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[110th Congress Public Law 172]
[From the U.S. Government Printing Office]

[DOCID: f:publ172.110]

[[Page 121 STAT. 2473]]

Public Law 110-172
110th Congress

                                 An Act

 
      To amend the Internal Revenue Code of 1986 to make technical 
       corrections, and for other <<NOTE: Dec. 29, 2007 -  [H.R. 
                            4839]>> purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress <<NOTE: Tax Technical Corrections 
Act of 2007.>> assembled,
SECTION 1. SHORT TITLE; AMENDMENT OF 1986 CODE; TABLE OF CONTENTS.

    (a) Short <<NOTE: 26 USC 1 note.>> Title.--This Act may be cited as 
the ``Tax Technical Corrections Act of 2007''.

    (b) Amendment <<NOTE: 26 USC 1 et seq.>> 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 of this Act is as 
follows:

Sec. 1. Short title; amendment of 1986 Code; table of contents.
Sec. 2. Amendment related to the Tax Relief and Health Care Act of 2006.
Sec. 3. Amendments related to title XII of the Pension Protection Act of 
           2006.
Sec. 4. Amendments related to the Tax Increase Prevention and 
           Reconciliation Act of 2005.
Sec. 5. Amendments related to the Safe, Accountable, Flexible, Efficient 
           Transportation Equity Act: A Legacy for Users.
Sec. 6. Amendments related to the Energy Policy Act of 2005.
Sec. 7. Amendments related to the American Jobs Creation Act of 2004.
Sec. 8. Amendments related to the Economic Growth and Tax Relief 
           Reconciliation Act of 2001.
Sec. 9. Amendments related to the Tax Relief Extension Act of 1999.
Sec. 10. Amendment related to the Internal Revenue Service Restructuring 
           and Reform Act of 1998.
Sec. 11. Clerical corrections.

SEC. 2. AMENDMENT RELATED TO THE TAX RELIEF AND HEALTH CARE ACT OF 
                    2006.

    (a) Amendment Related to Section 402 of Division A of the Act.--
Subparagraph (A) of section 53(e)(2) <<NOTE: 26 USC 53.>> is amended to 
read as follows:
                    ``(A) In general.--The term `AMT refundable credit 
                amount' means, with respect to any taxable year, the 
                amount (not in excess of the long-term unused minimum 
                tax credit for such taxable year) equal to the greater 
                of--
                          ``(i) $5,000,
                          ``(ii) 20 percent of the long-term unused 
                      minimum tax credit for such taxable year, or
                          ``(iii) the amount (if any) of the AMT 
                      refundable credit amount determined under this 
                      paragraph for

[[Page 121 STAT. 2474]]

                      the taxpayer's preceding taxable year (as 
                      determined before any reduction under subparagraph 
                      (B)).''.

    (b) Effective <<NOTE: 26 USC 53 note.>> Date.--The amendment made by 
this section shall take effect as if included in the provision of the 
Tax Relief and Health Care Act of 2006 to which it relates.
SEC. 3. AMENDMENTS RELATED TO TITLE XII OF THE PENSION PROTECTION 
                    ACT OF 2006.

    (a) Amendment Related to Section 1201 of the Act.--Subparagraph (D) 
of section 408(d)(8) <<NOTE: 26 USC 408.>> is amended by striking ``all 
amounts distributed from all individual retirement plans were treated as 
1 contract under paragraph (2)(A) for purposes of determining the 
inclusion of such distribution under section 72'' and inserting ``all 
amounts in all individual retirement plans of the individual were 
distributed during such taxable year and all such plans were treated as 
1 contract for purposes of determining under section 72 the aggregate 
amount which would have been so includible''.

    (b) Amendment Related to Section 1203 of the Act.--Subsection (d) of 
section 1366 is amended by adding at the end the following new 
paragraph:
            ``(4) Application of limitation on charitable 
        contributions.--In the case of any charitable contribution of 
        property to which the second sentence of section 1367(a)(2) 
        applies, paragraph (1) shall not apply to the extent of the 
        excess (if any) of--
                    ``(A) the shareholder's pro rata share of such 
                contribution, over
                    ``(B) the shareholder's pro rata share of the 
                adjusted basis of such property.''.

    (c) Amendment Related to Section 1215 of the Act.--Subclause (I) of 
section 170(e)(7)(D)(i) is amended by striking ``related'' and inserting 
``substantial and related''.
    (d) Amendments Related to Section 1218 of the Act.--
            (1) Section 2055 is amended by striking subsection (g) and 
        by redesignating subsection (h) as subsection (g).
            (2) Subsection (e) of section 2522 is amended--
                    (A) by striking paragraphs (2) and (4),
                    (B) by redesignating paragraph (3) as paragraph (2), 
                and
                    (C) by adding at the end of paragraph (2), as so 
                redesignated, the following new subparagraph:
                    ``(C) Initial fractional contribution.--For purposes 
                of this paragraph, the term `initial fractional 
                contribution' means, with respect to any donor, the 
                first gift of an undivided portion of the donor's entire 
                interest in any tangible personal property for which a 
                deduction is allowed under subsection (a) or (b).''.

    (e) Amendments Related to Section 1219 of the Act.--
            (1) Paragraph (2) of section 6695A(a) is amended by 
        inserting ``a substantial estate or gift tax valuation 
        understatement (within the meaning of section 6662(g)),'' before 
        ``or a gross valuation misstatement''.
            (2) Paragraph (1) of section 6696(d) is amended by striking 
        ``or under section 6695'' and inserting ``, section 6695, or 
        6695A''.

[[Page 121 STAT. 2475]]

    (f) Amendment Related to Section 1221 of the Act.--Subparagraph (A) 
of section 4940(c)(4) <<NOTE: 26 USC 4940.>> is amended to read as 
follows:
                    ``(A) There shall not be taken into account any gain 
                or loss from the sale or other disposition of property 
                to the extent that such gain or loss is taken into 
                account for purposes of computing the tax imposed by 
                section 511.''.

    (g) Amendment Related to Section 1225 of the Act.--
            (1) Subsection (b) of section 6104 is amended--
                    (A) by striking ``Information'' in the heading, and
                    (B) by adding at the end the following: ``Any annual 
                return which is filed under section 6011 by an 
                organization described in section 501(c)(3) and which 
                relates to any tax imposed by section 511 (relating to 
                imposition of tax on unrelated business income of 
                charitable, etc., organizations) shall be treated for 
                purposes of this subsection in the same manner as if 
                furnished under section 6033.''.
            (2) Clause (ii) of section 6104(d)(1)(A) is amended to read 
        as follows:
                          ``(ii) any annual return which is filed under 
                      section 6011 by an organization described in 
                      section 501(c)(3) and which relates to any tax 
                      imposed by section 511 (relating to imposition of 
                      tax on unrelated business income of charitable, 
                      etc., organizations),''.
            (3) Paragraph (2) of section 6104(d) is amended by striking 
        ``section 6033'' and inserting ``section 6011 or 6033''.

    (h) Amendment Related to Section 1231 of the Act.--Subsection (b) of 
section 4962 is amended by striking ``or D'' and inserting ``D, or G''.
    (i) Amendment Related to Section 1242 of the Act.--
            (1) Subclause (II) of section 4958(c)(3)(A)(i) is amended by 
        striking ``paragraph (1), (2), or (4) of section 509(a)'' and 
        inserting ``subparagraph (C)(ii)''.
            (2) Clause (ii) of section 4958(c)(3)(C) is amended to read 
        as follows:
                          ``(ii) Exception.--Such term shall not 
                      include--
                                    ``(I) any organization described in 
                                paragraph (1), (2), or (4) of section 
                                509(a), and
                                    ``(II) any organization which is 
                                treated as described in such paragraph 
                                (2) by reason of the last sentence of 
                                section 509(a) and which is a supported 
                                organization (as defined in section 
                                509(f)(3)) of the organization to which 
                                subparagraph (A) applies.''.

    (j) Effective <<NOTE: 26 USC 170 note.>> Date.--The amendments made 
by this section shall take effect as if included in the provisions of 
the Pension Protection Act of 2006 to which they relate.
SEC. 4. AMENDMENTS RELATED TO THE TAX INCREASE PREVENTION AND 
                    RECONCILIATION ACT OF 2005.

    (a) Amendments Related to Section 103 of the Act.--Paragraph (6) of 
section 954(c) is amended by redesignating subparagraph (B) as 
subparagraph (C) and inserting after subparagraph (A) the following new 
subparagraph:
                    ``(B) Exception.--Subparagraph (A) shall not apply 
                in the case of any interest, rent, or royalty to the 
                extent such interest, rent, or royalty creates (or 
                increases) a deficit

[[Page 121 STAT. 2476]]

                which under section 952(c) may reduce the subpart F 
                income of the payor or another controlled foreign 
                corporation.''.

    (b) Amendments Related to Section 202 of the Act.--
            (1) Subparagraph (A) of section 355(b)(2) <<NOTE: 26 USC 
        355.>> is amended to read as follows:
                    ``(A) it is engaged in the active conduct of a trade 
                or business,''.
            (2) Paragraph (3) of section 355(b) is amended to read as 
        follows:
            ``(3) Special rules for determining active conduct in the 
        case of affiliated groups.--
                    ``(A) In general.--For purposes of determining 
                whether a corporation meets the requirements of 
                paragraph (2)(A), all members of such corporation's 
                separate affiliated group shall be treated as one 
                corporation.
                    ``(B) Separate affiliated group.--For purposes of 
                this paragraph, the term `separate affiliated group' 
                means, with respect to any corporation, 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) Treatment of trade or business conducted by 
                acquired member.--If a corporation became a member of a 
                separate affiliated group as a result of one or more 
                transactions in which gain or loss was recognized in 
                whole or in part, any trade or business conducted by 
                such corporation (at the time that such corporation 
                became such a member) shall be treated for purposes of 
                paragraph (2) as acquired in a transaction in which gain 
                or loss was recognized in whole or in part.
                    ``(D) Regulations.--The Secretary shall prescribe 
                such regulations as are necessary or appropriate to 
                carry out the purposes of this paragraph, including 
                regulations which provide for the proper application of 
                subparagraphs (B), (C), and (D) of paragraph (2), and 
                modify the application of subsection (a)(3)(B), in 
                connection with the application of this paragraph.''.
            (3) <<NOTE: Applicability. 26 USC 355 note.>> The Internal 
        Revenue Code of 1986 shall be applied and administered as if the 
        amendments made by section 202 of the Tax Increase Prevention 
        and Reconciliation Act of 2005 and by section 410 of division A 
        of the Tax Relief and Health Care Act of 2006 had never been 
        enacted.

    (c) Amendment Related to Section 515 of the Act.--Subsection (f) of 
section 911 is amended to read as follows:
    ``(f) Determination of Tax Liability.--
            ``(1) In general.--If, for any taxable year, any amount is 
        excluded from gross income of a taxpayer under subsection (a), 
        then, notwithstanding sections 1 and 55--
                    ``(A) if such taxpayer has taxable income for such 
                taxable year, the tax imposed by section 1 for such 
                taxable year shall be equal to the excess (if any) of--
                          ``(i) the tax which would be imposed by 
                      section 1 for such taxable year if the taxpayer's 
                      taxable income were increased by the amount 
                      excluded under subsection (a) for such taxable 
                      year, over

[[Page 121 STAT. 2477]]

                          ``(ii) the tax which would be imposed by 
                      section 1 for such taxable year if the taxpayer's 
                      taxable income were equal to the amount excluded 
                      under subsection (a) for such taxable year, and
                    ``(B) if such taxpayer has a taxable excess (as 
                defined in section 55(b)(1)(A)(ii)) for such taxable 
                year, the amount determined under the first sentence of 
                section 55(b)(1)(A)(i) for such taxable year shall be 
                equal to the excess (if any) of--
                          ``(i) the amount which would be determined 
                      under such sentence for such taxable year (subject 
                      to the limitation of section 55(b)(3)) if the 
                      taxpayer's taxable excess (as so defined) were 
                      increased by the amount excluded under subsection 
                      (a) for such taxable year, over
                          ``(ii) the amount which would be determined 
                      under such sentence for such taxable year if the 
                      taxpayer's taxable excess (as so defined) were 
                      equal to the amount excluded under subsection (a) 
                      for such taxable year.
            ``(2) Special rules.--
                    ``(A) Regular tax.--In applying section 1(h) for 
                purposes of determining the tax under paragraph 
                (1)(A)(i) for any taxable year in which, without regard 
                to this subsection, the taxpayer's net capital gain 
                exceeds taxable income (hereafter in this subparagraph 
                referred to as the capital gain excess)--
                          ``(i) the taxpayer's net capital gain 
                      (determined without regard to section 1(h)(11)) 
                      shall be reduced (but not below zero) by such 
                      capital gain excess,
                          ``(ii) the taxpayer's qualified dividend 
                      income shall be reduced by so much of such capital 
                      gain excess as exceeds the taxpayer's net capital 
                      gain (determined without regard to section 
                      1(h)(11) and the reduction under clause (i)), and
                          ``(iii) adjusted net capital gain, 
                      unrecaptured section 1250 gain, and 28-percent 
                      rate gain shall each be determined after 
                      increasing the amount described in section 
                      1(h)(4)(B) by such capital gain excess.
                    ``(B) Alternative <<NOTE: Applicability.>> minimum 
                tax.--In applying section 55(b)(3) for purposes of 
                determining the tax under paragraph (1)(B)(i) for any 
                taxable year in which, without regard to this 
                subsection, the taxpayer's net capital gain exceeds the 
                taxable excess (as defined in section 55(b)(1)(A)(ii))--
                          ``(i) the rules of subparagraph (A) shall 
                      apply, except that such subparagraph shall be 
                      applied by substituting `the taxable excess (as 
                      defined in section 55(b)(1)(A)(ii))' for `taxable 
                      income', and
                          ``(ii) the reference in section 55(b)(3)(B) to 
                      the excess described in section 1(h)(1)(B) shall 
                      be treated as a reference to such excess as 
                      determined under the rules of subparagraph (A) for 
                      purposes of determining the tax under paragraph 
                      (1)(A)(i).
                    ``(C) Definitions.--Terms used in this paragraph 
                which are also used in section 1(h) shall have the 
                respective meanings given such terms by section 1(h), 
                except that

[[Page 121 STAT. 2478]]

                in applying subparagraph (B) the adjustments under part 
                VI of subchapter A shall be taken into account.''.

    (d) Effective <<NOTE: Applicability. 26 USC 355 note.>> Date.--
            (1) In general.--Except as otherwise provided in this 
        subsection, the amendments made by this section shall take 
        effect as if included in the provisions of the Tax Increase 
        Prevention and Reconciliation Act of 2005 to which they relate.
            (2) Modification of active business definition under section 
        355.--
                    (A) In general.--Except as otherwise provided in 
                this paragraph, the amendments made by subsection (b) 
                shall apply to distributions made after May 17, 2006.
                    (B) Transition rule.--The amendments made by 
                subsection (b) shall not apply to any distribution 
                pursuant to a transaction which is--
                          (i) made pursuant to an agreement which was 
                      binding on May 17, 2006, 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.
                    (C) Election out of transition rule.--Subparagraph 
                (B) shall not apply if the distributing corporation 
                elects not to have such subparagraph 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 section 355(b)(2)(A) of 
                the Internal Revenue Code of 1986 of distributions made 
                on or before May 17, 2006, as a result of an 
                acquisition, disposition, or other restructuring after 
                such date, such distribution shall be treated as made on 
                the date of such acquisition, disposition, or 
                restructuring for purposes of applying subparagraphs (A) 
                through (C) of this paragraph. The preceding sentence 
                shall only apply with respect to the corporation that 
                undertakes such acquisition, disposition, or other 
                restructuring, and only if such application results in 
                continued qualification under section 355(b)(2)(A) of 
                such Code.
            (3) Amendment related to section 515 of the act.--The 
        amendment made by subsection (c) shall apply to taxable years 
        beginning after December 31, 2006.
SEC. 5. AMENDMENTS RELATED TO THE SAFE, ACCOUNTABLE, FLEXIBLE, 
                    EFFICIENT TRANSPORTATION EQUITY ACT: A LEGACY 
                    FOR USERS.

    (a) Amendments Related to Section 11113 of the Act.--
            (1) Paragraph (3) of <<NOTE: 26 USC 6427.>> section 6427(i) 
        is amended--
                    (A) by inserting ``or under subsection (e)(2) by any 
                person with respect to an alternative fuel (as defined 
                in section 6426(d)(2))'' after ``section 6426'' in 
                subparagraph (A),
                    (B) by inserting ``or (e)(2)'' after ``subsection 
                (e)(1)'' in subparagraphs (A)(i) and (B), and

[[Page 121 STAT. 2479]]

                    (C) by striking ``alcohol fuel and biodiesel mixture 
                credit'' and inserting ``mixture credits and the 
                alternative fuel credit'' in the heading thereof.
            (2) Subparagraph (F) of <<NOTE: 26 USC 6426.>> section 
        6426(d)(2) is amended by striking ``hydrocarbons'' and inserting 
        ``fuel''.
            (3) Section 6426 is amended by adding at the end the 
        following new subsection:

    ``(h) Denial of Double Benefit.--No credit shall be determined under 
subsection (d) or (e) with respect to any fuel with respect to which 
credit may be determined under subsection (b) or (c) or under section 40 
or 40A.''.
    (b) Effective <<NOTE: 26 USC 6426 note.>> Date.--The amendments made 
by this section shall take effect as if included in the provisions of 
the SAFETEA-LU to which they relate.
SEC. 6. AMENDMENTS RELATED TO THE ENERGY POLICY ACT OF 2005.

    (a) Amendment Related to Section 1306 of the Act.--Paragraph (2) of 
section 45J(b) is amended to read as follows:
            ``(2) Amount of national limitation.--The aggregate amount 
        of national megawatt capacity limitation allocated by the 
        Secretary under paragraph (3) shall not exceed 6,000 
        megawatts.''.

    (b) Amendments Related to Section 1342 of the Act.--
            (1) So much of subsection (b) of section 30C as precedes 
        paragraph (1) thereof is amended to read as follows:

    ``(b) Limitation.--The credit allowed under subsection (a) with 
respect to all qualified alternative fuel vehicle refueling property 
placed in service by the taxpayer during the taxable year at a location 
shall not exceed--''.
            (2) Subsection (c) of section 30C is amended to read as 
        follows:

    ``(c) Qualified Alternative Fuel Vehicle Refueling Property.--For 
purposes of this section, the term `qualified alternative fuel vehicle 
refueling property' has the same meaning as the term `qualified clean-
fuel vehicle refueling property' would have under section 179A if--
            ``(1) paragraph (1) of section 179A(d) did not apply to 
        property installed on property which is used as the principal 
        residence (within the meaning of section 121) of the taxpayer, 
        and
            ``(2) only the following were treated as clean-burning fuels 
        for purposes of section 179A(d):
                    ``(A) Any fuel at least 85 percent of the volume of 
                which consists of one or more of the following: ethanol, 
                natural gas, compressed natural gas, liquified natural 
                gas, liquefied petroleum gas, or hydrogen.
                    ``(B) Any mixture--
                          ``(i) which consists of two or more of the 
                      following: biodiesel (as defined in section 
                      40A(d)(1)), diesel fuel (as defined in section 
                      4083(a)(3)), or kerosene, and
                          ``(ii) at least 20 percent of the volume of 
                      which consists of biodiesel (as so defined) 
                      determined without regard to any kerosene in such 
                      mixture.''.

    (c) Amendments Related to Section 1351 of the Act.--
            (1) Paragraph (3) of section 41(a) is amended by inserting 
        ``for energy research'' before the period at the end.

[[Page 121 STAT. 2480]]

            (2) Paragraph (6) of <<NOTE: 26 USC 41.>> section 41(f) is 
        amended by adding at the end the following new subparagraph:
                    ``(E) Energy research.--The term `energy research' 
                does not include any research which is not qualified 
                research.''.

    (d) Amendments Related to Section 1362 of the Act.--
            (1)(A) Paragraph (1) of section 4041(d) is amended by adding 
        at the end the following new sentence: ``No tax shall be imposed 
        under the preceding sentence on the sale or use of any liquid if 
        tax was imposed with respect to such liquid under section 4081 
        at the Leaking Underground Storage Tank Trust Fund financing 
        rate.''.
            (B) Paragraph (3) of section 4042(b) is amended to read as 
        follows:
            ``(3) Exception for fuel on which leaking underground 
        storage tank trust fund financing rate separately imposed.--The 
        Leaking Underground Storage Tank Trust Fund financing rate under 
        paragraph (2)(B) shall not apply to the use of any fuel if tax 
        was imposed with respect to such fuel under section 4041(d) or 
        4081 at the Leaking Underground Storage Tank Trust Fund 
        financing rate.''.
            (C) <<NOTE: 26 USC 6430 note.>> Notwithstanding section 6430 
        of the Internal Revenue Code of 1986, a refund, credit, or 
        payment may be made under subchapter B of chapter 65 of such 
        Code for taxes imposed with respect to any liquid after 
        September 30, 2005, and before the date of the enactment of this 
        Act under section 4041(d)(1) or 4042 of such Code at the Leaking 
        Underground Storage Tank Trust Fund financing rate to the extent 
        that tax was imposed with respect to such liquid under section 
        4081 at the Leaking Underground Storage Tank Trust Fund 
        financing rate.
            (2)(A) Paragraph (5) of section 4041(d) is amended--
                    (i) by striking ``(other than with respect to any 
                sale for export under paragraph (3) thereof)'', and
                    (ii) by adding at the end the following new 
                sentence: ``The preceding sentence shall not apply with 
                respect to subsection (g)(3) and so much of subsection 
                (g)(1) as relates to vessels (within the meaning of 
                section 4221(d)(3)) employed in foreign trade or trade 
                between the United States and any of its possessions.''.
            (B) Section 4082 is amended--
                    (i) by striking ``(other than such tax at the 
                Leaking Underground Storage Tank Trust Fund financing 
                rate imposed in all cases other than for export)'' in 
                subsection (a), and
                    (ii) by redesignating subsections (f) and (g) as 
                subsections (g) and (h), respectively, and by inserting 
                after subsection (e) the following new subsection:

    ``(f) Exception for Leaking Underground Storage Tank Trust Fund 
Financing Rate.--
            ``(1) In general.--Subsection (a) shall not apply to the tax 
        imposed under section 4081 at the Leaking Underground Storage 
        Tank Trust Fund financing rate.
            ``(2) Exception for export, etc.--Paragraph (1) shall not 
        apply with respect to any fuel if the Secretary determines that 
        such fuel is destined for export or for use by the purchaser as 
        supplies for vessels (within the meaning of section 4221(d)(3))

[[Page 121 STAT. 2481]]

        employed in foreign trade or trade between the United States and 
        any of its possessions.''.
            (C) Subsection (e) of <<NOTE: 26 USC 4082.>> section 4082 is 
        amended--
                    (i) by striking ``an aircraft, the rate of tax under 
                section 4081(a)(2)(A)(iii) shall be zero.'' and 
                inserting ``an aircraft--
            ``(1) the rate of tax under section 4081(a)(2)(A)(iii) shall 
        be zero, and
            ``(2) if such aircraft is employed in foreign trade or trade 
        between the United States and any of its possessions, the 
        increase in such rate under section 4081(a)(2)(B) shall be 
        zero.''; and
                    (ii) by moving the last sentence flush with the 
                margin of such subsection (following the paragraph (2) 
                added by clause (i)).
            (D) Section 6430 is amended to read as follows:
``SEC. 6430. TREATMENT OF TAX IMPOSED AT LEAKING UNDERGROUND 
                          STORAGE TANK TRUST FUND FINANCING RATE.

    ``No refunds, credits, or payments shall be made under this 
subchapter for any tax imposed at the Leaking Underground Storage Tank 
Trust Fund financing rate, except in the case of fuels--
            ``(1) which are exempt from tax under section 4081(a) by 
        reason of section 4082(f)(2),
            ``(2) which are exempt from tax under section 4041(d) by 
        reason of the last sentence of paragraph (5) thereof, or
            ``(3) with respect to which the rate increase under section 
        4081(a)(2)(B) is zero by reason of section 4082(e)(2).''.
            (3) Paragraph (5) of section 4041(d) is amended by inserting 
        ``(b)(1)(A),'' after ``subsections''.

    (e) Effective <<NOTE: 26 USC 30c note.>> Date.--
            (1) In general.--Except as otherwise provided in this 
        subsection, the amendments made by this section shall take 
        effect as if included in the provisions of the Energy Policy Act 
        of 2005 to which they relate.
            (2) Nonapplication of exemption for off-highway business 
        use.--The amendment made by subsection (d)(3) shall apply to 
        fuel sold for use or used after the date of the enactment of 
        this Act.
            (3) Amendment made by the safetea-lu.--The amendment made by 
        subsection (d)(2)(C)(ii) shall take effect as if included in 
        section 11161 of the SAFETEA-LU.
SEC. 7. AMENDMENTS RELATED TO THE AMERICAN JOBS CREATION ACT OF 
                    2004.

    (a) Amendments Related to Section 339 of the Act.--
            (1)(A) Section 45H is amended by striking subsection (d) and 
        by redesignating subsections (e), (f), and (g) as subsections 
        (d), (e), and (f), respectively.
            (B) Subsection (d) of section 280C is amended to read as 
        follows:

    ``(d) Credit for Low Sulfur Diesel Fuel Production.--The deductions 
otherwise allowed under this chapter for the taxable year shall be 
reduced by the amount of the credit determined for the taxable year 
under section 45H(a).''.
            (C) Subsection (a) of section 1016 is amended by striking 
        paragraph (31) and by redesignating paragraphs (32) through (37) 
        as paragraphs (31) through (36), respectively.

[[Page 121 STAT. 2482]]

            (2)(A) Section 45H, as amended by paragraph (1), is amended 
        by adding at the end the following new subsection:

    ``(g) Election to Not Take Credit.--No credit shall be determined 
under subsection (a) for the taxable year if the taxpayer elects not to 
have subsection (a) apply to such taxable year.''.
            (B) Subsection (m) of <<NOTE: 26 USC 6501.>> section 6501 is 
        amended by inserting ``45H(g),'' after ``45C(d)(4),''.
            (3)(A) Subsections (b)(1)(A), (c)(2), (e)(1), and (e)(2) of 
        section 45H (as amended by paragraph (1)) and section 179B(a) 
        are each amended by striking ``qualified capital costs'' and 
        inserting ``qualified costs''.
            (B) The heading of paragraph (2) of section 45H(c) is 
        amended by striking ``capital''.
            (C) Subsection (a) of section 179B is amended by inserting 
        ``and which are properly chargeable to capital account'' before 
        the period at the end.

    (b) Amendments Related to Section 710 of the Act.--
            (1) Clause (ii) of section 45(c)(3)(A) is amended by 
        striking ``which is segregated from other waste materials and''.
            (2) Subparagraph (B) of section 45(d)(2) is amended by 
        inserting ``and'' at the end of clause (i), by striking clause 
        (ii), and by redesignating clause (iii) as clause (ii).

    (c) Amendments Related to Section 848 of the Act.--
            (1) Paragraph (2) of section 470(c) is amended to read as 
        follows:
            ``(2) Tax-exempt use property.--
                    ``(A) In <<NOTE: Applicability.>> general.--The term 
                `tax-exempt use property' has the meaning given to such 
                term by section 168(h), except that such section shall 
                be applied--
                          ``(i) without regard to paragraphs (1)(C) and 
                      (3) thereof, and
                          ``(ii) as if section 197 intangible property 
                      (as defined in section 197), and property 
                      described in paragraph (1)(B) or (2) of section 
                      167(f), were tangible property.
                    ``(B) Exception for partnerships.--Such term shall 
                not include any property which would (but for this 
                subparagraph) be tax-exempt use property solely by 
                reason of section 168(h)(6).
                    ``(C) Cross reference.--For treatment of 
                partnerships as leases to which section 168(h) applies, 
                see section 7701(e).''.
            (2) Subparagraph (A) of section 470(d)(1) is amended by 
        striking ``(at any time during the lease term)'' and inserting 
        ``(at all times during the lease term)''.

    (d) Amendments Related to Section 888 of the Act.--
            (1) Subparagraph (A) of section 1092(a)(2) is amended by 
        striking ``and'' at the end of clause (ii), by redesignating 
        clause (iii) as clause (iv), and by inserting after clause (ii) 
        the following new clause:
                          ``(iii) if the application of clause (ii) does 
                      not result in an increase in the basis of any 
                      offsetting position in the identified straddle, 
                      the basis of each of the offsetting positions in 
                      the identified straddle shall be increased in a 
                      manner which--

[[Page 121 STAT. 2483]]

                                    ``(I) is reasonable, consistent with 
                                the purposes of this paragraph, and 
                                consistently applied by the taxpayer, 
                                and
                                    ``(II) results in an aggregate 
                                increase in the basis of such offsetting 
                                positions which is equal to the loss 
                                described in clause (ii), and''.
            (2)(A) <<NOTE: 26 USC 1092.>> Subparagraph (B) of section 
        1092(a)(2) is amended by adding at the end the following flush 
        sentence:
                ``A straddle shall be treated as clearly identified for 
                purposes of clause (i) only if such identification 
                includes an identification of the positions in the 
                straddle which are offsetting with respect other 
                positions in the straddle.''.
            (B) Subparagraph (A) of section 1092(a)(2) is amended--
                    (i) by striking ``identified positions'' in clause 
                (i) and inserting ``positions'',
                    (ii) by striking ``identified position'' in clause 
                (ii) and inserting ``position'', and
                    (iii) by striking ``identified offsetting 
                positions'' in clause (ii) and inserting ``offsetting 
                positions''.
            (C) Subparagraph (B) of section 1092(a)(3) is amended by 
        striking ``identified offsetting position'' and inserting 
        ``offsetting position''.
            (3) Paragraph (2) of section 1092(a) is amended by 
        redesignating subparagraph (C) as subparagraph (D) and inserting 
        after subparagraph (B) the following new subparagraph:
                    ``(C) Application to liabilities and obligations.--
                Except as otherwise provided by the Secretary, rules 
                similar to the rules of clauses (ii) and (iii) of 
                subparagraph (A) shall apply for purposes of this 
                paragraph with respect to any position which is, or has 
                been, a liability or obligation.''.
            (4) Subparagraph (D) of section 1092(a)(2), as redesignated 
        by paragraph (3), is amended by inserting ``the rules for the 
        application of this section to a position which is or has been a 
        liability or obligation, methods of loss allocation which 
        satisfy the requirements of subparagraph (A)(iii),'' before 
        ``and the ordering rules''.

    (e) Effective <<NOTE: 26 USC 1092 note.>> Date.--
            (1) In general.--Except as otherwise provided in this 
        subsection, the amendments made by this section shall take 
        effect as if included in the provisions of the American Jobs 
        Creation Act of 2004 to which they relate.
            (2) Identification requirement of amendment related to 
        section 888 of the american jobs creation act of 2004.--The 
        amendment <<NOTE: Applicability.>> made by subsection (d)(2)(A) 
        shall apply to straddles acquired after the date of the 
        enactment of this Act.
SEC. 8. AMENDMENTS RELATED TO THE ECONOMIC GROWTH AND TAX RELIEF 
                    RECONCILIATION ACT OF 2001.

    (a) Amendments Related to Section 617 of the Act.--
            (1) Subclause (II) of section 402(g)(7)(A)(ii) is amended by 
        striking ``for prior taxable years'' and inserting ``permitted 
        for prior taxable years by reason of this paragraph''.
            (2) Subparagraph (A) of section 3121(v)(1) is amended by 
        inserting ``or consisting of designated Roth contributions (as 
        defined in section 402A(c))'' before the comma at the end.

[[Page 121 STAT. 2484]]

    (b) Effective <<NOTE: 26 USC 402 note.>> Date.--The amendments made 
by this section shall take effect as if included in the provisions of 
the Economic Growth and Tax Relief Reconciliation Act of 2001 to which 
they relate.
SEC. 9. AMENDMENTS RELATED TO THE TAX RELIEF EXTENSION ACT OF 
                    1999.

    (a) Amendment Related to Section 507 of the Act.--Clause (i) of 
section 45(e)(7)(A) is <<NOTE: 26 USC 45.>> amended by striking ``placed 
in service by the taxpayer'' and inserting ``originally placed in 
service''.

    (b) Amendment Related to Section 542 of the Act.--Clause (ii) of 
section 856(d)(9)(D) is amended to read as follows:
                          ``(ii) Lodging facility.--The term `lodging 
                      facility' means a--
                                    ``(I) hotel,
                                    ``(II) motel, or
                                    ``(III) other establishment more 
                                than one-half of the dwelling units in 
                                which are used on a transient basis.''.

    (c) Effective <<NOTE: 26 USC 45 note.>> Date.--The amendments made 
by this section shall take effect as if included in the provisions of 
the Tax Relief Extension Act of 1999 to which they relate.
SEC. 10. AMENDMENT RELATED TO THE INTERNAL REVENUE SERVICE 
                      RESTRUCTURING AND REFORM ACT OF 1998.

    (a) Amendment Related to Section 3509 of the Act.--Paragraph (3) of 
section 6110(i) is amended by inserting ``and related background file 
documents'' after ``Chief Counsel advice'' in the matter preceding 
subparagraph (A).
    (b) Effective <<NOTE: 26 USC 6110 note.>> Date.--The amendment made 
by this section shall take effect as if included in the provision of the 
Internal Revenue Service Restructuring and Reform Act of 1998 to which 
it relates.
SEC. 11. CLERICAL CORRECTIONS.

    (a) In General.--
            (1) Paragraph (5) of section 21(e) is amended by striking 
        ``section 152(e)(3)(A)'' in the flush matter after subparagraph 
        (B) and inserting ``section 152(e)(4)(A)''.
            (2) Paragraph (3) of section 25C(c) is amended by striking 
        ``section 3280'' and inserting ``part 3280''.
            (3) Paragraph (2) of section 26(b) is amended by 
        redesignating subparagraphs (S) and (T) as subparagraphs (U) and 
        (V), respectively, and by inserting after subparagraph (R) the 
        following new subparagraphs:
                    ``(S) sections 106(e)(3)(A)(ii), 
                223(b)(8)(B)(i)(II), and 408(d)(9)(D)(i)(II) (relating 
                to certain failures to maintain high deductible health 
                plan coverage),
                    ``(T) section 170(o)(3)(B) (relating to recapture of 
                certain deductions for fractional gifts),''.
            (4) Subsection (a) of section 34 is amended--
                    (A) in paragraph (1), by striking ``with respect to 
                gasoline used during the taxable year on a farm for 
                farming purposes'',
                    (B) in paragraph (2), by striking ``with respect to 
                gasoline used during the taxable year: (A) otherwise 
                than as a fuel in a highway vehicle; or (B) in vehicles 
                while engaged

[[Page 121 STAT. 2485]]

                in furnishing certain public passenger land 
                transportation service'', and
                    (C) in paragraph (3), by striking ``with respect to 
                fuels used for nontaxable purposes or resold during the 
                taxable year''.
            (5) Paragraph (2) of <<NOTE: 26 USC 35.>> section 35(d) is 
        amended--
                    (A) by striking ``paragraph (2) or (4) of'', and
                    (B) by striking ``(within the meaning of section 
                152(e)(1))'' and inserting ``(as defined in section 
                152(e)(4)(A))''.
            (6) Subsection (b) of section 38 is amended--
                    (A) by striking ``and'' each place it appears at the 
                end of any paragraph,
                    (B) by striking ``plus'' each place it appears at 
                the end of any paragraph, and
                    (C) by inserting ``plus'' at the end of paragraph 
                (30).
            (7) Paragraphs (2) and (3) of section 45L(c) are each 
        amended by striking ``section 3280'' and inserting ``part 
        3280''.
            (8) Subsection (c) of section 48 is amended by striking 
        ``subsection'' in the text preceding paragraph (1) and inserting 
        ``section''.
            (9) Paragraphs (1)(B) and (2)(B) of section 48(c) are each 
        amended by striking ``paragraph (1)'' and inserting ``subsection 
        (a)''.
            (10) Clause (ii) of section 48A(d)(4)(B) is amended by 
        striking ``subsection'' both places it appears.
            (11)(A) Paragraph (9) of section 121(d) is amended by adding 
        at the end the following new subparagraph:
                    ``(E) Termination with respect to employees of 
                intelligence community.--Clause (iii) of subparagraph 
                (A) shall not apply with respect to any sale or exchange 
                after December 31, 2010.''.
            (B) Subsection (e) of section 417 of division A of the Tax 
        Relief and Health Care Act of 2006 is <<NOTE: 26 USC 121 
        note.>> amended by striking ``and before January 1, 2011''.
            (12) The last sentence of section 125(b)(2) is amended by 
        striking ``last sentence'' and inserting ``second sentence''.
            (13) Subclause (II) of section 167(g)(8)(C)(ii) is amended 
        by striking ``section 263A(j)(2)'' and inserting ``section 
        263A(i)(2)''.
            (14)(A) Clause (vii) of section 170(b)(1)(A) is amended by 
        striking ``subparagraph (E)'' and inserting ``subparagraph 
        (F)''.
            (B) Clause (ii) of section 170(e)(1)(B) is amended by 
        striking ``subsection (b)(1)(E)'' and inserting ``subsection 
        (b)(1)(F)''.
            (C) Clause (i) of section 1400S(a)(2)(A) is amended by 
        striking ``subparagraph (F)'' and inserting ``subparagraph 
        (G)''.
            (D) Subparagraph (A) of section 4942(i)(1) is amended by 
        striking ``section 170(b)(1)(E)(ii)'' and inserting ``section 
        170(b)(1)(F)(ii)''.
            (15) Subclause (II) of section 170(e)(1)(B)(i) is amended by 
        inserting ``, but without regard to clause (ii) thereof'' after 
        ``paragraph (7)(C)''.
            (16)(A) Subparagraph (A) of section 170(o)(1) and 
        subparagraph (A) of section 2522(e)(1) are each amended by 
        striking ``all interest in the property is'' and inserting ``all 
        interests in the property are''.

[[Page 121 STAT. 2486]]

            (B) Section 170(o)(3)(A)(i), and section 2522(e)(2)(A)(i) 
        (as redesignated by section 3(d)(2)), are each amended--
                    (i) by striking ``interest'' and inserting 
                ``interests'', and
                    (ii) by striking ``before'' and inserting ``on or 
                before''.
            (17)(A) Subparagraph (C) of <<NOTE: 26 USC 852.>> section 
        852(b)(4) is amended to read as follows:
                    ``(C) Determination of holding periods.--For 
                purposes of this paragraph, in determining the period 
                for which the taxpayer has held any share of stock--
                          ``(i) <<NOTE: Applicability.>> the rules of 
                      paragraphs (3) and (4) of section 246(c) shall 
                      apply, and
                          ``(ii) there shall not be taken into account 
                      any day which is more than 6 months after the date 
                      on which such share becomes ex-dividend.''.
            (B) Subparagraph (B) of section 857(b)(8) is amended to read 
        as follows:
                    ``(B) Determination of holding periods.--For 
                purposes of this paragraph, in determining the period 
                for which the taxpayer has held any share of stock or 
                beneficial interest--
                          ``(i) the <<NOTE: Applicability.>> rules of 
                      paragraphs (3) and (4) of section 246(c) shall 
                      apply, and
                          ``(ii) there shall not be taken into account 
                      any day which is more than 6 months after the date 
                      on which such share or interest becomes ex-
                      dividend.''.
            (18) Paragraph (2) of section 856(l) is amended by striking 
        the last sentence and inserting the following: ``For purposes of 
        subparagraph (B), securities described in subsection (m)(2)(A) 
        shall not be taken into account.''.
            (19) Subparagraph (F) of section 954(c)(1) is amended to 
        read as follows:
                    ``(F) Income from notional principal contracts.--
                          ``(i) In general.--Net income from notional 
                      principal contracts.
                          ``(ii) Coordination with other categories of 
                      foreign personal holding company income.--Any item 
                      of income, gain, deduction, or loss from a 
                      notional principal contract entered into for 
                      purposes of hedging any item described in any 
                      preceding subparagraph shall not be taken into 
                      account for purposes of this subparagraph but 
                      shall be taken into account under such other 
                      subparagraph.''.
            (20) Paragraph (1) of section 954(c) is amended by 
        redesignating subparagraph (I) as subparagraph (H).
            (21) Paragraph (33) of section 1016(a), as redesignated by 
        section 7(a)(1)(C), is amended by striking ``section 25C(e)'' 
        and inserting ``section 25C(f)''.
            (22) Paragraph (36) of section 1016(a), as redesignated by 
        section 7(a)(1)(C), is amended by striking ``section 30C(f)'' 
        and inserting ``section 30C(e)(1)''.
            (23) Subparagraph (G) of section 1260(c)(2) is amended by 
        adding ``and'' at the end.
            (24)(A) Section 1297 is amended by striking subsection (d) 
        and by redesignating subsections (e) and (f) as subsections (d) 
        and (e), respectively.
            (B) Subparagraph (G) of section 1260(c)(2) is amended by 
        striking ``subsection (e)'' and inserting ``subsection (d)''.

[[Page 121 STAT. 2487]]

            (C) Subparagraph (B) of <<NOTE: 26 USC 1298.>> section 
        1298(a)(2) is amended by striking ``Section 1297(e)'' and 
        inserting ``Section 1297(d)''.
            (25) Paragraph (1) of section 1362(f) is amended--
                    (A) by striking ``, section 1361(b)(3)(B)(ii), or 
                section 1361(c)(1)(A)(ii)'' and inserting ``or section 
                1361(b)(3)(B)(ii)'', and
                    (B) by striking ``, section 1361(b)(3)(C), or 
                section 1361(c)(1)(D)(iii)'' in subparagraph (B) and 
                inserting ``or section 1361(b)(3)(C)''.
            (26) Paragraph (2) of section 1400O is amended by striking 
        ``under of'' and inserting ``under''.
            (27) The table of sections for part II of subchapter Y of 
        chapter 1 is amended by adding at the end the following new 
        item:

``Sec. 1400T. Special rules for mortgage revenue bonds.''.

            (28) Subsection (b) of section 4082 is amended to read as 
        follows:

    ``(b) Nontaxable Use.--For purposes of this section, the term 
`nontaxable use' means--
            ``(1) any use which is exempt from the tax imposed by 
        section 4041(a)(1) other than by reason of a prior imposition of 
        tax,
            ``(2) any use in a train, and
            ``(3) any use described in section 4041(a)(1)(C)(iii)(II).

The term `nontaxable use' does not include the use of kerosene in an 
aircraft and such term shall not include any use described in section 
6421(e)(2)(C).''.
            (29) Paragraph (4) of section 4101(a) (relating to 
        registration in event of change of ownership) is redesignated as 
        paragraph (5).
            (30) Paragraph (6) of section 4965(c) is amended by striking 
        ``section 4457(e)(1)(A)'' and inserting ``section 
        457(e)(1)(A)''.
            (31) Subpart C of part II of subchapter A of chapter 51 is 
        amended by redesignating section 5432 (relating to recordkeeping 
        by wholesale dealers) as section 5121.
            (32) Paragraph (2) of section 5732(c), as redesignated by 
        section 11125(b)(20)(A) of the SAFETEA-LU, is amended by 
        striking ``this subpart'' and inserting ``this subchapter''.
            (33) Subsection (b) of section 6046 is amended--
                    (A) by striking ``subsection (a)(1)'' and inserting 
                ``subsection (a)(1)(A)'', and
                    (B) by striking ``paragraph (2) or (3) of subsection 
                (a)'' and inserting ``subparagraph (B) or (C) of 
                subsection (a)(1)''.
            (34)(A) Subparagraph (A) of section 6103(b)(5) is amended by 
        striking ``the Canal Zone,''.
            (B) Section 7651 is amended by striking paragraph (4) and by 
        redesignating paragraph (5) as paragraph (4).
            (35) Subparagraph (A) of section 6211(b)(4) is amended by 
        striking ``and 34'' and inserting ``34, and 35''.
            (36) Subparagraphs (A) and (B) of section 6230(a)(3) are 
        each amended by striking ``section 6013(e)'' and inserting 
        ``section 6015''.
            (37) Paragraph (3) of section 6427(e) (relating to 
        termination), as added by section 11113 of the SAFETEA-LU, is 
        redesignated as paragraph (5) and moved after paragraph (4).

[[Page 121 STAT. 2488]]

            (38) Clause (ii) of <<NOTE: 26 USC 6427.>> section 
        6427(l)(4)(A) is amended by striking ``section 4081(a)(2)(iii)'' 
        and inserting ``section 4081(a)(2)(A)(iii)''.
            (39)(A) Section 6427, as amended by section 1343(b)(1) of 
        the Energy Policy Act of 2005, is amended by striking subsection 
        (p) (relating to gasohol used in noncommercial aviation) and 
        redesignating subsection (q) as subsection (p).
            (B) <<NOTE: Applicability. 26 USC 6427 note.>> The Internal 
        Revenue Code of 1986 shall be applied and administered as if the 
        amendments made by paragraph (2) of section 11151(a) of the 
        SAFETEA-LU had never been enacted.
            (40) Subsection (a) of section 6695A is amended by striking 
        ``then such person'' in paragraph (2) and inserting the 
        following:

``then such person''.
            (41) Subparagraph (C) of section 6707A(e)(2) is amended by 
        striking ``section 6662A(e)(2)(C)'' and inserting ``section 
        6662A(e)(2)(B)''.
            (42)(A) Paragraph (3) of section 9002 is amended by striking 
        ``section 309(a)(1)'' and inserting ``section 306(a)(1)''.
            (B) Paragraph (1) of section 9004(a) is amended by striking 
        ``section 320(b)(1)(B)'' and inserting ``section 315(b)(1)(B)''.
            (C) Paragraph (3) of section 9032 is amended by striking 
        ``section 309(a)(1)'' and inserting ``section 306(a)(1)''.
            (D) Subsection (b) of section 9034 is amended by striking 
        ``section 320(b)(1)(A)'' and inserting ``section 315(b)(1)(A)''.
            (43) Section 9006 is amended by striking ``Comptroller 
        General'' each place it appears and inserting ``Commission''.
            (44) Subsection (c) of section 9503 is amended by 
        redesignating paragraph (7) (relating to transfers from the 
        trust fund for certain aviation fuels taxes) as paragraph (6).
            (45) Paragraph (1) of section 1301(g) of the Energy Policy 
        Act of 2005 is amended by <<NOTE: 26 USC 45 note.>> striking 
        ``shall take effect of the date of the enactment'' and inserting 
        ``shall take effect on the date of the enactment''.
            (46) The <<NOTE: Applicability. 26 USC 9508 note.>> Internal 
        Revenue Code of 1986 shall be applied and administered as if the 
        amendments made by section 1(a) of Public Law 109-433 had never 
        been enacted.

    (b) Clerical Amendments Related to the Tax Relief and Health Care 
Act of 2006.--
            (1) Amendment related to section 209 of division a of the 
        act.--Paragraph (3) of section 168(l) is amended by striking 
        ``enzymatic''.
            (2) Amendments related to section 419 of division a of the 
        act.--
                    (A) Clause (iv) of section 6724(d)(1)(B) is amended 
                by inserting ``or (h)(1)'' after ``section 6050H(a)''.
                    (B) Subparagraph (K) of section 6724(d)(2) is 
                amended by inserting ``or (h)(2)'' after ``section 
                6050H(d)''.
            (3) Effective <<NOTE: 26 USC 168 note.>> date.--The 
        amendments made by this subsection shall take effect as if 
        included in the provision of the Tax Relief and Health Care Act 
        of 2006 to which they relate.

    (c) Clerical Amendments Related to the Gulf Opportunity Zone Act of 
2005.--
            (1) Amendments related to section 402 of the act.--
        Subparagraph (B) of section 24(d)(1) is amended--
                    (A) by striking ``the excess (if any) of'' in the 
                matter preceding clause (i) and inserting ``the greater 
                of'', and

[[Page 121 STAT. 2489]]

                    (B) by striking ``section'' in clause (ii)(II) and 
                inserting ``section 32''.
            (2) Effective <<NOTE: 26 USC 24 note.>> date.--The 
        amendments made by this subsection shall take effect as if 
        included in the provisions of the Gulf Opportunity Zone Act of 
        2005 to which they relate.

    (d) Clerical Amendments Related to the Safe, Accountable, Flexible, 
Efficient Transportation Equity Act: A Legacy for Users.--
            (1) Amendments related to section 11163 of the act.--
        Subparagraph (C) of <<NOTE: 26 USC 6416.>> section 6416(a)(4) is 
        amended--
                    (A) by striking ``ultimate vendor'' and all that 
                follows through ``has certified'' and inserting 
                ``ultimate vendor or credit card issuer has certified'', 
                and
                    (B) by striking ``all ultimate purchasers of the 
                vendor'' and all that follows through ``are certified'' 
                and inserting ``all ultimate purchasers of the vendor or 
                credit card issuer are certified''.
            (2) Effective <<NOTE: 26 USC 6416 note.>> date.--The 
        amendments made by this subsection shall take effect as if 
        included in the provisions of the Safe, Accountable, Flexible, 
        Efficient Transportation Equity Act: A Legacy for Users to which 
        they relate.

    (e) Clerical Amendments Related to the Energy Policy Act of 2005.--
            (1) Amendment related to section 1344 of the act.--
        Subparagraph (B) of section 6427(e)(5), as redesignated by 
        subsection (a)(37), is amended by striking ``2006'' and 
        inserting ``2008''.
            (2) Amendments related to section 1351 of the act.--
        Subparagraphs (A)(ii) and (B)(ii) of section 41(f)(1) are each 
        amended by striking ``qualified research expenses and basic 
        research payments'' and inserting ``qualified research expenses, 
        basic research payments, and amounts paid or incurred to energy 
        research consortiums,''.
            (3) Effective <<NOTE: 26 USC 41 note.>> date.--The 
        amendments made by this subsection shall take effect as if 
        included in the provisions of the Energy Policy Act of 2005 to 
        which they relate.

    (f) Clerical Amendments Related to the American Jobs Creation Act of 
2004.--
            (1) Amendment related to section 301 of the act.--Section 
        9502 is amended by striking subsection (e) and redesignating 
        subsection (f) as subsection (e).
            (2) Amendment related to section 413 of the act.--Subsection 
        (b) of section 1298 is amended by striking paragraph (7) and by 
        redesignating paragraphs (8) and (9) as paragraphs (7) and (8), 
        respectively.
            (3) Amendment related to section 895 of the act.--Clause 
        (iv) of section 904(f)(3)(D) is amended by striking ``a 
        controlled group'' and inserting ``an affiliated group''.
            (4) Effective <<NOTE: 26 USC 904 note.>> date.--The 
        amendments made by this subsection shall take effect as if 
        included in the provisions of the American Jobs Creation Act of 
        2004 to which they relate.

    (g) Clerical Amendments Related to the FSC Repeal and 
Extraterritorial Income Exclusion Act of 2000.--
            (1) Subclause (I) of section 56(g)(4)(C)(ii) is amended by 
        striking ``921'' and inserting ``921 (as in effect before its 
        repeal by the FSC Repeal and Extraterritorial Income Exclusion 
        Act of 2000)''.

[[Page 121 STAT. 2490]]

            (2) Clause (iv) of <<NOTE: 26 USC 56.>> section 54(g)(4)(C) 
        is amended by striking ``a cooperative described in section 
        927(a)(4)'' and inserting ``an organization to which part I of 
        subchapter T (relating to tax treatment of cooperatives) applies 
        which is engaged in the marketing of agricultural or 
        horticultural products''.
            (3) Paragraph (4) of section 245(c) is amended by adding at 
        the end the following new subparagraph:
                    ``(C) FSC.--The term `FSC' has the meaning given 
                such term by section 922.''.
            (4) Subsection (c) of section 245 is amended by inserting at 
        the end the following new paragraph:
            ``(5) References to prior law.--Any reference in this 
        subsection to section 922, 923, or 927 shall be treated as a 
        reference to such section as in effect before its repeal by the 
        FSC Repeal and Extraterritorial Income Exclusion Act of 2000.''.
            (5) Paragraph (4) of section 275(a) is amended by striking 
        ``if'' and all that follows and inserting ``if the taxpayer 
        chooses to take to any extent the benefits of section 901.''.
            (6)(A) Subsection (a) of section 291 is amended by striking 
        paragraph (4) and by redesignating paragraph (5) as paragraph 
        (4).
            (B) Paragraph (1) of section 291(c) is amended by striking 
        ``subsection (a)(5)'' and inserting ``subsection (a)(4)''.
            (7)(A) Paragraph (4) of section 441(b) is amended by 
        striking ``FSC or''.
            (B) Subsection (h) of section 441 is amended--
                    (i) by striking ``FSC or'' each place it appears, 
                and
                    (ii) by striking ``FSC's and'' in the heading 
                thereof.
            (8) Subparagraph (B) of section 884(d)(2) is amended by 
        inserting before the comma ``(as in effect before their repeal 
        by the FSC Repeal and Extraterritorial Income Exclusion Act of 
        2000)''.
            (9) Section 901 is amended by striking subsection (h).
            (10) Clause (v) of section 904(d)(2)(B) is amended--
                    (A) by inserting ``and'' at the end of subclause 
                (I), by striking subclause (II), and by redesignating 
                subclause (III) as subclause (II),
                    (B) by striking ``a FSC (or a former FSC)'' in 
                subclause (II) (as so redesignated) and inserting ``a 
                former FSC (as defined in section 922)'', and
                    (C) by adding at the end the following:
                      ``Any reference in subclause (II) to section 922, 
                      923, or 927 shall be treated as a reference to 
                      such section as in effect before its repeal by the 
                      FSC Repeal and Extraterritorial Income Exclusion 
                      Act of 2000.''.
            (11) Subsection (b) of section 906 is amended by striking 
        paragraph (5) and redesignating paragraphs (6) and (7) as 
        paragraphs (5) and (6), respectively.
            (12) Subparagraph (B) of section 936(f)(2) is amended by 
        striking ``FSC or''.
            (13) Section 951 is amended by striking subsection (c) and 
        by redesignating subsection (d) as subsection (c).
            (14) Subsection (b) of section 952 is amended by striking 
        the second sentence.
            (15)(A) Paragraph (2) of section 956(c) is amended--

[[Page 121 STAT. 2491]]

                    (i) by striking subparagraph (I) and by 
                redesignating subparagraphs (J) through (M) as 
                subparagraphs (I) through (L), respectively, and
                    (ii) by striking ``subparagraphs (J), (K), and (L)'' 
                in the flush sentence at the end and inserting 
                ``subparagraphs (I), (J), and (K)''.
            (B) Clause (ii) of <<NOTE: 26 USC 954.>> section 
        954(c)(2)(C) is amended by striking ``section 956(c)(2)(J)'' and 
        inserting ``section 956(c)(2)(I)''.
            (16) Paragraph (1) of section 992(a) is amended by striking 
        subparagraph (E), by inserting ``and'' at the end of 
        subparagraph (C), and by striking ``, and'' at the end of 
        subparagraph (D) and inserting a period.
            (17) Paragraph (5) of section 1248(d) is amended--
                    (A) by inserting ``(as defined in section 922)'' 
                after ``a FSC'', and
                    (B) by adding at the end the following new sentence: 
                ``Any reference in this paragraph to section 922, 923, 
                or 927 shall be treated as a reference to such section 
                as in effect before its repeal by the FSC Repeal and 
                Extraterritorial Income Exclusion Act of 2000.''.
            (18) Subparagraph (D) of section 1297(b)(2) is amended by 
        striking ``foreign trade income of a FSC or''.
            (19)(A) Paragraph (1) of section 6011(c) is amended by 
        striking ``or former DISC or a FSC or former FSC'' and inserting 
        ``, former DISC, or former FSC (as defined in section 922 as in 
        effect before its repeal by the FSC Repeal and Extraterritorial 
        Income Exclusion Act of 2000)''.
            (B) Subsection (c) of section 6011 is amended by striking 
        ``and FSC's'' in the heading thereof.
            (20) Subsection (c) of section 6072 is amended by striking 
        ``a FSC or former FSC'' and inserting ``a former FSC (as defined 
        in section 922 as in effect before its repeal by the FSC Repeal 
        and Extraterritorial Income Exclusion Act of 2000)''.
            (21) Section 6686 is amended by inserting ``FORMER'' before 
        ``FSC'' in the heading thereof.

    Approved December 29, 2007.

LEGISLATIVE HISTORY--H.R. 4839:
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CONGRESSIONAL RECORD, Vol. 153 (2007):
            Dec. 19, considered and passed House and Senate.

                                  <all>
```