In the Senate of the United States, 

December 15, 2010. 

Resolved, That the bill from the House of Representatives (H.R. 4853) entitled ‘‘An Act to amend the Internal 

Revenue Code of 1986 to extend the funding and expenditure 

authority of the Airport and Airway Trust Fund, to amend 

title 49, United States Code, to extend authorizations for the 

airport improvement program, and for other purposes.’’, do 

pass with the following 

SENATE AMENDMENT TO HOUSE AMENDMENT TO 

SENATE AMENDMENT: 

In lieu of the matter proposed to be inserted, insert 

the following: 

1 SECTION 1. SHORT TITLE; ETC. 

2 (a) SHORT TITLE.—This Act may be cited as the ‘‘Tax 

3 Relief, Unemployment Insurance Reauthorization, and Job 

4 Creation Act of 2010’’. 

5 (b) AMENDMENT OF 1986 CODE.—Except as otherwise 

6 expressly provided, whenever in this Act an amendment or 

7 repeal is expressed in terms of an amendment to, or repeal 
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† HR 4853 EAS2 

1 of, a section or other provision, the reference shall be consid2 ered to be made to a section or other provision of the Inter3 nal Revenue Code of 1986. 

4 (c) TABLE OF CONTENTS.—The table of contents for 

5 this Act is as follows: 

Sec. 1. Short title; etc. 

TITLE I—TEMPORARY EXTENSION OF TAX RELIEF 

Sec. 101. Temporary extension of 2001 tax relief. 

Sec. 102. Temporary extension of 2003 tax relief. 

Sec. 103. Temporary extension of 2009 tax relief. 

TITLE II—TEMPORARY EXTENSION OF INDIVIDUAL AMT RELIEF 

Sec. 201. Temporary extension of increased alternative minimum tax exemption 

amount. 

Sec. 202. Temporary extension of alternative minimum tax relief for nonrefundable personal credits. 

TITLE III—TEMPORARY ESTATE TAX RELIEF 

Sec. 301. Reinstatement of estate tax; repeal of carryover basis. 

Sec. 302. Modifications to estate, gift, and generation-skipping transfer taxes. 

Sec. 303. Applicable exclusion amount increased by unused exclusion amount of 

deceased spouse. 

Sec. 304. Application of EGTRRA sunset to this title. 

TITLE IV—TEMPORARY EXTENSION OF INVESTMENT INCENTIVES 

Sec. 401. Extension of bonus depreciation; temporary 100 percent expensing for 

certain business assets. 

Sec. 402. Temporary extension of increased small business expensing. 

TITLE V—TEMPORARY EXTENSION OF UNEMPLOYMENT INSURANCE 

AND RELATED MATTERS 

Sec. 501. Temporary extension of unemployment insurance provisions. 

Sec. 502. Temporary modification of indicators under the extended benefit program. 

Sec. 503. Technical amendment relating to collection of unemployment compensation debts. 

Sec. 504. Technical correction relating to repeal of continued dumping and subsidy offset. 

Sec. 505. Additional extended unemployment benefits under the Railroad Unemployment Insurance Act. 

TITLE VI—TEMPORARY EMPLOYEE PAYROLL TAX CUT 

Sec. 601. Temporary employee payroll tax cut. 
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TITLE VII—TEMPORARY EXTENSION OF CERTAIN EXPIRING 

PROVISIONS 

Subtitle A—Energy 

Sec. 701. Incentives for biodiesel and renewable diesel. 

Sec. 702. Credit for refined coal facilities. 

Sec. 703. New energy efficient home credit. 

Sec. 704. Excise tax credits and outlay payments for alternative fuel and alternative fuel mixtures. 

Sec. 705. Special rule for sales or dispositions to implement FERC or State electric restructuring policy for qualified electric utilities. 

Sec. 706. Suspension of limitation on percentage depletion for oil and gas from 

marginal wells. 

Sec. 707. Extension of grants for specified energy property in lieu of tax credits. 

Sec. 708. Extension of provisions related to alcohol used as fuel. 

Sec. 709. Energy efficient appliance credit. 

Sec. 710. Credit for nonbusiness energy property. 

Sec. 711. Alternative fuel vehicle refueling property. 

Subtitle B—Individual Tax Relief 

Sec. 721. Deduction for certain expenses of elementary and secondary school 

teachers. 

Sec. 722. Deduction of State and local sales taxes. 

Sec. 723. Contributions of capital gain real property made for conservation purposes. 

Sec. 724. Above-the-line deduction for qualified tuition and related expenses. 

Sec. 725. Tax-free distributions from individual retirement plans for charitable 

purposes. 

Sec. 726. Look-thru of certain regulated investment company stock in determining gross estate of nonresidents. 

Sec. 727. Parity for exclusion from income for employer-provided mass transit 

and parking benefits. 

Sec. 728. Refunds disregarded in the administration of Federal programs and 

federally assisted programs. 

Subtitle C—Business Tax Relief 

Sec. 731. Research credit. 

Sec. 732. Indian employment tax credit. 

Sec. 733. New markets tax credit. 

Sec. 734. Railroad track maintenance credit. 

Sec. 735. Mine rescue team training credit. 

Sec. 736. Employer wage credit for employees who are active duty members of the 

uniformed services. 

Sec. 737. 15-year straight-line cost recovery for qualified leasehold improvements, 

qualified restaurant buildings and improvements, and qualified 

retail improvements. 

Sec. 738. 7-year recovery period for motorsports entertainment complexes. 

Sec. 739. Accelerated depreciation for business property on an Indian reservation. 

Sec. 740. Enhanced charitable deduction for contributions of food inventory. 

Sec. 741. Enhanced charitable deduction for contributions of book inventories to 

public schools. 

Sec. 742. Enhanced charitable deduction for corporate contributions of computer 

inventory for educational purposes. 
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† HR 4853 EAS2 

Sec. 743. Election to expense mine safety equipment. 

Sec. 744. Special expensing rules for certain film and television productions. 

Sec. 745. Expensing of environmental remediation costs. 

Sec. 746. Deduction allowable with respect to income attributable to domestic production activities in Puerto Rico. 

Sec. 747. Modification of tax treatment of certain payments to controlling exempt 

organizations. 

Sec. 748. Treatment of certain dividends of regulated investment companies. 

Sec. 749. RIC qualified investment entity treatment under FIRPTA. 

Sec. 750. Exceptions for active financing income. 

Sec. 751. Look-thru treatment of payments between related controlled foreign corporations under foreign personal holding company rules. 

Sec. 752. Basis adjustment to stock of S corps making charitable contributions 

of property. 

Sec. 753. Empowerment zone tax incentives. 

Sec. 754. Tax incentives for investment in the District of Columbia. 

Sec. 755. Temporary increase in limit on cover over of rum excise taxes to Puerto 

Rico and the Virgin Islands. 

Sec. 756. American Samoa economic development credit. 

Sec. 757. Work opportunity credit. 

Sec. 758. Qualified zone academy bonds. 

Sec. 759. Mortgage insurance premiums. 

Sec. 760. Temporary exclusion of 100 percent of gain on certain small business 

stock. 

Subtitle D—Temporary Disaster Relief Provisions 

SUBPART A—NEW YORK LIBERTY ZONE

Sec. 761. Tax-exempt bond financing. 

SUBPART B—GO ZONE

Sec. 762. Increase in rehabilitation credit. 

Sec. 763. Low-income housing credit rules for buildings in GO zones. 

Sec. 764. Tax-exempt bond financing. 

Sec. 765. Bonus depreciation deduction applicable to the GO Zone. 

TITLE VIII—BUDGETARY PROVISIONS 

Sec. 801. Determination of budgetary effects. 

Sec. 802. Emergency designations. 

1 TITLE I—TEMPORARY 

2 EXTENSION OF TAX RELIEF 

3 SEC. 101. TEMPORARY EXTENSION OF 2001 TAX RELIEF. 

4 (a) TEMPORARY EXTENSION.— 

5 (1) IN GENERAL.—Section 901 of the Economic 

6 Growth and Tax Relief Reconciliation Act of 2001 is 
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† HR 4853 EAS2 

1 amended by striking ‘‘December 31, 2010’’ both places 

2 it appears and inserting ‘‘December 31, 2012’’. 

3 (2) EFFECTIVE DATE.—The amendment made by 

4 this subsection shall take effect as if included in the 

5 enactment of the Economic Growth and Tax Relief 

6 Reconciliation Act of 2001. 

7 (b) SEPARATE SUNSET FOR EXPANSION OF ADOPTION

8 BENEFITS UNDER THE PATIENT PROTECTION AND AF9 FORDABLE CARE ACT.— 

10 (1) IN GENERAL.—Subsection (c) of section 

11 10909 of the Patient Protection and Affordable Care 

12 Act is amended to read as follows: 

13 ‘‘(c) SUNSET PROVISION.—Each provision of law 

14 amended by this section is amended to read as such provi15 sion would read if this section had never been enacted. The 

16 amendments made by the preceding sentence shall apply to 

17 taxable years beginning after December 31, 2011.’’. 

18 (2) CONFORMING AMENDMENT.—Subsection (d) 

19 of section 10909 of such Act is amended by striking 

20 ‘‘The amendments’’ and inserting ‘‘Except as pro21 vided in subsection (c), the amendments’’. 

22 SEC. 102. TEMPORARY EXTENSION OF 2003 TAX RELIEF. 

23 (a) IN GENERAL.—Section 303 of the Jobs and Growth 

24 Tax Relief Reconciliation Act of 2003 is amended by strik-
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† HR 4853 EAS2 

1 ing ‘‘December 31, 2010’’ and inserting ‘‘December 31, 

2 2012’’. 

3 (b) EFFECTIVE DATE.—The amendment made by this 

4 section shall take effect as if included in the enactment of 

5 the Jobs and Growth Tax Relief Reconciliation Act of 2003. 

6 SEC. 103. TEMPORARY EXTENSION OF 2009 TAX RELIEF. 

7 (a) AMERICAN OPPORTUNITY TAX CREDIT.— 

8 (1) IN GENERAL.—Section 25A(i) is amended by 

9 striking ‘‘or 2010’’ and inserting ‘‘, 2010, 2011, or 

10 2012’’. 

11 (2) TREATMENT OF POSSESSIONS.—Section 

12 1004(c)(1) of the American Recovery and Reinvest13 ment Tax Act of 2009 is amended by striking ‘‘and 

14 2010’’ each place it appears and inserting ‘‘, 2010, 

15 2011, and 2012’’. 

16 (b) CHILD TAX CREDIT.—Section 24(d)(4) is amend17 ed— 

18 (1) by striking ‘‘2009 AND 2010’’ in the heading 

19 and inserting ‘‘2009, 2010, 2011, AND 2012’’, and 

20 (2) by striking ‘‘or 2010’’ and inserting ‘‘, 2010, 

21 2011, or 2012’’. 

22 (c) EARNED INCOME TAX CREDIT.—Section 32(b)(3) 

23 is amended— 

24 (1) by striking ‘‘2009 AND 2010’’ in the heading 

25 and inserting ‘‘2009, 2010, 2011, AND 2012’’, and 
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† HR 4853 EAS2 

1 (2) by striking ‘‘or 2010’’ and inserting ‘‘, 2010, 

2 2011, or 2012’’. 

3 (d) EFFECTIVE DATE.—The amendments made by this 

4 section shall apply to taxable years beginning after Decem5 ber 31, 2010. 

6 TITLE II—TEMPORARY EXTEN7 SION OF INDIVIDUAL AMT RE8 LIEF 

9 SEC. 201. TEMPORARY EXTENSION OF INCREASED ALTER10 NATIVE MINIMUM TAX EXEMPTION AMOUNT. 

11 (a) IN GENERAL.—Paragraph (1) of section 55(d) is 

12 amended— 

13 (1) by striking ‘‘$70,950’’ and all that follows 

14 through ‘‘2009’’ in subparagraph (A) and inserting 

15 ‘‘$72,450 in the case of taxable years beginning in 

16 2010 and $74,450 in the case of taxable years begin17 ning in 2011’’, and 

18 (2) by striking ‘‘$46,700’’ and all that follows 

19 through ‘‘2009’’ in subparagraph (B) and inserting 

20 ‘‘$47,450 in the case of taxable years beginning in 

21 2010 and $48,450 in the case of taxable years begin22 ning in 2011’’. 

23 (b) EFFECTIVE DATE.—The amendments made by this 

24 section shall apply to taxable years beginning after Decem25 ber 31, 2009. 
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† HR 4853 EAS2 

1 (c) REPEAL OF EGTRRA SUNSET.—Title IX of the 

2 Economic Growth and Tax Relief Reconciliation Act of 

3 2001 (relating to sunset of provisions of such Act) shall not 

4 apply to title VII of such Act (relating to alternative min5 imum tax). 

6 SEC. 202. TEMPORARY EXTENSION OF ALTERNATIVE MIN7 IMUM TAX RELIEF FOR NONREFUNDABLE 

8 PERSONAL CREDITS. 

9 (a) IN GENERAL.—Paragraph (2) of section 26(a) is 

10 amended— 

11 (1) by striking ‘‘or 2009’’ and inserting ‘‘2009, 

12 2010, or 2011’’, and 

13 (2) by striking ‘‘2009’’ in the heading thereof and 

14 inserting ‘‘2011’’. 

15 (b) EFFECTIVE DATE.—The amendments made by this 

16 section shall apply to taxable years beginning after Decem17 ber 31, 2009. 

18 TITLE III—TEMPORARY ESTATE 

19 TAX RELIEF 

20 SEC. 301. REINSTATEMENT OF ESTATE TAX; REPEAL OF 

21 CARRYOVER BASIS. 

22 (a) IN GENERAL.—Each provision of law amended by 

23 subtitle A or E of title V of the Economic Growth and Tax 

24 Relief Reconciliation Act of 2001 is amended to read as 
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† HR 4853 EAS2 

1 such provision would read if such subtitle had never been 

2 enacted. 

3 (b) CONFORMING AMENDMENT.—On and after Janu4 ary 1, 2011, paragraph (1) of section 2505(a) of the Inter5 nal Revenue Code of 1986 is amended to read as such para6 graph would read if section 521(b)(2) of the Economic 

7 Growth and Tax Relief Reconciliation Act of 2001 had 

8 never been enacted. 

9 (c) SPECIAL ELECTION WITH RESPECT TO ESTATES

10 OF DECEDENTS DYING IN 2010.—Notwithstanding sub11 section (a), in the case of an estate of a decedent dying after 

12 December 31, 2009, and before January 1, 2011, the execu13 tor (within the meaning of section 2203 of the Internal Rev14 enue Code of 1986) may elect to apply such Code as though 

15 the amendments made by subsection (a) do not apply with 

16 respect to chapter 11 of such Code and with respect to prop17 erty acquired or passing from such decedent (within the 

18 meaning of section 1014(b) of such Code). Such election 

19 shall be made at such time and in such manner as the Sec20 retary of the Treasury or the Secretary’s delegate shall pro21 vide. Such an election once made shall be revocable only 

22 with the consent of the Secretary of the Treasury or the Sec23 retary’s delegate. For purposes of section 2652(a)(1) of such 

24 Code, the determination of whether any property is subject 
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† HR 4853 EAS2 

1 to the tax imposed by such chapter 11 shall be made without 

2 regard to any election made under this subsection. 

3 (d) EXTENSION OF TIME FOR PERFORMING CERTAIN

4 ACTS.— 

5 (1) ESTATE TAX.—In the case of the estate of a 

6 decedent dying after December 31, 2009, and before 

7 the date of the enactment of this Act, the due date 

8 for— 

9 (A) filing any return under section 6018 of 

10 the Internal Revenue Code of 1986 (including 

11 any election required to be made on such a re12 turn) as such section is in effect after the date 

13 of the enactment of this Act without regard to 

14 any election under subsection (c), 

15 (B) making any payment of tax under 

16 chapter 11 of such Code, and 

17 (C) making any disclaimer described in sec18 tion 2518(b) of such Code of an interest in prop19 erty passing by reason of the death of such dece20 dent, 

21 shall not be earlier than the date which is 9 months 

22 after the date of the enactment of this Act. 

23 (2) GENERATION-SKIPPING TAX.—In the case of 

24 any generation-skipping transfer made after Decem25 ber 31, 2009, and before the date of the enactment of 
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† HR 4853 EAS2 

1 this Act, the due date for filing any return under sec2 tion 2662 of the Internal Revenue Code of 1986 (in3 cluding any election required to be made on such a 

4 return) shall not be earlier than the date which is 9 

5 months after the date of the enactment of this Act. 

6 (e) EFFECTIVE DATE.—Except as otherwise provided 

7 in this section, the amendments made by this section shall 

8 apply to estates of decedents dying, and transfers made, 

9 after December 31, 2009. 

10 SEC. 302. MODIFICATIONS TO ESTATE, GIFT, AND GENERA11 TION-SKIPPING TRANSFER TAXES. 

12 (a) MODIFICATIONS TO ESTATE TAX.— 

13 (1) $5,000,000 APPLICABLE EXCLUSION

14 AMOUNT.—Subsection (c) of section 2010 is amended 

15 to read as follows: 

16 ‘‘(c) APPLICABLE CREDIT AMOUNT.— 

17 ‘‘(1) IN GENERAL.—For purposes of this section, 

18 the applicable credit amount is the amount of the ten19 tative tax which would be determined under section 

20 2001(c) if the amount with respect to which such ten21 tative tax is to be computed were equal to the appli22 cable exclusion amount. 

23 ‘‘(2) APPLICABLE EXCLUSION AMOUNT.— 
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† HR 4853 EAS2 

1 ‘‘(A) IN GENERAL.—For purposes of this 

2 subsection, the applicable exclusion amount is 

3 $5,000,000. 

4 ‘‘(B) INFLATION ADJUSTMENT.—In the case 

5 of any decedent dying in a calendar year after 

6 2011, the dollar amount in subparagraph (A) 

7 shall be increased by an amount equal to— 

8 ‘‘(i) such dollar amount, multiplied by 

9 ‘‘(ii) the cost-of-living adjustment de10 termined under section 1(f)(3) for such cal11 endar year by substituting ‘calendar year 

12 2010’ for ‘calendar year 1992’ in subpara13 graph (B) thereof. 

14 If any amount as adjusted under the preceding 

15 sentence is not a multiple of $10,000, such 

16 amount shall be rounded to the nearest multiple 

17 of $10,000.’’. 

18 (2) MAXIMUM ESTATE TAX RATE EQUAL TO 35

19 PERCENT.—Subsection (c) of section 2001 is amend20 ed— 

21 (A) by striking ‘‘Over $500,000’’ and all 

22 that follows in the table contained in paragraph 

23 (1) and inserting the following: 

‘‘Over $500,000 ........................................ $155,800, plus 35 percent of the excess 

of such amount over $500,000.’’, 

24 (B) by striking ‘‘(1) IN GENERAL.—’’, and 
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† HR 4853 EAS2 

1 (C) by striking paragraph (2). 

2 (b) MODIFICATIONS TO GIFT TAX.— 

3 (1) RESTORATION OF UNIFIED CREDIT AGAINST

4 GIFT TAX.— 

5 (A) IN GENERAL.—Paragraph (1) of section 

6 2505(a), after the application of section 301(b), 

7 is amended by striking ‘‘(determined as if the 

8 applicable exclusion amount were $1,000,000)’’. 

9 (B) EFFECTIVE DATE.—The amendment 

10 made by this paragraph shall apply to gifts 

11 made after December 31, 2010. 

12 (2) MODIFICATION OF GIFT TAX RATE.—On and 

13 after January 1, 2011, subsection (a) of section 2502 

14 is amended to read as such subsection would read if 

15 section 511(d) of the Economic Growth and Tax Re16 lief Reconciliation Act of 2001 had never been en17 acted. 

18 (c) MODIFICATION OF GENERATION-SKIPPING TRANS19 FER TAX.—In the case of any generation-skipping transfer 

20 made after December 31, 2009, and before January 1, 2011, 

21 the applicable rate determined under section 2641(a) of the 

22 Internal Revenue Code of 1986 shall be zero. 

23 (d) MODIFICATIONS OF ESTATE AND GIFT TAXES TO

24 REFLECT DIFFERENCES IN CREDIT RESULTING FROM DIF25 FERENT TAX RATES.— 
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† HR 4853 EAS2 

1 (1) ESTATE TAX.— 

2 (A) IN GENERAL.—Section 2001(b)(2) is 

3 amended by striking ‘‘if the provisions of sub4 section (c) (as in effect at the decedent’s death)’’ 

5 and inserting ‘‘if the modifications described in 

6 subsection (g)’’. 

7 (B) MODIFICATIONS.—Section 2001 is 

8 amended by adding at the end the following new 

9 subsection: 

10 ‘‘(g) MODIFICATIONS TO GIFT TAX PAYABLE TO RE11 FLECT DIFFERENT TAX RATES.—For purposes of applying 

12 subsection (b)(2) with respect to 1 or more gifts, the rates 

13 of tax under subsection (c) in effect at the decedent’s death 

14 shall, in lieu of the rates of tax in effect at the time of such 

15 gifts, be used both to compute— 

16 ‘‘(1) the tax imposed by chapter 12 with respect 

17 to such gifts, and 

18 ‘‘(2) the credit allowed against such tax under 

19 section 2505, including in computing— 

20 ‘‘(A) the applicable credit amount under 

21 section 2505(a)(1), and 

22 ‘‘(B) the sum of the amounts allowed as a 

23 credit for all preceding periods under section 

24 2505(a)(2).’’. 
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† HR 4853 EAS2 

1 (2) GIFT TAX.—Section 2505(a) is amended by 

2 adding at the end the following new flush sentence: 

3 ‘‘For purposes of applying paragraph (2) for any calendar 

4 year, the rates of tax in effect under section 2502(a)(2) for 

5 such calendar year shall, in lieu of the rates of tax in effect 

6 for preceding calendar periods, be used in determining the 

7 amounts allowable as a credit under this section for all pre8 ceding calendar periods.’’. 

9 (e) CONFORMING AMENDMENT.—Section 2511 is 

10 amended by striking subsection (c). 

11 (f) EFFECTIVE DATE.—Except as otherwise provided 

12 in this subsection, the amendments made by this section 

13 shall apply to estates of decedents dying, generation-skip14 ping transfers, and gifts made, after December 31, 2009. 

15 SEC. 303. APPLICABLE EXCLUSION AMOUNT INCREASED BY 

16 UNUSED EXCLUSION AMOUNT OF DECEASED 

17 SPOUSE. 

18 (a) IN GENERAL.—Section 2010(c), as amended by 

19 section 302(a), is amended by striking paragraph (2) and 

20 inserting the following new paragraphs: 

21 ‘‘(2) APPLICABLE EXCLUSION AMOUNT.—For 

22 purposes of this subsection, the applicable exclusion 

23 amount is the sum of— 

24 ‘‘(A) the basic exclusion amount, and 
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† HR 4853 EAS2 

1 ‘‘(B) in the case of a surviving spouse, the 

2 deceased spousal unused exclusion amount. 

3 ‘‘(3) BASIC EXCLUSION AMOUNT.— 

4 ‘‘(A) IN GENERAL.—For purposes of this 

5 subsection, the basic exclusion amount is 

6 $5,000,000. 

7 ‘‘(B) INFLATION ADJUSTMENT.—In the case 

8 of any decedent dying in a calendar year after 

9 2011, the dollar amount in subparagraph (A) 

10 shall be increased by an amount equal to— 

11 ‘‘(i) such dollar amount, multiplied by 

12 ‘‘(ii) the cost-of-living adjustment de13 termined under section 1(f)(3) for such cal14 endar year by substituting ‘calendar year 

15 2010’ for ‘calendar year 1992’ in subpara16 graph (B) thereof. 

17 If any amount as adjusted under the preceding 

18 sentence is not a multiple of $10,000, such 

19 amount shall be rounded to the nearest multiple 

20 of $10,000. 

21 ‘‘(4) DECEASED SPOUSAL UNUSED EXCLUSION

22 AMOUNT.—For purposes of this subsection, with re23 spect to a surviving spouse of a deceased spouse dying 

24 after December 31, 2010, the term ‘deceased spousal 

25 unused exclusion amount’ means the lesser of— 
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† HR 4853 EAS2 

1 ‘‘(A) the basic exclusion amount, or 

2 ‘‘(B) the excess of— 

3 ‘‘(i) the basic exclusion amount of the 

4 last such deceased spouse of such surviving 

5 spouse, over 

6 ‘‘(ii) the amount with respect to which 

7 the tentative tax is determined under sec8 tion 2001(b)(1) on the estate of such de9 ceased spouse. 

10 ‘‘(5) SPECIAL RULES.— 

11 ‘‘(A) ELECTION REQUIRED.—A deceased 

12 spousal unused exclusion amount may not be 

13 taken into account by a surviving spouse under 

14 paragraph (2) unless the executor of the estate of 

15 the deceased spouse files an estate tax return on 

16 which such amount is computed and makes an 

17 election on such return that such amount may be 

18 so taken into account. Such election, once made, 

19 shall be irrevocable. No election may be made 

20 under this subparagraph if such return is filed 

21 after the time prescribed by law (including ex22 tensions) for filing such return. 

23 ‘‘(B) EXAMINATION OF PRIOR RETURNS

24 AFTER EXPIRATION OF PERIOD OF LIMITATIONS

25 WITH RESPECT TO DECEASED SPOUSAL UNUSED
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† HR 4853 EAS2 

1 EXCLUSION AMOUNT.—Notwithstanding any pe2 riod of limitation in section 6501, after the time 

3 has expired under section 6501 within which a 

4 tax may be assessed under chapter 11 or 12 with 

5 respect to a deceased spousal unused exclusion 

6 amount, the Secretary may examine a return of 

7 the deceased spouse to make determinations with 

8 respect to such amount for purposes of carrying 

9 out this subsection. 

10 ‘‘(6) REGULATIONS.—The Secretary shall pre11 scribe such regulations as may be necessary or appro12 priate to carry out this subsection.’’. 

13 (b) CONFORMING AMENDMENTS.— 

14 (1) Paragraph (1) of section 2505(a), as amend15 ed by section 302(b)(1), is amended to read as follows: 

16 ‘‘(1) the applicable credit amount in effect under 

17 section 2010(c) which would apply if the donor died 

18 as of the end of the calendar year, reduced by’’. 

19 (2) Section 2631(c) is amended by striking ‘‘the 

20 applicable exclusion amount’’ and inserting ‘‘the 

21 basic exclusion amount’’. 

22 (3) Section 6018(a)(1) is amended by striking 

23 ‘‘applicable exclusion amount’’ and inserting ‘‘basic 

24 exclusion amount’’. 

25 (c) EFFECTIVE DATES.— 
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† HR 4853 EAS2 

1 (1) IN GENERAL.—Except as provided in para2 graph (2), the amendments made by this section shall 

3 apply to estates of decedents dying and gifts made 

4 after December 31, 2010. 

5 (2) CONFORMING AMENDMENT RELATING TO

6 GENERATION-SKIPPING TRANSFERS.—The amendment 

7 made by subsection (b)(2) shall apply to generation8 skipping transfers after December 31, 2010. 

9 SEC. 304. APPLICATION OF EGTRRA SUNSET TO THIS TITLE. 

10 Section 901 of the Economic Growth and Tax Relief 

11 Reconciliation Act of 2001 shall apply to the amendments 

12 made by this title. 

13 TITLE IV—TEMPORARY EXTEN14 SION OF INVESTMENT INCEN15 TIVES 

16 SEC. 401. EXTENSION OF BONUS DEPRECIATION; TEM17 PORARY 100 PERCENT EXPENSING FOR CER18 TAIN BUSINESS ASSETS. 

19 (a) IN GENERAL.—Paragraph (2) of section 168(k) is 

20 amended— 

21 (1) by striking ‘‘January 1, 2012’’ in subpara22 graph (A)(iv) and inserting ‘‘January 1, 2014’’, and 

23 (2) by striking ‘‘January 1, 2011’’ each place it 

24 appears and inserting ‘‘January 1, 2013’’. 
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† HR 4853 EAS2 

1 (b) TEMPORARY 100 PERCENT EXPENSING.—Sub2 section (k) of section 168 is amended by adding at the end 

3 the following new paragraph: 

4 ‘‘(5) SPECIAL RULE FOR PROPERTY ACQUIRED

5 DURING CERTAIN PRE-2012 PERIODS.—In the case of 

6 qualified property acquired by the taxpayer (under 

7 rules similar to the rules of clauses (ii) and (iii) of 

8 paragraph (2)(A)) after September 8, 2010, and be9 fore January 1, 2012, and which is placed in service 

10 by the taxpayer before January 1, 2012 (January 1, 

11 2013, in the case of property described in subpara12 graph (2)(B) or (2)(C)), paragraph (1)(A) shall be 

13 applied by substituting ‘100 percent’ for ‘50 per14 cent’.’’. 

15 (c) EXTENSION OF ELECTION TO ACCELERATE THE

16 AMT CREDIT IN LIEU OF BONUS DEPRECIATION.— 

17 (1) EXTENSION.—Clause (iii) of section 

18 168(k)(4)(D) is amended by striking ‘‘or production’’ 

19 and all that follows and inserting ‘‘or production— 

20 ‘‘(I) after March 31, 2008, and be21 fore January 1, 2010, and 

22 ‘‘(II) after December 31, 2010, 

23 and before January 1, 2013, 

24 shall be taken into account under subpara25 graph (B)(ii) thereof,’’. 
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† HR 4853 EAS2 

1 (2) RULES FOR ROUND 2 EXTENSION PROP2 ERTY.—Paragraph (4) of section 168(k) is amended 

3 by adding at the end the following new subparagraph: 

4 ‘‘(I) SPECIAL RULES FOR ROUND 2 EXTEN5 SION PROPERTY.— 

6 ‘‘(i) IN GENERAL.—In the case of 

7 round 2 extension property, this paragraph 

8 shall be applied without regard to— 

9 ‘‘(I) the limitation described in 

10 subparagraph (B)(i) thereof, and 

11 ‘‘(II) the business credit increase 

12 amount under subparagraph (E)(iii) 

13 thereof. 

14 ‘‘(ii) TAXPAYERS PREVIOUSLY ELECT15 ING ACCELERATION.—In the case of a tax16 payer who made the election under subpara17 graph (A) for its first taxable year ending 

18 after March 31, 2008, or a taxpayer who 

19 made the election under subparagraph 

20 (H)(ii) for its first taxable year ending 

21 after December 31, 2008— 

22 ‘‘(I) the taxpayer may elect not to 

23 have this paragraph apply to round 2 

24 extension property, but 
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† HR 4853 EAS2 

1 ‘‘(II) if the taxpayer does not 

2 make the election under subclause (I), 

3 in applying this paragraph to the tax4 payer the bonus depreciation amount, 

5 maximum amount, and maximum in6 crease amount shall be computed and 

7 applied to eligible qualified property 

8 which is round 2 extension property. 

9 The amounts described in subclause (II) 

10 shall be computed separately from any 

11 amounts computed with respect to eligible 

12 qualified property which is not round 2 ex13 tension property. 

14 ‘‘(iii) TAXPAYERS NOT PREVIOUSLY

15 ELECTING ACCELERATION.—In the case of a 

16 taxpayer who neither made the election 

17 under subparagraph (A) for its first taxable 

18 year ending after March 31, 2008, nor 

19 made the election under subparagraph 

20 (H)(ii) for its first taxable year ending 

21 after December 31, 2008— 

22 ‘‘(I) the taxpayer may elect to 

23 have this paragraph apply to its first 

24 taxable year ending after December 31, 
23 

† HR 4853 EAS2 

1 2010, and each subsequent taxable 

2 year, and 

3 ‘‘(II) if the taxpayer makes the 

4 election under subclause (I), this para5 graph shall only apply to eligible 

6 qualified property which is round 2 ex7 tension property. 

8 ‘‘(iv) ROUND 2 EXTENSION PROP9 ERTY.—For purposes of this subparagraph, 

10 the term ‘round 2 extension property’ means 

11 property which is eligible qualified property 

12 solely by reason of the extension of the ap13 plication of the special allowance under 

14 paragraph (1) pursuant to the amendments 

15 made by section 401(a) of the Tax Relief, 

16 Unemployment Insurance Reauthorization, 

17 and Job Creation Act of 2010 (and the ap18 plication of such extension to this para19 graph pursuant to the amendment made by 

20 section 401(c)(1) of such Act).’’. 

21 (d) CONFORMING AMENDMENTS.— 

22 (1) The heading for subsection (k) of section 168 

23 is amended by striking ‘‘JANUARY 1, 2011’’ and in24 serting ‘‘JANUARY 1, 2013’’. 
24 

† HR 4853 EAS2 

1 (2) The heading for clause (ii) of section 

2 168(k)(2)(B) is amended by striking ‘‘PRE-JANUARY 1, 

3 2011’’ and inserting ‘‘PRE-JANUARY 1, 2013’’. 

4 (3) Subparagraph (D) of section 168(k)(4) is 

5 amended— 

6 (A) by striking clauses (iv) and (v), 

7 (B) by inserting ‘‘and’’ at the end of clause 

8 (ii), and 

9 (C) by striking the comma at the end of 

10 clause (iii) and inserting a period. 

11 (4) Paragraph (5) of section 168(l) is amend12 ed— 

13 (A) by inserting ‘‘and’’ at the end of sub14 paragraph (A), 

15 (B) by striking subparagraph (B), and 

16 (C) by redesignating subparagraph (C) as 

17 subparagraph (B). 

18 (5) Subparagraph (C) of section 168(n)(2) is 

19 amended by striking ‘‘January 1, 2011’’ and insert20 ing ‘‘January 1, 2013’’. 

21 (6) Subparagraph (D) of section 1400L(b)(2) is 

22 amended by striking ‘‘January 1, 2011’’ and insert23 ing ‘‘January 1, 2013’’. 
25 

† HR 4853 EAS2 

1 (7) Subparagraph (B) of section 1400N(d)(3) is 

2 amended by striking ‘‘January 1, 2011’’ and insert3 ing ‘‘January 1, 2013’’. 

4 (e) EFFECTIVE DATES.— 

5 (1) IN GENERAL.—Except as provided in para6 graph (2), the amendments made by this section shall 

7 apply to property placed in service after December 

8 31, 2010, in taxable years ending after such date. 

9 (2) TEMPORARY 100 PERCENT EXPENSING.—The 

10 amendment made by subsection (b) shall apply to 

11 property placed in service after September 8, 2010, in 

12 taxable years ending after such date. 

13 SEC. 402. TEMPORARY EXTENSION OF INCREASED SMALL 

14 BUSINESS EXPENSING. 

15 (a) DOLLAR LIMITATION.—Section 179(b)(1) is 

16 amended by striking ‘‘and’’ at the end of subparagraph (B) 

17 and by striking subparagraph (C) and inserting the fol18 lowing new subparagraphs: 

19 ‘‘(C) $125,000 in the case of taxable years 

20 beginning in 2012, and 

21 ‘‘(D) $25,000 in the case of taxable years 

22 beginning after 2012.’’. 

23 (b) REDUCTION IN LIMITATION.—Section 179(b)(2) is 

24 amended by striking ‘‘and’’ at the end of subparagraph (B) 
26 

† HR 4853 EAS2 

1 and by striking subparagraph (C) and inserting the fol2 lowing new subparagraphs: 

3 ‘‘(C) $500,000 in the case of taxable years 

4 beginning in 2012, and 

5 ‘‘(D) $200,000 in the case of taxable years 

6 beginning after 2012.’’. 

7 (c) INFLATION ADJUSTMENT.—Subsection (b) of sec8 tion 179 is amended by adding at the end the following 

9 new paragraph: 

10 ‘‘(6) INFLATION ADJUSTMENT.— 

11 ‘‘(A) IN GENERAL.—In the case of any tax12 able year beginning in calendar year 2012, the 

13 $125,000 and $500,000 amounts in paragraphs 

14 (1)(C) and (2)(C) shall each be increased by an 

15 amount equal to— 

16 ‘‘(i) such dollar amount, multiplied by 

17 ‘‘(ii) the cost-of-living adjustment de18 termined under section 1(f)(3) for the cal19 endar year in which the taxable year be20 gins, by substituting ‘calendar year 2006’ 

21 for ‘calendar year 1992’ in subparagraph 

22 (B) thereof. 

23 ‘‘(B) ROUNDING.— 

24 ‘‘(i) DOLLAR LIMITATION.—If the 

25 amount in paragraph (1) as increased 
27 

† HR 4853 EAS2 

1 under subparagraph (A) is not a multiple 

2 of $1,000, such amount shall be rounded to 

3 the nearest multiple of $1,000. 

4 ‘‘(ii) PHASEOUT AMOUNT.—If the 

5 amount in paragraph (2) as increased 

6 under subparagraph (A) is not a multiple 

7 of $10,000, such amount shall be rounded to 

8 the nearest multiple of $10,000.’’. 

9 (d) COMPUTER SOFTWARE.—Section 179(d)(1)(A)(ii) 

10 is amended by striking ‘‘2012’’ and inserting ‘‘2013’’. 

11 (e) CONFORMING AMENDMENT.—Section 179(c)(2) is 

12 amended by striking ‘‘2012’’ and inserting ‘‘2013’’. 

13 (f) EFFECTIVE DATE.—The amendments made by this 

14 section shall apply to taxable years beginning after Decem15 ber 31, 2011. 

16 TITLE V—TEMPORARY EXTEN17 SION OF UNEMPLOYMENT IN18 SURANCE AND RELATED MAT19 TERS 

20 SEC. 501. TEMPORARY EXTENSION OF UNEMPLOYMENT IN21 SURANCE PROVISIONS. 

22 (a) IN GENERAL.—(1) Section 4007 of the Supple23 mental Appropriations Act, 2008 (Public Law 110–252; 26 

24 U.S.C. 3304 note) is amended— 
28 

† HR 4853 EAS2 

1 (A) by striking ‘‘November 30, 2010’’ each place 

2 it appears and inserting ‘‘January 3, 2012’’; 

3 (B) in the heading for subsection (b)(2), by strik4 ing ‘‘NOVEMBER 30, 2010’’ and inserting ‘‘JANUARY 3, 

5 2012’’; and 

6 (C) in subsection (b)(3), by striking ‘‘April 30, 

7 2011’’ and inserting ‘‘June 9, 2012’’. 

8 (2) Section 2005 of the Assistance for Unemployed 

9 Workers and Struggling Families Act, as contained in Pub10 lic Law 111–5 (26 U.S.C. 3304 note; 123 Stat. 444), is 

11 amended— 

12 (A) by striking ‘‘December 1, 2010’’ each place 

13 it appears and inserting ‘‘January 4, 2012’’; and 

14 (B) in subsection (c), by striking ‘‘May 1, 2011’’ 

15 and inserting ‘‘June 11, 2012’’. 

16 (3) Section 5 of the Unemployment Compensation Ex17 tension Act of 2008 (Public Law 110–449; 26 U.S.C. 3304 

18 note) is amended by striking ‘‘April 30, 2011’’ and insert19 ing ‘‘June 10, 2012’’. 

20 (b) FUNDING.—Section 4004(e)(1) of the Supplemental 

21 Appropriations Act, 2008 (Public Law 110–252; 26 U.S.C. 

22 3304 note) is amended— 

23 (1) in subparagraph (E), by striking ‘‘and’’ at 

24 the end; and 
29 

† HR 4853 EAS2 

1 (2) by inserting after subparagraph (F) the fol2 lowing: 

3 ‘‘(G) the amendments made by section 

4 501(a)(1) of the Tax Relief, Unemployment In5 surance Reauthorization, and Job Creation Act 

6 of 2010; and’’. 

7 (c) EFFECTIVE DATE.—The amendments made by this 

8 section shall take effect as if included in the enactment of 

9 the Unemployment Compensation Extension Act of 2010 

10 (Public Law 111–205). 

11 SEC. 502. TEMPORARY MODIFICATION OF INDICATORS 

12 UNDER THE EXTENDED BENEFIT PROGRAM. 

13 (a) INDICATOR.—Section 203(d) of the Federal-State 

14 Extended Unemployment Compensation Act of 1970 (26 

15 U.S.C. 3304 note) is amended, in the flush matter following 

16 paragraph (2), by inserting after the first sentence the fol17 lowing sentence: ‘‘Effective with respect to compensation for 

18 weeks of unemployment beginning after the date of enact19 ment of the Tax Relief, Unemployment Insurance Reauthor20 ization, and Job Creation Act of 2010 (or, if later, the date 

21 established pursuant to State law), and ending on or before 

22 December 31, 2011, the State may by law provide that the 

23 determination of whether there has been a state ‘on’ or ‘off’ 

24 indicator beginning or ending any extended benefit period 
30 

† HR 4853 EAS2 

1 shall be made under this subsection as if the word ‘two’ 

2 were ‘three’ in subparagraph (1)(A).’’. 

3 (b) ALTERNATIVE TRIGGER.—Section 203(f) of the 

4 Federal-State Extended Unemployment Compensation Act 

5 of 1970 (26 U.S.C. 3304 note) is amended— 

6 (1) by redesignating paragraph (2) as para7 graph (3); and 

8 (2) by inserting after paragraph (1) the fol9 lowing new paragraph: 

10 ‘‘(2) Effective with respect to compensation for weeks 

11 of unemployment beginning after the date of enactment of 

12 the Tax Relief, Unemployment Insurance Reauthorization, 

13 and Job Creation Act of 2010 (or, if later, the date estab14 lished pursuant to State law), and ending on or before De15 cember 31, 2011, the State may by law provide that the 

16 determination of whether there has been a state ‘on’ or ‘off’ 

17 indicator beginning or ending any extended benefit period 

18 shall be made under this subsection as if the word ‘either’ 

19 were ‘any’, the word ‘‘both’’ were ‘all’, and the figure ‘2’ 

20 were ‘3’ in clause (1)(A)(ii).’’. 

21 SEC. 503. TECHNICAL AMENDMENT RELATING TO COLLEC22 TION OF UNEMPLOYMENT COMPENSATION 

23 DEBTS. 

24 (a) IN GENERAL.—Section 6402(f)(3)(C), as amended 

25 by section 801 of the Claims Resolution Act of 2010, is 
31 

† HR 4853 EAS2 

1 amended by striking ‘‘is not a covered unemployment com2 pensation debt’’ and inserting ‘‘is a covered unemployment 

3 compensation debt’’. 

4 (b) EFFECTIVE DATE.—The amendment made by sub5 section (a) shall take effect as if included in section 801 

6 of the Claims Resolution Act of 2010. 

7 SEC. 504. TECHNICAL CORRECTION RELATING TO REPEAL 

8 OF CONTINUED DUMPING AND SUBSIDY OFF9 SET. 

10 (a) IN GENERAL.—Section 822(2)(A) of the Claims 

11 Resolution Act of 2010 is amended by striking ‘‘or’’ and 

12 inserting ‘‘and’’. 

13 (b) EFFECTIVE DATE.—The amendment made by sub14 section (a) shall take effect as if included in the provisions 

15 of the Claims Resolution Act of 2010. 

16 SEC. 505. ADDITIONAL EXTENDED UNEMPLOYMENT BENE17 FITS UNDER THE RAILROAD UNEMPLOYMENT 

18 INSURANCE ACT. 

19 (a) EXTENSION.—Section 2(c)(2)(D)(iii) of the Rail20 road Unemployment Insurance Act, as added by section 

21 2006 of the American Recovery and Reinvestment Act of 

22 2009 (Public Law 111–5) and as amended by section 9 of 

23 the Worker, Homeownership, and Business Assistance Act 

24 of 2009 (Public Law 111–92), is amended— 
32 

† HR 4853 EAS2 

1 (1) by striking ‘‘June 30, 2010’’ and inserting 

2 ‘‘June 30, 2011’’; and 

3 (2) by striking ‘‘December 31, 2010’’ and insert4 ing ‘‘December 31, 2011’’. 

5 (b) CLARIFICATION ON AUTHORITY TO USE FUNDS.— 

6 Funds appropriated under either the first or second sen7 tence of clause (iv) of section 2(c)(2)(D) of the Railroad Un8 employment Insurance Act shall be available to cover the 

9 cost of additional extended unemployment benefits provided 

10 under such section 2(c)(2)(D) by reason of the amendments 

11 made by subsection (a) as well as to cover the cost of such 

12 benefits provided under such section 2(c)(2)(D), as in effect 

13 on the day before the date of the enactment of this Act. 

14 TITLE VI—TEMPORARY 

15 EMPLOYEE PAYROLL TAX CUT 

16 SEC. 601. TEMPORARY EMPLOYEE PAYROLL TAX CUT. 

17 (a) IN GENERAL.—Notwithstanding any other provi18 sion of law— 

19 (1) with respect to any taxable year which begins 

20 in the payroll tax holiday period, the rate of tax 

21 under section 1401(a) of the Internal Revenue Code of 

22 1986 shall be 10.40 percent, and 

23 (2) with respect to remuneration received during 

24 the payroll tax holiday period, the rate of tax under 

25 3101(a) of such Code shall be 4.2 percent (including 
33 

† HR 4853 EAS2 

1 for purposes of determining the applicable percentage 

2 under sections 3201(a) and 3211(a)(1) of such Code). 

3 (b) COORDINATION WITH DEDUCTIONS FOR EMPLOY4 MENT TAXES.— 

5 (1) DEDUCTION IN COMPUTING NET EARNINGS

6 FROM SELF-EMPLOYMENT.—For purposes of applying 

7 section 1402(a)(12) of the Internal Revenue Code of 

8 1986, the rate of tax imposed by subsection 1401(a) 

9 of such Code shall be determined without regard to the 

10 reduction in such rate under this section. 

11 (2) INDIVIDUAL DEDUCTION.—In the case of the 

12 taxes imposed by section 1401 of such Code for any 

13 taxable year which begins in the payroll tax holiday 

14 period, the deduction under section 164(f) with re15 spect to such taxes shall be equal to the sum of— 

16 (A) 59.6 percent of the portion of such taxes 

17 attributable to the tax imposed by section 

18 1401(a) (determined after the application of this 

19 section), plus 

20 (B) one-half of the portion of such taxes at21 tributable to the tax imposed by section 1401(b). 

22 (c) PAYROLL TAX HOLIDAY PERIOD.—The term ‘‘pay23 roll tax holiday period’’ means calendar year 2011. 
34 

† HR 4853 EAS2 

1 (d) EMPLOYER NOTIFICATION.—The Secretary of the 

2 Treasury shall notify employers of the payroll tax holiday 

3 period in any manner the Secretary deems appropriate. 

4 (e) TRANSFERS OF FUNDS.— 

5 (1) TRANSFERS TO FEDERAL OLD-AGE AND SUR6 VIVORS INSURANCE TRUST FUND.—There are hereby 

7 appropriated to the Federal Old-Age and Survivors 

8 Trust Fund and the Federal Disability Insurance 

9 Trust Fund established under section 201 of the So10 cial Security Act (42 U.S.C. 401) amounts equal to 

11 the reduction in revenues to the Treasury by reason 

12 of the application of subsection (a). Amounts appro13 priated by the preceding sentence shall be transferred 

14 from the general fund at such times and in such man15 ner as to replicate to the extent possible the transfers 

16 which would have occurred to such Trust Fund had 

17 such amendments not been enacted. 

18 (2) TRANSFERS TO SOCIAL SECURITY EQUIVA19 LENT BENEFIT ACCOUNT.—There are hereby appro20 priated to the Social Security Equivalent Benefit Ac21 count established under section 15A(a) of the Rail22 road Retirement Act of 1974 (45 U.S.C. 231n–1(a)) 

23 amounts equal to the reduction in revenues to the 

24 Treasury by reason of the application of subsection 

25 (a)(2). Amounts appropriated by the preceding sen-
35 

† HR 4853 EAS2 

1 tence shall be transferred from the general fund at 

2 such times and in such manner as to replicate to the 

3 extent possible the transfers which would have oc4 curred to such Account had such amendments not 

5 been enacted. 

6 (3) COORDINATION WITH OTHER FEDERAL

7 LAWS.—For purposes of applying any provision of 

8 Federal law other than the provisions of the Internal 

9 Revenue Code of 1986, the rate of tax in effect under 

10 section 3101(a) of such Code shall be determined 

11 without regard to the reduction in such rate under 

12 this section. 

13 TITLE VII—TEMPORARY EXTEN14 SION OF CERTAIN EXPIRING 

15 PROVISIONS 

16 Subtitle A—Energy 

17 SEC. 701. INCENTIVES FOR BIODIESEL AND RENEWABLE 

18 DIESEL. 

19 (a) CREDITS FOR BIODIESEL AND RENEWABLE DIE20 SEL USED AS FUEL.—Subsection (g) of section 40A is 

21 amended by striking ‘‘December 31, 2009’’ and inserting 

22 ‘‘December 31, 2011’’. 

23 (b) EXCISE TAX CREDITS AND OUTLAY PAYMENTS FOR

24 BIODIESEL AND RENEWABLE DIESEL FUEL MIXTURES.— 
36 

† HR 4853 EAS2 

1 (1) Paragraph (6) of section 6426(c) is amended 

2 by striking ‘‘December 31, 2009’’ and inserting ‘‘De3 cember 31, 2011’’. 

4 (2) Subparagraph (B) of section 6427(e)(6) is 

5 amended by striking ‘‘December 31, 2009’’ and insert6 ing ‘‘December 31, 2011’’. 

7 (c) SPECIAL RULE FOR 2010.—Notwithstanding any 

8 other provision of law, in the case of any biodiesel mixture 

9 credit properly determined under section 6426(c) of the In10 ternal Revenue Code of 1986 for periods during 2010, such 

11 credit shall be allowed, and any refund or payment attrib12 utable to such credit (including any payment under section 

13 6427(e) of such Code) shall be made, only in such manner 

14 as the Secretary of the Treasury (or the Secretary’s dele15 gate) shall provide. Such Secretary shall issue guidance 

16 within 30 days after the date of the enactment of this Act 

17 providing for a one-time submission of claims covering pe18 riods during 2010. Such guidance shall provide for a 180- 

19 day period for the submission of such claims (in such man20 ner as prescribed by such Secretary) to begin not later than 

21 30 days after such guidance is issued. Such claims shall 

22 be paid by such Secretary not later than 60 days after re23 ceipt. If such Secretary has not paid pursuant to a claim 

24 filed under this subsection within 60 days after the date 

25 of the filing of such claim, the claim shall be paid with 
37 

† HR 4853 EAS2 

1 interest from such date determined by using the overpay2 ment rate and method under section 6621 of such Code. 

3 (d) EFFECTIVE DATE.—The amendments made by this 

4 section shall apply to fuel sold or used after December 31, 

5 2009. 

6 SEC. 702. CREDIT FOR REFINED COAL FACILITIES. 

7 (a) IN GENERAL.—Subparagraph (B) of section 

8 45(d)(8) is amended by striking ‘‘January 1, 2010’’ and 

9 inserting ‘‘January 1, 2012’’. 

10 (b) EFFECTIVE DATE.—The amendment made by this 

11 section shall apply to facilities placed in service after De12 cember 31, 2009. 

13 SEC. 703. NEW ENERGY EFFICIENT HOME CREDIT. 

14 (a) IN GENERAL.—Subsection (g) of section 45L is 

15 amended by striking ‘‘December 31, 2009’’ and inserting 

16 ‘‘December 31, 2011’’. 

17 (b) EFFECTIVE DATE.—The amendment made by this 

18 section shall apply to homes acquired after December 31, 

19 2009. 

20 SEC. 704. EXCISE TAX CREDITS AND OUTLAY PAYMENTS 

21 FOR ALTERNATIVE FUEL AND ALTERNATIVE 

22 FUEL MIXTURES. 

23 (a) IN GENERAL.—Sections 6426(d)(5), 6426(e)(3), 

24 and 6427(e)(6)(C) are each amended by striking ‘‘December 

25 31, 2009’’ and inserting ‘‘December 31, 2011’’. 
38 

† HR 4853 EAS2 

1 (b) EXCLUSION OF BLACK LIQUOR FROM CREDIT ELI2 GIBILITY.—The last sentence of section 6426(d)(2) is 

3 amended by striking ‘‘or biodiesel’’ and inserting ‘‘biodiesel, 

4 or any fuel (including lignin, wood residues, or spent 

5 pulping liquors) derived from the production of paper or 

6 pulp’’. 

7 (c) SPECIAL RULE FOR 2010.—Notwithstanding any 

8 other provision of law, in the case of any alternative fuel 

9 credit or any alternative fuel mixture credit properly deter10 mined under subsection (d) or (e) of section 6426 of the 

11 Internal Revenue Code of 1986 for periods during 2010, 

12 such credit shall be allowed, and any refund or payment 

13 attributable to such credit (including any payment under 

14 section 6427(e) of such Code) shall be made, only in such 

15 manner as the Secretary of the Treasury (or the Secretary’s 

16 delegate) shall provide. Such Secretary shall issue guidance 

17 within 30 days after the date of the enactment of this Act 

18 providing for a one-time submission of claims covering pe19 riods during 2010. Such guidance shall provide for a 180- 

20 day period for the submission of such claims (in such man21 ner as prescribed by such Secretary) to begin not later than 

22 30 days after such guidance is issued. Such claims shall 

23 be paid by such Secretary not later than 60 days after re24 ceipt. If such Secretary has not paid pursuant to a claim 

25 filed under this subsection within 60 days after the date 
39 

† HR 4853 EAS2 

1 of the filing of such claim, the claim shall be paid with 

2 interest from such date determined by using the overpay3 ment rate and method under section 6621 of such Code. 

4 (d) EFFECTIVE DATE.—The amendments made by this 

5 section shall apply to fuel sold or used after December 31, 

6 2009. 

7 SEC. 705. SPECIAL RULE FOR SALES OR DISPOSITIONS TO 

8 IMPLEMENT FERC OR STATE ELECTRIC RE9 STRUCTURING POLICY FOR QUALIFIED ELEC10 TRIC UTILITIES. 

11 (a) IN GENERAL.—Paragraph (3) of section 451(i) is 

12 amended by striking ‘‘January 1, 2010’’ and inserting 

13 ‘‘January 1, 2012’’. 

14 (b) EFFECTIVE DATE.—The amendment made by this 

15 section shall apply to dispositions after December 31, 2009. 

16 SEC. 706. SUSPENSION OF LIMITATION ON PERCENTAGE 

17 DEPLETION FOR OIL AND GAS FROM MAR18 GINAL WELLS. 

19 (a) IN GENERAL.—Clause (ii) of section 

20 613A(c)(6)(H) is amended by striking ‘‘January 1, 2010’’ 

21 and inserting ‘‘January 1, 2012’’. 

22 (b) EFFECTIVE DATE.—The amendment made by this 

23 section shall apply to taxable years beginning after Decem24 ber 31, 2009. 
40 

† HR 4853 EAS2 

1 SEC. 707. EXTENSION OF GRANTS FOR SPECIFIED ENERGY 

2 PROPERTY IN LIEU OF TAX CREDITS. 

3 (a) IN GENERAL.—Subsection (a) of section 1603 of 

4 division B of the American Recovery and Reinvestment Act 

5 of 2009 is amended— 

6 (1) in paragraph (1), by striking ‘‘2009 or 

7 2010’’ and inserting ‘‘2009, 2010, or 2011’’, and 

8 (2) in paragraph (2)— 

9 (A) by striking ‘‘after 2010’’ and inserting 

10 ‘‘after 2011’’, and 

11 (B) by striking ‘‘2009 or 2010’’ and insert12 ing ‘‘2009, 2010, or 2011’’. 

13 (b) CONFORMING AMENDMENT.—Subsection (j) of sec14 tion 1603 of division B of such Act is amended by striking 

15 ‘‘2011’’ and inserting ‘‘2012’’. 

16 SEC. 708. EXTENSION OF PROVISIONS RELATED TO ALCO17 HOL USED AS FUEL. 

18 (a) EXTENSION OF INCOME TAX CREDIT FOR ALCO19 HOL USED AS FUEL.— 

20 (1) IN GENERAL.—Paragraph (1) of section 40(e) 

21 is amended— 

22 (A) by striking ‘‘December 31, 2010’’ in 

23 subparagraph (A) and inserting ‘‘December 31, 

24 2011’’, and 
41 

† HR 4853 EAS2 

1 (B) by striking ‘‘January 1, 2011’’ in sub2 paragraph (B) and inserting ‘‘January 1, 

3 2012’’. 

4 (2) REDUCED AMOUNT FOR ETHANOL BLEND5 ERS.—Subsection (h) of section 40 is amended by 

6 striking ‘‘2010’’ both places it appears and inserting 

7 ‘‘2011’’. 

8 (3) EFFECTIVE DATE.—The amendments made 

9 by this subsection shall apply to periods after Decem10 ber 31, 2010. 

11 (b) EXTENSION OF EXCISE TAX CREDIT FOR ALCOHOL

12 USED AS FUEL.— 

13 (1) IN GENERAL.—Paragraph (6) of section 

14 6426(b) is amended by striking ‘‘December 31, 2010’’ 

15 and inserting ‘‘December 31, 2011’’. 

16 (2) EFFECTIVE DATE.—The amendment made by 

17 this subsection shall apply to periods after December 

18 31, 2010. 

19 (c) EXTENSION OF PAYMENT FOR ALCOHOL FUEL

20 MIXTURE.— 

21 (1) IN GENERAL.—Subparagraph (A) of section 

22 6427(e)(6) is amended by striking ‘‘December 31, 

23 2010’’ and inserting ‘‘December 31, 2011’’. 
42 

† HR 4853 EAS2 

1 (2) EFFECTIVE DATE.—The amendment made by 

2 this subsection shall apply to sales and uses after De3 cember 31, 2010. 

4 (d) EXTENSION OF ADDITIONAL DUTIES ON ETH5 ANOL.— 

6 (1) IN GENERAL.—Headings 9901.00.50 and 

7 9901.00.52 of the Harmonized Tariff Schedule of the 

8 United States are each amended in the effective pe9 riod column by striking ‘‘1/1/2011’’ and inserting ‘‘1/ 

10 1/2012’’. 

11 (2) EFFECTIVE DATE.—The amendments made 

12 by this subsection shall take effect on January 1, 

13 2011. 

14 SEC. 709. ENERGY EFFICIENT APPLIANCE CREDIT. 

15 (a) DISHWASHERS.—Paragraph (1) of section 45M(b) 

16 is amended by striking ‘‘and’’ at the end of subparagraph 

17 (A), by striking the period at the end of subparagraph (B) 

18 and inserting a comma, and by adding at the end the fol19 lowing new subparagraphs: 

20 ‘‘(C) $25 in the case of a dishwasher which 

21 is manufactured in calendar year 2011 and 

22 which uses no more than 307 kilowatt hours per 

23 year and 5.0 gallons per cycle (5.5 gallons per 

24 cycle for dishwashers designed for greater than 

25 12 place settings), 
43 

† HR 4853 EAS2 

1 ‘‘(D) $50 in the case of a dishwasher which 

2 is manufactured in calendar year 2011 and 

3 which uses no more than 295 kilowatt hours per 

4 year and 4.25 gallons per cycle (4.75 gallons per 

5 cycle for dishwashers designed for greater than 

6 12 place settings), and 

7 ‘‘(E) $75 in the case of a dishwasher which 

8 is manufactured in calendar year 2011 and 

9 which uses no more than 280 kilowatt hours per 

10 year and 4 gallons per cycle (4.5 gallons per 

11 cycle for dishwashers designed for greater than 

12 12 place settings).’’. 

13 (b) CLOTHES WASHERS.—Paragraph (2) of section 

14 45M(b) is amended by striking ‘‘and’’ at the end of sub15 paragraph (C), by striking the period at the end of subpara16 graph (D) and inserting a comma, and by adding at the 

17 end the following new subparagraphs: 

18 ‘‘(E) $175 in the case of a top-loading 

19 clothes washer manufactured in calendar year 

20 2011 which meets or exceeds a 2.2 modified en21 ergy factor and does not exceed a 4.5 water con22 sumption factor, and 

23 ‘‘(F) $225 in the case of a clothes washer 

24 manufactured in calendar year 2011— 
44 

† HR 4853 EAS2 

1 ‘‘(i) which is a top-loading clothes 

2 washer and which meets or exceeds a 2.4 

3 modified energy factor and does not exceed 

4 a 4.2 water consumption factor, or 

5 ‘‘(ii) which is a front-loading clothes 

6 washer and which meets or exceeds a 2.8 

7 modified energy factor and does not exceed 

8 a 3.5 water consumption factor.’’. 

9 (c) REFRIGERATORS.—Paragraph (3) of section 

10 45M(b) is amended by striking ‘‘and’’ at the end of sub11 paragraph (C), by striking the period at the end of subpara12 graph (D) and inserting a comma, and by adding at the 

13 end the following new subparagraphs: 

14 ‘‘(E) $150 in the case of a refrigerator man15 ufactured in calendar year 2011 which consumes 

16 at least 30 percent less energy than the 2001 en17 ergy conservation standards, and 

18 ‘‘(F) $200 in the case of a refrigerator man19 ufactured in calendar year 2011 which consumes 

20 at least 35 percent less energy than the 2001 en21 ergy conservation standards.’’. 

22 (d) REBASING OF LIMITATIONS.— 

23 (1) IN GENERAL.—Paragraph (1) of section 

24 45M(e) is amended— 
45 

† HR 4853 EAS2 

1 (A) by striking ‘‘$75,000,000’’ and inserting 

2 ‘‘$25,000,000’’, and 

3 (B) by striking ‘‘December 31, 2007’’ and 

4 inserting ‘‘December 31, 2010’’. 

5 (2) EXCEPTION FOR CERTAIN REFRIGERATORS

6 AND CLOTHES WASHERS.—Paragraph (2) of section 

7 45M(e) is amended— 

8 (A) by striking ‘‘subsection (b)(3)(D)’’ and 

9 inserting ‘‘subsection (b)(3)(F)’’, and 

10 (B) by striking ‘‘subsection (b)(2)(D)’’ and 

11 inserting ‘‘subsection (b)(2)(F)’’. 

12 (3) GROSS RECEIPTS LIMITATION.—Paragraph 

13 (3) of section 45M(e) is amended by striking ‘‘2 per14 cent’’ and inserting ‘‘4 percent’’. 

15 (e) EFFECTIVE DATES.— 

16 (1) IN GENERAL.—The amendments made by 

17 subsections (a), (b), and (c) shall apply to appliances 

18 produced after December 31, 2010. 

19 (2) LIMITATIONS.—The amendments made by 

20 subsection (d) shall apply to taxable years beginning 

21 after December 31, 2010. 

22 SEC. 710. CREDIT FOR NONBUSINESS ENERGY PROPERTY. 

23 (a) EXTENSION.—Section 25C(g)(2) is amended by 

24 striking ‘‘2010’’ and inserting ‘‘2011’’. 
46 

† HR 4853 EAS2 

1 (b) RETURN TO PRE-ARRA LIMITATIONS AND STAND2 ARDS.— 

3 (1) IN GENERAL.—Subsections (a) and (b) of sec4 tion 25C are amended to read as follows: 

5 ‘‘(a) ALLOWANCE OF CREDIT.—In the case of an indi6 vidual, there shall be allowed as a credit against the tax 

7 imposed by this chapter for the taxable year an amount 

8 equal to the sum of— 

9 ‘‘(1) 10 percent of the amount paid or incurred 

10 by the taxpayer for qualified energy efficiency im11 provements installed during such taxable year, and 

12 ‘‘(2) the amount of the residential energy prop13 erty expenditures paid or incurred by the taxpayer 

14 during such taxable year. 

15 ‘‘(b) LIMITATIONS.— 

16 ‘‘(1) LIFETIME LIMITATION.—The credit allowed 

17 under this section with respect to any taxpayer for 

18 any taxable year shall not exceed the excess (if any) 

19 of $500 over the aggregate credits allowed under this 

20 section with respect to such taxpayer for all prior tax21 able years ending after December 31, 2005. 

22 ‘‘(2) WINDOWS.—In the case of amounts paid or 

23 incurred for components described in subsection 

24 (c)(2)(B) by any taxpayer for any taxable year, the 

25 credit allowed under this section with respect to such 
47 

† HR 4853 EAS2 

1 amounts for such year shall not exceed the excess (if 

2 any) of $200 over the aggregate credits allowed under 

3 this section with respect to such amounts for all prior 

4 taxable years ending after December 31, 2005. 

5 ‘‘(3) LIMITATION ON RESIDENTIAL ENERGY

6 PROPERTY EXPENDITURES.—The amount of the credit 

7 allowed under this section by reason of subsection 

8 (a)(2) shall not exceed— 

9 ‘‘(A) $50 for any advanced main air circu10 lating fan, 

11 ‘‘(B) $150 for any qualified natural gas, 

12 propane, or oil furnace or hot water boiler, and 

13 ‘‘(C) $300 for any item of energy-efficient 

14 building property.’’. 

15 (2) MODIFICATION OF STANDARDS.— 

16 (A) IN GENERAL.—Paragraph (1) of section 

17 25C(c) is amended by striking ‘‘2000’’ and all 

18 that follows through ‘‘this section’’ and inserting 

19 ‘‘2009 International Energy Conservation Code, 

20 as such Code (including supplements) is in effect 

21 on the date of the enactment of the American Re22 covery and Reinvestment Tax Act of 2009’’. 

23 (B) WOOD STOVES.—Subparagraph (E) of 

24 section 25C(d)(3) is amended by striking ‘‘, as 

25 measured using a lower heating value’’. 
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† HR 4853 EAS2 

1 (C) OIL FURNACES AND HOT WATER BOIL2 ERS.— 

3 (i) IN GENERAL.—Paragraph (4) of 

4 section 25C(d) is amended to read as fol5 lows: 

6 ‘‘(4) QUALIFIED NATURAL GAS, PROPANE, OR OIL

7 FURNACE OR HOT WATER BOILER.—The term ‘quali8 fied natural gas, propane, or oil furnace or hot water 

9 boiler’ means a natural gas, propane, or oil furnace 

10 or hot water boiler which achieves an annual fuel uti11 lization efficiency rate of not less than 95.’’. 

12 (ii) CONFORMING AMENDMENT.— 

13 Clause (ii) of section 25C(d)(2)(A) is 

14 amended to read as follows: 

15 ‘‘(ii) a qualified natural gas, propane, 

16 or oil furnace or hot water boiler, or’’. 

17 (D) EXTERIOR WINDOWS, DOORS, AND SKY18 LIGHTS.— 

19 (i) IN GENERAL.—Subsection (c) of sec20 tion 25C is amended by striking paragraph 

21 (4). 

22 (ii) APPLICATION OF ENERGY STAR

23 STANDARDS.—Paragraph (1) of section 

24 25C(c) is amended by inserting ‘‘an exterior 

25 window, a skylight, an exterior door,’’ after 
49 

† HR 4853 EAS2 

1 ‘‘in the case of’’ in the matter preceding 

2 subparagraph (A). 

3 (E) INSULATION.—Subparagraph (A) of 

4 section 25C(c)(2) is amended by striking ‘‘and 

5 meets the prescriptive criteria for such material 

6 or system established by the 2009 International 

7 Energy Conservation Code, as such Code (includ8 ing supplements) is in effect on the date of the 

9 enactment of the American Recovery and Rein10 vestment Tax Act of 2009’’. 

11 (3) SUBSIDIZED ENERGY FINANCING.—Sub12 section (e) of section 25C is amended by adding at the 

13 end the following new paragraph: 

14 ‘‘(3) PROPERTY FINANCED BY SUBSIDIZED EN15 ERGY FINANCING.—For purposes of determining the 

16 amount of expenditures made by any individual with 

17 respect to any property, there shall not be taken into 

18 account expenditures which are made from subsidized 

19 energy financing (as defined in section 48(a)(4)(C)).’’. 

20 (c) EFFECTIVE DATE.—The amendments made by this 

21 section shall apply to property placed in service after De22 cember 31, 2010. 
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† HR 4853 EAS2 

1 SEC. 711. ALTERNATIVE FUEL VEHICLE REFUELING PROP2 ERTY. 

3 (a) EXTENSION OF CREDIT.—Paragraph (2) of section 

4 30C(g) is amended by striking ‘‘December 31, 2010’’ and 

5 inserting ‘‘December 31, 2011.’’. 

6 (b) EFFECTIVE DATE.—The amendment made by this 

7 section shall apply to property placed in service after De8 cember 31, 2010. 

9 Subtitle B—Individual Tax Relief 

10 SEC. 721. DEDUCTION FOR CERTAIN EXPENSES OF ELEMEN11 TARY AND SECONDARY SCHOOL TEACHERS. 

12 (a) IN GENERAL.—Subparagraph (D) of section 

13 62(a)(2) is amended by striking ‘‘or 2009’’ and inserting 

14 ‘‘2009, 2010, or 2011’’. 

15 (b) EFFECTIVE DATE.—The amendment made by this 

16 section shall apply to taxable years beginning after Decem17 ber 31, 2009. 

18 SEC. 722. DEDUCTION OF STATE AND LOCAL SALES TAXES. 

19 (a) IN GENERAL.—Subparagraph (I) of section 

20 164(b)(5) is amended by striking ‘‘January 1, 2010’’ and 

21 inserting ‘‘January 1, 2012’’. 

22 (b) EFFECTIVE DATE.—The amendment made by this 

23 section shall apply to taxable years beginning after Decem24 ber 31, 2009. 
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1 SEC. 723. CONTRIBUTIONS OF CAPITAL GAIN REAL PROP2 ERTY MADE FOR CONSERVATION PURPOSES. 

3 (a) IN GENERAL.—Clause (vi) of section 170(b)(1)(E) 

4 is amended by striking ‘‘December 31, 2009’’ and inserting 

5 ‘‘December 31, 2011’’. 

6 (b) CONTRIBUTIONS BY CERTAIN CORPORATE FARM7 ERS AND RANCHERS.—Clause (iii) of section 170(b)(2)(B) 

8 is amended by striking ‘‘December 31, 2009’’ and inserting 

9 ‘‘December 31, 2011’’. 

10 (c) EFFECTIVE DATE.—The amendments made by this 

11 section shall apply to contributions made in taxable years 

12 beginning after December 31, 2009. 

13 SEC. 724. ABOVE-THE-LINE DEDUCTION FOR QUALIFIED 

14 TUITION AND RELATED EXPENSES. 

15 (a) IN GENERAL.—Subsection (e) of section 222 is 

16 amended by striking ‘‘December 31, 2009’’ and inserting 

17 ‘‘December 31, 2011’’. 

18 (b) EFFECTIVE DATE.—The amendment made by this 

19 section shall apply to taxable years beginning after Decem20 ber 31, 2009. 

21 SEC. 725. TAX-FREE DISTRIBUTIONS FROM INDIVIDUAL RE22 TIREMENT PLANS FOR CHARITABLE PUR23 POSES. 

24 (a) IN GENERAL.—Subparagraph (F) of section 

25 408(d)(8) is amended by striking ‘‘December 31, 2009’’ and 

26 inserting ‘‘December 31, 2011’’. 
52 

† HR 4853 EAS2 

1 (b) EFFECTIVE DATE; SPECIAL RULE.— 

2 (1) EFFECTIVE DATE.—The amendment made by 

3 this section shall apply to distributions made in tax4 able years beginning after December 31, 2009. 

5 (2) SPECIAL RULE.—For purposes of subsections 

6 (a)(6), (b)(3), and (d)(8) of section 408 of the Inter7 nal Revenue Code of 1986, at the election of the tax8 payer (at such time and in such manner as pre9 scribed by the Secretary of the Treasury) any quali10 fied charitable distribution made after December 31, 

11 2010, and before February 1, 2011, shall be deemed 

12 to have been made on December 31, 2010. 

13 SEC. 726. LOOK-THRU OF CERTAIN REGULATED INVEST14 MENT COMPANY STOCK IN DETERMINING 

15 GROSS ESTATE OF NONRESIDENTS. 

16 (a) IN GENERAL.—Paragraph (3) of section 2105(d) 

17 is amended by striking ‘‘December 31, 2009’’ and inserting 

18 ‘‘December 31, 2011’’. 

19 (b) EFFECTIVE DATE.—The amendment made by this 

20 section shall apply to estates of decedents dying after De21 cember 31, 2009. 
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1 SEC. 727. PARITY FOR EXCLUSION FROM INCOME FOR EM2 PLOYER-PROVIDED MASS TRANSIT AND PARK3 ING BENEFITS. 

4 (a) IN GENERAL.—Paragraph (2) of section 132(f) is 

5 amended by striking ‘‘January 1, 2011’’ and inserting 

6 ‘‘January 1, 2012’’. 

7 (b) EFFECTIVE DATE.—The amendment made by this 

8 section shall apply to months after December 31, 2010. 

9 SEC. 728. REFUNDS DISREGARDED IN THE ADMINISTRA10 TION OF FEDERAL PROGRAMS AND FEDER11 ALLY ASSISTED PROGRAMS. 

12 (a) IN GENERAL.—Subchapter A of chapter 65 is 

13 amended by adding at the end the following new section: 

14 ‘‘SEC. 6409. REFUNDS DISREGARDED IN THE ADMINISTRA15 TION OF FEDERAL PROGRAMS AND FEDER16 ALLY ASSISTED PROGRAMS. 

17 ‘‘(a) IN GENERAL.—Notwithstanding any other provi18 sion of law, any refund (or advance payment with respect 

19 to a refundable credit) made to any individual under this 

20 title shall not be taken into account as income, and shall 

21 not be taken into account as resources for a period of 12 

22 months from receipt, for purposes of determining the eligi23 bility of such individual (or any other individual) for bene24 fits or assistance (or the amount or extent of benefits or 

25 assistance) under any Federal program or under any State 
54 

† HR 4853 EAS2 

1 or local program financed in whole or in part with Federal 

2 funds. 

3 ‘‘(b) TERMINATION.—Subsection (a) shall not apply to 

4 any amount received after December 31, 2012.’’. 

5 (b) CLERICAL AMENDMENT.—The table of sections for 

6 such subchapter is amended by adding at the end the fol7 lowing new item: 

‘‘Sec. 6409. Refunds disregarded in the administration of Federal programs and 

federally assisted programs.’’. 

8 (c) EFFECTIVE DATE.—The amendments made by this 

9 section shall apply to amounts received after December 31, 

10 2009. 

11 Subtitle C—Business Tax Relief 

12 SEC. 731. RESEARCH CREDIT. 

13 (a) IN GENERAL.—Subparagraph (B) of section 

14 41(h)(1) is amended by striking ‘‘December 31, 2009’’ and 

15 inserting ‘‘December 31, 2011’’. 

16 (b) CONFORMING AMENDMENT.—Subparagraph (D) of 

17 section 45C(b)(1) is amended by striking ‘‘December 31, 

18 2009’’ and inserting ‘‘December 31, 2011’’. 

19 (c) EFFECTIVE DATE.—The amendments made by this 

20 section shall apply to amounts paid or incurred after De21 cember 31, 2009. 
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1 SEC. 732. INDIAN EMPLOYMENT TAX CREDIT. 

2 (a) IN GENERAL.—Subsection (f) of section 45A is 

3 amended by striking ‘‘December 31, 2009’’ and inserting 

4 ‘‘December 31, 2011’’. 

5 (b) EFFECTIVE DATE.—The amendment made by this 

6 section shall apply to taxable years beginning after Decem7 ber 31, 2009. 

8 SEC. 733. NEW MARKETS TAX CREDIT. 

9 (a) IN GENERAL.—Paragraph (1) of section 45D(f) is 

10 amended— 

11 (1) by striking ‘‘and’’ at the end of subpara12 graph (E), 

13 (2) by striking the period at the end of subpara14 graph (F), and 

15 (3) by adding at the end the following new sub16 paragraph: 

17 ‘‘(G) $3,500,000,000 for 2010 and 2011.’’. 

18 (b) CONFORMING AMENDMENT.—Paragraph (3) of sec19 tion 45D(f) is amended by striking ‘‘2014’’ and inserting 

20 ‘‘2016’’. 

21 (c) EFFECTIVE DATE.—The amendments made by this 

22 section shall apply to calendar years beginning after 2009. 

23 SEC. 734. RAILROAD TRACK MAINTENANCE CREDIT. 

24 (a) IN GENERAL.—Subsection (f) of section 45G is 

25 amended by striking ‘‘January 1, 2010’’ and inserting 

26 ‘‘January 1, 2012’’. 
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† HR 4853 EAS2 

1 (b) EFFECTIVE DATE.—The amendment made by this 

2 section shall apply to expenditures paid or incurred in tax3 able years beginning after December 31, 2009. 

4 SEC. 735. MINE RESCUE TEAM TRAINING CREDIT. 

5 (a) IN GENERAL.—Subsection (e) of section 45N is 

6 amended by striking ‘‘December 31, 2009’’ and inserting 

7 ‘‘December 31, 2011’’. 

8 (b) EFFECTIVE DATE.—The amendment made by this 

9 section shall apply to taxable years beginning after Decem10 ber 31, 2009. 

11 SEC. 736. EMPLOYER WAGE CREDIT FOR EMPLOYEES WHO 

12 ARE ACTIVE DUTY MEMBERS OF THE UNI13 FORMED SERVICES. 

14 (a) IN GENERAL.—Subsection (f) of section 45P is 

15 amended by striking ‘‘December 31, 2009’’ and inserting 

16 ‘‘December 31, 2011’’. 

17 (b) EFFECTIVE DATE.—The amendment made by this 

18 section shall apply to payments made after December 31, 

19 2009. 
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1 SEC. 737. 15-YEAR STRAIGHT-LINE COST RECOVERY FOR 

2 QUALIFIED LEASEHOLD IMPROVEMENTS, 

3 QUALIFIED RESTAURANT BUILDINGS AND IM4 PROVEMENTS, AND QUALIFIED RETAIL IM5 PROVEMENTS. 

6 (a) IN GENERAL.—Clauses (iv), (v), and (ix) of section 

7 168(e)(3)(E) are each amended by striking ‘‘January 1, 

8 2010’’ and inserting ‘‘January 1, 2012’’. 

9 (b) CONFORMING AMENDMENTS.— 

10 (1) Clause (i) of section 168(e)(7)(A) is amended 

11 by striking ‘‘if such building is placed in service after 

12 December 31, 2008, and before January 1, 2010,’’. 

13 (2) Paragraph (8) of section 168(e) is amended 

14 by striking subparagraph (E). 

15 (3) Section 179(f)(2) is amended— 

16 (A) by striking ‘‘(without regard to the 

17 dates specified in subparagraph (A)(i) thereof)’’ 

18 in subparagraph (B), and 

19 (B) by striking ‘‘(without regard to sub20 paragraph (E) thereof)’’ in subparagraph (C). 

21 (c) EFFECTIVE DATE.—The amendments made by this 

22 section shall apply to property placed in service after De23 cember 31, 2009. 
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1 SEC. 738. 7-YEAR RECOVERY PERIOD FOR MOTORSPORTS 

2 ENTERTAINMENT COMPLEXES. 

3 (a) IN GENERAL.—Subparagraph (D) of section 

4 168(i)(15) is amended by striking ‘‘December 31, 2009’’ and 

5 inserting ‘‘December 31, 2011’’. 

6 (b) EFFECTIVE DATE.—The amendment made by this 

7 section shall apply to property placed in service after De8 cember 31, 2009. 

9 SEC. 739. ACCELERATED DEPRECIATION FOR BUSINESS 

10 PROPERTY ON AN INDIAN RESERVATION. 

11 (a) IN GENERAL.—Paragraph (8) of section 168(j) is 

12 amended by striking ‘‘December 31, 2009’’ and inserting 

13 ‘‘December 31, 2011’’. 

14 (b) EFFECTIVE DATE.—The amendment made by this 

15 section shall apply to property placed in service after De16 cember 31, 2009. 

17 SEC. 740. ENHANCED CHARITABLE DEDUCTION FOR CON18 TRIBUTIONS OF FOOD INVENTORY. 

19 (a) IN GENERAL.—Clause (iv) of section 170(e)(3)(C) 

20 is amended by striking ‘‘December 31, 2009’’ and inserting 

21 ‘‘December 31, 2011’’. 

22 (b) EFFECTIVE DATE.—The amendment made by this 

23 section shall apply to contributions made after December 

24 31, 2009. 
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1 SEC. 741. ENHANCED CHARITABLE DEDUCTION FOR CON2 TRIBUTIONS OF BOOK INVENTORIES TO PUB3 LIC SCHOOLS. 

4 (a) IN GENERAL.—Clause (iv) of section 170(e)(3)(D) 

5 is amended by striking ‘‘December 31, 2009’’ and inserting 

6 ‘‘December 31, 2011’’. 

7 (b) EFFECTIVE DATE.—The amendment made by this 

8 section shall apply to contributions made after December 

9 31, 2009. 

10 SEC. 742. ENHANCED CHARITABLE DEDUCTION FOR COR11 PORATE CONTRIBUTIONS OF COMPUTER IN12 VENTORY FOR EDUCATIONAL PURPOSES. 

13 (a) IN GENERAL.—Subparagraph (G) of section 

14 170(e)(6) is amended by striking ‘‘December 31, 2009’’ and 

15 inserting ‘‘December 31, 2011’’. 

16 (b) EFFECTIVE DATE.—The amendment made by this 

17 section shall apply to contributions made in taxable years 

18 beginning after December 31, 2009. 

19 SEC. 743. ELECTION TO EXPENSE MINE SAFETY EQUIP20 MENT. 

21 (a) IN GENERAL.—Subsection (g) of section 179E is 

22 amended by striking ‘‘December 31, 2009’’ and inserting 

23 ‘‘December 31, 2011’’. 

24 (b) EFFECTIVE DATE.—The amendment made by this 

25 section shall apply to property placed in service after De26 cember 31, 2009. 
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1 SEC. 744. SPECIAL EXPENSING RULES FOR CERTAIN FILM 

2 AND TELEVISION PRODUCTIONS. 

3 (a) IN GENERAL.—Subsection (f) of section 181 is 

4 amended by striking ‘‘December 31, 2009’’ and inserting 

5 ‘‘December 31, 2011’’. 

6 (b) EFFECTIVE DATE.—The amendment made by this 

7 section shall apply to productions commencing after Decem8 ber 31, 2009. 

9 SEC. 745. EXPENSING OF ENVIRONMENTAL REMEDIATION 

10 COSTS. 

11 (a) IN GENERAL.—Subsection (h) of section 198 is 

12 amended by striking ‘‘December 31, 2009’’ and inserting 

13 ‘‘December 31, 2011’’. 

14 (b) EFFECTIVE DATE.—The amendment made by this 

15 section shall apply to expenditures paid or incurred after 

16 December 31, 2009. 

17 SEC. 746. DEDUCTION ALLOWABLE WITH RESPECT TO IN18 COME ATTRIBUTABLE TO DOMESTIC PRODUC19 TION ACTIVITIES IN PUERTO RICO. 

20 (a) IN GENERAL.—Subparagraph (C) of section 

21 199(d)(8) is amended— 

22 (1) by striking ‘‘first 4 taxable years’’ and in23 serting ‘‘first 6 taxable years’’; and 

24 (2) by striking ‘‘January 1, 2010’’ and inserting 

25 ‘‘January 1, 2012’’. 
61 

† HR 4853 EAS2 

1 (b) EFFECTIVE DATE.—The amendments made by this 

2 section shall apply to taxable years beginning after Decem3 ber 31, 2009. 

4 SEC. 747. MODIFICATION OF TAX TREATMENT OF CERTAIN 

5 PAYMENTS TO CONTROLLING EXEMPT ORGA6 NIZATIONS. 

7 (a) IN GENERAL.—Clause (iv) of section 512(b)(13)(E) 

8 is amended by striking ‘‘December 31, 2009’’ and inserting 

9 ‘‘December 31, 2011’’. 

10 (b) EFFECTIVE DATE.—The amendment made by this 

11 section shall apply to payments received or accrued after 

12 December 31, 2009. 

13 SEC. 748. TREATMENT OF CERTAIN DIVIDENDS OF REGU14 LATED INVESTMENT COMPANIES. 

15 (a) IN GENERAL.—Paragraphs (1)(C) and (2)(C) of 

16 section 871(k) are each amended by striking ‘‘December 31, 

17 2009’’ and inserting ‘‘December 31, 2011’’. 

18 (b) EFFECTIVE DATE.—The amendments made by this 

19 section shall apply to taxable years beginning after Decem20 ber 31, 2009. 

21 SEC. 749. RIC QUALIFIED INVESTMENT ENTITY TREATMENT 

22 UNDER FIRPTA. 

23 (a) IN GENERAL.—Clause (ii) of section 897(h)(4)(A) 

24 is amended by striking ‘‘December 31, 2009’’ and inserting 

25 ‘‘December 31, 2011’’. 
62 

† HR 4853 EAS2 

1 (b) EFFECTIVE DATE.— 

2 (1) IN GENERAL.—The amendment made by sub3 section (a) shall take effect on January 1, 2010. Not4 withstanding the preceding sentence, such amendment 

5 shall not apply with respect to the withholding re6 quirement under section 1445 of the Internal Revenue 

7 Code of 1986 for any payment made before the date 

8 of the enactment of this Act. 

9 (2) AMOUNTS WITHHELD ON OR BEFORE DATE

10 OF ENACTMENT.—In the case of a regulated invest11 ment company— 

12 (A) which makes a distribution after De13 cember 31, 2009, and before the date of the enact14 ment of this Act; and 

15 (B) which would (but for the second sen16 tence of paragraph (1)) have been required to 

17 withhold with respect to such distribution under 

18 section 1445 of such Code, 

19 such investment company shall not be liable to any 

20 person to whom such distribution was made for any 

21 amount so withheld and paid over to the Secretary of 

22 the Treasury. 
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1 SEC. 750. EXCEPTIONS FOR ACTIVE FINANCING INCOME. 

2 (a) IN GENERAL.—Sections 953(e)(10) and 954(h)(9) 

3 are each amended by striking ‘‘January 1, 2010’’ and in4 serting ‘‘January 1, 2012’’. 

5 (b) CONFORMING AMENDMENT.—Section 953(e)(10) is 

6 amended by striking ‘‘December 31, 2009’’ and inserting 

7 ‘‘December 31, 2011’’. 

8 (c) EFFECTIVE DATE.—The amendments made by this 

9 section shall apply to taxable years of foreign corporations 

10 beginning after December 31, 2009, and to taxable years 

11 of United States shareholders with or within which any 

12 such taxable year of such foreign corporation ends. 

13 SEC. 751. LOOK-THRU TREATMENT OF PAYMENTS BETWEEN 

14 RELATED CONTROLLED FOREIGN CORPORA15 TIONS UNDER FOREIGN PERSONAL HOLDING 

16 COMPANY RULES. 

17 (a) IN GENERAL.—Subparagraph (C) of section 

18 954(c)(6) is amended by striking ‘‘January 1, 2010’’ and 

19 inserting ‘‘January 1, 2012’’. 

20 (b) EFFECTIVE DATE.—The amendment made by this 

21 section shall apply to taxable years of foreign corporations 

22 beginning after December 31, 2009, and to taxable years 

23 of United States shareholders with or within which any 

24 such taxable year of such foreign corporation ends. 
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1 SEC. 752. BASIS ADJUSTMENT TO STOCK OF S CORPS MAK2 ING CHARITABLE CONTRIBUTIONS OF PROP3 ERTY. 

4 (a) IN GENERAL.—Paragraph (2) of section 1367(a) 

5 is amended by striking ‘‘December 31, 2009’’ and inserting 

6 ‘‘December 31, 2011’’. 

7 (b) EFFECTIVE DATE.—The amendment made by this 

8 section shall apply to contributions made in taxable years 

9 beginning after December 31, 2009. 

10 SEC. 753. EMPOWERMENT ZONE TAX INCENTIVES. 

11 (a) IN GENERAL.—Section 1391 is amended— 

12 (1) by striking ‘‘December 31, 2009’’ in sub13 section (d)(1)(A)(i) and inserting ‘‘December 31, 

14 2011’’; and 

15 (2) by striking the last sentence of subsection 

16 (h)(2). 

17 (b) INCREASED EXCLUSION OF GAIN ON STOCK OF EM18 POWERMENT ZONE BUSINESSES.—Subparagraph (C) of 

19 section 1202(a)(2) is amended— 

20 (1) by striking ‘‘December 31, 2014’’ and insert21 ing ‘‘December 31, 2016’’; and 

22 (2) by striking ‘‘2014’’ in the heading and insert23 ing ‘‘2016’’. 

24 (c) TREATMENT OF CERTAIN TERMINATION DATES

25 SPECIFIED IN NOMINATIONS.—In the case of a designation 

26 of an empowerment zone the nomination for which included 
65 

† HR 4853 EAS2 

1 a termination date which is contemporaneous with the date 

2 specified in subparagraph (A)(i) of section 1391(d)(1) of 

3 the Internal Revenue Code of 1986 (as in effect before the 

4 enactment of this Act), subparagraph (B) of such section 

5 shall not apply with respect to such designation if, after 

6 the date of the enactment of this section, the entity which 

7 made such nomination amends the nomination to provide 

8 for a new termination date in such manner as the Secretary 

9 of the Treasury (or the Secretary’s designee) may provide. 

10 (d) EFFECTIVE DATE.—The amendments made by this 

11 section shall apply to periods after December 31, 2009. 

12 SEC. 754. TAX INCENTIVES FOR INVESTMENT IN THE DIS13 TRICT OF COLUMBIA. 

14 (a) IN GENERAL.—Subsection (f) of section 1400 is 

15 amended by striking ‘‘December 31, 2009’’ each place it ap16 pears and inserting ‘‘December 31, 2011’’. 

17 (b) TAX-EXEMPT DC EMPOWERMENT ZONE BONDS.— 

18 Subsection (b) of section 1400A is amended by striking ‘‘De19 cember 31, 2009’’ and inserting ‘‘December 31, 2011’’. 

20 (c) ZERO-PERCENT CAPITAL GAINS RATE.— 

21 (1) ACQUISITION DATE.—Paragraphs (2)(A)(i), 

22 (3)(A), (4)(A)(i), and (4)(B)(i)(I) of section 1400B(b) 

23 are each amended by striking ‘‘January 1, 2010’’ and 

24 inserting ‘‘January 1, 2012’’. 

25 (2) LIMITATION ON PERIOD OF GAINS.— 
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1 (A) IN GENERAL.—Paragraph (2) of section 

2 1400B(e) is amended— 

3 (i) by striking ‘‘December 31, 2014’’ 

4 and inserting ‘‘December 31, 2016’’; and 

5 (ii) by striking ‘‘2014’’ in the heading 

6 and inserting ‘‘2016’’. 

7 (B) PARTNERSHIPS AND S-CORPS.—Para8 graph (2) of section 1400B(g) is amended by 

9 striking ‘‘December 31, 2014’’ and inserting ‘‘De10 cember 31, 2016’’. 

11 (d) FIRST-TIME HOMEBUYER CREDIT.—Subsection (i) 

12 of section 1400C is amended by striking ‘‘January 1, 2010’’ 

13 and inserting ‘‘January 1, 2012’’. 

14 (e) EFFECTIVE DATES.— 

15 (1) IN GENERAL.—Except as otherwise provided 

16 in this subsection, the amendments made by this sec17 tion shall apply to periods after December 31, 2009. 

18 (2) TAX-EXEMPT DC EMPOWERMENT ZONE

19 BONDS.—The amendment made by subsection (b) 

20 shall apply to bonds issued after December 31, 2009. 

21 (3) ACQUISITION DATES FOR ZERO-PERCENT

22 CAPITAL GAINS RATE.—The amendments made by 

23 subsection (c) shall apply to property acquired or sub24 stantially improved after December 31, 2009. 
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1 (4) HOMEBUYER CREDIT.—The amendment 

2 made by subsection (d) shall apply to homes pur3 chased after December 31, 2009. 

4 SEC. 755. TEMPORARY INCREASE IN LIMIT ON COVER OVER 

5 OF RUM EXCISE TAXES TO PUERTO RICO AND 

6 THE VIRGIN ISLANDS. 

7 (a) IN GENERAL.—Paragraph (1) of section 7652(f) is 

8 amended by striking ‘‘January 1, 2010’’ and inserting 

9 ‘‘January 1, 2012’’. 

10 (b) EFFECTIVE DATE.—The amendment made by this 

11 section shall apply to distilled spirits brought into the 

12 United States after December 31, 2009. 

13 SEC. 756. AMERICAN SAMOA ECONOMIC DEVELOPMENT 

14 CREDIT. 

15 (a) IN GENERAL.—Subsection (d) of section 119 of di16 vision A of the Tax Relief and Health Care Act of 2006 

17 is amended— 

18 (1) by striking ‘‘first 4 taxable years’’ and in19 serting ‘‘first 6 taxable years’’, and 

20 (2) by striking ‘‘January 1, 2010’’ and inserting 

21 ‘‘January 1, 2012’’. 

22 (b) EFFECTIVE DATE.—The amendments made by this 

23 section shall apply to taxable years beginning after Decem24 ber 31, 2009. 
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1 SEC. 757. WORK OPPORTUNITY CREDIT. 

2 (a) IN GENERAL.—Subparagraph (B) of section 

3 51(c)(4) is amended by striking ‘‘August 31, 2011’’ and in4 serting ‘‘December 31, 2011’’. 

5 (b) EFFECTIVE DATE.—The amendment made by this 

6 section shall apply to individuals who begin work for the 

7 employer after the date of the enactment of this Act. 

8 SEC. 758. QUALIFIED ZONE ACADEMY BONDS. 

9 (a) IN GENERAL.—Section 54E(c)(1) is amended— 

10 (1) by striking ‘‘2008 and’’ and inserting 

11 ‘‘2008,’’, and 

12 (2) by inserting ‘‘and $400,000,000 for 2011’’ 

13 after ‘‘2010,’’. 

14 (b) REPEAL OF REFUNDABLE CREDIT FOR QZABS.— 

15 Paragraph (3) of section 6431(f) is amended by inserting 

16 ‘‘determined without regard to any allocation relating to 

17 the national zone academy bond limitation for 2011 or any 

18 carryforward of such allocation’’ after ‘‘54E)’’ in subpara19 graph (A)(iii). 

20 (c) EFFECTIVE DATE.—The amendments made by this 

21 section shall apply to obligations issued after December 31, 

22 2010. 

23 SEC. 759. MORTGAGE INSURANCE PREMIUMS. 

24 (a) IN GENERAL.—Clause (iv) of section 163(h)(3)(E) 

25 is amended by striking ‘‘December 31, 2010’’ and inserting 

26 ‘‘December 31, 2011’’. 
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1 (b) EFFECTIVE DATE.—The amendment made by this 

2 section shall apply to amounts paid or accrued after Decem3 ber 31, 2010. 

4 SEC. 760. TEMPORARY EXCLUSION OF 100 PERCENT OF 

5 GAIN ON CERTAIN SMALL BUSINESS STOCK. 

6 (a) IN GENERAL.—Paragraph (4) of section 1202(a) 

7 is amended— 

8 (1) by striking ‘‘January 1, 2011’’ and inserting 

9 ‘‘January 1, 2012’’, and 

10 (2) by inserting ‘‘AND 2011’’ after ‘‘2010’’ in the 

11 heading thereof. 

12 (b) EFFECTIVE DATE.—The amendments made by this 

13 section shall apply to stock acquired after December 31, 

14 2010. 

15 Subtitle D—Temporary Disaster 

16 Relief Provisions 

17 PART 

18 Subpart A—New York Liberty Zone 

19 SEC. 761. TAX-EXEMPT BOND FINANCING. 

20 (a) IN GENERAL.—Subparagraph (D) of section 

21 1400L(d)(2) is amended by striking ‘‘January 1, 2010’’ and 

22 inserting ‘‘January 1, 2012’’. 

23 (b) EFFECTIVE DATE.—The amendment made by this 

24 section shall apply to bonds issued after December 31, 2009. 
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1 Subpart B—GO Zone 

2 SEC. 762. INCREASE IN REHABILITATION CREDIT. 

3 (a) IN GENERAL.—Subsection (h) of section 1400N is 

4 amended by striking ‘‘December 31, 2009’’ and inserting 

5 ‘‘December 31, 2011’’. 

6 (b) EFFECTIVE DATE.—The amendment made by this 

7 section shall apply to amounts paid or incurred after De8 cember 31, 2009. 

9 SEC. 763. LOW-INCOME HOUSING CREDIT RULES FOR 

10 BUILDINGS IN GO ZONES. 

11 Section 1400N(c)(5) is amended by striking ‘‘January 

12 1, 2011’’ and inserting ‘‘January 1, 2012’’. 

13 SEC. 764. TAX-EXEMPT BOND FINANCING. 

14 (a) IN GENERAL.—Paragraphs (2)(D) and (7)(C) of 

15 section 1400N(a) are each amended by striking ‘‘January 

16 1, 2011’’ and inserting ‘‘January 1, 2012’’. 

17 (b) CONFORMING AMENDMENTS.—Sections 702(d)(1) 

18 and 704(a) of the Heartland Disaster Tax Relief Act of 

19 2008 are each amended by striking ‘‘January 1, 2011’’ each 

20 place it appears and inserting ‘‘January 1, 2012’’. 

21 SEC. 765. BONUS DEPRECIATION DEDUCTION APPLICABLE 

22 TO THE GO ZONE. 

23 (a) IN GENERAL.—Paragraph (6) of section 1400N(d) 

24 is amended— 
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1 (1) by striking ‘‘December 31, 2010’’ both places 

2 it appears in subparagraph (B) and inserting ‘‘De3 cember 31, 2011’’, and 

4 (2) by striking ‘‘January 1, 2010’’ in the head5 ing and the text of subparagraph (D) and inserting 

6 ‘‘January 1, 2012’’. 

7 (b) EFFECTIVE DATE.—The amendment made by this 

8 section shall apply to property placed in service after De9 cember 31, 2009. 

10 TITLE VIII—BUDGETARY 

11 PROVISIONS 

12 SEC. 801. DETERMINATION OF BUDGETARY EFFECTS. 

13 The budgetary effects of this Act, for the purpose of 

14 complying with the Statutory Pay-As-You-Go Act of 2010, 

15 shall be determined by reference to the latest statement titled 

16 ‘‘Budgetary Effects of PAYGO Legislation’’ for this Act, 

17 jointly submitted for printing in the Congressional Record 

18 by the Chairmen of the House and Senate Budget Commit19 tees, provided that such statement has been submitted prior 

20 to the vote on passage in the House acting first on this con21 ference report or amendment between the Houses. 

22 SEC. 802. EMERGENCY DESIGNATIONS. 

23 (a) STATUTORY PAYGO.—This Act is designated as an 

24 emergency requirement pursuant to section 4(g) of the Stat25 utory Pay-As-You-Go Act of 2010 (Public Law 111–139; 
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1 2 U.S.C. 933(g)) except to the extent that the budgetary ef2 fects of this Act are determined to be subject to the current 

3 policy adjustments under sections 4(c) and 7 of the Statu4 tory Pay-As-You-Go Act. 

5 (b) SENATE.—In the Senate, this Act is designated as 

6 an emergency requirement pursuant to section 403(a) of S. 

7 Con. Res. 13 (111th Congress), the concurrent resolution on 

8 the budget for fiscal year 2010. 

9 (c) HOUSE OF REPRESENTATIVES.—In the House of 

10 Representatives, every provision of this Act is expressly des11 ignated as an emergency for purposes of pay-as-you-go 

12 principles except to the extent that any such provision is 

13 subject to the current policy adjustments under section 4(c) 

14 of the Statutory Pay-As-You-Go Act of 2010. 

Attest: 

Secretary. 

111TH CONGRESS 

2D SESSION H.R. 4853 

HOUSE AMENDMENT TO 

SENATE AMENDMENT TO 

SENATE AMENDMENT