
     During FY 1996 in the State, rural public transportation 
     operators provided 1,114,672 rides and traveled 2,102,414 
     miles transporting the elderly and disabled of which over 50% 
     of the rides were for medical, employment and nutritional 
     needs. However, only about two-thirds of the State currently 
     has access to limited Public Transportation, and over half of 
     the existing transit vehicles in the providers' fleets are 
     older than 7 years or have over 1000,000 miles. Therefore 
     this funding would address significant public transit needs.
       2. Rail/highway crossing safety projects that are eligible 
     for funding under Section 130 of Title 23, USC. Only 219 out 
     of 2025 of South Dakota's rail/highway crossings are 
     signalized, and there is a tremendous unmet need to improve 
     the safety of rail/highway crossings in the state.
       3. Capital expenditures related to rail operations for 
     Class II and Class III railroads within the state. Only 
     railroads that are primarily regional carriers-not large 
     railroads would be eligible for assistance. This is extremely 
     important for states like South Dakota which depends on 
     regional carriers and has made a major investment on its own 
     and currently owns approximately 50% of the rail lines 
     operating in the state in order to provide a core rail 
     transportation system to benefit the state's agricultural 
     economy.

                          ____________________