In the Senate of the United States, 

November 4, 2009. 

Resolved, That the bill from the House of Representatives (H.R. 3548) entitled ‘‘An Act to amend the Supplemental Appropriations Act, 2008 to provide for the temporary availability of certain additional emergency unemployment compensation, and for other purposes.’’, do pass with 

the following 

AMENDMENT: 

Strike all after the enacting clause and insert the 

following: 

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Worker, Homeowner3 ship, and Business Assistance Act of 2009’’. 

4 SEC. 2. REVISIONS TO SECOND-TIER BENEFITS. 

5 (a) IN GENERAL.—Section 4002(c) of the Supple6 mental Appropriations Act, 2008 (Public Law 110–252; 26 

7 U.S.C. 3304 note) is amended— 

8 (1) in paragraph (1)— 
2 

† HR 3548 EAS 

1 (A) in the matter preceding subparagraph 

2 (A), by striking ‘‘If’’ and all that follows through 

3 ‘‘paragraph (2))’’ and inserting ‘‘At the time 

4 that the amount established in an individual’s 

5 account under subsection (b)(1) is exhausted’’; 

6 (B) in subparagraph (A), by striking ‘‘50 

7 percent’’ and inserting ‘‘54 percent’’; and 

8 (C) in subparagraph (B), by striking ‘‘13’’ 

9 and inserting ‘‘14’’; 

10 (2) by striking paragraph (2); and 

11 (3) by redesignating paragraph (3) as para12 graph (2). 

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

14 section shall apply as if included in the enactment of the 

15 Supplemental Appropriations Act, 2008, except that no 

16 amount shall be payable by virtue of such amendments with 

17 respect to any week of unemployment commencing before 

18 the date of the enactment of this Act. 

19 SEC. 3. THIRD-TIER EMERGENCY UNEMPLOYMENT COM20 PENSATION. 

21 (a) IN GENERAL.—Section 4002 of the Supplemental 

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

23 3304 note) is amended by adding at the end the following 

24 new subsection: 
3 

† HR 3548 EAS 

1 ‘‘(d) THIRD-TIER EMERGENCY UNEMPLOYMENT COM2 PENSATION.— 

3 ‘‘(1) IN GENERAL.—If, at the time that the 

4 amount added to an individual’s account under sub5 section (c)(1) (hereinafter ‘second-tier emergency un6 employment compensation’) is exhausted or at any 

7 time thereafter, such individual’s State is in an ex8 tended benefit period (as determined under paragraph 

9 (2)), such account shall be further augmented by an 

10 amount (hereinafter ‘third-tier emergency unemploy11 ment compensation’) equal to the lesser of— 

12 ‘‘(A) 50 percent of the total amount of reg13 ular compensation (including dependents’ allow14 ances) payable to the individual during the indi15 vidual’s benefit year under the State law; or 

16 ‘‘(B) 13 times the individual’s average 

17 weekly benefit amount (as determined under sub18 section (b)(2)) for the benefit year. 

19 ‘‘(2) EXTENDED BENEFIT PERIOD.—For pur20 poses of paragraph (1), a State shall be considered to 

21 be in an extended benefit period, as of any given 

22 time, if— 

23 ‘‘(A) such a period would then be in effect 

24 for such State under such Act if section 203(d) 

25 of such Act— 
4 

† HR 3548 EAS 

1 ‘‘(i) were applied by substituting ‘4’ 

2 for ‘5’ each place it appears; and 

3 ‘‘(ii) did not include the requirement 

4 under paragraph (1)(A) thereof; or 

5 ‘‘(B) such a period would then be in effect 

6 for such State under such Act if— 

7 ‘‘(i) section 203(f) of such Act were ap8 plied to such State (regardless of whether 

9 the State by law had provided for such ap10 plication); and 

11 ‘‘(ii) such section 203(f)— 

12 ‘‘(I) were applied by substituting 

13 ‘6.0’ for ‘6.5’ in paragraph (1)(A)(i) 

14 thereof; and 

15 ‘‘(II) did not include the require16 ment under paragraph (1)(A)(ii) there17 of. 

18 ‘‘(3) LIMITATION.—The account of an individual 

19 may be augmented not more than once under this 

20 subsection.’’. 

21 (b) CONFORMING AMENDMENT TO NON-AUGMENTATION

22 RULE.—Section 4007(b)(2) of the Supplemental Appro23 priations Act, 2008 (Public Law 110–252; 26 U.S.C. 3304 

24 note) is amended— 
5 

† HR 3548 EAS 

1 (1) by striking ‘‘then section 4002(c)’’ and in2 serting ‘‘then subsections (c) and (d) of section 4002’’; 

3 and 

4 (2) by striking ‘‘paragraph (2) of such section)’’ 

5 and inserting ‘‘paragraph (2) of such subsection (c) 

6 or (d) (as the case may be))’’. 

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

8 section shall apply as if included in the enactment of the 

9 Supplemental Appropriations Act, 2008, except that no 

10 amount shall be payable by virtue of such amendments with 

11 respect to any week of unemployment commencing before 

12 the date of the enactment of this Act. 

13 SEC. 4. FOURTH-TIER EMERGENCY UNEMPLOYMENT COM14 PENSATION. 

15 (a) IN GENERAL.—Section 4002 of the Supplemental 

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

17 3304 note), as amended by section 3(a), is amended by add18 ing at the end the following new subsection: 

19 ‘‘(e) FOURTH-TIER EMERGENCY UNEMPLOYMENT COM20 PENSATION.— 

21 ‘‘(1) IN GENERAL.—If, at the time that the 

22 amount added to an individual’s account under sub23 section (d)(1) (third-tier emergency unemployment 

24 compensation) is exhausted or at any time thereafter, 

25 such individual’s State is in an extended benefit pe-
6 

† HR 3548 EAS 

1 riod (as determined under paragraph (2)), such ac2 count shall be further augmented by an amount (here3 inafter ‘fourth-tier emergency unemployment com4 pensation’) equal to the lesser of— 

5 ‘‘(A) 24 percent of the total amount of reg6 ular compensation (including dependents’ allow7 ances) payable to the individual during the indi8 vidual’s benefit year under the State law; or 

9 ‘‘(B) 6 times the individual’s average week10 ly benefit amount (as determined under sub11 section (b)(2)) for the benefit year. 

12 ‘‘(2) EXTENDED BENEFIT PERIOD.—For pur13 poses of paragraph (1), a State shall be considered to 

14 be in an extended benefit period, as of any given 

15 time, if— 

16 ‘‘(A) such a period would then be in effect 

17 for such State under such Act if section 203(d) 

18 of such Act— 

19 ‘‘(i) were applied by substituting ‘6’ 

20 for ‘5’ each place it appears; and 

21 ‘‘(ii) did not include the requirement 

22 under paragraph (1)(A) thereof; or 

23 ‘‘(B) such a period would then be in effect 

24 for such State under such Act if— 
7 

† HR 3548 EAS 

1 ‘‘(i) section 203(f) of such Act were ap2 plied to such State (regardless of whether 

3 the State by law had provided for such ap4 plication); and 

5 ‘‘(ii) such section 203(f)— 

6 ‘‘(I) were applied by substituting 

7 ‘8.5’ for ‘6.5’ in paragraph (1)(A)(i) 

8 thereof; and 

9 ‘‘(II) did not include the require10 ment under paragraph (1)(A)(ii) there11 of. 

12 ‘‘(3) LIMITATION.—The account of an individual 

13 may be augmented not more than once under this 

14 subsection.’’. 

15 (b) CONFORMING AMENDMENT TO NON-AUGMENTATION

16 RULE.—Section 4007(b)(2) of the Supplemental Appro17 priations Act, 2008 (Public Law 110–252; 26 U.S.C. 3304 

18 note), as amended by section 3(b), is amended— 

19 (1) by striking ‘‘and (d)’’ and inserting ‘‘, (d), 

20 and (e) of section 4002’’; and 

21 (2) by striking ‘‘or (d)’’ and inserting ‘‘, (d), or 

22 (e) (as the case may be))’’. 

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

24 section shall apply as if included in the enactment of the 

25 Supplemental Appropriations Act, 2008, except that no 
8 

† HR 3548 EAS 

1 amount shall be payable by virtue of such amendments with 

2 respect to any week of unemployment commencing before 

3 the date of the enactment of this Act. 

4 SEC. 5. COORDINATION. 

5 Section 4002 of the Supplemental Appropriations Act, 

6 2008 (Public Law 110–252; 26 U.S.C. 3304 note), as 

7 amended by section 4, is amended by adding at the end 

8 the following new subsection: 

9 ‘‘(f) COORDINATION RULES.— 

10 ‘‘(1) COORDINATION WITH EXTENDED COMPENSA11 TION.—Notwithstanding an election under section 

12 4001(e) by a State to provide for the payment of 

13 emergency unemployment compensation prior to ex14 tended compensation, such State may pay extended 

15 compensation to an otherwise eligible individual 

16 prior to any emergency unemployment compensation 

17 under subsection (c), (d), or (e) (by reason of the 

18 amendments made by sections 2, 3, and 4 of the 

19 Worker, Homeownership, and Business Assistance Act 

20 of 2009), if such individual claimed extended com21 pensation for at least 1 week of unemployment after 

22 the exhaustion of emergency unemployment compensa23 tion under subsection (b) (as such subsection was in 

24 effect on the day before the date of the enactment of 

25 this subsection). 
9 

† HR 3548 EAS 

1 ‘‘(2) COORDINATION WITH TIERS II, III, AND

2 IV.—If a State determines that implementation of the 

3 increased entitlement to second-tier emergency unem4 ployment compensation by reason of the amendments 

5 made by section 2 of the Worker, Homeownership, 

6 and Business Assistance Act of 2009 would unduly 

7 delay the prompt payment of emergency unemploy8 ment compensation under this title by reason of the 

9 amendments made by such Act, such State may elect 

10 to pay third-tier emergency unemployment compensa11 tion prior to the payment of such increased second12 tier emergency unemployment compensation until 

13 such time as such State determines that such in14 creased second-tier emergency unemployment com15 pensation may be paid without such undue delay. If 

16 a State makes the election under the preceding sen17 tence, then, for purposes of determining whether an 

18 account may be augmented for fourth-tier emergency 

19 unemployment compensation under subsection (e), 

20 such State shall treat the date of exhaustion of such 

21 increased second-tier emergency unemployment com22 pensation as the date of exhaustion of third-tier emer23 gency unemployment compensation, if such date is 

24 later than the date of exhaustion of the third-tier 

25 emergency unemployment compensation.’’. 
10 

† HR 3548 EAS 

1 SEC. 6. TRANSFER OF FUNDS. 

2 Section 4004(e)(1) of the Supplemental Appropria3 tions Act, 2008 (Public Law 110–252; 26 U.S.C. 3304 note) 

4 is amended by striking ‘‘Act;’’ and inserting ‘‘Act and sec5 tions 2, 3, and 4 of the Worker, Homeownership, and Busi6 ness Assistance Act of 2009;’’. 

7 SEC. 7. EXPANSION OF MODERNIZATION GRANTS FOR UN8 EMPLOYMENT RESULTING FROM COMPEL9 LING FAMILY REASON. 

10 (a) IN GENERAL.—Clause (i) of section 903(f)(3)(B) 

11 of the Social Security Act (42 U.S.C. 1103(f)(3)(B)) is 

12 amended to read as follows: 

13 ‘‘(i) One or both of the following of14 fenses as selected by the State, but in mak15 ing such selection, the resulting change in 

16 the State law shall not supercede any other 

17 provision of law relating to unemployment 

18 insurance to the extent that such other pro19 vision provides broader access to unemploy20 ment benefits for victims of such selected of21 fense or offenses: 

22 ‘‘(I) Domestic violence, verified by 

23 such reasonable and confidential docu24 mentation as the State law may re25 quire, which causes the individual rea26 sonably to believe that such individ-
11 

† HR 3548 EAS 

1 ual’s continued employment would 

2 jeopardize the safety of the individual 

3 or of any member of the individual’s 

4 immediate family (as defined by the 

5 Secretary of Labor); and 

6 ‘‘(II) Sexual assault, verified by 

7 such reasonable and confidential docu8 mentation as the State law may re9 quire, which causes the individual rea10 sonably to believe that such individ11 ual’s continued employment would 

12 jeopardize the safety of the individual 

13 or of any member of the individual’s 

14 immediate family (as defined by the 

15 Secretary of Labor).’’. 

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

17 section shall apply with respect to State applications sub18 mitted on and after January 1, 2010. 

19 SEC. 8. TREATMENT OF ADDITIONAL REGULAR COMPENSA20 TION. 

21 The monthly equivalent of any additional compensa22 tion paid by reason of section 2002 of the Assistance for 

23 Unemployed Workers and Struggling Families Act, as con24 tained in Public Law 111–5 (26 U.S.C. 3304 note; 123 

25 Stat. 438) shall be disregarded after the date of the enact-
12 

† HR 3548 EAS 

1 ment of this Act in considering the amount of income and 

2 assets of an individual for purposes of determining such 

3 individual’s eligibility for, or amount of, benefits under the 

4 Supplemental Nutrition Assistance Program (SNAP). 

5 SEC. 9. ADDITIONAL EXTENDED UNEMPLOYMENT BENEFITS 

6 UNDER THE RAILROAD UNEMPLOYMENT IN7 SURANCE ACT. 

8 (a) BENEFITS.—Section 2(c)(2)(D) of the Railroad 

9 Unemployment Insurance Act, as added by section 2006 of 

10 the American Recovery and Reinvestment Act of 2009 (Pub11 lic Law 111–5), is amended— 

12 (1) in clause (iii)— 

13 (A) by striking ‘‘June 30, 2009’’ and insert14 ing ‘‘June 30, 2010’’; and 

15 (B) by striking ‘‘December 31, 2009’’ and 

16 inserting ‘‘December 31, 2010’’; and 

17 (2) by adding at the end of clause (iv) the fol18 lowing: ‘‘In addition to the amount appropriated by 

19 the preceding sentence, out of any funds in the Treas20 ury not otherwise appropriated, there are appro21 priated $175,000,000 to cover the cost of additional 

22 extended unemployment benefits provided under this 

23 subparagraph, to remain available until expended.’’. 

24 (b) ADMINISTRATIVE EXPENSES.—Section 2006 of di25 vision B of the American Recovery and Reinvestment Act 
13 

† HR 3548 EAS 

1 of 2009 (Public Law 111–5; 123 Stat. 445) is amended by 

2 adding at the end of subsection (b) the following: ‘‘In addi3 tion to funds appropriated by the preceding sentence, out 

4 of any funds in the Treasury not otherwise appropriated, 

5 there are appropriated to the Railroad Retirement Board 

6 $807,000 to cover the administrative expenses associated 

7 with the payment of additional extended unemployment 

8 benefits under section 2(c)(2)(D) of the Railroad Unemploy9 ment Insurance Act, to remain available until expended.’’. 

10 SEC. 10. 0.2 PERCENT FUTA SURTAX. 

11 (a) IN GENERAL.—Section 3301 of the Internal Rev12 enue Code of 1986 (relating to rate of tax) is amended— 

13 (1) by striking ‘‘through 2009’’ in paragraph (1) 

14 and inserting ‘‘through 2010 and the first 6 months 

15 of calendar year 2011’’, 

16 (2) by striking ‘‘calendar year 2010’’ in para17 graph (2) and inserting ‘‘the remainder of calendar 

18 year 2011’’, and 

19 (3) by inserting ‘‘(or portion of the calendar 

20 year)’’ after ‘‘during the calendar year’’. 

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

22 section shall apply to wages paid after December 31, 2009. 

23 SEC. 11. EXTENSION AND MODIFICATION OF FIRST-TIME 

24 HOMEBUYER TAX CREDIT. 

25 (a) EXTENSION OF APPLICATION PERIOD.— 
14 

† HR 3548 EAS 

1 (1) IN GENERAL.—Subsection (h) of section 36 of 

2 the Internal Revenue Code of 1986 is amended— 

3 (A) by striking ‘‘December 1, 2009’’ and in4 serting ‘‘May 1, 2010’’, 

5 (B) by striking ‘‘SECTION.—This section’’ 

6 and inserting ‘‘SECTION.— 

7 ‘‘(1) IN GENERAL.—This section’’, and 

8 (C) by adding at the end the following new 

9 paragraph: 

10 ‘‘(2) EXCEPTION IN CASE OF BINDING CON11 TRACT.—In the case of any taxpayer who enters into 

12 a written binding contract before May 1, 2010, to 

13 close on the purchase of a principal residence before 

14 July 1, 2010, paragraph (1) shall be applied by sub15 stituting ‘July 1, 2010’ for ‘May 1, 2010’.’’. 

16 (2) WAIVER OF RECAPTURE.— 

17 (A) IN GENERAL.—Subparagraph (D) of 

18 section 36(f)(4) of such Code is amended by 

19 striking ‘‘, and before December 1, 2009’’. 

20 (B) CONFORMING AMENDMENT.—The head21 ing of such subparagraph (D) is amended by in22 serting ‘‘AND 2010’’ after ‘‘2009’’. 

23 (3) ELECTION TO TREAT PURCHASE IN PRIOR

24 YEAR.—Subsection (g) of section 36 of such Code is 

25 amended to read as follows: 
15 

† HR 3548 EAS 

1 ‘‘(g) ELECTION TO TREAT PURCHASE IN PRIOR

2 YEAR.—In the case of a purchase of a principal residence 

3 after December 31, 2008, a taxpayer may elect to treat such 

4 purchase as made on December 31 of the calendar year pre5 ceding such purchase for purposes of this section (other than 

6 subsections (c), (f)(4)(D), and (h)).’’. 

7 (b) SPECIAL RULE FOR LONG-TIME RESIDENTS OF

8 SAME PRINCIPAL RESIDENCE.—Subsection (c) of section 36 

9 of the Internal Revenue Code of 1986 is amended by adding 

10 at the end the following new paragraph: 

11 ‘‘(6) EXCEPTION FOR LONG-TIME RESIDENTS OF

12 SAME PRINCIPAL RESIDENCE.—In the case of an indi13 vidual (and, if married, such individual’s spouse) 

14 who has owned and used the same residence as such 

15 individual’s principal residence for any 5-consecutive16 year period during the 8-year period ending on the 

17 date of the purchase of a subsequent principal resi18 dence, such individual shall be treated as a first-time 

19 homebuyer for purposes of this section with respect to 

20 the purchase of such subsequent residence.’’. 

21 (c) MODIFICATION OF DOLLAR AND INCOME LIMITA22 TIONS.— 

23 (1) DOLLAR LIMITATION.—Subsection (b)(1) of 

24 section 36 of the Internal Revenue Code of 1986 is 
16 

† HR 3548 EAS 

1 amended by adding at the end the following new sub2 paragraph: 

3 ‘‘(D) SPECIAL RULE FOR LONG-TIME RESI4 DENTS OF SAME PRINCIPAL RESIDENCE.—In the 

5 case of a taxpayer to whom a credit under sub6 section (a) is allowed by reason of subsection 

7 (c)(6), subparagraphs (A), (B), and (C) shall be 

8 applied by substituting ‘$6,500’ for ‘$8,000’ and 

9 ‘$3,250’ for ‘$4,000’.’’. 

10 (2) INCOME LIMITATION.—Subsection 

11 (b)(2)(A)(i)(II) of section 36 of such Code is amended 

12 by striking ‘‘$75,000 ($150,000’’ and inserting 

13 ‘‘$125,000 ($225,000’’. 

14 (d) LIMITATION ON PURCHASE PRICE OF RESI15 DENCE.—Subsection (b) of section 36 of the Internal Rev16 enue Code of 1986 is amended by adding at the end the 

17 following new paragraph: 

18 ‘‘(3) LIMITATION BASED ON PURCHASE PRICE.— 

19 No credit shall be allowed under subsection (a) for the 

20 purchase of any residence if the purchase price of 

21 such residence exceeds $800,000.’’. 

22 (e) WAIVER OF RECAPTURE OF FIRST-TIME HOME23 BUYER CREDIT FOR INDIVIDUALS ON QUALIFIED OFFICIAL

24 EXTENDED DUTY.—Paragraph (4) of section 36(f) of the 
17 

† HR 3548 EAS 

1 Internal Revenue Code of 1986 is amended by adding at 

2 the end the following new subparagraph: 

3 ‘‘(E) SPECIAL RULE FOR MEMBERS OF THE

4 ARMED FORCES, ETC.— 

5 ‘‘(i) IN GENERAL.—In the case of the 

6 disposition of a principal residence by an 

7 individual (or a cessation referred to in 

8 paragraph (2)) after December 31, 2008, in 

9 connection with Government orders received 

10 by such individual, or such individual’s 

11 spouse, for qualified official extended duty 

12 service— 

13 ‘‘(I) paragraph (2) and subsection 

14 (d)(2) shall not apply to such disposi15 tion (or cessation), and 

16 ‘‘(II) if such residence was ac17 quired before January 1, 2009, para18 graph (1) shall not apply to the tax19 able year in which such disposition (or 

20 cessation) occurs or any subsequent 

21 taxable year. 

22 ‘‘(ii) QUALIFIED OFFICIAL EXTENDED

23 DUTY SERVICE.—For purposes of this sec24 tion, the term ‘qualified official extended 
18 

† HR 3548 EAS 

1 duty service’ means service on qualified offi2 cial extended duty as— 

3 ‘‘(I) a member of the uniformed 

4 services, 

5 ‘‘(II) a member of the Foreign 

6 Service of the United States, or 

7 ‘‘(III) an employee of the intel8 ligence community. 

9 ‘‘(iii) DEFINITIONS.—Any term used 

10 in this subparagraph which is also used in 

11 paragraph (9) of section 121(d) shall have 

12 the same meaning as when used in such 

13 paragraph.’’. 

14 (f) EXTENSION OF FIRST-TIME HOMEBUYER CREDIT

15 FOR INDIVIDUALS ON QUALIFIED OFFICIAL EXTENDED

16 DUTY OUTSIDE THE UNITED STATES.— 

17 (1) IN GENERAL.—Subsection (h) of section 36 of 

18 the Internal Revenue Code of 1986, as amended by 

19 subsection (a), is amended by adding at the end the 

20 following: 

21 ‘‘(3) SPECIAL RULE FOR INDIVIDUALS ON QUALI22 FIED OFFICIAL EXTENDED DUTY OUTSIDE THE

23 UNITED STATES.—In the case of any individual who 

24 serves on qualified official extended duty service (as 

25 defined in section 121(d)(9)(C)(i)) outside the United 
19 

† HR 3548 EAS 

1 States for at least 90 days during the period begin2 ning after December 31, 2008, and ending before May 

3 1, 2010, and, if married, such individual’s spouse— 

4 ‘‘(A) paragraphs (1) and (2) shall each be 

5 applied by substituting ‘May 1, 2011’ for ‘May 

6 1, 2010’, and 

7 ‘‘(B) paragraph (2) shall be applied by sub8 stituting ‘July 1, 2011’ for ‘July 1, 2010’.’’. 

9 (g) DEPENDENTS INELIGIBLE FOR CREDIT.—Sub10 section (d) of section 36 of the Internal Revenue Code of 

11 1986 is amended by striking ‘‘or’’ at the end of paragraph 

12 (1), by striking the period at the end of paragraph (2) and 

13 inserting ‘‘, or’’, and by adding at the end the following 

14 new paragraph: 

15 ‘‘(3) a deduction under section 151 with respect 

16 to such taxpayer is allowable to another taxpayer for 

17 such taxable year.’’. 

18 (h) IRS MATHEMATICAL ERROR AUTHORITY.—Para19 graph (2) of section 6213(g) of the Internal Revenue Code 

20 of 1986 is amended— 

21 (1) by striking ‘‘and’’ at the end of subpara22 graph (M), 

23 (2) by striking the period at the end of subpara24 graph (N) and inserting ‘‘, and’’, and 
20 

† HR 3548 EAS 

1 (3) by inserting after subparagraph (N) the fol2 lowing new subparagraph: 

3 ‘‘(O) an omission of any increase required 

4 under section 36(f) with respect to the recapture 

5 of a credit allowed under section 36.’’. 

6 (i) COORDINATION WITH FIRST-TIME HOMEBUYER

7 CREDIT FOR DISTRICT OF COLUMBIA.—Paragraph (4) of 

8 section 1400C(e) of the Internal Revenue Code of 1986 is 

9 amended by striking ‘‘and before December 1, 2009,’’. 

10 (j) EFFECTIVE DATES.— 

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

12 subsections (b), (c), (d), and (g) shall apply to resi13 dences purchased after the date of the enactment of 

14 this Act. 

15 (2) EXTENSIONS.—The amendments made by 

16 subsections (a), (f), and (i) shall apply to residences 

17 purchased after November 30, 2009. 

18 (3) WAIVER OF RECAPTURE.—The amendment 

19 made by subsection (e) shall apply to dispositions and 

20 cessations after December 31, 2008. 

21 (4) MATHEMATICAL ERROR AUTHORITY.—The 

22 amendments made by subsection (h) shall apply to re23 turns for taxable years ending on or after April 9, 

24 2008. 
21 

† HR 3548 EAS 

1 SEC. 12. PROVISIONS TO ENHANCE THE ADMINISTRATION 

2 OF THE FIRST-TIME HOMEBUYER TAX CRED3 IT. 

4 (a) AGE LIMITATION.— 

5 (1) IN GENERAL.—Subsection (b) of section 36 of 

6 the Internal Revenue Code of 1986, as amended by 

7 this Act, is amended by adding at the end the fol8 lowing new paragraph: 

9 ‘‘(4) AGE LIMITATION.—No credit shall be al10 lowed under subsection (a) with respect to the pur11 chase of any residence unless the taxpayer has at12 tained age 18 as of the date of such purchase. In the 

13 case of any taxpayer who is married (within the 

14 meaning of section 7703), the taxpayer shall be treat15 ed as meeting the age requirement of the preceding 

16 sentence if the taxpayer or the taxpayer’s spouse 

17 meets such age requirement.’’. 

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

19 of section 36 of such Code, as amended by this Act, 

20 is amended by inserting ‘‘(b)(4),’’ before ‘‘(c)’’. 

21 (b) DOCUMENTATION REQUIREMENT.—Subsection (d) 

22 of section 36 of the Internal Revenue Code of 1986, as 

23 amended by this Act, is amended by striking ‘‘or’’ at the 

24 end of paragraph (2), by striking the period at the end of 

25 paragraph (3) and inserting ‘‘, or’’, and by adding at the 

26 end the following new paragraph: 
22 

† HR 3548 EAS 

1 ‘‘(4) the taxpayer fails to attach to the return of 

2 tax for such taxable year a properly executed copy of 

3 the settlement statement used to complete such pur4 chase.’’. 

5 (c) RESTRICTION ON MARRIED INDIVIDUAL ACQUIRING

6 RESIDENCE FROM FAMILY OF SPOUSE.—Clause (i) of sec7 tion 36(c)(3)(A) of the Internal Revenue Code of 1986 is 

8 amended by inserting ‘‘(or, if married, such individual’s 

9 spouse)’’ after ‘‘person acquiring such property’’. 

10 (d) CERTAIN ERRORS WITH RESPECT TO THE FIRST11 TIME HOMEBUYER TAX CREDIT TREATED AS MATHE12 MATICAL OR CLERICAL ERRORS.—Paragraph (2) of section 

13 6213(g) the Internal Revenue Code of 1986, as amended by 

14 this Act, is amended by striking ‘‘and’’ at the end of sub15 paragraph (N), by striking the period at the end of subpara16 graph (O) and inserting ‘‘, and’’, and by inserting after 

17 subparagraph (O) the following new subparagraph: 

18 ‘‘(P) an entry on a return claiming the 

19 credit under section 36 if— 

20 ‘‘(i) the Secretary obtains information 

21 from the person issuing the TIN of the tax22 payer that indicates that the taxpayer does 

23 not meet the age requirement of section 

24 36(b)(4), 
23 

† HR 3548 EAS 

1 ‘‘(ii) information provided to the Sec2 retary by the taxpayer on an income tax re3 turn for at least one of the 2 preceding tax4 able years is inconsistent with eligibility for 

5 such credit, or 

6 ‘‘(iii) the taxpayer fails to attach to 

7 the return the form described in section 

8 36(d)(4).’’. 

9 (e) EFFECTIVE DATE.— 

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

11 in this subsection, the amendments made by this sec12 tion shall apply to purchases after the date of the en13 actment of this Act. 

14 (2) DOCUMENTATION REQUIREMENT.—The 

15 amendments made by subsection (b) shall apply to re16 turns for taxable years ending after the date of the en17 actment of this Act. 

18 (3) TREATMENT AS MATHEMATICAL AND CLER19 ICAL ERRORS.—The amendments made by subsection 

20 (d) shall apply to returns for taxable years ending on 

21 or after April 9, 2008. 

22 SEC. 13. 5-YEAR CARRYBACK OF OPERATING LOSSES. 

23 (a) IN GENERAL.—Subparagraph (H) of section 

24 172(b)(1) of the Internal Revenue Code of 1986 is amended 

25 to read as follows: 
24 

† HR 3548 EAS 

1 ‘‘(H) CARRYBACK FOR 2008 OR 2009 NET OP2 ERATING LOSSES.— 

3 ‘‘(i) IN GENERAL.—In the case of an 

4 applicable net operating loss with respect to 

5 which the taxpayer has elected the applica6 tion of this subparagraph— 

7 ‘‘(I) subparagraph (A)(i) shall be 

8 applied by substituting any whole 

9 number elected by the taxpayer which 

10 is more than 2 and less than 6 for ‘2’, 

11 ‘‘(II) subparagraph (E)(ii) shall 

12 be applied by substituting the whole 

13 number which is one less than the 

14 whole number substituted under sub15 clause (I) for ‘2’, and 

16 ‘‘(III) subparagraph (F) shall not 

17 apply. 

18 ‘‘(ii) APPLICABLE NET OPERATING

19 LOSS.—For purposes of this subparagraph, 

20 the term ‘applicable net operating loss’ 

21 means the taxpayer’s net operating loss for 

22 a taxable year ending after December 31, 

23 2007, and beginning before January 1, 

24 2010. 

25 ‘‘(iii) ELECTION.— 
25 

† HR 3548 EAS 

1 ‘‘(I) IN GENERAL.—Any election 

2 under this subparagraph may be made 

3 only with respect to 1 taxable year. 

4 ‘‘(II) PROCEDURE.—Any election 

5 under this subparagraph shall be made 

6 in such manner as may be prescribed 

7 by the Secretary, and shall be made by 

8 the due date (including extension of 

9 time) for filing the return for the tax10 payer’s last taxable year beginning in 

11 2009. Any such election, once made, 

12 shall be irrevocable. 

13 ‘‘(iv) LIMITATION ON AMOUNT OF LOSS

14 CARRYBACK TO 5TH PRECEDING TAXABLE

15 YEAR.— 

16 ‘‘(I) IN GENERAL.—The amount of 

17 any net operating loss which may be 

18 carried back to the 5th taxable year 

19 preceding the taxable year of such loss 

20 under clause (i) shall not exceed 50 

21 percent of the taxpayer’s taxable in22 come (computed without regard to the 

23 net operating loss for the loss year or 

24 any taxable year thereafter) for such 

25 preceding taxable year. 
26 

† HR 3548 EAS 

1 ‘‘(II) CARRYBACKS AND

2 CARRYOVERS TO OTHER TAXABLE

3 YEARS.—Appropriate adjustments in 

4 the application of the second sentence 

5 of paragraph (2) shall be made to take 

6 into account the limitation of subclause 

7 (I). 

8 ‘‘(III) EXCEPTION FOR 2008 ELEC9 TIONS BY SMALL BUSINESSES.—Sub10 clause (I) shall not apply to any loss 

11 of an eligible small business with re12 spect to any election made under this 

13 subparagraph as in effect on the day 

14 before the date of the enactment of the 

15 Worker, Homeownership, and Business 

16 Assistance Act of 2009. 

17 ‘‘(v) SPECIAL RULES FOR SMALL BUSI18 NESS.— 

19 ‘‘(I) IN GENERAL.—In the case of 

20 an eligible small business which made 

21 or makes an election under this sub22 paragraph as in effect on the day be23 fore the date of the enactment of the 

24 Worker, Homeownership, and Business 

25 Assistance Act of 2009, clause (iii)(I) 
27 

† HR 3548 EAS 

1 shall be applied by substituting ‘2 tax2 able years’ for ‘1 taxable year’. 

3 ‘‘(II) ELIGIBLE SMALL BUSI4 NESS.—For purposes of this subpara5 graph, the term ‘eligible small business’ 

6 has the meaning given such term by 

7 subparagraph (F)(iii), except that in 

8 applying such subparagraph, section 

9 448(c) shall be applied by substituting 

10 ‘$15,000,000’ for ‘$5,000,000’ each 

11 place it appears.’’. 

12 (b) ALTERNATIVE TAX NET OPERATING LOSS DEDUC13 TION.—Subclause (I) of section 56(d)(1)(A)(ii) of the Inter14 nal Revenue Code of 1986 is amended to read as follows: 

15 ‘‘(I) the amount of such deduction 

16 attributable to an applicable net oper17 ating loss with respect to which an 

18 election is made under section 

19 172(b)(1)(H), or’’. 

20 (c) LOSS FROM OPERATIONS OF LIFE INSURANCE

21 COMPANIES.—Subsection (b) of section 810 of the Internal 

22 Revenue Code of 1986 is amended by adding at the end 

23 the following new paragraph: 

24 ‘‘(4) CARRYBACK FOR 2008 OR 2009 LOSSES.— 
28 

† HR 3548 EAS 

1 ‘‘(A) IN GENERAL.—In the case of an appli2 cable loss from operations with respect to which 

3 the taxpayer has elected the application of this 

4 paragraph, paragraph (1)(A) shall be applied by 

5 substituting any whole number elected by the 

6 taxpayer which is more than 3 and less than 6 

7 for ‘3’. 

8 ‘‘(B) APPLICABLE LOSS FROM OPER9 ATIONS.—For purposes of this paragraph, the 

10 term ‘applicable loss from operations’ means the 

11 taxpayer’s loss from operations for a taxable 

12 year ending after December 31, 2007, and begin13 ning before January 1, 2010. 

14 ‘‘(C) ELECTION.— 

15 ‘‘(i) IN GENERAL.—Any election under 

16 this paragraph may be made only with re17 spect to 1 taxable year. 

18 ‘‘(ii) PROCEDURE.—Any election 

19 under this paragraph shall be made in such 

20 manner as may be prescribed by the Sec21 retary, and shall be made by the due date 

22 (including extension of time) for filing the 

23 return for the taxpayer’s last taxable year 

24 beginning in 2009. Any such election, once 

25 made, shall be irrevocable. 
29 

† HR 3548 EAS 

1 ‘‘(D) LIMITATION ON AMOUNT OF LOSS

2 CARRYBACK TO 5TH PRECEDING TAXABLE

3 YEAR.— 

4 ‘‘(i) IN GENERAL.—The amount of any 

5 loss from operations which may be carried 

6 back to the 5th taxable year preceding the 

7 taxable year of such loss under subpara8 graph (A) shall not exceed 50 percent of the 

9 taxpayer’s taxable income (computed with10 out regard to the loss from operations for 

11 the loss year or any taxable year thereafter) 

12 for such preceding taxable year. 

13 ‘‘(ii) CARRYBACKS AND CARRYOVERS

14 TO OTHER TAXABLE YEARS.—Appropriate 

15 adjustments in the application of the second 

16 sentence of paragraph (2) shall be made to 

17 take into account the limitation of clause 

18 (i).’’. 

19 (d) ANTI-ABUSE RULES.—The Secretary of Treasury 

20 or the Secretary’s designee shall prescribe such rules as are 

21 necessary to prevent the abuse of the purposes of the amend22 ments made by this section, including anti-stuffing rules, 

23 anti-churning rules (including rules relating to sale-lease24 backs), and rules similar to the rules under section 1091 
30 

† HR 3548 EAS 

1 of the Internal Revenue Code of 1986 relating to losses from 

2 wash sales. 

3 (e) EFFECTIVE DATES.— 

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

5 in this subsection, the amendments made by this sec6 tion shall apply to net operating losses arising in tax7 able years ending after December 31, 2007. 

8 (2) ALTERNATIVE TAX NET OPERATING LOSS DE9 DUCTION.—The amendment made by subsection (b) 

10 shall apply to taxable years ending after December 

11 31, 2002. 

12 (3) LOSS FROM OPERATIONS OF LIFE INSURANCE

13 COMPANIES.—The amendment made by subsection (d) 

14 shall apply to losses from operations arising in tax15 able years ending after December 31, 2007. 

16 (4) TRANSITIONAL RULE.—In the case of any net 

17 operating loss (or, in the case of a life insurance com18 pany, any loss from operations) for a taxable year 

19 ending before the date of the enactment of this Act— 

20 (A) any election made under section 

21 172(b)(3) or 810(b)(3) of the Internal Revenue 

22 Code of 1986 with respect to such loss may (not23 withstanding such section) be revoked before the 

24 due date (including extension of time) for filing 
31 

† HR 3548 EAS 

1 the return for the taxpayer’s last taxable year be2 ginning in 2009, and 

3 (B) any application under section 6411(a) 

4 of such Code with respect to such loss shall be 

5 treated as timely filed if filed before such due 

6 date. 

7 (f) EXCEPTION FOR TARP RECIPIENTS.—The amend8 ments made by this section shall not apply to— 

9 (1) any taxpayer if— 

10 (A) the Federal Government acquired before 

11 the date of the enactment of this Act an equity 

12 interest in the taxpayer pursuant to the Emer13 gency Economic Stabilization Act of 2008, 

14 (B) the Federal Government acquired before 

15 such date of enactment any warrant (or other 

16 right) to acquire any equity interest with respect 

17 to the taxpayer pursuant to the Emergency Eco18 nomic Stabilization Act of 2008, or 

19 (C) such taxpayer receives after such date of 

20 enactment funds from the Federal Government in 

21 exchange for an interest described in subpara22 graph (A) or (B) pursuant to a program estab23 lished under title I of division A of the Emer24 gency Economic Stabilization Act of 2008 (un25 less such taxpayer is a financial institution (as 
32 

† HR 3548 EAS 

1 defined in section 3 of such Act) and the funds 

2 are received pursuant to a program established 

3 by the Secretary of the Treasury for the stated 

4 purpose of increasing the availability of credit to 

5 small businesses using funding made available 

6 under such Act), or 

7 (2) the Federal National Mortgage Association 

8 and the Federal Home Loan Mortgage Corporation, 

9 and 

10 (3) any taxpayer which at any time in 2008 or 

11 2009 was or is a member of the same affiliated group 

12 (as defined in section 1504 of the Internal Revenue 

13 Code of 1986, determined without regard to subsection 

14 (b) thereof) as a taxpayer described in paragraph (1) 

15 or (2). 

16 SEC. 14. EXCLUSION FROM GROSS INCOME OF QUALIFIED 

17 MILITARY BASE REALIGNMENT AND CLOSURE 

18 FRINGE. 

19 (a) IN GENERAL.—Subsection (n) of section 132 of the 

20 Internal Revenue Code of 1986 is amended— 

21 (1) in subparagraph (1) by striking ‘‘this sub22 section) to offset the adverse effects on housing values 

23 as a result of a military base realignment or closure’’ 

24 and inserting ‘‘the American Recovery and Reinvest25 ment Tax Act of 2009)’’, and 
33 

† HR 3548 EAS 

1 (2) in subparagraph (2) by striking ‘‘clause (1) 

2 of’’. 

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

4 act shall apply to payments made after February 17, 2009. 

5 SEC. 15. DELAY IN APPLICATION OF WORLDWIDE ALLOCA6 TION OF INTEREST. 

7 (a) IN GENERAL.—Paragraphs (5)(D) and (6) of sec8 tion 864(f) of the Internal Revenue Code of 1986 are each 

9 amended by striking ‘‘December 31, 2010’’ and inserting 

10 ‘‘December 31, 2017’’. 

11 (b) CONFORMING AMENDMENT.—Section 864(f) of the 

12 Internal Revenue Code of 1986 is amended by striking 

13 paragraph (7). 

14 (c) EFFECTIVE DATES.—The amendments made by 

15 this section shall apply to taxable years beginning after De16 cember 31, 2010. 

17 SEC. 16. INCREASE IN PENALTY FOR FAILURE TO FILE A 

18 PARTNERSHIP OR S CORPORATION RETURN. 

19 (a) IN GENERAL.—Sections 6698(b)(1) and 6699(b)(1) 

20 of the Internal Revenue Code of 1986 are each amended by 

21 striking ‘‘$89’’ and inserting ‘‘$195’’. 

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

23 section shall apply to returns for taxable years beginning 

24 after December 31, 2009. 
34 

† HR 3548 EAS 

1 SEC. 17. CERTAIN TAX RETURN PREPARERS REQUIRED TO 

2 FILE RETURNS ELECTRONICALLY. 

3 (a) IN GENERAL.—Subsection (e) of section 6011 of 

4 the Internal Revenue Code of 1986 is amended by adding 

5 at the end the following new paragraph: 

6 ‘‘(3) SPECIAL RULE FOR TAX RETURN PRE7 PARERS.— 

8 ‘‘(A) IN GENERAL.—The Secretary shall re9 quire than any individual income tax return 

10 prepared by a tax return preparer be filed on 

11 magnetic media if— 

12 ‘‘(i) such return is filed by such tax re13 turn preparer, and 

14 ‘‘(ii) such tax return preparer is a 

15 specified tax return preparer for the cal16 endar year during which such return is 

17 filed. 

18 ‘‘(B) SPECIFIED TAX RETURN PREPARER.— 

19 For purposes of this paragraph, the term ‘speci20 fied tax return preparer’ means, with respect to 

21 any calendar year, any tax return preparer un22 less such preparer reasonably expects to file 10 or 

23 fewer individual income tax returns during such 

24 calendar year. 

25 ‘‘(C) INDIVIDUAL INCOME TAX RETURN.— 

26 For purposes of this paragraph, the term ‘indi-
35 

† HR 3548 EAS 

1 vidual income tax return’ means any return of 

2 the tax imposed by subtitle A on individuals, es3 tates, or trusts.’’. 

4 (b) CONFORMING AMENDMENT.—Paragraph (1) of sec5 tion 6011(e) of the Internal Revenue Code of 1986 is amend6 ed by striking ‘‘The Secretary may not’’ and inserting ‘‘Ex7 cept as provided in paragraph (3), the Secretary may not’’. 

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

9 section shall apply to returns filed after December 31, 2010. 

10 SEC. 18. TIME FOR PAYMENT OF CORPORATE ESTIMATED 

11 TAXES. 

12 The percentage under paragraph (1) of section 202(b) 

13 of the Corporate Estimated Tax Shift Act of 2009 in effect 

14 on the date of the enactment of this Act is increased by 

15 33.0 percentage points. 

Attest: 

Secretary. 
111TH CONGRESS 

1ST SESSION H.R. 3548 

AMENDMENT