[House Report 105-817]
[From the U.S. Government Publishing Office]



105th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES

 2d Session                                                     105-817
_______________________________________________________________________


 
         EXTENSION OF EXPIRING PROVISIONS AND OTHER TAX RELIEF

                                _______
                                

October 12, 1998.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

    Mr. Archer, from the Committee on Ways and Means, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 4738]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Ways and Means, to whom was referred the 
bill (H.R. 4738) to amend the Internal Revenue Code of 1986 to 
extend certain expiring provisions, provide tax relief for 
farmers and small businesses, and for other purposes, having 
considered the same, report favorably thereon with an amendment 
and recommend that the bill as amended do pass.


                                CONTENTS
                                                                   Page
 I. Summary and Background...........................................19
        A. Purpose and Summary...................................    19
        B. Background and Need for Legislation...................    21
        C. Legislative History...................................    21
II. Explanation of the Bill..........................................22
    Title I. Extension and Modification of Certain Expiring Provision22
        Subtitle A--Tax Provisions...............................    22
            A. Extension of Research Tax Credit (sec. 101).......    22
            B. Extension of Work Opportunity Tax Credit (sec. 
                102).............................................    25
            C. Permanent Extension of Income Averaging for 
                Farmers (sec. 103)...............................    26
            D. Extend the Deduction Provided for Contributions of 
                Appreciated Stock to Private Foundations; Public 
                Inspection of Private Foundation Annual Returns..    27
                1. Extend the deduction for contributions of 
                    appreciated stock to private foundations 
                    (sec. 104(a))................................    27
                2. Public inspection of private foundation annual 
                    returns (sec. 104(b))........................    28
            E. Exceptions under Subpart F for Certain Active 
                Financing Income (sec. 105)......................    30
            F. Disclosure of Return Information to Department of 
                Education in Connection With Income Contingent 
                Student Loans (sec. 106).........................    51
        Subtitle B--Generalized System of Preferences............    52
            A. Extension of the Generalized System of Preferences 
                (sec. 111).......................................    52
    Title II. Other Provisions.......................................52
        A. Comprehensive Study of Recovery Periods and 
            Depreciation Methods Under Section 168 (sec. 201)....    52
        B. Farm Production Flexibility Contract Payments (sec. 
            202).................................................    54
        C. Increase Deduction for Health Insurance Expenses of 
            Self-Employed Individuals (sec. 203).................    55
        D. Increase State Volume Limits on Private Activity Tax-
            Exempt Bonds (sec. 204)..............................    56
        E. Modification of Individual Estimated Tax Safe Harbors 
            (sec. 205)...........................................    57
        F. State Election to Exempt Student Employees From Social 
            Security (sec. 206)..................................    57
    Title III. Revenue Offset Provisions.............................58
        A. Treatment of Certain Deductible Liquidating 
            Distributions of Regulated Investment Companies and 
            Real Estate Investment Trusts (sec. 301).............    58
        B. Add Vaccines Against Rotavirus Gastroenteritis to the 
            List of Taxable Vaccines (sec. 302)..................    60
        C. Clarify and Expand Mathematical Error Procedures (sec. 
            303).................................................    61
        D. Restrict 10-Year Net Operating Loss Carryback Rules 
            for Specified Liability Losses (sec. 304)............    62
    Title IV. Tax Technical Corrections..............................63
        A. Technical Corrections to the 1998 Act.................    63
            1. Burden of proof (sec. 402(b)).....................    63
            2. Relief for innocent spouses (sec. 402(c)).........    63
            3. Interest netting (sec. 402(d))....................    64
            4. Effective date for elimination of 18-month holding 
                period for capital gains (sec. 402 (i))..........    65
        B. Technical Corrections to the 1997 Act.................    66
             1. Treatment of interest on qualified education 
                loans (sec. 403(a))..............................    66
             2. Capital gain distributions of charitable 
                remainder trusts (sec. 403(b))...................    66
             3. Gifts may not be revalued for estate tax purposes 
                after expiration of statute of limitations (sec. 
                403(c))..........................................    67
             4. Coordinate Vaccine Injury Compensation Trust Fund 
                expenditure purposes with list of taxable 
                vaccines (sec. 403(d))...........................    69
             5. Abatement of interest by reason of Presidentially 
                declared disaster (sec. 403(e))..................    69
             6. Treatment of certain corporate distributions 
                (sec. 403(f))....................................    70
             7. Treatment of affiliated group including formerly 
                tax-exempt organization (sec. 403(g))............    71
             8. Treatment of net operating losses arising from 
                certain eligible losses (sec. 403(h))............    72
             9. Determination of unborrowed cash value under COLI 
                pro rata interest disallowance rules (sec. 
                403(i))..........................................    72
            10. Payment of taxes by commercially acceptable means 
                (sec. 403(k))....................................    73
        C. Technical Corrections to the 1984 Act.................    73
             1. Casualty loss deduction (sec. 404)...............    73
        D. Disclosure of Tax Return Information to Department of 
            Agriculture (sec. 405(a))............................    74
        E. Technical Corrections to the Transportation Equity Act 
            for the 21st Century (sec. 405(b))...................    74
III.Vote of the Committee............................................75

IV. Budget Effects of the Bill.......................................75
        A. Committee Estimates of Budgetary Effects..............    75
        B. Budget Authority and Tax Expenditures.................    78
        C. Cost Estimate Prepared by the Congressional Budget 
            Office...............................................    78
 V. Other Matters To Be Discussed Under the Rules of the House.......82
        A. Committee Oversight Findings and Recommendations......    82
        B. Summary of Findings and Recommendations of the 
            Committee on Government Reform and Oversight.........    82
        C. Constitutional Authority Statement....................    82
        D. Information Relating to Unfunded Mandates.............    82
        E. Applicability of House Rule XXI5(c)...................    83
VI. Changes in Existing Law Made by the Bill, as Reported............83


  The amendment is as follows:
  Strike out all after the enacting clause and insert in lieu 
thereof the following:

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

  (a) 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.
  (b) Table of Contents.--

Sec. 1. Amendment of 1986 Code; table of contents.

   TITLE I--EXTENSION AND MODIFICATION OF CERTAIN EXPIRING PROVISIONS

                       Subtitle A--Tax Provisions

Sec. 101. Research credit.
Sec. 102. Work opportunity credit.
Sec. 103. Income averaging for farmers made permanent.
Sec. 104. Contributions of stock to private foundations; expanded 
public inspection of private foundations' annual returns.
Sec. 105. Subpart F exemption for active financing income.
Sec. 106. Disclosure of return information on income contingent student 
loans.

             Subtitle B--Generalized System of Preferences

Sec. 111. Extension of Generalized System of Preferences.

                       TITLE II--OTHER PROVISIONS

Sec. 201. Depreciation study.
Sec. 202. Production flexibility contract payments.
Sec. 203. 100 percent deduction for health insurance costs of self-
employed individuals.
Sec. 204. Increase in volume cap on private activity bonds.
Sec. 205. Modification of estimated tax safe harbors.
Sec. 206. Exemption for students employed by State schools, colleges, 
or universities.

                       TITLE III--REVENUE OFFSETS

Sec. 301. Treatment of certain deductible liquidating distributions of 
regulated investment companies and real estate investment trusts.
Sec. 302. Inclusion of rotavirus gastroenteritis as a taxable vaccine.
Sec. 303. Clarification and expansion of mathematical error assessment 
procedures.
Sec. 304. Clarification of definition of specified liability loss.

                    TITLE IV--TECHNICAL CORRECTIONS

Sec. 401. Definitions; coordination with other titles.
Sec. 402. Amendments related to Internal Revenue Service Restructuring 
and Reform Act of 1998.
Sec. 403. Amendments related to Taxpayer Relief Act of 1997.
Sec. 404. Amendments related to Tax Reform Act of 1984.
Sec. 405. Other amendments.

   TITLE I--EXTENSION AND MODIFICATION OF CERTAIN EXPIRING PROVISIONS

                       Subtitle A--Tax Provisions

SEC. 101. RESEARCH CREDIT.

  (a) Temporary Extension.--Paragraph (1) of section 41(h) (relating to 
termination) is amended--
          (1) by striking ``June 30, 1998'' and inserting ``December 
        31, 1999'';
          (2) by striking ``24-month'' and inserting ``42-month''; and
          (3) by striking ``24 months'' and inserting ``42 months''.
  (b) Technical Amendment.--Subparagraph (D) of section 45C(b)(1) is 
amended by striking ``June 30, 1998'' and inserting ``December 31, 
1999''.
  (c) Effective Date.--The amendments made by this section shall apply 
to amounts paid or incurred after June 30, 1998.

SEC. 102. WORK OPPORTUNITY CREDIT.

  (a) Temporary Extension.--Subparagraph (B) of section 51(c)(4) 
(relating to termination) is amended by striking ``June 30, 1998'' and 
inserting ``December 31, 1999''.
  (b) Effective Date.--The amendment made by this section shall apply 
to individuals who begin work for the employer after June 30, 1998.

SEC. 103. INCOME AVERAGING FOR FARMERS MADE PERMANENT.

  Subsection (c) of section 933 of the Taxpayer Relief Act of 1997 is 
amended by striking ``, and before January 1, 2001''.

SEC. 104. CONTRIBUTIONS OF STOCK TO PRIVATE FOUNDATIONS; EXPANDED 
                    PUBLIC INSPECTION OF PRIVATE FOUNDATIONS' ANNUAL 
                    RETURNS.

  (a) Special Rule for Contributions of Stock Made Permanent.--
          (1) In general.--Paragraph (5) of section 170(e) is amended 
        by striking subparagraph (D) (relating to termination).
          (2) Effective date.--The amendment made by paragraph (1) 
        shall apply to contributions made after June 30, 1998.
  (b) Expanded Public Inspection of Private Foundations' Annual 
Returns, Etc.--
          (1) In general.--Section 6104 (relating to publicity of 
        information required from certain exempt organizations and 
        certain trusts) is amended by striking subsections (d) and (e) 
        and inserting after subsection (c) the following new 
        subsection:
  ``(d) Public Inspection of Certain Annual Returns and Applications 
for Exemption.--
          ``(1) In general.--In the case of an organization described 
        in subsection (c) or (d) of section 501 and exempt from 
        taxation under section 501(a)--
                  ``(A) a copy of--
                          ``(i) the annual return filed under section 
                        6033 (relating to returns by exempt 
                        organizations) by such organization; and
                          ``(ii) if the organization filed an 
                        application for recognition of exemption under 
                        section 501, the exempt status application 
                        materials of such organization,
                shall be made available by such organization for 
                inspection during regular business hours by any 
                individual at the principal office of such organization 
                and, if such organization regularly maintains 1 or more 
                regional or district offices having 3 or more 
                employees, at each such regional or district office; 
                and
                  ``(B) upon request of an individual made at such 
                principal office or such a regional or district office, 
                a copy of such annual return and exempt status 
                application materials shall be provided to such 
                individual without charge other than a reasonable fee 
                for any reproduction and mailing costs.
        The request described in subparagraph (B) must be made in 
        person or in writing. If such request is made in person, such 
        copy shall be provided immediately and, if made in writing, 
        shall be provided within 30 days.
          ``(2) 3-year limitation on inspection of returns.--Paragraph 
        (1) shall apply to an annual return filed under section 6033 
        only during the 3-year period beginning on the last day 
        prescribed for filing such return (determined with regard to 
        any extension of time for filing).
          ``(3) Exceptions from disclosure requirement.--
                  ``(A) Nondisclosure of contributors, etc.--Paragraph 
                (1) shall not require the disclosure of the name or 
                address of any contributor to the organization. In the 
                case of an organization described in section 501(d), 
                paragraph (1) shall not require the disclosure of the 
                copies referred to in section 6031(b) with respect to 
                such organization.
                  ``(B) Nondisclosure of certain other information.--
                Paragraph (1) shall not require the disclosure of any 
                information if the Secretary withheld such information 
                from public inspection under subsection (a)(1)(D).
          ``(4) Limitation on providing copies.--Paragraph (1)(B) shall 
        not apply to any request if, in accordance with regulations 
        promulgated by the Secretary, the organization has made the 
        requested documents widely available, or the Secretary 
        determines, upon application by an organization, that such 
        request is part of a harassment campaign and that compliance 
        with such request is not in the public interest.
          ``(5) Exempt status application materials.--For purposes of 
        paragraph (1), the term `exempt status applicable materials' 
        means the application for recognition of exemption under 
        section 501 and any papers submitted in support of such 
        application and any letter or other document issued by the 
        Internal Revenue Service with respect to such application.''.
          (2) Conforming amendments.--
                  (A) Subsection (c) of section 6033 is amended by 
                adding ``and'' at the end of paragraph (1), by striking 
                paragraph (2), and by redesignating paragraph (3) as 
                paragraph (2).
                  (B) Subparagraph (C) of section 6652(c)(1) is amended 
                by striking ``subsection (d) or (e)(1) of section 6104 
                (relating to public inspection of annual returns)'' and 
                inserting ``section 6104(d) with respect to any annual 
                return''.
                  (C) Subparagraph (D) of section 6652(c)(1) is amended 
                by striking ``section 6104(e)(2) (relating to public 
                inspection of applications for exemption)'' and 
                inserting ``section 6104(d) with respect to any exempt 
                status application materials (as defined in such 
                section)''.
                  (D) Section 6685 is amended by striking ``or (e)''.
                  (E) Section 7207 is amended by striking ``or (e)''.
          (3) Effective date.--
                  (A) In general.--Except as provided in subparagraph 
                (B), the amendments made by this subsection shall apply 
                to requests made after the later of December 31, 1998, 
                or the 60th day after the Secretary of the Treasury 
                first issues the regulations referred to in such 
                section 6104(d)(4) of the Internal Revenue Code of 
                1986, as amended by this section.
                  (B) Publication of annual returns.--Section 6104(d) 
                of such Code, as in effect before the amendments made 
                by this subsection, shall not apply to any return the 
                due date for which is after the date such amendments 
                take effect under subparagraph (A).

SEC. 105. SUBPART F EXEMPTION FOR ACTIVE FINANCING INCOME.

  (a) Income Derived From Banking, Financing, or Similar Businesses.--
Section 954(h) (relating to income derived in the active conduct of 
banking, financing, or similar businesses) is amended to read as 
follows:
  ``(h) Special Rule for Income Derived in the Active Conduct of 
Banking, Financing, or Similar Businesses.--
          ``(1) In general.--For purposes of subsection (c)(1), foreign 
        personal holding company income shall not include qualified 
        banking or financing income of an eligible controlled foreign 
        corporation.
          ``(2) Eligible controlled foreign corporation.--For purposes 
        of this subsection--
                  ``(A) In general.--The term `eligible controlled 
                foreign corporation' means a controlled foreign 
                corporation which--
                          ``(i) is predominantly engaged in the active 
                        conduct of a banking, financing, or similar 
                        business, and
                          ``(ii) conducts substantial activity with 
                        respect to such business.
                  ``(B) Predominantly engaged.--A controlled foreign 
                corporation shall be treated as predominantly engaged 
                in the active conduct of a banking, financing, or 
                similar business if--
                          ``(i) more than 70 percent of the gross 
                        income of the controlled foreign corporation is 
                        derived directly from the active and regular 
                        conduct of a lending or finance business from 
                        transactions with customers which are not 
                        related persons,
                          ``(ii) it is engaged in the active conduct of 
                        a banking business and is an institution 
                        licensed to do business as a bank in the United 
                        States (or is any other corporation not so 
                        licensed which is specified by the Secretary in 
                        regulations), or
                          ``(iii) it is engaged in the active conduct 
                        of a securities business and is registered as a 
                        securities broker or dealer under section 15(a) 
                        of the Securities Exchange Act of 1934 or is 
                        registered as a Government securities broker or 
                        dealer under section 15C(a) of such Act (or is 
                        any other corporation not so registered which 
                        is specified by the Secretary in regulations).
          ``(3) Qualified banking or financing income.--For purposes of 
        this subsection--
                  ``(A) In general.--The term `qualified banking or 
                financing income' means income of an eligible 
                controlled foreign corporation which--
                          ``(i) is derived in the active conduct of a 
                        banking, financing, or similar business by--
                                  ``(I) such eligible controlled 
                                foreign corporation, or
                                  ``(II) a qualified business unit of 
                                such eligible controlled foreign 
                                corporation;
                          ``(ii) is derived from one or more 
                        transactions--
                                  ``(I) with customers located in a 
                                country other than the United States, 
                                and
                                  ``(II) substantially all of the 
                                activities in connection with which are 
                                conducted directly by the corporation 
                                or unit in its home country; and
                          ``(iii) is treated as earned by such 
                        corporation or unit in its home country for 
                        purposes of such country's tax laws.
                  ``(B) Limitation on nonbanking and nonsecurities 
                businesses.--No income of an eligible controlled 
                foreign corporation not described in clause (ii) or 
                (iii) of paragraph (2)(B) (or of a qualified business 
                unit of such corporation) shall be treated as qualified 
                banking or financing income unless more than 30 percent 
                of such corporation's or unit's gross income is derived 
                directly from the active and regular conduct of a 
                lending or finance business from transactions with 
                customers which are not related persons and which are 
                located within such corporation's or unit's home 
                country.
                  ``(C) Substantial activity requirement for cross 
                border income.--The term `qualified banking or 
                financing income' shall not include income derived from 
                1 or more transactions with customers located in a 
                country other than the home country of the eligible 
                controlled foreign corporation or a qualified business 
                unit of such corporation unless such corporation or 
                unit conducts substantial activity with respect to a 
                banking, financing, or similar business in its home 
                country.
                  ``(D) Determinations made separately.--For purposes 
                of this paragraph, the qualified banking or financing 
                income of an eligible controlled foreign corporation 
                and each qualified business unit of such corporation 
                shall be determined separately for such corporation and 
                each such unit by taking into account--
                          ``(i) in the case of the eligible controlled 
                        foreign corporation, only items of income, 
                        deduction, gain, or loss and activities of such 
                        corporation not properly allocable or 
                        attributable to any qualified business unit of 
                        such corporation; and
                          ``(ii) in the case of a qualified business 
                        unit, only items of income, deduction, gain, or 
                        loss and activities properly allocable or 
                        attributable to such unit.
          ``(4) Lending or finance business.--For purposes of this 
        subsection, the term `lending or finance business' means the 
        business of--
                  ``(A) making loans;
                  ``(B) purchasing or discounting accounts receivable, 
                notes, or installment obligations;
                  ``(C) engaging in leasing (including entering into 
                leases and purchasing, servicing, and disposing of 
                leases and leased assets);
                  ``(D) issuing letters of credit or providing 
                guarantees;
                  ``(E) providing charge and credit card services; or
                  ``(F) rendering services or making facilities 
                available in connection with activities described in 
                subparagraphs (A) through (E) carried on by--
                          ``(i) the corporation (or qualified business 
                        unit) rendering services or making facilities 
                        available; or
                          ``(ii) another corporation (or qualified 
                        business unit of a corporation) which is a 
                        member of the same affiliated group (as defined 
                        in section 1504, but determined without regard 
                        to section 1504(b)(3)).
          ``(5) Other definitions.--For purposes of this subsection--
                  ``(A) Customer.--The term `customer' means, with 
                respect to any controlled foreign corporation or 
                qualified business unit, any person which has a 
                customer relationship with such corporation or unit and 
                which is acting in its capacity as such.
                  ``(B) Home country.--Except as provided in 
                regulations--
                          ``(i) Controlled foreign corporation.--The 
                        term `home country' means, with respect to any 
                        controlled foreign corporation, the country 
                        under the laws of which the corporation was 
                        created or organized.
                          ``(ii) Qualified business unit.--The term 
                        `home country' means, with respect to any 
                        qualified business unit, the country in which 
                        such unit maintains its principal office.
                  ``(C) Located.--The determination of where a customer 
                is located shall be made under rules prescribed by the 
                Secretary.
                  ``(D) Qualified business unit.--The term `qualified 
                business unit' has the meaning given such term by 
                section 989(a).
                  ``(E) Related person.--The term `related person' has 
                the meaning given such term by subsection (d)(3).
          ``(6) Coordination with exception for dealers.--Paragraph (1) 
        shall not apply to income described in subsection (c)(2)(C)(ii) 
        of a dealer in securities (within the meaning of section 475) 
        which is an eligible controlled foreign corporation described 
        in paragraph (2)(B)(iii).
          ``(7) Anti-abuse rules.--For purposes of applying this 
        subsection and subsection (c)(2)(C)(ii)--
                  ``(A) there shall be disregarded any item of income, 
                gain, loss, or deduction with respect to any 
                transaction or series of transactions one of the 
                principal purposes of which is qualifying income or 
                gain for the exclusion under this section, including 
                any transaction or series of transactions a principal 
                purpose of which is the acceleration or deferral of any 
                item in order to claim the benefits of such exclusion 
                through the application of this subsection;
                  ``(B) there shall be disregarded any item of income, 
                gain, loss, or deduction of an entity which is not 
                engaged in regular and continuous transactions with 
                customers which are not related persons;
                  ``(C) there shall be disregarded any item of income, 
                gain, loss, or deduction with respect to any 
                transaction or series of transactions utilizing, or 
                doing business with--
                          ``(i) one or more entities in order to 
                        satisfy any home country requirement under this 
                        subsection, or
                          ``(ii) a special purpose entity or 
                        arrangement, including a securitization, 
                        financing, or similar entity or arrangement,
                if one of the principal purposes of such transaction or 
                series of transactions is qualifying income or gain for 
                the exclusion under this subsection; and
                  ``(D) a related person, an officer, a director, or an 
                employee with respect to any controlled foreign 
                corporation (or qualified business unit) which would 
                otherwise be treated as a customer of such corporation 
                or unit with respect to any transaction shall not be so 
                treated if a principal purpose of such transaction is 
                to satisfy any requirement of this subsection.
          ``(8) Regulations.--The Secretary shall prescribe such 
        regulations as may be necessary or appropriate to carry out the 
        purposes of this subsection, subsection (c)(1)(B)(i), 
        subsection (c)(2)(C)(ii), and the last sentence of subsection 
        (e)(2).
          ``(9) Application.--This subsection, subsection 
        (c)(2)(C)(ii), and the last sentence of subsection (e)(2) shall 
        apply only to the first taxable year of a foreign corporation 
        beginning after December 31, 1998, and before January 1, 2000, 
        and to taxable years of United States shareholders with or 
        within which such taxable year of such foreign corporation 
        ends.''.
  (b) Income Derived From Insurance Business.--
          (1) Income attributable to issuance or reinsurance.--
                  (A) In general.--Section 953(a) (defining insurance 
                income) is amended to read as follows:
  ``(a) Insurance Income.--
          ``(1) In general.--For purposes of section 952(a)(1), the 
        term `insurance income' means any income which--
                  ``(A) is attributable to the issuing (or reinsuring) 
                of an insurance or annuity contract; and
                  ``(B) would (subject to the modifications provided by 
                subsection (b)) be taxed under subchapter L of this 
                chapter if such income were the income of a domestic 
                insurance company.
          ``(2) Exception.--Such term shall not include any exempt 
        insurance income (as defined in subsection (e)).''.
                  (B) Exempt insurance income.--Section 953 (relating 
                to insurance income) is amended by adding at the end 
                the following new subsection:
  ``(e) Exempt Insurance Income.--For purposes of this section--
          ``(1) Exempt insurance income defined.--
                  ``(A) In general.--The term `exempt insurance income' 
                means income derived by a qualifying insurance company 
                which--
                          ``(i) is attributable to the issuing (or 
                        reinsuring) of an exempt contract by such 
                        company or a qualifying insurance company 
                        branch of such company; and
                          ``(ii) is treated as earned by such company 
                        or branch in its home country for purposes of 
                        such country's tax laws.
                  ``(B) Exception for certain arrangements.--Such term 
                shall not include income attributable to the issuing 
                (or reinsuring) of an exempt contract as the result of 
                any arrangement whereby another corporation receives a 
                substantially equal amount of premiums or other 
                consideration in respect of issuing (or reinsuring) a 
                contract which is not an exempt contract.
                  ``(C) Determinations made separately.--For purposes 
                of this subsection and section 954(i), the exempt 
                insurance income and exempt contracts of a qualifying 
                insurance company or any qualifying insurance company 
                branch of such company shall be determined separately 
                for such company and each such branch by taking into 
                account--
                          ``(i) in the case of the qualifying insurance 
                        company, only items of income, deduction, gain, 
                        or loss, and activities of such company not 
                        properly allocable or attributable to any 
                        qualifying insurance company branch of such 
                        company; and
                          ``(ii) in the case of a qualifying insurance 
                        company branch, only items of income, 
                        deduction, gain, or loss and activities 
                        properly allocable or attributable to such 
                        branch.
          ``(2) Exempt contract.--
                  ``(A) In general.--The term `exempt contract' means 
                an insurance or annuity contract issued or reinsured by 
                a qualifying insurance company or qualifying insurance 
                company branch in connection with property in, 
                liability arising out of activity in, or the lives or 
                health of residents of, a country other than the United 
                States.
                  ``(B) Minimum home country income required.--
                          ``(i) In general.--No contract of a 
                        qualifying insurance company or of a qualifying 
                        insurance company branch shall be treated as an 
                        exempt contract unless such company or branch 
                        derives more than 30 percent of its net written 
                        premiums from exempt contracts (determined 
                        without regard to this subparagraph)--
                                  ``(I) which cover applicable home 
                                country risks; and
                                  ``(II) with respect to which no 
                                policyholder, insured, annuitant, or 
                                beneficiary is a related person (as 
                                defined in section 954(d)(3)).
                          ``(ii) Applicable home country risks.--The 
                        term `applicable home country risks' means 
                        risks in connection with property in, liability 
                        arising out of activity in, or the lives or 
                        health of residents of, the home country of the 
                        qualifying insurance company or qualifying 
                        insurance company branch, as the case may be, 
                        issuing or reinsuring the contract covering the 
                        risks.
                  ``(C) Substantial activity requirements for cross 
                border risks.--A contract issued by a qualifying 
                insurance company or qualifying insurance company 
                branch which covers risks other than applicable home 
                country risks (as defined in subparagraph (B)(ii)) 
                shall not be treated as an exempt contract unless such 
                company or branch, as the case may be--
                          ``(i) conducts substantial activity with 
                        respect to an insurance business in its home 
                        country; and
                          ``(ii) performs in its home country 
                        substantially all of the activities necessary 
                        to give rise to the income generated by such 
                        contract.
          ``(3) Qualifying insurance company.--The term `qualifying 
        insurance company' means any controlled foreign corporation 
        which--
                  ``(A) is subject to regulation as an insurance (or 
                reinsurance) company by its home country, and is 
                licensed, authorized, or regulated by the applicable 
                insurance regulatory body for its home country to sell 
                insurance, reinsurance, or annuity contracts to persons 
                other than related persons (within the meaning of 
                section 954(d)(3)) in such home country;
                  ``(B) derives more than 50 percent of its aggregate 
                net written premiums from the issuance or reinsurance 
                by such controlled foreign corporation and each of its 
                qualifying insurance company branches of contracts--
                          ``(i) covering applicable home country risks 
                        (as defined in paragraph (2)) of such 
                        corporation or branch, as the case may be; and
                          ``(ii) with respect to which no policyholder, 
                        insured, annuitant, or beneficiary is a related 
                        person (as defined in section 954(d)(3));
                except that in the case of a branch, such premiums 
                shall only be taken into account to the extent such 
                premiums are treated as earned by such branch in its 
                home country for purposes of such country's tax laws; 
                and
                  ``(C) is engaged in the insurance business and would 
                be subject to tax under subchapter L if it were a 
                domestic corporation.
          ``(4) Qualifying insurance company branch.--The term 
        `qualifying insurance company branch' means a qualified 
        business unit (within the meaning of section 989(a)) of a 
        controlled foreign corporation if--
                  ``(A) such unit is licensed, authorized, or regulated 
                by the applicable insurance regulatory body for its 
                home country to sell insurance, reinsurance, or annuity 
                contracts to persons other than related persons (within 
                the meaning of section 954(d)(3)) in such home country; 
                and
                  ``(B) such controlled foreign corporation is a 
                qualifying insurance company, determined under 
                paragraph (3) as if such unit were a qualifying 
                insurance company branch.
          ``(5) Life insurance or annuity contract.--For purposes of 
        this section and section 954, the determination of whether a 
        contract issued by a controlled foreign corporation or a 
        qualified business unit (within the meaning of section 989(a)) 
        is a life insurance contract or an annuity contract shall be 
        made without regard to sections 72(s), 101(f), 817(h), and 7702 
        if--
                  ``(A) such contract is regulated as a life insurance 
                or annuity contract by the corporation's or unit's home 
                country; and
                  ``(B) no policyholder, insured, annuitant, or 
                beneficiary with respect to the contract is a United 
                States person.
          ``(6) Home country.--For purposes of this subsection, except 
        as provided in regulations--
                  ``(A) Controlled foreign corporation.--The term `home 
                country' means, with respect to a controlled foreign 
                corporation, the country in which such corporation is 
                created or organized.
                  ``(B) Qualified business unit.--The term `home 
                country' means, with respect to a qualified business 
                unit (as defined in section 989(a)), the country in 
                which the principal office of such unit is located and 
                in which such unit is licensed, authorized, or 
                regulated by the applicable insurance regulatory body 
                to sell insurance, reinsurance, or annuity contracts to 
                persons other than related persons (as defined in 
                section 954(d)(3)) in such country.
          ``(7) Anti-abuse rules.--For purposes of applying this 
        subsection and section 954(i)--
                  ``(A) the rules of section 954(h)(7) (other than 
                subparagraph (B) thereof) shall apply;
                  ``(B) there shall be disregarded any item of income, 
                gain, loss, or deduction of, or derived from, an entity 
                which is not engaged in regular and continuous 
                transactions with persons which are not related 
                persons;
                  ``(C) there shall be disregarded any change in the 
                method of computing reserves a principal purpose of 
                which is the acceleration or deferral of any item in 
                order to claim the benefits of this subsection or 
                section 954(i);
                  ``(D) a contract of insurance or reinsurance shall 
                not be treated as an exempt contract (and premiums from 
                such contract shall not be taken into account for 
                purposes of paragraph (2)(B) or (3)) if--
                          ``(i) any policyholder, insured, annuitant, 
                        or beneficiary is a resident of the United 
                        States and such contract was marketed to such 
                        resident and was written to cover a risk 
                        outside the United States; or
                          ``(ii) the contract covers risks located 
                        within and without the United States and the 
                        qualifying insurance company or qualifying 
                        insurance company branch does not maintain such 
                        contemporaneous records, and file such reports, 
                        with respect to such contract as the Secretary 
                        may require;
                  ``(E) the Secretary may prescribe rules for the 
                allocation of contracts (and income from contracts) 
                among 2 or more qualifying insurance company branches 
                of a qualifying insurance company in order to clearly 
                reflect the income of such branches; and
                  ``(F) premiums from a contract shall not be taken 
                into account for purposes of paragraph (2)(B) or (3) if 
                such contract reinsures a contract issued or reinsured 
                by a related person (as defined in section 954(d)(3)).
        For purposes of subparagraph (D), the determination of where 
        risks are located shall be made under the principles of section 
        953.
          ``(8) Coordination with subsection (c).--In determining 
        insurance income for purposes of subsection (c), exempt 
        insurance income shall not include income derived from exempt 
        contracts which cover risks other than applicable home country 
        risks.
          ``(9) Regulations.--The Secretary shall prescribe such 
        regulations as may be necessary or appropriate to carry out the 
        purposes of this subsection and section 954(i).
          ``(10) Application.--This subsection and section 954(i) shall 
        apply only to the first taxable year of a foreign corporation 
        beginning after December 31, 1998, and before January 1, 2000, 
        and to taxable years of United States shareholders with or 
        within which such taxable year of such foreign corporation 
        ends.
          ``(11) Cross reference.--

                  ``For income exempt from foreign personal holding 
company income, see section 954(i).''.

          (2) Exemption from foreign personal holding company income.--
        Section 954 (defining foreign base company income) is amended 
        by adding at the end the following new subsection:
  ``(i) Special Rule for Income Derived in the Active Conduct of 
Insurance Business.--
          ``(1) In general.--For purposes of subsection (c)(1), foreign 
        personal holding company income shall not include qualified 
        insurance income of a qualifying insurance company.
          ``(2) Qualified insurance income.--The term `qualified 
        insurance income' means income of a qualifying insurance 
        company which is--
                  ``(A) received from a person other than a related 
                person (within the meaning of subsection (d)(3)) and 
                derived from the investments made by a qualifying 
                insurance company or a qualifying insurance company 
                branch of its reserves allocable to exempt contracts or 
                of 80 percent of its unearned premiums from exempt 
                contracts (as both are determined in the manner 
                prescribed under paragraph (4)), or
                  ``(B) received from a person other than a related 
                person (within the meaning of subsection (d)(3)) and 
                derived from investments made by a qualifying insurance 
                company or a qualifying insurance company branch of an 
                amount of its assets allocable to exempt contracts 
                equal to--
                          ``(i) in the case of property, casualty, or 
                        health insurance contracts, one-third of its 
                        premiums earned on such insurance contracts 
                        during the taxable year (as defined in section 
                        832(b)(4)), and
                          ``(ii) in the case of life insurance or 
                        annuity contracts, 10 percent of the reserves 
                        described in subparagraph (A) for such 
                        contracts.
          ``(3) Principles for determining insurance income.--Except as 
        provided by the Secretary, for purposes of subparagraphs (A) 
        and (B) of paragraph (2)--
                  ``(A) in the case of any contract which is a separate 
                account-type contract (including any variable contract 
                not meeting the requirements of section 817), income 
                credited under such contract shall be allocable only to 
                such contract, and
                  ``(B) income not allocable under subparagraph (A) 
                shall be allocated ratably among contracts not 
                described in subparagraph (A).
          ``(4) Methods for determining unearned premiums and 
        reserves.--For purposes of paragraph (2)(A)--
                  ``(A) Property and casualty contracts.--The unearned 
                premiums and reserves of a qualifying insurance company 
                or a qualifying insurance company branch with respect 
                to property, casualty, or health insurance contracts 
                shall be determined using the same methods and interest 
                rates which would be used if such company or branch 
                were subject to tax under subchapter L, except that--
                          ``(i) the interest rate determined for the 
                        functional currency of the company or branch, 
                        and which, except as provided by the Secretary, 
                        is calculated in the same manner as the Federal 
                        mid-term rate under section 1274(d), shall be 
                        substituted for the applicable Federal interest 
                        rate, and
                          ``(ii) such company or branch shall use the 
                        appropriate foreign loss payment pattern.
                  ``(B) Life insurance and annuity contracts.--The 
                amount of the reserve of a qualifying insurance company 
                or qualifying insurance company branch for any life 
                insurance or annuity contract shall be equal to the 
                greater of--
                          ``(i) the net surrender value of such 
                        contract (as defined in section 807(e)(1)(A)), 
                        or
                          ``(ii) the reserve determined under paragraph 
                        (5).
                  ``(C) Limitation on reserves.--In no event shall the 
                reserve determined under this paragraph for any 
                contract as of any time exceed the amount which would 
                be taken into account with respect to such contract as 
                of such time in determining foreign statement reserves 
                (less any catastrophe, deficiency, equalization, or 
                similar reserves).
          ``(5) Amount of reserve.--The amount of the reserve 
        determined under this paragraph with respect to any contract 
        shall be determined in the same manner as it would be 
        determined if the qualifying insurance company or qualifying 
        insurance company branch were subject to tax under subchapter 
        L, except that in applying such subchapter--
                  ``(A) the interest rate determined for the functional 
                currency of the company or branch, and which, except as 
                provided by the Secretary, is calculated in the same 
                manner as the Federal mid-term rate under section 
                1274(d), shall be substituted for the applicable 
                Federal interest rate;
                  ``(B) the highest assumed interest rate permitted to 
                be used in determining foreign statement reserves shall 
                be substituted for the prevailing State assumed 
                interest rate; and
                  ``(C) tables for mortality and morbidity which 
                reasonably reflect the current mortality and morbidity 
                risks in the company's or branch's home country shall 
                be substituted for the mortality and morbidity tables 
                otherwise used for such subchapter.
        The Secretary may provide that the interest rate and mortality 
        and morbidity tables of a qualifying insurance company may be 
        used for 1 or more of its qualifying insurance company branches 
        when appropriate.
          ``(6) Definitions.--For purposes of this subsection, any term 
        used in this subsection which is also used in section 953(e) 
        shall have the meaning given such term by section 953.''.
          (3) Reserves.--Section 953(b) is amended by redesignating 
        paragraph (3) as paragraph (4) and by inserting after paragraph 
        (2) the following new paragraph:
          ``(3) Reserves for any insurance or annuity contract shall be 
        determined in the same manner as under section 954(i).''.
  (c) Special Rules for Dealers.--Section 954(c)(2)(C) is amended to 
read as follows:
                  ``(C) Exception for dealers.--Except as provided by 
                regulations, in the case of a regular dealer in 
                property which is property described in paragraph 
                (1)(B), forward contracts, option contracts, or similar 
                financial instruments (including notional principal 
                contracts and all instruments referenced to 
                commodities), there shall not be taken into account in 
                computing foreign personal holding company income--
                          ``(i) any item of income, gain, deduction, or 
                        loss (other than any item described in 
                        subparagraph (A), (E), or (G) of paragraph (1)) 
                        from any transaction (including hedging 
                        transactions) entered into in the ordinary 
                        course of such dealer's trade or business as 
                        such a dealer; and
                          ``(ii) if such dealer is a dealer in 
                        securities (within the meaning of section 475), 
                        any interest or dividend or equivalent amount 
                        described in subparagraph (E) or (G) of 
                        paragraph (1) from any transaction (including 
                        any hedging transaction or transaction 
                        described in section 956(c)(2)(J)) entered into 
                        in the ordinary course of such dealer's trade 
                        or business as such a dealer in securities, but 
                        only if the income from the transaction is 
                        attributable to activities of the dealer in the 
                        country under the laws of which the dealer is 
                        created or organized (or in the case of a 
                        qualified business unit described in section 
                        989(a), is attributable to activities of the 
                        unit in the country in which the unit both 
                        maintains its principal office and conducts 
                        substantial business activity).''.
  (d) Exemption From Foreign Base Company Services Income.--Paragraph 
(2) of section 954(e) is amended by inserting ``or'' at the end of 
subparagraph (A), by striking ``, or'' at the end of subparagraph (B) 
and inserting a period, by striking subparagraph (C), and by adding at 
the end the following new flush sentence:
        ``Paragraph (1) shall also not apply to income which is exempt 
        insurance income (as defined in section 953(e)) or which is not 
        treated as foreign personal holding income by reason of 
        subsection (c)(2)(C)(ii), (h), or (i).''.
  (e) Exemption for Gain.--Section 954(c)(1)(B)(i) (relating to net 
gains from certain property transactions) is amended by inserting 
``other than property which gives rise to income not treated as foreign 
personal holding company income by reason of subsection (h) or (i) for 
the taxable year'' before the comma at the end.

SEC. 106. DISCLOSURE OF RETURN INFORMATION ON INCOME CONTINGENT STUDENT 
                    LOANS.

  Subparagraph (D) of section 6103(l)(13) (relating to disclosure of 
return information to carry out income contingent repayment of student 
loans) is amended by striking ``September 30, 1998'' and inserting 
``September 30, 2003''.

             Subtitle B--Generalized System of Preferences

SEC. 111. EXTENSION OF GENERALIZED SYSTEM OF PREFERENCES.

  (a) Extension of Duty-Free Treatment Under System.--Section 505 of 
the Trade Act of 1974 (29 U.S.C. 2465) is amended by striking ``June 
30, 1998'' and inserting ``December 31, 1999''.
  (b) Retroactive Application for Certain Liquidations and 
Reliquidations.--
          (1) In general.--Notwithstanding section 514 of the Tariff 
        Act of 1930 or any other provision of law, and subject to 
        paragraph (2), any entry--
                  (A) of an article to which duty-free treatment under 
                title V of the Trade Act of 1974 would have applied if 
                such title had been in effect during the period 
                beginning on July 1, 1998, and ending on the day before 
                the date of the enactment of this Act; and
                  (B) that was made after June 30, 1998, and before the 
                date of the enactment of this Act,
        shall be liquidated or reliquidated as free of duty, and the 
        Secretary of the Treasury shall refund any duty paid with 
        respect to such entry. As used in this subsection, the term 
        ``entry'' includes a withdrawal from warehouse for consumption.
          (2) Requests.--Liquidation or reliquidation may be made under 
        paragraph (1) with respect to an entry only if a request 
        therefor is filed with the Customs Service, within 180 days 
        after the date of the enactment of this Act, that contains 
        sufficient information to enable the Customs Service--
                  (A) to locate the entry; or
                  (B) to reconstruct the entry if it cannot be located.

                       TITLE II--OTHER PROVISIONS

SEC. 201. DEPRECIATION STUDY.

  The Secretary of the Treasury (or the Secretary's delegate)--
          (1) shall conduct a comprehensive study of the recovery 
        periods and depreciation methods under section 168 of the 
        Internal Revenue Code of 1986, and
          (2) not later than March 31, 2000, shall submit the results 
        of such study, together with recommendations for determining 
        such periods and methods in a more rational manner, to the 
        Committee on Ways and Means of the House of Representatives and 
        the Committee on Finance of the Senate.

SEC. 202. PRODUCTION FLEXIBILITY CONTRACT PAYMENTS.

  (a) In General.--The options under paragraphs (2) and (3) of section 
112(d) of the Federal Agriculture Improvement and Reform Act of 1996 (7 
U.S.C. 7212(d) (2) and (3)), as in effect on the date of the enactment 
of this Act, shall be disregarded in determining the taxable year for 
which any payment under a production flexibility contract under 
subtitle B of title I of such Act (as so in effect) is properly 
includible in gross income for purposes of the Internal Revenue Code of 
1986.
  (b) Effective Date.--Subsection (a) shall apply to taxable years 
ending after December 31, 1995.

SEC. 203. 100 PERCENT DEDUCTION FOR HEALTH INSURANCE COSTS OF SELF-
                    EMPLOYED INDIVIDUALS.

  (a) In General.--The table contained in subparagraph (B) of section 
162(l)(1) (relating to special rules for health insurance costs of 
self-employed individuals) is amended by striking the last 4 items and 
inserting the following new items:

    ``2002........................................                  75 
     2003 and thereafter..........................               100.''

  (b) Effective Date.--The amendment made by this section shall apply 
to taxable years beginning after December 31, 1998.

SEC. 204. INCREASE IN VOLUME CAP ON PRIVATE ACTIVITY BONDS.

  (a) In General.--Subsection (d) of section 146 (relating to volume 
cap) is amended by striking paragraphs (1) and (2) and inserting the 
following new paragraphs:
          ``(1) In general.--The State ceiling applicable to any State 
        for any calendar year shall be the greater of--
                  ``(A) an amount equal to the per capita limit for 
                such year multiplied by the State population, or
                  ``(B) the aggregate limit for such year.
        Subparagraph (B) shall not apply to any possession of the 
        United States.
          ``(2) Per capita limit; aggregate limit.--For purposes of 
        paragraph (1), the per capita limit, and the aggregate limit, 
        for any calendar year shall be determined in accordance with 
        the following table:
      

  1999 through 2002..........          $50              $150,000,000
  2003.......................           55               165,000,000
  2004.......................           60               180,000,000
  2005.......................           65               195,000,000
  2006.......................           70               210,000,000
  2007 and thereafter........           75              225,000,000.''

  (b) Effective Date.--The amendment made by this section shall apply 
to calendar years after 1998.

SEC. 205. MODIFICATION OF ESTIMATED TAX SAFE HARBORS.

  (a) In General.--The table contained in clause (i) of section 
6654(d)(1)(C) (relating to limitation on use of preceding year's tax) 
is amended by striking the item relating to 1998, 1999, or 2000 and 
inserting the following new items:

    ``1998........................................                 105 
     1999 or 2000.................................               106''.

  (b) Effective Date.--The amendment made by this section shall apply 
with respect to any installment payment for taxable years beginning 
after December 31, 1999.

SEC. 206. EXEMPTION FOR STUDENTS EMPLOYED BY STATE SCHOOLS, COLLEGES, 
                    OR UNIVERSITIES.

  (a) In General.--Notwithstanding section 218 of the Social Security 
Act, any agreement with a State (or any modification thereof) entered 
into pursuant to such section may, at the option of such State, be 
modified at any time on or after January 1, 1999, and on or before 
March 31, 1999, so as to exclude service performed in the employ of a 
school, college, or university if such service is performed by a 
student who is enrolled and is regularly attending classes at such 
school, college, or university.
  (b) Effective Date of Modification.--Any modification of an agreement 
pursuant to subsection (a) shall be effective with respect to services 
performed after June 30, 1999.
  (c) Irrevocability of Modification.--If any modification of an 
agreement pursuant to subsection (a) terminates coverage with respect 
to service performed in the employ of a school, college, or university, 
by a student who is enrolled and regularly attending classes at such 
school, college, or university, the Commissioner of Social Security and 
the State may not thereafter modify such agreement so as to again make 
the agreement applicable to such service performed in the employ of 
such school, college, or university.

                       TITLE III--REVENUE OFFSETS

SEC. 301. TREATMENT OF CERTAIN DEDUCTIBLE LIQUIDATING DISTRIBUTIONS OF 
                    REGULATED INVESTMENT COMPANIES AND REAL ESTATE 
                    INVESTMENT TRUSTS.

  (a) In General.--Section 332 (relating to complete liquidations of 
subsidiaries) is amended by adding at the end the following new 
subsection:
  ``(c) Deductible Liquidating Distributions of Regulated Investment 
Companies and Real Estate Investment Trusts.--If a corporation receives 
a distribution from a regulated investment company or a real estate 
investment trust which is considered under subsection (b) as being in 
complete liquidation of such company or trust, then, notwithstanding 
any other provision of this chapter, such corporation shall recognize 
and treat as a dividend from such company or trust an amount equal to 
the deduction for dividends paid allowable to such company or trust by 
reason of such distribution.''.
  (b) Conforming Amendments.--
          (1) The material preceding paragraph (1) of section 332(b) is 
        amended by striking ``subsection (a)'' and inserting ``this 
        section''.
          (2) Paragraph (1) of section 334(b) is amended by striking 
        ``section 332(a)'' and inserting ``section 332''.
  (c) Effective Date.--The amendments made by this section shall apply 
to distributions after May 21, 1998.

SEC. 302. INCLUSION OF ROTAVIRUS GASTROENTERITIS AS A TAXABLE VACCINE.

  (a) In General.--Paragraph (1) of section 4132 (defining taxable 
vaccine) is amended by adding at the end the following new 
subparagraph:
                  ``(K) Any vaccine against rotavirus 
                gastroenteritis.''.
  (b) Effective Date.--
          (1) Sales.--The amendment made by this section shall apply to 
        sales after the date of the enactment of this Act.
          (2) Deliveries.--For purposes of paragraph (1), in the case 
        of sales on or before the date of the enactment of this Act for 
        which delivery is made after such date, the delivery date shall 
        be considered the sale date.

SEC. 303. CLARIFICATION AND EXPANSION OF MATHEMATICAL ERROR ASSESSMENT 
                    PROCEDURES.

  (a) TIN Deemed Incorrect if Information on Return Differs With Agency 
Records.--Paragraph (2) of section 6213(g) (defining mathematical or 
clerical error) is amended by adding at the end the following flush 
sentence:
        ``A taxpayer shall be treated as having omitted a correct TIN 
        for purposes of the preceding sentence if information provided 
        by the taxpayer on the return with respect to the individual 
        whose TIN was provided differs from the information the 
        Secretary obtains from the person issuing the TIN.''.
  (b) Expansion of Mathematical Error Procedures to Cases Where TIN 
Establishes Individual Not Eligible for Tax Credit.--Paragraph (2) of 
section 6213(g) is amended by striking ``and'' at the end of 
subparagraph (J), by striking the period at the end of the subparagraph 
(K) and inserting ``, and'', and by inserting after subparagraph (K) 
the following new subparagraph:
                  ``(L) the inclusion on a return of a TIN required to 
                be included on the return under section 21, 24, or 32 
                if--
                          ``(i) such TIN is of an individual whose age 
                        affects the amount of the credit under such 
                        section; and
                          ``(ii) the computation of the credit on the 
                        return reflects the treatment of such 
                        individual as being of an age different from 
                        the individual's age based on such TIN.''.
  (c) Effective Date.--The amendments made by this section shall apply 
to taxable years ending after the date of the enactment of this Act.

SEC. 304. CLARIFICATION OF DEFINITION OF SPECIFIED LIABILITY LOSS.

  (a) In General.--Subparagraph (B) of section 172(f)(1) (defining 
specified liability loss) is amended to read as follows:
                  ``(B)(i) Any amount allowable as a deduction under 
                this chapter (other than section 468(a)(1) or 468A(a)) 
                which is in satisfaction of a liability under a Federal 
                or State law requiring--
                          ``(I) the reclamation of land;
                          ``(II) the decommissioning of a nuclear power 
                        plant (or any unit thereof);
                          ``(III) the dismantlement of a drilling 
                        platform;
                          ``(IV) the remediation of environmental 
                        contamination; or
                          ``(V) a payment under any workers 
                        compensation act (within the meaning of section 
                        461(h)(2)(C)(i)).
                  ``(ii) A liability shall be taken into account under 
                this subparagraph only if--
                          ``(I) the act (or failure to act) giving rise 
                        to such liability occurs at least 3 years 
                        before the beginning of the taxable year; and
                          ``(II) the taxpayer used an accrual method of 
                        accounting throughout the period or periods 
                        during which such act (or failure to act) 
                        occurred.''.
  (b) Effective Date.--The amendment made by this section shall apply 
to net operating losses arising in taxable years ending after the date 
of the enactment of this Act.

                    TITLE IV--TECHNICAL CORRECTIONS

SEC. 401. DEFINITIONS; COORDINATION WITH OTHER TITLES.

  (a) Definitions.--For purposes of this title--
          (1) 1986 code.--The term ``1986 Code'' means the Internal 
        Revenue Code of 1986.
          (2) 1998 act.--The term ``1998 Act'' means the Internal 
        Revenue Service Restructuring and Reform Act of 1998 (Public 
        Law 105-206).
          (3) 1997 act.--The term ``1997 Act'' means the Taxpayer 
        Relief Act of 1997 (Public Law 105-34).
  (b) Coordination With Other Titles.--For purposes of applying the 
amendments made by any title of this Act other than this title, the 
provisions of this title shall be treated as having been enacted 
immediately before the provisions of such other titles.

SEC. 402. AMENDMENTS RELATED TO INTERNAL REVENUE SERVICE RESTRUCTURING 
                    AND REFORM ACT OF 1998.

  (a) Amendment Related to Section 1101 of 1998 Act.--Paragraph (5) of 
section 6103(h) of the 1986 Code, as added by section 1101(b) of the 
1998 Act, is redesignated as paragraph (6).
  (b) Amendment Related to Section 3001 of 1998 Act.--Paragraph (2) of 
section 7491(a) of the 1986 Code is amended by adding at the end the 
following flush sentence:
        ``Subparagraph (C) shall not apply to any qualified revocable 
        trust (as defined in section 645(b)(1)) with respect to 
        liability for tax for any taxable year ending after the date of 
        the decedent's death and before the applicable date (as defined 
        in section 645(b)(2)).''.
  (c) Amendments Related to Section 3201 of 1998 Act.--
          (1) Section 7421(a) of the 1986 Code is amended by striking 
        ``6015(d)'' and inserting ``6015(e)''.
          (2) Subparagraph (A) of section 6015(e)(3) is amended by 
        striking ``of this section'' and inserting ``of subsection (b) 
        or (f)''.
  (d) Amendment Related to Section 3301 of 1998 Act.--Paragraph (2) of 
section 3301(c) of the 1998 Act is amended by striking ``The 
amendments'' and inserting ``Subject to any applicable statute of 
limitation not having expired with regard to either a tax underpayment 
or a tax overpayment, the amendments''.
  (e) Amendment Related to Section 3401 of 1998 Act.--Section 3401(c) 
of the 1998 Act is amended--
          (1) in paragraph (1), by striking ``7443(b)'' and inserting 
        ``7443A(b)''; and
          (2) in paragraph (2), by striking ``7443(c)'' and inserting 
        ``7443A(c)''.
  (f) Amendment Related to Section 3433 of 1998 Act.--Section 7421(a) 
of the 1986 Code is amended by inserting ``6331(i),'' after 
``6246(b),''.
  (g) Amendment Related to Section 3467 of 1998 Act.--The subsection 
(d) of section 6159 of the 1986 Code relating to cross reference is 
redesignated as subsection (e).
  (h) Amendment Related to Section 3708 of 1998 Act.--Subparagraph (A) 
of section 6103(p)(3) of the 1986 Code is amended by inserting 
``(f)(5),'' after ``(c), (e),''.
  (i) Amendments Related to Section 5001 of 1998 Act.--
          (1) Subparagraph (B) of section 1(h)(13) of the 1986 Code is 
        amended by striking ``paragraph (7)(A)'' and inserting 
        ``paragraph (7)(A)(i)''.
          (2)(A) Subparagraphs (A)(i)(II), (A)(ii)(II), and (B)(ii) of 
        section 1(h)(13) of the 1986 Code shall not apply to any 
        distribution after December 31, 1997, by a regulated investment 
        company or a real estate investment trust with respect to--
                  (i) gains and losses recognized directly by such 
                company or trust, and
                  (ii) amounts properly taken into account by such 
                company or trust by reason of holding (directly or 
                indirectly) an interest in another such company or 
                trust to the extent that such subparagraphs did not 
                apply to such other company or trust with respect to 
                such amounts.
          (B) Subparagraph (A) shall not apply to any distribution 
        which is treated under section 852(b)(7) or 857(b)(8) of the 
        1986 Code as received on December 31, 1997.
          (C) For purposes of subparagraph (A), any amount which is 
        includible in gross income of its shareholders under section 
        852(b)(3)(D) or 857(b)(3)(D) of the 1986 Code after December 
        31, 1997, shall be treated as distributed after such date.
          (D)(i) For purposes of subparagraph (A), in the case of a 
        qualified partnership with respect to which a regulated 
        investment company meets the holding requirement of clause 
        (iii)--
                  (I) the subparagraphs referred to in subparagraph (A) 
                shall not apply to gains and losses recognized directly 
                by such partnership for purposes of determining such 
                company's distributive share of such gains and losses, 
                and
                  (II) such company's distributive share of such gains 
                and losses (as so determined) shall be treated as 
                recognized directly by such company.
        The preceding sentence shall apply only if the qualified 
        partnership provides the company with written documentation of 
        such distributive share as so determined.
          (ii) For purposes of clause (i), the term ``qualified 
        partnership'' means, with respect to a regulated investment 
        company, any partnership if--
                  (I) the partnership is an investment company 
                registered under the Investment Company Act of 1940,
                  (II) the regulated investment company is permitted to 
                invest in such partnership by reason of section 
                12(d)(1)(E) of such Act or an exemptive order of the 
                Securities and Exchange Commission under such section, 
                and
                  (III) the regulated investment company and the 
                partnership have the same taxable year.
          (iii) A regulated investment company meets the holding 
        requirement of this clause with respect to a qualified 
        partnership if (as of January 1, 1998)--
                  (I) the value of the interests of the regulated 
                investment company in such partnership is 35 percent or 
                more of the value of such company's total assets, or
                  (II) the value of the interests of the regulated 
                investment company in such partnership and all other 
                qualified partnerships is 90 percent or more of the 
                value of such company's total assets.
          (3) Paragraph (13) of section 1(h) of the 1986 Code is 
        amended by adding at the end the following new subparagraph:
                  ``(D) Charitable remainder trusts.--Subparagraphs (A) 
                and (B)(ii) shall not apply to any capital gain 
                distribution made by a trust described in section 
                664.''
  (j) Amendment Related to Section 7004 of 1998 Act.--Clause (i) of 
section 408A(c)(3)(C) of the 1986 Code, as amended by section 7004 of 
the 1998 Act, is amended by striking the period at the end of subclause 
(II) and inserting ``, and''.
  (k) Effective Date.--The amendments made by this section shall take 
effect as if included in the provisions of the 1998 Act to which they 
relate.

SEC. 403. AMENDMENTS RELATED TO TAXPAYER RELIEF ACT OF 1997.

  (a) Amendments Related to Section 202 of 1997 Act.--
          (1) Paragraph (2) of section 163(h) of the 1986 Code is 
        amended by striking ``and'' at the end of subparagraph (D), by 
        striking the period at the end of subparagraph (E) and 
        inserting ``, and'', and by adding at the end the following new 
        subparagraph:
                  ``(F) any interest allowable as a deduction under 
                section 221 (relating to interest on educational 
                loans).''
          (2)(A) Subparagraph (C) of section 221(b)(2) of the 1986 Code 
        is amended--
                  (i) by striking ``135, 137,'' in clause (i),
                  (ii) by inserting ``135, 137,'' after ``sections 
                86,'' in clause (ii), and
                  (iii) by striking the last sentence.
          (B) Sections 86(b)(2)(A), 135(c)(4)(A), and 219(g)(3)(A)(ii) 
        of the 1986 Code are each amended by inserting ``221,'' after 
        ``137,''.
          (C) Subparagraph (A) of section 137(b)(3) of the 1986 Code is 
        amended by inserting ``221,'' before ``911,''.
          (D) Clause (iii) of section 469(i)(3)(E) of the 1986 Code is 
        amended to read as follows:
                          ``(iii) the amounts allowable as a deduction 
                        under sections 219 and 221, and''.
          (3) The last sentence of section 221(e)(1) of the 1986 Code 
        is amended by inserting before the period ``or to any person by 
        reason of a loan under any qualified employer plan (as defined 
        in section 72(p)(4)) or under any contract referred to in 
        section 72(p)(5)''.
  (b) Provision Related to Section 311 of 1997 Act.--In the case of any 
capital gain distribution made after 1997 by a trust to which section 
664 of the 1986 Code applies with respect to amounts properly taken 
into account by such trust during 1997, paragraphs (5)(A)(i)(I), 
(5)(A)(ii)(I), and (13)(A) of section 1(h) of the 1986 Code (as in 
effect for taxable years ending on December 31, 1997) shall not apply.
  (c) Amendment Related to Section 506 of 1997 Act.--Section 2001(f)(2) 
of the 1986 Code is amended by adding at the end the following:
        ``For purposes of subparagraph (A), the value of an item shall 
        be treated as shown on a return if the item is disclosed in the 
        return, or in a statement attached to the return, in a manner 
        adequate to apprise the Secretary of the nature of such 
        item.''.
  (d) Amendments Related to Section 904 of 1997 Act.--
          (1) Paragraph (1) of section 9510(c) of the 1986 Code is 
        amended to read as follows:
          ``(1) In general.--Amounts in the Vaccine Injury Compensation 
        Trust Fund shall be available, as provided in appropriation 
        Acts, only for--
                  ``(A) the payment of compensation under subtitle 2 of 
                title XXI of the Public Health Service Act (as in 
                effect on August 5, 1997) for vaccine-related injury or 
                death with respect to any vaccine--
                          ``(i) which is administered after September 
                        30, 1988, and
                          ``(ii) which is a taxable vaccine (as defined 
                        in section 4132(a)(1)) at the time compensation 
                        is paid under such subtitle 2, or
                  ``(B) the payment of all expenses of administration 
                (but not in excess of $9,500,000 for any fiscal year) 
                incurred by the Federal Government in administering 
                such subtitle.''.
          (2) Section 9510(b) of the 1986 Code is amended by adding at 
        the end the following new paragraph:
          ``(3) Limitation on transfers to vaccine injury compensation 
        trust fund.--No amount may be appropriated to the Vaccine 
        Injury Compensation Trust Fund on and after the date of any 
        expenditure from the Trust Fund which is not permitted by this 
        section. The determination of whether an expenditure is so 
        permitted shall be made without regard to--
                  ``(A) any provision of law which is not contained or 
                referenced in this title or in a revenue Act, and
                  ``(B) whether such provision of law is a subsequently 
                enacted provision or directly or indirectly seeks to 
                waive the application of this paragraph.''.
  (e) Amendments Related to Section 915 of 1997 Act.--
          (1) Section 915 of the 1997 Act is amended--
                  (A) in subsection (b), by inserting ``or 1998'' after 
                ``1997'', and
                  (B) by amending subsection (d) to read as follows:
  ``(d) Effective Date.--This section shall apply to taxable years 
ending with or within calendar year 1997.''.
          (2) Paragraph (2) of section 6404(h) of the 1986 Code is 
        amended by inserting ``Robert T. Stafford'' before 
        ``Disaster''.
  (f) Amendments Related to Section 1012 of 1997 Act.--
          (1) Paragraph (2) of section 351(c) of the 1986 Code, as 
        amended by section 6010(c) of the 1998 Act, is amended by 
        inserting ``, or the fact that the corporation whose stock was 
        distributed issues additional stock,'' after ``dispose of part 
        or all of the distributed stock''.
          (2) Clause (ii) of section 368(a)(2)(H) of the 1986 Code, as 
        amended by section 6010(c) of the 1998 Act, is amended by 
        inserting ``, or the fact that the corporation whose stock was 
        distributed issues additional stock,'' after ``dispose of part 
        or all of the distributed stock''.
  (g) Provision Related to Section 1042 of 1997 Act.--Rules similar to 
the rules of section 1.1502-75(d)(5) of the Treasury Regulations shall 
apply with respect to any organization described in section 1042(b) of 
the 1997 Act.
  (h) Amendment Related to Section 1082 of 1997 Act.--Subparagraph (F) 
of section 172(b)(1) of the 1986 Code is amended by adding at the end 
the following new clause:
                          ``(iv) Coordination with paragraph (2).--For 
                        purposes of applying paragraph (2), an eligible 
                        loss for any taxable year shall be treated in a 
                        manner similar to the manner in which a 
                        specified liability loss is treated.''
  (i) Amendment Related to Section 1084 of 1997 Act.--Paragraph (3) of 
section 264(f) of the 1986 Code is amended by adding at the end the 
following flush sentence:
        ``If the amount described in subparagraph (A) with respect to 
        any policy or contract does not reasonably approximate its 
        actual value, the amount taken into account under subparagraph 
        (A) shall be the greater of the amount of the insurance company 
        liability or the insurance company reserve with respect to such 
        policy or contract (as determined for purposes of the annual 
        statement approved by the National Association of Insurance 
        Commissioners) or shall be such other amount as is determined 
        by the Secretary.''
  (j) Amendment Related to Section 1175 of 1997 Act.--Subparagraph (C) 
of section 954(e)(2) of the 1986 Code is amended by striking 
``subsection (h)(8)'' and inserting ``subsection (h)(9)''.
  (k) Amendment Related to Section 1205 of 1997 Act.--Paragraph (2) of 
section 6311(d) of the 1986 Code is amended by striking ``under such 
contracts'' in the last sentence and inserting ``under any such 
contract for the use of credit, debit, or charge cards for the payment 
of taxes imposed by subtitle A''.
  (l) Effective Date.--The amendments made by this section shall take 
effect as if included in the provisions of the 1997 Act to which they 
relate.

SEC. 404. AMENDMENTS RELATED TO TAX REFORM ACT OF 1984.

  (a) In General.--Subparagraph (C) of section 172(d)(4) of the 1986 
Code is amended to read as follows:
                  ``(C) any deduction for casualty or theft losses 
                allowable under paragraph (2) or (3) of section 165(c) 
                shall be treated as attributable to the trade or 
                business; and''.
  (b) Conforming Amendments.--
          (1) Paragraph (3) of section 67(b) of the 1986 Code is 
        amended by striking ``for losses described in subsection (c)(3) 
        or (d) of section 165'' and inserting ``for casualty or theft 
        losses described in paragraph (2) or (3) of section 165(c) or 
        for losses described in section 165(d)''.
          (2) Paragraph (3) of section 68(c) of the 1986 Code is 
        amended by striking ``for losses described in subsection (c)(3) 
        or (d) of section 165'' and inserting ``for casualty or theft 
        losses described in paragraph (2) or (3) of section 165(c) or 
        for losses described in section 165(d)''.
          (3) Paragraph (1) of section 873(b) is amended to read as 
        follows:
          ``(1) Losses.--The deduction allowed by section 165 for 
        casualty or theft losses described in paragraph (2) or (3) of 
        section 165(c), but only if the loss is of property located 
        within the United States.''
  (c) Effective Dates.--
          (1) The amendments made by subsections (a) and (b)(3) shall 
        apply to taxable years beginning after December 31, 1983.
          (2) The amendment made by subsection (b)(1) shall apply to 
        taxable years beginning after December 31, 1986.
          (3) The amendment made by subsection (b)(2) shall apply to 
        taxable years beginning after December 31, 1990.

SEC. 405. OTHER AMENDMENTS.

  (a) Amendments Related to Section 6103 of 1986 Code.--
          (1) Subsection (j) of section 6103 of the 1986 Code is 
        amended by adding at the end the following new paragraph:
          ``(5) Department of agriculture.--Upon request in writing by 
        the Secretary of Agriculture, the Secretary shall furnish such 
        returns, or return information reflected thereon, as the 
        Secretary may prescribe by regulation to officers and employees 
        of the Department of Agriculture whose official duties require 
        access to such returns or information for the purpose of, but 
        only to the extent necessary in, structuring, preparing, and 
        conducting the census of agriculture pursuant to the Census of 
        Agriculture Act of 1997 (Public Law 105-113).''.
          (2) Paragraph (4) of section 6103(p) of the 1986 Code is 
        amended by striking ``(j)(1) or (2)'' in the material preceding 
        subparagraph (A) and in subparagraph (F) and inserting 
        ``(j)(1), (2), or (5)''.
          (3) The amendments made by this subsection shall apply to 
        requests made on or after the date of the enactment of this 
        Act.
  (b) Amendment Related to Section 9004 of Transportation Equity Act 
for the 21st Century.--
          (1) Paragraph (2) of section 9503(f) of the 1986 Code is 
        amended to read as follows:
          ``(2) notwithstanding section 9602(b), obligations held by 
        such Fund after September 30, 1998, shall be obligations of the 
        United States which are not interest-bearing.''
          (2) The amendment made by paragraph (1) shall take effect on 
        October 1, 1998.
  (c) Clerical Amendments.--
          (1) Clause (i) of section 51(d)(6)(B) of the 1986 Code is 
        amended by striking ``rehabilitation plan'' and inserting 
        ``plan for employment''. The reference to ``plan for 
        employment'' in such clause shall be treated as including a 
        reference to the rehabilitation plan referred to in such clause 
        as in effect before the amendment made by the preceding 
        sentence.
          (2) Paragraph (3) of section 56(a) of the 1986 Code is 
        amended by striking ``section 460(b)(2)'' and inserting 
        ``section 460(b)(1)'' and by striking ``section 460(b)(4)'' and 
        inserting ``section 460(b)(3)''.
          (3) Paragraph (10) of section 2031(c) of the 1986 Code is 
        amended by striking ``section 2033A(e)(3)'' and inserting 
        ``section 2057(e)(3)''.
          (4) Subparagraphs (C) and (D) of section 6693(a)(2) of the 
        1986 Code are each amended by striking ``Section'' and 
        inserting ``section''.

                       I. SUMMARY AND BACKGROUND

                         A. Purpose and Summary

                                Purpose

    The bill, H.R. 4738, provides extensions of expired and 
expiring tax and trade provisions, accelerates the increase in 
the deduction for self-employed health insurance, requires a 
Treasury study of depreciation periods and methods, clarifies 
the treatment of certain farm production flexibility payments, 
increases the private activity bond volume cap, modifies the 
tax treatment of certain deductible liquidating distributions 
of regulated investment companies (``RICs'') and real estate 
investment trusts (``REITS''), restricts net operating loss 
carryback rules for specified liability losses, clarifies and 
expands mathematical error procedures, adds vaccines against 
rotavirus gastroenteritis to the list of taxable vaccines, and 
provides necessary technical corrections to recent tax 
legislation.

                          Summary of the Bill

Extension of expiring provisions

    The bill extends the following tax and trade provisions, 
retroactive to the existing expiration date:
          (1) Research and experimentation tax credit, with 
        certain modifications (through 1999);
          (2) Work opportunity tax credit (through 1999);
          (3) Permanent extension of the deduction for 
        contributions of appreciated stock to private 
        foundations, along with public inspection of private 
        foundation annual returns;
          (4) Exceptions under subpart F for certain active 
        financing income, with modifications, applicable only 
        for taxable years beginning in 1999;
          (5) Disclosure of return information to the 
        Department of Education for income contingent student 
        loans (through September 30, 2003);
          (6) Permanent extension of income averaging for 
        farmers; and
          (7) Reauthorization of the generalized system of 
        preferences (``GSP''), effective for duties paid on or 
        after July 1, 1998 and before January 1, 2000.

Treasury study on depreciation

    The Treasury Department is to conduct a comprehensive study 
of recovery periods and depreciation methods under Code section 
168, and to provide recommendations regarding such periods and 
methods by March 31, 2000.

Farm production flexibility contract payments

    The time a production flexibility contract payment under 
the Federal Agriculture Improvement and Reform Act of 1996 
(FAIR Act) is properly includible in income is determined 
without regard to the options granted by section 112(d)(2) 
(allowing receipt of one-half of the annual payment on either 
December 15 or January 15 of the fiscal year) or section 
112(d)(3) (allowing the acceleration of all payments for fiscal 
year 1999) of that Act. The provision is effective for 
production flexibility contract payments made under the FAIR 
Act in taxable years ending after December 31, 1998.

Increase deduction for health insurance expenses of self-employed 
        individuals

    The bill increases the deduction for health insurance of 
self-employed individuals to 75 percent for taxable years 
beginning in 2002 and to 100 percent for taxable years 
beginning in 2003 and thereafter.

Volume limits on private activity bonds

    The bill increases the limit on State private activity tax-
exempt bonds to $75 per resident of each State or $225 million 
(if greater) beginning in calendar year 2007. The limit 
increase is phased in, beginning with $55 per capita or $165 
million (if greater) in calendar year 2003.

Modification of individual estimated tax safe harbors

    For taxable years beginning in 2000 and 2001, the 105 
percent of last year's liability safe harbor for any individual 
with an AGI of more than $150,000 as shown on the return for 
the preceding taxable year is modified to be a 106 percent of 
last year's liability safe harbor.

State election to exempt student employees from Social Security

    The bill allows a limited window of time (January 1 through 
March 31, 1999) for States to modify existing State agreements 
to exempt from Social Security coverage students (including 
graduate assistants) who are employed by a public school, 
university, or college in a nonexempted State. The provision is 
effective with respect to earnings after June 30, 1999.

Revenue offset provisions

    Treatment of certain deductible liquidating distributions 
of regulated investment companies (``RICs'') and real estate 
investment trusts (``REITS'').--Under the bill, any amount 
which a liquidating RIC or REIT may take as a deduction for 
dividends paid with respect to an otherwise tax-free 
liquidating distribution to an 80-percent corporate owner will 
be includible in the income of the recipient corporation. The 
includible amount will be treated as a dividend received from 
the RIC or REIT. The liquidating corporation will be able to 
designate the amount treated as a dividend, as a capital gain 
dividend or, in the case of a RIC, a dividend eligible for the 
70-percent dividends received deduction, to the extent provided 
by the RIC or REIT provisions of the Code.
    The bill does not otherwise change the tax treatment of the 
distribution to the parent corporation or to the RIC or REIT. 
Thus, for example, the liquidating corporation will 
notrecognize gain (if any) on the liquidating distribution and the 
recipient corporation will hold the assets at a carryover basis. The 
provision is effective for distributions on or after May 22, 1998, 
regardless of when the plan of liquidation was adopted. No inference is 
intended regarding the treatment of such transactions under present 
law.
    Mathematical error procedure.--The bill clarifies and 
expands the mathematical and clerical error procedures so that 
a correct TIN is a TIN assigned by the Social Security 
Administration (or IRS) to the individual identified on the tax 
return.
    Vaccine excise tax.--The bill adds vaccines against 
rotavirus gastroenteritis to the list of taxable vaccines, 
effective for vaccine purchases after the date of enactment.
    Restrict NOL carryback rules for specified liability 
losses.--The bill limits the definition of specified liability 
losses that can be carried back 10 years. The provision is 
effective for net operating losses arising in taxable years 
ending after the date of enactment. No inference is intended 
regarding the interpretation of the specified liability loss 
carryback rules under present law.

Tax technical corrections provisions

    The bill makes necessary technical corrections to recent 
tax legislation, including the Internal Revenue Service 
Restructuring and Reform Act of 1998 (``1998 Act''), the 
Taxpayer Relief Act of 1997 (``1997 Act''), and other tax 
legislation.

                 B. Background and Need for Legislation

    Certain tax and trade provisions expired as of July 1, 
1998. The Committee believes that these provisions should be 
extended, generally through 1999, in order for taxpayers to 
have certainty in applying the provisions and for the Congress 
to have additional time to review and evaluate the provisions. 
The deduction for contributions of appreciated stock to private 
foundations and income averaging for farmers are extended 
permanently.
    The Committee concluded that the scheduled increase to 100 
percent for the deduction for self-employed health insurance 
should be accelerated in order to make health insurance more 
affordable for self-employed individuals.
    The Treasury Department is required to conduct a 
comprehensive study of recovery periods and depreciation under 
Code section 168, and to provide recommendations regarding such 
periods and methods.
    The bill provides revenue offsets for the costs of the 
other provisions of the bill, as well as necessary tax 
technical corrections to recent tax legislation.

                         C. Legislative History

    The bill, H.R. 4738, was introduced by Chairman Archer on 
October 8, 1998. The Committee marked up the bill on October 9, 
1998, and approved the bill with the Chairman's amendment in 
the nature of a substitute by a voice vote (with a quorum 
present).
    The provisions of H.R. 4738 generally were also included in 
H.R. 4579 (``Taxpayer Relief Act of 1998''), as passed by the 
House of Representatives on September 26, 1998. Three of the 
revenue-offset provisions (restrict NOL carryback rules for 
specified liability losses, clarify and expand mathematical 
error procedures, and adding the vaccine against rotavirus 
gastroenteritis as a taxable vaccine) were included in H.R. 
4250 (``Patient Protection Act of 1998''), as passed by the 
House of Representatives on July 24, 1998.

                      II. EXPLANATION OF THE BILL

               TITLE I. EXTENSION OF EXPIRING PROVISIONS

                       Subtitle A--Tax Provisions

 A. Extension of Research Tax Credit (Sec. 101 of the Bill and Sec. 41 
                              of the Code)

                              Present Law

General rule

    Section 41 provides for a research tax credit equal to 20 
percent of the amount by which a taxpayer's qualified research 
expenditures for a taxable year exceeded its base amount for 
that year. The research tax credit expired and generally does 
not apply to amounts paid or incurred after June 30, 1998.
    A 20-percent research tax credit also applied to the excess 
of (1) 100 percent of corporate cash expenditures (including 
grants or contributions) paid for basic research conducted by 
universities (and certain nonprofit scientific research 
organizations) over (2) the sum of (a) the greater of two 
minimum basic research floors plus (b) an amount reflecting any 
decrease in nonresearch giving to universities by the 
corporation as compared to such giving during a fixed-base 
period, as adjusted for inflation. This separate credit 
computation is commonly referred to as the ``university basic 
research credit'' (see sec. 41(e)).

Computation of allowable credit

    Except for certain university basic research payments made 
by corporations, the research tax credit applies only to the 
extent that the taxpayer's qualified research expenditures for 
the current taxable year exceed its base amount. The base 
amount for the current year generally is computed by 
multiplying the taxpayer's ``fixed-base percentage'' by the 
average amount of the taxpayer's gross receipts for the four 
preceding years. If a taxpayer both incurred qualified research 
expenditures and had gross receipts during each of at least 
three years from 1984 through 1988, then its ``fixed-base 
percentage'' is the ratio that its total qualified research 
expenditures for the 1984-1988 period bears to its total gross 
receipts for that period (subject to a maximum ratio of 16). 
All other taxpayers (so-called ``start-up firms'') are assigned 
a fixed-base percentage of 3 percent.\1\
---------------------------------------------------------------------------
    \1\ A special rule is designed to gradually recompute a start-up 
firm's fixed-base percentate based on its actual research experience. 
Under this special rule, a start-up firm will be assigned a fixed-based 
percentage of 3 percent for each of its first five taxable years after 
1993 in which it incurs qualified research expenditures. In the event 
that the research credit is extended beyond the scheduled expiration 
date, a start-up firm's fixed-based percentage for its sixth through 
tenth taxable years after 1993 in which it incurs qualifed research 
expenditures will be a phased-in ratio based on its actual research 
experience. For all subsequent taxable years, the taxpayer's fixed-
based percentage will be its actual ratio of qualified research 
expenditures to gross receipts for any five years selected by the 
taxpayer from its fifth through tenth taxable years after 1993 (sec. 
41(c)(3)(B)).
---------------------------------------------------------------------------
    In computing the credit, a taxpayer's base amount may not 
be less than 50 percent of its current-year qualified research 
expenditures.

Alternative incremental research credit regime

    Taxpayers are allowed to elect an alternative incremental 
research credit regime. If a taxpayer elects to be subject to 
this alternative regime, the taxpayer is assigned a three-
tiered fixed-base percentage (that is lower than the fixed-base 
percentage otherwise applicable under present law) and the 
credit rate likewise is reduced. Under the alternative credit 
regime, a credit rate of 1.65 percent applies to the extent 
that a taxpayer's current-year research expenses exceed a base 
amount computed by using a fixed-base percentage of 1 percent 
(i.e., the base amount equals 1 percent of the taxpayer's 
average gross receipts for the four preceding years) but do not 
exceed a base amount computed by using a fixed-base percentage 
of 1.5 percent. A credit rate of 2.2 percent applies to the 
extent that a taxpayer's current-year research expenses exceed 
a base amount computed by using a fixed-base percentage of 1.5 
percent but do not exceed a base amount computed by using a 
fixed-base percentage of 2 percent. A credit rate of 2.75 
percent applies to the extent that a taxpayer's current-year 
research expenses exceed a base amount computed by using a 
fixed-base percentage of 2 percent. An election to be subject 
to this alternative incremental credit regime may be made for 
any taxable year beginning after June 30, 1996, and such an 
election applies to that taxable year and all subsequent years 
(in the event that the credit subsequently is extended by 
Congress) unless revoked with the consent of the Secretary of 
the Treasury.

Eligible expenditures

    Qualified research expenditures eligible for the research 
tax credit consist of: (1) ``in-house'' expenses of the 
taxpayer for wages and supplies attributable to qualified 
research; (2) certain time-sharing costs for computer use in 
qualified research; and (3) 65 percent of amounts paid by the 
taxpayer for qualified research conducted on the taxpayer's 
behalf (so-called ``contract research expenses'').\2\
---------------------------------------------------------------------------
    \2\ Under a special rule, 75 percent of amounts paid to a research 
consortium for qualified research is treated as qualified research 
expenses eligible for the research credit (rather than 65 percent under 
the general rule under sec. 41(b)(3) governing contract research 
expenses) if (1) such research consortium is a tax-exempt organization 
that is described in section 501(c)(3) (other than a private 
foundation) or section 501(c)(6) and is organized and operated 
primarily to conduct scientific research, and (2) such qualified 
research is conducted by the consortium on behalf of the taxpayer and 
one or more persons not related to the taxpayer.
---------------------------------------------------------------------------
    To be eligible for the credit, the research must not only 
satisfy the requirements ofpresent-law section 174 but must be 
undertaken for the purpose of discovering information that is 
technological in nature, the application of which is intended to be 
useful in the development of a new or improved business component of 
the taxpayer, and must involve a process of experimentation related to 
functional aspects, performance, reliability, or quality of a business 
component.
    Expenditures attributable to research that is conducted 
outside the United States do not enter into the credit 
computation. In addition, the credit is not available for 
research in the social sciences, arts, or humanities, nor is it 
available for research to the extent funded by any grant, 
contract, or otherwise by another person (or governmental 
entity).

Relation to deduction

    Deductions allowed to a taxpayer under section 174 (or any 
other section) are reduced by an amount equal to 100 percent of 
the taxpayer's research tax credit determined for the taxable 
year. Taxpayers may alternatively elect to claim a reduced 
research tax credit amount under section 41 in lieu of reducing 
deductions otherwise allowed (sec. 280C(c)(3)).

                           Reasons for Change

    The Committee believes that increasing technological 
knowledge ultimately will lead to new and better products 
produced at lower costs. New and better products and lower 
production costs are the genesis of economic growth. For this 
reason, the Committee believes it is important to extend the 
research and experimentation tax credit.

                        Explanation of Provision

    The bill extends the research tax credit for 18 months--
i.e., generally, for the period July 1, 1998, through December 
31, 1999.
    In extending the credit, the Committee wishes to reaffirm 
the scope of the term ``qualified research.'' Section 41 
targets the credit to research which is undertaken for the 
purpose of discovering information which is technological in 
nature and the application of which is intended to be useful in 
the development of a new or improved business component of the 
taxpayer. However, eligibility for the credit does not require 
that the research be successful--i.e., the research need not 
achieve its desired result. Moreover, evolutionary research 
activities intended to improve functionality, performance, 
reliability, or quality are eligible for the credit, as are 
research activities intended to achieve a result that has 
already been achieved by other persons but is not yet within 
the common knowledge (e.g., freely available to the general 
public) of the field (provided that the research otherwise 
meets the requirements of section 41, including not being 
excluded by subsection (d)(4)).
    Activities constitute a process of experimentation, as 
required for credit eligibility, if they involve evaluation of 
more than one alternative to achieve a result where the means 
of achieving the result are uncertain at the outset, even if 
the taxpayer knows at the outset that it may be technically 
possible to achieve the result. Thus, even though a researcher 
may know of a particular method of achieving an outcome, the 
use of the process of experimentation to effect a new or better 
method of achieving that outcome may be eligible for the credit 
(provided that the research otherwise meets the requirements of 
section 41, including not being excluded by subsection (d)(4)).
    Lastly, the Committee observes the lack of clarity in the 
interpretation of the distinction between internal-use 
software, the costs of which may be eligible for the credit if 
additional tests are met, and other software. The Committee 
emphasizes that application of the definition of internal-use 
software should fully reflect Congressional intent.

                             Effective Date

    The extension of the research credit is effective for 
qualified research expenditures paid or incurred during the 
period July 1, 1998, through December 31, 1999.

 B. Extension of the Work Opportunity Tax Credit (Sec. 102 of the Bill 
                        and Sec. 51 of the Code)

                              Present Law

In general

    The work opportunity tax credit (``WOTC''), which expired 
on June 30, 1998, was available on an elective basis for 
employers hiring individuals from one or more of eight targeted 
groups. The credit equals 40 percent (25 percent for employment 
of 400 hours or less) of qualified wages. Qualified wages are 
wages attributable to service rendered by a member of a 
targeted group during the one-year period beginning with the 
day the individual began work for the employer. For a 
vocational rehabilitation referral, however, the period begins 
on the day the individual began work for the employer on or 
after the beginning of the individual's vocational 
rehabilitation plan.
    The maximum credit per employee is $2,400 (40% of the first 
$6,000 of qualified first-year wages). With respect to 
qualified summer youth employees, the maximum credit is $1,200 
(40 percent of the first $3,000 of qualified first-year wages).
    The employer's deduction for wages is reduced by the amount 
of the credit.

Targeted groups eligible for the credit

    The eight targeted groups are: (1) families eligible to 
receive benefits under the Temporary Assistance for Needy 
Families (TANF) Program; (2) high-risk youth; (3) qualified ex-
felons; (4) vocational rehabilitation referrals; (5) qualified 
summer youth employees; (6) qualified veterans; (7) families 
receiving food stamps; and (8) persons receiving certain 
Supplemental Security Income (SSI) benefits.

Minimum employment period

    No credit is allowed for wages paid to employees who work 
less than 120 hours in the first year of employment.

Expiration date

    The credit is effective for wages paid or incurred to a 
qualified individual who began work for an employer before July 
1, 1998.

                           Reasons for Change

    The Committee believes the preliminary experience of the 
WOTC is promising as an incentive for employers to hire 
individuals who are under-skilled, undereducated, or who 
generally may be less desirable to employers. A temporary 
extension of this credit will allow the Congress and the 
Treasury and Labor Departments to continue to monitor the 
effectiveness of the credit.

                        Explanation of Provision

    The bill extends the work opportunity tax credit for 18 
months (through December 31, 1999).

                             Effective Date

    The provision is effective for wages paid or incurred to 
qualified individuals who begin work for the employer on or 
after July 1, 1998, and before January 1, 2000.

C. Permanent Extension of Income Averaging for Farmers (Sec. 103 of the 
                    Bill and Sec. 1301 of the Code)

                              Present Law

    An individual engaged in a farming business may elect to 
compute his or her current year tax liability by averaging, 
over the prior three-year period, all or a portion of the 
taxable income that is attributable to the farming business.
    In general, an individual who makes the election (1) 
designates all or a portion of his or her taxable income 
attributable to any farming business from the current year as 
``elected farm income''; \3\ (2) allocates one-third of the 
elected farm income to each of the three prior taxable years; 
and (3) determines the current year section 1 tax liability by 
combining (a) his or her current year section 1 tax liability 
excluding the elected farm income allocated to the three prior 
taxable years, plus (b) the increases in the section 1 tax 
liability for each of the three prior taxable years caused by 
including one-third of the elected farm income in each such 
year. Any allocation of elected farm income pursuant to the 
election applies for purposes of any election in a subsequent 
taxable year.
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    \3\ The amount of elected farm income of a taxpayer for a taxable 
year may not exceed the taxable income attributable to any farming 
business for the year.
---------------------------------------------------------------------------
    The provision does not apply for employment tax purposes, 
or to an estate or a trust. The provision also does not apply 
for purposes of the alternative minimum tax. The provision is 
effective for taxable years beginning after December 31, 1997, 
and before January 1, 2001.

                           Reasons for Change

    Income from a farming business can fluctuate significantly 
from year to year due to circumstances beyond the farmer's 
control. Allowing farmers an election to average their income 
over a period of years mitigates the adverse tax consequences 
that could result from fluctuating income levels. The Committee 
believes that the election by farmers to average their income 
should be made permanent.

                        Explanation of Provision

    The bill permanently extends the income averaging provision 
for farmers.

                             Effective Date

    The provision is effective for taxable years beginning 
after December 31, 2000.

D. Extend the Deduction Provided for Contributions of Appreciated Stock 
to Private Foundations; Public Inspection of Private Foundation Annual 
                                Returns

1. Extend the deduction provided for contributions of appreciated stock 
        to private foundations (sec. 104(a) of the bill and sec. 
        170(e)(5) of the Code)

                              Present Law

    In computing taxable income, a taxpayer who itemizes 
deductions generally is allowed to deduct the fair market value 
of property contributed to a charitable organization.\4\ 
However, in the case of a charitable contribution of short-term 
gain, inventory, or other ordinary income property, the amount 
of the deduction generally is limited to the taxpayer's basis 
in the property. In the case of a charitable contribution of 
tangible personal property, the deduction is limited to the 
taxpayer's basis in such property if the use by the recipient 
charitable organization is unrelated to the organization's tax-
exempt purpose.
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    \4\ The amount of the deduction allowable for a taxable year with 
respect to a charitable contribution may be reduced depending on the 
type of property contributed, the type of charitable organization to 
which the property is contributed, and the income of the taxpayer 
(secs. 170(b) and 170(e)).
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    In cases involving contributions to a private foundation 
(other than certain private operating foundations), the amount 
of the deduction is limited to the taxpayer's basis in the 
property. However, under a special rule contained in section 
170(e)(5), taxpayers are allowed a deduction equal to the fair 
market value of ``qualified appreciated stock'' contributed to 
a private foundation prior to July 1, 1998. Qualified 
appreciated stock is defined as publicly traded stock which is 
capital gain property. The fair-market-value deduction for 
qualified appreciated stock donations applies only to the 
extent that total donations made by the donor to private 
foundations of stock in a particular corporation did not exceed 
10 percent of the outstanding stock of that corporation. For 
this purpose, an individual is treated as making all 
contributions that were made by any member of the individual's 
family.

                           Reasons for Change

    The Committee believes that, to encourage donations to 
charitable private foundations, it is appropriate to extend 
permanently the rule that allows a fair market value deduction 
for certain gifts of appreciated stock to private foundations.

                        Explanation of Provision

    The provision extends permanently the special rule 
contained in section 170(e)(5).

                             Effective Date

    The provision is effective for contributions of qualified 
appreciated stock to private foundations made on or after July 
1, 1998.

2. Public inspection of private foundation annual returns (sec. 104(b) 
    of the bill and secs. 6033, 6104, 6652, 6685, 7207 of the Code)

                              Present Law

    Tax-exempt organizations (other than churches and certain 
small organizations) are required to file an annual information 
return (Form 990) with the Internal Revenue Service (''IRS''), 
setting forth the organization's items of gross income and 
expenses attributable to such income, disbursements for tax-
exempt purposes, plus certain other information for the taxable 
year.
    Private foundations are required to make the current year's 
annual information return (Form 990-PF) available for public 
inspection at the foundation's principal office during regular 
business hours (sec. 6104(d)). Such return must be made 
available for inspection by any citizen on request made within 
180 days after the date of publication of notice of its 
availability. Notice must be published, not later than the day 
the return is required to be filed, in a newspaper having 
general circulation in the county in which the principal office 
of the foundation is located. The notice must state that the 
annual return is available for public inspection by any citizen 
who requests it, and must state the address and telephone 
number of the private foundation's principal office and the 
name of its principal manager.
    Tax-exempt organizations (other than private foundations) 
that are required to file a Form 990, including public 
charities, are required to allow public inspection at the 
organization's principal office (and certain regional or 
district offices) of their Forms 990 for the three most recent 
taxable years (sec. 6104(e)).
    The Taxpayer Bill of Rights 2 imposed additional public 
inspection requirements on tax-exempt organizations. All tax-
exempt organizations, except private foundations, will be 
required to comply with requests made in person or in writing 
by individuals who seek a copy of the organization's Form 990 
for any of the organization's three most recent taxable years. 
Upon such a request, the organization is required to supply 
copies without charge other than a reasonable fee for 
reproduction and mailing costs. If the request for copies is 
made in person, then the organization must immediately provide 
such copies. If the request for copies is made in writing, then 
copies must be provided within 30 days. In addition, all tax-
exempt organizations, including private foundations, will be 
required to comply in the same manner with requests made in 
person or in writing by individuals who seek a copy of the 
organization's application for recognition of tax-exempt status 
and certain related documents. However, an organization may be 
relieved of its obligation to provide copies if, in accordance 
with regulations to be promulgated by the Secretary of 
Treasury, (1) the organization has made the requested documents 
widely available or (2) the Secretary of the Treasury 
determined, upon application by the organization, that the 
organization was subject to a harassment campaign such that a 
waiver of the obligation to provide copies would be in the 
public interest. These additional public inspection provisions 
apply to requests made no earlier than 60 days after the date 
on which the Treasury Department publishes regulations defining 
when requested documents have been made widely available or 
when a request is part of a harassment campaign.\5\ While 
proposed regulations have been issued, final regulations have 
not been published; therefore, the provision is not yet in 
effect.\6\
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    \5\ However, the legislative history of the provision indicates 
that Congress expected that organizations will comply voluntarily with 
the public inspection provisions prior to the issuance of such final 
regulations.
    \6\ Prop. Treas. Reg. sec. 301.6104(e)-1.
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    Upon written request to the IRS, members of the general 
public also are permitted to inspect annual information returns 
of tax-exempt organizations and applications for recognition of 
tax-exempt status (and related documents) at the National 
Office of the IRS in Washington, D.C. A person making such a 
written request is notified by the IRS when the material is 
available for inspection at the National Office, where notes 
may be taken of the material open for inspection, photographs 
taken with the person's own equipment, or copies of such 
material obtained from the IRS for a fee (Treas. Reg. secs. 
301.6104(a)-6 and 301.6104(b)-1).

                           Reasons for Change

    To enhance oversight and public accountability of non-
profit organizations, the Committee believes that the 
disclosure provisions applicable to private foundations should 
be consistent with those applicable to public charities and 
other tax-exempt organizations. In addition, this change will 
result in more efficient use of private foundation resources by 
eliminating the present-law publication requirements.

                        Explanation of Provision

    Under the provision, private foundations are subject to the 
public inspection requirements that currently apply to public 
charities and all other tax-exempt organizations that file 
annual information returns. Accordingly, private foundations 
will be required to comply with requests from individuals who 
seek a copy of the foundation's annual information return for 
any of the foundation's three most recent taxable years. 
Private foundations are no longer subject to the publication 
requirements of section 6104(d).
    The Committee is aware that the length of annual 
information returns filed by certain private foundations may 
make duplication and mailing of the return expensive and 
administratively burdensome. The Committee expects that the 
Treasury Department will publish regulations to address this 
issue (e.g., by permitting persons to request a copy of 
particular portions of the return).

                             Effective Date

    The additional public inspection provisions apply to 
requests made after the later of: (1) the date which is 60 days 
after the date on which the Treasury Department publishes 
regulations defining when requested documents have been made 
widely available or when a request is part of a harassment 
campaign, or (2) December 31, 1998. The repeal of the present-
law publication requirement shall apply only to those returns 
the due date for filing of which is on or after the date the 
public inspection requirements become effective.

E. Exceptions Under Subpart F for Certain Active Financing Income (Sec. 
           105 of the Bill and Secs. 953 and 954 of the Code)

                              Present Law

In general

    Under the subpart F rules, certain U.S. shareholders of a 
controlled foreign corporation (``CFC'') are subject to U.S. 
tax currently on certain income earned by the CFC, whether or 
not such income is distributed to the shareholders. The income 
subject to current inclusion under the subpart F rules 
includes, among other things, ``foreign personal holding 
company income'' and insurance income. The U.S. 10-percent 
shareholders of a CFC also are subject to current inclusion 
with respect to their shares of the CFC's foreign base company 
services income (i.e., income derived from services performed 
for a related person outside the country in which the CFC is 
organized).
    Foreign personal holding company income generally consists 
of the following: (1) dividends, interest, royalties, rents and 
annuities; (2) net gains from the sale or exchange of (a) 
property that gives rise to the preceding types of income, (b) 
property that does not give rise to income, and (c) interests 
in trusts, partnerships, and REMICs; (3) net gains from 
commodities transactions; (4) net gains from foreign currency 
transactions; (5) income that is equivalent to interest; (6) 
income from notional principal contracts; and (7) payments in 
lieu of dividends.
    Insurance income subject to current inclusion under the 
subpart F rules includes any income of a CFC attributable to 
the issuing or reinsuring of any insurance or annuity contract 
in connection with risks located in a country other than the 
CFC's country of organization. Subpart F insurance income also 
includes income attributable to an insurance contract in 
connection with risks located within the CFC's country of 
organization, as the result of an arrangement under which 
another corporation receives a substantially equal amount of 
consideration for insurance of other-country risks. Investment 
income of a CFC that is allocable to any insurance or annuity 
contract related to risks located outside the CFC's country of 
organization is taxable as subpart F insurance income (Prop. 
Treas. Reg. sec. 1.953-1(a)).
    Temporary exceptions from foreign personal holding company 
income and foreign base company services income apply for 
subpart F purposes for certain income that is derived in the 
active conduct of a banking, financing, insurance, or similar 
business. These exceptions (described below) are applicable 
only for taxable years beginning in 1998.

Income from the active conduct of a banking, financing, or similar 
        business

    A temporary exception from foreign personal holding company 
income applies to income that is derived in the active conduct 
of a banking, financing, or similar business by a CFC that is 
predominantly engaged in the active conduct of such business. 
For this purpose, income derived in the active conduct of a 
banking, financing, or similar business generally is determined 
under the principles applicable in determining financial 
services income for foreign tax credit limitation purposes. 
However, in the case of a corporation that is engaged in the 
active conduct of a banking or securities business, the income 
that is eligible for this exception is determined under the 
principles applicable in determining the income which is 
treated as nonpassive income for purposes of the passive 
foreign investment company provisions. In this regard, the 
income of a corporation engaged in the active conduct of a 
banking or securities business that is eligible for this 
exception is the income that is treated as nonpassive under the 
regulations proposed under section 1296(b) (as in effect prior 
to the enactment of the Taxpayer Relief Act of 1997). See Prop. 
Treas. Reg. secs. 1.1296-4 and 1.1296-6. The Secretary of the 
Treasury is directed to prescribe regulations applying look-
through treatment in characterizing for this purpose dividends, 
interest, income equivalent to interest, rents and royalties 
from related persons.
    For purposes of the temporary exception, a corporation is 
considered to be predominantly engaged in the active conduct of 
a banking, financing, or similar business if it is engaged in 
the active conduct of a banking or securities business or is a 
qualified bank affiliate or qualified securities affiliate. In 
this regard, a corporation is considered to be engaged in the 
active conduct of a banking or securities business if the 
corporation would be treated as so engaged under the 
regulations proposed under prior law section 1296(b) (as in 
effect prior to the enactment of the Taxpayer Relief Act of 
1997); qualified bank affiliates and qualified securities 
affiliates are as determined under such proposed regulations. 
See Prop. Treas. Reg. secs. 1.1296-4 and 1.1296-6.
    Alternatively, a corporation is considered to be engaged in 
the active conduct of a banking, financing, or similar business 
if more than 70 percent of its gross income is derived from 
such business from transactions with unrelated persons located 
within the country under the laws of which the corporation is 
created or organized. For this purpose, income derived by a 
qualified business unit (``QBU'') of a corporation from 
transactions with unrelated persons located in the country in 
which the QBU maintains its principal office and conducts 
substantial business activity is treated as derived by the 
corporation from transactions with unrelated persons located 
within the country in which the corporation is created or 
organized. A person other than a natural person is considered 
to be located within the country in which it maintains an 
office through which it engages in a trade or business and by 
which the transaction is effected. A natural person is treated 
as located within the country in which such person is 
physically located when such person enters into the 
transaction.

Income from the active conduct of an insurance business

    A temporary exception from foreign personal holding company 
income applies for certain investment income of a qualifying 
insurance company with respect to risks located within the 
CFC's country of creation or organization. These rules differ 
from the rules of section 953 of the Code, which determines the 
subpart F inclusions of a U.S. shareholder relating to 
insurance income of a CFC. Such insurance income under section 
953 generally is computed in accordance with the rules of 
subchapter L of the Code.
    A temporary exception applies for income (received from a 
person other than a related person) from investments made by a 
qualifying insurance company of its reserves or 80 percent of 
its unearned premiums. For this purpose, in the case of 
contracts regulated in the country inwhich sold as property, 
casualty or health insurance contracts, unearned premiums and reserves 
are defined as unearned premiums and reserves for losses incurred 
determined using the methods and interest rates that would be used if 
the qualifying insurance company were subject to tax under subchapter L 
of the Code. Thus, for this purpose, unearned premiums are determined 
in accordance with section 832(b)(4), and reserves for losses incurred 
are determined in accordance with section 832(b)(5) and 846 of the Code 
(as well as any other rules applicable to a U.S. property and casualty 
insurance company with respect to such amounts).
    In the case of a contract regulated in the country in which 
sold as a life insurance or annuity contract, the following 
three alternative rules for determining reserves apply. Any one 
of the three rules can be elected with respect to a particular 
line of business.
    First, reserves for such contracts can be determined 
generally under the rules applicable to domestic life insurance 
companies under subchapter L of the Code, using the methods 
there specified, but substituting for the interest rates in 
Code section 807(d)(2)(B) an interest rate determined for the 
country in which the qualifying insurance company was created 
or organized, calculated in the same manner as the mid-term 
applicable Federal interest rate (``AFR'') (within the meaning 
of section 1274(d)).
    Second, the reserves for such contracts can be determined 
using a preliminary term foreign reserve method, except that 
the interest rate to be used is the interest rate determined 
for the country in which the qualifying insurance company was 
created or organized, calculated in the same manner as the mid-
term AFR. If a qualifying insurance company uses such a 
preliminary term method with respect to contracts insuring 
risks located in the country in which the company is created or 
organized, then such method is the method that applies for 
purposes of this election.
    Third, reserves for such contracts can be determined to be 
equal to the net surrender value of the contract (as defined in 
section 807(e)(1)(A)).
    In no event can the reserve for any contract at any time 
exceed the foreign statement reserve for the contract, reduced 
by any catastrophe or deficiency reserve. This rule applies 
whether the contract is regulated as a property, casualty, 
health, life insurance, annuity or any other type of contract.
    A temporary exception from foreign personal holding company 
income also applies for income from investment of assets equal 
to: (1) one-third of premiums earned during the taxable year on 
insurance contracts regulated in the country in which sold as 
property, casualty, or health insurance contracts; and (2) the 
greater of 10 percent of reserves, or, in the case of a 
qualifying insurance company that is a startup company, $10 
million. For this purpose, a startup company is a company 
(including any predecessor) that has not been engaged in the 
active conduct of an insurance business for more than 5 years. 
In general, the 5-year period commences when the foreign 
company first is engaged in the active conduct of an insurance 
business. If the foreign company was formed before being 
acquired by the U.S. shareholder, the 5-year period commences 
when the acquired company first was engaged in the active 
conduct of an insurance business. In the event of the 
acquisition of a book of business from another company through 
an assumption or indemnity reinsurance transaction, the 5-year 
period commences when the acquiring company first engaged in 
the active conduct of an insurance business, except that if 
more than a substantial part (e.g., 80 percent) of the business 
of the ceding company is acquired, then the 5-year period 
commences when the ceding company first engaged in the active 
conduct of an insurance business. Reinsurance transactions 
among related persons may not be used to multiply the number of 
5-year periods.
    Under rules prescribed by the Secretary, income is 
allocated to contracts as follows. In the case of contracts 
that are separate account-type contracts (including variable 
contracts not meeting the requirements of sec. 817), only the 
income specifically allocable to such contracts are taken into 
account. In the case of other contracts, income not 
specifically allocable is allocated ratably among such 
contracts.
    A qualifying insurance company is defined as any entity 
which: (1) is regulated as an insurance company under the laws 
of the country in which it is incorporated; (2) derives at 
least 50 percent of its net written premiums from the insurance 
or reinsurance of risks situated within its country of 
incorporation; and (3) is engaged in the active conduct of an 
insurance business and would be subject to tax under subchapter 
L if it were a domestic corporation.
    The temporary exceptions do not apply to investment income 
(includable in the income of a U.S. shareholder of a CFC 
pursuant to sec. 953) allocable to contracts that insure 
related party risks or risks located in a country other than 
the country in which the qualifying insurance company is 
created or organized.

Anti-abuse rule

    An anti-abuse rule applies for purposes of these temporary 
exceptions. For purposes of applying these exceptions, items 
with respect to a transaction or series of transactions are 
disregarded if one of the principal purposes of the transaction 
or transactions is to qualify income or gain for these 
exceptions, including any change in the method of computing 
reserves or any other transaction or transactions one of the 
principal purposes of which is the acceleration or deferral of 
any item in order to claim the benefits of these exceptions.

Foreign base company services income

    A temporary exception from foreign base company services 
income applies for income derived from services performed in 
connection with the active conduct of a banking, financing, 
insurance or similar business by a CFC that is predominantly 
engaged in the active conduct of such business or is a 
qualifying insurance company.

                           Reasons for Change

    The subpart F rules historically have been aimed at 
requiring current inclusion by the U.S. shareholders of income 
of a CFC that is either passive or easily moveable. Under the 
subpart F rules, certain U.S. shareholders of a CFC are subject 
to U.S. tax on a current basis on certain income (including 
certain insurance income and foreign personal holding company 
income) earned by the CFC, whether or not such income is 
distributed to the shareholders. Prior to the enactment of the 
Tax Reform Act of 1986 (the ``1986 Act''), exceptions from 
foreign personal holding company income were provided for 
income derived in the active conduct of a banking, financing, 
or similar business, or derived from certain investments made 
by an insurance company. The Committee recognizes that the 1986 
Act's repeal of these exceptions may be viewed as causing the 
subpart F rules to apply to income that is neither passive nor 
easily moveable, requiring inclusion of such income on a 
current basis by U.S. shareholders. In the Taxpayer Relief Act 
of 1997, a one-year temporary exception from foreign personal 
holding company income was enacted \7\ for income from the 
active conduct of an insurance, banking, financing, or similar 
business. The Committee believes it is appropriate to extend 
for one year these exceptions from subpart F, with certain 
modifications.
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    \7\ The President canceled this provision in 1997 pursuant to the 
Line Item Veto Act. On June 25, 1998, the U.S. Supreme Court held that 
the cancellation procedures set forth in the Line Item Veto Act are 
unconstitutional. Clinton v. City of New York, 118 S. Ct. 2091 (June 
25, 1998).
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    The Committee believes that modifications to the present-
law provision are appropriate, including changes designed to 
treat various types of businesses with active financing income 
more similarly to each other than does the present-law 
provision. The Committee also believes that it is appropriate 
to modify the present-law provision to require that eligible 
businesses conduct substantial activity with regard to their 
respective financial service businesses, and that the income 
eligible for the exceptions have a nexus with the business 
activities giving rise to such income. In the case of 
transactions conducted with persons located outside the home 
country of the CFC or its foreign branch (so-called ``cross 
border'' transactions), the Committee believes that it is 
appropriate to impose higher standards for qualifying under the 
provision due to the increased concerns with respect to the 
mobility of income from such transactions.

                        Explanation of Provision

In general

    The bill extends and modifies the present-law temporary 
exceptions from subpart F for income that is derived in the 
active conduct of a banking, financing, or similar business or 
in the conduct of an insurance business. These exceptions (as 
modified) are applicable only for taxable years beginning in 
1999.
    With respect to income derived in the active conduct of a 
banking, financing, or similar business, the bill differs from 
the present-law temporary exceptions in the following 
significant respects. First, the bill requires a CFC to conduct 
substantial activity with respect to its business in order to 
qualify for the exceptions. Second, the bill adds certain nexus 
requirements which require that income which is derived by a 
CFC or QBU from transactions with customers areeligible for the 
exceptions if, among other things, substantially all of the activities 
in connection with such transactions are conducted directly by the CFC 
or QBU in its home country, and such income is treated as earned by the 
CFC or QBU in its home country for purposes of such country's tax laws. 
Third, the bill modifies the tests for determining whether a CFC is 
predominantly engaged in the active conduct of a banking, financing, or 
similar business, including modifications for income derived from a 
lending or finance business. Fourth, the bill extends the exceptions to 
income derived from certain cross border transactions, provided that 
certain requirements are met. Fifth, the determination of where a 
customer is treated as located is made under rules prescribed by the 
Secretary of the Treasury. Finally, the look-through rule that was 
included in the present-law provision for purposes of determining the 
income eligible for the exceptions is eliminated.
    In the case of insurance, the bill differs from present law 
in the following significant respects. In addition to the 
exception for certain income of a qualifying insurance company 
with respect to risks located within the CFC's country of 
creation or organization that is provided under present law, 
the bill provides additional exceptions. First, the bill 
provides temporary exceptions from insurance income and from 
foreign personal holding company income for certain income of a 
qualifying branch of a qualifying insurance company with 
respect to risks located within the home country of the branch, 
provided certain requirements are met under each of the 
exceptions. Further, the bill adds additional temporary 
exceptions from insurance income and from foreign personal 
holding company income for certain income of certain CFCs or 
branches with respect to risks located in any country other 
than the United States, provided that the requirements for 
these exceptions are met.

Income from the active conduct of a banking, financing, or similar 
        business

            Substantial activity requirement
    The bill modifies the exceptions from subpart F for income 
derived in the active conduct of a banking, financing, or 
similar business by, among other things, incorporating a 
substantial activity requirement. Under the bill, the subpart F 
exceptions apply to a CFC that is an eligible controlled 
foreign corporation (an ``eligible CFC''). An eligible CFC is 
defined as a CFC which is predominantly engaged in the active 
conduct of a banking, financing, or similar business, but only 
if it conducts substantial activity with respect to such 
business.
    Whether a CFC is considered to conduct substantial activity 
with respect to a banking, financing, or similar business is 
determined under all the facts and circumstances. It is 
intended that as part of this facts and circumstances analysis 
in determining whether the activities conducted by the CFC are 
substantial, all relevant factors are taken into account, 
including the overall size of the CFC, the amount of its 
revenues and expenses, the number of its employees, the ratio 
of its revenues per employee, the amount of property it owns, 
and the nature, size, and relative significance of the 
applicable activities conducted by the CFC. Under the bill, the 
Secretary is granted the authority to prescribe regulations to 
carry out the purposes of these exceptions. It is intended that 
such authority includes the authority to prescribe rules 
relating to whether a CFC (or, as relevant, a QBU) is 
considered to conduct substantial activity.
    It also is intended that as part of this facts and 
circumstances analysis, a CFC is required to conduct 
substantially all of the activities necessary for the 
generation of income with respect to the business, which 
generally include the following:
          Initial solicitation of customers (including 
        vendors);
          Advising customers on financial needs, including 
        funding and financial products;
          Providing financial and technical advice to 
        customers;
          Designing or tailoring financial products to 
        customers' needs;
          Negotiating terms with customers;
          Performing credit analysis on customers and 
        evaluating noncredit risks;
          Providing related services to customers;
          Making loans, entering into leases, extending credit 
        or entering into other transactions with customers that 
        generate income that would be considered derived in the 
        active conduct of a banking, financing, or similar 
        business;
          Collecting from customers;
          Performing remarketing activities (including sales) 
        following termination of transactions with customers;
          Responding to customers' failure to satisfy their 
        obligations under transactions, including enforcement 
        or renegotiation of terms, liquidation of collateral, 
        foreclosure, and/or institution of litigation; and
          Holding collateral for transactions with customers.
It is intended that the performance of back-office functions 
(including accounting for income or loss, recordkeeping, and 
routine communicating with customers) not be taken into account 
in determining whether the substantial activity requirement is 
satisfied. It also is intended that the relevant activities of 
the business may be modified by Treasury regulation to take 
into account future changes in the operations of these 
businesses.
    In general, the substantial activity requirement is applied 
based on the activities of the CFC as a whole, including the 
activities of any QBUs of the CFC. In determining whether the 
substantial activity requirement is satisfied, activities 
performed in the country in which the CFC is incorporated (or 
in the country in which the QBU has its principal office) by 
employees of a related person of the CFC are taken into 
account, but only to the extent that the related person is 
compensated on an arm's-length basis for the services of such 
employees and such compensationis includible in the related 
person's income in such country for purposes of such country's income 
tax laws. For this purpose, a related person has the meaning provided 
in section 954(d)(3), substituting ``at least 80 percent'' for ``more 
than 50 percent.'' It is intended that the activities of such a related 
person are not again taken into account in determining whether another 
CFC or QBU (e.g., the related person) satisfies the substantial 
activity requirement.
            Predominantly engaged requirement
    The bill also modifies the rules for determining whether a 
CFC is predominantly engaged in the active conduct of a 
banking, financing, or similar business. Alternative rules 
apply for this purpose.
    Banking or securities business.--The bill modifies the 
present-law application of the banking or securities business 
tests for determining whether a CFC is predominantly engaged in 
the active conduct of a banking, financing, or similar 
business. Under the bill, a CFC is considered to be 
predominantly engaged in the active conduct of a banking, 
financing, or similar business if it is engaged in the active 
conduct of a banking business and is an institution licensed to 
do business as a bank in the United States (or is any other 
corporation not so licensed which is specified in regulations). 
In addition, a CFC is considered to be predominantly engaged in 
the active conduct of a banking, financing, or similar business 
if it is engaged in the active conduct of a securities business 
and is registered as a securities broker or dealer under 
applicable U.S. securities laws (or is any other corporation 
not so registered which is specified in regulations). It 
generally is intended that these requirements for the active 
conduct of a banking or securities business be interpreted in 
the manner provided in the regulations proposed under prior law 
section 1296(b) (as in effect prior to the enactment of the 
Taxpayer Relief Act of 1997). See Prop. Treas. Reg. secs. 
1.1296-4 and 1.1296-6. Specifically, it is intended that these 
requirements include the requirements for foreign banks under 
Prop. Treas. Reg. sec. 1.1296-4 as currently drafted. However, 
it is not intended that these requirements be considered to be 
satisfied by a CFC merely because it is a qualified bank 
affiliate or a qualified securities affiliate within the 
meaning of the proposed regulations under former section 
1296(b).
    Lending or finance business.--The bill modifies the 
present-law 70-percent test for determining whether a CFC is 
predominantly engaged in the active conduct of a banking, 
financing, or similar business. Under the bill, a CFC is 
considered to be predominantly engaged in the active conduct of 
such business if more than 70 percent of its gross income is 
derived directly from the active and regular conduct of a 
lending or finance business from transactions with customers 
which are unrelated persons. For this purpose, it is intended 
that transactions with customers located in the United States 
not be taken into account in determining whether the 70-percent 
test is satisfied.
    For this purpose, a CFC is considered to be engaged in a 
lending or finance business if it is engaged in the business 
of:
          (1) making loans;
          (2) purchasing or discounting accounts receivable, 
        notes (including loans), or installment obligations;
          (3) engaging in leasing (including entering into 
        leases and purchasing, servicing and disposing of 
        leases and leased assets);
          (4) issuing letters of credit and providing 
        guarantees;
          (5) providing charge and credit card services; or
          (6) rendering services or making facilities available 
        in connection with the foregoing activities carried on 
        by the corporation rendering such services or 
        facilities, or by another corporation which is a member 
        of the same affiliated group.
For this purpose, whether two corporations are affiliated is 
determined by reference to section 1504 with one modification: 
the exclusion for foreign corporations is disregarded.
    Whether any portion of a CFC's gross income is derived 
directly from the active and regular conduct of a lending or 
finance business is determined under all the facts and 
circumstances. Under the bill, the Secretary is granted the 
authority to prescribe regulations to carry out the purposes of 
these exceptions. It is intended that such authority includes 
the authority to prescribe rules relating to this 
determination.
            Qualified banking or financing income exempt from subpart F
    In general.--If a CFC is treated as an eligible CFC (i.e., 
it satisfies the substantial activity and predominantly engaged 
requirements), the subpart F exceptions apply to qualified 
banking or financing income of such corporation. Qualified 
banking or financing income is defined as income which is 
derived in the active conduct of a banking, financing, or 
similar business by an eligible CFC or a QBU of such CFC if: 
(1) the income is derived from transactions with customers not 
located in the United States, (2) substantially all of the 
activities in connection with such transactions are conducted 
directly by the corporation or unit in its home country, and 
(3) the income is treated as earned by such corporation or unit 
in its home country for purposes of such country's tax laws. 
For this purpose, income is considered to be earned by a CFC or 
a QBU in its home country if such income is sourced and 
allocable to such CFC or QBU in its home country for purposes 
of such country's tax laws. In addition, for this purpose, 
activities are considered to be conducted by a CFC or QBU if 
such activities are performed by employees of the CFC or QBU. 
Except as provided by regulations, a CFC's home country is 
defined as its country of creation or organization, and a QBU's 
home country is defined as the country in which the unit 
maintains its principal office. Moreover, income derived from 
transactions with customers apply only to transactions with 
customers acting in their capacity as such.
    For this purpose, it is intended that income derived by an 
eligible CFC or QBU of such CFC from the following types of 
activities be considered to be income derived in the active 
conduct of a banking, financing, or similar business (provided 
that the other requirements for these exceptions are 
satisfied):
          (1) regularly making personal, mortgage, industrial, 
        or other loans in the ordinary course of the 
        corporation's trade or business;
          (2) factoring evidences of indebtedness for 
        customers;
          (3) purchasing, selling, discounting, or negotiating 
        for customers notes, drafts, checks, bills of exchange, 
        acceptances, or other evidences of indebtedness;
          (4) issuing letters of credit and negotiating drafts 
        drawn thereunder for customers;
          (5) performing trust services, including as a 
        fiduciary, agent, or custodian, for customers, provided 
        such trust activities are not performed in connection 
        with services provided by a dealer in stock, securities 
        or similar financial instruments;
          (6) arranging foreign exchange transactions 
        (including any section 988 transaction within the 
        meaning of section 988(c)(1)) for, or engaging in 
        foreign exchange transactions with, customers;
          (7) arranging interest rate or currency futures, 
        forwards, options or notional principal contracts for, 
        or entering into such transactions with, customers;
          (8) underwriting issues of stock, debt instruments or 
        other securities under best efforts or firm commitment 
        agreements for customers;
          (9) engaging in leasing (including entering into 
        leases and purchasing, servicing and disposing of 
        leases and leased assets);
          (10) providing charge and credit card services for 
        customers or factoring receivables obtained in the 
        course of providing such services;
          (11) providing traveler's check and money order 
        services for customers;
          (12) providing correspondent bank services for 
        customers;
          (13) providing paying agency and collection agency 
        services for customers;
          (14) maintaining restricted reserves (including money 
        or securities) in a segregated account in order to 
        satisfy a capital or reserve requirement imposed by a 
        local banking or securities regulatory authority;
          (15) engaging in hedging activities directly related 
        to another activity described herein;
          (16) repackaging mortgages and other financial assets 
        into securities and servicing activities with respect 
        to such assets (including the accrual of interest 
        incidental to such activity);
          (17) engaging in financing activities typically 
        provided in the ordinary course by an investment bank, 
        such as project financing provided in connection with 
        construction projects, structured finance (including 
        the extension of a loan and the sale of participations 
        or interests in the loan to other financial 
        institutions or investors), and leasing activities to 
        the extent incidental to such financing activities;
          (18) providing financial or investment advisory 
        services, investment management services, fiduciary 
        services, or custodial services;
          (19) purchasing or selling stock, debt instruments, 
        interest rate or currency futures or other securities 
        or derivative financial products (including notional 
        principal contracts) from or to customers and holding 
        stock, debt instruments and other securities as 
        inventory for sale to customers, unless the relevant 
        securities or derivative financial products are not 
        held in a dealer capacity;
          (20) effecting transactions in securities for 
        customers as a securities broker; and
          (21) any other activity that the Secretary of the 
        Treasury determines to be a financing activity 
        conducted by active corporations in the ordinary course 
        of their business.
    Qualified banking or financing income of an eligible CFC or 
QBU of such CFC is determined separately for the CFC and each 
QBU, taking into account, in the case of an eligible CFC, only 
items of income, gain, deduction, loss or other items, as well 
as activities, of such CFC that are not properly allocable to 
any QBUs. Similarly, in the case of a QBU, qualified banking or 
financing income is determined by taking into account such 
applicable items (e.g., income and activities) that are 
properly allocable to such QBU. Under the bill, the Secretary 
is granted the authority to prescribe regulations to carry out 
the purposes of these exceptions. It is intended that such 
authority includes the authority to prescribe rules for 
properly allocating items and activities among branches or 
units of a CFC, and between the CFC and its branches or units.
    Income from local customer transactions.--If the 
requirements above are satisfied, the exceptions apply to 
income that is derived from transactions with customers located 
in the CFC's home country. In addition, the exceptions apply to 
income that is derived by a QBU of an eligible CFC from 
transactions with customers located in the QBU's home country.
    For example, assume that a CFC is incorporated in the 
United Kingdom and has operations in France that constitute a 
QBU. Also assume that the activities of the U.K. CFC's head 
office together with the activities of the French QBU satisfy 
the substantial activity requirement. Under the bill, income 
derived by the U.K. CFC from transactions with customersin the 
United Kingdom is eligible for the exceptions if substantially all of 
the activities in connection with the transaction are performed in the 
United Kingdom by employees of the U.K. CFC, and the income is treated 
as earned by the U.K. CFC in the United Kingdom for U.K. income tax 
purposes. In addition, income derived by the French QBU from 
transactions with customers in France is eligible for the exceptions if 
substantially all of the activities in connection with the transactions 
are performed in France by employees of the French QBU, and the income 
is treated as earned by the French QBU in France for French income tax 
purposes.
    Income from cross border transactions.--If the requirements 
above are satisfied, the exceptions also apply to income from 
certain cross border transactions, but only if a higher 
standard with respect to the substantial activity requirement 
is satisfied. Under the bill, income derived by a CFC from 
transactions with customers not located in the CFC's home 
country or the United States is eligible for the exceptions if 
the CFC conducts substantial activity with respect to a 
banking, financing, or similar business in its home country. In 
addition, income derived by a QBU of an eligible CFC from 
transactions with customers not located in the QBU's home 
country or the United States is eligible for the exceptions, 
but only if the QBU conducts substantial activity with respect 
to such a business in its home country. For this purpose, the 
substantial activity requirement is applied by looking only at 
the activities of the applicable CFC or QBU on a stand-alone 
basis. Thus, income derived by a QBU from transactions with 
customers not located in its home country (or in the United 
States) is eligible for the exceptions if the activities of the 
QBU itself constitute substantial activities (provided that the 
other requirements are satisfied).
    Consider again the U.K. CFC and the French QBU. If the head 
office of the U.K. CFC derives income from a transaction with a 
customer in Germany, the income is eligible for the exceptions 
if the activities of the CFC itself (without regard to those of 
the French QBU) satisfy the substantial activity requirement. 
Alternatively, if the French QBU derives income from a 
transaction with a German customer, the income is eligible for 
the exceptions if the activities of the French QBU itself 
satisfy the substantial activity requirement.
    Home country requirement for income earned with respect to 
a lending or finance business.--In the case of a lending or 
finance business, in addition to the requirements described 
above, the bill includes an additional requirement to qualify 
for the exceptions in the case of income earned by a CFC which 
qualifies as an eligible CFC by satisfying the predominantly 
engaged requirement for an active lending or finance business. 
For such an eligible CFC, income derived by such CFC is 
eligible for the exceptions only if such CFC derives more than 
30 percent of its gross income directly from the active and 
regular conduct of a lending or finance business from 
transactions with customers that are unrelated persons and that 
are located within the CFC's home country (the ``home country'' 
requirement). In addition, income derived by a QBU of such an 
eligible CFC is eligible for the exceptions only if such QBU 
derives more than 30 percent of its gross income directly from 
the active and regular conduct of a lending or finance business 
from transactions with customers that are unrelated persons and 
that are located within the QBU's home country. For this 
purpose, it is intended that transactions with customers 
located in the United States not be taken into account.
    The home country requirement is applied on a stand-alone 
basis to the particular CFC or QBU. Thus, the 30-percent gross 
income test takes into account only the gross income of a 
particular CFC (without regard to the income of its QBUs) from 
transactions with its home-country unrelated customers. 
Similarly, in the case of a QBU, there is taken into account 
the gross income of the particular QBU (without regard to the 
income of the CFC or other QBUs) from transactions with its 
home-country unrelated customers. Accordingly, if more than 70 
percent of the CFC's gross income is derived directly from the 
active and regular conduct of a lending or finance business 
from transactions with unrelated customers, and one of the 
CFC's QBUs satisfies the home country requirement but another 
QBU does not satisfy such requirement, income derived by the 
QBU that satisfies the home country requirement is eligible for 
the exceptions from subpart F (provided that the other 
requirements are satisfied), but income derived by the other 
QBU is not eligible for the exceptions.
    Coordination with other rules.--The bill provides that the 
exceptions under section 954(h) for income derived in the 
active conduct of a banking, financing, or similar business do 
not apply to income described in the dealer exception under 
section 954(c)(2)(C)(ii) (described below) for a dealer in 
securities which is an eligible CFC that satisfies the 
predominantly engaged requirement for a securities business.
    In addition, the Committee expects that the Treasury 
Department and the Internal Revenue Service will issue timely 
guidance to make currently effective conforming changes to 
existing regulations in order to reflect the exceptions under 
section 954(h), including conforming changes to the regulations 
under section 954(c)(3).

Exception for securities dealers

    The bill provides an additional exception from foreign 
personal holding company income for certain income derived by a 
securities dealer within the meaning of section 475 (the so-
called ``dealer exception''). The dealer exception applies to 
interest or dividends (or equivalent amounts described in sec. 
954(c)(1)(E) or (G)) from any transaction (including a hedging 
transaction or a transaction consisting of a deposit of 
collateral or margin described in sec. 956(c)(2)(J)) entered 
into in the ordinary course of the dealer's trade or business 
as such a securities dealer, but only if the income is 
attributable to activities of the dealer in the country in 
which the dealer is created or organized (or, in the case of a 
QBU of the dealer, is attributable to activities of the QBU in 
the country in which the QBU both maintains its principal 
office and conducts substantial business activity). For this 
purpose, income is considered to be attributable to activities 
of the dealer in its country of incorporation (or to a QBU in 
the country in which the QBU both maintains its principal 
office and conducts substantial business activity), if such 
income is attributable to activities performed in such country 
by employees of the dealer (or QBU), and such income is treated 
as earned in such country by the dealer (or QBU) for purposes 
of such country's tax laws. For this purpose, income is 
considered to be earned in the country in which the dealer is 
created or organized (or, in the case of a QBU, in the country 
in which the QBU both maintains its principal office and 
conducts substantial business activity), if such income is 
sourced and allocable to such dealer (or QBU) in such country 
for purposes of such country's tax laws. It is intended that 
the dealer exception not apply to income from transactions with 
persons located inthe United States with respect to U.S. 
securities. This reflects the Committee's understanding that the 
exception from current inclusion under subpart F for income earned by 
dealers in securities does not apply to activities that would otherwise 
be conducted in the United States. In addition, it is intended that the 
dealer exception will apply to interest paid by customers to the dealer 
on margin loans in connection with sales of securities (provided that 
the other requirements of the provision are satisfied).

Insurance income

            In general
    The bill provides a temporary exception to insurance income 
under section 953. For purposes of the exception to insurance 
income, reserves for an exempt insurance or annuity contract 
are determined in the same manner as under the temporary 
exception, described below, for foreign personal holding 
company income relating to certain insurance contracts (sec. 
954(i), as added by the bill). For purposes of these 
provisions, reserves are intended to include discounted unpaid 
losses or losses incurred, as appropriate, for property and 
casualty contracts.
            Operation of the exception
    The bill provides an exception from insurance income for 
income derived by a qualifying insurance company that is 
attributable to the issuing (or reinsuring) of an exempt 
contract by the qualifying insurance company or a qualifying 
insurance company branch of such a company, and that is treated 
as earned by the company or branch in that company's, or 
branch's, home country for purposes of that country's tax laws. 
The exception from insurance income does not apply to income 
attributable to the issuing (or reinsuring) of an exempt 
contract as the result of any arrangement whereby another 
corporation receives a substantially equal amount of premiums 
or other consideration in respect of issuing (or reinsuring a 
contract that is not an exempt contract). An exempt contract is 
an insurance or annuity contract issued or reinsured by a 
qualifying insurance company or qualified insurance company 
branch in connection with property in, liability arising out of 
activity in, or the lives or health of residents of, a country 
other than the United States.
    No contract is treated as an exempt contract unless the 
qualifying insurance company or branch derives more than 30 
percent of its net written premiums from exempt contracts 
(determined without regard to this sentence) covering 
applicable home country risks, and with respect to which no 
policyholder, insured, annuitant, or beneficiary is a related 
person (within the meaning of sec. 954(d)(3)). Applicable home 
country risks are risks in connection with property in, 
liability arising out of activity in, or the lives or health of 
residents of, the home country of the qualifying insurance 
company or branch, as the case may be. In all cases, the 30-
percent test is applied on a unit-by-unit basis. Accordingly, 
income derived by a qualifying insurance company branch of a 
CFC qualifies only if such branch alone satisfies the 30-
percent test (without regard to the net written premiums of any 
other branch). Income derived by the CFC qualifies only if the 
CFC alone satisfies the 30-percent test without regard to the 
net written premiums of any other unit or branch of the CFC.
    When determinations under the bill are made separately with 
respect to a qualifying insurance company and its qualifying 
insurance company branch or branches, then in the case of the 
qualifying insurance company, only income, gain, or loss and 
activities of the company not properly allocable or 
attributable to any qualifying insurance company branch are 
taken into account. In the case of a qualifying insurance 
company branch, only income, gain, or loss and activities of 
the branch that are properly allocable or attributable to it 
are taken into account. Under the bill, the Secretary is 
granted the authority to carry out the purposes of these 
exceptions. It is intended that such authority includes the 
authority to prescribe rules for properly allocating items and 
activities among branches or units of a CFC, and among the CFC 
and its branches or units.
    The home country of a CFC is the country in which the CFC 
is created or organized. The home country of a qualified 
business unit that is a qualifying insurance company branch of 
a qualifying insurance company means the country in which the 
principal office of such unit is located and in which such unit 
is licensed, authorized, or regulated by the applicable 
insurance regulatory body to sell insurance, reinsurance or 
annuity contracts to persons other than related persons (within 
the meaning of sec. 954(d)(3)) in that country.
            Qualifying insurance company
    A qualifying insurance company is a CFC that meets the 
following requirements, which are intended to distinguish firms 
that have a real business nexus with a foreign country or 
countries from firms that do not. The first requirement is that 
the CFC be subject to regulation as an insurance (or 
reinsurance) company by its home country, and that the CFC be 
licensed, authorized, or regulated by the applicable insurance 
regulatory body for its home country to sell insurance, 
reinsurance, or annuity contracts to persons other than related 
persons (within the meaning of section 954(d)(3)) in its home 
country.
    The second requirement is that the CFC derive more than 50 
percent of its aggregate net written premiums from the 
insurance or reinsurance by the CFC (on an aggregate basis, 
including qualifying insurance company branches) covering 
applicable home country risks (as described above) of the CFC 
or branch, as the case may be. For purposes of this rule, if a 
policyholder, insured, annuitant, or beneficiary is a related 
person, then the contract is treated as not covering home 
country risks. A related person has the meaning set forth in 
section 954(d)(3). In the case of a qualifying insurance 
company branch, premiums are taken into account under this 
second requirement only to the extent that the premiums are 
treated as earned by the branch in its home country for 
purposes of that country's tax laws.
    The 50-percent test applies on an aggregate basis. For 
example, assume that a German CFC has a branch in France and a 
branch in Italy. Assume that $50 of net written premiums are 
properly allocable to the Italian branch, $100 of net written 
premiums are properly allocable to the French branch, and $100 
of net written premiums are properly allocable to the CFC in 
Germany. For the Italian branch, assume $20 of the $50, or 40 
percent, is from home country risks. For the French branch, 
assume that $80 of the $100, or 80 percent, is from home 
country risks. For the CFC in Germany, assume that $60 of the 
$100, or 60 percent, is from homecountry risks. Taking into 
account the respective amounts and percentages, the CFC has 64 percent 
of its net written premiums from home country risks on an aggregate 
basis.
    The third requirement is that the CFC be engaged in the 
insurance business and that it would be subject to tax under 
subchapter L if it were a domestic corporation. A CFC is 
considered to be engaged in the insurance business, within the 
meaning of this bill, if it operates in a manner consistent 
with the operation of other bona fide commercial insurance 
companies that sell insurance products to unrelated parties in 
its home country, and conducts managerial activities in that 
country with respect to the major functions of the insurance 
business. A factor, among others, that could be considered in 
determining whether it conducts managerial activities in its 
home country with respect to the major functions of the 
insurance business may be whether in its home country it 
exercises key decision making in determining business strategy 
with respect to the major functions of the insurance business. 
For purposes of the requirement that the CFC be engaged in the 
insurance business, activities performed in the home country of 
the CFC by employees of the CFC and of a related person are 
taken into account, to the extent that the related person is 
compensated on an arm's-length basis for the services of such 
employees and such compensation is includible in the related 
person's income in such country for purposes of that country's 
tax laws. For this purpose, a related person has the meaning 
provided in section 954(d)(3), substituting ``at least 80 
percent'' for ``more than 50 percent.'' In determining whether 
a CFC is engaged in the insurance business, for example, an 
entity that is not engaged in regular and continuous 
transactions with persons that are not related persons (as 
described in the anti-abuse rules) is not considered as engaged 
in the insurance business.
            Qualifying insurance company branch
    A qualifying insurance company branch is a qualified 
business unit of a CFC that meets two requirements. A qualified 
business unit means any separate and clearly identified unit of 
a trade or business of a taxpayer which maintains separate 
books and records (within the meaning of sec. 989(a)). The 
first requirement is that the unit be licensed, authorized, or 
regulated by the applicable insurance regulatory body for its 
home country to sell insurance, reinsurance or annuity 
contracts to persons other than related persons (within the 
meaning of sec. 954(d)(3)) in that country. It is intended that 
the applicable insurance regulatory body be the regulatory body 
that has the authority to license, authorize, or regulate with 
respect to the insurance business in the country where the 
branch is located and a branch that is regulated by such a body 
be considered to be regulated in the country where the branch 
is located. The second requirement is that the CFC (of which 
the branch is a unit) be a qualifying insurance company, taking 
the unit into account for purposes of the applicable tests 
(above) as if it were a qualifying insurance company branch.
            Additional requirements in the case of cross border risks
    The bill imposes additional requirements with respect to 
any contract that covers cross border risks (that is, risks 
other than applicable home country risks), due to the increased 
concern about mobility of income in cross border business. A 
contract issued by a qualifying insurance company or qualifying 
insurance company branch that covers risks other than 
applicable home country risks is not treated as an exempt 
contract unless such company or branch, as the case may be, (1) 
conducts substantial activity in its home country with respect 
to the insurance business, and (2) performs in its home country 
substantially all of the activities necessary to give rise to 
the income generated by the contract.
    Whether a CFC or unit thereof is considered to perform in 
its home country substantial activities with respect to the 
insurance business is determined under all the facts and 
circumstances. It is intended that as part of this facts and 
circumstances analysis in determining whether the activities 
conducted by the CFC or unit are substantial, all relevant 
factors are taken into account, including the overall size of 
the CFC or unit, the amount of its revenues and expenses, the 
number of its employees, the ratio of its revenues per 
employee, the amount of property it owns, and the nature, size 
and relative significance of the applicable activities 
conducted by the CFC or unit. Under the bill, the Secretary is 
granted the authority to carry out the purposes of these 
exceptions. It is intended that such authority includes the 
authority to prescribe regulations relating to whether a CFC or 
unit is considered to conduct substantial activity.
    It also is intended that as part of this facts and 
circumstances analysis, a CFC or unit is required to conduct 
substantially all of the activities necessary for the 
generation of income with respect to the insurance business. 
Such activities of an insurance business generally depend on 
the line of business, and could include:
          Designing or tailoring insurance products to meet 
        market or customer requirements;
          Performing actuarial analysis with respect to 
        insurance products;
          Determining investment options for separate account-
        type products;
          Performing underwriting functions with respect to 
        insurance products;
          Performing analysis for purposes of risk assessment;
          Performing analysis for purposes of setting premium 
        rates;
          Performing analysis for purposes of calculating 
        reserves;
          Performing claims management and adjustment 
        functions;
          Developing marketing strategies, advertising and 
        other public image activities;
          Making (or arranging for) sales to customers;
          Maintaining reserves and surplus (other than excess 
        surplus);
          Making (or arranging for) investments; and
          Collecting from customers.
It further is intended that the performance of back-office 
functions (including accounting for income or loss, 
recordkeeping, and routine communicating with customers) not be 
taken into account in determining whether the substantial 
activity requirement is satisfied. It also is intended that the 
relevant activities of the business may be modified by Treasury 
regulation to take into account the actual operation of lines 
of insurance business and future changes in the operation of 
lines of insurance business.
    It further is intended that activities performed in the 
CFC's or unit's home country by employees of a related person 
(within the meaning of sec. 954(d)(3), substituting ``at least 
80 percent'' for ``more than 50 percent'') be taken into 
account, to the extent that the related person is compensated 
on an arm's-length basis for the services of such employees and 
such compensation is includible in the related person's income 
in that country for purposes of such country's tax laws. It 
also is intended that the activities of such a related person 
are not again taken into account in determining whether another 
CFC or unit (e.g., the related person) satisfies the 
substantial activity requirement.
    In addition, with respect to a contract issued by a 
qualifying insurance company or qualifying insurance company 
branch that covers risks other than applicable home country 
risks, the qualifying insurance company or qualifying insurance 
company branch is required to perform in its home country 
substantially all of the activities necessary to give rise to 
the income generated by the contract.

Foreign personal holding company income with respect to insurance

    The bill provides a temporary exception from foreign 
personal holding company income for certain investment income 
derived by a qualifying insurance company and by certain 
qualifying insurance company branches.
    The exception applies to income (received from a person 
other than a related person) from investments made by a 
qualifying insurance company or qualifying insurance company 
branch of its reserves allocable to exempt contracts or 80 
percent of its unearned premiums from exempt contracts. For 
this purpose, an exempt contract has the meaning provided under 
the bill.
    In the case of exempt contracts that are property, 
casualty, or health insurance contracts, unearned premiums and 
reserves mean unearned premiums and reserves for losses 
incurred determined using the methods and interest rates that 
would be used if the qualifying insurance company or qualifying 
insurance company branch were subject to tax under subchapter L 
of the Code, with certain modifications. For this purpose, 
unearned premiums and losses incurred are determined in 
accordance with section 832(b) and 846 of the Code (as well as 
any other rules applicable to a U.S. property and casualty 
insurance company with respect to such amounts). However, in 
applying these rules, there is substituted for the applicable 
Federal interest rate the interest rate determined for the 
functional currency of the company or branch and which (except 
as provided by the Treasury Secretary) is calculated in the 
same manner as the Federal mid-term rate under section 1274(d). 
In addition, there is substituted for the loss payment pattern 
under section 846 the appropriate foreign loss payment pattern 
determined by the Treasury Secretary for the line of business. 
In the case of health insurance contracts, it is intended that 
appropriate foreign mortality and morbidity tables be used for 
this purpose. In the case of disability contracts (other than 
credit disability) which are subject to section 846(f)(6)(A), 
it is intended that mortality and morbidity tables reasonably 
reflect appropriate experience and foreign mortality and 
morbidity factors.
    In the case of an exempt contract that is a life insurance 
or annuity contract, reserves for such contracts are determined 
as follows. The reserves equal the greater of: (1) the net 
surrender value of the contract (as defined in section 
807(e)(1)(A)), including in the case of pension plan contracts; 
or (2) the amount determined by applying the tax reserve method 
that would apply if the qualifying insurance company were 
subject to tax under Subchapter L of the Code, with the 
following modifications. First, there is substituted for the 
applicable Federal interest rate an interest rate determined 
for the functional currency of the qualifying insurance 
company's home country, calculated (except as provided by the 
Treasury Secretary in order to address insufficient data and 
similar problems) in the same manner as the mid-term applicable 
Federal interest rate (``AFR'') (within the meaning of section 
1274(d)). Second, there is substituted for the prevailing State 
assumed rate the highest assumed interest rate permitted to be 
used for purposes of determining statement reserves in the 
foreign country for the contract. Third, in lieu of U.S. 
mortality and morbidity tables, there is applied mortality and 
morbidity tables that reasonably reflect the current mortality 
and morbidity risks in the foreign country. Fourth, the 
Treasury Secretary may provide that the interest rate and 
mortality and morbidity tables of a qualifying insurance 
company may be used for one or more of its branches when 
appropriate.
    In no event may the reserve for any contract at any time 
exceed the foreign statement reserve for the contract, reduced 
by any catastrophe, equalization, or deficiency reserve or any 
similar reserve. In the case of a contract that is a property, 
casualty, or health insurance contract, it is intended that 
this limitation applies with respect to unpaid losses by line 
of business (similar to sec. 846(a)(3)). These rules apply 
whether the contract is regulated as a property, casualty, 
health, life insurance, annuity, or any other type of contract.
    The bill also provides an exception from foreign personal 
holding company income for income from investment of assets 
equal to (1) one-third of premiums earned during the taxable 
year on exempt contracts regulated in the country in which sold 
as property, casualty, or health insurance contracts, and (2) 
10 percent of reserves (determined for purposes of the bill) 
for contracts regulated in the country in which sold as life 
insurance or annuity contracts. In no event does the exception 
from foreign personal holding company income apply to 
investment income with respect to excess surplus.
    To prevent the shifting of relatively high-yielding assets 
to generate investment income that qualifies under this 
temporary exception, the bill provides that, except as provided 
by the Treasury Secretary, income is allocated to contracts as 
follows. In the case of a separate account-type contract 
(including a variable contract not meeting the requirements of 
section 817), theincome credited under the contract is 
allocable only to that contract. Income not so allocated generally is 
allocated ratably among all contracts that are not separate account-
type contracts, subject to the anti-abuse rules (described below).

Other definitions and anti-abuse rules relating to insurance

    The bill provides that the present-law statutory definition 
of a life insurance contract (under secs. 7702 or 101(f)), as 
well as the distribution on death requirement of section 72(s) 
and the diversification requirement of section 817(h), do not 
apply for purposes of determining reserves for a life insurance 
or annuity contract under sections 953 and 954 of the Code, 
provided that neither the policyholders, the insureds or 
annuitants, nor the beneficiaries with respect to the contract 
are U.S. persons.
    The bill provides a rule coordinating the exception to 
insurance income with the present-law special rule for certain 
captive insurance companies (sec. 953(c)). Under the 
coordination rule, the scope of the present-law rule that 
related party insurance income is treated as subpart F income 
is retained. The exception under the bill from the definition 
of insurance income does not include income derived from exempt 
contracts that cover risks other than applicable home country 
risks, for purposes of the rules of section 953(c).
    The anti-abuse rules applicable under the subpart F 
exceptions provided in section 954(h) (other than sec. 
954(h)(7)(B)) (as added by the bill) apply to these exceptions 
for insurance. In addition, the bill provides anti-abuse rules 
applicable under the exceptions from subpart F income relating 
to insurance.
    The bill provides that there shall be disregarded any item 
of income, gain, loss, or deduction of, or derived from, an 
entity which is not engaged in regular and continuous 
transactions with persons that are not related persons. This 
rule is intended, for example, to address the use of fronting 
companies or similar entities (that are not engaged in regular 
and continuous transactions with persons that are not related 
persons) to reinsure risks in a manner to cause a CFC or branch 
to qualify as a qualifying insurance company or qualifying 
insurance company branch by meeting percentage requirements 
with respect to home country risks that it would not otherwise 
meet.
    The bill provides that there shall be disregarded any 
change in the method of computing reserves or any other 
transaction or transactions one of the principal purposes of 
which is the acceleration or deferral of any item in order to 
claim the benefits of these exceptions.
    The bill also provides that a contract is not treated as an 
exempt contract (as described above), if any policyholder, 
insured or annuitant, or beneficiary is a resident of the 
United States, the contract was marketed to the U.S. resident, 
and was written to cover a risk outside the United States.
    The bill also provides that a contract is not treated as an 
exempt contract, if the contract covers risks located both 
within and outside the United States, and the qualifying 
insurance company or branch does not maintain such records, and 
file such reports, with respect to the contract as the Treasury 
Secretary requires. It is intended that documentation that is 
contemporaneous with the issuance of the contract be maintained 
by the qualifying insurance company or branch.
    The bill also provides that the Treasury Secretary may 
prescribe rules for the allocation of contracts (and income 
from contracts) among two or more qualifying insurance company 
branches of a qualifying insurance company in order to clearly 
reflect the income of such branches.
    The bill also provides that premiums from a contract are 
treated as not covering home country risks (and are treated as 
covering risks other than home country risks) for purposes of 
the tests for 30 percent and 50 percent, respectively, of net 
written premiums if the contract reinsures a contract issued or 
reinsured by a related person (within the meaning of sec. 
954(d)(3)).
    The bill also provides that the Treasury Secretary may 
prescribe regulations as may be necessary or appropriate to 
carry out the purposes of the exceptions from insurance income 
and foreign personal holding company income provided under 
sections 953(e) and 954(i) (as added by the bill).

Other anti-abuse rules

    The bill generally includes the anti-abuse rules of the 
present-law provision, with certain further refinements. Under 
the bill, the anti-abuse rules provide that items with respect 
to a transaction or series of transactions are disregarded if 
one of the principal purposes of the transaction or 
transactions is to qualify income or gain for these exceptions, 
including any transaction or a series of transactions a 
principal purpose of which is the acceleration or deferral of 
any item in order to claim the benefits of these exceptions. In 
addition, the anti-abuse rules provide that items of an entity 
which is not engaged in regular and continuous transactions 
with customers which are not related persons are disregarded. 
Moreover, items with respect to a transaction or series of 
transactions are disregarded if one of the principal purposes 
of the transaction or transactions is to qualify income or gain 
for these exceptions, including utilizing or doing business 
with: (1) one or more entities in order to satisfy any home 
country requirement, or (2) a special purpose entity or 
arrangement, including a securitization or financing 
arrangement or any similar entity or arrangement. Finally, the 
anti-abuse rules provide that a related person, officer, 
director, or employee with respect to any CFC (or QBU) which 
otherwise would be treated as a customer of such corporation or 
unit with respect to any transaction is not treated as a 
customer, if a principal purpose of such transaction is to 
satisfy any requirement for these exceptions.

Sale of assets of an active financing business

    The bill includes a modification to address the treatment 
of sales of assets of an active financing business. In general, 
foreign personal holding company income includes net gains from 
the sale or exchange of property that gives rise to dividends, 
interest, royalties, rents, orannuities. The bill provides an 
exception from this rule for income that qualifies for the exception 
from subpart F for income derived in the active conduct of a banking, 
financing, or similar business. Under the bill, foreign personal 
holding company income does not include net gains from the sale or 
exchange of property that gives rise to dividends, interest, royalties, 
rents, or annuities if such property gives rise to income not treated 
as foreign personal holding company income for the taxable year by 
reason of the exceptions under section 954(h) or (i) (as added by the 
bill) for income derived in the active conduct of a banking, financing, 
or similar business or in the conduct of an insurance business. It is 
intended that this exception applies only to the extent that, prior to 
its disposition, the property was held to generate or generated income 
which qualifies for the exceptions under section 954(h) or (i) (and 
such property was not so held for a principal purpose of taking 
advantage of such exception).

Exceptions from foreign base company services income

    The present-law provision includes a corresponding 
exception from foreign base company services income for income 
derived by a CFC from the performance of services that are 
directly related to a transaction entered into by the CFC that 
gives rise to income that is eligible for these exceptions from 
subpart F. Under the bill, foreign base company services income 
does not include income that is not treated as foreign personal 
holding company income by reason of the exceptions under 
section 954(h) or 954(i) or the securities dealer exception 
under section 954(c)(2)(C)(ii), or treated as exempt insurance 
income by reason of section 953(e) (as added by the bill).

Other matters

    Nothing in this provision is intended to alter the Treasury 
Department's agreement, as reflected in Notice 98-35, not to 
finalize regulations regarding so-called hybrid entities prior 
to January 1, 2000, in order to allow Congress the opportunity 
to fully consider the tax policy issues involved.

                             Effective Date

    The provision applies only to taxable years of foreign 
corporations beginning in 1999, and to taxable years of U.S. 
shareholders with or within which such taxable years of foreign 
corporations end.

   F. Disclosure of Return Information to Department of Education in 
Connection with Income Contingent Loans (Sec. 106 of the Bill and Sec. 
                        6103(l)(13) of the Code)

                              Present Law

    Under section 6103(l)(13) of the Code, the Secretary of 
Treasury was authorized to disclose to the Department of 
Education certain return information with respect to any 
taxpayer who has received an ``applicable student loan.'' An 
``applicable student loan'' is any loan made under (1) part D 
of title IV of the Higher Education Act of 1965 or (2) parts B 
or E of title IV of the Higher Education Act of 1965 which is 
in default and has been assigned to the Department of 
Education, if the loan repayment amounts are based in whole or 
in part on the taxpayer's income. The Secretary is permitted to 
disclose only taxpayer identity information and the adjusted 
gross income of the taxpayer. The Department of Education may 
use the information only to establish the appropriate income 
contingent repayment amount for an applicable student loan.
    The disclosure authority under section 6103(l)(13) 
terminated with respect to requests made after September 30, 
1998.

                           Reasons for Change

    The Committee believes it is appropriate to extend the 
disclosure authority with respect to applicable student loans 
during the period in which the applicable loan programs are 
extended.

                        Explanation of Provision

    The provision reinstates the disclosure authority under 
section 6103(l)(13) with respect to requests made after the 
date of enactment and before October 1, 2003.

                             Effective Date

    The disclosure authority under section 6103(l)(13) applies 
to requests made after the date of enactment and before October 
1, 2003.

             Subtitle B--Generalized System of Preferences

A. Extension of the Generalized System of Preferences (Sec. 111 of the 
              Bill and Sec. 505 of the Trade Act of 1974)

                              Present Law

    Title V of the Trade Act of 1974, as amended, grants 
authority to the President to provide duty-free treatment on 
imports of certain articles from beneficiary developing 
countries subject to certain conditions and limitations. To 
qualify for GSP privileges, each beneficiary country is subject 
to various mandatory and discretionary eligiblity criteria. 
Import sensitive products are ineligible for GSP. The GSP 
program, which is designed to promote development through trade 
rather than traditional aid programs, expired after June 30, 
1998.

                           Reasons for Change

    The Committee believes it is appropriate to extend the GSP 
program.

                        Explanation of Provision

    The bill reauthorizes the GSP program to terminate after 
December 31, 1999. Refunds would be authorized, upon request of 
the importer, for duties paid between July 1, 1998, and the 
date of enactment of the bill.

                             Effective Date

    The provision is effective for duties paid on or after July 
1, 1998, and before January 1, 2000.

                          II. OTHER PROVISIONS

  A. Comprehensive Study of Recovery Periods and Depreciation Methods 
                Under Section 168 (Sec. 201 of the Bill)

                              Present Law

    A taxpayer is allowed to deduct a reasonable allowance for 
the exhaustion, wear and tear, and obsolescence of property 
that is used in a trade or business or is held for the 
production of income. For most tangible personal and real 
property placed in service after 1986, the amount of the 
deductible allowance is determined under section 168 using the 
applicable recovery period, the applicable depreciation method, 
and the applicable convention specified in section 168.
    For some types of assets, the applicable recovery period of 
an asset is provided in section 168. In other cases, the 
recovery period of an asset is determined by reference to its 
class life. The class life of an asset may be provided by 
section 168, or may be determined with regard to the list of 
class lives provided by the Treasury that was in effect on 
January 1, 1986. The Treasury Department is required to monitor 
and analyze actual experience with respect to all depreciable 
assets.
    The applicable depreciation method determines the rate at 
which the cost of the property is recovered. In general, the 
applicable depreciation method specified in section 168 varies 
with the recovery period of the property. For property with a 
recovery period of 10 years or less, the applicable method is 
the 200 percent declining balance method, switching to 
straight-line in the first year in which that method yields a 
larger allowance. The 150 percent declining balance, (switching 
to straight-line) is the applicable method for property with a 
recovery period of 15 or 20 years, as well as for all property 
used in the trade or business of farming. The straight-line 
method must be used for property with a longer recovery period, 
as well as for certain specified types of property.
    The applicable convention determines the point of time 
during the year that the property is considered placed in 
service. Applicable conventions specified in section 168 
include the mid- year, the mid-quarter and the mid-month 
conventions.

                           Reasons for Change

    The Committee is concerned that, in some cases, the present 
law depreciation rules may measure income improperly, may 
create competitive disadvantages, and may result in an 
inefficient allocation of investment capital. The Committee 
also believes that the manner in which recovery periods and 
methods are determined should be examined to determine if they 
could be improved.

                        Explanation of Provision

    The Secretary of the Treasury (or his delegate) is directed 
to conduct a comprehensive study of the recovery periods and 
depreciation methods under section 168 of the Code, and to 
provide recommendations for determining such periods and 
methods in a more rational manner.

                             Effective Date

    The Secretary of the Treasury (or his delegate) is directed 
to submit the results of the study and recommendations to the 
House Ways and Means and Senate Finance Committees by March 31, 
2000.

B. Farm Production Flexibility Contract Payments (Sec. 202 of the Bill)

                              Present law

    A taxpayer generally is required to include an item in 
income no later than the time of its actual or constructive 
receipt, unless such amount properly is accounted for in a 
different period under the taxpayer's method of accounting. If 
a taxpayer has an unrestricted right to demand the payment of 
an amount, the taxpayer is in constructive receipt of that 
amount whether or not the taxpayer makes the demand and 
actually receives the payment.
    The Federal Agriculture Improvement and Reform Act of 1996 
(the ``FAIR Act'') provides for production flexibility 
contracts between certain eligible owners and producers and the 
Secretary of Agriculture. These contracts generally cover crop 
years from 1996 through 2002. Annual payments are made under 
such contracts at specific times during the Federal 
government's fiscal year. Section 112(d)(2) of the FAIR Act 
provides that one-half of each annual payment is to be made on 
either December 15 or January 15 of the fiscal year, at the 
option of the recipient.\8\ This option to receive the payment 
on December 15 potentially results in the constructive receipt 
(and thus potential inclusion in income) of one-half of the 
annual payment at that time, even if the option to receive the 
amount on January 15 is elected.
---------------------------------------------------------------------------
    \8\ This rule applies to fiscal years after 1996. For fiscal year 
1996, this payment was to be made not later than 30 days after the 
production flexibility contract was entered into.
---------------------------------------------------------------------------
    The remaining one-half of the annual payment must be made 
no later than September 30 of the fiscal year. The Emergency 
Farm Financial Relief Act of 1998 added section 112(d)(3) to 
the FAIR Act which provides that all payments for fiscal year 
1999 are to be paid at such time or times during fiscal year 
1999 as the recipient may specify. Thus, the one-half of the 
annual amount that would otherwise be required to be paid no 
later than September 30, 1999 can be specified for payment in 
calendar year 1998. This potentially results in the 
constructive receipt (and thus required inclusion in taxable 
income) of such amounts in calendar year 1998, whether or not 
the amounts actually are received or the right to their receipt 
is fixed.

                           Reasons for Change

    The Committee believes that efficient tax administration 
will be furthered by not taking into account those options that 
control the timing of a production flexibility contract payment 
in determining taxable income.

                        Explanation of Provision

    The time a production flexibility contract payment under 
the FAIR Act properly is includible in income would be 
determined without regard to the options granted by section 
112(d)(2) (allowing receipt of one-half of the annual payment 
on either December 15 or January 15 of the fiscal year) or 
section 112(d)(3) (allowing the acceleration of all payments 
for fiscal year 1999) of that Act.

                             Effective Date

    The provision is effective for production flexibility 
contract payments made under the FAIR Act in taxable years 
ending after December 31, 1995.

 C. Increase Deduction for Health Insurance Expenses of Self-Employed 
     Individuals (Sec. 203 of the Bill and Sec. 162(l) of the Code)

                              Present Law

    Under present law, self-employed individuals are entitled 
to deduct a portion of the amount paid for health insurance, 
including (within certain limits) long-term care insurance, for 
the self- employed individual and the individual's spouse and 
dependents. The deduction for health insurance expenses of 
self-employed individuals is not available for any month in 
which the taxpayer is eligible to participate in a subsidized 
health plan maintained by the employer of the taxpayer or the 
taxpayer's spouse.\9\ The deduction is available in the case of 
self insurance as well as commercial insurance. The self-
insured plan must in fact be insurance (e.g., there must be 
appropriate risk shifting) and not merely a reimbursement 
arrangement.
---------------------------------------------------------------------------
    \9\ This rule is applied separately to long-term care insurance and 
other health insurance.
---------------------------------------------------------------------------
    The portion of health insurance expenses of self-employed 
individuals that is deductible is 45 percent for taxable years 
beginning in 1998 and 1999, 50 percent for taxable years 
beginning in 2000 and 2001, 60 percent for taxable years 
beginning in 2002, 80 percent for taxable years beginning in 
2003, 2004, and 2005, 90 percent for taxable years beginning in 
2006, and 100 percent for taxable years beginning in 2007 and 
thereafter.
    Under present law, employees can exclude from income 100 
percent of employer-provided health insurance.

                           Reasons for Change

    The Committee believes it appropriate to increase the 
deduction for health insurance expenses of self-employed 
individuals in order to reduce the disparity of treatment 
between such expenses and employer-provided health insurance 
and to help make health insurance more affordable for self-
employed individuals.

                        Explanation of Provision

    The provision increases the deduction for health insurance 
of self-employed individuals to 75 percent for taxable years 
beginning in 2002 and to 100 percent for taxable years 
beginning in 2003 and thereafter.

                             Effective Date

    The provision is effective for taxable years beginning 
after December 31, 2002.

 D. Increase State Volume Limits on Private Activity Tax-Exempt Bonds 
            (Sec. 204 of the Bill and Sec. 146 of the Code)

                              Present Law

    Interest on bonds issued by States and local governments is 
excluded from income if the proceeds of the bonds are used to 
finance activities conducted and paid for by the governmental 
units (Code sec. 103). Interest on bonds issued by these 
governmental units to finance activities carried out and paid 
for by private persons (``private activity bonds'') is taxable 
unless the activities are specified in the Internal Revenue 
Code. Private activity bonds on which interest may be tax-
exempt include bonds for privately operated transportation 
facilities (e.g., airports, docks and wharves, mass transit, 
and high speed rail facilities), privately owned and/or 
provided municipal services (e.g., water, sewer, solid waste 
disposal, and certain electric and heating facilities), 
economic development (e.g., small manufacturing facilities and 
redevelopment in economically depressed areas), and certain 
social programs (e.g., low-income rental housing, qualified 
mortgage bonds, student loan bonds, and exempt activities of 
charitable organizations described in Code sec. 501(c)(3)).
    The volume of tax-exempt private activity bonds that States 
and local governments may issue for most of these purposes in 
each calendar year is limited by State-wide volume limits. The 
current annual volume limit for any State is $50 per resident 
of the State or $150 million if greater. The volume limits do 
not apply to private activity bonds to finance airports, docks 
and wharves, certain governmentally owned, but privately 
operated solid waste disposal facilities, certain high speed 
rail facilities, and to certain types of private activity tax-
exempt bonds that are subject to other limits on their volume 
(qualified veterans' mortgage bonds and certain ``new'' 
empowerment zone and enterprise community bonds).

                           Reason for Change

    The Committee determined that a phased adjustment to the 
annual State private activity bond volume limits to levels 
comparable to the dollar limits that first applied after 
enactment of the Tax Reform Act of 1986 is appropriate. Such an 
adjustment will assist States in meeting long-range 
infrastructure needs and encouraging economic development and 
will facilitate continuation of future privatization efforts 
regarding municipal services such as solid waste disposal, 
water, and sewer services without reversing the general policy 
of limiting the use of this Federal subsidy for conduit 
borrowing in transactions that distort market choice and 
efficiency.

                        Explanation of Provision

    The bill increases the present-law annual State private 
activity bond volume limits to $75 per resident of each State 
or $225 million (if greater) beginning in calendar year 2007. 
The increase is phased-in as follows, beginning in calendar 
year 2003:

2003....................................  $55 per resident ($165 million
                                           if greater).
2004....................................  $60 per resident ($180 million
                                           if greater).
2005....................................  $65 per resident ($195 million
                                           if greater).
2006....................................  $70 per resident ($210 million
                                           if greater).

                             Effective Date

    The provision is effective beginning in calendar year 2003.

 E. Modification of Individual Estimated Tax Safe Harbors (Sec. 205 of 
                  the Bill and Sec. 6654 of the Code)

                              Present Law

    Under present law, an individual taxpayer generally is 
subject to an addition to tax for any underpayment of estimated 
tax. An individual generally does not have an underpayment of 
estimated tax if he or she makes timely estimated tax payments 
at least equal to: (1) 100 percent of the tax shown on the 
return of the individual for the preceding year (the ``100 
percent of last year's liability safe harbor'') or (2) 90 
percent of the tax shown on the return for the current year. 
The 100 percent of last year's liability safe harbor is 
generally modified to be a 110 percent of last year's liability 
safe harbor for any individual with an AGI of more than 
$150,000 as shown on the return for the preceding taxable year, 
except that it is 105 percent of last year's liability for 
taxable years beginning in 1999, 2000, and 2001, and 112 
percent of last year's liability for taxable years beginning in 
2002. If a married individual files a separate return for the 
year for which an estimated tax installment payment was due, 
the $150,000 amount becomes $75,000.

                           Reasons for Change

    The Committee believes that it is appropriate to adjust the 
individual estimated tax payment safe harbors.

                        Explanation of Provision

    For taxable years beginning in 2000 and 2001, the 105 
percent of last year's liability safe harbor for any individual 
with an AGI of more than $150,000 as shown on the return for 
the preceding taxable year, is modified to be a 106 percent of 
last year's liability safe harbor.

                             Effective Date

    The provision is effective for taxable years beginning in 
2000 and 2001.

  F. State Election to Exempt Student Employees From Social Security 
                         (Sec. 206 of the Bill)

                              Present Law

    The Social Security Amendments of 1972 provided an 
opportunity for States to obtain exemptions from Social 
Security coverage for student employees of public schools, 
colleges, and universities. States choosing to opt out had to 
do so prior to January 1, 1974. Most States did. Student 
employees in these States do not have to pay FICA taxes on 
their wages, allowing them to keep more of their earnings.

                           Reasons for Change

    Three States chose not to seek an exemption from Social 
Security coverage. This provision would provide the opportunity 
for all student employees to be treated equally under Social 
Security law and would assist student employees who are working 
to advance their education.

                        Explanation of Provision

    The proposal would allow a limited window of time (January 
1 through March 31, 1999) for States to modify existing State 
agreements to exempt from Social Security coverage students 
(including graduate assistants) who are employed by a public 
school, university, or college in a nonexempted State.

                             Effective Date

    The provision permitting States to modify existing 
agreement is effective with respect to earnings after June 30, 
1999.

                  TITLE III. REVENUE OFFSET PROVISIONS

    A. Treatment of Certain Deductible Liquidating Distributions of 
Regulated Investment Companies and Real Estate Investment Trusts (Sec. 
           301 of the Bill and Secs. 332 and 334 of the Code)

                              Present Law

    Regulated investment companies (``RICs'') and real estate 
investment trusts (``REITs'') are allowed a deduction for 
dividends paid to their shareholders. The deduction for 
dividends paid includes amounts distributed in liquidation 
which are properly chargeable to earnings and profits, as well 
as, in the case of a complete liquidation occurring within 24 
months after the adoption of a plan of complete liquidation, 
any distribution made pursuant to such plan to the extent of 
earnings and profits. Rules that govern the receipt of 
dividends from RICs and REITs generally provide for including 
the amount of the dividend in the income of the shareholder 
receiving the dividend that was deducted by the RIC or REIT. 
Generally, any shareholder realizing gain from a liquidating 
distribution of a RIC or REIT includes the amount of gain in 
the shareholder's income. However, in the case of a liquidating 
distribution to a corporation owning 80-percent of the stock of 
the distributing corporation, a separate rule generally 
provides that the distribution is tax-free to the parent 
corporation. The parent corporation succeeds to the tax 
attributes, including the adjusted basis of assets, of the 
distributing corporation. Under these rules, a liquidating RIC 
or REIT might be allowed a deduction for amounts paid to its 
parent corporation, without a corresponding inclusion in the 
income of the parent corporation, resulting in income being 
subject to no tax.
    A RIC or REIT may designate a portion of a dividend as a 
capital gain dividend to the extent the RIC or REIT itself has 
a net capital gain, and a RIC may designate a portion of the 
dividend paid to a corporate shareholder as eligible for the 
70-percent dividends-received deduction to the extent the RIC 
itself received dividends from other corporations. If certain 
conditions are satisfied, a RIC also is permitted to pass 
through to its shareholders the tax-exempt character of the 
RIC's net income from tax-exempt obligations through the 
payment of ``exempt interest dividends,'' though no deduction 
is allowed for such dividends.

                           Reasons for Change

    RICs and REITs are important investment vehicles, 
particularly for small investors. The RIC and REIT rules are 
designed to encourage investors to pool their resources and 
achieve the type of investment opportunities, subject to a 
single level of tax, that otherwise would be available only to 
a larger investor. Nonetheless, the Committee understands that 
some corporations have attempted to use the ``dividends paid 
deduction'' for a RIC or REIT in combination with the separate 
rule that allows a corporate parent to receive property from an 
80 percent subsidiary without tax when the subsidiary is 
liquidating, and have argued that the combination of these two 
rules permits income deducted by the RIC or REIT and paid to 
the parent corporation to be entirely tax free during the 
period of liquidation of the RIC or REIT. The Committee 
believes that income of a RIC or REIT which is not taxable to 
the RIC or REIT because of the dividends paid deduction also 
should not be excluded from the income of the RIC's or REIT's 
shareholders as a liquidating distribution to a parent 
shareholder. This legislation will not affect the intended 
beneficiaries of the RIC and REIT rules.

                        Explanation of Provision

    Any amount which a liquidating RIC or REIT may take as a 
deduction for dividends paid with respect to an otherwise tax-
free liquidating distribution to an 80-percent corporate owner 
is includible in the income of the recipient corporation. The 
includible amount is treated as a dividend received from the 
RIC or REIT. The liquidating corporation may designate the 
amount distributed as a capital gain dividend or, in the case 
of a RIC, a dividend eligible for the 70-percent dividends 
received deduction or an exempt interest dividend, to the 
extent provided by the RIC or REIT provisions of the Code.
    The provision does not otherwise change the tax treatment 
of the distribution to the parent corporation or to the RIC or 
REIT. Thus, for example, the liquidating corporation will not 
recognize gain (if any) on the liquidating distribution and the 
recipient corporation will hold the assets at a carryover 
basis, even where the amount received is treated as a dividend.

                             Effective Date

    The provision is effective for distributions on or after 
May 22, 1998, regardless of when the plan of liquidation was 
adopted.
    No inference is intended regarding the treatment of such 
transactions under present law.

   B. Add Vaccines Against Rotavirus Gastroenteritis to the List of 
   Taxable Vaccines (Sec. 302 of the Bill and Sec. 4132 of the Code)

                              Present Law

    A manufacturer's excise tax is imposed at the rate of 75 
cents per dose (sec. 4131) on the following vaccines routinely 
recommended for administration to children (sec. 4132): 
diphtheria, pertussis, tetanus, measles, mumps, rubella, polio, 
HIB (haemophilus influenza type B), hepatitis B, and varicella 
(chicken pox). The tax applied to any vaccine that is a 
combination of vaccine components equals 75 cents times the 
number of components in the combined vaccine.
    Amounts equal to net revenues from this excise tax are 
deposited in the Vaccine Injury Compensation Trust Fund to 
finance compensation awards under the Federal Vaccine Injury 
Compensation Program for individuals who suffer certain 
injuries following administration of the taxable vaccines. This 
program provides a substitute Federal, ``no fault'' insurance 
system for the State-law tort and private liability insurance 
systems otherwise applicable to vaccine manufacturers. All 
persons immunized after September 30, 1988, with covered 
vaccines must pursue compensation under this Federal program 
before bringing civil tort actions under State law.

                           Reasons for Change

    Rotavirus gastroenteritis is a highly contagious disease 
among young children that can lead to life-threatening 
diarrhea, cramps, vomiting, and can result in death. In the 
United States, more than 50,000 children are hospitalized and 
more than 100 die annually from rotavirus gastroenteritis. The 
Food and Drug Administration's (``FDA'') has approved a vaccine 
against the disease and the Centers for Disease Control have 
voted to recommend the vaccine for inoculation of children. The 
Committee believes American children will benefit from wide use 
of this new vaccine. The Committee believes that, by including 
the new vaccine with those presently covered by the Vaccine 
Injury Compensation Trust Fund, greater application of the 
vaccine will be promoted. The Committee, therefore, believes it 
is appropriate to add the vaccine against rotavirus 
gastroenteritis to the list of taxable vaccines.

                        Explanation of Provision

    The bill adds any vaccine against rotavirus gastroenteritis 
to the list of taxable vaccines.

                             Effective Date

    The provision is effective for vaccines sold by a 
manufacturer or importer after the date of enactment. No floor 
stocks tax is imposed for amounts held for sale on that date. 
For sales on or before the date of enactment for which delivery 
is made after the date of enactment, the delivery date is 
deemed to be the sale date.

 C. Clarify and Expand Mathematical Error Procedures (Sec. 303 of the 
                 Bill and Sec. 6213(g)(2) of the Code)

                              Present Law

Taxpayer identification numbers (``TINs'')

    The IRS may deny a personal exemption for a taxpayer, the 
taxpayer's spouse or the taxpayer's dependents if the taxpayer 
fails to provide a correct TIN for each person for whom the 
taxpayer claims an exemption. This TIN requirement also 
indirectly effects other tax benefits currently conditioned on 
a taxpayer being able to claim a personal exemption for a 
dependent (e.g., head-of-household filing status and the 
dependent care credit). Other tax benefits, including the 
adoption credit, the child tax credit, the Hope Scholarship 
credit and Lifetime Learning credit, and the earned income 
credit also have TIN requirements. For most individuals, their 
TIN is their Social Security Number (``SSN''). The mathematical 
and clerical error procedure currently applies to the omission 
of a correct TIN for purposes of personal exemptions and all of 
the credits listed above except for the adoption credit.

Mathematical or clerical errors

    The IRS may summarily assess additional tax due as a result 
of a mathematical or clerical error without sending the 
taxpayer a notice of deficiency and giving the taxpayer an 
opportunity to petition the Tax Court. Where the IRS uses the 
summary assessment procedure for mathematical or clerical 
errors, the taxpayer must be given an explanation of the 
asserted error and a period of 60 days to request that the IRS 
abate its assessment. The IRS may not proceed to collect the 
amount of the assessment until the taxpayer has agreed to it or 
has allowed the 60-day period for objecting to expire. If the 
taxpayer files a request for abatement of the assessment 
specified in the notice, the IRS must abate the assessment. Any 
reassessment of the abated amount is subject to the ordinary 
deficiency procedures. The request for abatement of the 
assessment is the only procedure a taxpayer may use prior to 
paying the assessed amount in order to contest an assessment 
arising out of a mathematical or clerical error. Once the 
assessment is satisfied, however, the taxpayer may file a claim 
for refund if he or she believes the assessment was made in 
error.

                           Reasons for Change

    The Committee believes that it is appropriate to provide 
additional guidance to the Internal Revenue Service with 
respect to the application of the TIN requirement. It will also 
improve compliance to allow the IRS to use date of birth data, 
from the Social Security Administration, to determine 
ineligibility for the dependent care credit, the child tax 
credit and the earned income credit. Once this determination is 
made, the Committee believes that the IRS should use the 
mathematical and clerical error procedure to correctly assess 
the tax due with respect to affected tax returns.

                        Explanation of Provision

    The bill provides in the application of the mathematical 
and clerical error procedure that a correct TIN is a TIN that 
was assigned by the Social Security Administration (or in 
certain limited cases, the IRS) to the individual identified on 
the return. For this purpose, the IRS is authorized to 
determine that the individual identified on the tax return 
corresponds in every aspect (including, name, age, date of 
birth, and SSN) to the individual to whom the TIN is issued. 
The IRS also is authorized to use the mathematical and clerical 
error procedure to deny eligibility for the dependent care tax 
credit, the child tax credit, and the earned income credit even 
though a correct TIN has been supplied if the IRS determines 
that the statutory age restrictions for eligibility for any of 
the respective credits is not satisfied (e.g., the TIN issued 
for the child claimed as the basis of the child tax credit 
identifies the child as over the age of 17 at the end of the 
taxable year).

                             Effective Date

    The provision is effective for taxable years ending after 
the date of enactment.

 D. Restrict 10-Year Net Operating Loss Carryback Rules for Specified 
  Liability Losses (Sec. 304 of the Bill and Sec. 172(f) of the Code)

                              Present Law

    Under present law, that portion of a net operating loss 
that qualifies as a ``specified liability loss'' may be carried 
back 10 years rather than being limited to the general two-year 
carryback period. A specified liability loss includes amounts 
allowable as a deduction with respect to product liability, and 
also certain liabilities that arise under Federal or State law 
or out of any tort of the taxpayer. In the case of a liability 
arising out of a Federal or State law, the act (or failure to 
act) giving rise to the liability must occur at least 3 years 
before the beginning of the taxable year. In the case of a 
liability arising out of a tort, the liability must arise out 
of a series of actions (or failures to act) over an extended 
period of time a substantial portion of which occurred at least 
three years before the beginning of the taxable year. A 
specified liability loss cannot exceed the amount of the net 
operating loss, and is only available to taxpayers that used an 
accrual method of accounting throughout the period that the 
acts (or failures to act) occurred.

                           Reasons for Change

    The proper interpretation of the specified liability loss 
provisions has been the subject of controversy. The committee 
believes it is desirable to lessen controversy by providing a 
definitive list of items for which the 10-year specified 
liability loss carryback is available.

                        Explanation of Provision

    Under the provision, specified liability losses are limited 
to product liability losses and amounts allowable as a 
deduction (other than a deduction under sec. 468(a)(1) or sec. 
468A(a)) that are in satisfaction of a liability under a 
Federal or State law requiring the reclamation of land, 
decommissioning of a nuclear power plant (or any unit thereof), 
dismantlement of a drilling platform, remediation of 
environmental contamination, or a payment under any workers 
compensation act (within the meaning of sec. 461(h)(2)(C)(i)), 
if the act (or failure to act) giving rise to such liability 
occurs at least 3 years before the beginning of the taxable 
year. As under present law, the specified liability loss (as 
redefined) cannot exceed the amount of the net operating loss 
and is only available to taxpayers that used an accrual method 
of accounting throughout the period that the act (or failure to 
act) giving rise to the liability occurred. No inference 
regarding the interpretation of the specified liability loss 
carryback rules under present law is intended.

                             Effective Date

    The provision is effective for net operating losses arising 
in taxable years ending after the date of enactment.

                  TITLE IV. TAX TECHNICAL CORRECTIONS

    Except as otherwise provided, the technical corrections 
contained in the bill generally are effective as if included in 
the originally enacted related legislation.

                A. Technical Corrections to the 1998 Act

1. Burden of proof (sec. 402(b) of the bill, sec. 3001 of the 1998 Act, 
        and sec. 7491 (a)(2)(C) of the Code)

                              Present Law

    The Treasury Secretary has the burden of proof in any court 
proceeding with respect to a factual issue if the taxpayer 
introduces credible evidence with respect to any factual issue 
relevant to ascertaining the taxpayer's tax liability, provided 
specified conditions are satisfied (sec. 7491). One of these 
conditions is that corporations, trusts, and partnerships must 
meet certain net worth limitations. These net worth limitations 
do not apply to individuals or to estates.

                        Explanation of Provision

    The provision removes the net worth limitation from certain 
revocable trusts for the same period of time that the trust 
would have been treated as part of the estate had the trust 
made the election under section 645 to be treated as part of 
the estate.

2. Relief for innocent spouses (sec. 402(c) of the bill, sec. 3201 of 
        the 1998 Act, and secs. 6015(e) and 7421(a) of the Code)

                              Present Law

    A taxpayer who is no longer married to, is separated from, 
or has been living apart for at least 12 months from the person 
with whom he or she originally joined in filing a joint Federal 
income tax return may elect to limit his or her liability for a 
deficiency arising from such joint return to the amount of the 
deficiency that is attributable to items that are allocable to 
such electing spouse. The election is limited to deficiency 
situations and only affects the amount of the deficiency for 
which the electing spouse is liable. Thus, the election cannot 
be used to generate a refund, to direct a refund to one spouse 
or the other, or to allocate responsibility for payment where a 
balance due is reported on, but not paid with, a joint return.
    In addition to the election to limit the liability for 
deficiencies, a taxpayer may be eligible for innocent spouse 
relief. Innocent spouse relief allows certain taxpayers who 
joined in the filing of a joint return to be relieved of 
liability for an understatement of tax that is attributable to 
items of the other spouse to the extent that the taxpayer did 
not know or have reason to know of the understatement. The 
Secretary is also authorized to provide equitable relief in 
situations where, taking into account all of the facts and 
circumstances, it is inequitable to hold anindividual 
responsible for all or a part of any unpaid tax or deficiency arising 
from a joint return. Under certain circumstances, it is possible that a 
refund could be obtained under this authority.

                        Explanation of Provision

    The provision clarifies that the ability to obtain a credit 
or refund of Federal income tax is limited to situations where 
the taxpayer qualifies for innocent spouse relief or where the 
Secretary exercises his authority to provide equitable relief.

3. Interest netting (sec. 402(d) of the bill and sec. 3301 (c)(2) of 
        the 1998 Act)

                              Present Law

    For calendar quarters beginning after July 22, 1998, a net 
interest rate of zero applies where interest is payable and 
allowable on equivalent amounts of overpayment and underpayment 
of any tax imposed by the Internal Revenue Code. In addition, 
the net interest rate of zero applies to periods on or before 
July 22, 1998, providing (1) the statute of limitations has not 
expired with respect to either the underpayment or overpayment, 
(2) the taxpayer identifies the periods of underpayment and 
overpayment where interest is payable and allowable for which 
the net interest rate of zero would apply, and (3) on or before 
December 31, 1999, the taxpayer asks the Secretary to apply the 
net zero rate.

                        Explanation of Provision

    The provision restores language originally included in the 
Senate amendment that clarifies that the applicability of the 
zero net interest rate for periods on or before July 22, 1998 
is subject to any applicable statute of limitations not having 
expired with regard to either a tax underpayment or 
overpayment.

4. Effective date for elimination of 18-month holding period for 
        capital gains (sec. 402(i) of the bill, sec. 5001 of the 1998 
        Act, and sec. 1(h) of the Code)

                              present law

    The 1998 Act repealed the provision in the 1997 Act 
providing a maximum 28-percent rate for the long-term capital 
gain attributable to property held more than one year but not 
more than 18 months. Instead, the 1998 Act treated this gain in 
the same manner as gain from property held more than 18 months. 
The provision in the 1998 Act is effective for amounts properly 
taken into account after December 31, 1997. For gains taken 
into account by a pass-thru entity, such as a partnership, S 
corporation, trust, estate, RIC or REIT, the date that the 
entity properly took the gain into account is the appropriate 
date in applying this provision. Thus, for example, amounts 
properly taken into account by a pass-thru entity after July 
28, 1997, and before January 1, 1998, with respect to property 
held more than one year but not more than 18 months which are 
included in income on an individual's 1998 return are taken 
into account in computing 28-percent rate gain.

                        Explanation of Provision

    Under the provision, in the case of a capital gain dividend 
made by a RIC or REIT after 1997, no amount will be taken into 
account in computing the net gain or loss in the 28-percent 
rate gain category by reason of property being held more than 
one year but not more than 18 months, other than amounts taken 
into account by the RIC or REIT from other pass-thru entities 
(other than in structures, such as a ``master-feeder 
structure'', in which the RIC invests a substantial portion of 
its assets in one or more partnerships holding portfolio 
securities and having the same taxable year as the RIC). A 
similar rule applies to amounts properly taken into account by 
a RIC or REIT by reason of holding, directly or indirectly, an 
interest in another RIC or REIT to which the rule in the 
preceding sentence applies.
    For example, if a RIC sold stock held more than one year 
but not more than 18 months on November 15, 1997, for a gain, 
and makes a capital gain dividend in 1998, the gain is not 
taken into account in computing 28-percent rate gain for 
purposes of determining the taxation of the 1998 dividend. 
(Thus, all the netting and computations made by the RIC need to 
be redone with respect to all post-1997 capital gain dividends, 
whether or not dividends of 28-percent rate gain.) If, however, 
the gain was taken into account by a RIC by reason of holding 
an interest in a calendar year 1997 partnership which itself 
sold the stock, the gain will not be recharacterized by reason 
of this provision (unless the RIC's investment in the 
partnership satisfies the exception for master-feeder 
structures). If the gain was taken into account by a RIC be 
reason of holding an interest in a REIT and the gain was 
excluded from 28-percent rate gain by reason of the application 
of this provision to the REIT, the gain will be excluded from 
28-percent rate gain in determining the tax of the RIC 
shareholders.
    The provision also corrects a cross reference.

                B. Technical Corrections to the 1997 Act

1. Treatment of interest on qualified education loans (sec. 403(a) of 
        the bill, sec. 202 of the 1997 Act, and secs. 221 and 163(h) of 
        the Code)

                              Present Law

    Present law, as modified by the 1997 Act, provides that 
certain individuals who have paid interest on qualified 
education loans may claim an above-the-line deduction for such 
interest expense, up to a maximum dollar amount per year 
($1,000 for taxable years beginning in 1998), subject to 
certain requirements (sec. 221). The maximum deduction is 
phased out ratably for individual taxpayers with modified AGI 
between $40,000 and $55,000 ($60,000 and $75,000 for joint 
returns). Present law also provides that in the case of a 
taxpayer other than a corporation, no deduction is allowed for 
personal interest (sec. 163(h)). For this purpose, personal 
interest means any interest allowable as a deduction, other 
than certain types of interest listed in the statute. This 
provision does not specifically provide that otherwise 
deductible qualified education loan interest is not treated as 
personal interest.
    Present law provides that a qualified education loan does 
not include any indebtedness owed to a person who is related 
(within the meaning of sec. 267(b) or 707(b)) to the taxpayer 
(sec. 221(e)(1)).

                        Explanation of Provision

    The provision clarifies that otherwise deductible qualified 
education loan interest is not treated as nondeductible 
personal interest.
    The provision also clarifies that, for purposes of section 
221, modified AGI is determined after application of section 
135 (relating to income from certain U.S. saving bonds) and 
section 137 (relating to adoption assistance programs).
    The provision also provides that a qualified education loan 
does not include any indebtedness owed to any person by reason 
of a loan under any qualified employer plan (as defined in 
section 72(p)(4)) or under any contract purchased under a 
qualified employer plan (as described in sec. 72(p)(5)).

2. Capital gain distributions of charitable remainder trusts (secs. 
        402(i)(3) and 403(b) of the bill, sec. 311 of the 1997 Act and 
        sec. 5001 of the 1998 Act, and sec. 1(h) of the Code)

                              Present Law

    Under present law, the income beneficiary of a charitable 
remainder trust (``CRT'') includes the trust's capital gain in 
income when the gains are distributed to the beneficiary (sec. 
664(b)(2)). Internal Revenue Service Notice 98-20 provides 
guidance with respect to the categorization of long-term 
capital gain distributions from a CRT under the capital gain 
rules enacted by the 1997 Act. Under the Notice, long-term 
capital gains properly taken into account by the trust before 
January 1, 1997, are treated as falling in the 20-percent group 
of gain (i.e., gain not in the 28-percent rate gain or 
unrecaptured sec. 1250 gain). Long-term capital gains properly 
taken into account by the trust after December 31, 1996, and 
before May 7, 1997, are included in 28-percent rate gain. Long-
term capital gains properly taken into account by the trust 
after May 6, 1997, are treated as falling into the category 
which would apply if the trust itself were subject to tax.

                        Explanation of Provision

    The provision provides that, in the case of a capital gain 
distribution by a CRT after December 31, 1997, with respect to 
amounts properly taken into account by the trust during 1997, 
amounts will not be included in the 28-percent rate gain 
category solely by reason of being properly taken into account 
by the trust before May 7, 1997, or by reason of the property 
being held not more than 18 months. Thus, for example, gain on 
the sale of stock by a CRT on February 1, 1997, will not be 
taken into account in determining 28-percent rate gain where 
the gain is distributed after 1997.\10\
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    \10\ The bill contains a similar amendment to section 1(h)(13), as 
amended by section 5001 of the 1998 Act, to provide that, for purposes 
of taxing the recipient of a distribution made after 1997 by a CRT, 
amounts will not be taken into account in computing 28-percent rate 
gain by reason of being properly taken into account before May 7, 1997, 
or by reason of the property being held for not more than 18 months. 
Thus, no amount distributed by a CRT after 1997 will be treated as in 
the 28-percent category (other than by reason of the disposition of 
collectibles or small business stock).
---------------------------------------------------------------------------

                             Effective Date

    The provision applies to taxable years beginning after 
December 31, 1997.

3. Gifts may not be revalued for estate tax purposes after expiration 
        of statute of limitations (sec. 403(c) of the bill, sec. 506 of 
        the 1997 Act, and sec. 2001(f)(2) of the Code)

                              Present Law

    Basic structure of Federal estate and gift taxes.--The 
Federal estate and gift taxes are unified so that a single 
progressive rate schedule is applied to an individual's 
cumulative gifts and bequests. The tax on gifts made in a 
particular year is computed by determining the tax on the sum 
of the taxable gifts made in that year and in all prior years 
and then subtracting the tax on the prior years taxable gifts 
and the unified credit. Similarly, the estate tax is computed 
by determining the tax on the sum of the taxable estate and 
prior taxable gifts and then subtracting the tax on taxable 
gifts, the unified credit, and certain other credits.
    This structure raises two different, but related, issues: 
(1) what is the period beyond which additional gift taxes 
cannot be assessed or collected--generically referred to as the 
``period of limitations''--and (2) what is the period beyond 
which the amount of prior transfers cannot be revalued for the 
purpose of determining the amount of tax on subsequent 
transfers.
    Gift and estate tax period of limitations.--Section 6501(a) 
provides the general rule that any tax (including gift and 
estate tax) must be assessed, or a proceeding begun in a court 
for the collection of such tax without assessment, within three 
years after the return is filed by the taxpayer. Under section 
6501(e)(2), the period for assessments of gift or estate tax is 
increased to six years where there is more than a 25 percent 
omission in the amount of the total gifts or gross estate 
disclosed on the gift or estate tax return. Section 6501(c)(9) 
provides an exception to these rules under which gift tax may 
be assessed, or a proceeding in a court for collection of gift 
tax may be begun, at any time unless the gift is disclosed on a 
gift tax return or a statement attached to a gift tax return.
    Revaluation of gifts for estate tax purposes.--The value of 
a gift is its value as finally determined under the rules for 
purposes of determining the applicable estate tax bracket and 
available unified credit. The value of a gift is finally 
determined if (1) the value of the gift is shown on a gift tax 
return for that gift and that value is not contested by the 
Treasury Secretary before the expiration of the period of 
limitations on assessment of gift tax even where the value of 
the gift as shown on the return does not result in any gift tax 
being owed (e.g., through use of the unified credit), (2) the 
value is specified by the Treasury Secretary pursuant to a 
final notice of redetermination of value (a ``final notice'') 
within the period of limitations applicable to the gift for 
gift tax purposes (generally, three years) and the taxpayer 
does not timely contest that value, or (3) the value is 
determined by a court or pursuant of a settlement agreement 
between the taxpayer and the Treasury Secretary under an 
administrative appeals process whereby a taxpayer can challenge 
a redetermination of value by the IRS prior to issuance of a 
final notice. In the event the taxpayer and the IRS cannot 
agree on the value of a gift, the 1997 Act provided the U.S. 
Tax Court with jurisdiction to issue a declaratory judgment on 
the value of a gift (section 7477). A taxpayer who is mailed a 
final notice may challenge the redetermined value of the gift 
(as contained in the final notice) by filing a motion for a 
declaratory judgment with the U.S. Tax Court. The motion must 
be filed on or before 90 days from the date that the final 
notice was mailed. The statute of limitations is tolled during 
the pendency of the Tax Court proceeding.
    Revaluation of gifts for gift tax purposes.--Similarly, 
under a rule applicable to the computation of the gift tax 
(sec. 2504(c)), the value of gifts made in prior years is its 
value as finally determined if the period of limitations for 
assessment of gift tax on the prior gifts has expired.

                        Explanation of Provision

    The bill clarifies the rules relating to revaluations of 
prior transfers for computation of the estate or gift tax to 
provide that the value of a prior transfer cannot be 
redetermined after the period of limitations if the transfer 
was disclosed in a statement attached to the gift tax return, 
as well as on a gift tax return, in a manner to adequately 
apprise the Treasury Secretary of the nature the transfer, even 
if there was no gift tax imposed on that transfer.

4. Coordinate Vaccine Injury Compensation Trust Fund expenditure 
        purposes with list of taxable vaccines (sec. 403(d) of the 
        bill, sec. 904 of the 1997 Act, and sec. 9510(c) of the Code)

                              Present Law

    A manufacturer's excise tax is imposed on certain vaccines 
routinely recommended for administration to children (sec. 
4131). The tax is imposed at a rate of $0.75 per dose on any 
listed vaccine component. Taxable vaccine components are 
vaccines against diphtheria, tetanus, pertussis, measles, 
mumps, rubella, polio, HIB (haemophilus influenza type B), 
hepatitis B, and varicella (chicken pox). Tax was imposed on 
vaccines against diphtheria, tetanus, pertussis, measles, 
mumps, rubella, and polio by the Omnibus Budget Reconciliation 
Act of 1987. Tax was imposed on vaccines against HIB, hepatitis 
B, and varicella by the 1997 Act.
    Amounts equal to net revenues from this excise tax are 
deposited in the Vaccine Injury Compensation Trust Fund 
(``Vaccine Trust Fund'') to finance compensation awards under 
the Federal Vaccine Injury Compensation Program for individuals 
who suffer certain injuries following administration of the 
taxable vaccines. Present law provides that payments from the 
Vaccine Trust Fund may be made only for vaccines eligible under 
the program as of December 22, 1987 (sec. 9510(c)(1)). Thus, 
payments may not be made for injuries related to the HIB, 
hepatitis B or varicella vaccines.

                        Explanation of Provision

    The provision provides that payments are permitted from the 
Vaccine Trust Fund for injuries related to the administration 
of the HIB, hepatitis B, and varicella vaccines. The provision 
also clarifies that expenditures from the Vaccine Trust Fund 
may occur only as provided in the Code and makes conforming 
amendments.

5. Abatement of interest by reason of Presidentially declared disaster 
        (sec. 403(e) of the bill, sec. 915 of the 1997 Act, and sec. 
        6404(h) of the Code)

                              Present Law

    The Taxpayer Relief Act of 1997 (``1997 Act'') provided 
that, if the Secretary of the Treasury extends the filing date 
of an individual tax return for 1997 for individuals living in 
an area that has been declared a disaster area by the President 
during 1997, no interest shall be charged as a result of the 
failure of an individual taxpayer to file an individual tax 
return, or pay the taxes shown on such return, during the 
extension.
    The Internal Revenue Service Restructuring and Reform Act 
of 1998 (``1998 Act'') contains a similar rule applicable to 
all taxpayers for tax years beginning after 1997 for disasters 
declared after 1997. The status of disastersdeclared in 1998 
but that relate to the 1997 tax year is unclear.

                        Explanation of Provision

    The provision amends the 1997 Act rule so that it is 
available for disasters declared in 1997 or in 1998 with 
respect to the 1997 tax year.

 6. Treatment of certain corporate distributions (sec. 403(f) of the 
        bill, sec. 1012 of the 1997 Act, and secs. 351(c) and 
        368(a)(2)(H) of the Code)

                              Present Law

    The 1997 Act (sec. 1012(a)) requires a distributing 
corporation to recognize corporate level gain on the 
distribution of stock of a controlled corporation under section 
355 of the Code if, pursuant to a plan or series of related 
transactions, one or more persons acquire a 50-percent or 
greater interest (defined as 50 percent or more of the voting 
power or value of the stock) of either the distributing or 
controlled corporation (Code sec. 355(e)). Certain transactions 
are excepted from the definition of acquisition for this 
purpose. Under the technical corrections included in the 
Internal Revenue Service Restructuring and Reform Act of 1998, 
in the case of acquisitions under section 355(e)(3)(A)(iv), the 
acquisition of stock in the distributing corporation or any 
controlled corporation is disregarded to the extent that the 
percentage of stock owned directly or indirectly in such 
corporation by each person owning stock in such corporation 
immediately before the acquisition does not decrease.\11\
---------------------------------------------------------------------------
    \11\ This exception (as certain other exceptions) does not apply if 
the stock held before the acquisition was acquired pursuant to a plan 
(or series of related transactions) to acquire a 50-percent or greater 
interest in the distributing or a controlled corporation.
---------------------------------------------------------------------------
    In the case of a 50-percent or more acquisition of either 
the distributing corporation or the controlled corporation, the 
amount of gain recognized is the amount that the distributing 
corporation would have recognized had the stock of the 
controlled corporation been sold for fair market value on the 
date of the distribution. No adjustment to the basis of the 
stock or assets of either corporation is allowed by reason of 
the recognition of the gain.\12\
---------------------------------------------------------------------------
    \12\ The 1997 Act does not limit the otherwise applicable Treasury 
regulatory authority under section 336(e) of the Code. Nor does it 
limit the otherwise applicable provisions of section 1367 with respect 
to the effect on shareholder stock basis on gain recognized by an S 
corporation under this provision.
---------------------------------------------------------------------------
    The 1997 Act (as amended by the technical corrections 
contained in the Internal Revenue Service Restructuring and 
Reform Act of 1998) also modified certain rules for determining 
control immediately after a distribution in the case of certain 
divisive transactions in which a controlled corporation is 
distributed and the transaction meets the requirements of 
section 355. In such cases, under section 351 and modified 
section 368(a)(2)(H) with respect to reorganizations under 
section 368(a)(1)(D), the fact that the shareholders of the 
distributing corporation dispose of part or all of the 
distributed stock shall not be taken into account.
    The effective date (Act section 1012(d)(1)) states that the 
relevant provisions of the 1997 Act apply to distributions 
after April 16, 1997, pursuant to a plan (or series of related 
transactions) which involves an acquisition occurring after 
such date (unless certain transition provisions apply).

                        Explanation of Provision

    The provision clarifies the ``control immediately after'' 
requirement of section 351(c) and section 368(a)(2)(H) in the 
case of certain divisive transactions in which a corporation 
contributes assets to a controlled corporation and then 
distributes the stock of the controlled corporation in a 
transaction that meets the requirements of section 355 (or so 
much of section 356 as relates to section 355). In such cases, 
not only the fact that the shareholders of the distributing 
corporation dispose of part or all of the distributed stock, 
but also the fact that the corporation whose stock was 
distributed issues additional stock, shall not be taken into 
account.

 7. Treatment of affiliated group including formerly tax-exempt 
        organization (sec. 403(g) of the bill and sec. 1042 of the 1997 
        Act)

                              Present Law

    Present law provides that an organization described in 
sections 501(c)(3) or (4) of the Code is exempt from tax only 
if no substantial part of its activities consists of providing 
commercial-type insurance. When this rule was enacted in 1986, 
certain treatment applied to Blue Cross and Blue Shield 
organizations providing health insurance that were subject to 
this rule and that met certain requirements. Treasury 
regulations were promulgated providing rules for filing 
consolidated returns for affiliated groups including such 
organizations (Treas. Reg. sec. 1.1502-75(d)(5)).
    The 1997 Act repealed the grandfather rules provided in 
1986 (permitting the retention of tax-exempt status) that were 
applicable to that portion of the business of the Teachers 
Insurance Annuity Association and College Retirement Equities 
Fund which is attributable to pension business and to the 
portion of the business of Mutual of America which is 
attributable to pension business. The 1997 Act did not 
specifically provide rules for filing consolidated returns for 
affiliated groups including such organizations.
    Present law with respect to consolidated returns provides 
for an election to treat a life insurance company as an 
includible corporation, and also provides that a life insurance 
company may not be treated as an includible corporation for the 
5 taxable years immediately preceding the taxable year for 
which the consolidated return is filed (sec. 1504(c)(2)). 
Present law also provides that a corporation that is exempt 
from taxation under Code section 501 is not an includible 
corporation (sec. 1504(b)(1)).

                        explanation of provision

    The provision provides rules for filing consolidated 
returns for affiliated groups including any organization with 
respect to which the grandfather rule under Code section 501(m) 
was repealed by section 1042 of the 1997 Act. The provision 
provides that rules similar to the rules of Treasury Regulation 
section 1.1502-75(d)(5) apply in the case of such an 
organization. Thus, an affiliated group including such an 
organization may make the election described in section 
1504(c)(2) (relating to a 5-year period) without regard to 
whether the organization was previously exempt from tax under 
Code section 501.

8. Treatment of net operating losses arising from certain eligible 
        losses (sec. 403(h) of the bill, sec. 1082 of the 1997 Act, and 
        sec. 172(b)(1)(F) of the Code)

                              PRESENT LAW

    The 1997 Act changed the general net operating loss 
(``NOL'') carryback period of a taxpayer from three years to 
two years. The three-year carryback period was retained in the 
case of an NOL attributable to an eligible loss. An eligible 
loss is defined as (1) a casualty or theft loss of an 
individual taxpayer, or (2) an NOL attributable to a 
Presidentially declared disaster area by a taxpayer engaged in 
a farming business or a small business. Other special rules 
apply to real estate investment trusts (REITs) (no carrybacks), 
specified liability losses (10-year carryback), and excess 
interest losses (no carrybacks).

                        EXPLANATION OF PROVISION

    The provision coordinates the use of eligible losses with 
the general rule for NOLs in the same manner as a loss arising 
from a specified liability loss. Thus, an eligible loss for any 
year is treated as a separate net operating loss and is taken 
into account after the remaining portion of the net operating 
loss for the taxable year.

9. Determination of unborrowed policy cash value under COLI pro rata 
        interest disallowance rules (sec. 403(i) of the bill, sec. 1084 
        of the 1997 Act, and sec. 264(f) of the Code)

                              Present Law

    In the case of a taxpayer other than a natural person, no 
deduction is allowed for the portion of the taxpayer's interest 
expense that is allocable to unborrowed policy cash surrender 
values with respect to any life insurance policy or annuity or 
endowment contract issued after June 8, 1997. Interest expense 
is allocable to unborrowed policy cash values based on the 
ratio of (1) the taxpayer's average unborrowed policy cash 
values of life insurance policies and annuity and endowment 
contracts, issued after June 8, 1997, to (2) the sum of (a) in 
the case of assets that are life insurance policies or annuity 
or endowment contracts, the average unborrowed policy cash 
values and (b) in the case of other assets the average adjusted 
bases for all such other assets of the taxpayer. The unborrowed 
policy cash values means the cash surrender value of the policy 
or contract determined without regard to any surrender charge, 
reduced by the amount of any loan with respect to the policy or 
contract. The cash surrender value is to be determined without 
regard to any other contractual or noncontractual arrangement 
that artificially depresses the unborrowed policy cash value of 
a contract.

                        Explanation of Provision

    The provision clarifies the meaning of ``unborrowed policy 
cash value'' under section 264(f)(3), with respect to any life 
insurance, annuity or endowment contract. The technical 
correction clarifies that under section 264(f)(3), if the cash 
surrender value (determined without regard to any surrender 
charges) with respect to any policy or contract does not 
reasonably approximate its actual value, then the amount taken 
into account for this purpose is the greater of (1) the amount 
of the insurance company's liability with respect to the policy 
or contract, as determined for purposes of the annual statement 
approved by the National Association or Insurance 
Commissioners, (2) the amount of the insurance company's 
reserve with respect to the policy or contract for purposes of 
such annual statement; or such other amount as is determined by 
the Treasury Secretary. No inference is intended that such 
amounts may not be taken into account in determining the cash 
surrender value of a policy or contract in such circumstances 
for purposes of any other provision of the Code.

10. Payment of taxes by commercially acceptable means (sec. 403(k) of 
        the bill, sec. 1205 of the 1997 Act, and sec. 6311 (d)(2) of 
        the Code)

                              Present Law

    The Code generally permits the payment of taxes by 
commercially acceptable means (such as credit cards) (sec. 
6311(d)). The Treasury Secretary may not pay any fee or provide 
any other consideration in connection with this provision. This 
fee prohibition may have an unintended impact on Treasury 
contracts for the provision of services unrelated to the 
payment of income taxes by commercially acceptable means.

                        Explanation of Provision

    The provision clarifies that the prohibition on paying any 
fees or providing any other consideration applies to the use of 
credit, debit, or charge cards for the payment of income taxes.

                C. Technical Corrections to the 1984 Act

1. Casualty loss deduction (sec. 404 of the bill, sec. 711(c) of the 
        1984 Act, and secs. 172(d)(4), 67(b)(3), 68(c)(3), and 873(b) 
        of the Code)

                              present Law

    The Tax Reform Act of 1984 (``1984 Act'') deleted casualty 
and theft losses from property connected with a nonbusiness 
transaction entered into for profit from the list of losses set 
forth in section 165(c)(3). This amendment was made in order to 
provide that these losses were deductible in full and not 
subject to the $100 per casualty limitation or the 10-percent 
adjusted gross income floor applicable to personal casualty 
losses. However, the amendment inadvertently eliminated the 
deduction for these losses from the computation of the net 
operating loss. Also, the Tax Reform Act of 1986 provided that 
casualty losses described in section 165(c)(3) are not 
miscellaneous itemized deductions subject to the 2-percent 
adjusted gross income floor, and the Revenue Reconciliation Act 
of 1990 provided that these losses are not treated as itemized 
deductions in computing the overall limitation on itemized 
deductions. The losses of nonresident aliens are limited to 
deductions described in section 165(c)(3). Because of the 
change made by the 1984 Act, the reference to section 165(c)(3) 
does not include casualty and theft losses from nonbusiness 
transactions entered into for profit.

                        Explanation of Provision

    The provision provides that all deductions for nonbusiness 
casualty and theft losses are taken into account in computing 
the net operating loss. Also, these deductions are not treated 
as miscellaneous itemized deductions subject to the 2-percent 
adjusted gross income floor, or as itemized deductions subject 
to the overall limitation on itemized deductions, and are 
allowed to nonresident aliens.

                            effective Dates

    The provision relating to the net operating loss and the 
deduction for nonresident aliens applies to taxable years 
beginning after December 31, 1983.
    The provision relating to miscellaneous itemized deductions 
applies to taxable years beginning after December 31, 1986.
    The provision relating to the overall limitation on 
itemized deductions applies to taxable years beginning after 
December 31, 1990.

     D. Disclosure of Tax Return Information to the Department of 
   Agriculture (Sec. 405(a) of the bill and Sec. 6103(j) of the Code)

                              Present Law

    Tax return information generally may not be disclosed, 
except as specifically provided by statute. Disclosure is 
permitted to the Bureau of the Census for specified purposes, 
which included the responsibility of structuring, conducting, 
and preparing the census of agriculture (sec. 6103(j)(1)). The 
Census of Agriculture Act of 1997 (P.L. 105-113) transferred 
this responsibility from the Bureau of the Census to the 
Department of Agriculture.

                        Explanation of Provision

    The provision permits the continuation of disclosure of tax 
return information for the purpose of structuring, conducting, 
and preparing the census of agriculture by authorizing the 
Department of Agriculture to receive this information.

                             Effective Date

    The provision is effective on the date of enactment of this 
technical correction.

E. Technical Corrections to the Transportation Equity Act for the 21st 
   Century (Sec. 405(b) of the bill, Sec. 9004 of the Act, and Sec. 
                          9503(f) of the Code)

                              present Law

    The Transportation Equity Act for the 21st Century 
(``Transportation Equity Act'') (P.L. 105-178) extended the 
Highway Trust Fund and accompanying highway excise taxes. The 
Transportation Equity Act also changed the budgetary treatment 
of Highway Trust Fund expenditures, including repeal of a 
provision that balances maintained in the Highway Trust Fund 
pending expenditure earn interest from the General Fund of the 
Treasury.

                        explanation of provision

    The provision clarifies that the Secretary of the Treasury 
is not required to invest Highway Trust Fund balances in 
interest-bearing obligations (because any interest paid to the 
Trust Fund by the General Fund would be immediately returned to 
the General Fund).

                       III. VOTE OF THE COMMITTEE

    In compliance with clause 2(l)(2)(B) of rule XI of the 
Rules of the House of Representatives, the following statements 
are made concerning the votes of the Committee on Ways and 
Means in its consideration of the bill, H.R. 4738.

Motion to report the bill

    The bill, H.R. 4738, as amended, was ordered favorably 
reported by a voice vote (with a quorum being present).

                     IV. BUDGET EFFECTS OF THE BILL

                         A. Committee Estimates

    In compliance with clause 7(a) of Rule XIII of the Rules of 
the House of Representatives, the following statement is made 
concerning the estimated budget effects of H.R. 4738, as 
reported by the Committee.
    The bill, as reported, is estimated to have the following 
budget effects:

                         ESTIMATED BUDGET EFFECTS OF H.R. 4738, THE ``REVENUE EXTENSION ACT OF 1998,'' AS REPORTED BY THE COMMITTEE ON WAYS AND MEANS ON OCTOBER 9, 1998
                                                                         [Fiscal Year 1999-2007, in millions of dollars]
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                                                                      1999-               1999-
                     Provision                            Effective         1999      2000      2001      2002      2003      2004      2005      2006      2007      2002     2003-07    2007
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
I. Extension of Expiring Provisions:
    A. Extend the R&E Credit (through 12/31/99)....              7/1/98     -1,526      -866      -409      -296      -170       -39  ........  ........  ........    -3,097      -209    -3,306
    B. Extend Work Opportunity Tax Credit (through
     12/31/99).....................................   wpoifibwa 6/30/98       -245      -227      -126       -50       -18        -3  ........  ........  ........      -648       -21      -669
    C. Extend Contributions of Appreciated Stock of
     Private Foundations (permanent); Public
     Inspection of Private Foundation Annual
     Returns.......................................          7/1/98 \1\        -23       -56       -71       -83       -91       -95      -100      -104      -109      -233      -499      -732
    D. 1-Year Modified Extension of Exemption from
     Subpart F for Active Financing Income (as in
     H.R. 4579)....................................           tybi 1999       -117      -378  ........  ........  ........  ........  ........  ........  ........      -495  ........      -495
    E. Extend the Generalized System of Preferences
     (through 12/31/99) \2\........................              7/1/98       -393       -84  ........  ........  ........  ........  ........  ........  ........      -477  ........      -477
    F. Permanent Extension of Income Averaging for
     Farmers.......................................       tyba 12/31/00   ........  ........        -2       -21       -22       -22       -23       -24       -24       -23      -115      -138
    G. Extension of Tax Information Reporting for
     Income Contingent Student Loan Program \2\....             10/1/98                                                   Negligible Budget Effect
                                                    --------------------------------------------------------------------------------------------------------------------------------------------
      Subtotal of Extension of Expiring Provisions   ...................    -2,304    -1,611      -608      -450      -301      -159      -123      -128      -133    -4,973      -844    -5,815
                                                    ============================================================================================================================================
II. Other Provisions:
    A. Treasury Study on depreciation (due 3/31/00)  ...................  ........  ........  ........  ........  ........  ........  ........  ........  ........  ........  ........  ........
    B. Production Flexibility Contract Payments to
     Farmers Not Included in Income Prior to
     Receipt.......................................       tyea 12/32/95                                                  Negligible Revenue Effect
                                                    --------------------------------------------------------------------------------------------------------------------------------------------
    C. Self-Employed Health Insurance Deduction--
     75% in 2002, and 100% in 2003 and thereafter..       tyba 12/31/01   ........  ........  ........      -120      -474      -637      -680      -602      -257      -120    -2,649    -2,769
    D. Increase Private Activity Bond Volume Cap to
     the Greater of $55 Per Capita or $165 Million
     Starting in 2003; Phased in Ratably to the
     Greater of $75 Million Per Capita or $225
     Million in 2007...............................              1/1/03   ........  ........  ........  ........       -11       -44      -111      -177      -252  ........      -595      -595
    E. Prior Year Estimated Tax Safe Harbor for
     Individuals With AGI over $150,000 (106% in
     2000 and 2001)................................       tyba 12/31/99   ........       525  ........      -525  ........  ........  ........  ........  ........  ........  ........  ........
    F. State Election to Exempt Student Employees
     From Social Security \2\......................         spa 6/30/99         -4       -46       -47       -49       -51       -52       -54       -56       -58      -146      -271      -417
                                                    --------------------------------------------------------------------------------------------------------------------------------------------
      Subtotal of Other Provisions                   ...................        -4       479       -47      -694      -536      -733      -845      -835      -567      -266    -3,515    -3,781
                                                    ============================================================================================================================================
III. Revenue Offset Provisions:
    A. Change the Treatment of Certain Deductible
     Liquidating Distributions of RICs and REITs...         dma 5/21/98      2,425     1,109       723       640       672       705       741       778       817     4,897     3,713     8,610
    B. Add Vaccines Against Rotavirus
     Gastroenteritis to the List Taxable Vaccines
     ($0.75 per dose)..............................             vpa DOE          1         2         3         4         5         6         6         6         7        11        31        42
    C. Clarity and Expand Math Error Procedures....            tyea DOE         12        25        26        27        28        29        30        31        32        90       150       240
    D. Restrict Special Net Operating Loss
     Carryback Rules for Specified Liability Losses      NOLgi tyea DOE         14        21        29        39        42        40        40        40        42       103       204       308
                                                    --------------------------------------------------------------------------------------------------------------------------------------------
      Subtotal of Revenue Offset Provisions          ...................     2,452     1,157       781       710       747       780       817       855       898     5,101     4,098     9,200
                                                    ============================================================================================================================================
IV. Tax Technical Corrections Provisions             ...................                                                     No Revenue Effect
      Net total                                      ...................       144        25       126      -434       -90      -112      -151      -108       198      -138      -261      -398
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ The additional public inspection provisions apply to requests made after the later of the date which is 60 days after the date on which the Treasury Department publishes regulations or 12/
  31/98.
\2\ Estimate provided by the Congressional Budget Office.
Legend for ``Effective'' column: dma = distributions made after; DOE = date of enactment; NOLgi = net operating losses generated in; spa = services performed after; tyba = taxable years
  beginning after; tybi = taxable years beginning in; tyea = taxable years ending after; vpa = vaccines purchased after; wpoifibwa = wages paid or incurred for individuals beginning work
  after.
Note.--Details may not add to totals due to rounding.
Source: Joint Committee on Taxation.

                B. Budget Authority and Tax Expenditures

Budget authority

    In compliance with subdivision (B) of clause 2(l)(3) of 
Rule XI of the Rules of the House of Representatives, the 
Committee states that the bill does not involve new or 
increased outlays.

Tax expenditures

    In compliance with subdivision (B) of clause 2(l)(3) of 
Rule XI of the Rules of the House of Representatives, the 
Committee states that the income tax reduction provisions 
(other than the provision relating to farmer production 
flexibility contract payments) involve increased tax 
expenditures.

      C. Cost Estimate Prepared by the Congressional Budget Office

    In compliance with subdivision (C) of the clause 2(l)(3) of 
Rule XI of the Rules of the House of Representatives, requiring 
a cost estimate prepared by the Congressional Budget Office 
(``CBO''), the Committee advises that the CBO has submitted the 
following statement on the bill as reported.

                                     U.S. Congress,
                               Congressional Budget Office,
                                   Washington, DC, October 9, 1998.
Hon. Bill Archer,
Chairman, Committee on Ways and Means,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 4738, a bill to 
amend the Internal Revenue Code of 1986 to extend certain 
expiring provisions, provide tax relief for farmers and small 
businesses, and for other purposes. The estimate reflects two 
modifications to the reported bill--dropping the change in the 
health insurance deduction for the self-employed in 2002 and 
delaying the state election to exempt student employees from 
Social Security until July 1, 2000.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Noah 
Meyerson.
            Sincerely,
                                              James L. Blum
                                   (For June E. O'Neill, Director).
    Enclosure.

H.R. 4738--A bill to amend the Internal Revenue Code of 1986 to extend 
        certain expiring provisions, provide tax relief for farmers and 
        small businesses, and for other purposes.

    Summary: H.R. is a tax bill that would amend existing tax 
laws and extend numerous tax provisions that have expired 
recently or are about to expire. The Congressional Budget 
Office (CBO) and the Joint Committee on Taxation (JCT) estimate 
that H.R. 4738 would increase governmental receipts by $204 
million over the 1999-2003 period. The bill would have no 
effect on direct spending. The estimate reflects two 
modifications to the reported bill--dropping the change in the 
health insurance deductions for the self-employed in 2002 and 
delaying the state election to exempt student employees from 
Social Security until July 1, 2000.
    H.R. 4738 contains no intergovernmental mandates as defined 
in the Unfunded Mandates Reform Act (UMRA) and would impose no 
costs on state, local, or tribal governments. The bill imposes 
three new private-sector mandates through changes in the 
treatment of certain deductible liquidating distributions of 
regulated investment companies and real estate investment 
trusts, restrictions on the 10-year net operating loss 
carryback rules for specified liability losses, and the 
imposition of taxes on a certain vaccine. The costs of the new 
mandates would exceed the threshold ($100 million in 1996, 
adjusted annually for inflation) specific in UMRA in fiscal 
years 1999-2003.
    Description on major provisions: H.R. 4738 would extend 
certain tax provisions that have recently expired or are about 
to expire, including:
          The reseach and experimentation tax credit through 
        December 31, 1999;
          The work opportunity tax credit through December 31, 
        1999;
          The deduction provided for contributions of 
        appreciated stock to private foundations on a permanent 
        basis;
          The exemption from Subpart F for active financing 
        income with modifications for one year;
          The Generalized System of Preferences through 
        December 31, 1999;
          Income averaging for farmers on a permanent basis; 
        and
          Tax information reporting for the income-contingent 
        student loan program through September 30, 2003.
    H.R. 4738 would also amend certain existing tax laws in 
order to:
          Allows farmers not to include payments from 
        production flexibility contracts in income prior to 
        receipt;
          Accelerate the increase in the deduction for health 
        insurance expenses for self-employed individuals to 100 
        percent in 2003 and thereafter;
          Increase state volume limits on private activity tax-
        exempt bonds and phase in ratably to the greater of $75 
        million per capita or $225 million in 2007;
          Change prior year estimated tax payment rules for 
        individuals with adjusted gross income over $150,000; 
        and
          Allow States to amend their Social Security coverage 
        agreements to exempt student employees at state 
        schools.
    H.R. 4738 includes several revenue offset provisions that 
would:
          Modify the treatment of certain deductible 
        liquidating distributions of regulated investment 
        companies and real estate investment trusts;
          Add vaccines against rotavirus gastroenteritis to the 
        list of taxable vaccines ($0.75 per dose);
          Clarify and expand math error procedures; and
          Restrict special net operating loss carryback rules 
        for specified liability losses.
    Estimated cost to the Federal Government: The estimated 
budgetary impact of H.R. 4738 is summarized in the following 
table.

                          TABLE 1.--SUMMARY OF ESTIMATED BUDGETARY EFFECTS OF H.R. 4738
----------------------------------------------------------------------------------------------------------------
                                                              1999       2000       2001       2002       2003
----------------------------------------------------------------------------------------------------------------
                                                    REVENUES
Extension of Expiring Provisions.........................     -2,304     -1,611       -608       -450       -301
Other Provisions.........................................          0        520        -47       -574       -268
Revenue Offsets..........................................      2,452      1,157        781        710        747
                                                          ------------------------------------------------------
      Total..............................................        148         66        126       -314        178
                                                          ======================================================
                                                CHANGE IN SURPLUS
Proposed Changes:
    Off-Budget...........................................          0         -4        -42        -44        -46
    On-Budget............................................        148         70        168       -270        224
                                                          ------------------------------------------------------
      Total..............................................        148         66        126       -314       178
----------------------------------------------------------------------------------------------------------------
Sources: Joint Committee on Taxation and Congressional Budget Office.

    Basis of estimate: All the estimates for the revenue 
provisions, with the exception of extension of the Generalized 
System of Preferences (GSP) and amendment to Social Security 
law with respect to student employees at state schools, were 
provided by the JCT.

Generalized system of preferences

    H.R. 4738 would renew GSP, which expired on June 30, 1998, 
through December 31, 1999. Taxpayers could apply for refunds 
for the period since July 1, 1998. GSP affordsnonreciprocal 
tariff preferences to approximately 140 developing countries to aid 
their economic development and to diversify and expand their production 
and exports. Generally, duty-free treatment of imported goods from GSP-
designated developing countries is extended to products that are not 
competitive internationally. The program contains safeguards to protect 
domestic industries that are sensitive to import competition. CBO 
estimates that renewing GSP would reduce governmental receipts by $393 
million in fiscal year 1999, $84 million in fiscal year 2000, and a 
total of $477 million over the 1999-2000 period, net of payroll and 
income tax offsets. This estimate is based on projections of U.S. 
imports and recent data on collections from beneficiary countries under 
the GSP program.

Revenue provisions relating to Social Security coverage

    H.R. 4738 would also allow states to amend their Social 
Security coverage agreements to exempt student employees at 
state schools. In general, under section 3121(b)(10) of the 
Internal Revenue Code, income earned by students employed by 
the college or university th ey attend is not subject to FICA 
tax. However, in the case of state colleges and universities, 
each state may choose in its agreement for the coverage of 
state and local employees (``218 agreement'') to cover such 
income. This provision would allow states that currently cover 
such income--New Jersey, Pennsylvania, and Texas--to amend 
their 218 agreements to exempt such income from FICA taxes. 
This exemption would be effective for services performed after 
June 30, 2000. CBO based its estimate on wage data supplied by 
most affected schools and published enrollment data. The 
revenue effects of this provision are shown in Table 2.

       TABLE 2.--ESTIMATED REVENUE EFFECTS OF PROVISIONS IN H.R. 4738 RELATING TO SOCIAL SECURITY COVERAGE
----------------------------------------------------------------------------------------------------------------
                                                     By fiscal years in millions of dollars--
                                 -------------------------------------------------------------------------------
                                   1999    2000    2001    2002    2003    2004    2005    2006    2007    2008
----------------------------------------------------------------------------------------------------------------
On-Budget.......................       0      -5      -0      -5      -5      -5      -5      -6      -6      -6
Off-Budget......................       0      -4     -42     -44     -46     -47     -49     -50     -52     -54
                                 -------------------------------------------------------------------------------
      Total.....................       0      -5     -47     -49     -51     -52     -54     -56     -58     -60
----------------------------------------------------------------------------------------------------------------
Source: Congressional Budget Office.

    Pay-as-you-go considerations: The Balance Budget and 
Emergency Deficit Control Act of 1985 establishes pay-as-you-go 
procedures for legislation affecting direct spending or 
receipts. Only changes affecting on-budget outlays and receipts 
(that is, those in non-Social Security programs) affect the 
pay-as-you-go scorecard. For purposes of enforcing pay-as-you-
go procedures, only the effects in the current year, budget 
year, and the succeeding four years are counted (see Table 3).

                             TABLE 3.--SUMMARY OF PAY-AS-YOU-GO EFFECTS OF H.R. 4738
----------------------------------------------------------------------------------------------------------------
                                                    By fiscal years, in millions of dollars--
                               ---------------------------------------------------------------------------------
                                 1999    2000    2001     2002    2003    2004     2005    2006    2007    2008
----------------------------------------------------------------------------------------------------------------
Change in Outlays.............                                    not applicable
Change in Receipts............     148      70     168     -270     224     -65     -102     -58     250  ( \1\
                                                                                                               )
----------------------------------------------------------------------------------------------------------------
\1\ Not available.
Sources: Congressional Budget Office and Joint Committee on Taxation.

    Estimated impact on State, local, and tribal governments: 
CBO and JCT have determined the provisions of H.R. 4738 are 
either excluded from consideration under the Unfunded Mandates 
Reform Act (UMRA) or do not contain intergovernmental mandates 
as defined in that act.
    Estimated impact on the private sector: JCT has determined 
that H.R. 4738 would impose three new private-sector mandates 
by changing the treatment of certain deductible liquidating 
distributions of regulated investment companies and real estate 
investment trusts, adding the vaccine against rotavirus 
gastroenteritis to the list of taxable vaccines, and 
restricting the 10-year net operating loss carryback rules for 
specified liability losses. The direct costs of the new 
mandates would exceed the statutory threshold ($100 million in 
1996, adjusted annually for inflation) established in UMRA in 
each of fiscal years 1999 through 2003 (see Table 4). CBO and 
the JCT have determined that the remaining provisions of the 
bill either are excluded from a consideration or do not contain 
private-sector mandates as defined in UMRA.

                               TABLE 4.--ESTIMATED COST OF PRIVATE-SECTOR MANDATES
----------------------------------------------------------------------------------------------------------------
                                                                 By fiscal years, in millions of dollars--
                                                          ------------------------------------------------------
                                                              1999       2000       2001       2002       2003
----------------------------------------------------------------------------------------------------------------
Cost to the Private Sector...............................      2,440      1,132        755        683       719
----------------------------------------------------------------------------------------------------------------
Source: Joint Committee on Taxation.

    Estimate prepared by: Federal revenues: Noah Meyerson and 
Hester Grippando. Impact on State, local, and tribal 
governments: Pepper Santalucia. Impact on the Private Sector: 
Lesley Frymier.
    Estimate approved by: Frank Sammartino, Assistant Director 
for Tax Analysis (Acting) and Paul N. Van de Water, Assistant 
Director for Budget Analysis.

     V. OTHER MATTERS TO BE DISCUSSED UNDER THE RULES OF THE HOUSE

          A. Committee Oversight Findings and Recommendations

    With respect to subdivision (A) of clause 2(l)(3) of rule 
XI of the Rules of the House of Representatives (relating to 
oversight findings), the Committee advises that it was the 
result of the Committee's oversight activities with respect to 
extension of certain expired and expiring tax and trade 
provisions, closing a tax loophole with respect to the 
treatment of certain deductible liquidating distributions of 
RICs and REITs, certain other revenue offsets, acceleration of 
the increased deduction for self-employed health insurance, 
Treasury study of depreciation, treatment of certain farm 
production flexibility contract payments, increase in the State 
private activity bond limit, and necessary tax technical 
corrections that the Committee concluded that it is appropriate 
and timely to enact the provisions contained in the bill as 
reported.

    B. Summary of Findings and Recommendations of the Committee on 
                    Government Reform and Oversight

    With respect to subdivision (D) of clause 2(l)(3) of rule 
XI of the Rules of the House of Representatives, the Committee 
advises that no specific oversight findings or recommendations 
have been submitted to this Committee by the Committee on 
Government Reform and Oversight with respect to the provisions 
contained in the bill.

                 C. Constitutional Authority Statement

    With respect to clause 2(l)(4) of rule XI of the Rules of 
the House of Representatives (relating to Constitutional 
Authority), the Committee states that the Committee's action in 
reporting this bill is derived from Article I of the 
Constitution, Section 7 (``All bills for raising revenue shall 
originate in the House of Representatives'') and Section 8 
(``The Congress shall have the power to lay and collect taxes, 
duties, imports and excises, to pay the debts of the United 
States''), and from the 16th Amendment to the Constitution.

              D. Information Relating to Unfunded Mandates

    This information is provided in accordance with section 423 
of the Unfunded Mandates Act of 1995 (P.L. 104-4).
    The Committee has determined that the H.R. 4738 contains 
the following private sector mandates:
          Treatment of certain deductible liquidating 
        distributions of regulated investment companies and 
        real estate investment trusts;
          Restrict 10-year net operating loss carryback rules 
        for specified liability losses; and
          Add vaccines against rotavirus gastroenteritis to the 
        list of taxable vaccines;
    In addition, the provision of the bill adding vaccines 
against rotavirus gastroenteritis to the list of taxable 
vaccines for purposes of the vaccine excise tax would impose a 
Federal intergovernmental mandate because certain State 
governments will be required to pay the requisite taxes.
    The Committee finds it necessary to adopt these proposals 
in order to offset the revenue losses attributable to the 
extension of certain expiring tax provisions and to provide tax 
relief to farmers and self-employed individuals.

                E. Applicability of House Rule XXI 5(c)

    Rule XXI 5(c) of the Rules of the House of Representatives 
provides, in part, that ``No bill or joint resolution, 
amendment, or conference report carrying a Federal income tax 
rate increase shall be considered as passed or agreed to unless 
determined by a vote of not less than three-fifths of the 
Members.'' The Committee has carefully reviewed the provisions 
of the bill, and states that the provisions of the bill do not 
involve any Federal income tax rate increase within the meaning 
of the rule.

       VI. CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

  In compliance with clause 3 of rule XIII of the Rules of the 
House of Representatives, changes in existing law made by the 
bill, as reported, are shown as follows (existing law proposed 
to be omitted is enclosed in black brackets, new matter is 
printed in italic, existing law in which no change is proposed 
is shown in roman):

                     INTERNAL REVENUE CODE OF 1986

Subtitle A--Income Taxes

           *       *       *       *       *       *       *


                  CHAPTER 1--NORMAL TAXES AND SURTAXES

Subchapter A--Determination of Tax Liability

           *       *       *       *       *       *       *


PART I--TAX ON INDIVIDUALS

           *       *       *       *       *       *       *


SEC. 1. TAX IMPOSED.

  (a) * * *

           *       *       *       *       *       *       *

  (h) Maximum Capital Gains Rate.--
          (1) * * *

           *       *       *       *       *       *       *

          (13) Special rules.--
                  (A) * * *
                  (B) Determination of unrecaptured section 
                1250 gain.--The amount determined under 
                paragraph [(7)(A)] (7)(A)(i) shall not include 
                gain--
                          (i) which is properly taken into 
                        account for the portion of the taxable 
                        year before May 7, 1997; or
                          (ii) from property held not more than 
                        18 months which is properly taken into 
                        account for the portion of the taxable 
                        year after July 28, 1997, and before 
                        January 1, 1998.

           *       *       *       *       *       *       *

                  (D) Charitable remainder trusts.--
                Subparagraphs (A) and (B)(ii) shall not apply 
                to any capital gain distribution made by a 
                trust described in section 664.

           *       *       *       *       *       *       *


PART IV--CREDITS AGAINST TAX

           *       *       *       *       *       *       *


Subpart D--Business Related Credits

           *       *       *       *       *       *       *


SEC. 41. CREDIT FOR INCREASING RESEARCH ACTIVITIES.

  (a) * * *

           *       *       *       *       *       *       *

  (h) Termination.--
          (1) In general.--This section shall not apply to any 
        amount paid or incurred--
                  (A) after June 30, 1995, and before July 1, 
                1996, or
                  (B) after [June 30, 1998] December 31, 1999.
        Notwithstanding the preceding sentence, in the case of 
        a taxpayer making an election under subsection (c)(4) 
        for its first taxable year beginning after June 30, 
        1996, and before July 1, 1997, this section shall apply 
        to amounts paid or incurred during the [24-month] 42-
        month period beginning with the first month of such 
        year. The [24 months] 42 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.

           *       *       *       *       *       *       *


SEC. 45C. CLINICAL TESTING EXPENSES FOR CERTAIN DRUGS FOR RARE DISEASES 
                    OR CONDITIONS.

  (a) * * *
  (b) Qualified Clinical Testing Expenses for Purposes of This 
Section.--
          (1) Qualified clinical testing expenses.--
                  (A) * * *

           *       *       *       *       *       *       *

                  (D) Special rule.--For purposes of this 
                paragraph, section 41 shall be deemed to remain 
                in effect for periods after June 30, 1995, and 
                before July 1, 1996, and periods after [June 
                30, 1998] December 31, 1999.

           *       *       *       *       *       *       *


Subpart F--Rules for Computing Work Opportunity Credit

           *       *       *       *       *       *       *


SEC. 51. AMOUNT OF CREDIT.

  (a) * * *

           *       *       *       *       *       *       *

  (c) Wages Defined.--For purposes of this subpart--
          (1) * * *

           *       *       *       *       *       *       *

          (4) Termination.--The term ``wages'' shall not 
        include any amount paid or incurred to an individual 
        who begins work for the employer--
                  (A) after December 31, 1994, and before 
                October 1, 1996, or
                  (B) after [June 30, 1998] December 31, 1999.
  (d) Members of Targeted Groups.--For purposes of this 
subpart--
          (1) * * *

           *       *       *       *       *       *       *

          (6) Vocational rehabilitation referral.--The term 
        ``vocational rehabilitation referral'' means any 
        individual who is certified by the designated local 
        agency as--
                  (A) * * *
                  (B) having been referred to the employer upon 
                completion of (or while receiving) 
                rehabilitative services pursuant to--
                          (i) an individualized written 
                        [rehabilitation plan] plan for 
                        employment under a State plan for 
                        vocational rehabilitation services 
                        approved under the Rehabilitation Act 
                        of 1973, or

           *       *       *       *       *       *       *


PART VI--MINIMUM TAX FOR TAX PREFERENCES

           *       *       *       *       *       *       *


SEC. 56. ADJUSTMENTS IN COMPUTING ALTERNATIVE MINIMUM TAXABLE INCOME.

  (a) Adjustments Applicable to All Taxpayers.--In determining 
the amount of the alternative minimum taxable income for any 
taxable year the following treatment shall apply (in lieu of 
the treatment applicable for purposes of computing the regular 
tax):
          (1) * * *

           *       *       *       *       *       *       *

          (3) Treatment of certain long-term contracts.--In the 
        case of any long-term contract entered into by the 
        taxpayer on or after March 1, 1986, the taxable income 
        from such contract shall be determined under the 
        percentage of completion method of accounting (as 
        modified by section 460(b)). For purposes of the 
        preceding sentence, in the case of a contract described 
        in section 460(e)(1), the percentage of the contract 
        completed shall be determined under [section 460(b)(2)] 
        section 460(b)(1) by using the simplified procedures 
        for allocation of costs prescribed under [section 
        460(b)(4)] section 460(b)(3). The first sentence of 
        this paragraph shall not apply to any home construction 
        contract (as defined in section 460(e)(6)).

           *       *       *       *       *       *       *


              Subchapter B--Computation of taxable income

  PART I--DEFINITION OF GROSS INCOME, ADJUSTED GROSS INCOME, TAXABLE 
INCOME, ETC.

           *       *       *       *       *       *       *


SEC. 67. 2-PERCENT FLOOR ON MISCELLANEOUS ITEMIZED DEDUCTIONS.

  (a) * * *
  (b) Miscellaneous Itemized Deductions.--For purposes of this 
section, the term ``miscellaneous itemized deductions'' means 
the itemized deductions other than--
          (1) * * *

           *       *       *       *       *       *       *

          (3) the deduction under section 165(a) [for losses 
        described in subsection (c)(3) or (d) of section 165] 
        for casualty or theft losses described in paragraph (2) 
        or (3) of section 165(c) or for losses described in 
        section 165(d),

           *       *       *       *       *       *       *


SEC. 68. OVERALL LIMITATION ON ITEMIZED DEDUCTIONS.

  (a) * * *

           *       *       *       *       *       *       *

  (c) Exception for Certain Itemized Deductions.--For purposes 
of this section, the term ``itemized deductions'' does not 
include--
          (1) * * *

           *       *       *       *       *       *       *

          (3) the deduction under section 165(a) [for losses 
        described in subsection (c)(3) or (d) of section 165] 
        for casualty or theft losses described in paragraph (2) 
        or (3) of section 165(c) or for losses described in 
        section 165(d).

           *       *       *       *       *       *       *


SEC. 86. SOCIAL SECURITY AND TIER 1 RAILROAD RETIREMENT BENEFITS.

  (a) * * *
  (b) Taxpayers to Whom Subsection (a) Applies.--
          (1) * * *
          (2) Modified adjusted gross income.--For purposes of 
        this subsection, the term ``modified adjusted gross 
        income'' means adjusted gross income--
                  (A) determined without regard to this section 
                and sections 135, 137, 221, 911, 931, and 933, 
                and

           *       *       *       *       *       *       *


SEC. 135. INCOME FROM UNITED STATES SAVINGS BONDS USED TO PAY HIGHER.

  (a) * * *

           *       *       *       *       *       *       *

  (c) Definitions.--For purposes of this section--
          (1) * * *

           *       *       *       *       *       *       *

          (4) Modified adjusted gross income.--The term 
        ``modified adjusted gross income'' means the adjusted 
        gross income of the taxpayer for the taxable year 
        determined--
                  (A) without regard to this section and 
                sections 137, 221, 911, 931, and 933, and

           *       *       *       *       *       *       *


SEC. 137. ADOPTION ASSISTANCE PROGRAMS.

  (a) * * *
  (b) Limitations.--
          (1) * * *

           *       *       *       *       *       *       *

          (3) Determination of adjusted gross income.--For 
        purposes of paragraph (2), adjusted gross income shall 
        be determined--
                  (A) without regard to this section and 
                sections 221, 911, 931, and 933, and
                  (B) after the application of sections 86, 
                135, 219, and 469.

           *       *       *       *       *       *       *


PART IV--TAX EXEMPTION REQUIREMENTS FOR STATE AND LOCAL BONDS

           *       *       *       *       *       *       *


Subpart A--Private Activity Bonds

           *       *       *       *       *       *       *


SEC. 146. VOLUME CAP.

  (a) * * *

           *       *       *       *       *       *       *

  (d) State Ceiling.--For purposes of this section--
          [(1) In general.--The State ceiling applicable to any 
        State for any calendar year shall be the greater of--
                  [(A) an amount equal to $75 multiplied by the 
                State population, or
                  [(B) $250,000,000.
        Subparagraph (B) shall not apply to any possession of 
        the United States.
          [(2) Adjustment after 1987.--In the case of calendar 
        years after 1987, paragraph (1) shall be applied by 
        substituting--
                  [(A) ``$50'' for ``$75'', and
                  [(B) ``$150,000,000'' for ``$250,000,000''.]
          (1) In general.--The State ceiling applicable to any 
        State for any calendar year shall be the greater of--
                  (A) an amount equal to the per capita limit 
                for such year multiplied by the State 
                population, or
                  (B) the aggregate limit for such year.
        Subparagraph (B) shall not apply to any possession of 
        the United States.
          (2) Per capita limit; aggregate limit.--For purposes 
        of paragraph (1), the per capita limit, and the 
        aggregate limit, for any calendar year shall be 
        determined in accordance with the following table:
      

  1999 through 2002..........          $50              $150,000,000
  2003.......................           55               165,000,000
  2004.......................           60               180,000,000
  2005.......................           65               195,000,000
  2006.......................           70               210,000,000
  2007 and thereafter........           75               225,000,000.

                                                    

           *       *       *       *       *       *       *
PART VI--ITEMIZED DEDUCTIONS FOR INDIVIDUALS AND CORPORATIONS

           *       *       *       *       *       *       *


SEC. 162. TRADE OR BUSINESS EXPENSES.

  (a) * * *

           *       *       *       *       *       *       *

  (l) Special Rules for Health Insurance Costs of Self-Employed 
Individuals.--
          (1) Allowance of deduction.--
                  (A) * * *
                  (B) Applicable percentage.--For purposes of 
                subparagraph (A), the applicable percentage 
                shall be determined under the following table:

        For taxable years beginning                       The applicable
          in calendar year--                             percentage is--
          1997................................................      40  
          1998 and 1999.......................................      45  
          2000 and 2001.......................................      50  
          [2002...............................................      60  
          [2003 through 2005..................................      80  
          [2006...............................................      90  
          [2007 and thereafter................................   100.]  
          2002................................................      75  
100.    2003 and thereafter.................................

           *       *       *       *       *       *       *


SEC. 163. INTEREST.

  (a) * * *

           *       *       *       *       *       *       *

  (h) Disallowance of Deduction for Personal Interest.--
          (1) * * *
          (2) Personal interest.--For purposes of this 
        subsection, the term ``personal interest'' means any 
        interest allowable as a deduction under this chapter 
        other than--
                  (A) * * *

           *       *       *       *       *       *       *

                  (D) any qualified residence interest (within 
                the meaning of paragraph (3)), [and]
                  (E) any interest payable under section 6601 
                on any unpaid portion of the tax imposed by 
                section 2001 for the period during which an 
                extension of time for payment of such tax is in 
                effect under section 6163[.], and
                  (F) any interest allowable as a deduction 
                under section 221 (relating to interest on 
                educational loans).

           *       *       *       *       *       *       *


SEC. 170. CHARITABLE, ETC., CONTRIBUTIONS AND GIFTS.

  (a) * * *

           *       *       *       *       *       *       *

  (e) Certain Contributions of Ordinary Income and Capital Gain 
Property.--
          (1) * * *

           *       *       *       *       *       *       *

          (5) Special rule for contributions of stock for which 
        market quotations are readily available.--
                  (A) * * *

           *       *       *       *       *       *       *

                  [(D) Termination.--This paragraph shall not 
                apply to contributions made--
                          [(i) after December 31, 1994, and 
                        before July 1, 1996, or
                          [(ii) after June 30, 1998.]

           *       *       *       *       *       *       *


SEC. 172. NET OPERATING LOSS DEDUCTION.

  (a) * * *

           *       *       *       *       *       *       *

  (d) Modifications.--The modifications referred to in this 
section are as follows:
          (1) * * *

           *       *       *       *       *       *       *

          (4) Nonbusiness deductions of taxpayers other than 
        corporations.--In the case of a taxpayer other than a 
        corporation, the deductions allowable by this chapter 
        which are not attributable to a taxpayer's trade or 
        business shall be allowed only to the extent of the 
        amount of the gross income not derived from such trade 
        or business. For purposes of the preceding sentence--
                  (A) * * *

           *       *       *       *       *       *       *

                  [(C) any deduction allowable under section 
                165(c)(3) (relating to casualty losses) shall 
                not be taken into account; and]
                  (C) any deduction for casualty or theft 
                losses allowable under paragraph (2) or (3) of 
                section 165(c) shall be treated as attributable 
                to the trade or business; and

           *       *       *       *       *       *       *


PART IX--ITEMS NOT DEDUCTIBLE

           *       *       *       *       *       *       *


SEC. 219. RETIREMENT SAVINGS.

  (a) * * *

           *       *       *       *       *       *       *

  (g) Limitation on Deduction for Active Participants in 
Certain Pension Plans.--
          (1) * * *

           *       *       *       *       *       *       *

          (3) Adjusted gross income; applicable dollar 
        amount.--For purposes of this subsection--
                  (A) Adjusted gross income.--Adjusted gross 
                income of any taxpayer shall be determined--
                          (i) after application of sections 86 
                        and 469, and
                          (ii) without regard to sections 135, 
                        137, 221, and 911 or the deduction 
                        allowable under this section.

           *       *       *       *       *       *       *


SEC. 221. INTEREST ON EDUCATION LOANS.

  (a) * * *
  (b) Maximum Deduction.--
          (1) * * *
          (2) Limitation based on modified adjusted gross 
        income.--
                  (A) * * *

           *       *       *       *       *       *       *

                  (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, 137,] 911, 931, and 
                        933, and
                          (ii) after application of sections 
                        86, 135, 137, 219, and 469.
                  [For purposes of sections 86, 135, 137, 219, 
                and 469, adjusted gross income shall be 
                determined without regard to the deduction 
                allowed under this section.]

           *       *       *       *       *       *       *

  (e) Definitions.--For purposes of this section--
          (1) Qualified education loan.--The term ``qualified 
        education loan'' means any indebtedness incurred by the 
        taxpayer solely to pay qualified higher education 
        expenses--
                  (A) * * *

           *       *       *       *       *       *       *

          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 or to any person by reason 
        of a loan under any qualified employer plan (as defined 
        in section 72(p)(4)) or under any contract referred to 
        in section 72(p)(5).

           *       *       *       *       *       *       *


SEC. 264. CERTAIN AMOUNTS PAID IN CONNECTION WITH INSURANCE CONTRACTS.

  (a) * * *

           *       *       *       *       *       *       *

  (f) Pro Rata Allocation of Interest Expense to Policy Cash 
Values.--
          (1) * * *

           *       *       *       *       *       *       *

          (3) Unborrowed policy cash value.--For purposes of 
        this subsection, the term ``unborrowed policy cash 
        value'' means, with respect to any life insurance 
        policy or annuity or endowment contract, the excess 
        of--
                  (A) the cash surrender value of such policy 
                or contract determined without regard to any 
                surrender charge, over
                  (B) the amount of any loan with respect to 
                such policy or contract.
        If the amount described in subparagraph (A) with 
        respect to any policy or contract does not reasonably 
        approximate its actual value, the amount taken into 
        account under subparagraph (A) shall be the greater of 
        the amount of the insurance company liability or the 
        insurance company reserve with respect to such policy 
        or contract (as determined for purposes of the annual 
        statement approved by the National Association of 
        Insurance Commissioners) or shall be such other amount 
        as is determined by the Secretary.

           *       *       *       *       *       *       *


Subchapter C--Corporate Distributions and Adjustments

           *       *       *       *       *       *       *


PART II--CORPORATE LIQUIDATIONS

           *       *       *       *       *       *       *


Subpart A--Effects on Recipients

           *       *       *       *       *       *       *


SEC. 332. COMPLETE LIQUIDATIONS OF SUBSIDIARIES.

  (a) * * *
  (b) Liquidations to Which Section Applies.--For purposes of 
[subsection (a)] this section, a distribution shall be 
considered to be in complete liquidation only if--
          (1) the corporation receiving such property was, on 
        the date of the adoption of the plan of liquidation, 
        and has continued to be at all times until the receipt 
        of the property, the owner of stock (in such other 
        corporation) meeting the requirements of section 
        1504(a)(2); and either

           *       *       *       *       *       *       *

  (c) Deductible Liquidating Distributions of Regulated 
Investment Companies and Real Estate Investment Trusts.--If a 
corporation receives a distribution from a regulated investment 
company or a real estate investment trust which is considered 
under subsection (b) as being in complete liquidation of such 
company or trust, then, notwithstanding any other provision of 
this chapter, such corporation shall recognize and treat as a 
dividend from such company or trust an amount equal to the 
deduction for dividends paid allowable to such company or trust 
by reason of such distribution.

           *       *       *       *       *       *       *


SEC. 334. BASIS OF PROPERTY RECEIVED IN LIQUIDATIONS.

  (a) * * *
  (b) Liquidation of Subsidiary.--
          (1) In general.--If property is received by a 
        corporate distributee in a distribution in a complete 
        liquidation to which [section 332(a)] section 332 
        applies (or in a transfer described in section 
        337(b)(1)), the basis of such property in the hands of 
        such distributee shall be the same as it would be in 
        the hands of the transferor; except that, in any case 
        in which gain or loss is recognized by the liquidating 
        corporation with respect to such property, the basis of 
        such property in the hands of such distributee shall be 
        the fair market value of the property at the time of 
        the distribution.

           *       *       *       *       *       *       *


PART III--CORPORATE ORGANIZATIONS AND REORGANIZATIONS

           *       *       *       *       *       *       *


Subpart A--Corporate Organizations

           *       *       *       *       *       *       *


SEC. 351. TRANSFER TO CORPORATION CONTROLLED BY TRANSFEROR.

  (a) * * *

           *       *       *       *       *       *       *

  (c) Special Rules Where Distribution to Shareholders.--
          (1) * * *
          (2) Special rule for section 355.--If the 
        requirements of section 355 (or so much of section 356 
        as relates to section 355) are met with respect to a 
        distribution described in paragraph (1), then, solely 
        for purposes of determining the tax treatment of the 
        transfers of property to the controlled corporation by 
        the distributing corporation, the fact that the 
        shareholders of the distributing corporation dispose of 
        part or all of the distributed stock, or the fact that 
        the corporation whose stock was distributed issues 
        additional stock, shall not be taken into account in 
        determining control for purposes of this section.

           *       *       *       *       *       *       *


Subpart D--Special Rule; Definitions

           *       *       *       *       *       *       *


SEC. 368. DEFINITIONS RELATING TO CORPORATE REORGANIZATIONS.

  (a) Reorganization.--
          (1) * * *
          (2) Special rules relating to paragraph (1).--
                  (A) * * *

           *       *       *       *       *       *       *

                  (H) Special rules for determining whether 
                certain transactions are qualified under 
                paragraph (1)(d).--For purposes of determining 
                whether a transaction qualifies under paragraph 
                (1)(D)--
                          (i) in the case of a transaction with 
                        respect to which the requirements of 
                        subparagraphs (A) and (B) of section 
                        354(b)(1) are met, the term ``control'' 
                        has the meaning given such term by 
                        section 304(c), and
                          (ii) in the case of a transaction 
                        with respect to which the requirements 
                        of section 355 (or so much of section 
                        356 as relates to section 355) are met, 
                        the fact that the shareholders of the 
                        distributing corporation dispose of 
                        part or all of the distributed stock, 
                        or the fact that the corporation whose 
                        stock was distributed issues additional 
                        stock, shall not be taken into account.

           *       *       *       *       *       *       *


Subchapter D--Deferred Compensation, Etc.

           *       *       *       *       *       *       *


PART I--PENSION, PROFIT-SHARING, STOCK BONUS PLANS, ETC.

           *       *       *       *       *       *       *


Subpart A--General rule

           *       *       *       *       *       *       *


SEC. 408A. ROTH IRA'S.

  (a) * * *

           *       *       *       *       *       *       *

  (c) Treatment of Contributions.--
          (1) * * *

           *       *       *       *       *       *       *

          (3) Limits based on modified adjusted gross income.--
                  (A) * * *

           *       *       *       *       *       *       *

                  (C) Definitions.--For purposes of this 
                paragraph--
                          (i) adjusted gross income shall be 
                        determined in the same manner as under 
                        section 219(g)(3), except that--
                                  (I) any amount included in 
                                gross income under subsection 
                                (d)(3) shall not be taken into 
                                account; and
                                  (II) any amount included in 
                                gross income by reason of a 
                                required distribution under a 
                                provision described in 
                                paragraph (5) shall not be 
                                taken into account for purposes 
                                of subparagraph (B)(i)[.], and

           *       *       *       *       *       *       *


Subchapter E--Accounting periods and methods of accounting

           *       *       *       *       *       *       *


PART II--METHODS OF ACCOUNTING

           *       *       *       *       *       *       *


Subpart C--Taxable Year for Which Deductions Taken

           *       *       *       *       *       *       *


SEC. 469. PASSIVE ACTIVITY LOSSES AND CREDITS LIMITED.

  (a) * * *

           *       *       *       *       *       *       *

  (i) $25,000 Offset for Rental Real Estate Activities.--
          (1) * * *

           *       *       *       *       *       *       *

          (3) Phase-out of exemption.--
                  (A) * * *

           *       *       *       *       *       *       *

                  (E) Adjusted gross income.--For purposes of 
                this paragraph, adjusted gross income shall be 
                determined without regard to--
                          (i) * * *

           *       *       *       *       *       *       *

                          [(iii) any amount allowable as a 
                        deduction under section 219, and]
                          (iii) the amounts allowable as a 
                        deduction under sections 219 and 221, 
                        and

           *       *       *       *       *       *       *


Subchapter M--Regulated Investment Companies and Real Estate Investment 
Trusts

           *       *       *       *       *       *       *


PART II--REAL ESTATE INVESTMENT TRUSTS

           *       *       *       *       *       *       *


SEC. 873. DEDUCTIONS.--

  (a) * * *
  (b) Exceptions.--The following deductions shall be allowed 
whether or not they are connected with income which is 
effectively connected with the conduct of a trade or business 
within the United States:
          [(1) Losses.--The deduction for losses allowed by 
        section 165(c)(3), but only if the loss is of property 
        located within the United States.]
          (1) Losses.--The deduction allowed by section 165 for 
        casualty or theft losses described in paragraph (2) or 
        (3) of section 165(c), but only if the loss is of 
        property located within the United States.

           *       *       *       *       *       *       *


 Subchapter N--Tax Bases on Income From Sources Within or Without the 
United States

           *       *       *       *       *       *       *


PART III--INCOME FROM SOURCES WITHOUT THE UNITED STATES

           *       *       *       *       *       *       *


Subpart F--Controlled of Foreign Corporations

           *       *       *       *       *       *       *


SEC. 953. INSURANCE INCOME.

  [(a) General Rule.--For purposes of section 952(a)(1), the 
term ``insurance income'' means any income which--
          [(1) is attributable to the issuing (or reinsuring) 
        of any insurance or annuity contract--
                  [(A) in connection with property in, 
                liability arising out of activity in, or in 
                connection with the lives or health of 
                residents of, a country other than the country 
                under the laws of which the controlled foreign 
                corporation is created or organized, or
                  [(B) in connection with risks not described 
                in subparagraph (A) as the result of any 
                arrangement whereby another corporation 
                receives a substantially equal amount of 
                premiums or other consideration in respect of 
                issuing (or reinsuring) a contract described in 
                subparagraph (A), and
          [(2) would (subject to the modifications provided by 
        paragraphs (1) and (2) of subsection (b)) be taxed 
        under subchapter L of this chapter if such income were 
        the income of a domestic insurance company.]
  (a) Insurance Income.--
          (1) In general.--For purposes of section 952(a)(1), 
        the term ``insurance income'' means any income which--
                  (A) is attributable to the issuing (or 
                reinsuring) of an insurance or annuity 
                contract, and
                  (B) would (subject to the modifications 
                provided by subsection (b)) be taxed under 
                subchapter L of this chapterif such income were 
the income of a domestic insurance company.
          (2) Exception.--Such term shall not include any 
        exempt insurance income (as defined in subsection (e)).
  (b) Special Rules.--For purposes of subsection (a)--
          (1) * * *

           *       *       *       *       *       *       *

          (3) Reserves for any insurance or annuity contract 
        shall be determined in the same manner as under section 
        954(i).
          [(3)] (4) All items of income, expenses, losses, and 
        deductions shall be properly allocated or apportioned 
        under regulations prescribed by the Secretary.

           *       *       *       *       *       *       *

  (e) Exempt Insurance Income.--For purposes of this section--
          (1) Exempt insurance income defined.--
                  (A) In general.--The term ``exempt insurance 
                income'' means income derived by a qualifying 
                insurance company which--
                          (i) is attributable to the issuing 
                        (or reinsuring) of an exempt contract 
                        by such company or a qualifying 
                        insurance company branch of such 
                        company; and
                          (ii) is treated as earned by such 
                        company or branch in its home country 
                        for purposes of such country's tax 
                        laws.
                  (B) Exception for certain arrangements.--Such 
                term shall not include income attributable to 
                the issuing (or reinsuring) of an exempt 
                contract as the result of any arrangement 
                whereby another corporation receives a 
                substantially equal amount of premiums or other 
                consideration in respect of issuing (or 
                reinsuring) a contract which is not an exempt 
                contract.
                  (C) Determinations made separately.--For 
                purposes of this subsection and section 954(i), 
                the exempt insurance income and exempt 
                contracts of a qualifying insurance company or 
                any qualifying insurance company branch of such 
                company shall be determined separately for such 
                company and each such branch by taking into 
                account--
                          (i) in the case of the qualifying 
                        insurance company, only items of 
                        income, deduction, gain, or loss, and 
                        activities of such company not properly 
                        allocable or attributable to any 
                        qualifying insurance company branch of 
                        such company; and
                          (ii) in the case of a qualifying 
                        insurance company branch, only items of 
                        income, deduction, gain, or loss and 
                        activities properly allocable or 
                        attributable to such branch.
          (2) Exempt contract.--
                  (A) In general.--The term ``exempt contract'' 
                means an insurance or annuity contract issued 
                or reinsured by a qualifying insurance company 
                or qualifying insurance company branch in 
                connection with property in, liability arising 
                out of activity in, or the lives or health of 
                residents of, a country other than the United 
                States.
                  (B) Minimum home country income required.--
                          (i) In general.--No contract of a 
                        qualifying insurance company or of a 
                        qualifying insurance company branch 
                        shall be treated as an exempt contract 
                        unless such company or branch derives 
                        more than 30 percent of its net written 
                        premiums from exempt contracts 
                        (determined without regard to this 
                        subparagraph)--
                                  (I) which cover applicable 
                                home country risks; and
                                  (II) with respect to which no 
                                policyholder, insured, 
                                annuitant, or beneficiary is a 
                                related person (as defined in 
                                section 954(d)(3)).
                          (ii) Applicable home country risks.--
                        The term ``applicable home country 
                        risks'' means risks in connection with 
                        property in, liability arising out of 
                        activity in, or the lives or health of 
                        residents of, the home country of the 
                        qualifying insurance company or 
                        qualifying insurance company branch, as 
                        the case may be, issuing or reinsuring 
                        the contract covering the risks.
                  (C) Substantial activity requirements for 
                cross border risks.--A contract issued by a 
                qualifying insurance company or qualifying 
                insurance company branch which covers risks 
                other than applicable home country risks (as 
                defined in subparagraph (B)(ii)) shall not be 
                treated as an exempt contract unless such 
                company or branch, as the case may be--
                          (i) conducts substantial activity 
                        with respect to an insurance business 
                        in its home country; and
                          (ii) performs in its home country 
                        substantially all of the activities 
                        necessary to give rise to the income 
                        generated by such contract.
          (3) Qualifying insurance company.--The term 
        ``qualifying insurance company'' means any controlled 
        foreign corporation which--
                  (A) is subject to regulation as an insurance 
                (or reinsurance) company by its home country, 
                and is licensed, authorized, or regulated by 
                the applicable insurance regulatory body for 
                its home country to sell insurance, 
                reinsurance, or annuity contracts to persons 
                other than related persons (within the meaning 
                of section 954(d)(3)) in such home country;
                  (B) derives more than 50 percent of its 
                aggregate net written premiums from the 
                issuance or reinsurance by such controlled 
                foreign corporation and each of its qualifying 
                insurance company branches of contracts--
                          (i) covering applicable home country 
                        risks (as defined in paragraph (2)) of 
                        such corporation or branch, as the case 
                        may be; and
                          (ii) with respect to which no 
                        policyholder, insured, annuitant, or 
                        beneficiary is a related person (as 
                        defined in section 954(d)(3));
                except that in the case of a branch, such 
                premiums shall only be taken into account to 
                the extent such premiums are treated as earned 
                by such branch in its home country for purposes 
                of such country's tax laws; and
                  (C) is engaged in the insurance business and 
                would be subject to tax under subchapter L if 
                it were a domestic corporation.
          (4) Qualifying insurance company branch.--The term 
        ``qualifying insurance company branch'' means a 
        qualified business unit (within the meaning of section 
        989(a)) of a controlled foreign corporation if--
                  (A) such unit is licensed, authorized, or 
                regulated by the applicable insurance 
                regulatory body for its home country to sell 
                insurance, reinsurance, or annuity contracts to 
                persons other than related persons (within the 
                meaning of section 954(d)(3)) in such home 
                country; and
                  (B) such controlled foreign corporation is a 
                qualifying insurance company, determined under 
                paragraph (3) as if such unit were a qualifying 
                insurance company branch.
          (5) Life insurance or annuity contract.--For purposes 
        of this section and section 954, the determination of 
        whether a contract issued by a controlled foreign 
        corporation or a qualified business unit (within the 
        meaning of section 989(a)) is a life insurance contract 
        or an annuity contract shall be made without regard to 
        sections 72(s), 101(f), 817(h), and 7702 if--
                  (A) such contract is regulated as a life 
                insurance or annuity contract by the 
                corporation's or unit's home country; and
                  (B) no policyholder, insured, annuitant, or 
                beneficiary with respect to the contract is a 
                United States person.
          (6) Home country.--For purposes of this subsection, 
        except as provided in regulations--
                  (A) Controlled foreign corporation.--The term 
                ``home country'' means, with respect to a 
                controlled foreign corporation, the country in 
                which such corporation is created or organized.
                  (B) Qualified business unit.--The term ``home 
                country'' means, with respect to a qualified 
                business unit (as defined in section 989(a)), 
                the country in which the principal office of 
                such unit is located and in which such unit is 
                licensed, authorized, or regulated by the 
                applicable insurance regulatory body to sell 
                insurance, reinsurance, or annuity contracts to 
                persons other than related persons (as defined 
                in section 954(d)(3)) in such country.
          (7) Anti-abuse rules.--For purposes of applying this 
        subsection and section 954(i)--
                  (A) the rules of section 954(h)(7) (other 
                than subparagraph (B) thereof) shall apply;
                  (B) there shall be disregarded any item of 
                income, gain, loss, or deduction of, or derived 
                from, an entity which is not engaged in regular 
                and continuous transactions with persons which 
                are not related persons;
                  (C) there shall be disregarded any change in 
                the method of computing reserves a principal 
                purpose of which is the acceleration or 
                deferral of any item in order to claim the 
                benefits of this subsection or section 954(i);
                  (D) a contract of insurance or reinsurance 
                shall not be treated as an exempt contract (and 
                premiums from such contract shall not be taken 
                into account for purposes of paragraph (2)(B) 
                or (3)) if--
                          (i) any policyholder, insured, 
                        annuitant, or beneficiary is a resident 
                        of the United States and such contract 
                        was marketed to such resident and was 
                        written to cover a risk outside the 
                        United States; or
                          (ii) the contract covers risks 
                        located within and without the United 
                        States and the qualifying insurance 
                        company or qualifying insurance company 
                        branch does not maintain such 
                        contemporaneous records, and file such 
                        reports, with respect to such contract 
                        as the Secretary may require;
                  (E) the Secretary may prescribe rules for the 
                allocation of contracts (and income from 
                contracts) among 2 or more qualifying insurance 
                company branches of a qualifying insurance 
                company in order to clearly reflect the income 
                of such branches; and
                  (F) premiums from a contract shall not be 
                taken into account for purposes of paragraph 
                (2)(B) or (3) if such contract reinsures a 
                contract issued or reinsured by a related 
                person (as defined in section 954(d)(3)).
        For purposes of subparagraph (D), the determination of 
        where risks are located shall be made under the 
        principles of section 953.
          (8) Coordination with subsection (c).--In determining 
        insurance income for purposes of subsection (c), exempt 
        insurance income shall not include income derived from 
        exempt contracts which cover risks other than 
        applicable home country risks.
          (9) Regulations.--The Secretary shall prescribe such 
        regulations as may be necessary or appropriate to carry 
        out the purposes of this subsection and section 954(i).
          (10) Application.--This subsection and section 954(i) 
        shall apply only to the first taxable year of a foreign 
        corporation beginning after December 31, 1998, and 
        before January 1, 2000, and to taxable years of United 
        States shareholders with or within which such taxable 
        year of such foreign corporation ends.
          (11) Cross reference.--

          For income exempt from foreign personal holding company 
        income, see section 954(i).

SEC. 954. FOREIGN BASE COMPANY INCOME.

  (a) * * *

           *       *       *       *       *       *       *

  (c) Foreign Personal Holding Company Income.--
          (1) In general.--For purposes of subsection (a)(1), 
        the term ``foreign personal holding company income'' 
        means the portion of the gross income which consists 
        of:
                  (A) Dividends, etc.--Dividends, interest, 
                royalties, rents, and annuities.
                  (B) Certain property transactions.--The 
                excess of gains over losses from the sale or 
                exchange of property--
                          (i) which gives rise to income 
                        described in subparagraph (A) (after 
                        application of paragraph (2)(A)) other 
                        than property which gives rise to 
                        income not treated as foreign personal 
                        holding company income by reason of 
                        subsection (h) or (i) for the taxable 
                        year,
                          (ii) which is an interest in a trust, 
                        partnership, or REMIC, or
                          (iii) which does not give rise to any 
                        income.
                Gains and losses from the sale or exchange of 
                any property which, in the hands of the 
                controlled foreign corporation, is property 
                described in section 1221(1) shall not be taken 
                into account under this subparagraph.

           *       *       *       *       *       *       *

          (2) Exception for certain amounts.--
                  (A) * * *

           *       *       *       *       *       *       *

                  [(C) Exception for dealers.--Except as 
                provided in subparagraph (A), (E), or (G) of 
                paragraph (1) or by regulations, in the case of 
                a regular dealer in property (within the 
                meaning of paragraph (1)(B)), forward 
                contracts, option contracts, or similar 
                financial instruments (including notional 
                principal contracts and all instruments 
                referenced to commodities), there shall not be 
                taken into account in computing foreign 
                personal holding income any item of income, 
                gain, deduction, or loss from any transaction 
                (including hedging transactions) entered into 
                in the ordinary course of such dealer's trade 
                or business as such a dealer.]
                  (C) Exception for dealers.--Except as 
                provided by regulations, in the case of a 
                regular dealer in property which is property 
                described in paragraph (1)(B), forward 
                contracts, option contracts, or similar 
                financial instruments (including notional 
                principal contracts and all instruments 
                referenced to commodities), there shall not be 
                taken into account in computing foreign 
                personal holding company income--
                          (i) any item of income, gain, 
                        deduction, or loss (other than any item 
                        described in subparagraph (A), (E), or 
                        (G) of paragraph (1)) from any 
                        transaction (including hedging 
                        transactions) entered into in the 
                        ordinary course of such dealer's trade 
                        or business as such a dealer, and
                          (ii) if such dealer is a dealer in 
                        securities (within the meaning of 
                        section 475), any interest or dividend 
                        or equivalent amount described in 
                        subparagraph (E) or (G) of paragraph 
                        (1) from any transaction (including any 
                        hedging transaction or transaction 
                        described in section 956(c)(2)(J)) 
                        entered into in the ordinary course of 
                        such dealer's trade or business as such 
                        a dealer in securities, but only if the 
                        income from the transaction is 
                        attributable to activities of the 
                        dealer in the country under the laws of 
                        which the dealer is created or 
                        organized (or in the case of a 
                        qualified business unit described in 
                        section 989(a), is attributable to 
                        activities of the unit in the country 
                        in which the unit both maintains its 
                        principal office and conducts 
                        substantial business activity).

           *       *       *       *       *       *       *

  (e) Foreign Base Company Services Income.--
          (1) * * *
          (2) Exception.--Paragraph (1) shall not apply to 
        income derived in connection with the performance of 
        services which are directly related to--
                  (A) the sale or exchange by the controlled 
                foreign corporation of property manufactured, 
                produced, grown, or extracted by it and which 
                are performed before the time of the sale or 
                exchange, or
                  (B) an offer or effort to sell or exchange 
                such property[, or].
                  [(C) in the case of taxable years described 
                in subsection (h)(9), the active conduct by a 
                controlled foreign corporation of a banking, 
                financing, insurance, or similar business, but 
                only if the corporation is predominantly 
                engaged in the active conduct of such business 
                (within the meaning of subsection (h)(3)) or is 
                a qualifying insurance company.]
        Paragraph (1) shall also not apply to income which is 
        exempt insurance income (as defined in section 953(e)) 
        or which is not treated as foreign personal holding 
        income by reason of subsection (c)(2)(C)(ii), (h), or 
        (i).

           *       *       *       *       *       *       *

  [(h) Special Rule for Income Derived in the Active Conduct of 
Banking, Financing, or Similar Businesses.--
          [(1) In general.--For purposes of subsection (c)(1), 
        foreign personal holding company income shall not 
        include income which is--
                  [(A) derived in the active conduct by a 
                controlled foreign corporation of a banking, 
                financing, or similar business, but only if the 
                corporation is predominantly engaged in the 
                active conduct of such business,
                  [(B) received from a person other than a 
                related person (within the meaning of 
                subsection (d)(3)) and derived from the 
                investments made by a qualifying insurance 
                company of its reserves or of 80 percent of its 
                unearned premiums (as both are determined in 
                the manner prescribed under paragraph (4)), or
                  [(C) received from a person other than a 
                related person (within the meaning of 
                subsection (d)(3)) and derived from investments 
                made by a qualifying insurance company of an 
                amount of its assets equal to--
                          [(i) in the case of contracts 
                        regulated in the country in which sold 
                        as property, casualty, or health 
                        insurance contracts, one-third of its 
                        premiums earned on such insurance 
                        contracts during the taxable year (as 
                        defined in section 832(b)(4), and
                          [(ii) in the case of contracts 
                        regulated in the country in which sold 
                        as life insurance or annuity contracts, 
                        the greater of--
                                  [(I) 10 percent of the 
                                reserves described in 
                                subparagraph (B) for such 
                                contracts, or
                                  [(II) in the case of a 
                                qualifying insurance company 
                                which is a start-up company, 
                                $10,000,000.
          [(2) Principles for determining applicable income.--
                  [(A) Banking and financing income.--The 
                determination as to whether income is described 
                in paragraph (1)(A) shall be made--
                          [(i) except as provided in clause 
                        (ii), in accordance with the applicable 
                        principles of section 904(d)(2)(C)(ii), 
                        except that such income shall include 
                        income from all leases entered into in 
                        the ordinary course of the active 
                        conduct of a banking, financing, or 
                        similar business, and
                          [(ii) in the case of a corporation 
                        described in paragraph (3)(B), in 
                        accordance with the applicable 
                        principles of section 1296(b) (as in 
                        effect on the day before the enactment 
                        of the Taxpayer Relief Act of 1997) for 
                        determining what is not passive income.
                  [(B) Insurance income.--Under rules 
                prescribed by the Secretary, for purposes of 
                paragraphs (1)(B) and (C)--
                          [(i) in the case of contracts which 
                        are separate account-type contracts 
                        (including variable contracts not 
                        meeting the requirements of section 
                        817, only income specifically allocable 
                        to such contracts shall be taken into 
                        account, and
                          [(ii) in the case of other contracts, 
                        income not allocable under clause (i) 
                        shall be allocated ratably among such 
                        contracts.
                  [(C) Look-thru rules.--The Secretary shall 
                prescribe regulations consistent with the 
                principles of section 904(d)(3) which provide 
                that dividends, interest, income equivalent to 
                interest, rents, or royalties received or 
                accrued from a related person (within the 
                meaning of subsection (d)(3)) shall be subject 
                to look-thru treatment for purposes of this 
                subsection.
          [(3) Predominantly engaged.--For purposes of 
        paragraph (1)(A), a corporation shall be deemed 
        predominantly engaged in the active conduct of a 
        banking, financing, or similar business only if--
                  [(A) more than 70 percent of its gross income 
                is derived from such business from transactions 
                with persons which are not related persons (as 
                defined in subsection (d)(3)) and which are 
                located within the country under the laws of 
                which the controlled foreign corporation is 
                created or organized, or
                  [(B) the corporation is--
                          [(i) engaged in the active conduct of 
                        a banking or securities business 
                        (within the meaning of section 1296(b), 
                        as in effect before the enactment of 
                        the Taxpayer Relief Act of 1997), or
                          [(ii) a qualified bank affiliate or a 
                        qualified securities affiliate (within 
                        the meaning of the proposed regulations 
                        under such section 1296(b).
          [(4) Methods for determining unearned premiums and 
        reserves.--For purposes of paragraph (1)(B)--
                  [(A) Property and casualty contracts.--The 
                unearned premiums and reserves of a qualifying 
                insurance company with respect to property, 
                casualty, or health insurance contracts shall 
                be determined using the same methods and 
                interest rates which would be used if such 
                company were subject to tax under subchapter L.
                  [(B) Life insurance and annuity contracts.--
                The reserves of a qualifying insurance company 
                with respect to life insurance or annuity 
                contracts shall be determined under the method 
                described in paragraph (5) which such company 
                elects to apply for purposes of this paragraph. 
                Such election shall be made at such time and in 
                such manner as the Secretary may prescribe and, 
                once made, shall be irrevocable without the 
                consent of the Secretary.
                  [(C) Limitation on reserves.--In no event 
                shall the reserve determined under this 
                paragraph for any contract as of any time 
                exceed the amount which would be taken into 
                account with respect to such contract as of 
                such time in determining foreign annual 
                statement reserves (less any catastrophe or 
                deficiency reserves).
          [(5) Methods.--The methods described in this 
        paragraph are as follows:
                  [(A) U.S. method.--The method which would 
                apply if the qualifying insurance company were 
                subject to tax under subchapter L, except that 
                the interest rate used shall be an interest 
                rate determined for the foreign country in 
                which such company is created or organized and 
                which is calculated in the same manner as the 
                Federal mid-term rate under section 1274(d).
                  [(B) Foreign method.--A preliminary term 
                method, except that the interest rate used 
                shall be the interest rate determined for the 
                foreign country in which such company is 
                created or organized and which is calculated in 
                the same manner as the Federal mid-term rate 
                under section 1274(d). If a qualifying 
                insurance company uses such a preliminary term 
                method with respect to contracts insuring risks 
                located in such foreign country, such method 
                shall apply if such company elects the method 
                under this clause.
                  [(C) Cash surrender value.--A method under 
                which reserves are equal to the net surrender 
                value (as defined in section 807(e)(1)(A) of 
                the contract.
          [(6) Definitions.--For purposes of this subsection--
                  [(A) Terms relating to insurance companies.--
                          [(i) Qualifying insurance company.--
                        The term ``qualifying insurance 
                        company'' means any entity which--
                                  [(I) is subject to regulation 
                                as an insurance company under 
                                the laws of its country of 
                                incorporation,
                                  [(II) realizes at least 50 
                                percent of its net written 
                                premiums from the insurance or 
                                reinsurance of risks located 
                                within the country in which 
                                such entity is created or 
                                organized, and
                                  [(III) is engaged in the 
                                active conduct of an insurance 
                                business and would be subject 
                                to tax under subchapter L if it 
                                were a domestic corporation.
                          [(ii) Start-up company.--A qualifying 
                        insurance company shall be treated as a 
                        start-up company if such company (and 
                        any predecessor) has not been engaged 
                        in the active conduct of an insurance 
                        business for more than 5 years as of 
                        the beginning of the taxable year of 
                        such company.
                  [(B) Located.--For purposes of paragraph 
                (3)(A)--
                          [(i) In general.--A person shall be 
                        treated as located--
                                  [(I) except as provided in 
                                subclause (II), within the 
                                country in which it maintains 
                                an office or other fixed place 
                                of business through which it 
                                engages in a trade or business 
                                and by which the transaction is 
                                effected, or
                                  [(II) in the case of a 
                                natural person, within the 
                                country in which such person is 
                                physically located when such 
                                person enters into a 
                                transaction.
                          [(ii) Special rule for qualified 
                        business units.--Gross income derived 
                        by a corporation's qualified business 
                        unit (within the meaning of section 
                        989(a) from transactions with persons 
                        which are not related persons (as 
                        defined in subsection (d)(3)) and which 
                        are located in the country in which the 
                        qualified business unit both maintains 
                        its principal office and conducts 
                        substantial business activity shall be 
                        treated as derived from transactions 
                        with persons which are not related 
                        persons (as defined in subsection 
                        (d)(3)) and which are located within 
                        the country under the laws of which the 
                        controlled foreign corporation is 
                        created or organized.
          [(7) Anti-abuse rules.--For purposes of applying this 
        subsection, there shall be disregarded any item of 
        income, gain, loss, or deduction with respect to any 
        transaction or series of transactions one of the 
        principal purposes of which is qualifying income or 
        gain for the exclusion under this section, including 
        any change in the method of computing reserves or any 
        other transaction or series of transactions a principal 
        purpose of which is the acceleration or deferral of any 
        item in order to claim the benefits of such exclusion 
        through the application of this subsection.
          [(8) Coordination with section 953.--This subsection 
        shall not apply to investment income allocable to 
        contracts that insure related party risks or risks 
        located in a foreign countryother than the country in 
which the qualifying insurance company is created or organized.
          [(9) Application.--This subsection shall apply to the 
        first full taxable year of a foreign corporation 
        beginning after December 31, 1997, and before January 
        1, 1999, and to taxable years of United States 
        shareholders with or within which such taxable year of 
        such foreign corporation ends.]
  (h) Special Rule for Income Derived in the Active Conduct of 
Banking, Financing, or Similar Businesses.--
          (1) In general.--For purposes of subsection (c)(1), 
        foreign personal holding company income shall not 
        include qualified banking or financing income of an 
        eligible controlled foreign corporation.
          (2) Eligible controlled foreign corporation.--For 
        purposes of this subsection--
                  (A) In general.--The term ``eligible 
                controlled foreign corporation'' means a 
                controlled foreign corporation which--
                          (i) is predominantly engaged in the 
                        active conduct of a banking, financing, 
                        or similar business, and
                          (ii) conducts substantial activity 
                        with respect to such business.
                  (B) Predominantly engaged.--A controlled 
                foreign corporation shall be treated as 
                predominantly engaged in the active conduct of 
                a banking, financing, or similar business if--
                          (i) more than 70 percent of the gross 
                        income of the controlled foreign 
                        corporation is derived directly from 
                        the active and regular conduct of a 
                        lending or finance business from 
                        transactions with customers which are 
                        not related persons,
                          (ii) it is engaged in the active 
                        conduct of a banking business and is an 
                        institution licensed to do business as 
                        a bank in the United States (or is any 
                        other corporation not so licensed which 
                        is specified by the Secretary in 
                        regulations), or
                          (iii) it is engaged in the active 
                        conduct of a securities business and is 
                        registered as a securities broker or 
                        dealer under section 15(a) of the 
                        Securities Exchange Act of 1934 or is 
                        registered as a Government securities 
                        broker or dealer under section 15C(a) 
                        of such Act (or is any other 
                        corporation not so registered which is 
                        specified by the Secretary in 
                        regulations).
          (3) Qualified banking or financing income.--For 
        purposes of this subsection--
                  (A) In general.--The term ``qualified banking 
                or financing income'' means income of an 
                eligible controlled foreign corporation which--
                          (i) is derived in the active conduct 
                        of a banking, financing, or similar 
                        business by--
                                  (I) such eligible controlled 
                                foreign corporation, or
                                  (II) a qualified business 
                                unit of such eligible 
                                controlled foreign corporation;
                          (ii) is derived from one or more 
                        transactions--
                                  (I) with customers located in 
                                a country other than the United 
                                States, and
                                  (II) substantially all of the 
                                activities in connection with 
                                which are conducted directly by 
                                the corporation or unit in its 
                                home country; and
                          (iii) is treated as earned by such 
                        corporation or unit in its home country 
                        for purposes of such country's tax 
                        laws.
                  (B) Limitation on nonbanking and 
                nonsecurities businesses.--No income of an 
                eligible controlled foreign corporation not 
                described in clause (ii) or (iii) of paragraph 
                (2)(B) (or of a qualified business unit of such 
                corporation) shall be treated as qualified 
                banking or financing income unless more than 30 
                percent of such corporation's or unit's gross 
                income is derived directly from the active and 
                regular conduct of a lending or finance 
                business from transactions with customers which 
                are not related persons and which are located 
                within such corporation's or unit's home 
                country.
                  (C) Substantial activity requirement for 
                cross border income.--The term ``qualified 
                banking or financing income'' shall not include 
                income derived from 1 or more transactions with 
                customers located in a country other than the 
                home country of the eligible controlled foreign 
                corporation or a qualified business unit of 
                such corporation unless such corporation or 
                unit conducts substantial activity with respect 
                to a banking, financing, or similar business in 
                its home country.
                  (D) Determinations made separately.--For 
                purposes of this paragraph, the qualified 
                banking or financing income of an eligible 
                controlled foreign corporation and each 
                qualified business unit of such corporation 
                shall be determined separately for such 
                corporation and each such unit by taking into 
                account--
                          (i) in the case of the eligible 
                        controlled foreign corporation, only 
                        items of income, deduction, gain, or 
                        loss and activities of such corporation 
                        not properly allocable or attributable 
                        to any qualified business unit of such 
                        corporation; and
                          (ii) in the case of a qualified 
                        business unit, only items of income, 
                        deduction, gain, or loss and activities 
                        properly allocable or attributable to 
                        such unit.
          (4) Lending or finance business.--For purposes of 
        this subsection, the term ``lending or finance 
        business'' means the business of--
                  (A) making loans;
                  (B) purchasing or discounting accounts 
                receivable, notes, or installment obligations;
                  (C) engaging in leasing (including entering 
                into leases and purchasing, servicing, and 
                disposing of leases and leased assets);
                  (D) issuing letters of credit or providing 
                guarantees;
                  (E) providing charge and credit card 
                services; or
                  (F) rendering services or making facilities 
                available in connection with activities 
                described in subparagraphs (A) through (E) 
                carried on by--
                          (i) the corporation (or qualified 
                        business unit) rendering services or 
                        making facilities available; or
                          (ii) another corporation (or 
                        qualified business unit of a 
                        corporation) which is a member of the 
                        same affiliated group (as defined in 
                        section 1504, but determined without 
                        regard to section 1504(b)(3)).
          (5) Other definitions.--For purposes of this 
        subsection--
                  (A) Customer.--The term ``customer'' means, 
                with respect to any controlled foreign 
                corporation or qualified business unit, any 
                person which has a customer relationship with 
                such corporation or unit and which is acting in 
                its capacity as such.
                  (B) Home country.--Except as provided in 
                regulations--
                          (i) Controlled foreign corporation.--
                        The term ``home country'' means, with 
                        respect to any controlled foreign 
                        corporation, the country under the laws 
                        of which the corporation was created or 
                        organized.
                          (ii) Qualified business unit.--The 
                        term ``home country'' means, with 
                        respect to any qualified business unit, 
                        the country in which such unit 
                        maintains its principal office.
                  (C) Located.--The determination of where a 
                customer is located shall be made under rules 
                prescribed by the Secretary.
                  (D) Qualified business unit.--The term 
                ``qualified business unit'' has the meaning 
                given such term by section 989(a).
                  (E) Related person.--The term ``related 
                person'' has the meaning given such term by 
                subsection (d)(3).
          (6) Coordination with exception for dealers.--
        Paragraph (1) shall not apply to income described in 
        subsection (c)(2)(C)(ii) of a dealer in securities 
        (within the meaning of section 475) which is an 
        eligible controlled foreign corporation described in 
        paragraph (2)(B)(iii).
          (7) Anti-abuse rules.--For purposes of applying this 
        subsection and subsection (c)(2)(C)(ii)--
                  (A) there shall be disregarded any item of 
                income, gain, loss, or deduction with respect 
                to any transaction or series of transactions 
                one of the principal purposes of which is 
                qualifying income or gain for the exclusion 
                under this section, including any transaction 
                or series of transactions a principal purpose 
                of which is the acceleration or deferral of any 
                item in order to claim the benefits of such 
                exclusion through the application of this 
                subsection;
                  (B) there shall be disregarded any item of 
                income, gain, loss, or deduction of an entity 
                which is not engaged in regular and continuous 
                transactions with customers which are not 
                related persons;
                  (C) there shall be disregarded any item of 
                income, gain, loss, or deduction with respect 
                to any transaction or series of transactions 
                utilizing, or doing business with--
                          (i) one or more entities in order to 
                        satisfy any home country requirement 
                        under this subsection, or
                          (ii) a special purpose entity or 
                        arrangement, including a 
                        securitization, financing, or similar 
                        entity or arrangement,
                if one of the principal purposes of such 
                transaction or series of transactions is 
                qualifying income or gain for the exclusion 
                under this subsection; and
                  (D) a related person, an officer, a director, 
                or an employee with respect to any controlled 
                foreign corporation (or qualified business 
                unit) which would otherwise be treated as a 
                customer of such corporation or unit with 
                respect to any transaction shall not be so 
                treated if a principal purpose of such 
                transaction is to satisfy any requirement of 
                this subsection.
          (8) Regulations.--The Secretary shall prescribe such 
        regulations as may be necessary or appropriate to carry 
        out the purposes of this subsection, subsection 
        (c)(1)(B)(i), subsection (c)(2)(C)(ii), and the last 
        sentence of subsection (e)(2).
          (9) Application.--This subsection, subsection 
        (c)(2)(C)(ii), and the last sentence of subsection 
        (e)(2) shall apply only to the first taxable year of a 
        foreign corporation beginning after December 31, 1998, 
        and before January 1, 2000, and to taxable years of 
        United States shareholders with or within which such 
        taxable year of such foreign corporation ends.
  (i) Special Rule for Income Derived in the Active Conduct of 
Insurance Business.--
          (1) In general.--For purposes of subsection (c)(1), 
        foreign personal holding company income shall not 
        include qualified insurance income of a qualifying 
        insurance company.
          (2) Qualified insurance income.--The term ``qualified 
        insurance income'' means income of a qualifying 
        insurance company which is--
                  (A) received from a person other than a 
                related person (within the meaning of 
                subsection (d)(3)) and derived from the 
                investments made by a qualifying insurance 
                company or a qualifying insurance company 
                branch of its reserves allocable to exempt 
                contracts or of 80 percent of its unearned 
                premiums from exempt contracts (as both are 
                determined in the manner prescribed under 
                paragraph (4)), or
                  (B) received from a person other than a 
                related person (within the meaning of 
                subsection (d)(3)) and derived from investments 
                made by a qualifying insurance company or a 
                qualifying insurance company branch of an 
                amount of its assets allocable to exempt 
                contracts equal to--
                          (i) in the case of property, 
                        casualty, or health insurance 
                        contracts, one-third of its premiums 
                        earned on such insurance contracts 
                        during the taxable year (as defined in 
                        section 832(b)(4)), and
                          (ii) in the case of life insurance or 
                        annuity contracts, 10 percent of the 
                        reserves described in subparagraph (A) 
                        for such contracts.
          (3) Principles for determining insurance income.--
        Except as provided by the Secretary, for purposes of 
        subparagraphs (A) and (B) of paragraph (2)--
                  (A) in the case of any contract which is a 
                separate account-type contract (including any 
                variable contract not meeting the requirements 
                of section 817), income credited under such 
                contract shall be allocable only to such 
                contract, and
                  (B) income not allocable under subparagraph 
                (A) shall be allocated ratably among contracts 
                not described in subparagraph (A).
          (4) Methods for determining unearned premiums and 
        reserves.--For purposes of paragraph (2)(A)--
                  (A) Property and casualty contracts.--The 
                unearned premiums and reserves of a qualifying 
                insurance company or a qualifying insurance 
                company branch with respect to property, 
                casualty, or health insurance contracts shall 
                be determined using the same methods and 
                interest rates which would be used if such 
                company or branch were subject to tax under 
                subchapter L, except that--
                          (i) the interest rate determined for 
                        the functional currency of the company 
                        or branch, and which, except as 
                        provided by the Secretary, is 
                        calculated in the same manner as the 
                        Federal mid-term rate under section 
                        1274(d), shall be substituted for the 
                        applicable Federal interest rate, and
                          (ii) such company or branch shall use 
                        the appropriate foreign loss payment 
                        pattern.
                  (B) Life insurance and annuity contracts.--
                The amount of the reserve of a qualifying 
                insurance company or qualifying insurance 
                company branch for any life insurance or 
                annuity contract shall be equal to the greater 
                of--
                          (i) the net surrender value of such 
                        contract (as defined in section 
                        807(e)(1)(A)), or
                          (ii) the reserve determined under 
                        paragraph (5).
                  (C) Limitation on reserves.--In no event 
                shall the reserve determined under this 
                paragraph for any contract as of any time 
                exceed the amount which would be taken into 
                account with respect to such contract as of 
                such time in determining foreign statement 
                reserves (less any catastrophe, deficiency, 
                equalization, or similar reserves).
          (5) Amount of reserve.--The amount of the reserve 
        determined under this paragraph with respect to any 
        contract shall be determined in the same manner as it 
        would be determined if the qualifying insurance company 
        or qualifying insurance company branch were subject to 
        tax under subchapter L, except that in applying such 
        subchapter--
                  (A) the interest rate determined for the 
                functional currency of the company or branch, 
                and which, except as provided by the Secretary, 
                is calculated in the same manner as the Federal 
                mid-term rate under section 1274(d), shall be 
                substituted for the applicable Federal interest 
                rate;
                  (B) the highest assumed interest rate 
                permitted to be used in determining foreign 
                statement reserves shall be substituted for the 
                prevailing State assumed interest rate; and
                  (C) tables for mortality and morbidity which 
                reasonably reflect the current mortality and 
                morbidity risks in the company's or branch's 
                home country shall be substituted for the 
                mortality and morbidity tables otherwise used 
                for such subchapter.
        The Secretary may provide that the interest rate and 
        mortality and morbidity tables of a qualifying 
        insurance company may be used for 1 or more of its 
        qualifying insurance company branches when appropriate.
          (6) Definitions.--For purposes of this subsection, 
        any term used in this subsection which is also used in 
        section 953(e) shall have the meaning given such term 
        by section 953.

           *       *       *       *       *       *       *


Subtitle B--Estate and Gift Taxes

           *       *       *       *       *       *       *


CHAPTER 11--ESTATE TAX

           *       *       *       *       *       *       *


Subchapter A--Estates of Citizens or Residents

           *       *       *       *       *       *       *


PART I--TAX IMPOSED

           *       *       *       *       *       *       *


SEC. 2001. IMPOSITION AND RATE OF TAX.

  (a) * * *

           *       *       *       *       *       *       *

  (f) Valuation of Gifts.--
          (1) * * *
          (2) Final determination.--For purposes of paragraph 
        (1), a value shall be treated as finally determined for 
        purposes of chapter 12 if--
                  (A) * * *

           *       *       *       *       *       *       *

        For purposes of subparagraph (A), the value of an item 
        shall be treated as shown on a return if the item is 
        disclosed in the return, or in a statement attached to 
        the return, in a manner adequate to apprise the 
        Secretary of the nature of such item.

           *       *       *       *       *       *       *


PART III--GROSS ESTATE

           *       *       *       *       *       *       *


SEC. 2031. DEFINITION OF GROSS ESTATE.

  (a) * * *

           *       *       *       *       *       *       *

  (c) Estate Tax With Respect to Land Subject to a Qualified 
Conservation Easement.--
          (1) * * *

           *       *       *       *       *       *       *

          (10) 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 2033A(e)(3)] section 2057(e)(3).

           *       *       *       *       *       *       *


Subtitle F--Procedure and Administration

           *       *       *       *       *       *       *


CHAPTER 61--INFORMATION AND RETURNS

           *       *       *       *       *       *       *


Subchapter A--Returns and Records

           *       *       *       *       *       *       *


PART II--TAX RETURNS OR STATEMENTS

           *       *       *       *       *       *       *


Subpart B--Income Tax Returns

           *       *       *       *       *       *       *


SEC. 6015. RELIEF FROM JOINT AND SEVERAL LIABILITY ON JOINT RETURN.

  (a) * * *

           *       *       *       *       *       *       *

  (e) Petition for Review by Tax Court.--
          (1) * * *

           *       *       *       *       *       *       *

          (3) Applicable rules.--
                  (A) Allowance of credit or refund.--Except as 
                provided in subparagraph (B), notwithstanding 
                any other law or rule of law (other than 
                section 6512(b), 7121, or 7122), credit or 
                refund shall be allowed or made to the extent 
                attributable to the application [of this 
                section] of subsection (b) or (f).

           *       *       *       *       *       *       *


PART III--INFORMATION RETURNS

           *       *       *       *       *       *       *


Subpart A--General Requirement

           *       *       *       *       *       *       *


SEC. 6033. RETURNS BY EXEMPT ORGANIZATIONS.

  (a) * * *

           *       *       *       *       *       *       *

  (c) Additional Provisions Relating to Private Foundations.--
In the case of an organization which is a private foundation 
(within the meaning of section 509(a))--
          (1) the Secretary shall by regulations provide that 
        the private foundation shall include in its annual 
        return under this section such information (not 
        required to be furnished by subsection (b) or the forms 
        or regulations prescribed thereunder) as would have 
        been required to be furnished under section 6056 
        (relating to annual reports by private foundations) as 
        such section 6056 was in effect on January 1, 1979, and
          [(2) a copy of the notice required by section 6104(d) 
        (relating to public inspection of private foundations' 
        annual returns), together with proof of publication 
        thereof, shall be filed by the foundation together with 
        the annual return under this section, and]
          [(3)] (2) the foundation managers shall furnish 
        copies of the annual return under this section to such 
        State officials, at such times, and under such 
        conditions, as the Secretary may by regulations 
        prescribe.

           *       *       *       *       *       *       *


Subchapter B--Extensions of Time For Payment

           *       *       *       *       *       *       *


SEC. 6103. CONFIDENTIALITY AND DISCLOSURE OF RETURNS AND RETURN 
                    INFORMATION.

  (a) * * *

           *       *       *       *       *       *       *

  (h) Disclosure to Certain Federal Officers and Employees for 
Purposes of Tax Administration, Etc.--
          (1) * * *

           *       *       *       *       *       *       *

          [(5)] (6) Internal Revenue Service Oversight Board.--
                  (A) In general.--Notwithstanding paragraph 
                (1), and except as provided in subparagraph 
                (B), no return or return information may be 
                disclosed to any member of the Oversight Board 
                described in subparagraph (A) or (D) of section 
                7802(b)(1) or to any employee or detailee of 
                such Board by reason of their service with the 
                Board. Any request for information not 
                permitted to be disclosed under the preceding 
                sentence, and any contact relating to a 
                specific taxpayer, made by any such individual 
                to an officer or employee of the Internal 
                Revenue Service shall be reported by such 
                officer or employee to the Secretary, the 
                Treasury Inspector General for Tax 
                Administration, and the Joint Committee on 
                Taxation.

           *       *       *       *       *       *       *

  (j) Statistical Use.--
          (1) * * *

           *       *       *       *       *       *       *

          (5) Department of agriculture.--Upon request in 
        writing by the Secretary of Agriculture, the Secretary 
        shall furnish such returns, or return information 
        reflected thereon, as the Secretary may prescribe by 
        regulation to officers and employees of the Department 
        of Agriculture whose official duties require access to 
        such returns or information for the purpose of, but 
        only to the extent necessary in, structuring, 
        preparing, and conducting the census of agriculture 
        pursuant to the Census of Agriculture Act of 1997 
        (Public Law 105-113).

           *       *       *       *       *       *       *

  (l) Disclosure of Returns and Return Information for Purposes 
Other Than Tax Administration.--
          (1) * * *

           *       *       *       *       *       *       *

          (13) Disclosure of return information to carry out 
        income contingent repayment of student loans.--
                  (A) * * *

           *       *       *       *       *       *       *

                  (D) Termination.--This paragraph shall not 
                apply to any request made after September 30, 
                [1998] 2003.

           *       *       *       *       *       *       *

  (p) Procedure and Recordkeeping.--
          (1) * * *

           *       *       *       *       *       *       *

          (3) Records of inspection and disclosure.--
                  (A) System of recordkeeping.--Except as 
                otherwise provided by this paragraph, the 
                Secretary shall maintain a permanent system of 
                standardized records or accountings of all 
                requests for inspection or disclosure of 
                returns and return information (including the 
                reasons for and dates of such requests) and of 
                returns and return information inspected or 
                disclosed under this section. Notwithstanding 
                the provisions of section 552a(c) of title 5, 
                United States Code, the Secretary shall not be 
                required to maintain a record or accounting of 
                requests for inspection or disclosure of 
                returns and return information, or of returns 
                and return information inspected or disclosed, 
                under the authority of subsections (c), (e), 
                (f)(5), (h)(1), (3)(A), or (4), (i)(4), or 
                (7)(A)(ii), (k)(1), (2), (6), (8), or (9) 
                (l)(1), (4)(B), (5), (7), (8), (9), (10), (11), 
                (12), (13), (14), (15), (16), or (17) (m) or 
                (n). The records or accountings required to be 
                maintained under this paragraph shall be 
                available for examination by the Joint 
                Committee on Taxation or the Chief of Staff of 
                such joint committee. Such record or accounting 
                shall also be available for examination by such 
                person or persons as may be, but only to the 
                extent, authorized to make such examination 
                under section 552a(c)(3) of title 5, United 
                States Code.

           *       *       *       *       *       *       *

          (4) Safeguards.--Any Federal agency described in 
        subsection (h)(2), (h)(5), (i)(1), (2), (3), or (5), 
        [(j)(1) or (2)] (j)(1), (2), or (5), (k)(8), (l)(1), 
        (2), (3), (5), (11), (13), (14), or (17) or (o)(1), the 
        General Accounting Office, or any agency, body, or 
        commission described in subsection (d), (i)(3)(B)(i) or 
        (l)(6), (7), (8), (9), (10), (12) or (15) shall, as a 
        condition for receiving returns or return information--
                  (A) * * *

           *       *       *       *       *       *       *

                  (F) upon completion of use of such returns or 
                return information--
                          (i) * * *
                          (ii) in the case of an agency 
                        described in subsections (h)(2), 
                        (h)(5), (i)(1), (2), (3), or (5), 
                        [(j)(1) or (2)] (j)(1), (2), or (5), 
                        (k)(8), (l)(1), (2), (3), (5), (10), 
                        (11), (12), (13), (14), (15), or (17) 
                        or (o)(1), or the General Accounting 
                        Office, either--
                                  (I) * * *

           *       *       *       *       *       *       *


SEC. 6104. PUBLICITY OF INFORMATION REQUIRED FROM CERTAIN EXEMPT 
                    ORGANIZATIONS AND CERTAIN TRUSTS.

  (a) * * *

           *       *       *       *       *       *       *

  [(d) Public Inspection of Private Foundations' Annual 
Returns.--The annual return required to be filed under section 
6033 (relating to returns by exempt organizations) by any 
organization which is a private foundation within the meaning 
of section 509(a) shall be made available by the foundation 
managers for inspection at the principal office of the 
foundation during regular business hours by any citizen on 
request made within 180 days after the date of the publication 
of notice of its availability. Such notice shall be published, 
not later than the day prescribed for filing such annual return 
(determined with regard to any extension of time for filing), 
in a newspaper having general circulation in the county in 
which the principal office of the private foundation is 
located. The notice shall state that the annual return of the 
private foundation is available at its principal office for 
inspection during regular business hours by any citizen who 
requests it within 180 days after the date of such publication, 
and shall state the address and the telephone number of the 
private foundation's principal office and the name of its 
principal manager.
  [(e) Public Inspection of Certain Annual Returns and 
Applications for Exemption.--
          [(1) Annual returns.--
                  [(A) In general.--During the 3-year period 
                beginning on the filing date--
                          [(i) a copy of the annual return 
                        filed under section 6033 (relating to 
                        returns by exempt organizations) by any 
                        organization to which this paragraph 
                        applies shall be made available by such 
                        organization for inspection during 
                        regular business hours by any 
                        individual at the principal office of 
                        such organization and, if such 
                        organization regularly maintains 1 or 
                        more regional or district offices 
                        having 3 or more employees, at each 
                        such regional or district office, and
                          [(ii) upon request of an individual 
                        made at such principal office or such a 
                        regional or district office, a copy of 
                        such annual return shall be provided to 
                        such individual without charge other 
                        than a reasonable fee for any 
                        reproduction and mailing costs.
        The request described in clause (ii) must be made in 
        person or in writing. If the request under clause (ii) 
        is made in person, such copy shall be provided 
        immediately and, if made in writing, shall be provided 
        within 30 days.
                  [(B) Organizations to which paragraph 
                applies.--This paragraph shall apply to any 
                organization which--
                          [(i) is described in subsection (c) 
                        or (d) of section 501 and exempt from 
                        taxation under section 501(a), and
                          [(ii) is not a private foundation 
                        (within the meaning of section 509(a)).
                  [(C) Nondisclosure of contributors.--
                Subparagraph (A) shall not require the 
                disclosure of the name or address of any 
                contributor to the organization. In the case of 
                an organization described in section 501(d), 
                subparagraph (A) shall not require the 
                disclosure of the copies referred to in section 
                6031(b) with respect to such organization.
                  [(D) Filing date.--For purposes of 
                subparagraph (A), the term ``filing date'' 
                means the last day prescribed for filing the 
                return under section 6033 (determined with 
                regard to any extension of time for filing).
          [(2) Application for exemption.--
                  [(A) In general.--If--
                          [(i) an organization described in 
                        subsection (c) or (d) of section 501 is 
                        exempt from taxation under section 
                        501(a), and
                          [(ii) such organization filed an 
                        application for recognition of 
                        exemption under section 501, a copy of 
                        such application (together with a copy 
                        of any papers submitted in support of 
                        such application and any letter or 
                        other document issued by the Internal 
                        Revenue Service with respect to such 
                        application) shall be made available by 
                        the organization for inspection during 
                        regular business hours by any 
                        individual at the principal office of 
                        the organization and, if the 
                        organization regularly maintains 1 or 
                        more regional or district offices 
                        having 3 or more employees, at each 
                        such regional or district office (and, 
                        upon request of an individual made at 
                        such principal office or such a 
                        regional or district office, a copy of 
                        the material requested to be available 
                        for inspection under this subparagraph 
                        shall be provided (in accordance with 
                        the last sentence of paragraph (1)(A)) 
                        to such individual without charge other 
                        than reasonable fee for any 
                        reproduction and mailing costs).
                  [(B) Nondisclosure of certain information.--
                Subparagraph (A) shall not require the 
                disclosure of any information if the Secretary 
                withheld such information from public 
                inspection under subsection (a)(1)(D).
          [(3) Limitation.--Paragraph (1)(A)(ii) (and the 
        corresponding provision of paragraph (2)) shall not 
        apply to any request if, in accordance with regulations 
        promulgated by the Secretary, the organization has made 
        the requested documents widely available, or, the 
        Secretary determines, upon application by an 
        organization, that such request is part of a harassment 
        campaign and that compliance with such request is not 
        in the public interest.]
  (d) Public Inspection of Certain Annual Returns and 
Applications for Exemption.--
          (1) In general.--In the case of an organization 
        described in subsection (c) or (d) of section 501 and 
        exempt from taxation under section 501(a)--
                  (A) a copy of--
                          (i) the annual return filed under 
                        section 6033 (relating to returns by 
                        exempt organizations) by such 
                        organization, and
                          (ii) if the organization filed an 
                        application for recognition of 
                        exemption under section 501, the exempt 
                        status application materials of such 
                        organization,
                shall be made available by such organization 
                for inspection during regular business hours by 
                any individual at the principal office of such 
                organization and, if such organization 
                regularly maintains 1 or more regional or 
                district offices having 3 or more employees, at 
                each such regional or district office, and
                  (B) upon request of an individual made at 
                such principal office or such a regional or 
                district office, a copy of such annual return 
                and exempt status application materials shall 
                be provided to such individual without charge 
                other than a reasonable fee for any 
                reproduction and mailing costs.
        The request described in subparagraph (B) must be made 
        in person or in writing. If such request is made in 
        person, such copy shall be provided immediately and, if 
        made in writing, shall be provided within 30 days.
          (2) 3-year limitation on inspection of returns.--
        Paragraph (1) shall apply to an annual return filed 
        under section 6033 only during the 3-year period 
        beginning on the last day prescribed for filing such 
        return (determined with regard to any extension of time 
        for filing).
          (3) Exceptions from disclosure requirement.--
                  (A) Nondisclosure of contributors, etc.--
                Paragraph (1) shall not require the disclosure 
                of the name or address of any contributor to 
                the organization. In the case of an 
                organization described in section 501(d), 
                paragraph (1) shall not require the disclosure 
                of the copies referred to in section 6031(b) 
                with respect to such organization.
                  (B) Nondisclosure of certain other 
                information.--Paragraph (1) shall not require 
                the disclosure of any information if the 
                Secretary withheld such information from public 
                inspection under subsection (a)(1)(D).
          (4) Limitation on providing copies.--Paragraph (1)(B) 
        shall not apply to any request if, in accordance with 
        regulations promulgated by the Secretary, the 
        organization has made the requested documents widely 
        available, or the Secretary determines, upon 
        application by an organization, that such request is 
        part of a harassment campaign and that compliance with 
        such request is not in the public interest.
          (5) Exempt status application materials.--For 
        purposes of paragraph (1), the term ``exempt status 
        applicable materials'' means the application for 
        recognition of exemption under section 501 and any 
        papers submitted in support of such application and any 
        letter or other document issued by the Internal Revenue 
        Service with respect to such application.

           *       *       *       *       *       *       *


SEC. 6159. AGREEMENTS FOR PAYMENT OF TAX LIABILITY IN INSTALLMENTS.

  (a) * * *

           *       *       *       *       *       *       *

  [(d)] (e) Cross Reference.--

          For rights to administrative review and appeal, see section 
        7122(d).

           *       *       *       *       *       *       *


CHAPTER 64--COLLECTION

           *       *       *       *       *       *       *


Subchapter B--Receipt of Payment

           *       *       *       *       *       *       *


SEC. 6311. PAYMENT OF TAX BY COMMERCIALLY ACCEPTABLE MEANS.

  (a) * * *

           *       *       *       *       *       *       *

  (d) Payment by Other Means.--
          (1) * * *
          (2) Authority to enter into contracts.--
        Notwithstanding section 3718(f) of title 31, United 
        States Code, the Secretary is authorized to enter into 
        contracts to obtain servicesrelated to receiving 
payment by other means where cost beneficial to the Government. The 
Secretary may not pay any fee or provide any other consideration [under 
such contracts] under any such contract for the use of credit, debit, 
or charge cards for the payment of taxes imposed by subtitle A.

           *       *       *       *       *       *       *


CHAPTER 65--ABATEMENTS, CREDITS, AND REFUNDS

           *       *       *       *       *       *       *


Subchapter A--Procedure in General

           *       *       *       *       *       *       *


SEC. 6404. ABATEMENTS.

  (a) * * *

           *       *       *       *       *       *       *

  (h) Abatement of Interest on Underpayments by Taxpayers in 
Presidentially Declared Disaster Areas.--
          (1) * * *
          (2) Presidentially declared disaster area.--For 
        purposes of paragraph (1), the term ``Presidentially 
        declared disaster area'' means, with respect to any 
        taxpayer, any area which the President has determined 
        warrants assistance by the Federal Government under the 
        Robert T. Stafford Disaster Relief and Emergency 
        Assistance Act.

           *       *       *       *       *       *       *


 CHAPTER 68--ADDITIONS TO THE TAX, ADDITIONAL AMOUNTS, AND ASSESSABLE 
PENALTIES

           *       *       *       *       *       *       *


Subchapter A--Additions to the Tax and Additional Amounts

           *       *       *       *       *       *       *


PART I--GENERAL PROVISIONS

           *       *       *       *       *       *       *


SEC. 6652. FAILURE TO FILE CERTAIN INFORMATION RETURNS, REGISTRATION 
                    STATEMENTS, ETC.

  (a) * * *

           *       *       *       *       *       *       *

  (c) Returns by Exempt Organizations and by Certain Trusts.--
          (1) Annual returns under section 6033.--
                  (A) * * *

           *       *       *       *       *       *       *

                  (C) Public Inspection of Annual Returns.--In 
                the case of a failure to comply with the 
                requirements of [subsection (d) or (e)(1) of 
                section 6104 (relating to public inspection of 
                annual returns)] section 6104(d) with respect 
                to any annual return on the date and in the 
                manner prescribed therefor (determined with 
                regard to any extension of time for filing), 
                there shall be paid by the person failing to 
                meet such requirements $20 for each day during 
                which such failure continues. The maximum 
                penalty imposed under this subparagraph on all 
                persons for failures with respect to any 1 
                return shall not exceed $10,000.
                  (D) Public inspection of applications for 
                exemption.--In the case of a failure to comply 
                with the requirements of [section 6104(e)(2) 
                (relating to public inspection of applications 
                for exemption)] section 6104(d) with respect to 
                any exempt status application materials (as 
                defined in such section) on the date and in the 
                manner prescribed therefor, there shall be paid 
                by the person failing to meet such requirements 
                $20 for each day during which such failure 
                continues.

           *       *       *       *       *       *       *


SEC. 6654. FAILURE BY INDIVIDUAL TO PAY ESTIMATED INCOME TAX.

  (a) * * *

           *       *       *       *       *       *       *

  (d) Amount of Required Installments.--For purposes of this 
section--
          (1) Amount.--
                  (A) * * *

           *       *       *       *       *       *       *

                  (C) Limitation on use of preceding year's 
                tax.--
                          (i) In general.--If the adjusted 
                        gross income shown on the return of the 
                        individual for the preceding taxable 
                        year beginning in any calendar year 
                        exceeds $150,000, clause (ii) of 
                        subparagraph (B) shall be applied by 
                        substituting the applicable percentage 
                        for ``100 percent''. For purposes of 
                        the preceding sentence, the applicable 
                        percentage shall be determined in 
                        accordance with the following table:

        If the preceding taxable                          The applicable
        year begins in:                                   percentage is:
           [1998, 1999, or 2000...............................      105]
          1998................................................      105 
          1999 or 2000........................................      106 
          2001................................................      112 
          2002 or thereafter..................................      110.

                        This clause shall not apply in the case 
                        of a preceding taxable year beginning 
                        in calendar year 1997.

           *       *       *       *       *       *       *


Subchapter B--Assessable Penalties

           *       *       *       *       *       *       *


PART I--GENERAL PROVISIONS

           *       *       *       *       *       *       *


SEC. 6685. ASSESSABLE PENALTY WITH RESPECT TO PUBLIC INSPECTION 
                    REQUIREMENTS FOR CERTAIN TAX-EXEMPT ORGANIZATIONS.

  In addition to the penalty imposed by section 7207 (relating 
to fraudulent returns, statements, or other documents), any 
person who is required to comply with the requirements of 
subsection (d) [or (e)] of section 6104 and who fails to so 
comply with respect to any return or application, if such 
failure is willful, shall pay a penalty of $5,000 with respect 
to each such return or application.

           *       *       *       *       *       *       *


SEC. 6693. FAILURE TO PROVIDE REPORTS ON CERTAIN TAX-FAVORED ACCOUNTS 
                    OR ANNUITIES; PENALTIES RELATING TO DESIGNATED 
                    NONDEDUCTIBLE CONTRIBUTIONS

  (a) Reports.--
          (1) * * *
          (2) Provisions.--The provisions referred to in this 
        paragraph are--
                  (A) subsections (i) and (l) of section 408 
                (relating to individual retirement plans),
                  (B) section 220(h) (relating to medical 
                savings accounts),
                  (C) [Section] section 529(d) (relating to 
                qualified State tuition programs), and
                  (D) [Section] section 530(h) (relating to 
                education individual retirement accounts).

           *       *       *       *       *       *       *


CHAPTER 75--CRIMES, OTHER OFFENSES, AND FORFEITURES

           *       *       *       *       *       *       *


Subchapter A--Crimes

           *       *       *       *       *       *       *


PART I--GENERAL PROVISIONS

           *       *       *       *       *       *       *


SEC. 7207. FRAUDULENT RETURNS, STATEMENTS, OR OTHER DOCUMENTS.

  Any person who willfully delivers or discloses to the 
Secretary any list, return, account, statement, or other 
document, known by him to be fraudulent or to be false as to 
any material matter, shall be fined not more than $10,000 
($50,000 in the case of a corporation), or imprisoned not more 
than 1 year, or both. Any person required pursuant to 
subsection (b) of section 6047 or pursuant to subsection (d) 
[or (e)] of section 6104 to furnish any information to the 
Secretary or any other person who willfully furnishes to the 
Secretary or such other person any information known by him to 
be fraudulent or to be false as to any material matter shall be 
fined not more than $10,000 ($50,000 in the case of a 
corporation), or imprisoned not more than 1 year, or both.

           *       *       *       *       *       *       *


CHAPTER 76--JUDICIAL PROCEEDINGS

           *       *       *       *       *       *       *


Subchapter B--Proceedings by Taxpayers and Third Parties

           *       *       *       *       *       *       *


SEC. 7421. PROHIBITION OF SUITS TO RESTRAIN ASSESSMENT OR COLLECTION.

  (a) Tax.--Except as provided in sections [6015(d)] 6015(e), 
6212(a) and (c), 6213(a), 6225(b), 6246(b), 6331(i), 6672(b), 
6694(c), 7426(a) and (b)(1), and 7429(b), and 7463 no suit for 
the purpose of restraining the assessment or collection of any 
tax shall be maintained in any court by any person, whether or 
not such person is the person against whom such tax was 
assessed.

           *       *       *       *       *       *       *


Subchapter E--Burden of Proof

           *       *       *       *       *       *       *


SEC. 7491. BURDEN OF PROOF.

  (a) Burden Shifts Where Taxpayer Produces Credible 
Evidence.--
          (1) * * *
          (2) Limitations.--Paragraph (1) shall apply with 
        respect to an issue only if--
                  (A) the taxpayer has complied with the 
                requirements under this title to substantiate 
                any item;
                  (B) the taxpayer has maintained all records 
                required under this title and has cooperated 
                with reasonable requests by the Secretary for 
                witnesses, information, documents, meetings, 
                and interviews; and
                  (C) in the case of a partnership, 
                corporation, or trust, the taxpayer is 
                described in section 7430(c)(4)(A)(ii).
        Subparagraph (C) shall not apply to any qualified 
        revocable trust (as defined in section 645(b)(1)) with 
        respect to liability for tax for any taxable year 
        ending after the date of the decedent's death and 
        before the applicable date (as defined in section 
        645(b)(2)).

           *       *       *       *       *       *       *


Subtitle I--Trust Fund Code

           *       *       *       *       *       *       *


CHAPTER 98--TRUST FUND CODE

           *       *       *       *       *       *       *


Subchapter A--Establishment of Trust Fund

           *       *       *       *       *       *       *


SEC. 9503. HIGHWAY TRUST FUND.

  (a) * * *

           *       *       *       *       *       *       *

  (f) Determination of Trust Fund Balances After September 30, 
1998.--For purposes of determining the balances of the Highway 
Trust Fund and the Mass Transit Account after September 30, 
1998--
          (1) the opening balance of the Highway Trust Fund 
        (other than the Mass Transit Account) on October 1, 
        1998, shall be $8,000,000,000, and
          [(2) no interest accruing after September 30, 1998, 
        on any obligation held by such Fund shall be credited 
        to such Fund.]
          (2) notwithstanding section 9602(b), obligations held 
        by such Fund after September 30, 1998, shall be 
        obligations of the United States which are not 
        interest-bearing.
The Secretary shall cancel obligations held by the Highway 
Trust Fund to reflect the reduction in the balance under this 
subsection.

           *       *       *       *       *       *       *


SEC. 9510. VACCINE INJURY COMPENSATION TRUST FUND.

  (a) * * *
  (b) Transfers to Trust Fund.--
          (1) * * *

           *       *       *       *       *       *       *

          (3) Limitation on transfers to vaccine injury 
        compensation trust fund.--No amount may be appropriated 
        to the Vaccine Injury Compensation Trust Fund on and 
        after the date of any expenditure from the Trust Fund 
        which is not permitted by this section. The 
        determination of whether an expenditure is so permitted 
        shall be made without regard to--
                  (A) any provision of law which is not 
                contained or referenced in this title or in a 
                revenue Act, and
                  (B) whether such provision of law is a 
                subsequently enacted provision or directly or 
                indirectly seeks to waive the application of 
                this paragraph.
  (c) Expenditures from Trust Fund.--
          [(1) In general.--Amounts in the Vaccine Injury 
        Compensation Trust Fund shall be available, as provided 
        in appropriation Acts, only for the payment of 
        compensation under subtitle 2 of title XXI of the 
        Public Health Service Act (as in effect on the date of 
        the enactment of this section) for vaccine-related 
        injury or death with respect to vaccines administered 
        after September 30, 1988 or for the payment of all 
        expenses of administration (but not in excess of 
        $6,000,000 for any fiscal year) incurred by the Federal 
        Government in administering such subtitle.]
          (1) In general.--Amounts in the Vaccine Injury 
        Compensation Trust Fund shall be available, as provided 
        in appropriation Acts, only for--
                  (A) the payment of compensation under 
                subtitle 2 of title XXI of the Public Health 
                Service Act (as in effect on August 5, 1997) 
                for vaccine-related injury or death with 
                respect to any vaccine--
                          (i) which is administered after 
                        September 30, 1988, and
                          (ii) which is a taxable vaccine (as 
                        defined in section 4132(a)(1)) at the 
                        time compensation is paid under such 
                        subtitle 2, or
                  (B) the payment of all expenses of 
                administration (but not in excess of $9,500,000 
                for any fiscal year) incurred by the Federal 
                Government in administering such subtitle.

           *       *       *       *       *       *       *

                              ----------                              


TAXPAYER RELIEF ACT OF 1997

           *       *       *       *       *       *       *


TITLE IX--MISCELLANEOUS PROVISIONS

           *       *       *       *       *       *       *


Subtitle B--Revisions Relating to Disasters

           *       *       *       *       *       *       *


SEC. 915. ABATEMENT OF INTEREST ON UNDERPAYMENTS BY TAXPAYERS IN 
                    PRESIDENTIALLY DECLARED DISASTER AREAS.

  (a) * * *
  (b) Presidentially Declared Disaster Area.--For purposes of 
subsection (a), the term ``Presidentially declared disaster 
area'' means, with respect to any individual, any area which 
the President has determined during 1997 or 1998 warrants 
assistance by the Federal Government under the Robert T. 
Stafford Disaster Relief and Emergency Assistance Act.
  (c) Individual.--For purposes of this section, the term 
``individual'' shall not include any estate or trust.
  [(d) Effective Date.--This section shall apply to disasters 
declared after December 31, 1996.]
  (d) Effective Date.--This section shall apply to taxable 
years ending with or within calendar year 1997.

           *       *       *       *       *       *       *


Subtitle D--Provisions Relating to Small Businesses

           *       *       *       *       *       *       *


SEC. 933. AVERAGING OF FARM INCOME OVER 3 YEARS.

  (a) * * *

           *       *       *       *       *       *       *

  (c) Effective Date.--The amendments made by this section 
shall apply to taxable years beginning after December 31, 
1997[, and before January 1, 2001].

           *       *       *       *       *       *       *

                              ----------                              


                  SECTION 505 OF THE TRADE ACT OF 1974

SEC. 505. DATE OF TERMINATION.

  No duty-free treatment provided under this title shall remain 
in effect after [June 30, 1998] December 31, 1999.
                              ----------                              


INTERNAL REVENUE SERVICE RESTRUCTURING AND REFORM ACT OF 1998

           *       *       *       *       *       *       *


TITLE III--TAXPAYER PROTECTION AND RIGHTS

           *       *       *       *       *       *       *


       Subtitle D--Provisions Relating to Interest and Penalties

SEC. 3301. ELIMINATION OF INTEREST RATE DIFFERENTIAL ON OVERLAPPING 
                    PERIODS OF INTEREST ON TAX OVERPAYMENTS AND 
                    UNDERPAYMENTS.

  (a) * * *

           *       *       *       *       *       *       *

  (c) Effective Dates.--
          (1) In general.--Except as provided under paragraph 
        (2), the amendments made by this section shall apply to 
        interest for periods beginning after the date of the 
        enactment of this Act.
          (2) Special rule.--[The amendments] Subject to any 
        applicable statute of limitation not having expired 
        with regard to either a tax underpayment or a tax 
        overpayment, the amendments made by this section shall 
        apply to interest for periods beginning before the date 
        of the enactment of this Act if the taxpayer--
                  (A) reasonably identifies and establishes 
                periods of such tax overpayments and 
                underpayments for which the zero rate applies; 
                and
                  (B) not later than December 31, 1999, 
                requests the Secretary of the Treasury to apply 
                section 6621(d) of the Internal Revenue Code of 
                1986, as added by subsection (a), to such 
                periods.

           *       *       *       *       *       *       *


 Subtitle E--Protections for Taxpayers Subject to Audit or Collection 
                               Activities

                          PART I--DUE PROCESS

SEC. 3401. DUE PROCESS IN INTERNAL REVENUE SERVICE COLLECTION ACTIONS.

  (a) * * *

           *       *       *       *       *       *       *

  (c) Review by Special Trial Judges Allowed.--
          (1) In general.--Section [7443(b)] 7443A(b) (relating 
        to proceedings which may be assigned to special trial 
        judges) is amended by striking ``and'' at the end of 
        paragraph (3), by redesignating paragraph (4) as 
        paragraph (5), and by inserting after paragraph (3) the 
        following new paragraph:
          ``(4) any proceeding under section 6320 or 6330, 
        and''.
          (2) Authority to make decisions.--Section [7443(c)] 
        7443A(c) (relating to authority to make court 
        decisions) is amended by striking ``or (3)'' and 
        inserting ``(3), or (4)''.

           *       *       *       *       *       *       *


                                
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