[House Report 109-330]
[From the U.S. Government Publishing Office]



109th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    109-330

======================================================================
 
    PROVIDING FOR CONSIDERATION OF H.R. 4297, TAX RELIEF EXTENSION 
                       RECONCILIATION ACT OF 2005

                                _______
                                

  December 7, 2005.--Referred to the House Calendar and ordered to be 
                                printed

                                _______
                                

    Mr. Putnam, from the Committee on Rules, submitted the following

                              R E P O R T

                       [To accompany H. Res. 588]

    The Committee on Rules, having had under consideration 
House Resolution 588, by a nonrecord vote, report the same to 
the House with the recommendation that the resolution be 
adopted.

                Summary of Provisions of the Resolution

    The resolution provides for the consideration of H.R. 4297, 
the Tax Relief Extension Reconciliation Act of 2005, under a 
structured rule. The rule provides one hour of debate in the 
House equally divided and controlled by the chairman and 
ranking minority member of the Committee on Ways and Means. The 
rule waives all points of order against consideration of the 
bill.
    The rule provides that the amendment in the nature of a 
substitute recommended by the Committee on Ways and Means now 
printed in the bill shall be considered as adopted. The rule 
makes in order the amendment in the nature of a substitute 
printed in this report, if offered by Representative Rangel of 
New York or his designee, which shall be considered as read, 
and shall be separately debatable for one hour equally divided 
and controlled by the proponent and an opponent. The rule 
waives all points of order against the amendment in the nature 
of a substitute printed in this report. Finally, the rule 
provides on motion to recommit with or without instructions.

                         Explanation of Waivers

    The waiver of all points of order against consideration of 
the bill includes a waiver of Section 303 of the Congressional 
Budget Act, which prohibits consideration of legislation, as 
reported, providing new budget authority, change in revenues, 
change in public debt, new entitlement authority, or new credit 
authority for a fiscal year until the budget resolution for 
that year has been agreed to. This is necessary because some of 
the programs affecting revenue contained in H.R. 4297 first 
take effect in fiscal year 2007 and there is currently no 
budget resolution agreed to governing that fiscal year.

Swnmary of the Amendment in the Nature of a Substitute Made in Order to 
        H.R. 4297--Tax Relief Extension Reconciliation Act of 2005

    (Summary derived from information provided by amendment 
sponsor.)
    Rangel: Amendment in the Nature of a Substitute. The 
amendment would extend for one year all expiring provisions 
contained in Title I of H.R. 4297, including the deduction for 
state and local retail sales taxes, the deduction for college 
tuition expenses, tax incentives for the District of Columbia 
and Indian reservations, 15 year depreciation period for 
leasehold and restaurant improvements, qualified zone academy 
bonds, the Brownfields cleanup tax incentive, and several other 
more minor provisions. The amendment makes no substantive 
changes to the expiring provisions, except for the research 
credit, work opportunity tax credit, and welfare-to-work tax 
credit, which are expanded to match the Thomas bill. In 
addition to the one-year extensions that are retained by the 
amendment, the amendment also would extend the temporary 
provision that terminates at the end of this calendar year and 
that provides a larger earned income tax credit for the 
families of those serving in Iraq.
    In addition the amendment would totally eliminate all 
individual minimum tax liability for individuals with incomes 
below $200,000 for joint returns, $100,000 in other cases, for 
taxable year 2006. This provision would reduce the number of 
AMT taxpayers from 19 million under current law for taxable 
year 2006 to slightly over 3 million.
    The amendment does not extend tax benefits that do not 
terminate at the end of this calendar year such as the lower 
rates on capital gains and dividends. The alternative also 
includes a broad package of additional provisions that were 
added by the full Committee.
    The provisions of the alternative described above would 
cost approximately $43 billion. The cost is offset by taking 
back a portion of the recent tax cuts from individuals with 
annual incomes over $1 million for joint returns, $500,000 for 
other returns. (60 minutes)

   Text of the Amendment in the Nature of a Substitute Made in Order

  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE, ETC.

  (a) Short Title.--This Act may be cited as the ``Tax Relief 
Extension Reconciliation Act of 2005''.
  (b) Amendment of 1986 Code.--Except as otherwise expressly 
provided, whenever in this Act an amendment or repeal is 
expressed in terms of an amendment to, or repeal of, a section 
or other provision, the reference shall be considered to be 
made to a section or other provision of the Internal Revenue 
Code of 1986.
  (c) Table of Contents.--The table of contents for this Act is 
as follows:

Sec. 1. Short title, etc.

         TITLE I--EXTENSIONS OF CERTAIN PROVISIONS THROUGH 2006

Sec. 101. Allowance of nonrefundable personal credits against regular 
          and minimum tax liability.
Sec. 102. State and local general sales taxes.
Sec. 103.  Research credit.
Sec. 104. Qualified tuition and related expenses.
Sec. 105. Certain expenses of elementary and secondary school teachers.
Sec. 106. Qualified Zone Academy Bonds.
Sec. 107. Tax incentives for business activities on Indian reservations.
Sec. 108. Deduction for corporate donations of computer technology and 
          equipment.
Sec. 109. Availability of medical savings accounts.
Sec. 110. 15-year cost recovery for leasehold improvements.
Sec. 111. 15-year cost recovery for restaurant improvements.
Sec. 112. Taxable income limit on percentage depletion for oil and 
          natural gas produced from marginal properties.
Sec. 113. District of Columbia Enterprise Zone.
Sec. 114. Possession tax credit with respect to American Samoa.
Sec. 115. Parity in the application of certain limits to mental health 
          benefits.
Sec. 116. Election to include combat pay under earned income credit.
Sec. 117. Work opportunity credit.
Sec. 118. Welfare-to-work credit.
Sec. 119. Extension of expensing of environmental remediation costs.
Sec. 120. Temporary relief from the alternative minimum tax.

   TITLE II--REDUCTION IN BENEFIT OF RATE REDUCTION FOR FAMILIES WITH 
                         INCOMES OVER $1,000,000

Sec. 201. Reduction in benefit of rate reduction for families with 
          incomes over $1,000,000.

                   TITLE III--MISCELLANEOUS PROVISIONS

Sec. 301. Modification of active business definition under section 355.
Sec. 302. Veterans' mortgage bonds.
Sec. 303. Capital gains treatment for certain self-created musical 
          works.
Sec. 304. Vessel tonnage limit.
Sec. 305. Clarification of taxation of certain settlement funds.

         TITLE I--EXTENSIONS OF CERTAIN PROVISIONS THROUGH 2006

SECTION 101. ALLOWANCE OF NONREFUNDABLE PERSONAL CREDITS AGAINST 
                    REGULAR AND MINIMUM TAX LIABILITY.

  (a) In General.--Paragraph (2) of section 26(a) (relating to 
special rule for taxable years 2000 through 2005) is amended--
          (1) in the text by striking ``or 2005'' and inserting 
        ``2005, or 2006'', and
          (2) in the heading by striking ``2005'' and inserting 
        ``2006''.
  (b) Conforming Provisions.--
          (1) Subsection (i) of section 904 (relating to 
        coordination with nonrefundable personal credits) is 
        amended by striking ``or 2005'' and inserting ``2005, 
        or 2006''.
          (2) The amendments made by sections 201(b), 202(f), 
        and 618(b) of the Economic Growth and Tax Relief 
        Reconciliation Act of 2001 shall not apply to taxable 
        years beginning during 2006.
  (c) Effective Date.--The amendments made by this section 
shall apply to taxable years beginning after December 31, 2005.

SEC. 102. STATE AND LOCAL GENERAL SALES TAXES.

  (a) In General.--Subparagraph (I) of section 164(b)(5) 
(relating to application of paragraph) is amended by striking 
``January 1, 2006'' and inserting ``January 1, 2007''.
  (b) Effective Date.--The amendment made by subsection (a) 
shall apply to taxable years beginning after December 31, 2005.

SEC. 103. RESEARCH CREDIT.

  (a) Extension.--
          (1) In general.--Subparagraph (B) of section 41(h)(1) 
        (relating to termination) is amended by striking 
        ``December 31, 2005'' and inserting ``December 31, 
        2006''.
          (2) Conforming amendment.--Subparagraph (D) of 
        section 45C(b)(1) (relating to special rule) is amended 
        by striking ``December 31, 2005'' and inserting 
        ``December 31, 2006''.
          (3) Effective date.--The amendments made by this 
        subsection shall apply to amounts paid or incurred 
        after December 31, 2005.
  (b) Increase in Rates of Alternative Incremental Credit.--
          (1) In general.--Subparagraph (A) of section 41(c)(4) 
        (relating to election of alternative incremental 
        credit) is amended--
                  (A) by striking ``2.65 percent'' and 
                inserting ``3 percent'',
                  (B) by striking ``3.2 percent'' and inserting 
                ``4 percent'', and
                  (C) by striking ``3.75 percent'' and 
                inserting ``5 percent''.
          (2) Effective date.--The amendments made by this 
        subsection shall apply to taxable years ending after 
        the date of the enactment of this Act.
  (c) Alternative Simplified Credit for Qualified Research 
Expenses.--
          (1) In general.--Subsection (c) of section 41 
        (relating to base amount) is amended by redesignating 
        paragraphs (5) and (6) as paragraphs (6) and (7), 
        respectively, and by inserting after paragraph (4) the 
        following new paragraph:
          ``(5) Election of alternative simplified credit.--
                  ``(A) In general.--At the election of the 
                taxpayer, the credit determined under 
                subsection (a)(1) shall be equal to 12 percent 
                of so much of the qualified research expenses 
                for the taxable year as exceeds 50 percent of 
                the average qualified research expenses for the 
                3 taxable years preceding the taxable year for 
                which the credit is being determined.
                  ``(B) Special rule in case of no qualified 
                research expenses in any of 3 preceding taxable 
                years.--
                          ``(i) Taxpayers to which subparagraph 
                        applies.--The credit under this 
                        paragraph shall be determined under 
                        this subparagraph if the taxpayer has 
                        no qualified research expenses in any 
                        one of the 3 taxable years preceding 
                        the taxable year for which the credit 
                        is being determined.
                          ``(ii) Credit rate.--The credit 
                        determined under this subparagraph 
                        shall be equal to 6 percent of the 
                        qualified research expenses for the 
                        taxable year.
                  ``(C) Election.--An election under this 
                paragraph shall apply to the taxable year for 
                which made and all succeeding taxable years 
                unless revoked with the consent of the 
                Secretary. An election under this paragraph may 
                not be made for any taxable year to which an 
                election under paragraph (4) applies.''.
          (2) Coordination with election of alternative 
        incremental credit.--
                  (A) In general.--Section 41(c)(4)(B) 
                (relating to election) is amended by adding at 
                the end the following: ``An election under this 
                paragraph may not be made for any taxable year 
                to which an election under paragraph (5) 
                applies.''.
                  (B) Transition rule.--In the case of an 
                election under section 41(c)(4) of the Internal 
                Revenue Code of 1986 which applies to the 
                taxable year which includes the date of the 
                enactment of this Act, such election shall be 
                treated as revoked with the consent of the 
                Secretary of the Treasury if the taxpayer makes 
                an election under section 41(c)(5) of such Code 
                (as added by subsection (a)) for such year.
          (3) Effective date.--The amendments made by this 
        subsection shall apply to taxable years ending after 
        the date of the enactment of this Act.

SEC. 104. QUALIFIED TUITION AND RELATED EXPENSES.

  (a) In General.--Subsection (e) of section 222 (relating to 
termination) is amended by striking ``December 31, 2005'' and 
inserting ``December 31, 2006''.
  (b) Limitations.--Paragraph (2) of section 222(b) (relating 
to applicable dollar limit) is amended by striking 
subparagraphs (A) and (B), by redesignating subparagraph (C) as 
subparagraph (B), and by inserting before subparagraph (B) (as 
so redesignated) the following:
                  ``(A) 2006.--In the case of a taxable year 
                beginning in 2006, the applicable dollar amount 
                shall be equal to--
                          ``(i) in the case of a taxpayer whose 
                        adjusted gross income for the taxable 
                        year does not exceed $65,000 ($130,000 
                        in the case of a joint return), $4,000,
                          ``(ii) in the case of a taxpayer not 
                        described in clause (i) whose adjusted 
                        gross income for the taxable year does 
                        not exceed $80,000 ($160,000 in the 
                        case of a joint return), $2,000, and
                          ``(iii) in the case of any other 
                        taxpayer, zero.''.
  (c) Effective Date.--The amendments made by this section 
shall apply to payments made in taxable years beginning after 
December 31, 2005.

SEC. 105. CERTAIN EXPENSES OF ELEMENTARY AND SECONDARY SCHOOL TEACHERS.

  (a) In General.--Subparagraph (D) of section 62(a)(2) 
(relating to certain expenses of elementary and secondary 
school teachers) is amended by striking ``or 2005'' and 
inserting ``2005, or 2006''.
  (b) Effective Date.--The amendment made by subsection (a) 
shall apply to expenses paid or incurred in taxable years 
beginning after December 31, 2005.

SEC. 106. QUALIFIED ZONE ACADEMY BONDS.

  (a) In General.--Paragraph (1) of section 1397E(e) (relating 
to national limit) is amended by striking ``and 2005'' and 
inserting ``2005, and 2006''.
  (b) Effective Date.--The amendment made by subsection (a) 
shall apply to obligations issued after December 31, 2005.

SEC. 107. TAX INCENTIVES FOR BUSINESS ACTIVITIES ON INDIAN 
                    RESERVATIONS.

  (a) Indian Employment Tax Credit.--
          (1) In general.--Subsection (f) of section 45A 
        (relating to termination) is amended by striking 
        ``December 31, 2005'' and inserting ``December 31, 
        2006''.
          (2) Effective date.--The amendment made by paragraph 
        (1) shall apply to taxable years beginning after 
        December 31, 2005.
  (b) Accelerated Depreciation for Business Property on Indian 
Reservations.--
          (1) In general.--Paragraph (8) of section 168(j) 
        (relating to termination) is amended by striking 
        ``December 31, 2005'' and inserting ``December 31, 
        2006''.
          (2) Effective date.--The amendment made by paragraph 
        (1) shall apply with respect to property placed in 
        service after December 31, 2005.

SEC. 108. DEDUCTION FOR CORPORATE DONATIONS OF COMPUTER TECHNOLOGY AND 
                    EQUIPMENT.

  (a) In General.--Subparagraph (G) of section 170(e)(6) 
(relating to termination) is amended by striking ``December 31, 
2005'' and inserting ``December 31, 2006''.
  (b) Effective Date.--The amendment made by subsection (a) 
shall apply to contributions made in taxable years beginning 
after December 31, 2005.

SEC. 109. AVAILABILITY OF MEDICAL SAVINGS ACCOUNTS.

  (a) In General.--Paragraphs (2) and (3)(B) of section 220(i) 
(defining cut-off year) are each amended by striking ``2005'' 
each place it appears in the text and headings and inserting 
``2006''.
  (b) Conforming Amendments.--
          (1) Paragraph (2) of section 220(j) is amended--
                  (A) in the text by striking ``or 2004'' each 
                place it appears and inserting ``2004, or 
                2005'', and
                  (B) in the heading by striking ``or 2004'' 
                and inserting ``2004, or 2005''.
          (2) Subparagraph (A) of section 220(j)(4) is amended 
        by striking ``and 2004'' and inserting ``2004, and 
        2005''.
  (c) Effective Date.--The amendments made by this section 
shall take effect on the date of the enactment of this Act.
  (d) Time for Filing Reports, Etc.--
          (1) The report required by section 220(j)(4) of the 
        Internal Revenue Code of 1986 to be made on August 1, 
        2005, shall be treated as timely if made before the 
        close of the 90-day period beginning on the date of the 
        enactment of this Act.
          (2) The determination and publication required by 
        section 220(j)(5) of such Code with respect to calendar 
        year 2005 shall be treated as timely if made before the 
        close of the 120-day period beginning on the date of 
        the enactment of this Act. If the determination under 
        the preceding sentence is that 2005 is a cut-off year 
        under section 220(i) of such Code, the cut-off date 
        under such section 220(i) shall be the last day of such 
        120-day period.

SEC. 110. 15-YEAR COST RECOVERY FOR LEASEHOLD IMPROVEMENTS.

  (a) In General.--Clause (iv) of section 168(e)(3)(E) 
(relating to 15-year property) is amended by striking ``January 
1, 2006'' and inserting ``January 1, 2007''.
  (b) Effective Date.--The amendment made by subsection (a) 
shall apply to property placed in service after December 31, 
2005.

SEC. 111. 15-YEAR COST RECOVERY FOR RESTAURANT IMPROVEMENTS.

  (a) In General.--Clause (v) of section 168(e)(3)(E) (relating 
to 15-year property) is amended by striking ``January 1, 2006'' 
and inserting ``January 1, 2007''.
  (b) Effective Date.--The amendment made by subsection (a) 
shall apply to property placed in service after December 31, 
2005.

SEC. 112. TAXABLE INCOME LIMIT ON PERCENTAGE DEPLETION FOR OIL AND 
                    NATURAL GAS PRODUCED FROM MARGINAL PROPERTIES.

  (a) In General.--Subparagraph (H) of section 613A(c)(6) 
(relating to oil and natural gas produced from marginal 
properties) is amended by striking ``January 1, 2006'' and 
inserting ``January 1, 2007''.
  (b) Effective Date.--The amendment made by subsection (a) 
shall apply to taxable years beginning after December 31, 2005.

SEC. 113. DISTRICT OF COLUMBIA ENTERPRISE ZONE.

  (a) Period for Which Designation Applicable.--Subsection (f) 
of section 1400 (relating to time for which designation 
applicable) is amended by striking ``December 31, 2005'' both 
places it appears and inserting ``December 31, 2006''.
  (b) Tax-Exempt Economic Development Bonds.--Subsection (b) of 
section 1400A (relating to period of applicability) is amended 
by striking ``December 31, 2005'' and inserting ``December 31, 
2006''.
  (c) Zero Percent Capital Gains Rate.--
          (1) In general.--Subsection (b) of section 1400B 
        (relating to DC Zone Asset) is amended by striking 
        ``January 1, 2006'' each place it appears and inserting 
        ``January 1, 2007''.
          (2) Conforming amendments.--
                  (A) Paragraph (2) of section 1400B(e) 
                (relating to gain before 1998 and after 2010 
                not qualified) is amended--
                          (i) by striking ``December 31, 2010'' 
                        and inserting ``December 31, 2011'', 
                        and
                          (ii) by striking ``2010'' in the 
                        heading and inserting ``2011''.
                  (B) Paragraph (2) of section 1400B(g) 
                (relating to sales and exchanges of interests 
                in partnerships and S corporations which are DC 
                Zone businesses) is amended by striking 
                ``December 31, 2010'' and inserting ``December 
                31, 2011''.
                  (C) Subsection (d) of section 1400F (relating 
                to certain rules to apply) is amended by 
                striking ``December 31, 2010'' and inserting 
                ``December 31, 2011''.
  (d) First-Time Homebuyer Credit for District of Columbia.--
Subsection (i) of section 1400C (relating to application of 
section) is amended by striking ``January 1, 2006'' and 
inserting ``January 1, 2007''.
  (e) Effective Dates.--
          (1) In general.--Except as provided in paragraph (2), 
        the amendments made by this section shall take effect 
        on January 1, 2006.
          (2) Tax-exempt economic development bonds.--The 
        amendment made by subsection (b) shall apply to 
        obligations issued after the date of the enactment of 
        this Act.

SEC. 114. POSSESSION TAX CREDIT WITH RESPECT TO AMERICAN SAMOA.

  (a) In General.--Subparagraph (A) of section 936(j)(8) 
(relating to special rules for certain possessions) is amended 
by inserting before the period at the end the following: 
``(before January 1, 2007, in the case of American Samoa)''.
  (b) Effective Date.--The amendment made by subsection (a) 
shall apply to taxable years beginning after December 31, 2005.

SEC. 115. PARITY IN THE APPLICATION OF CERTAIN LIMITS TO MENTAL HEALTH 
                    BENEFITS.

  (a) In General.--Paragraph (3) of section 9812(f) (relating 
to application of section) is amended by striking ``December 
31, 2005'' and inserting ``December 31, 2006''.
  (b) Effective Dates.--The amendment made by subsection (a) 
shall take effect on the date of the enactment of this Act.

SEC. 116. ELECTION TO INCLUDE COMBAT PAY UNDER EARNED INCOME CREDIT.

  (a) In General.--Subclause (II) of section 32(c)(2)(B)(vi) 
(defining earned income) is amended by striking ``January 1, 
2006'' and inserting ``January 1, 2007''.
  (b) Special Rule.--The amount of any refund to which an 
individual is entitled by reason of amendment made by 
subsection (a) shall not exceed the aggregate liability 
reflected in the individual's tax account (determined by taking 
into account the taxable year and all prior taxable years).
  (c) Effective Date.--The amendment made by subsection (a) 
shall apply to taxable years beginning after December 31, 2005.

SEC. 117. WORK OPPORTUNITY CREDIT.

  (a) In General.--Subparagraph (B) of section 51(c)(4) 
(relating to termination) is amended by striking ``December 31, 
2005'' and inserting ``December 31, 2006''.
  (b) Increase in Age Limit for Food Stamp Recipients.--Clause 
(i) of section 51(d)(8)(A) (relating to qualified food stamp 
recipient) is amended by striking ``25'' and inserting ``35''.
  (c) Effective Date.--The amendments made by this section 
shall apply to individuals who begin work for the employer 
after December 31, 2005.

SEC. 118. WELFARE-TO-WORK CREDIT.

  (a) In General.--Subsection (f) of section 51A (relating to 
termination) is amended by striking ``December 31, 2005'' and 
inserting ``December 31, 2006''.
  (b) Effective Date.--The amendment made by subsection (a) 
shall apply to individuals who begin work for the employer 
after December 31, 2005.

SEC. 119. EXTENSION OF EXPENSING OF ENVIRONMENTAL REMEDIATION COSTS.

  (a) In General.--Subsection (h) of section 198 (relating to 
termination) is amended by striking ``December 31, 2005'' and 
inserting ``December 31, 2006''.
  (b) Effective Date.--The amendment made by subsection (a) 
shall apply to expenditures paid or incurred after December 31, 
2005.

SEC. 120. TEMPORARY RELIEF FROM THE ALTERNATIVE MINIMUM TAX.

  (a) In General.--Section 55 (relating to alternative minimum 
tax imposed) is amended by adding at the end the following new 
subsection:
  ``(f) Exemption for Individuals for Taxable Years Beginning 
in 2006.--For any taxable year beginning in 2006, in the case 
of an individual--
          ``(1) In general.--The tentative minimum tax of the 
        taxpayer shall be zero if the adjusted gross income of 
        the taxpayer (as determined for purposes of the regular 
        tax) is equal to or less than the threshold amount.
          ``(2) Phasein of liability above exemption level.--In 
        the case of a taxpayer whose adjusted gross income 
        exceeds the threshold amount but does not exceed 
        $112,500 ($225,000 in the case of a joint return), the 
        tax imposed by subsection (a) shall be the amount which 
        bears the same ratio to such tax (determined without 
        regard to this subsection) as--
                  ``(A) the excess of--
                          ``(i) the adjusted gross income of 
                        the taxpayer (as determined for 
                        purposes of the regular tax), over
                          ``(ii) the threshold amount, bears to
                  ``(B) $12,500 ($25,000 in the case of a joint 
                return).
          ``(3) Threshold amount.--For purposes of this 
        paragraph, the term `threshold amount' means $100,000 
        ($200,000 in the case of a joint return).
          ``(4) Estates and trusts.--This subsection shall not 
        apply to any estate or trust.''.
  (b) Effective Date.--The amendment made by this section shall 
apply to taxable years beginning after December 31, 2005.

  TITLE II--REDUCTION IN BENEFIT OF RATE REDUCTION FOR FAMILIES WITH 
                        INCOMES OVER $1,000,000

SEC. 201. REDUCTION IN BENEFIT OF RATE REDUCTION FOR FAMILIES WITH 
                    INCOMES OVER $1,000,000.

  (a) General Rule.--Section 1 (relating to imposition of tax 
on individuals) is amended by adding at the end the following 
new subsection:
  ``(j) Reduction in Benefit of Rate Reduction for Families 
With Incomes Over $1,000,000.--
          ``(1) In general.--If the adjusted gross income of a 
        taxpayer exceeds the threshold amount, the tax imposed 
        by this section (determined without regard to this 
        subsection) shall be increased by an amount equal to 
        1.45 percent of so much of the adjusted gross income as 
        exceeds the threshold amount.
          ``(2) Threshold amounts.--For purposes of this 
        subsection, the term `threshold amount' means--
                  ``(A) $1,000,000 in the case of a joint 
                return, and
                  ``(B) $500,000 in the case of any other 
                return.
          ``(3) Tax not to apply to estates and trusts.--This 
        subsection shall not apply to an estate or trust.
          ``(4) Special rule.--For purposes of section 55, the 
        amount of the regular tax shall be determined without 
        regard to this subsection.
          ``(5) Termination.--This subsection shall not apply 
        to taxable years beginning after December 31, 2010.''.
  (b) Effective Date.--The amendments made by this section 
shall apply to taxable years beginning after December 31, 2005.
  (c) Section 15 not to Apply.--The amendment made by 
subsection (a) shall not be treated as a change in a rate of 
tax for purposes of section 15 of the Internal Revenue Code of 
1986.

                  TITLE III--MISCELLANEOUS PROVISIONS

SEC. 301. MODIFICATION OF ACTIVE BUSINESS DEFINITION UNDER SECTION 355.

  Subsection (b) of section 355 (defining active conduct of a 
trade or business) is amended by adding at the end the 
following new paragraph:
          ``(3) Special rule relating to active business 
        requirement.--
                  ``(A) In general.--In the case of any 
                distribution made after the date of the 
                enactment of this paragraph and before December 
                31, 2010, a corporation shall be treated as 
                meeting the requirement of paragraph (2)(A) if 
                and only if such corporation is engaged in the 
                active conduct of a trade or business.
                  ``(B) Affiliated group rule.--For purposes of 
                subparagraph (A), all members of such 
                corporation's separate affiliated group shall 
                be treated as one corporation. For purposes of 
                the preceding sentence, a corporation's 
                separate affiliated group is the affiliated 
                group which would be determined under section 
                1504(a) if such corporation were the common 
                parent and section 1504(b) did not apply.
                  ``(C) Transition rule.--Subparagraph (A) 
                shall not apply to any distribution pursuant to 
                a transaction which is--
                          ``(i) made pursuant to an agreement 
                        which was binding on the date of the 
                        enactment of this paragraph and at all 
                        times thereafter,
                          ``(ii) described in a ruling request 
                        submitted to the Internal Revenue 
                        Service on or before such date, or
                          ``(iii) described on or before such 
                        date in a public announcement or in a 
                        filing with the Securities and Exchange 
                        Commission.
                The preceding sentence shall not apply if the 
                distributing corporation elects not to have 
                such sentence apply to distributions of such 
                corporation. Any such election, once made, 
                shall be irrevocable.
                  ``(D) Special rule for certain pre-enactment 
                distributions.--For purposes of determining the 
                continued qualification under paragraph (2)(A) 
                of distributions made before the date of the 
                enactment of this paragraph as a result of an 
                acquisition, disposition, or other 
                restructuring after such date and before 
                December 31, 2010, such distribution shall be 
                treated as made after the date of the enactment 
                of this paragraph for purposes of applying 
                subparagraphs (A) through (C) of this 
                paragraph.''.

SEC. 302. VETERANS' MORTGAGE BONDS.

  (a) All Veterans Eligible for State Home Loan Programs Funded 
by Qualified Veterans' Mortgage Bonds.--
          (1) In general.--Paragraph (4) of section 143(l) 
        (defining qualified veteran) is amended--
                  (A) by striking ``at some time before January 
                1, 1977'' in subparagraph (A), and
                  (B) by striking subparagraph (B) and 
                inserting the following:
                  ``(B) who applied for the financing before 
                the date 25 years after the last on which such 
                veteran left active service.''.
          (2) Effective date.--The amendments made by this 
        subsection shall apply to financing provided after the 
        date of the enactment of this Act.
  (b) Revision of State Veterans Limit.--
          (1) In general.--Subparagraph (B) of section 
        143(l)(3) (relating to volume limitation) is amended to 
        read as follows:
                  ``(B) State veterans limit.--
                          ``(i) In general.--A State veterans 
                        limit for any calendar year is the 
                        amount equal to--
                                  ``(I) $53,750,000 for the 
                                State of Texas,
                                  ``(II) $66,250,000 for the 
                                State of California,
                                  ``(III) $25,000,000 for the 
                                State of Oregon,
                                  ``(IV) $25,000,000 for the 
                                State of Wisconsin, and
                                  ``(V) $25,000,000 for the 
                                State of Alaska.
                          ``(ii) Phasein.--In the case of 
                        calendar years beginning before 2010, 
                        clause (i) shall be applied by 
                        substituting for each of the dollar 
                        amounts therein by the applicable 
                        percentage. For purposes of the 
                        preceding sentence, the applicable 
                        percentage shall be determined in 
                        accordance with the following table:



                                                  Applicable percentage
                ``Calendar Year:                           is:

2006...........................................               20 percent
2007...........................................               40 percent
2008...........................................               60 percent
2009...........................................              80 percent.


                          ``(iii) Termination.--The State 
                        veterans limit for any calendar year 
                        after 2010 is zero.''.
          (2) Effective date.--The amendment made by this 
        subsection shall apply to bonds issued after December 
        31, 2005.

SEC. 303. CAPITAL GAINS TREATMENT FOR CERTAIN SELF-CREATED MUSICAL 
                    WORKS.

  (a) In General.--Subsection (b) of section 1221 (relating to 
capital asset defined) is amended by redesignating paragraph 
(3) as paragraph (4) and by inserting after paragraph (2) the 
following new paragraph:
          ``(3) Sale or exchange of self-created musical 
        works.--At the election of the taxpayer, paragraphs (1) 
        and (3) of subsection (a) shall not apply with respect 
        to any sale or exchange before January 1, 2011, of 
        musical compositions or copyrights in musical works by 
        a taxpayer described in subsection (a)(3).''.
  (b) Limitation on Charitable Contributions.--Subparagraph (A) 
of section 170(e)(1) is amended by inserting ``(determined 
without regard to section 1221(b)(3))'' after ``long-term 
capital gain''.
  (c) Effective Date.--The amendments made by this section 
shall apply to sales and exchanges in taxable years beginning 
after the date of the enactment of this Act.

SEC. 304. VESSEL TONNAGE LIMIT.

  (a) In General.--Paragraph (4) of section 1355(a) (relating 
to qualifying vessel) is amended by inserting ``(6,000, in the 
case of taxable years beginning after December 31, 2005, and 
ending before January 1, 2011)'' after ``10,000''.
  (b) Effective Date.--The amendment made by subsection (a) 
shall apply to taxable years beginning after December 31, 2005.

SEC. 305. CLARIFICATION OF TAXATION OF CERTAIN SETTLEMENT FUNDS.

  (a) In General.--Subsection (g) of section 468B (relating to 
clarification of taxation of certain funds) is amended to read 
as follows:
  ``(g) Clarification of Taxation of Certain Funds.--
          ``(1) In general.--Except as provided in paragraph 
        (2), nothing in any provision of law shall be construed 
        as providing that an escrow account, settlement fund, 
        or similar fund is not subject to current income tax. 
        The Secretary shall prescribe regulations providing for 
        the taxation of any such account or fund whether as a 
        grantor trust or otherwise.
          ``(2) Exemption from tax for certain settlement 
        funds.--An escrow account, settlement fund, or similar 
        fund shall be treated as beneficially owned by the 
        United States and shall be exempt from taxation under 
        this subtitle if--
                  ``(A) it is established pursuant to a consent 
                decree entered by a judge of a United States 
                District Court,
                  ``(B) it is created for the receipt of 
                settlement payments as directed by a government 
                entity for the sole purpose of resolving or 
                satisfying one or more claims asserting 
                liability under the Comprehensive Environmental 
                Response, Compensation, and Liability Act of 
                1980,
                  ``(C) the authority and control over the 
                expenditure of funds therein (including the 
                expenditure of contributions thereto and any 
                net earnings thereon) is with such government 
                entity, and
                  ``(D) upon termination, any remaining funds 
                will be disbursed to such government entity for 
                use in accordance with applicable law.
        For purposes of this paragraph, the term `government 
        entity' means the United States, any State or political 
        subdivision thereof, the District of Columbia, any 
        possession of the United States, and any agency or 
        instrumentality of any of the foregoing.
          ``(3) Termination.--This subsection shall not apply 
        to accounts and funds established after December 31, 
        2010.''.
  (b) Effective Date.--The amendment made by subsection (a) 
shall apply to accounts and funds established after the date of 
the enactment of this Act.

                                  
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