[Congressional Record Volume 165, Number 81 (Wednesday, May 15, 2019)]
[Senate]
[Pages S2887-S2888]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
By Mr. THUNE (for himself, Mr. Casey, Mr. Wyden, and Mr.
Roberts):
S. 1475. A bill to amend the Internal Revenue Code to extend and
modify certain charitable tax provisions; to the Committee on Finance.
Mr. THUNE. Mr. President, I ask unanimous consent that the text of
the bill be printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
S. 1475
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Charities Helping Americans
Regularly Throughout the Year Act of 2019''.
SEC. 2. DETERMINATION OF STANDARD MILEAGE RATE FOR CHARITABLE
CONTRIBUTIONS DEDUCTION.
(a) Determination of Standard Mileage Rate for Charitable
Contributions Deduction.--Subsection (i) of section 170 of
the Internal Revenue Code of 1986 is amended to read as
follows:
``(i) Standard Mileage Rate for Use of Passenger
Automobile.--For purposes of computing the deduction under
this section for use of a passenger automobile, the standard
mileage rate shall be the rate determined by the Secretary,
which rate shall not be less than the standard mileage rate
used for purposes of section 213.''.
(b) Effective Date.--The amendment made by this section
shall apply to miles traveled after the date of the enactment
of this Act.
SEC. 3. MANDATORY E-FILING BY EXEMPT ORGANIZATIONS.
(a) In General.--Section 6033 of the Internal Revenue Code
of 1986 is amended by redesignating subsection (n) as
subsection (o) and by inserting after subsection (m) the
following new subsection:
``(n) Mandatory Electronic Filing.--Any organization
required to file a return under this section shall file such
return in electronic form.''.
(b) Conforming Amendment.--Paragraph (7) of section 527(j)
of such Code is amended by striking ``if the organization
has'' and all that follows through ``such calendar year''.
(c) Inspection of Electronically Filed Annual Returns.--
Subsection (b) of section 6104 of such Code is amended by
adding at the end the following: ``Any annual return required
to be filed electronically under section 6033(n) shall be
made available by the Secretary to the public as soon as
practicable in a machine readable format.''.
(d) Effective Date.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by this section shall apply to taxable years
beginning after the date of the enactment of this Act.
(2) Transitional relief.--
(A) Small organizations.--
(i) In general.--In the case of any small organizations, or
any other organizations for which the Secretary of the
Treasury or the Secretary's delegate (hereafter referred to
in this paragraph as the ``Secretary'') determines the
application of the amendments made by this section would
cause undue burden without a delay, the Secretary may delay
the application of such amendments, but such delay shall not
apply to any taxable year beginning on or after the date 2
years after of the enactment of this Act.
(ii) Small organization.--For purposes of clause (i), the
term ``small organization'' means any organization--
(I) the gross receipts of which for the taxable year are
less than $200,000; and
(II) the aggregate gross assets of which at the end of the
taxable year are less than $500,000.
(B) Organizations filing form 990-t.--In the case of any
organization described in section 511(a)(2) of the Internal
Revenue Code of 1986 which is subject to the tax imposed by
section 511(a)(1) of such Code on its unrelated business
taxable income, or any organization required to file a return
under section 6033 of such Code and include information under
subsection (e) thereof, the Secretary may delay the
application of the amendments made by this section, but such
delay shall not apply to any taxable year beginning on or
after the date 2 years after of the enactment of this Act.
SEC. 4. MODIFICATION OF RULES RELATING TO DONOR ADVISED
FUNDS.
(a) Allowance of Tax-Free Charitable Distributions From
Individual Retirement Accounts.--
(1) In general.--Clause (i) of section 408(d)(8)(B) of the
Internal Revenue Code of 1986 is amended by striking ``or any
fund or account described in section 4966(d)(2)''.
(2) Effective date.--The amendment made by this subsection
shall apply to distributions made in taxable years beginning
after December 31, 2018.
(b) Return Disclosures.--
(1) Distributions.--Subsection (k) of section 6033 of the
Internal Revenue Code of 1986 is amended--
(A) in paragraph (2), by striking ``and'' at the end;
(B) in paragraph (3), by striking the period at the end and
inserting a comma; and
(C) by adding at the end the following new paragraphs:
``(4) list the total number of such funds which were in
existence for the 36-month period ending at the close of such
taxable year,
``(5) list the total number of funds described in paragraph
(4) which made at least 1 grant during the period described
in such paragraph, and
``(6) set forth--
``(A) whether such organization has a publicly available
policy with respect to funds which are inactive, dormant, or
do not make distributions during the period described in
paragraph (4),
``(B) a description of the organization's policy for
responding to funds described in subparagraph (A) or a
statement that no such policy is in effect, and
``(C) whether such organization regularly and consistently
monitors and enforces compliance with the policy described in
subparagraph (A) with respect to such funds.''.
(2) Effective date.--The amendment made by this subsection
shall apply to returns for taxable years beginning after
December 31, 2019.
SEC. 5. MODIFICATION OF THE TAX RATE FOR THE EXCISE TAX ON
INVESTMENT INCOME OF PRIVATE FOUNDATIONS.
(a) In General.--Section 4940(a) of the Internal Revenue
Code of 1986 is amended by striking ``2 percent'' and
inserting ``1 percent''.
(b) Elimination of Reduced Tax Where Foundation Meets
Certain Distribution Requirements.--Section 4940 of such Code
is amended by striking subsection (e).
[[Page S2888]]
(c) Effective Date.--The amendments made by this section
shall apply to taxable years beginning after the date of the
enactment of this Act.
______