[Congressional Record Volume 145, Number 102 (Monday, July 19, 1999)]
[Senate]
[Pages S8802-S8805]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. BAUCUS:
  S. 1392. A bill to amend the Internal Revenue Code of 1986 to provide 
tax incentives for the voluntary conservation of endangered species, 
and for other purposes; to the Committee on Finance.


                THE SPECIES CONSERVATION TAX ACT OF 1999

  Mr. BAUCUS. Mr. President, today I am introducing the Species 
Conservation Tax Act of 1999.
  The Endangered Species Act sometimes is referred to as our most 
important environmental law. However, it also is one of the most 
controversial. Over the past decade, a debate has raged about whether, 
and how, the Act should be revised. In 1995, Congress went so far as to 
impose a complete moratorium on the listing of species (fortunately, 
the moratorium has since been lifted). Several bills were introduced, 
and given serious consideration, that would have radically weakened the 
law.
  On a more positive note, last Congress, after several years of work, 
the Environment and Public Works Committee reported a bipartisan bill, 
supported by the Clinton Administration, that would have made a series 
of modest, common-sense reforms to the Act. Unfortunately, that bill 
was never considered by the full Senate.
  There seems, however, to be an agreement on at least one basic point: 
we should use more incentives to promote the conservation of threatened 
and endangered species, including tax incentives. For example, in 1995, 
a group organized by the Keystone Center reported that ``taxes, 
including income taxes, estate taxes, and property taxes, affect all 
landowners and sometimes significantly affect their land use decisions. 
Changes in tax laws, including some that have a relatively small cost 
to the Treasury, could yield important conservation benefits.''
  Over the years, we have made some progress. The tax code now contains 
two significant incentives for conserving land. One is section 170(h), 
which allows a charitable contribution deduction for donations of 
conservation easements in order to, among other things, preserve 
wildlife habitat. The other is section 2031(c), which, with the 
leadership of Senator Chafee, was enacted in 1997; it complements 
section 170(h) with an estate tax incentive to encourage the 
conservation of land for future generations.
  The bill that I am introducing today builds on these provisions. It 
enhances the section 170(h) and section 2031(c) incentives, and it adds 
a new estate tax incentive for land that is managed to protect 
threatened or endangered species.
  Let me briefly describe each provision of the bill.


  Income Tax Exclusion for Cost Share Payments Under the Partners for 
                            Wildlife Program

  Tax Code section 126 excludes from income payments received pursuant 
to certain agricultural and silvicultural conservation programs; it 
specifically excludes payments received pursuant to eight specific 
programs, then provides two general exclusions, one for payments 
received pursuant to certain state programs and another for ``any small 
watershed program administered by the Secretary of Agriculture which is 
determined by the Secretary of the Treasury . . . to be substantially 
similar'' to the eight specific programs. The Joint Tax Committee 
explained the reason for the adoption of this provision, in 1978, as 
follows:

       In general, these programs relate to improvements which 
     further conservation, protect or restore the environment, 
     improve forests, or provide a habitat for wildlife. These 
     payments ordinarily do not improve the income producing 
     capacity of the property. Also, since these payments 
     represent a portion of an expenditure made by the taxpayer, 
     the taxpayer generally does not have additional funds to pay 
     the tax when such payments are made. The potential adverse 
     tax consequences may operate to discourage certain taxpayers 
     from participating in these programs.
       For these reasons, Congress believes that it is appropriate 
     to exclude these payments from income, and to provide for 
     their inclusion only at the time the underlying property is 
     disposed of.

  However, this provision does not apply to all of the appropriate 
programs. In 1987, the U.S. Fish and Wildlife Service established the 
Partners for Wildlife program, which provides cost-sharing assistance 
to landowners for various wildlife conservation efforts. To date, 
18,000 landowners have participated voluntarily in the program, 
restoring more than 330,000 acres of wetlands alone. In fiscal year 
1999, about $28 million will be available through the program, of which 
about $9 million is expected to be paid directly to landowners as cost-
share payments.
  Although cost-share payments made to private landowners under the 
Partners for Wildlife program are similar to the payments that are 
excluded under section 126, payments under the Partners for Wildlife 
program are not eligible for the exclusion, because the Partners 
program is not one of the specific programs listed in section 126 and 
cannot qualify as a ``substantially similar'' program because it is not 
administered by the Secretary of Agriculture. As a result, landowners 
who receive payments for protecting habitat under the Partners program 
get a 1099 form, from the IRS, stating that the payments must be 
treated as taxable income. If, for example, the Fish and Wildlife 
Service plans to pay a riparian landowner $10,000 to take steps to 
restore streamside habitat, federal taxes can reduce the value of the 
payment by several thousand dollars. I have received reports that this 
is causing some landowners to decline to participate in the program.
  Mr. President, the Partners for Wildlife program serves the important 
purpose of promoting federal-state-private partnerships to conserve 
species and the habitat upon which they depend. Payments received under 
the program are similar to those that are excluded under section 126: 
they promote conservation, they ordinarily do not improve the income 
producing capacity of the property, they represent a portion of an 
expenditure made by the taxpayer, and the potential adverse tax

[[Page S8803]]

consequences may operate to discourage some taxpayers from 
participating. For these reasons, it is appropriate to amend section 
126 to treat payments received under the Partners for Wildlife program 
the same as other conservation payments. The bill would do so.

  There is broad support for this change among both environmentalists 
and landowners: It is supported by the Environmental Defense Fund, the 
American Farm Bureau Federation, the Center for Marine Conservation, 
American Rivers, the National Woodland Owners Association, the 
Defenders of Wildlife, the Izaak Walton League of America, and the 
National Cattlemen's Beef Association.

Enhanced Deduction for the Donation of Interests in Real Property that 
               Conserve Threatened or Endangered Species

  Under current law, a taxpayer generally may not take a charitable 
contribution deduction for the donation of a property interest that is 
less than the taxpayer's entire interest in the property. There are 
several exceptions. One is for donations of conservation easements, 
which include easements to preserve open space and protect natural 
habitat. Taxpayers may deduct the value of such contributions, but only 
up to 30% of the taxpayer's adjusted gross income, with a five year 
carry-forward.
  The bill would enhance the deduction for contributions of 
conservation easements that are made for the purpose of the 
conservation of a species that has been listed as threatened or 
endangered (or proposed for listing). The deduction is enhanced in 
three ways: the AGI limitation is increased from 30% to 50%, the carry-
forward period is increased from five to 20 years, and, if the taxpayer 
dies before then, the entire unused carry-forward amount can be 
deducted on the decedent's last return.
  Mr. President, when a landowner donates an interest in property for 
the purpose of conserving an endangered species, the landowner is 
providing a public benefit above and beyond the benefit provided by an 
ordinary conservation easement. For example, an easement might not only 
assure that farmland remains farmland, but also that there are buffer 
strips to control runoff in order to protect and endangered fish and 
that harvesting schedules conform to the needs of migratory waterfowl. 
By taking such steps voluntarily, landowners reduce the need to take 
other steps to preserve the species, including the imposition of 
regulatory restrictions.
  By enhancing the deduction for landowners who take such steps, we 
create a modest additional incentive for landowners not only to 
conserve land but also to assure that the land is managed in a way that 
helps conserve and recover endangered species.

 Estate Tax Exclusion for Property Subject to a Conservation Agreement

  Under current law, an executor can deduct the value of a conservation 
easement (within the meaning of section 170(h)) from the value of an 
estate. In addition, section 2031(c), an executor can exclude from the 
estate up to 40% of the remaining value of the land subject to the 
easement.
  For example, if a decedent conveys property worth $1,000,000, subject 
to a conservation easement that reduces the value of the property by 
$300,000, and the property qualifies for the full 40% exclusion, the 
taxable portion of the estate would be $280,000 (40 percent of the 
$700,000 in remaining value after deducting the $300,000 value of the 
easement).
  The amount of the exclusion is limited to $500,000 and, under section 
170(h), the conservation easement must be granted in perpetuity.
  The bill creates a new estate tax incentive for donations of a 
partial interest in property that is subject to an agreement, approved 
by the Secretary of the Interior or Commerce, to carry out activities 
that would make a major contribution to the conservation of a species 
that is listed as threatened or endangered, is proposed for listing, or 
is a candidate for listing. The executor may exclude from the estate 
the entire value of the portion of the property subject to the 
agreement, up to $10,000,000.
  The conservation agreement need not be in perpetuity; after all, the 
purpose of the agreement is to help recover the species, and once that 
goal is achieved, land use restrictions may no longer is necessary. 
However, if the agreement ends in less than 40 years (i.e., because the 
property is sold, there is a material breach of the agreement, or the 
agreement is terminated), the estate must pay a recapture amount, as 
follows: 100% of the excluded amount if the agreement is terminated in 
less than 10 years; 75% if it is terminated in less than 20 years; 50% 
if it is terminated in less than 30 years; and 25% if it is terminated 
in less than 40 years.
  Mr. President, current law recognizes that estate tax incentives are 
an appropriate way to encourage landowners to take steps to conserve 
precious natural resources for future generations.
  When a landowner or the executor of a landowner's estate enters into 
an agreement to manage land in a way that makes a major contribution to 
the conservation of an endangered or threatened species, they are, as I 
said before, providing a public benefit above and beyond the benefit 
provided by an ordinary conservation easement. By creating an 
alternative estate tax incentive for landowners who take such steps, we 
create a modest additional incentive for landowners not only to 
conserve land but also to assure that the land is managed in a way that 
helps conserve and recover endangered species.

Elimination of the Mileage Limitation For the Estate Tax Exclusion For 
                Land Subject to a Conservation Easement

  Tax code section 2031(c) allows an executor to exclude from a gross 
estate a portion of the value of land that is subject to a conservation 
easement (within the meaning of section 170(h)), but only if the land 
is within 25 miles of a metropolitan area, a wilderness area, or a 
national park; or is within 10 miles of an Urban National Forest.
  The bill eliminates 25 and 10 mile limitations, so that an executor 
can exclude land subject to a conservation agreement regardless of 
where the land is located.
  Mr. President, section 2031(c) serves the important purpose of 
encouraging landowners to conserve open space for future generations, 
rather than forcing heirs to sell undeveloped land to pay estate taxes. 
The 25 and 10 mile limitations were included in order to reduce the 
revenue loss and target the incentive to the areas that were likely to 
be under the greatest development pressure. However, the mileage 
limitations are a very imperfect proxy. It excludes about one-third of 
the continental United States; in many cases, the excluded lands are 
just as pristine and sensitive as lands surrounding wilderness areas or 
national parks--such as lands surrounding national wildlife refuges. 
And it excludes many fast-growing areas that do not happen to be 
metropolitan statistical areas, like areas outside Bozeman and 
Kalispell, Montana--two of the fastest growing communities in Montana. 
What's more, the mile limitations have a differential impact among 
regions of the country. For example, they have the effect of making 
virtually the entire Northeast and West Coast eligible for the 2031(c) 
incentive, but exclude large parts of the Great Plains and the Rocky 
Mountain West.
  To eliminate this differential impact, and provide a modest incentive 
for conservation all across the country, the mileage limitation should 
be eliminated.

                               Conclusion

  Mr. President, taken together, these complementary provisions provide 
modest but important incentives for the conservation of habitat and the 
protection of endangered species. And, the more we can use tax 
incentives to encourage the conservation of threatened and endangered 
species, the more likely we are to reduce the regulatory burdens 
associated with those species.
  I should note that there are other significant proposals along 
similar lines, including tax proposals introduced by Senators Jeffords 
and Chafee and funding proposals introduced by Senator Boxer. I look 
forward to working with them, and with other interested colleagues, to 
enacted a solid package of conservation tax incentives into law.
  I ask unanimous consent that a copy of the bill be included in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1392

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

[[Page S8804]]

     SECTION 1. SHORT TITLE; AMENDMENT OF 1986 CODE.

       (a) Short Title.--This Act may be cited as the ``Species 
     Conservation Tax Act of 1999''.
       (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.

     SEC. 2. TAX EXCLUSION FOR COST-SHARING PAYMENTS UNDER 
                   PARTNERS FOR WILDLIFE PROGRAM.

       (a) In General.--Section 126(a) (relating to certain cost-
     sharing payments) is amended by redesignating paragraph (10) 
     as paragraph (11) and by inserting after paragraph (9) the 
     following:
       ``(10) The Partners for Fish and Wildlife Program 
     authorized by the Fish and Wildlife Act of 1956 (16 U.S.C. 
     742a et seq.).''
       (b) Effective Date.--The amendments made by this section 
     shall apply to payments received after the date of the 
     enactment of this Act.

     SEC. 3. ENHANCED DEDUCTION FOR THE DONATION OF A CONSERVATION 
                   EASEMENT.

       (a) In General.--Subparagraph (A) of section 170(h)(4) 
     (defining conservation purpose) is amended by striking ``or'' 
     at the end of clause (iii), by striking the period at the end 
     of clause (iv) and inserting ``, or'', and by adding at the 
     end the following:
       ``(v) the conservation of a species designated by the 
     Secretary of the Interior or the Secretary of Commerce under 
     the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq) as 
     endangered or threatened, proposed by such Secretary for 
     designation as endangered or threatened, or identified by 
     such Secretary as a candidate for such designation, provided 
     the property is not required, as of the date of contribution, 
     to be used for such purpose other than by reason of the terms 
     of contribution.''
       (b) Enhanced Deductions.--Subsection (e) of section 170 
     (defining qualified conservation contribution) is amended by 
     adding at the end the following:
       ``(7) Special rules for contributions related to 
     conservation of species.--
       ``(A) In general.--In the case of a qualified conservation 
     contribution by an individual for the conservation of 
     endangered or threatened species, proposed species, or 
     candidate species under (h)(4)(v):
       ``(i) 50 percent limitation to apply.--Such a contribution 
     shall be treated for the purposes of this section as 
     described in subsection (b)(l)(A).
       ``(ii) 20-year carry forward.--Subsection (d)(1) shall be 
     applied by substituting `20 years' for `5 years' each place 
     it appears and with appropriate adjustments in the 
     application of subparagraph (A)(ii) thereof.
       ``(iii) Unused deduction carryover allowed on taxpayer's 
     last return.--If the taxpayer dies before the close of the 
     last taxable year for which a deduction could have been 
     allowed under subsection (d)(1), any portion of the deduction 
     for such contribution which has not been allowed shall be 
     allowed as a deduction under subsection (a) (without regard 
     to subsection (b)) for the taxable year in which such death 
     occurs or such portion may be used as a deduction against the 
     gross estate of the taxpayer.''
       (c) Effective Date.--The amendments made by this section 
     shall apply to contributions made after the date of the 
     enactment of this Act.

     SEC. 4. EXCLUSION FROM ESTATE TAX FOR REAL PROPERTY SUBJECT 
                   TO ENDANGERED SPECIES CONSERVATION AGREEMENT.

       (a) In General.--Part IV of subchapter A of chapter 11 of 
     the Internal Revenue Code of 1986 (relating to taxable 
     estate) is amended by adding at the end the following new 
     section:

     ``SEC. 2058. CERTAIN REAL PROPERTY SUBJECT TO ENDANGERED 
                   SPECIES CONSERVATION AGREEMENT.

       ``(a) General Rule.--For purposes of the tax imposed by 
     section 2001, the value of the taxable estate shall be 
     determined by deducting from the value of the gross estate an 
     amount equal to lesser of--
       ``(1) the adjusted value of real property included in the 
     gross estate which is subject to an endangered species 
     conservation agreement, or
       ``(2) $10,000,000.
       ``(b) Property Subject to an Endangered Species 
     Conservation Agreement.--For purposes of this section--
       ``(1) In general.--Real property shall be treated as 
     subject to an endangered species conservation agreement if--
       ``(A) such property was owned by the decedent or a member 
     of the decedent's family at all times during the 3-year 
     period ending on the date of the decedent's death,
       ``(B) each person who has an interest in such property 
     (whether or not in possession) has entered into--
       ``(i) an endangered species conservation agreement with 
     respect to such property, and
       ``(ii) a written agreement with the Secretary consenting to 
     the application of subsection (d), and
       ``(C) the executor of the decedent's estate--
       ``(i) elects the application of this section, and
       ``(ii) files with the Secretary such endangered species 
     conservation agreement.
       ``(2) Adjusted value.--
       ``(A) In general.--The adjusted value of any real property 
     shall be its value for purposes of this chapter, reduced by--
       ``(i) any amount deductible under section 2055(f) with 
     respect to the property, and
       ``(ii) any acquisition indebtedness with respect to the 
     property.
       ``(B) Acquisition indebtedness.--For purposes of this 
     paragraph, the term `acquisition indebtedness' means, with 
     respect to any real property, the unpaid amount of--
       ``(i) the indebtedness incurred by the donor in acquiring 
     such property,
       ``(ii) the indebtedness incurred before the acquisition of 
     such property if such indebtedness would not have been 
     incurred but for such acquisition,
       ``(iii) the indebtedness incurred after the acquisition of 
     such property if such indebtedness would not have been 
     incurred but for such acquisition and the incurrence of such 
     indebtedness was reasonably foreseeable at the time of such 
     acquisition, and
       ``(iv) the extension, renewal, or refinancing of an 
     acquisition indebtedness.
       ``(c) Endangered Species Conservation Agreement.--For 
     purposes of this section--
       ``(1) In general.--The term `endangered species 
     conservation agreement' means a written agreement entered 
     into with the Secretary of the Interior or the Secretary of 
     Commerce--
       ``(A) which commits each person who signed such agreement 
     to carry out on the real property activities or practices not 
     otherwise required by law or to refrain from carrying out on 
     such property activities or practices that could otherwise be 
     lawfully carried out and includes--
       ``(i) objective and measurable species of concern 
     conservation goals,
       ``(ii) site-specific and other management measures 
     necessary to achieve those goals, and
       ``(iii) objective and measurable criteria to monitor 
     progress toward those goals,
       ``(B) which is certified by such Secretary as providing a 
     major contribution to the conservation of a species of 
     concern, and
       ``(C) which is for a term that such Secretary determines is 
     sufficient to achieve the purposes of the agreement, but not 
     less than 10 years beginning on the date of the decedent's 
     death.
       ``(2) Species of concern.--The term `species of concern' 
     means any species designated by the Secretary of the Interior 
     or the Secretary of Commerce under the Endangered Species Act 
     of 1973 (16 U.S.C. 1531 et seq) as endangered or threatened, 
     proposed by such Secretary for designation as endangered or 
     threatened, or identified by such Secretary as a candidate 
     for such designation.
       ``(3) Annual certification to the secretary by the 
     secretary of the interior or the secretary of commerce of the 
     status of endangered species conservation agreements.--If the 
     executor elects the application of this section, the executor 
     shall promptly give written notice of such election to the 
     Secretary of the Interior or the Secretary of Commerce. The 
     Secretary of the Interior or the Secretary of Commerce shall 
     thereafter annually certify to the Secretary that the 
     endangered species conservation agreement applicable to any 
     property for which such election has been made remains in 
     effect and is being satisfactorily complied with.
       ``(d) Recapture of Tax Benefit in Certain Cases.--
       ``(1) Disposition of interest or material breach.--
       ``(A) In general.--An additional tax in the amount 
     determined under subparagraph (B) shall be imposed on any 
     person on the earlier of--
       ``(i) the disposition by such person of any interest in 
     property subject to an endangered species conservation 
     agreement (other than a disposition described in subparagraph 
     (C)),
       ``(ii) a material breach by such person of the endangered 
     species conservation agreement, or
       ``(iii) the termination of the endangered species 
     conservation agreement.
       ``(B) Amount of additional tax.--
       ``(i) In general.--The amount of the additional tax imposed 
     by subparagraph (A) with respect to any interest shall be an 
     amount equal to the applicable percentage of the lesser of--

       ``(I) the adjusted tax difference attributable to such 
     interest (within the meaning of section 2032A(c)(2)(B)), or
       ``(II) the excess of the amount realized with respect to 
     the interest (or, in any case other than a sale or exchange 
     at arm's length, the fair market value of the interest) over 
     the value of the interest determined under subsection (a).

       ``(ii) Applicable percentage.--For purposes of clause (i), 
     the applicable percentage is determined in accordance with 
     the following table:

``If, with respect to the date of the agreement, the date of the event 
The applicable percentage is--(A) occurs--
  Before 10 years..............................................100 ....

  After 9 years and before 20 years.............................75 ....

  After 19 years and before 30 years............................50 ....

  After 29 years and before 40 years............................25 ....

  After 39.......................................................0.....

       ``(C) Exception if certain heirs assume obligations upon 
     the death of a person

[[Page S8805]]

     executing the agreement.--Subparagraph (A)(i) shall not apply 
     if--
       ``(i) upon the death of a person described in subsection 
     (b)(1)(B) during the term of such agreement, the property 
     subject to such agreement passes to a member of the person's 
     family, and
       ``(ii) the member agrees--

       ``(I) to assume the obligations imposed on such person 
     under the endangered species conservation agreement,
       ``(II) to assume personal liability for any tax imposed 
     under subparagraph (A) with respect to any future event 
     described in subparagraph (A), and
       ``(III) to notify the Secretary of the Treasury and the 
     Secretary of the Interior or the Secretary of Commerce that 
     the member has assumed such obligations and liability.

     If a member of the person's family enters into an agreement 
     described in subclauses (I), (II), and (III), such member 
     shall be treated as signatory to the endangered species 
     conservation agreement the person entered into.
       ``(2) Due date of additional tax.--The additional tax 
     imposed by paragraph (1) shall become due and payable on the 
     day that is 6 months after the date of the disposition 
     referred to in paragraph (1)(A)(i) or, in the case of an 
     event described in clause (ii) or (iii) of paragraph (1)(A), 
     on April 15 of the calendar year following any year in which 
     the Secretary of the Interior or the Secretary of Commerce 
     fails to provide the certification required under subsection 
     (c)(3).
       ``(e) Statute of Limitations.--If a taxpayer incurs a tax 
     liability pursuant to subsection (d)(1)(A), then--
       ``(1) the statutory period for the assessment of any 
     additional tax imposed by subsection (d)(1)(A) shall not 
     expire before the expiration of 3 years from the date the 
     Secretary is notified (in such manner as the Secretary may by 
     regulation prescribe) of the incurring of such tax liability, 
     and
       ``(2) such additional tax may be assessed before the 
     expiration of such 3-year period notwithstanding the 
     provisions of any other law or rule of law that would 
     otherwise prevent such assessment.
       ``(f) Election and Filing of Agreement.--The election under 
     this section shall be made on the return of the tax imposed 
     by section 2001. Such election, and the filing under 
     subsection (b) of an endangered species conservation 
     agreement, shall be made in such manner as the Secretary 
     shall by regulation provide.
       ``(g) Application of This Section to Interests in 
     Partnerships, Corporations, and Trusts.--This section shall 
     apply to an interest in a partnership, corporation, or trust 
     if at least 30 percent of the entity is owned (directly or 
     indirectly) by the decedent, as determined under the rules 
     described in section 2057(e)(3).
       ``(h) Member of Family.--For purposes of this section, the 
     term `member of the family' means any member of the family 
     (as defined in section 2032A(e)(2)) of the decedent.''
       (b) Carryover Basis.--Section 1014(a)(4) of the Internal 
     Revenue Code of 1986 (relating to basis of property acquired 
     from a decedent) is amended by inserting ``or 2058'' after 
     ``section 2031(c)''.
       (c) Clerical Amendment.--The table of sections for part IV 
     of subchapter A of chapter 11 of the Internal Revenue Code of 
     1986 is amended by adding at the end the following new item:

``Sec. 2058. Certain real property subject to endangered species 
              conservation agreement.''

       (d) Effective Date.--The amendments made by this section 
     shall apply to estates of decedents dying after the date of 
     the enactment of this Act.

     SEC. 5. EXPANSION OF ESTATE TAX EXCLUSION FOR REAL PROPERTY 
                   SUBJECT TO QUALIFIED CONSERVATION EASEMENT.

       (a) Repeal of Certain Restrictions on Where Land Is 
     Located.--Clause (i) of section 2031(c)(8)(A) (defining land 
     subject to a qualified conservation easement) is amended to 
     read as follows:
       ``(i) which is located in the United States or any 
     possession of the United States,''.
       (b) Effective Date.--The amendments made by this section 
     shall apply to estates of decedents dying after the date of 
     the enactment of this Act.

                          ____________________