[107th Congress Public Law 134]
[From the U.S. Government Printing Office]
<DOC>
[DOCID: f:publ134.107]
[[Page 115 STAT. 2427]]
Public Law 107-134
107th Congress
An Act
To amend the Internal Revenue Code of 1986 to provide tax relief for
victims of the terrorist attacks against the United States, and for
other purposes. <<NOTE: Jan. 23, 2002 - [H.R. 2884]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Victims of
Terrorism Tax Relief Act of 2001.>>
SECTION 1. SHORT TITLE; ETC.
(a) <<NOTE: 26 USC 1 note.>> Short Title.--This Act may be cited as
the ``Victims of Terrorism Tax Relief Act of 2001''.
(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--VICTIMS OF TERRORISM TAX RELIEF
Subtitle A--Relief Provisions for Victims of Terrorist Attacks
Sec. 101. Income taxes of victims of terrorist attacks.
Sec. 102. Exclusion of certain death benefits.
Sec. 103. Estate tax reduction.
Sec. 104. Payments by charitable organizations treated as exempt
payments.
Sec. 105. Exclusion of certain cancellations of indebtedness.
Subtitle B--Other Relief Provisions
Sec. 111. Exclusion for disaster relief payments.
Sec. 112. Authority to postpone certain deadlines and required actions.
Sec. 113. Application of certain provisions to terroristic or military
actions.
Sec. 114. Clarification of due date for airline excise tax deposits.
Sec. 115. Treatment of certain structured settlement payments.
Sec. 116. Personal exemption deduction for certain disability trusts.
TITLE II--DISCLOSURE OF TAX INFORMATION IN TERRORISM AND NATIONAL
SECURITY INVESTIGATIONS
Sec. 201. Disclosure of tax information in terrorism and national
security investigations.
TITLE III--NO IMPACT ON SOCIAL SECURITY TRUST FUNDS
Sec. 301. No impact on social security trust funds.
[[Page 115 STAT. 2428]]
TITLE I--VICTIMS OF TERRORISM TAX RELIEF
Subtitle A--Relief Provisions for Victims of Terrorist Attacks
SEC. 101. INCOME TAXES OF VICTIMS OF TERRORIST ATTACKS.
(a) In General.--Section 692 <<NOTE: 26 USC 692.>> (relating to
income taxes of members of Armed Forces on death) is amended by adding
at the end the following new subsection:
``(d) Individuals Dying as a Result of Certain Attacks.--
``(1) In general.--In the case of a specified terrorist
victim, any tax imposed by this chapter shall not apply--
``(A) with respect to the taxable year in which
falls the date of death, and
``(B) with respect to any prior taxable year in the
period beginning with the last taxable year ending
before the taxable year in which the wounds, injury, or
illness referred to in paragraph (3) were incurred.
``(2) $10,000 minimum benefit.--If, but for this paragraph,
the amount of tax not imposed by paragraph (1) with respect to a
specified terrorist victim is less than $10,000, then such
victim shall be treated as having made a payment against the tax
imposed by this chapter for such victim's last taxable year in
an amount equal to the excess of $10,000 over the amount of tax
not so imposed.
``(3) Taxation of certain benefits.--Subject to such rules
as the Secretary may prescribe, paragraph (1) shall not apply to
the amount of any tax imposed by this chapter which would be
computed by only taking into account the items of income, gain,
or other amounts attributable to--
``(A) deferred compensation which would have been
payable after death if the individual had died other
than as a specified terrorist victim, or
``(B) amounts payable in the taxable year which
would not have been payable in such taxable year but for
an action taken after September 11, 2001.
``(4) Specified terrorist victim.--For purposes of this
subsection, the term `specified terrorist victim' means any
decedent--
``(A) who dies as a result of wounds or injury
incurred as a result of the terrorist attacks against
the United States on April 19, 1995, or September 11,
2001, or
``(B) who dies as a result of illness incurred as a
result of an attack involving anthrax occurring on or
after September 11, 2001, and before January 1, 2002.
Such term shall not include any individual identified by the
Attorney General to have been a participant or conspirator in
any such attack or a representative of such an individual.''.
(b) Conforming Amendments.--
(1) Section 5(b)(1) is amended by inserting ``and victims of
certain terrorist attacks'' before ``on death''.
(2) Section 6013(f)(2)(B) is amended by inserting ``and
victims of certain terrorist attacks'' before ``on death''.
(c) Clerical Amendments.--
[[Page 115 STAT. 2429]]
(1) The heading of section 692 <<NOTE: 26 USC 692.>> is
amended to read as follows:
``SEC. 692. INCOME TAXES OF MEMBERS OF ARMED FORCES AND VICTIMS OF
CERTAIN TERRORIST ATTACKS ON DEATH.''.
(2) The item relating to section 692 in the table of
sections for part II of subchapter J of chapter 1 is amended to
read as follows:
``Sec. 692. Income taxes of members of Armed Forces and
victims of certain terrorist attacks on
death.''.
(d) <<NOTE: 26 USC 692 note.>> Effective Date; Waiver of
Limitations.--
(1) <<NOTE: Applicability.>> Effective date.--The amendments
made by this section shall apply to taxable years ending before,
on, or after September 11, 2001.
(2) Waiver of limitations.--If refund or credit of any
overpayment of tax resulting from the amendments made by this
section is prevented at any time before the close of the 1-year
period beginning on the date of the enactment of this Act by the
operation of any law or rule of law (including res judicata),
such refund or credit may nevertheless be made or allowed if
claim therefor is filed before the close of such period.
SEC. 102. EXCLUSION OF CERTAIN DEATH BENEFITS.
(a) In General.--Section 101 (relating to certain death benefits) is
amended by adding at the end the following new subsection:
``(i) Certain Employee Death Benefits Payable by Reason of Death of
Certain Terrorist Victims.--
``(1) In general.--Gross income does not include amounts
(whether in a single sum or otherwise) paid by an employer by
reason of the death of an employee who is a specified terrorist
victim (as defined in section 692(d)(4)).
``(2) Limitation.--
``(A) In general.--Subject to such rules as the
Secretary may prescribe, paragraph (1) shall not apply
to amounts which would have been payable after death if
the individual had died other than as a specified
terrorist victim (as so defined).
``(B) Exception.--Subparagraph (A) shall not apply
to incidental death benefits paid from a plan described
in section 401(a) and exempt from tax under section
501(a).
``(3) Treatment of self-employed individuals.--For purposes
of paragraph (1), the term `employee' includes a self-employed
individual (as defined in section 401(c)(1)).''.
(b) <<NOTE: 26 USC 101 note.>> Effective Date; Waiver of
Limitations.--
(1) <<NOTE: Applicability.>> Effective date.--The amendment
made by this section shall apply to taxable years ending before,
on, or after September 11, 2001.
(2) Waiver of limitations.--If refund or credit of any
overpayment of tax resulting from the amendments made by this
section is prevented at any time before the close of the 1-year
period beginning on the date of the enactment of this Act by the
operation of any law or rule of law (including res judicata),
such refund or credit may nevertheless be made or allowed if
claim therefor is filed before the close of such period.
[[Page 115 STAT. 2430]]
SEC. 103. ESTATE TAX REDUCTION.
(a) In General.--Section 2201 <<NOTE: 26 USC 2201.>> is amended to
read as follows:
``SEC. 2201. COMBAT ZONE-RELATED DEATHS OF MEMBERS OF THE ARMED FORCES
AND DEATHS OF VICTIMS OF CERTAIN TERRORIST ATTACKS.
``(a) In General.--Unless the executor elects not to have this
section apply, in applying sections 2001 and 2101 to the estate of a
qualified decedent, the rate schedule set forth in subsection (c) shall
be deemed to be the rate schedule set forth in section 2001(c).
``(b) Qualified Decedent.--For purposes of this section, the term
`qualified decedent' means--
``(1) any citizen or resident of the United States dying
while in active service of the Armed Forces of the United
States, if such decedent--
``(A) was killed in action while serving in a combat
zone, as determined under section 112(c), or
``(B) died as a result of wounds, disease, or injury
suffered while serving in a combat zone (as determined
under section 112(c)), and while in the line of duty, by
reason of a hazard to which such decedent was subjected
as an incident of such service, and
``(2) any specified terrorist victim (as defined in section
692(d)(4)).
``(c) Rate Schedule.--
``If the amount with respeThe tentative tax is:
which the tentative tax to
be computed is:
Not over $150,000.....1 percent of the amount by which such amount
exceeds $100,000.
Over $150,000 but not $500 plus 2 percent of the excess over
$200,000. $150,000.
Over $200,000 but not $1,500 plus 3 percent of the excess over
$300,000. $200,000.
Over $300,000 but not $4,500 plus 4 percent of the excess over
$500,000. $300,000.
Over $500,000 but not $12,500 plus 5 percent of the excess over
$700,000. $500,000.
Over $700,000 but not $22,500 plus 6 percent of the excess over
$900,000. $700,000.
Over $900,000 but not $34,500 plus 7 percent of the excess over
$1,100,000. $900,000.
Over $1,100,000 but no$48,500 plus 8 percent of the excess over
$1,600,000. $1,100,000.
Over $1,600,000 but no$88,500 plus 9 percent of the excess over
$2,100,000. $1,600,000.
Over $2,100,000 but no$133,500 plus 10 percent of the excess over
$2,600,000. $2,100,000.
Over $2,600,000 but no$183,500 plus 11 percent of the excess over
$3,100,000. $2,600,000.
Over $3,100,000 but no$238,500 plus 12 percent of the excess over
$3,600,000. $3,100,000.
Over $3,600,000 but no$298,500 plus 13 percent of the excess over
$4,100,000. $3,600,000.
Over $4,100,000 but no$363,500 plus 14 percent of the excess over
$5,100,000. $4,100,000.
Over $5,100,000 but no$503,500 plus 15 percent of the excess over
$6,100,000. $5,100,000.
Over $6,100,000 but no$653,500 plus 16 percent of the excess over
$7,100,000. $6,100,000.
Over $7,100,000 but no$813,500 plus 17 percent of the excess over
$8,100,000. $7,100,000.
[[Page 115 STAT. 2431]]
Over $8,100,000 but no$983,500 plus 18 percent of the excess over
$9,100,000. $8,100,000.
Over $9,100,000 but no$1,163,500 plus 19 percent of the excess over
$10,100,000. $9,100,000.
Over $10,100,000......$1,353,500 plus 20 percent of the excess over
$10,100,000.
``(d) Determination of Unified Credit.--In the case of an estate to
which this section applies, subsection (a) shall not apply in
determining the credit under section 2010.''.
(b) Conforming Amendments.--
(1) Section 2011 <<NOTE: 26 USC 2011.>> is amended by
striking subsection (d) and by redesignating subsections (e),
(f), and (g) as subsections (d), (e), and (f), respectively.
(2) Section 2053(d)(3)(B) is amended by striking ``section
2011(e)'' and inserting ``section 2011(d)''.
(3) Paragraph (9) of section 532(c) of the Economic Growth
and Tax Relief Reconciliation Act of 2001 <<NOTE: Ante, p.
75.>> is repealed.
(c) Clerical Amendment.--The item relating to section 2201 in the
table of sections for subchapter C of chapter 11 is amended to read as
follows:
``Sec. 2201. Combat zone-related deaths of members of
the Armed Forces and deaths of victims
of certain terrorist attacks.''.
(d) <<NOTE: 26 USC 2011 note. Applicability.>> Effective Date;
Waiver of Limitations.--
(1) Effective date.--The amendments made by this section
shall apply to estates of decedents--
(A) dying on or after September 11, 2001; and
(B) in the case of individuals dying as a result of
the April 19, 1995, terrorist attack, dying on or after
April 19, 1995.
(2) Waiver of limitations.--If refund or credit of any
overpayment of tax resulting from the amendments made by this
section is prevented at any time before the close of the 1-year
period beginning on the date of the enactment of this Act by the
operation of any law or rule of law (including res judicata),
such refund or credit may nevertheless be made or allowed if
claim therefor is filed before the close of such period.
SEC. 104. <<NOTE: 26 USC 501 note.>> PAYMENTS BY CHARITABLE
ORGANIZATIONS TREATED AS EXEMPT PAYMENTS.
(a) In General.--For purposes of the Internal Revenue Code of 1986--
(1) <<NOTE: Anthrax.>> payments made by an organization
described in section 501(c)(3) of such Code by reason of the
death, injury, wounding, or illness of an individual incurred as
the result of the terrorist attacks against the United States on
September 11, 2001, or an attack involving anthrax occurring on
or after September 11, 2001, and before January 1, 2002, shall
be treated as related to the purpose or function constituting
the basis for such organization's exemption under section 501 of
such Code if such payments are made in good faith using a
reasonable and objective formula which is consistently applied;
and
(2) in the case of a private foundation (as defined in
section 509 of such Code), any payment described in paragraph
(1) shall not be treated as made to a disqualified person for
purposes of section 4941 of such Code.
[[Page 115 STAT. 2432]]
(b) <<NOTE: Applicability.>> Effective Date.--This section shall
apply to payments made on or after September 11, 2001.
SEC. 105. <<NOTE: 26 USC 108 note.>> EXCLUSION OF CERTAIN CANCELLATIONS
OF INDEBTEDNESS.
(a) In General.--For purposes of the Internal Revenue Code of 1986--
(1) <<NOTE: Anthrax.>> gross income shall not include any
amount which (but for this section) would be includible in gross
income by reason of the discharge (in whole or in part) of
indebtedness of any taxpayer if the discharge is by reason of
the death of an individual incurred as the result of the
terrorist attacks against the United States on September 11,
2001, or as the result of illness incurred as a result of an
attack involving anthrax occurring on or after September 11,
2001, and before January 1, 2002; and
(2) return requirements under section 6050P of such Code
shall not apply to any discharge described in paragraph (1).
(b) <<NOTE: Applicability.>> Effective Date.--This section shall
apply to discharges made on or after September 11, 2001, and before
January 1, 2002.
Subtitle B--Other Relief Provisions
SEC. 111. EXCLUSION FOR DISASTER RELIEF PAYMENTS.
(a) In General.--Part III of subchapter B of chapter 1 (relating to
items specifically excluded from gross income) is amended by
redesignating section 139 as section 140 and inserting after section 138
the following new section:
``SEC. 139. DISASTER RELIEF PAYMENTS.
``(a) General Rule.--Gross income shall not include any amount
received by an individual as a qualified disaster relief payment.
``(b) Qualified Disaster Relief Payment Defined.--For purposes of
this section, the term `qualified disaster relief payment' means any
amount paid to or for the benefit of an individual--
``(1) to reimburse or pay reasonable and necessary personal,
family, living, or funeral expenses incurred as a result of a
qualified disaster,
``(2) to reimburse or pay reasonable and necessary expenses
incurred for the repair or rehabilitation of a personal
residence or repair or replacement of its contents to the extent
that the need for such repair, rehabilitation, or replacement is
attributable to a qualified disaster,
``(3) by a person engaged in the furnishing or sale of
transportation as a common carrier by reason of the death or
personal physical injuries incurred as a result of a qualified
disaster, or
``(4) if such amount is paid by a Federal, State, or local
government, or agency or instrumentality thereof, in connection
with a qualified disaster in order to promote the general
welfare,
but only to the extent any expense compensated by such payment is not
otherwise compensated for by insurance or otherwise.
``(c) Qualified Disaster Defined.--For purposes of this section, the
term `qualified disaster' means--
[[Page 115 STAT. 2433]]
``(1) a disaster which results from a terroristic or
military action (as defined in section 692(c)(2)),
``(2) a Presidentially declared disaster (as defined in
section 1033(h)(3)),
``(3) a disaster which results from an accident involving a
common carrier, or from any other event, which is determined by
the Secretary to be of a catastrophic nature, or
``(4) with respect to amounts described in subsection
(b)(4), a disaster which is determined by an applicable Federal,
State, or local authority (as determined by the Secretary) to
warrant assistance from the Federal, State, or local government
or agency or instrumentality thereof.
``(d) Coordination With Employment Taxes.--For purposes of chapter 2
and subtitle C, a qualified disaster relief payment shall not be treated
as net earnings from self-employment, wages, or compensation subject to
tax.
``(e) No Relief for Certain Individuals.--Subsections (a) and (f)
shall not apply with respect to any individual identified by the
Attorney General to have been a participant or conspirator in a
terroristic action (as so defined), or a representative of such
individual.
``(f) Exclusion of Certain Additional Payments.--Gross income shall
not include any amount received as payment under section 406 of the Air
Transportation Safety and System Stabilization Act.''.
(b) Conforming Amendments.--The table of sections for part III of
subchapter B of chapter 1 is amended by striking the item relating to
section 139 and inserting the following new items:
``Sec. 139. Disaster relief payments.
``Sec. 140. Cross references to other Acts.''.
(c) <<NOTE: Applicability. 26 USC 139 note.>> Effective Date.--The
amendments made by this section shall apply to taxable years ending on
or after September 11, 2001.
SEC. 112. AUTHORITY TO POSTPONE CERTAIN DEADLINES AND REQUIRED ACTIONS.
(a) Expansion of Authority Relating to Disasters and Terroristic or
Military Actions.--Section 7508A <<NOTE: 26 USC 7508A.>> is amended to
read as follows:
``SEC. 7508A. AUTHORITY TO POSTPONE CERTAIN DEADLINES BY REASON OF
PRESIDENTIALLY DECLARED DISASTER OR TERRORISTIC OR MILITARY
ACTIONS.
``(a) In General.--In the case of a taxpayer determined by the
Secretary to be affected by a Presidentially declared disaster (as
defined in section 1033(h)(3)) or a terroristic or military action (as
defined in section 692(c)(2)), the Secretary may specify a period of up
to 1 year that may be disregarded in determining, under the internal
revenue laws, in respect of any tax liability of such taxpayer--
``(1) whether any of the acts described in paragraph (1) of
section 7508(a) were performed within the time prescribed
therefor (determined without regard to extension under any other
provision of this subtitle for periods after the date
(determined by the Secretary) of such disaster or action),
``(2) the amount of any interest, penalty, additional
amount, or addition to the tax for periods after such date, and
[[Page 115 STAT. 2434]]
``(3) the amount of any credit or refund.
``(b) Special Rules Regarding Pensions, Etc.--In the case of a
pension or other employee benefit plan, or any sponsor, administrator,
participant, beneficiary, or other person with respect to such plan,
affected by a disaster or action described in subsection (a), the
Secretary may specify a period of up to 1 year which may be disregarded
in determining the date by which any action is required or permitted to
be completed under this title. No plan shall be treated as failing to be
operated in accordance with the terms of the plan solely as the result
of disregarding any period by reason of the preceding sentence.
``(c) <<NOTE: Applicability.>> Special Rules for Overpayments.--The
rules of section 7508(b) shall apply for purposes of this section.''.
(b) Clarification of Scope of Acts Secretary May Postpone.--Section
7508(a)(1)(K) <<NOTE: 26 USC 7508.>> (relating to time to be
disregarded) is amended by striking ``in regulations prescribed under
this section''.
(c) Conforming Amendments to ERISA.--
(1) Part 5 of subtitle B of title I of the Employee
Retirement Income Security Act of 1974 (29 U.S.C. 1131 et seq.)
is amended by adding at the end the following new section:
``SEC. 518. <<NOTE: 29 USC 1148.>> AUTHORITY TO POSTPONE CERTAIN
DEADLINES BY REASON OF PRESIDENTIALLY DECLARED DISASTER OR
TERRORISTIC OR MILITARY ACTIONS.
``In the case of a pension or other employee benefit plan, or any
sponsor, administrator, participant, beneficiary, or other person with
respect to such plan, affected by a Presidentially declared disaster (as
defined in section 1033(h)(3) of the Internal Revenue Code of 1986) or a
terroristic or military action (as defined in section 692(c)(2) of such
Code), the Secretary may, notwithstanding any other provision of law,
prescribe, by notice or otherwise, a period of up to 1 year which may be
disregarded in determining the date by which any action is required or
permitted to be completed under this Act. No plan shall be treated as
failing to be operated in accordance with the terms of the plan solely
as the result of disregarding any period by reason of the preceding
sentence.''.
(2) Section 4002 of Employee Retirement Income Security Act
of 1974 (29 U.S.C. 1302) is amended by adding at the end the
following new subsection:
``(i) Special Rules Regarding Disasters, Etc.--In the case of a
pension or other employee benefit plan, or any sponsor, administrator,
participant, beneficiary, or other person with respect to such plan,
affected by a Presidentially declared disaster (as defined in section
1033(h)(3) of the Internal Revenue Code of 1986) or a terroristic or
military action (as defined in section 692(c)(2) of such Code), the
corporation may, notwithstanding any other provision of law, prescribe,
by notice or otherwise, a period of up to 1 year which may be
disregarded in determining the date by which any action is required or
permitted to be completed under this Act. No plan shall be treated as
failing to be operated in accordance with the terms of the plan solely
as the result of disregarding any period by reason of the preceding
sentence.''.
(d) Additional Conforming Amendments.--
(1) Section 6404 <<NOTE: 26 USC 6404.>> is amended--
(A) by striking subsection (h);
[[Page 115 STAT. 2435]]
(B) by redesignating subsection (i) as subsection
(h); and
(C) by adding at the end the following new
subsection:
``(i) Cross Reference.--
``For authority to suspend running of interest, etc.
by reason of Presidentially declared disaster or
terroristic or military action, see section 7508A.''.
(2) Section 6081(c) <<NOTE: 26 USC 6081.>> is amended to
read as follows:
``(c) Cross References.--
``For time for performing certain acts postponed by
reason of war, see section 7508, and by reason of
Presidentially declared disaster or terroristic or
military action, see section 7508A.''.
(3) Section 6161(d) is amended by adding at the end the
following new paragraph:
``(3) Postponement of certain acts.--
``For time for performing certain acts postponed by
reason of war, see section 7508, and by reason of
Presidentially declared disaster or terroristic or
military action, see section 7508A.''.
(e) Clerical Amendments.--
(1) The item relating to section 7508A in the table of
sections for chapter 77 is amended to read as follows:
``Sec. 7508A. Authority to postpone certain deadlines by
reason of Presidentially declared
disaster or terroristic or military
actions.''.
(2) The table of contents for the Employee Retirement Income
Security Act of 1974 is amended by inserting after the item
relating to section 517 the following new item:
``Sec. 518. Authority to postpone certain deadlines by
reason of Presidentially declared
disaster or terroristic or military
actions.''.
(f) <<NOTE: Applicability. 26 USC 6081 note.>> Effective Date.--The
amendments made by this section shall apply to disasters and terroristic
or military actions occurring on or after September 11, 2001, with
respect to any action of the Secretary of the Treasury, the Secretary of
Labor, or the Pension Benefit Guaranty Corporation occurring on or after
the date of the enactment of this Act.
SEC. 113. APPLICATION OF CERTAIN PROVISIONS TO TERRORISTIC OR MILITARY
ACTIONS.
(a) Disability Income.--Section 104(a)(5) (relating to compensation
for injuries or sickness) is amended by striking ``a violent attack''
and all that follows through the period and inserting ``a terroristic or
military action (as defined in section 692(c)(2)).''.
(b) Exemption From Income Tax for Certain Military or Civilian
Employees.--Section 692(c) is amended--
(1) by striking ``outside the United States'' in paragraph
(1); and
(2) by striking ``Sustained Overseas'' in the heading.
(c) <<NOTE: Applicability. 26 USC 104 note.>> Effective Date.--The
amendments made by this section shall apply to taxable years ending on
or after September 11, 2001.
SEC. 114. CLARIFICATION OF DUE DATE FOR AIRLINE EXCISE TAX DEPOSITS.
(a) In General.--Paragraph (3) of section 301(a) of the Air
Transportation Safety and System Stabilization Act (Public Law 107-
42) <<NOTE: 49 USC 40101 note.>> is amended to read as follows:
[[Page 115 STAT. 2436]]
``(3) Airline-related deposit.--For purposes of this
subsection, the term `airline-related deposit' means any deposit
of taxes imposed by subchapter C of chapter 33 of such Code
(relating to transportation by air).''.
(b) <<NOTE: 49 USC 40101 note.>> Effective Date.--The amendment made
by this section shall take effect as if included in section 301 of the
Air Transportation Safety and System Stabilization Act (Public Law 107-
42).
SEC. 115. TREATMENT OF CERTAIN STRUCTURED SETTLEMENT PAYMENTS.
(a) In General.--Subtitle E is amended by adding at the end the
following new chapter:
``CHAPTER 55--STRUCTURED SETTLEMENT FACTORING TRANSACTIONS
``Sec. 5891. Structured settlement factoring
transactions.
``SEC. 5891. STRUCTURED SETTLEMENT FACTORING TRANSACTIONS.
``(a) Imposition of Tax.--There is hereby imposed on any person who
acquires directly or indirectly structured settlement payment rights in
a structured settlement factoring transaction a tax equal to 40 percent
of the factoring discount as determined under subsection (c)(4) with
respect to such factoring transaction.
``(b) Exception for Certain Approved Transactions.--
``(1) In general.--The tax under subsection (a) shall not
apply in the case of a structured settlement factoring
transaction in which the transfer of structured settlement
payment rights is approved in advance in a qualified order.
``(2) Qualified order.--For purposes of this section, the
term `qualified order' means a final order, judgment, or decree
which--
``(A) finds that the transfer described in paragraph
(1)--
``(i) does not contravene any Federal or State
statute or the order of any court or responsible
administrative authority, and
``(ii) is in the best interest of the payee,
taking into account the welfare and support of the
payee's dependents, and
``(B) is issued--
``(i) under the authority of an applicable
State statute by an applicable State court, or
``(ii) by the responsible administrative
authority (if any) which has exclusive
jurisdiction over the underlying action or
proceeding which was resolved by means of the
structured settlement.
``(3) Applicable state statute.--For purposes of this
section, the term `applicable State statute' means a statute
providing for the entry of an order, judgment, or decree
described in paragraph (2)(A) which is enacted by--
``(A) the State in which the payee of the structured
settlement is domiciled, or
``(B) if there is no statute described in
subparagraph (A), the State in which either the party to
the structured settlement (including an assignee under a
qualified assignment under section 130) or the person
issuing the funding
[[Page 115 STAT. 2437]]
asset for the structured settlement is domiciled or has
its principal place of business.
``(4) Applicable state court.--For purposes of this
section--
``(A) In general.--The term `applicable State court'
means, with respect to any applicable State statute, a
court of the State which enacted such statute.
``(B) Special rule.--In the case of an applicable
State statute described in paragraph (3)(B), such term
also includes a court of the State in which the payee of
the structured settlement is domiciled.
``(5) Qualified order dispositive.--A qualified order shall
be treated as dispositive for purposes of the exception under
this subsection.
``(c) Definitions.--For purposes of this section--
``(1) Structured settlement.--The term `structured
settlement' means an arrangement--
``(A) which is established by--
``(i) suit or agreement for the periodic
payment of damages excludable from the gross
income of the recipient under section 104(a)(2),
or
``(ii) agreement for the periodic payment of
compensation under any workers' compensation law
excludable from the gross income of the recipient
under section 104(a)(1), and
``(B) under which the periodic payments are--
``(i) of the character described in
subparagraphs (A) and (B) of section 130(c)(2),
and
``(ii) payable by a person who is a party to
the suit or agreement or to the workers'
compensation claim or by a person who has assumed
the liability for such periodic payments under a
qualified assignment in accordance with section
130.
``(2) Structured settlement payment rights.--The term
`structured settlement payment rights' means rights to receive
payments under a structured settlement.
``(3) Structured settlement factoring transaction.--
``(A) In general.--The term `structured settlement
factoring transaction' means a transfer of structured
settlement payment rights (including portions of
structured settlement payments) made for consideration
by means of sale, assignment, pledge, or other form of
encumbrance or alienation for consideration.
``(B) Exception.--Such term shall not include--
``(i) the creation or perfection of a security
interest in structured settlement payment rights
under a blanket security agreement entered into
with an insured depository institution in the
absence of any action to redirect the structured
settlement payments to such institution (or agent
or successor thereof) or otherwise to enforce such
blanket security interest as against the
structured settlement payment rights, or
``(ii) a subsequent transfer of structured
settlement payment rights acquired in a structured
settlement factoring transaction.
``(4) Factoring discount.--The term `factoring discount'
means an amount equal to the excess of--
[[Page 115 STAT. 2438]]
``(A) the aggregate undiscounted amount of
structured settlement payments being acquired in the
structured settlement factoring transaction, over
``(B) the total amount actually paid by the acquirer
to the person from whom such structured settlement
payments are acquired.
``(5) Responsible administrative authority.--The term
`responsible administrative authority' means the administrative
authority which had jurisdiction over the underlying action or
proceeding which was resolved by means of the structured
settlement.
``(6) State.--The term `State' includes the Commonwealth of
Puerto Rico and any possession of the United States.
``(d) Coordination With Other Provisions.--
``(1) In general.--If the applicable requirements of
sections 72, 104(a)(1), 104(a)(2), 130, and 461(h) were
satisfied at the time the structured settlement involving
structured settlement payment rights was entered into, the
subsequent occurrence of a structured settlement factoring
transaction shall not affect the application of the provisions
of such sections to the parties to the structured settlement
(including an assignee under a qualified assignment under
section 130) in any taxable year.
``(2) No withholding of tax.--The provisions of section 3405
regarding withholding of tax shall not apply to the person
making the payments in the event of a structured settlement
factoring transaction.''.
(b) Clerical Amendment.--The table of chapters for subtitle E is
amended by adding at the end the following new item:
``Chapter 55. Structured settlement factoring
transactions.''.
(c) <<NOTE: 26 USC 5891 note.>> Effective Dates.--
(1) <<NOTE: Applicability.>> In general.--The amendments
made by this section (other than the provisions of section
5891(d) of the Internal Revenue Code of 1986, as added by this
section) shall apply to structured settlement factoring
transactions (as defined in section 5891(c) of such Code (as so
added)) entered into on or after the 30th day following the date
of the enactment of this Act.
(2) <<NOTE: Applicability.>> Clarification of existing
law.--Section 5891(d) of such Code (as so added) shall apply to
structured settlement factoring transactions (as defined in
section 5891(c) of such Code (as so added)) entered into before,
on, or after such 30th day.
(3) Transition rule.--In the case of a structured settlement
factoring transaction entered into during the period beginning
on the 30th day following the date of the enactment of this Act
and ending on July 1, 2002, no tax shall be imposed under
section 5891(a) of such Code if--
(A) the structured settlement payee is domiciled in
a State (or possession of the United States) which has
not enacted a statute providing that the structured
settlement factoring transaction is ineffective unless
the transaction has been approved by an order, judgment,
or decree of a court (or where applicable, a responsible
administrative authority) which finds that such
transaction--
[[Page 115 STAT. 2439]]
(i) does not contravene any Federal or State
statute or the order of any court (or responsible
administrative authority); and
(ii) is in the best interest of the structured
settlement payee or is appropriate in light of a
hardship faced by the payee; and
(B) the person acquiring the structured settlement
payment rights discloses to the structured settlement
payee in advance of the structured settlement factoring
transaction the amounts and due dates of the payments to
be transferred, the aggregate amount to be transferred,
the consideration to be received by the structured
settlement payee for the transferred payments, the
discounted present value of the transferred payments
(including the present value as determined in the manner
described in section 7520 of such Code), and the
expenses required under the terms of the structured
settlement factoring transaction to be paid by the
structured settlement payee or deducted from the
proceeds of such transaction.
SEC. 116. PERSONAL EXEMPTION DEDUCTION FOR CERTAIN DISABILITY TRUSTS.
(a) In General.--Subsection (b) of section 642 <<NOTE: 26 USC
642.>> (relating to deduction for personal exemption) is amended to read
as follows:
``(b) Deduction for Personal Exemption.--
``(1) Estates.--An estate shall be allowed a deduction of
$600.
``(2) Trusts.--
``(A) In general.--Except as otherwise provided in
this paragraph, a trust shall be allowed a deduction of
$100.
``(B) Trusts distributing income currently.--A trust
which, under its governing instrument, is required to
distribute all of its income currently shall be allowed
a deduction of $300.
``(C) Disability trusts.--
``(i) In general.--A qualified disability
trust shall be allowed a deduction equal to the
exemption amount under section 151(d),
determined--
``(I) by treating such trust as an
individual described in section
151(d)(3)(C)(iii), and
``(II) by applying section 67(e)
(without the reference to section
642(b)) for purposes of determining the
adjusted gross income of the trust.
``(ii) Qualified disability trust.--For
purposes of clause (i), the term `qualified
disability trust' means any trust if--
``(I) such trust is a disability
trust described in subsection
(c)(2)(B)(iv) of section 1917 of the
Social Security Act (42 U.S.C. 1396p),
and
``(II) all of the beneficiaries of
the trust as of the close of the taxable
year are determined by the Commissioner
of Social Security to have been disabled
(within the meaning of section
1614(a)(3) of the Social Security Act,
42 U.S.C. 1382c(a)(3)) for some portion
of such year.
[[Page 115 STAT. 2440]]
A trust shall not fail to meet the requirements of
subclause (II) merely because the corpus of the
trust may revert to a person who is not so
disabled after the trust ceases to have any
beneficiary who is so disabled.
``(3) Deductions in lieu of personal exemption.--The
deductions allowed by this subsection shall be in lieu of the
deductions allowed under section 151 (relating to deduction for
personal exemption).''.
(b) <<NOTE: Applicability. 26 USC 642 note.>> Effective Date.--The
amendment made by this section shall apply to taxable years ending on or
after September 11, 2001.
TITLE II--DISCLOSURE OF TAX INFORMATION IN TERRORISM AND NATIONAL
SECURITY INVESTIGATIONS
SEC. 201. DISCLOSURE OF TAX INFORMATION IN TERRORISM AND NATIONAL
SECURITY INVESTIGATIONS.
(a) Disclosure Without a Request of Information Relating to
Terrorist Activities, Etc.--Paragraph (3) of section 6103(i) <<NOTE: 26
USC 6103.>> (relating to disclosure of return information to apprise
appropriate officials of criminal activities or emergency circumstances)
is amended by adding at the end the following new subparagraph:
``(C) Terrorist activities, etc.--
``(i) In general.--Except as provided in
paragraph (6), the Secretary may disclose in
writing return information (other than taxpayer
return information) that may be related to a
terrorist incident, threat, or activity to the
extent necessary to apprise the head of the
appropriate Federal law enforcement agency
responsible for investigating or responding to
such terrorist incident, threat, or activity. The
head of the agency may disclose such return
information to officers and employees of such
agency to the extent necessary to investigate or
respond to such terrorist incident, threat, or
activity.
``(ii) Disclosure to the department of
justice.--Returns and taxpayer return information
may also be disclosed to the Attorney General
under clause (i) to the extent necessary for, and
solely for use in preparing, an application under
paragraph (7)(D).
``(iii) Taxpayer identity.--For purposes of
this subparagraph, a taxpayer's identity shall not
be treated as taxpayer return information.
``(iv) Termination.--No disclosure may be made
under this subparagraph after December 31,
2003.''.
(b) Disclosure Upon Request of Information Relating to Terrorist
Activities, Etc.--Subsection (i) of section 6103 (relating to disclosure
to Federal officers or employees for administration of Federal laws not
relating to tax administration) is amended by redesignating paragraph
(7) as paragraph (8) and by inserting after paragraph (6) the following
new paragraph:
``(7) Disclosure upon request of information relating to
terrorist activities, etc.--
[[Page 115 STAT. 2441]]
``(A) Disclosure to law enforcement agencies.--
``(i) In general.--Except as provided in
paragraph (6), upon receipt by the Secretary of a
written request which meets the requirements of
clause (iii), the Secretary may disclose return
information (other than taxpayer return
information) to officers and employees of any
Federal law enforcement agency who are personally
and directly engaged in the response to or
investigation of any terrorist incident, threat,
or activity.
``(ii) Disclosure to state and local law
enforcement agencies.--The head of any Federal law
enforcement agency may disclose return information
obtained under clause (i) to officers and
employees of any State or local law enforcement
agency but only if such agency is part of a team
with the Federal law enforcement agency in such
response or investigation and such information is
disclosed only to officers and employees who are
personally and directly engaged in such response
or investigation.
``(iii) Requirements.--A request meets the
requirements of this clause if--
``(I) the request is made by the
head of any Federal law enforcement
agency (or his delegate) involved in the
response to or investigation of any
terrorist incident, threat, or activity,
and
``(II) the request sets forth the
specific reason or reasons why such
disclosure may be relevant to a
terrorist incident, threat, or activity.
``(iv) Limitation on use of information.--
Information disclosed under this subparagraph
shall be solely for the use of the officers and
employees to whom such information is disclosed in
such response or investigation.
``(B) Disclosure to intelligence agencies.--
``(i) In general.--Except as provided in
paragraph (6), upon receipt by the Secretary of a
written request which meets the requirements of
clause (ii), the Secretary may disclose return
information (other than taxpayer return
information) to those officers and employees of
the Department of Justice, the Department of the
Treasury, and other Federal intelligence agencies
who are personally and directly engaged in the
collection or analysis of intelligence and
counterintelligence information or investigation
concerning any terrorist incident, threat, or
activity. For purposes of the preceding sentence,
the information disclosed under the preceding
sentence shall be solely for the use of such
officers and employees in such investigation,
collection, or analysis.
``(ii) Requirements.--A request meets the
requirements of this subparagraph if the request--
``(I) is made by an individual
described in clause (iii), and
``(II) sets forth the specific
reason or reasons why such disclosure
may be relevant to a terrorist incident,
threat, or activity.
[[Page 115 STAT. 2442]]
``(iii) Requesting individuals.--An individual
described in this subparagraph is an individual--
``(I) who is an officer or employee
of the Department of Justice or the
Department of the Treasury who is
appointed by the President with the
advice and consent of the Senate or who
is the Director of the United States
Secret Service, and
``(II) who is responsible for the
collection and analysis of intelligence
and counterintelligence information
concerning any terrorist incident,
threat, or activity.
``(iv) Taxpayer identity.--For purposes of
this subparagraph, a taxpayer's identity shall not
be treated as taxpayer return information.
``(C) Disclosure under ex parte orders.--
``(i) In general.--Except as provided in
paragraph (6), any return or return information
with respect to any specified taxable period or
periods shall, pursuant to and upon the grant of
an ex parte order by a Federal district court
judge or magistrate under clause (ii), be open
(but only to the extent necessary as provided in
such order) to inspection by, or disclosure to,
officers and employees of any Federal law
enforcement agency or Federal intelligence agency
who are personally and directly engaged in any
investigation, response to, or analysis of
intelligence and counterintelligence information
concerning any terrorist incident, threat, or
activity. Return or return information opened to
inspection or disclosure pursuant to the preceding
sentence shall be solely for the use of such
officers and employees in the investigation,
response, or analysis, and in any judicial,
administrative, or grand jury proceedings,
pertaining to such terrorist incident, threat, or
activity.
``(ii) Application for order.--The Attorney
General, the Deputy Attorney General, the
Associate Attorney General, any Assistant Attorney
General, or any United States attorney may
authorize an application to a Federal district
court judge or magistrate for the order referred
to in clause (i). Upon such application, such
judge or magistrate may grant such order if he
determines on the basis of the facts submitted by
the applicant that--
``(I) there is reasonable cause to
believe, based upon information believed
to be reliable, that the return or
return information may be relevant to a
matter relating to such terrorist
incident, threat, or activity, and
``(II) the return or return
information is sought exclusively for
use in a Federal investigation,
analysis, or proceeding concerning any
terrorist incident, threat, or activity.
``(D) Special rule for ex parte disclosure by the
irs.--
``(i) In general.--Except as provided in
paragraph (6), the Secretary may authorize an
application to a
[[Page 115 STAT. 2443]]
Federal district court judge or magistrate for the
order referred to in subparagraph (C)(i). Upon
such application, such judge or magistrate may
grant such order if he determines on the basis of
the facts submitted by the applicant that the
requirements of subparagraph (C)(ii)(I) are met.
``(ii) Limitation on use of information.--
Information disclosed under clause (i)--
``(I) may be disclosed only to the
extent necessary to apprise the head of
the appropriate Federal law enforcement
agency responsible for investigating or
responding to a terrorist incident,
threat, or activity, and
``(II) shall be solely for use in a
Federal investigation, analysis, or
proceeding concerning any terrorist
incident, threat, or activity.
The head of such Federal agency may disclose such
information to officers and employees of such
agency to the extent necessary to investigate or
respond to such terrorist incident, threat, or
activity.
``(E) Termination.--No disclosure may be made under
this paragraph after December 31, 2003.''.
(c) Conforming Amendments.--
(1) Section 6103(a)(2) <<NOTE: 26 USC 6103.>> is amended by
inserting ``any local law enforcement agency receiving
information under subsection (i)(7)(A),'' after ``State,''.
(2) Section 6103(b) is amended by adding at the end the
following new paragraph:
``(11) Terrorist incident, threat, or activity.--The term
`terrorist incident, threat, or activity' means an incident,
threat, or activity involving an act of domestic terrorism (as
defined in section 2331(5) of title 18, United States Code) or
international terrorism (as defined in section 2331(1) of such
title).''.
(3) The heading of section 6103(i)(3) is amended by
inserting ``or terrorist'' after ``criminal''.
(4) Paragraph (4) of section 6103(i) is amended--
(A) in subparagraph (A) by inserting ``or (7)(C)''
after ``paragraph (1)''; and
(B) in subparagraph (B) by striking ``or (3)(A)''
and inserting ``(3)(A) or (C), or (7)''.
(5) Paragraph (6) of section 6103(i) is amended--
(A) by striking ``(3)(A)'' and inserting ``(3)(A) or
(C)''; and
(B) by striking ``or (7)'' and inserting ``(7), or
(8)''.
(6) Section 6103(p)(3) is amended--
(A) in subparagraph (A) by striking ``(7)(A)(ii)''
and inserting ``(8)(A)(ii)''; and
(B) in subparagraph (C) by striking ``(i)(3)(B)(i)''
and inserting ``(i)(3)(B)(i) or (7)(A)(ii)''.
(7) Section 6103(p)(4) is amended--
(A) in the matter preceding subparagraph (A)--
(i) by striking ``or (5),'' the first place it
appears and inserting ``(5), or (7),''; and
(ii) by striking ``(i)(3)(B)(i),'' and
inserting ``(i)(3)(B)(i) or (7)(A)(ii),''; and
(B) in subparagraph (F)(ii) by striking ``or (5),''
the first place it appears and inserting ``(5) or
(7),''.
[[Page 115 STAT. 2444]]
(8) Section 6103(p)(6)(B)(i) <<NOTE: 26 USC 6103.>> is
amended by striking ``(i)(7)(A)(ii)'' and inserting
``(i)(8)(A)(ii)''.
(9) Section 6105(b) is amended--
(A) by striking ``or'' at the end of paragraph (2);
(B) by striking ``paragraphs (1) or (2)'' in
paragraph (3) and inserting ``paragraph (1), (2), or
(3)'';
(C) by redesignating paragraph (3) as paragraph (4);
and
(D) by inserting after paragraph (2) the following
new paragraph:
``(3) to the disclosure of tax convention information on the
same terms as return information may be disclosed under
paragraph (3)(C) or (7) of section 6103(i), except that in the
case of tax convention information provided by a foreign
government, no disclosure may be made under this paragraph
without the written consent of the foreign government, or''.
(10) Section 7213(a)(2) is amended by striking
``(i)(3)(B)(i),'' and inserting ``(i)(3)(B)(i) or (7)(A)(ii),''.
(d) <<NOTE: Applicability. 26 USC 6103 note.>> Effective Date.--The
amendments made by this section shall apply to disclosures made on or
after the date of the enactment of this Act.
TITLE III--NO IMPACT ON SOCIAL SECURITY TRUST FUNDS
SEC. 301. <<NOTE: 42 USC 401 note.>> NO IMPACT ON SOCIAL SECURITY TRUST
FUNDS.
(a) In General.--Nothing in this Act (or an amendment made by this
Act) shall be construed to alter or amend title II of the Social
Security Act (or any regulation promulgated under that Act).
(b) Transfers.--
(1) Estimate of secretary.--The Secretary of the Treasury
shall annually estimate the impact that the enactment of this
Act has on the income and balances of the trust funds
established under section 201 of the Social Security Act (42
U.S.C. 401).
(2) Transfer of funds.--If, under paragraph (1), the
Secretary of the Treasury estimates that the enactment of this
Act has a negative impact on the income and balances of the
trust funds established under section 201 of the Social Security
Act (42 U.S.C. 401), the Secretary shall transfer, not less
frequently than quarterly, from the general revenues of the
Federal Government an amount sufficient so as to ensure
[[Page 115 STAT. 2445]]
that the income and balances of such trust funds are not reduced
as a result of the enactment of this Act.
Approved January 23, 2002.
LEGISLATIVE HISTORY--H.R. 2884 (S. 1440):
---------------------------------------------------------------------------
CONGRESSIONAL RECORD, Vol. 147 (2001):
Sept. 13, considered and passed House.
Nov. 16, considered and passed Senate, amended.
Dec. 13, House concurred in Senate amendments with an
amendment.
Dec. 20, Senate concurred in House amendment with an
amendment. House concurred in Senate amendment.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 38 (2002):
Jan. 23, Presidential remarks.
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