[Congressional Record Volume 149, Number 10 (Tuesday, January 21, 2003)]
[Senate]
[Pages S1246-S1250]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. SMITH (for himself, Ms. Stabenow, and Mr. Santorum):
  S. 198. A bill to amend the Internal Revenue Code of 1986 to allow an 
income tax credit for the provision of homeownership and community 
development, and for other purposes; to the Committee on Finance.
  Mr. SMITH. Mr. President, I rise today with Senators Stabenow and 
Santorum to introduce the New Homestead Economic Opportunity Act. This 
legislation will create a single-family housing tax credit for 
developers who build in low income areas, and allow more Americans to 
reach their dreams of homeownership. It will also encourage developers 
of single family units to invest in low income areas and improve our 
communities.
  Currently, there are no tax credits available to developers of new or 
rehabilitated, affordable single-family housing. The low-income housing 
tax credit provides tax credits to owners of low-income rental units, 
but does not provide a solution to the problem of a lack of affordable 
homes. The quality of life in distressed neighborhoods can be improved 
dramatically by increasing home ownership. Existing buildings in these 
neighborhoods often need extensive renovation before they can provide 
decent owner-occupied housing. It is also difficult for renovations to 
occur because the costs involved exceed the prices at which the housing 
units could be sold. Similarly, the costs of new construction may 
exceed its market value. Properties sit vacant and neighborhoods remain 
devastated. The New Homestead Economic Opportunity Act bridges the gap 
between development costs and market prices and will revitalize these 
areas.
  Our legislation will create a single-family housing tax credit of 
$1.75 per resident which will be made available annually to States. In 
my home State of Oregon, the most recent Census estimates State or 
local housing credit agencies will award these credits to housing 
units, including condominiums and cooperatives planned for development 
of single-family housing in census tracts with median incomes of 80 
percent or less of area median income. The value of the credits could 
not exceed 50 percent of the qualifying cost of the unit. Rules similar 
to the current law rules for the Low Income Housing Tax Credit will 
apply to determine eligible costs of individual units.
  The owner of the housing unit being sold to a qualified buyer will be 
eligible to claim the single-family housing tax credit over a 5-year 
period beginning on that date. Eligible home buyers must have incomes 
at 80 percent or less of applicable median family income. They would 
not have to be first time homebuyers, and rules similar to the mortgage 
revenue bond provisions will apply to determine applicable median 
family income.
  In Oregon, rising housing costs are prohibiting working families from 
being able to afford homes. With a lack of affordable housing, costs 
are rising, and families are unable to gain the stability and equity 
homeownership provides. In its first year, the New Homestead Economic 
Opportunity Act would support more than 360 new affordable homes, 
probably more if credits are used in connection with less costly 
rehabilitations. A family of three or more with an income of $30,000 
will be a qualified buyer in Oregon. This legislation will affect real 
working Americans.
  I am proud to sponsor this legislation that will further the dream of 
so many Americans through homeownership. I urge my colleagues to join 
me in supporting the New Homestead Economic Opportunity Act.
  I ask unanimous consent that the New Homestead Economic Opportunity 
Act be printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                 S. 198

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

     SECTION 1. SHORT TITLE; ETC.

       (a) Short Title.--This Act may be cited as the ``New 
     Homestead Economic Opportunity Act''.
       (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. COMMUNITY HOMEOWNERSHIP CREDIT.

       (a) In General.--Subpart D of part IV of subchapter A of 
     chapter 1 is amended by inserting after section 42 the 
     following new section:

     ``SEC. 42A. HOMEOWNERSHIP CREDIT.

       ``(a) Allowance of Credit.--For purposes of section 38, the 
     amount of the homeownership credit determined under this 
     section for any taxable year in the credit period shall be an 
     amount equal to the applicable percentage of the eligible 
     basis of each qualified residence.
       ``(b) Applicable Percentage.--For purposes of this 
     section--
       ``(1) In general.--The term `applicable percentage' means 
     the appropriate percentage prescribed by the Secretary for 
     the month in which the taxpayer and the homeownership credit 
     agency enter into an agreement with respect to such residence 
     (which is binding on such agency, the taxpayer, and all 
     successors in interest) as to the homeownership credit dollar 
     amount to be allocated to such residence.
       ``(2) Method of prescribing percentage.--The percentage 
     prescribed by the Secretary for any month shall be the 
     percentage which will yield over a 5-year period amounts of 
     credit under subsection (a) which have a present value equal 
     to 50 percent of the eligible basis of a qualified residence.
       ``(3) Method of discounting.--The present value under 
     paragraph (2) shall be determined--
       ``(A) as of the last day of the 1st year of the 5-year 
     period referred to in paragraph (2),
       ``(B) by using a discount rate equal to 72 percent of the 
     annual Federal mid-term rate applicable under section 
     1274(d)(1) to the month applicable under paragraph (1) and 
     compounded annually, and
       ``(C) by assuming that the credit allowable under this 
     section for any year is received on the last day of such 
     year.
       ``(c) Qualified Residence.--For purposes of this section--
       ``(1) In general.--The term `qualified residence' means any 
     residence--
       ``(A) which is located--

[[Page S1247]]

       ``(i) in a census tract which has a median gross income 
     which does not exceed 80 percent of the greater of area or 
     state-wide median gross income, or
       ``(ii) in an area of chronic economic distress, and
       ``(B) which is purchased by a qualified buyer.

     For purposes of clause (ii) of subparagraph (A), an area is 
     an area of chronic economic distress if it is approved for 
     designation as such under section 143(j)(3), except that such 
     designation shall not require the approval of the Secretary 
     and shall cease to apply after the end of the 5th calendar 
     year after the calendar year in which the designation is 
     made.
       ``(2) Residence.--For purposes of paragraph (1), the term 
     `residence' means--
       ``(A) a single-family home containing 1 to 4 housing units,
       ``(B) a condominium unit,
       ``(C) stock in a cooperative housing corporation (as 
     defined in section 216(b)), or
       ``(D) any factory-made housing which is permanently affixed 
     to real property.
     In the case of a single-family home described in subparagraph 
     (A) which contains more than 1 housing unit, the term 
     `residence' shall not include any new residence and shall 
     include only the portion of such home which is to be occupied 
     by the owner thereof (based on the percentage of the total 
     area of such home which is to be occupied by the owner).
       ``(3) Timing of determination.--For purposes of paragraph 
     (1), the determination of whether a residence is a qualified 
     residence shall be made at the time a binding commitment for 
     an allocation of credit is awarded by the homeownership 
     credit agency, except that the determination of whether a 
     buyer is a qualified buyer shall be made at the time the 
     residence is sold.
       ``(4) Median gross income.--For purposes of this section, 
     median gross income shall be determined consistent with 
     section 143(f)(2).
       ``(d) Eligible Basis.--For purposes of this section--
       ``(1) New qualified residences.--
       ``(A) In general.--The eligible basis of a new qualified 
     residence is--
       ``(i) in the case of a qualified residence which is sold in 
     a transaction which meets the requirements of subparagraph 
     (B), its adjusted basis (excluding land) immediately before 
     such sale, and
       ``(ii) zero in any other case.
       ``(B) Requirements.--A sale of a qualified residence meets 
     the requirements of this subparagraph if--
       ``(i) the buyer acquires the qualified residence by 
     purchase (as defined in section 179(d)(2)),
       ``(ii) the buyer of the qualified residence is not a 
     related person with respect to the seller, and
       ``(iii) the buyer's debt financing is originated by a 3rd 
     party who is not a related person with respect to the seller.
       ``(2) Existing qualified residences.--
       ``(A) In general.--The eligible basis of an existing 
     qualified residence is--
       ``(i) in the case of a qualified residence which is sold in 
     a transaction which meets the requirements of subparagraph 
     (B), the adjusted basis of the rehabilitation expenditures 
     with respect to the qualified residence which are paid or 
     incurred in connection with such sale, and
       ``(ii) zero in any other case.
       ``(B) Requirements.--A sale of a qualified residence meets 
     the requirements of this subparagraph if--
       ``(i) the buyer acquires the qualified residence by 
     purchase (as defined in section 179(d)(2)),
       ``(ii) the qualified residence has undergone substantial 
     rehabilitation in connection with the sale described in 
     clause (i),
       ``(iii) the buyer of the qualified residence is not a 
     related person with respect to the seller, and
       ``(iv) the buyer's debt financing is originated by a 3rd 
     party who is not a related person with respect to the seller.
       ``(C) Substantial rehabilitation.--
       ``(i) In general.--For purposes of subparagraph (B), 
     substantial rehabilitation means rehabilitation expenditures 
     paid or incurred with respect to a qualified residence which 
     are at least $25,000.
       ``(ii) Inflation adjustment.--In the case of a calendar 
     year after 2003, the dollar amount contained in clause (i) 
     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 such calendar year by substituting 
     `calendar year 2002' for `calendar year 1992' in subparagraph 
     (B) thereof.

     Any increase under this clause which is not a multiple of 
     $1,000 shall be rounded to the next lowest multiple of 
     $1,000.
       ``(3) Effect of subsequent sale, etc.--A subsequent sale, 
     assignment, rental, or refinancing of the qualified residence 
     by the buyer or the subsequent sale, assignment, or pooling 
     of the buyer's financing by the originator shall not be 
     considered in determining whether or not the prior sales 
     transaction satisfied the requirements of subparagraph (B) of 
     paragraph (1) or (2).
       ``(4) Special rules relating to determination of adjusted 
     basis.--For purposes of this subsection--
       ``(A) In general.--Except as provided in subparagraph (B), 
     the adjusted basis of any qualified residence (or any 
     rehabilitation expenditures in respect thereof)--
       ``(i) shall not include so much of the basis of such 
     qualified residence (or rehabilitation expenditures) as is 
     determined by reference to the basis of other property held 
     at any time by the person acquiring the residence, and
       ``(ii) shall be determined without regard to the adjusted 
     basis of any property which is not part of such qualified 
     residence.
       ``(B) Basis of property in common areas, etc., included.--
     The adjusted basis of any qualified residence shall be 
     determined by taking into account (on a pro rata basis) the 
     adjusted basis of property (of a character subject to the 
     allowance for depreciation) used in common areas or provided 
     as comparable amenities to all residences within a project.
       ``(5) Special rules for determining eligible basis.--
       ``(A) Related person, etc.--For purposes of this section, a 
     person (in this clause referred to as the `related person') 
     is related to any person if the related person bears a 
     relationship to such person specified in section 267(b) or 
     707(b)(1), or the related person and such person are engaged 
     in trades or businesses under common control (within the 
     meaning of subsections (a) and (b) of section 52). For 
     purposes of the preceding sentence, in applying section 
     267(b) or 707(b)(1), `10 percent' shall be substituted for 
     `50 percent'.
       ``(B) Nonresidential space excluded.--No portion of the 
     eligible basis of a qualified residence shall include costs 
     attributable to nonresidential space.
       ``(C) Limitation.--The eligible basis of any residence may 
     not exceed the mortgage limit for Federal Housing 
     Administration insured mortgages in the area in which such 
     residence is located.
       ``(e) Definition and Special Rules Relating To Credit 
     Period.--
       ``(1) Credit period defined.--For purposes of this section, 
     the term `credit period' means, with respect to any qualified 
     residence, the period of 5 taxable years beginning with the 
     taxable year in which the sale of the qualified residence 
     occurs satisfying the requirements of subsection (d)(1)(B) or 
     (d)(2)(B).
       ``(2) Special rule for 1st year of credit period.--
       ``(A) In general.--The credit allowable under subsection 
     (a) with respect to any qualified residence for the 1st 
     taxable year of the credit period shall be determined by 
     multiplying the eligible basis under subsection (d) by the 
     fraction--
       ``(i) the numerator of which is the sum of the number of 
     remaining whole months in such 1st taxable year after the 
     sale of the qualified residence, and
       ``(ii) the denominator of which is 12.
       ``(B) Disallowed 1st year credit allowed in 6th year.--Any 
     reduction by reason of subparagraph (A) in the credit 
     allowable (without regard to subparagraph (A)) for the 1st 
     taxable year of the credit period shall be allowable under 
     subsection (a) for the 1st taxable year following the credit 
     period.
       ``(f) Limitation on Aggregate Credit Allowable With Respect 
     to Qualified Residences Located in a State.--
       ``(1) Credit may not exceed credit dollar amount allocated 
     to qualified residence.--
       ``(A) In general.--The amount of the credit determined 
     under this section for any taxable year with respect to any 
     qualified residence shall not exceed the homeownership credit 
     dollar amount allocated to such qualified residence under 
     this subsection.
       ``(B) Time for making allocation.--
       ``(i) General rule.--An allocation shall be taken into 
     account under subparagraph (A) only if it is made not later 
     than the close of the calendar year in which the qualified 
     residence is sold, and only if the qualified residence is 
     sold within 1 year after the residence (or the rehabilitation 
     expenditures, as applicable) is completed.
       ``(ii) Earlier allocation by agency.--A homeownership 
     credit agency may allocate available homeownership credit 
     dollar amounts to a qualified residence prior to the year of 
     sale of such qualified residence if--

       ``(I) the taxpayer owns fee title or a leasehold interest 
     of not less than 50 years in the site of the qualified 
     residence as of the later of the date which is 6 months after 
     the date that the allocation was made or the close of the 
     calendar year in which the allocation is made, and
       ``(II) such qualified residence is completed not later than 
     the close of the 2nd calendar year following the calendar 
     year in which the allocation was made.

       ``(C) Vested right to credit dollar amount.--Once a 
     homeownership credit allocation is received by a taxpayer, 
     the right to such credit is vested in such taxpayer and is 
     not subject to recapture, except as provided in paragraph 
     (4)(B).
       ``(2) Homeownership credit dollar amount for agencies.--
       ``(A) In general.--The aggregate homeownership credit 
     dollar amount which a homeownership credit agency may 
     allocate for any calendar year is the portion of the State 
     homeownership credit ceiling allocated under this paragraph 
     for such calendar year to such agency.
       ``(B) State ceiling initially allocated to state 
     homeownership credit agencies.--Except as provided in 
     subparagraphs (D) and (E), the State homeownership credit 
     ceiling for each calendar year shall be allocated to the 
     homeownership credit agency of such State. If there is more 
     than 1 homeownership

[[Page S1248]]

     credit agency of a State, all such agencies shall be treated 
     as a single agency.
       ``(C) State homeownership credit ceiling.--The State 
     homeownership credit ceiling applicable to any State for any 
     calendar year before 2003 shall be zero and for any calendar 
     year after 2002 shall be an amount equal to the sum of--
       ``(i) the unused State homeownership credit ceiling (if 
     any) of such State for the preceding calendar year,
       ``(ii) the greater of--

       ``(I) $1.75 multiplied by the State population, or
       ``(II) $2,000,000,

       ``(iii) the amount of State homeownership credit ceiling 
     returned in the calendar year, plus
       ``(iv) the amount (if any) allocated under subparagraph (D) 
     to such State by the Secretary.

     For purposes of clause (i), the unused State homeownership 
     credit ceiling for any calendar year is the excess (if any) 
     of the sum of the amounts described in clauses (ii) through 
     (iv) over the aggregate homeownership credit dollar amount 
     allocated for such year, except that such amount shall be 
     zero for 2003. For purposes of clause (iii), the amount of 
     State homeownership credit ceiling returned in the calendar 
     year equals the homeownership credit dollar amount previously 
     allocated within the State to any qualified residence with 
     respect to which an allocation is canceled by mutual consent 
     of the homeownership credit agency and the allocation 
     recipient.
       ``(D) Unused homeownership credit carryovers allocated 
     among certain states.--
       ``(i) In general.--The unused homeownership credit 
     carryover of a State for any calendar year shall be assigned 
     to the Secretary for allocation among qualified States for 
     the succeeding calendar year.
       ``(ii) Unused homeownership credit carryover.--For purposes 
     of this subparagraph, the unused homeownership credit 
     carryover of a State for any calendar year is the excess (if 
     any) of the unused State homeownership credit ceiling for 
     such year (as defined in subparagraph (C)(i)) over the excess 
     (if any) of--

       ``(I) the unused State homeownership credit ceiling for the 
     year preceding such year, over
       ``(II) the aggregate homeownership credit dollar amount 
     allocated for such year.

       ``(iii) Formula for allocation of unused homeownership 
     credit carryovers among qualified states.--The amount 
     allocated under this subparagraph to a qualified State for 
     any calendar year shall be the amount determined by the 
     Secretary to bear the same ratio to the aggregate unused 
     homeownership credit carryovers of all States for the 
     preceding calendar year as such State's population for the 
     calendar year bears to the population of all qualified States 
     for the calendar year.
       ``(iv) Qualified state.--For purposes of this subparagraph, 
     the term `qualified State' means, with respect to a calendar 
     year, any State--

       ``(I) which allocated its entire State homeownership credit 
     ceiling for the preceding calendar year, and
       ``(II) for which a request is made (not later than May 1 of 
     the calendar year) to receive an allocation under clause 
     (iii).

       ``(E) State may provide for different allocation.--Rules 
     similar to the rules of section 146(e) (other than paragraph 
     (2)(B) thereof) shall apply for purposes of this paragraph.
       ``(F) Population.--For purposes of this paragraph, 
     population shall be determined in accordance with section 
     146(j).
       ``(G) Cost-of-living adjustment.--
       ``(i) In general.--In the case of a calendar year after 
     2003, the $2,000,000 and $1.75 amounts in subparagraph (C) 
     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 such calendar year by substituting 
     `calendar year 2002' for `calendar year 1992' in subparagraph 
     (B) thereof.

       ``(ii) Rounding.--

       ``(I) In the case of the $2,000,000 amount, any increase 
     under clause (i) which is not a multiple of $5,000 shall be 
     rounded to the next lowest multiple of $5,000.
       ``(II) In the case of the $1.75 amount, any increase under 
     clause (i) which is not a multiple of 5 cents shall be 
     rounded to the next lowest multiple of 5 cents.

       ``(3) Limitation on allocations to areas of chronic 
     economic distress.--Not more than 50 percent of a 
     homeownership credit agency's portion of the State 
     homeownership credit ceiling for a calendar year may be 
     allocated to residences located in areas which are designated 
     as areas of chronic economic distress in accordance with 
     paragraph (1) of subsection (c).
       ``(4) Special rules.--
       ``(A) Residence must be located within jurisdiction of 
     credit agency.--A homeownership credit agency may allocate 
     its aggregate homeownership credit dollar amount only to 
     qualified residences located in the jurisdiction of the 
     governmental unit of which such agency is a part.
       ``(B) Agency allocations in excess of limit.--If the 
     aggregate homeownership credit dollar amounts allocated by a 
     homeownership credit agency for any calendar year exceed the 
     portion of the State homeownership credit ceiling allocated 
     to such agency for such calendar year, the homeownership 
     credit dollar amounts so allocated shall be reduced (to the 
     extent of such excess) for residences in the reverse of the 
     order in which the allocations of such amounts were made.
       ``(g) Definitions and Special Rules.--For purposes of this 
     section--
       ``(1) Completed.--The term `completed' means the point in 
     time where a qualified residence is first placed in a 
     condition or state of readiness and availability for 
     occupancy.
       ``(2) Project.--The term `project' means 1 or more 
     residences together with functionally related and subordinate 
     facilities developed and made available to inhabitants of 
     such residences, including recreational facilities and 
     parking areas. To constitute a project, each residence must--
       ``(A) be developed by the same taxpayer pursuant to common 
     planning and feasibility studies,
       ``(B) be financed through a common plan of construction 
     financing, and
       ``(C) have common ownership prior to sale.
     For purposes of this paragraph, it is not necessary that all 
     residences within a project be contiguous or that all 
     residences consist only of either new residences or existing 
     residences and it is not necessary that each residence within 
     a project be a qualified residence.
       ``(3) Qualified buyer.--
       ``(A) In general.--The term `qualified buyer' means a buyer 
     if at the time of the acquisition of the qualified residence, 
     the buyer--
       ``(i) is 1 or more individuals whose income does not exceed 
     80 percent of the area median gross income (70 percent for 
     families of less than 3 members), and
       ``(ii) intends to occupy the residence as the buyer's 
     principal residence (within the meaning of section 121).
       ``(B) Special rules in qualified census tracts.--With 
     respect to residences located in qualified census tracts (as 
     defined in section 42), subparagraph (A) shall be applied by 
     substituting `100 percent' for `80 percent' and `90 percent' 
     for `70 percent'.
       ``(C) Determination of income.--For purposes of this 
     paragraph, a buyer's income shall be determined in accordance 
     with section 143(f)(4).
       ``(4) New qualified residence.--The term `new qualified 
     residence' means a qualified residence the original ownership 
     of which begins with the taxpayer.
       ``(5) Existing qualified residence.--The term `existing 
     qualified residence' means any qualified residence which is 
     not a new qualified residence.
       ``(6) Homeownership credit agency.--The term `homeownership 
     credit agency' means any agency authorized to carry out this 
     section.
       ``(7) Possessions treated as states.--The term `State' 
     includes the District of Columbia and a possession of the 
     United States.
       ``(8) Application to estates and trusts.--In the case of an 
     estate or trust, the amount of the credit determined under 
     subsection (a) shall be apportioned between the estate or 
     trust and the beneficiaries on the basis of the income of the 
     estate or trust allocable to each.
       ``(h) Reduction in Tax Benefits.--
       ``(1) Recapture of credit.--If within the first 3 years 
     after the original purchase of a qualified residence, the 
     residence is sold by the qualified buyer to a buyer who does 
     not qualify as a qualified buyer, the qualified buyer--
       ``(A) shall deduct and withhold an amount equal to the 
     recapture amount from the amount realized on such sale, and
       ``(B) shall transfer such amount to the homeownership 
     credit agency which allocated the homeownership credit dollar 
     amount to such residence.
       ``(2) Recapture amount.--For purposes of paragraph (1), the 
     recapture amount is an amount equal to 50 percent of the gain 
     resulting from such resale, reduced by 1/36th for each month 
     the resale occurs after the original purchase.
       ``(3) Denial of deductions if converted to rental 
     housing.--If a qualified residence is converted to rental 
     housing within the first 3 years after the original purchase, 
     no deduction under this chapter shall be permitted to offset 
     rental income with respect to such residence during such 
     period.
       ``(i) Application of At-Risk Rules.--For purposes of this 
     section, rules of section 465 shall not apply in determining 
     the eligible basis of any qualified residence.
       ``(j) Reports to the Secretary.--
       ``(1) From the taxpayer.--The Secretary may require 
     taxpayers to submit an information return (at such time and 
     in such form and manner as the Secretary prescribes) for each 
     taxable year setting forth--
       ``(A) the eligible basis for the taxable year of each 
     qualified residence with respect to which the taxpayer is 
     claiming a credit under this section,
       ``(B) the amount of all homeownership credit allocations 
     received by the taxpayer from any and all State homeownership 
     credit agencies, and
       ``(C) such other information as the Secretary may require.
     The penalty under section 6652(j) shall apply to any failure 
     to submit the return required by the Secretary under the 
     preceding sentence on the date prescribed therefor.
       ``(2) From homeownership credit agencies.--Each agency 
     which allocates any homeownership credit dollar amount to any 
     residence for any calendar year shall submit to the Secretary 
     (at such time and in such

[[Page S1249]]

     form and manner as the Secretary shall prescribe) an annual 
     report specifying--
       ``(A) the amount of the homeownership credit dollar amount 
     allocated to each residence for such year,
       ``(B) sufficient information to identify each such 
     residence and the taxpayer initially entitled to claim the 
     credit under this section with respect thereto, and
       ``(C) such other information as the Secretary may require.
       ``(k) Responsibilities of Homeownership Credit Agencies.--
       ``(1) Plans for allocation of credit among residences.--
       ``(A) In general.--Notwithstanding any other provision of 
     this section, the homeownership credit dollar amount with 
     respect to any qualified residence shall be zero unless such 
     amount was allocated pursuant to a qualified allocation plan 
     of the homeownership credit agency which is approved by the 
     governmental unit (in accordance with rules similar to the 
     rules of section 147(f)(2) (other than subparagraph (B)(ii) 
     thereof)) of which such agency is a part.
       ``(B) Qualified allocation plan.--For purposes of this 
     paragraph, the term `qualified allocation plan' means any 
     plan which sets forth the homeownership development 
     priorities of the homeownership credit agency.
       ``(C) Certain homeownership development priorities must be 
     used.--The development priorities set forth in a qualified 
     allocation plan must include--
       ``(i) contribution of the development to community 
     stability and revitalization,
       ``(ii) community and local government support for the 
     development,
       ``(iii) need for homeownership development within the area,
       ``(iv) sponsor capability, and
       ``(v) long-term sustainability of the project as owner-
     occupied residences.
       ``(2) Credit allocated to residence not to exceed amount 
     necessary to assure feasibility.--
       ``(A) In general.--The homeownership credit dollar amount 
     allocated to a residence shall not exceed the amount the 
     homeownership credit agency determines is necessary for the 
     feasibility of the residence.
       ``(B) Agency evaluation.--In making the determination under 
     subparagraph (A), the homeownership credit agency shall 
     consider--
       ``(i) the sources and uses of funds and the total financing 
     planned for the residence,
       ``(ii) any proceeds or receipts expected to be generated by 
     reason of tax benefits,
       ``(iii) the anticipated appraised value of the residence, 
     and
       ``(iv) the reasonableness of the developmental costs of the 
     residence.
       ``(C) Determination made when credit dollar amount applied 
     for.--A determination under subparagraph (A) shall be made as 
     of each of the following times:
       ``(i) The application for the homeownership credit dollar 
     amount.
       ``(ii) The allocation of the homeownership credit dollar 
     amount.
       ``(3) Lien for recapture amount.--A homeownership credit 
     dollar amount may be allocated by a homeownership credit 
     agency to a residence only if such agency has a lien on such 
     residence for the payment of any amount potentially required 
     to be paid under subsection (h) to such agency.
       ``(l) Regulations.--The Secretary shall prescribe such 
     regulations as may be necessary or appropriate to carry out 
     the purposes of this section, including regulations--
       ``(1) dealing with--
       ``(A) projects which include more than 1 residence or only 
     a portion of a residence, and
       ``(B) buildings which are completed in portions,
       ``(2) providing for the application of this section to 
     short taxable years,
       ``(3) preventing the avoidance of the rules of this 
     section, and
       ``(4) providing the opportunity for homeownership credit 
     agencies to correct administrative errors and omissions with 
     respect to allocations and record keeping within a reasonable 
     period after their discovery, taking into account the 
     availability of regulations and other administrative guidance 
     from the Secretary.''.
       (b) Current Year Business Credit Calculation.--Section 
     38(b) (relating to current year business credit) is amended 
     by striking ``plus'' at the end of paragraph (14), by 
     striking the period at the end of paragraph (15) and 
     inserting ``, plus'', and by adding at the end the following:
       ``(16) the homeownership credit determined under section 
     42A(a).''.
       (c) Limitation on Carryback.--Subsection (d) of section 39 
     (relating to carryback and carryforward of unused credits) is 
     amended by adding at the end the following:
       ``(11) No carryback of homeownership credit before 
     effective date.--No amount of unused business credit 
     available under section 42A may be carried back to a taxable 
     year beginning on or before the date of the enactment of this 
     paragraph.''.
       (d) Conforming Amendments.--
       (1) Section 55(c)(1) is amended by inserting ``or 
     subsection (h) or (i) of section 42A'' after ``section 42''.
       (2) Subsections (i)(3)(D), (i)(6)(B)(i), and (k)(1) of 
     section 469 are each amended by inserting ``or 42A'' after 
     ``section 42''.
       (3) Section 772(a) is amended by striking ``and'' at the 
     end of paragraph (10), by redesignating paragraph (11) as 
     paragraph (12), and by inserting after paragraph (10) the 
     following:
       ``(11) the homeownership credit determined under section 
     42A, and''.
       (4) Section 774(b)(4) is amended by inserting ``, 42A(h),'' 
     after ``section 42(j)''.
       (e) Clerical Amendment.--The table of sections for subpart 
     D of part IV of subchapter A of chapter 1 is amended by 
     inserting after the item relating to section 42 the 
     following:

``Sec. 42A. Homeownership credit.''.

       (f) Effective Date.--The amendments made by this section 
     shall apply to qualified residences sold after December 31, 
     2002.
      By Mr. LEVIN (for himself and Ms. Stabenow):
  S. 199. A bill to amend the Solid Waste Disposal Act to authorize the 
Administrator of the Environmental Protection Agency to carry out 
certain authorities relating to the importation of municipal solid 
waste under the Agreement Concerning the Transboundary Movement of 
Hazardous Waste between the United States and Canada; to the Committee 
on Environment and Public Works.
  Mr. LEVIN. Mr. President, I ask unanimous consent that the Canadian 
Waste bill be printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                 S. 199

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

     SECTION 1. CANADIAN TRANSBOUNDARY MOVEMENT OF MUNICIPAL SOLID 
                   WASTE.

       (a) In General.--Subtitle D of the Solid Waste Disposal Act 
     (42 U.S.C. 6941 et seq.) is amended by adding at the end the 
     following:

     ``SEC. 4011. CANADIAN TRANSBOUNDARY MOVEMENT OF MUNICIPAL 
                   SOLID WASTE.

       ``(a) Definitions.--In this section:
       ``(1) Agreement.--The term `Agreement' means--
       ``(A) the Agreement Concerning the Transboundary Movement 
     of Hazardous Waste between the United States and Canada, 
     signed at Ottawa on October 28, 1986 (TIAS 11099); and
       ``(B) any regulations promulgated to implement and enforce 
     that Agreement.
       ``(2) Municipal solid waste.--The term `municipal solid 
     waste' has the meaning given the term in the Agreement.
       ``(b) Prohibition.--It shall be unlawful for any person to 
     import, transport, or export municipal solid waste, for final 
     disposal or incineration, in violation of the Agreement.
       ``(c) Authority of Administrator.--
       ``(1) In general.--Beginning immediately after the date of 
     enactment of this section, the Administrator shall--
       ``(A) perform the functions of the Designated Authority of 
     the United States described in the Agreement with respect to 
     the importation and exportation of municipal solid waste 
     under the Agreement; and
       ``(B) implement and enforce the Agreement (including notice 
     and consent provisions of the Agreement).
       ``(2) Consent to importation.--In considering whether to 
     consent to the importation of municipal solid waste under 
     article 3(c) of the Agreement, the Administrator shall--
       ``(A) give substantial weight to the views of each State 
     into which the municipal solid waste is to be imported; and
       ``(B) consider the impact of the importation on--
       ``(i) continued public support for, and adherence to, State 
     and local recycling programs;
       ``(ii) landfill capacity, as provided in comprehensive 
     waste management plans;
       ``(iii) air emissions resulting from increased vehicular 
     traffic;
       ``(iv) road deterioration resulting from increased 
     vehicular traffic; and
       ``(v) public health and the environment.
       ``(d) Compliance Orders.--
       ``(1) In general.--If, on the basis of any information, the 
     Administrator determines that a person has violated or is in 
     violation of this section, the Administrator may--
       ``(A) issue an order that--
       ``(i) assesses a civil penalty against the person for any 
     past or current violation of the person; or
       ``(ii) requires compliance by the person with this section 
     immediately or by a specified date; or
       ``(B) bring a civil action against the person for 
     appropriate relief (including a temporary or permanent 
     injunction) in the United States district court for the 
     district in which the violation occurred.
       ``(2) Specificity.--
       ``(A) In general.--Any order issued under paragraph (1) for 
     a violation of this subsection shall state with reasonable 
     specificity the nature of the violation.
       ``(B) Penalties.--
       ``(i) Maximum penalty.--Any penalty assessed by an order 
     issued under paragraph (1) shall not exceed $25,000 per day 
     of noncompliance for each violation.
       ``(ii) Considerations.--In assessing a penalty under this 
     section, the Administrator shall take into account--

       ``(I) the seriousness of the violation for which the 
     penalty is assessed; and

[[Page S1250]]

       ``(II) any good faith efforts of the person against which 
     the penalty is assessed to comply with applicable 
     requirements.

       ``(e) Public Hearing.--
       ``(1) In general.--Any order issued under this section 
     shall become final unless, not later than 30 days after the 
     date of issuance of the order, the person or persons against 
     which the order is issued submit to the Administrator a 
     request for a public hearing.
       ``(2) Hearing.--On receipt of a request under paragraph 
     (1), the Administrator shall promptly conduct a public 
     hearing.
       ``(3) Subpoenas.--In connection with any hearing under this 
     subsection, the Administrator may--
       ``(A) issue subpoenas for--
       ``(i) the attendance and testimony of witnesses; and
       ``(ii) the production of relevant papers, books, and 
     documents; and
       ``(B) promulgate regulations that provide for procedures 
     for discovery.
       ``(f) Violation of Compliance Orders.--If a person against 
     which an order is issued fails to take corrective action as 
     specified in the order, the Administrator may assess a civil 
     penalty of not more than $25,000 for each day of continued 
     noncompliance with the order.''.
       (b) Table of Contents.--The table of contents of the Solid 
     Waste Disposal Act (42 U.S.C. prec. 6901) is amended by 
     adding at the end of the items relating to subtitle D the 
     following:

``Sec. 4011. Canadian transboundary movement of municipal solid 
              waste.''.

  Ms. STABENOW. Mr. President, I am pleased to join with Senator Levin 
in reintroducing this bill to address the growing problem of Canadian 
waste shipments to Michigan.
  In 2001, Michigan imported almost 3.6 million tons of municipal solid 
waste, more than double the amount that was imported in 1999. This 
gives Michigan the unwelcome distinction of being the third largest 
importer of waste in the United States.
  My colleagues may be surprised to know that the biggest source of 
this waste was not another state, but our neighbor to the north, 
Canada. More than half the waste that was shipped to Michigan in 2001 
was from Ontario, Canada, and these imports are growing rapidly. On 
January 1, 2003, as another Ontario landfill closed its doors, the city 
of Toronto switched from shipping two-thirds of its trash, to shipping 
all of its trash, 1.1 million tons, to Michigan landfills. Experts 
predict that soon there will be virtually no local disposal capacity in 
Ontario, which could mean even more waste being shipped across the 
border to Michigan.
  Not only does this waste dramatically decrease Michigan's own 
landfill capacity, but it has a tremendous negative impact on 
Michigan's environment and the public health of its citizens. The 
Canadian waste also hampers the effectiveness of Michigan's State and 
local recycling efforts, since Ontario does not have a bottle law 
requiring recycling.
  Currently, 110-130 truckloads of waste come into Michigan each day 
from Canada. These trucks cross the Ambassador Bridge and Blue Water 
Bridge and travel through the busiest parts of Metro Detroit, causing 
traffic delays, and filling our air with the stench of exhaust and 
garbage. These trucks also present a security risk at our Michigan-
Canadian border, since by their nature trucks full of garbage are 
harder for Customs agents to inspect than traditional cargo.
  Michigan already has protections contained in an international 
agreement between the United States and Canada, but they are being 
ignored. Under the Agreement Concerning the Transboundary Movement of 
Hazardous Waste, which was entered into in 1986, shipments of waste 
across the Canadian-U.S. border require government-to-government 
notification. The Environmental Protection Agency, EPA, as the 
designated authority for the United States would receive the 
notification and then would have 30 days to consent or object to the 
shipment. Not only have these notification provisions not been 
enforced, but the EPA has indicated that they would not object to the 
municipal waste shipments.
  This legislation will give Michigan residents the protection they are 
entitled to under this bilateral treaty. The bill would give EPA the 
authority to implement and enforce this treaty, and would create civil 
penalties for those who ship waste in violation of the treaty. In 
addition, it would create criteria for the EPA's determination of 
whether or not to consent to a shipment, such as the State's views on 
the shipment, and the shipment's impact on landfill capacity, air 
emissions, public health and the environment. These waste shipments 
should no longer be accepted without an examination of how it will 
affect the health and welfare of Michigan families.
  Again, I thank my colleague, Senator Levin, for introducing this bill 
and I look forward to working with him to move it through the Senate.

                          ____________________