II
Calendar No. 780
106TH CONGRESS
2D SESSION
H. R. 4923
IN THE SENATE OF THE UNITED STATES
JULY 26, 2000
Received
JULY 27, 2000
Read the first time
SEPTEMBER 5, 2000
Read the second time and placed on the calendar
AN ACT
To amend the Internal Revenue Code of 1986 to provide
tax incentives for the renewal of distressed communities,
to provide for nine additional empowerment zones and
increased tax incentives for empowerment zone develop-
ment, to encourage investments in new markets, and
for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; ETC.
(a) SHORT TITLE.—This Act may be cited as the
‘‘Community Renewal and New Markets Act of 2000’’.
(b) AMENDMENT OF 1986 CODE.—Except as other-
wise expressly provided, whenever in this Act an amend-
ment or repeal is expressed in terms of an amendment
to, or repeal of, a section or other provision, the reference
shall be considered to be made to a section or other provi-
sion of the Internal Revenue Code of 1986.
(c) TABLE OF CONTENTS.—
Sec. 1. Short title; etc.
TITLE I—TAX INCENTIVES FOR RENEWAL COMMUNITIES
Sec. 101. Designation of and tax incentives for renewal communities.
Sec. 102. Extension of expensing of environmental remediation costs to renewal
communities; extension of termination date for renewal commu-
nities and empowerment zones.
Sec. 103. Work opportunity credit for hiring youth residing in renewal commu-
nities.
TITLE II—EXTENSION AND EXPANSION OF EMPOWERMENT
ZONE INCENTIVES
Sec. 201. Authority to designate nine additional empowerment zones.
Sec. 202. Extension of enterprise zone treatment through 2009.
Sec. 203. 20 percent employment credit for all empowerment zones
Sec. 204. Increased expensing under section 179.
Sec. 205. Higher limits on tax-exempt empowerment zone facility bonds.
Sec. 206. Nonrecognition of gain on rollover of empowerment zone investments.
Sec. 207. Increased exclusion of gain on sale of empowerment zone stock.
TITLE III—NEW MARKETS TAX CREDIT
Sec. 301. New markets tax credit.
TITLE IV—IMPROVEMENTS IN LOW-INCOME HOUSING CREDIT
Sec. 401. Modification of State ceiling on low-income housing credit.
Sec. 402. Modification of criteria for allocating housing credits among projects.
Sec. 403. Additional responsibilities of housing credit agencies.
Sec. 404. Modifications to rules relating to basis of building which is eligible
for credit.
Sec. 405. Other modifications.
Sec. 406. Carryforward rules.
Sec. 407. Effective date.
TITLE V—PRIVATE ACTIVITY BOND VOLUME CAP
Sec. 501. Acceleration of phase-in of increase in volume cap on private activity
bonds.
TITLE VI—AMERICA’S PRIVATE INVESTMENT COMPANIES
Sec. 601. Short title.
Sec. 602. Findings and purposes.
Sec. 603. Definitions.
Sec. 604. Authorization.
Sec. 605. Selection of APICs.
Sec. 606. Operations of APICs.
Sec. 607. Credit enhancement by the Federal Government.
Sec. 608. APIC requests for guarantee actions.
Sec. 609. Examination and monitoring of APICs.
Sec. 610. Penalties.
Sec. 611. Effective date.
Sec. 612. Sunset.
TITLE VII—OTHER COMMUNITY RENEWAL AND NEW MARKETS
ASSISTANCE
Sec. 701. Transfer of unoccupied and substandard HUD-held housing to local
governments and community development corporations.
Sec. 702. Transfer of HUD assets in revitalization areas.
Sec. 703. Risk-sharing demonstration.
Sec. 704. Prevention and treatment of substance abuse; services provided
through religious organizations.
Sec. 705. New markets venture capital program.
Sec. 706. BusinessLINC grants and cooperative agreements.
TITLE I—TAX INCENTIVES FOR
RENEWAL COMMUNITIES
SEC. 101. DESIGNATION OF AND TAX INCENTIVES FOR RE-
NEWAL COMMUNITIES.
(a) IN GENERAL.—Chapter 1 is amended by adding
at the end the following new subchapter:
‘‘Subchapter X—Renewal Communities
‘‘Part 
I. Designation.
‘‘Part II. Renewal community capital gain; renewal community
business.
‘‘Part III. Additional incentives.
‘‘PART I—DESIGNATION
‘‘Sec. 1400E. Designation of renewal communities.
‘‘SEC. 1400E. DESIGNATION OF RENEWAL COMMUNITIES.
‘‘(a) DESIGNATION.—
‘‘(1) DEFINITIONS.—For purposes of this title,
the term ‘renewal community’ means any area—
‘‘(A) which is nominated by one or more
local governments and the State or States in
which it is located for designation as a renewal
community (hereafter in this section referred to
as a ‘nominated area’), and
‘‘(B) which the Secretary of Housing and
Urban Development designates as a renewal
community, after consultation with—
‘‘(i) the Secretaries of Agriculture,
Commerce, Labor, and the Treasury; the
Director of the Office of Management and
Budget, and the Administrator of the
Small Business Administration, and
‘‘(ii) in the case of an area on an In-
dian reservation, the Secretary of the Inte-
rior.
‘‘(2) NUMBER OF DESIGNATIONS.—
‘‘(A) IN
GENERAL.—The Secretary of
Housing and Urban Development may des-
ignate not more than 40 nominated areas as re-
newal communities.
‘‘(B) MINIMUM
DESIGNATION
IN
RURAL
AREAS.—Of the areas designated under para-
graph (1), at least eight must be areas—
‘‘(i) which are within a local govern-
ment jurisdiction or jurisdictions with a
population of less than 50,000,
‘‘(ii) which are outside of a metropoli-
tan statistical area (within the meaning of
section 143(k)(2)(B)), or
‘‘(iii) which are determined by the
Secretary of Housing and Urban Develop-
ment, after consultation with the Secretary
of Commerce, to be rural areas.
‘‘(3) AREAS DESIGNATED BASED ON DEGREE
OF POVERTY, ETC.—
‘‘(A) IN GENERAL.—Except as otherwise
provided in this section, the nominated areas
designated as renewal communities under this
subsection shall be those nominated areas with
the highest average ranking with respect to the
criteria described in subparagraphs (B), (C),
and (D) of subsection (c)(3). For purposes of
the preceding sentence, an area shall be ranked
within each such criterion on the basis of the
amount by which the area exceeds such cri-
terion, with the area which exceeds such cri-
terion by the greatest amount given the highest
ranking.
‘‘(B) EXCEPTION
WHERE
INADEQUATE
COURSE OF ACTION, ETC.—An area shall not be
designated under subparagraph (A) if the Sec-
retary of Housing and Urban Development de-
termines that the course of action described in
subsection (d)(2) with respect to such area is
inadequate.
‘‘(4) LIMITATION ON DESIGNATIONS.—
‘‘(A) PUBLICATION
OF
REGULATIONS.—
The Secretary of Housing and Urban Develop-
ment shall prescribe by regulation no later than
4 months after the date of the enactment of
this section, after consultation with the officials
described in paragraph (1)(B)—
‘‘(i) the procedures for nominating an
area under paragraph (1)(A),
‘‘(ii) the parameters relating to the
size and population characteristics of a re-
newal community, and
‘‘(iii) the manner in which nominated
areas will be evaluated based on the cri-
teria specified in subsection (d).
‘‘(B) TIME LIMITATIONS.—The Secretary
of Housing and Urban Development may des-
ignate nominated areas as renewal communities
only during the 24-month period beginning on
the first day of the first month following the
month in which the regulations described in
subparagraph (A) are prescribed.
‘‘(C) PROCEDURAL RULES.—The Secretary
of Housing and Urban Development shall not
make any designation of a nominated area as a
renewal 
community 
under 
paragraph 
(2)
unless—
‘‘(i) the local governments and the
States in which the nominated area is lo-
cated have the authority—
‘‘(I) to nominate such area for
designation as a renewal community,
‘‘(II) to make the State and local
commitments described in subsection
(d), and
‘‘(III) to provide assurances sat-
isfactory to the Secretary of Housing
and Urban Development that such
commitments will be fulfilled,
‘‘(ii) a nomination regarding such
area is submitted in such a manner and in
such form, and contains such information,
as the Secretary of Housing and Urban
Development shall by regulation prescribe,
and
‘‘(iii) the Secretary of Housing and
Urban Development determines that any
information furnished is reasonably accu-
rate.
‘‘(5) NOMINATION PROCESS FOR INDIAN RES-
ERVATIONS.—For purposes of this subchapter, in
the case of a nominated area on an Indian reserva-
tion, the reservation governing body (as determined
by the Secretary of the Interior) shall be treated as
being both the State and local governments with re-
spect to such area.
‘‘(b) PERIOD FOR WHICH DESIGNATION IS IN EF-
FECT.—
‘‘(1) IN GENERAL.—Any designation of an area
as a renewal community shall remain in effect dur-
ing the period beginning on July 1, 2001, and end-
ing on the earliest of—
‘‘(A) December 31, 2009,
‘‘(B) the termination date designated by
the State and local governments in their nomi-
nation, or
‘‘(C) the date the Secretary of Housing
and Urban Development revokes such designa-
tion.
‘‘(2) REVOCATION OF DESIGNATION.—The Sec-
retary of Housing and Urban Development may re-
voke the designation under this section of an area if
such Secretary determines that the local government
or the State in which the area is located—
‘‘(A) has modified the boundaries of the
area, or
‘‘(B) is not complying substantially with,
or fails to make progress in achieving, the State
or local commitments, respectively, described in
subsection (d).
‘‘(3) EARLIER TERMINATION OF CERTAIN BEN-
EFITS
IF
EARLIER
TERMINATION
OF
DESIGNA-
TION.—If the designation of an area as a renewal
community terminates before December 31, 2009—
‘‘(A) the date of such termination shall be
substituted for ‘December 31, 2009’ in section
198(h) with respect to such area, and
‘‘(B) the day after the date of such termi-
nation shall be substituted for ‘January 1,
2010’ each place it appears in sections 1400F
and 1400J with respect to such area.
‘‘(c) AREA AND ELIGIBILITY REQUIREMENTS.—
‘‘(1) IN GENERAL.—The Secretary of Housing
and Urban Development may designate a nominated
area as a renewal community under subsection (a)
only if the area meets the requirements of para-
graphs (2) and (3) of this subsection.
‘‘(2) AREA REQUIREMENTS.—A nominated area
meets the requirements of this paragraph if—
‘‘(A) the area is within the jurisdiction of
one or more local governments,
‘‘(B) the boundary of the area is contin-
uous, and
‘‘(C) the area—
‘‘(i) has a population of not more than
200,000 and at least—
‘‘(I) 4,000 if any portion of such
area (other than a rural area de-
scribed in subsection (a)(2)(B)(i)) is
located within a metropolitan statis-
tical area (within the meaning of sec-
tion 143(k)(2)(B)) which has a popu-
lation of 50,000 or greater, or
‘‘(II) 1,000 in any other case, or
‘‘(ii) is entirely within an Indian res-
ervation (as determined by the Secretary of
the Interior).
‘‘(3) ELIGIBILITY
REQUIREMENTS.—A nomi-
nated area meets the requirements of this paragraph
if the State and the local governments in which it
is located certify in writing (and the Secretary of
Housing and Urban Development, after such review
of supporting data as he deems appropriate, accepts
such certification) that—
‘‘(A) the area is one of pervasive poverty,
unemployment, and general distress;
‘‘(B) the unemployment rate in the area,
as determined by the most recent available
data, was at least 11⁄2 times the national unem-
ployment rate for the period to which such data
relate;
‘‘(C) the poverty rate for each population
census tract within the nominated area is at
least 20 percent; and
‘‘(D) in the case of an urban area, at least
70 percent of the households living in the area
have incomes below 80 percent of the median
income of households within the jurisdiction of
the local government (determined in the same
manner as under section 119(b)(2) of the
Housing and Community Development Act of
1974).
‘‘(4) CONSIDERATION OF HIGH INCIDENCE OF
CRIME.—The Secretary of Housing and Urban De-
velopment shall take into account, in selecting nomi-
nated areas for designation as renewal communities
under this section, the extent to which such areas
have a high incidence of crime.
‘‘(5) CONSIDERATION OF COMMUNITIES IDENTI-
FIED
IN
GAO
STUDY.—The Secretary of Housing
and Urban Development shall take into account, in
selecting nominated areas for designation as renewal
communities under this section, if the area has cen-
sus tracts identified in the May 12, 1998, report of
the General Accounting Office regarding the identi-
fication of economically distressed areas.
‘‘(d) REQUIRED
STATE
AND
LOCAL
COMMIT-
MENTS.—
‘‘(1) IN GENERAL.—The Secretary of Housing
and Urban Development may designate any nomi-
nated area as a renewal community under subsection
(a) only if—
‘‘(A) the local government and the State in
which the area is located agree in writing that,
during any period during which the area is a
renewal community, such governments will fol-
low a specified course of action which meets the
requirements of paragraph (2) and is designed
to reduce the various burdens borne by employ-
ers or employees in such area, and
‘‘(B) the economic growth promotion re-
quirements of paragraph (3) are met.
‘‘(2) COURSE OF ACTION.—
‘‘(A) IN
GENERAL.—A course of action
meets the requirements of this paragraph if
such course of action is a written document,
signed by a State (or local government) and
neighborhood organizations, which evidences a
partnership between such State or government
and community-based organizations and which
commits each signatory to specific and measur-
able goals, actions, and timetables. Such course
of action shall include at least four of the fol-
lowing:
‘‘(i) A reduction of tax rates or fees
applying within the renewal community.
‘‘(ii) An increase in the level of effi-
ciency of local services within the renewal
community.
‘‘(iii) Crime reduction strategies, such
as crime prevention (including the provi-
sion of crime prevention services by non-
governmental entities).
‘‘(iv) Actions to reduce, remove, sim-
plify, or streamline governmental require-
ments applying within the renewal commu-
nity.
‘‘(v) Involvement in the program by
private entities, organizations, neighbor-
hood 
organizations, 
and 
community
groups, particularly those in the renewal
community, including a commitment from
such private entities to provide jobs and
job training for, and technical, financial, or
other assistance to, employers, employees,
and residents from the renewal community.
‘‘(vi) The gift (or sale at below fair
market value) of surplus real property
(such as land, homes, and commercial or
industrial structures) in the renewal com-
munity to neighborhood organizations,
community development corporations, or
private companies.
‘‘(B) RECOGNITION OF PAST EFFORTS.—
For purposes of this section, in evaluating the
course of action agreed to by any State or local
government, the Secretary of Housing and
Urban Development shall take into account the
past efforts of such State or local government
in reducing the various burdens borne by em-
ployers and employees in the area involved.
‘‘(3) ECONOMIC GROWTH PROMOTION REQUIRE-
MENTS.—The economic growth promotion require-
ments of this paragraph are met with respect to a
nominated area if the local government and the
State in which such area is located certify in writing
that such government and State (respectively) have
repealed or reduced, will not enforce, or will reduce
within the nominated area at least four of the fol-
lowing:
‘‘(A) Licensing requirements for occupa-
tions that do not ordinarily require a profes-
sional degree.
‘‘(B) Zoning restrictions on home-based
businesses which do not create a public nui-
sance.
‘‘(C) Permit requirements for street ven-
dors who do not create a public nuisance.
‘‘(D) Zoning or other restrictions that im-
pede the formation of schools or child care cen-
ters.
‘‘(E) Franchises or other restrictions on
competition for businesses providing public
services, including taxicabs, jitneys, cable tele-
vision, or trash hauling.
This paragraph shall not apply to the extent that
such regulation of businesses and occupations is nec-
essary for and well-tailored to the protection of
health and safety.
‘‘(e) COORDINATION WITH TREATMENT
OF EM-
POWERMENT ZONES AND ENTERPRISE COMMUNITIES.—
For purposes of this title, the designation under section
1391 of any area as an empowerment zone or enterprise
community shall cease to be in effect as of the date that
the designation of any portion of such area as a renewal
community takes effect.
‘‘(f ) DEFINITIONS AND SPECIAL RULES.—For pur-
poses of this subchapter—
‘‘(1) GOVERNMENTS.—If more than one govern-
ment seeks to nominate an area as a renewal com-
munity, any reference to, or requirement of, this sec-
tion shall apply to all such governments.
‘‘(2) LOCAL
GOVERNMENT.—The term ‘local
government’ means—
‘‘(A) any county, city, town, township, par-
ish, village, or other general purpose political
subdivision of a State, and
‘‘(B) any combination of political subdivi-
sions described in subparagraph (A) recognized
by the Secretary of Housing and Urban Devel-
opment.
‘‘(3) APPLICATION
OF
RULES
RELATING
TO
CENSUS TRACTS.—The rules of section 1392(b)(4)
shall apply.
‘‘(4) CENSUS
DATA.—Population and poverty
rate shall be determined by using 1990 census data.
‘‘(g) PRIORITY FOR DISTRICT OF COLUMBIA NOMI-
NATED AREA.—For purposes of this subchapter—
‘‘(1) IN GENERAL.—Any nominated area within
the District of Columbia shall be treated for pur-
poses of subsection (a)(3) as having the highest av-
erage with respect to the criteria described in sub-
paragraphs (B), (C), and (D) of subsection (c)(3).
‘‘(2) DATE OF DESIGNATION.—Notwithstanding
subsection (b)(1), the designation of a nominated
area within the District of Columbia as a renewal
community shall take effect on January 1, 2003.
‘‘(3) NOMINATION.—The District of Columbia
shall be treated as being both a State and local gov-
ernment with respect to such area.
‘‘PART II—RENEWAL COMMUNITY CAPITAL GAIN;
RENEWAL COMMUNITY BUSINESS
‘‘Sec. 1400F. Renewal community capital gain.
‘‘Sec. 1400G. Renewal community business defined.
‘‘SEC. 1400F. RENEWAL COMMUNITY CAPITAL GAIN.
‘‘(a) GENERAL RULE.—Gross income does not in-
clude any qualified capital gain from the sale or exchange
of a qualified community asset held for more than 5 years.
‘‘(b) QUALIFIED COMMUNITY ASSET.—For purposes
of this section—
‘‘(1) IN GENERAL.—The term ‘qualified com-
munity asset’ means—
‘‘(A) any qualified community stock,
‘‘(B) any qualified community partnership
interest, and
‘‘(C) any qualified community business
property.
‘‘(2) QUALIFIED COMMUNITY STOCK.—
‘‘(A) IN GENERAL.—Except as provided in
subparagraph (B), the term ‘qualified commu-
nity stock’ means any stock in a domestic cor-
poration if—
‘‘(i) such stock is acquired by the tax-
payer after June 30, 2001, and before
January 1, 2010, at its original issue (di-
rectly or through an underwriter) from the
corporation solely in exchange for cash,
‘‘(ii) as of the time such stock was
issued, such corporation was a renewal
community business (or, in the case of a
new corporation, such corporation was
being organized for purposes of being a re-
newal community business), and
‘‘(iii) during substantially all of the
taxpayer’s holding period for such stock,
such corporation qualified as a renewal
community business.
‘‘(B) REDEMPTIONS.—A rule similar to
the rule of section 1202(c)(3) shall apply for
purposes of this paragraph.
‘‘(3) QUALIFIED COMMUNITY PARTNERSHIP IN-
TEREST.—The term ‘qualified community partner-
ship interest’ means any capital or profits interest in
a domestic partnership if—
‘‘(A) such interest is acquired by the tax-
payer after June 30, 2001, and before January
1, 2010, from the partnership solely in ex-
change for cash,
‘‘(B) as of the time such interest was ac-
quired, such partnership was a renewal commu-
nity business (or, in the case of a new partner-
ship, such partnership was being organized for
purposes of being a renewal community busi-
ness), and
‘‘(C) during substantially all of the
taxpayer’s holding period for such interest,
such partnership qualified as a renewal commu-
nity business.
A rule similar to the rule of paragraph (2)(B) shall
apply for purposes of this paragraph.
‘‘(4) QUALIFIED COMMUNITY BUSINESS PROP-
ERTY.—
‘‘(A) IN
GENERAL.—The term ‘qualified
community business property’ means tangible
property if—
‘‘(i) such property was acquired by
the taxpayer by purchase (as defined in
section 179(d)(2)) after June 30, 2001,
and before January 1, 2010,
‘‘(ii) the original use of such property
in the renewal community commences with
the taxpayer, and
‘‘(iii) during substantially all of the
taxpayer’s holding period for such prop-
erty, substantially all of the use of such
property was in a renewal community busi-
ness of the taxpayer.
‘‘(B) SPECIAL RULE FOR SUBSTANTIAL IM-
PROVEMENTS.—The requirements of clauses (i)
and (ii) of subparagraph (A) shall be treated as
satisfied with respect to—
‘‘(i) property which is substantially
improved by the taxpayer before January
1, 2010, and
‘‘(ii) any land on which such property
is located.
The determination of whether a property is sub-
stantially improved shall be made under clause
(ii) of section 1400B(b)(4)(B), except that
‘June 30, 2001’ shall be substituted for ‘De-
cember 31, 1997’ in such clause.
‘‘(c) QUALIFIED CAPITAL GAIN.—For purposes of
this section—
‘‘(1) IN GENERAL.—Except as otherwise pro-
vided in this subsection, the term ‘qualified capital
gain‘ means any gain recognized on the sale or ex-
change of—
‘‘(A) a capital asset, or
‘‘(B) property used in the trade or busi-
ness (as defined in section 1231(b)).
‘‘(2) GAIN BEFORE JULY 1, 2001, OR AFTER 2014
NOT QUALIFIED.—The term ‘qualified capital gain’
shall not include any gain attributable to periods be-
fore July 1, 2001, or after December 31, 2014.
‘‘(3) CERTAIN RULES TO APPLY.—Rules similar
to the rules of paragraphs (3), (4), and (5) of sec-
tion 1400B(e) shall apply for purposes of this sub-
section.
‘‘(d) CERTAIN RULES TO APPLY.—For purposes of
this section, rules similar to the rules of paragraphs (5),
(6), and (7) of subsection (b), and subsections (f ) and
(g), of section 1400B shall apply; except that for such pur-
poses section 1400B(g)(2) shall be applied by substituting
‘July 1, 2001’ for ‘January 1, 1998’ and ‘December 31,
2014’ for ‘December 31, 2007’.
‘‘(e) REGULATIONS.—The Secretary shall prescribe
such regulations as may be appropriate to carry out the
purposes of this section, including regulations to prevent
the avoidance of the purposes of this section.
‘‘SEC. 1400G. RENEWAL COMMUNITY BUSINESS DEFINED.
‘‘For purposes of this subchapter, the term ‘renewal
community business’ means any entity or proprietorship
which would be a qualified business entity or qualified pro-
prietorship under section 1397C if references to renewal
communities were substituted for references to empower-
ment zones in such section.
‘‘PART III—ADDITIONAL INCENTIVES
‘‘Sec. 1400H. Renewal community employment credit.
‘‘Sec. 1400I. Commercial revitalization deduction.
‘‘Sec. 1400J. Increase in expensing under section 179.
‘‘SEC. 1400H. RENEWAL COMMUNITY EMPLOYMENT CREDIT.
‘‘(a) IN GENERAL.—Subject to the modification in
subsection (b), a renewal community shall be treated as
an empowerment zone for purposes of section 1396 with
respect to wages paid or incurred after June 30, 2001.
‘‘(b) MODIFICATION.—In applying section 1396 with
respect to renewal communities—
‘‘(1) the applicable percentage shall be 15 per-
cent, and
‘‘(2) subsection (c) thereof shall be applied by
substituting ‘$10,000’ for ‘$15,000’ each place it ap-
pears.
‘‘SEC. 1400I. COMMERCIAL REVITALIZATION DEDUCTION.
‘‘(a) GENERAL RULE.—At the election of the tax-
payer, either—
‘‘(1) one-half of any qualified revitalization ex-
penditures chargeable to capital account with respect
to any qualified revitalization building shall be allow-
able as a deduction for the taxable year in which the
building is placed in service, or
‘‘(2) a deduction for all such expenditures shall
be allowable ratably over the 120-month period be-
ginning with the month in which the building is
placed in service.
‘‘(b) QUALIFIED REVITALIZATION BUILDINGS AND
EXPENDITURES.—For purposes of this section—
‘‘(1) QUALIFIED REVITALIZATION BUILDING.—
The term ‘qualified revitalization building’ means
any building (and its structural components) if—
‘‘(A) the building is placed in service by
the taxpayer in a renewal community and the
original use of the building begins with the tax-
payer, or
‘‘(B) in the case of such building not de-
scribed in subparagraph (A), such building—
‘‘(i) 
is 
substantially 
rehabilitated
(within 
the 
meaning 
of 
section
47(c)(1)(C)) by the taxpayer, and
‘‘(ii) is placed in service by the tax-
payer after the rehabilitation in a renewal
community.
‘‘(2) QUALIFIED
REVITALIZATION
EXPENDI-
TURE.—
‘‘(A) IN
GENERAL.—The term ‘qualified
revitalization expenditure’ means any amount
properly chargeable to capital account for prop-
erty for which depreciation is allowable under
section 168 (without regard to this section) and
which is—
‘‘(i) nonresidential real property (as
defined in section 168(e)), or
‘‘(ii) section 1250 property (as defined
in section 1250(c)) which is functionally
related and subordinate to property de-
scribed in clause (i).
‘‘(B) CERTAIN
EXPENDITURES
NOT
IN-
CLUDED.—
‘‘(i) ACQUISITION COST.—In the case
of a building described in paragraph
(1)(B), the cost of acquiring the building
or interest therein shall be treated as a
qualified revitalization expenditure only to
the extent that such cost does not exceed
30 percent of the aggregate qualified revi-
talization expenditures (determined with-
out regard to such cost) with respect to
such building.
‘‘(ii) CREDITS.—The term ‘qualified
revitalization expenditure’ does not include
any expenditure which the taxpayer may
take into account in computing any credit
allowable under this title unless the tax-
payer elects to take the expenditure into
account only for purposes of this section.
‘‘(c) DOLLAR LIMITATION.—The aggregate amount
which may be treated as qualified revitalization expendi-
tures with respect to any qualified revitalization building
shall not exceed the lesser of—
‘‘(1) $10,000,000, or
‘‘(2) the commercial revitalization expenditure
amount allocated to such building under this section
by the commercial revitalization agency for the State
in which the building is located.
‘‘(d) COMMERCIAL REVITALIZATION EXPENDITURE
AMOUNT.—
‘‘(1) IN GENERAL.—The aggregate commercial
revitalization expenditure amount which a commer-
cial revitalization agency may allocate for any cal-
endar year is the amount of the State commercial
revitalization expenditure ceiling determined under
this paragraph for such calendar year for such agen-
cy.
‘‘(2) STATE COMMERCIAL REVITALIZATION EX-
PENDITURE CEILING.—The State commercial revi-
talization expenditure ceiling applicable to any
State—
‘‘(A) for the period after June 30, 2001,
and before January 1, 2002, is $6,000,000 for
each renewal community in the State,
‘‘(B) for each calendar year after 2001
and before 2010 is $12,000,000 for each re-
newal community in the State, and
‘‘(C) for each calendar year thereafter is
zero.
‘‘(3) COMMERCIAL REVITALIZATION AGENCY.—
For purposes of this section, the term ‘commercial
revitalization agency’ means any agency authorized
by a State to carry out this section.
‘‘(4) TIME AND MANNER OF ALLOCATIONS.—
Allocations under this section shall be made at the
same time and in the same manner as under para-
graphs (1) and (7) of section 42(h).
‘‘(e) RESPONSIBILITIES OF COMMERCIAL REVITAL-
IZATION AGENCIES.—
‘‘(1) 
PLANS
FOR
ALLOCATION.—Notwith-
standing any other provision of this section, the
commercial revitalization expenditure amount with
respect to any building shall be zero unless—
‘‘(A) such amount was allocated pursuant
to a qualified allocation plan of the commercial
revitalization agency which is approved (in ac-
cordance with rules similar to the rules of sec-
tion 147(f )(2) (other than subparagraph (B)(ii)
thereof)) by the governmental unit of which
such agency is a part; and
‘‘(B) such agency notifies the chief execu-
tive officer (or its equivalent) of the local juris-
diction within which the building is located of
such allocation and provides such individual a
reasonable opportunity to comment on the allo-
cation.
‘‘(2) QUALIFIED ALLOCATION PLAN.—For pur-
poses of this subsection, the term ‘qualified alloca-
tion plan’ means any plan—
‘‘(A) which sets forth selection criteria to
be used to determine priorities of the commer-
cial revitalization agency which are appropriate
to local conditions,
‘‘(B) which considers—
‘‘(i) the degree to which a project con-
tributes to the implementation of a stra-
tegic plan that is devised for a renewal
community through a citizen participation
process,
‘‘(ii) the amount of any increase in
permanent, full-time employment by reason
of any project, and
‘‘(iii) the active involvement of resi-
dents and nonprofit groups within the re-
newal community, and
‘‘(C) which provides a procedure that the
agency (or its agent) will follow in monitoring
compliance with this section.
‘‘(f) SPECIAL RULES.—
‘‘(1) DEDUCTION IN LIEU OF DEPRECIATION.—
The deduction provided by this section for qualified
revitalization expenditures shall—
‘‘(A) with respect to the deduction deter-
mined under subsection (a)(1), be in lieu of any
depreciation deduction otherwise allowable on
account of one-half of such expenditures, and
‘‘(B) with respect to the deduction deter-
mined under subsection (a)(2), be in lieu of any
depreciation deduction otherwise allowable on
account of all of such expenditures.
‘‘(2) BASIS ADJUSTMENT, ETC.—For purposes
of sections 1016 and 1250, the deduction under this
section shall be treated in the same manner as a de-
preciation deduction. For purposes of section
1250(b)(5), the straight line method of adjustment
shall be determined without regard to this section.
‘‘(3) SUBSTANTIAL REHABILITATIONS TREATED
AS SEPARATE BUILDINGS.—A substantial rehabilita-
tion (within the meaning of section 47(c)(1)(C)) of
a building shall be treated as a separate building for
purposes of subsection (a).
‘‘(4) CLARIFICATION
OF
ALLOWANCE
OF
DE-
DUCTION
UNDER
MINIMUM
TAX.—Notwithstanding
section 56(a)(1), the deduction under this section
shall be allowed in determining alternative minimum
taxable income under section 55.
‘‘(g) REGULATIONS.—For purposes of this section,
the Secretary shall, by regulations, provide for the applica-
tion of rules similar to the rules of section 49 and sub-
sections (a) and (b) of section 50.
‘‘(h) TERMINATION.—This section shall not apply to
any building placed in service after December 31, 2009.
‘‘SEC. 1400J. INCREASE IN EXPENSING UNDER SECTION 179.
‘‘(a) 
IN
GENERAL.—For 
purposes 
of 
section
1397A—
‘‘(1) a renewal community shall be treated as
an empowerment zone,
‘‘(2) a renewal community business shall be
treated as an empowerment zone business, and
‘‘(3) qualified renewal property shall be treated
as enterprise zone property.
‘‘(b) QUALIFIED RENEWAL PROPERTY.—For pur-
poses of this section—
‘‘(1) IN GENERAL.—The term ‘qualified renewal
property’ means any property to which section 168
applies (or would apply but for section 179) if—
‘‘(A) such property was acquired by the
taxpayer by purchase (as defined in section
179(d)(2)) after June 30, 2001, and before
January 1, 2010, and
‘‘(B) such property would be qualified zone
property (as defined in section 1397D) if ref-
erences to renewal communities were sub-
stituted for references to empowerment zones in
section 1397D.
‘‘(2) CERTAIN RULES TO APPLY.—The rules of
subsections (a)(2) and (b) of section 1397D shall
apply for purposes of this section.’’.
(b) EXCEPTION FOR COMMERCIAL REVITALIZATION
DEDUCTION FROM PASSIVE LOSS RULES.—
(1) Paragraph (3) of section 469(i) is amended
by redesignating subparagraphs (C), (D), and (E) as
subparagraphs (D), (E), and (F), respectively, and
by inserting after subparagraph (B) the following
new subparagraph:
‘‘(C) EXCEPTION FOR COMMERCIAL REVI-
TALIZATION
DEDUCTION.—Subparagraph (A)
shall not apply to any portion of the passive ac-
tivity loss for any taxable year which is attrib-
utable to the commercial revitalization deduc-
tion under section 1400I.’’.
(2) Subparagraph (E) of section 469(i)(3), as
redesignated by subparagraph (A), is amended to
read as follows:
‘‘(E) ORDERING RULES TO REFLECT EX-
CEPTIONS
AND
SEPARATE
PHASE-OUTS.—If
subparagraph (B), (C), or (D) applies for a tax-
able year, paragraph (1) shall be applied—
‘‘(i) first to the portion of the passive
activity loss to which subparagraph (C)
does not apply,
‘‘(ii) second to the portion of the pas-
sive activity credit to which subparagraph
(B) or (D) does not apply,
‘‘(iii) third to the portion of such
credit to which subparagraph (B) applies,
‘‘(iv) fourth to the portion of such loss
to which subparagraph (C) applies, and
‘‘(v) then to the portion of such credit
to which subparagraph (D) applies.’’.
(3)(A) Subparagraph (B) of section 469(i)(6) is
amended by striking ‘‘or’’ at the end of clause (i),
by striking the period at the end of clause (ii) and
inserting ‘‘, or’’, and by adding at the end the fol-
lowing new clause:
(2) EFFECTIVE DATE.—The amendment made
by paragraph (1) shall apply to expenditures paid or
incurred after June 30, 2001.
(b) EXTENSION
OF
TERMINATION
DATE.—Sub-
section (h) of section 198 is amended by inserting before
the period ‘‘(December 31, 2009, in the case of an em-
powerment zone or renewal community)’’.
SEC. 103. WORK OPPORTUNITY CREDIT FOR HIRING YOUTH
RESIDING IN RENEWAL COMMUNITIES.
(a) HIGH-RISK YOUTH.—Subparagraphs (A)(ii) and
(B) of section 51(d)(5) are each amended by striking ‘‘em-
powerment zone or enterprise community’’ and inserting
‘‘empowerment zone, enterprise community, or renewal
community’’.
(b) QUALIFIED
SUMMER
YOUTH
EMPLOYEE.—
Clause (iv) of section 51(d)(7)(A) is amended by striking
‘‘empowerment zone or enterprise community’’ and insert-
ing ‘‘empowerment zone, enterprise community, or re-
newal community’’.
(c) HEADINGS.—Paragraphs (5)(B) and (7)(C) of
section 51(d) are each amended by inserting ‘‘OR COMMU-
NITY’’ in the heading after ‘‘ZONE’’.
(d) EFFECTIVE DATE.—The amendments made by
this section shall apply to individuals who begin work for
the employer after June 30, 2001.
TITLE II—EXTENSION AND EX-
PANSION OF EMPOWERMENT
ZONE INCENTIVES
SEC. 201. AUTHORITY TO DESIGNATE NINE ADDITIONAL
EMPOWERMENT ZONES.
Section 1391 is amended by adding at the end the
following new subsection:
‘‘(h) ADDITIONAL DESIGNATIONS PERMITTED.—
‘‘(1) IN GENERAL.—In addition to the areas
designated under subsections (a) and (g), the appro-
priate Secretaries may designate in the aggregate an
additional nine nominated areas as empowerment
zones under this section, subject to the availability
of eligible nominated areas. Of that number, not
more than seven may be designated in urban areas
and not more than two may be designated in rural
areas.
‘‘(2) PERIOD DESIGNATIONS MAY BE MADE AND
TAKE EFFECT.—A designation may be made under
this subsection after the date of the enactment of
this subsection and before January 1, 2002. Subject
to subparagraphs (B) and (C) of subsection (d)(1),
such designations shall remain in effect during the
period beginning on January 1, 2002, and ending on
December 31, 2009.
‘‘(3) MODIFICATIONS TO ELIGIBILITY CRITERIA,
ETC.—The rules of subsection (g)(3) shall apply to
designations under this subsection.’’.
SEC. 202. EXTENSION OF ENTERPRISE ZONE TREATMENT
THROUGH 2009.
Subparagraph (A) of section 1391(d)(1) (relating to
period for which designation is in effect) is amended to
read as follows:
‘‘(A) December 31, 2009,’’.
SEC. 203. 20 PERCENT EMPLOYMENT CREDIT FOR ALL EM-
POWERMENT ZONES
(a) 20 PERCENT CREDIT.—Subsection (b) of section
1396 (relating to empowerment zone employment credit)
is amended to read as follows:
‘‘(b) APPLICABLE PERCENTAGE.—For purposes of
this section, the applicable percentage is 20 percent.’’.
(b) ALL
EMPOWERMENT
ZONES
ELIGIBLE
FOR
CREDIT.—Section 1396 is amended by striking subsection
(e).
(c) CONFORMING AMENDMENT.—Subsection (d) of
section 1400 is amended to read as follows:
‘‘(d) SPECIAL RULE FOR APPLICATION OF EMPLOY-
MENT CREDIT.—With respect to the DC Zone, section
1396(d)(1)(B) (relating to empowerment zone employ-
ment credit) shall be applied by substituting ‘the District
of Columbia’ for ‘such empowerment zone’.’’.
(d) EFFECTIVE DATE.—The amendments made by
this section shall apply to wages paid or incurred after
December 31, 2001.
SEC. 204. INCREASED EXPENSING UNDER SECTION 179.
(a) IN GENERAL.—Subparagraph (A) of section
1397A(a)(1) is amended by striking ‘‘$20,000’’ and in-
serting ‘‘$35,000’’.
(b) EXPENSING FOR PROPERTY USED IN DEVELOP-
ABLE SITES.—Section 1397A is amended by striking sub-
section (c).
(c) EFFECTIVE DATE.—The amendments made by
this section shall apply to taxable years beginning after
December 31, 2001.
SEC. 205. HIGHER LIMITS ON TAX-EXEMPT EMPOWERMENT
ZONE FACILITY BONDS.
(a) IN GENERAL.—Paragraph (3) of section 1394(f)
(relating to bonds for empowerment zones designated
under section 1391(g)) is amended to read as follows:
‘‘(3) EMPOWERMENT ZONE FACILITY BOND.—
For purposes of this subsection, the term ‘empower-
ment zone facility bond’ means any bond which
would be described in subsection (a) if—
‘‘(A) in the case of obligations issued be-
fore January 1, 2002, only empowerment zones
designated under section 1391(g) were taken
into account under sections 1397C and 1397D,
and
‘‘(B) in the case of obligations issued after
December 31, 2001, all empowerment zones
(other than the District of Columbia) were
taken into account under sections 1397C and
1397D.’’.
(b) EFFECTIVE DATE.—The amendments made by
this section shall apply to obligations issued after Decem-
ber 31, 2001.
SEC. 206. NONRECOGNITION OF GAIN ON ROLLOVER OF
EMPOWERMENT ZONE INVESTMENTS.
(a) IN GENERAL.—Part III of subchapter U of chap-
ter 1 is amended—
(1) by redesignating subpart C as subpart D;
(2) by redesignating sections 1397B and 1397C
as sections 1397C and 1397D, respectively; and
(3) by inserting after subpart B the following
new subpart:
‘‘Subpart C—Nonrecognition of Gain on Rollover of
Empowerment Zone Investments
‘‘Sec. 1397B. Nonrecognition of Gain on Rollover of Empower-
ment Zone Investments.
‘‘SEC. 1397B. NONRECOGNITION OF GAIN ON ROLLOVER OF
EMPOWERMENT ZONE INVESTMENTS.
‘‘(a) NONRECOGNITION OF GAIN.—In the case of any
sale of a qualified empowerment zone asset held by the
taxpayer for more than 1 year and with respect to which
such taxpayer elects the application of this section, gain
from such sale shall be recognized only to the extent that
the amount realized on such sale exceeds—
‘‘(1) the cost of any qualified empowerment
zone asset (with respect to the same zone as the
asset sold) purchased by the taxpayer during the 60-
day period beginning on the date of such sale, re-
duced by
‘‘(2) any portion of such cost previously taken
into account under this section.
‘‘(b) DEFINITIONS AND SPECIAL RULES.—For pur-
poses of this section—
‘‘(1) 
QUALIFIED
EMPOWERMENT
ZONE
ASSET.—
‘‘(A) IN
GENERAL.—The term ‘qualified
empowerment zone asset’ means any property
which would be a qualified community asset (as
defined in section 1400F) if in section 1400F—
‘‘(i) references to empowerment zones
were substituted for references to renewal
communities,
‘‘(ii) references to enterprise zone
businesses (as defined in section 1397C)
were substituted for references to renewal
community businesses, and
‘‘(iii) the date of the enactment of this
paragraph were substituted for ‘December
31, 2001’ each place it appears.
‘‘(B) TREATMENT OF DC ZONE.—The Dis-
trict of Columbia Enterprise Zone shall not be
treated as an empowerment zone for purposes
of this section.
‘‘(2) CERTAIN GAIN NOT ELIGIBLE FOR ROLL-
OVER.—This section shall not apply to—
‘‘(A) any gain which is treated as ordinary
income for purposes of this subtitle, and
‘‘(B) any gain which is attributable to real
property, or an intangible asset, which is not an
integral part of an enterprise zone business.
‘‘(3) PURCHASE.—A taxpayer shall be treated
as having purchased any property if, but for para-
graph (4), the unadjusted basis of such property in
the hands of the taxpayer would be its cost (within
the meaning of section 1012).
‘‘(4) BASIS ADJUSTMENTS.—If gain from any
sale is not recognized by reason of subsection (a),
such gain shall be applied to reduce (in the order ac-
quired) the basis for determining gain or loss of any
qualified empowerment zone asset which is pur-
chased by the taxpayer during the 60-day period de-
scribed in subsection (a). This paragraph shall not
apply for purposes of section 1202.
‘‘(5) HOLDING PERIOD.—For purposes of deter-
mining whether the nonrecognition of gain under
subsection (a) applies to any qualified empowerment
zone asset which is sold—
‘‘(A) the taxpayer’s holding period for such
asset and the asset referred to in subsection
(a)(1) shall be determined without regard to
section 1223, and
‘‘(B) only the first year of the taxpayer’s
holding period for the asset referred to in sub-
section (a)(1) shall be taken into account for
purposes of paragraphs (2)(A)(iii), (3)(C), and
(4)(A)(iii) of section 1400F(b).’’.
(b) CONFORMING AMENDMENTS.—
(1) Paragraph (23) of section 1016(a) is
amended—
(A) by striking ‘‘or 1045’’ and inserting
‘‘1045, or 1397B’’; and
(B) by striking ‘‘or 1045(b)(4)’’ and in-
serting ‘‘1045(b)(4), or 1397B(b)(4)’’.
(2) Paragraph (15) of section 1223 is amended
to read as follows:
‘‘(15) 
Except 
for 
purposes 
of 
sections
1202(a)(2), 
1202(c)(2)(A), 
1400B(b), 
and
1400F(b), in determining the period for which the
taxpayer has held property the acquisition of which
resulted under section 1045 or 1397B in the non-
recognition of any part of the gain realized on the
sale of other property, there shall be included the pe-
riod for which such other property has been held as
of the date of such sale.’’.
(3) Paragraph (2) of section 1394(b) is
amended—
(A) by striking ‘‘section 1397C’’ and in-
serting ‘‘section 1397D’’; and
(B) by striking ‘‘section 1397C(a)(2)’’ and
inserting ‘‘section 1397D(a)(2)’’.
(4) Paragraph (3) of section 1394(b) is
amended—
(A) by striking ‘‘section 1397B’’ each place
it appears and inserting ‘‘section 1397C’’; and
(B) by striking ‘‘section 1397B(d)’’ and in-
serting ‘‘section 1397C(d)’’.
(5) Sections 1400(e) and 1400B(c) are each
amended by striking ‘‘section 1397B’’ each place it
appears and inserting ‘‘section 1397C’’.
(6) The table of subparts for part III of sub-
chapter U of chapter 1 is amended by striking the
last item and inserting the following new items:
‘‘Subpart C. Nonrecognition of gain on rollover of empowerment
zone investments.
‘‘Subpart D. General provisions.’’.
(7) The table of sections for subpart D of such
part III is amended to read as follows:
‘‘Sec. 1397C. Enterprise zone business defined.
‘‘Sec. 1397D. Qualified zone property defined.’’.
(c) EFFECTIVE DATE.—The amendments made by
this section shall apply to qualified empowerment zone as-
sets acquired after the date of the enactment of this Act.
SEC. 207. INCREASED EXCLUSION OF GAIN ON SALE OF EM-
POWERMENT ZONE STOCK.
(a) IN GENERAL.—Subsection (a) of section 1202 is
amended to read as follows:
‘‘(a) EXCLUSION.—
‘‘(1) IN GENERAL.—In the case of a taxpayer
other than a corporation, gross income shall not in-
clude 50 percent of any gain from the sale or ex-
change of qualified small business stock held for
more than 5 years.
‘‘(2) EMPOWERMENT ZONE BUSINESSES.—
‘‘(A) IN GENERAL.—In the case of quali-
fied small business stock acquired after the date
of the enactment of this paragraph in a cor-
poration which is a qualified business entity (as
defined in section 1397C(b)) during substan-
tially all of the taxpayer’s holding period for
such stock, paragraph (1) shall be applied by
substituting ‘60 percent’ for ‘50 percent’.
‘‘(B) CERTAIN RULES TO APPLY.—Rules
similar to the rules of paragraphs (5) and (7)
of section 1400B(b) shall apply for purposes of
this paragraph.
‘‘(C) GAIN AFTER 2014 NOT QUALIFIED.—
Subparagraph (A) shall not apply to gain at-
tributable to periods after December 31, 2014.
‘‘(D) TREATMENT OF DC ZONE.—The Dis-
trict of Columbia Enterprise Zone shall not be
treated as an empowerment zone for purposes
of this paragraph.’’.
(b) CONFORMING AMENDMENT.—Paragraph (8) of
section 1(h) is amended by striking ‘‘means’’ and all that
follows and inserting ‘‘means the excess of—
‘‘(A) the gain which would be excluded
from gross income under section 1202 but for
the percentage limitation in section 1202(a),
over
‘‘(B) the gain excluded from gross income
under section 1202.’’.
(c) EFFECTIVE DATE.—The amendments made by
this section shall apply to stock acquired after the date
of the enactment of this Act.
TITLE III—NEW MARKETS TAX
CREDIT
SEC. 301. NEW MARKETS TAX CREDIT.
(a) IN GENERAL.—Subpart D of part IV of sub-
chapter A of chapter 1 (relating to business-related cred-
its) is amended by adding at the end the following new
section:
‘‘SEC. 45D. NEW MARKETS TAX CREDIT.
‘‘(a) ALLOWANCE OF CREDIT.—
‘‘(1) IN GENERAL.—For purposes of section 38,
in the case of a taxpayer who holds a qualified eq-
uity investment on a credit allowance date of such
investment which occurs during the taxable year, the
new markets tax credit determined under this sec-
tion for such taxable year is an amount equal to the
applicable percentage of the amount paid to the
qualified community development entity for such in-
vestment at its original issue.
‘‘(2) APPLICABLE PERCENTAGE.—For purposes
of paragraph (1), the applicable percentage is—
‘‘(A) 5 percent with respect to the first
three credit allowance dates, and
‘‘(B) 6 percent with respect to the remain-
der of the credit allowance dates.
‘‘(3) CREDIT ALLOWANCE DATE.—For purposes
of paragraph (1), the term ‘credit allowance date’
means, with respect to any qualified equity
investment—
‘‘(A) the date on which such investment is
initially made, and
‘‘(B) each of the six anniversary dates of
such date thereafter.
‘‘(b) QUALIFIED EQUITY INVESTMENT.—For pur-
poses of this section—
‘‘(1) IN GENERAL.—The term ‘qualified equity
investment’ means any equity investment in a quali-
fied community development entity if—
‘‘(A) such investment is acquired by the
taxpayer at its original issue (directly or
through an underwriter) solely in exchange for
cash,
‘‘(B) substantially all of such cash is used
by the qualified community development entity
to make qualified low-income community invest-
ments, and
‘‘(C) such investment is designated for
purposes of this section by the qualified com-
munity development entity.
Such term shall not include any equity investment
issued by a qualified community development entity
more than 5 years after the date that such entity re-
ceives an allocation under subsection (f). Any alloca-
tion not used within such 5-year period may be re-
allocated by the Secretary under subsection (f).
‘‘(2) LIMITATION.—The maximum amount of
equity investments issued by a qualified community
development entity which may be designated under
paragraph (1)(C) by such entity shall not exceed the
portion of the limitation amount allocated under
subsection (f) to such entity.
‘‘(3) SAFE HARBOR FOR DETERMINING USE OF
CASH.—The requirement of paragraph (1)(B) shall
be treated as met if at least 85 percent of the aggre-
gate gross assets of the qualified community devel-
opment entity are invested in qualified low-income
community investments.
‘‘(4) 
TREATMENT
OF
SUBSEQUENT
PUR-
CHASERS.—The term ‘qualified equity investment’
includes any equity investment which would (but for
paragraph (1)(A)) be a qualified equity investment
in the hands of the taxpayer if such investment was
a qualified equity investment in the hands of a prior
holder.
‘‘(5) REDEMPTIONS.—A rule similar to the rule
of section 1202(c)(3) shall apply for purposes of this
subsection.
‘‘(6) EQUITY INVESTMENT.—The term ‘equity
investment’ means—
‘‘(A) any stock (other than nonqualified
preferred stock as defined in section 351(g)(2))
in an entity which is a corporation, and
‘‘(B) any capital interest in an entity
which is a partnership.
‘‘(c) QUALIFIED COMMUNITY DEVELOPMENT ENTI-
TY.—For purposes of this section—
‘‘(1) IN GENERAL.—The term ‘qualified com-
munity development entity’ means any domestic cor-
poration or partnership if—
‘‘(A) the primary mission of the entity is
serving, or providing investment capital for,
low-income communities or low-income persons,
‘‘(B) the entity maintains accountability to
residents of low-income communities through
representation on governing or advisory boards
or otherwise, and
‘‘(C) the entity is certified by the Secretary
for purposes of this section as being a qualified
community development entity.
‘‘(2) SPECIAL RULES FOR CERTAIN ORGANIZA-
TIONS.—The requirements of paragraph (1) shall be
treated as met by—
‘‘(A) any specialized small business invest-
ment 
company 
(as 
defined 
in 
section
1044(c)(3)), and
‘‘(B) any community development financial
institution (as defined in section 103 of the
Community Development Banking and Finan-
cial Institutions Act of 1994 (12 U.S.C. 4702)).
‘‘(d) QUALIFIED LOW-INCOME COMMUNITY INVEST-
MENTS.—For purposes of this section—
‘‘(1) IN GENERAL.—The term ‘qualified low-in-
come community investment’ means—
‘‘(A) any equity investment in, or loan to,
any qualified active low-income community busi-
ness,
‘‘(B) the purchase from another commu-
nity development entity of any loan made by
such entity which is a qualified low-income com-
munity investment,
‘‘(C) financial counseling and other serv-
ices specified in regulations prescribed by the
Secretary to businesses located in, and resi-
dents of, low-income communities, and
‘‘(D) any equity investment in, or loan to,
any qualified community development entity.
‘‘(2) QUALIFIED ACTIVE LOW-INCOME COMMU-
NITY BUSINESS.—
‘‘(A) IN GENERAL.—For purposes of para-
graph (1), the term ‘qualified active low-income
community business’ means, with respect to any
taxable year, any corporation or partnership if
for such year—
‘‘(i) at least 50 percent of the total
gross income of such entity is derived from
the active conduct of a qualified business
within any low-income community,
‘‘(ii) a substantial portion of the use
of the tangible property of such entity
(whether owned or leased) is within any
low-income community,
‘‘(iii) a substantial portion of the serv-
ices performed for such entity by its em-
ployees are performed in any low-income
community,
‘‘(iv) less than 5 percent of the aver-
age of the aggregate unadjusted bases of
the property of such entity is attributable
to collectibles (as defined in section
408(m)(2)) other than collectibles that are
held primarily for sale to customers in the
ordinary course of such business, and
‘‘(v) less than 5 percent of the aver-
age of the aggregate unadjusted bases of
the property of such entity is attributable
to nonqualified financial property (as de-
fined in section 1397C(e)).
‘‘(B) PROPRIETORSHIP.—Such term shall
include any business carried on by an individual
as a proprietor if such business would meet the
requirements of subparagraph (A) were it incor-
porated.
‘‘(C) PORTIONS
OF
BUSINESS
MAY
BE
QUALIFIED
ACTIVE
LOW-INCOME
COMMUNITY
BUSINESS.—The term ‘qualified active low-in-
come community business’ includes any trades
or businesses which would qualify as a qualified
active low-income community business if such
trades or businesses were separately incor-
porated.
‘‘(3) QUALIFIED BUSINESS.—For purposes of
this subsection, the term ‘qualified business’ has the
meaning given to such term by section 1397C(d); ex-
cept that—
‘‘(A) in lieu of applying paragraph (2)(B)
thereof, the rental to others of real property lo-
cated in any low-income community shall be
treated as a qualified business if there are sub-
stantial improvements located on such property,
‘‘(B) paragraph (3) thereof shall not apply,
and
‘‘(C) such term shall not include any busi-
ness if a significant portion of the equity inter-
ests in such business are held by any person
who holds a significant portion of the equity in-
vestments in the community development entity.
‘‘(e) LOW-INCOME COMMUNITY.—For purposes of
this section—
‘‘(1) IN GENERAL.—The term ‘low-income com-
munity’ means any population census tract if—
‘‘(A) the poverty rate for such tract is at
least 20 percent, or
‘‘(B)(i) in the case of a tract not located
within a metropolitan area, the median family
income for such tract does not exceed 80 per-
cent of statewide median family income, or
‘‘(ii) in the case of a tract located within
a metropolitan area, the median family income
for such tract does not exceed 80 percent of the
greater of statewide median family income or
the metropolitan area median family income.
‘‘(2) AREAS NOT WITHIN CENSUS TRACTS.—In
the case of an area which is not tracted for popu-
lation census tracts, the equivalent county divisions
(as defined by the Bureau of the Census for pur-
poses of defining poverty areas) shall be used for
purposes of determining poverty rates and median
family income.
‘‘(f) NATIONAL LIMITATION ON AMOUNT OF INVEST-
MENTS DESIGNATED.—
‘‘(1) IN GENERAL.—There is a new markets tax
credit limitation for each calendar year. Such limita-
tion is—
‘‘(A) $1,000,000,000 for 2001,
‘‘(B) $1,500,000,000 for 2002 and 2003,
‘‘(C) $2,000,000,000 for 2004 and 2005,
and
‘‘(D) $3,500,000,000 for 2006 and 2007.
‘‘(2) ALLOCATION OF LIMITATION.—The limita-
tion under paragraph (1) shall be allocated by the
Secretary among qualified community development
entities selected by the Secretary. In making alloca-
tions under the preceding sentence, the Secretary
shall give priority to entities with records of having
successfully provided capital or technical assistance
to disadvantaged businesses or communities.
‘‘(3) CARRYOVER OF UNUSED LIMITATION.—If
the new markets tax credit limitation for any cal-
endar year exceeds the aggregate amount allocated
under paragraph (2) for such year, such limitation
for the succeeding calendar year shall be increased
by the amount of such excess. No amount may be
carried under the preceding sentence to any calendar
year after 2014.
‘‘(g) RECAPTURE OF CREDIT IN CERTAIN CASES.—
‘‘(1) IN GENERAL.—If, at any time during the
7-year period beginning on the date of the original
issue of a qualified equity investment in a qualified
community development entity, there is a recapture
event with respect to such investment, then the tax
imposed by this chapter for the taxable year in
which such event occurs shall be increased by the
credit recapture amount.
‘‘(2) CREDIT RECAPTURE AMOUNT.—For pur-
poses of paragraph (1), the credit recapture amount
is an amount equal to the sum of—
‘‘(A) the aggregate decrease in the credits
allowed to the taxpayer under section 38 for all
prior taxable years which would have resulted if
no credit had been determined under this sec-
tion with respect to such investment, plus
‘‘(B) interest at the overpayment rate es-
tablished under section 6621 on the amount de-
termined under subparagraph (A) for each
prior taxable year for the period beginning on
the due date for filing the return for the prior
taxable year involved.
No deduction shall be allowed under this chapter for
interest described in subparagraph (B).
‘‘(3) RECAPTURE
EVENT.—For purposes of
paragraph (1), there is a recapture event with re-
spect to an equity investment in a qualified commu-
nity development entity if—
‘‘(A) such entity ceases to be a qualified
community development entity,
‘‘(B) the proceeds of the investment cease
to be used as required of subsection (b)(1)(B),
or
‘‘(C) such investment is redeemed by such
entity.
‘‘(4) SPECIAL RULES.—
‘‘(A) TAX
BENEFIT
RULE.—The tax for
the taxable year shall be increased under para-
graph (1) only with respect to credits allowed
by reason of this section which were used to re-
duce tax liability. In the case of credits not so
used to reduce tax liability, the carryforwards
and carrybacks under section 39 shall be appro-
priately adjusted.
‘‘(B) NO CREDITS AGAINST TAX.—Any in-
crease in tax under this subsection shall not be
treated as a tax imposed by this chapter for
purposes of determining the amount of any
credit under this chapter or for purposes of sec-
tion 55.
‘‘(h) BASIS REDUCTION.—The basis of any qualified
equity investment shall be reduced by the amount of any
credit determined under this section with respect to such
investment. This subsection shall not apply for purposes
of sections 1202, 1400B, and 1400F.
‘‘(i) REGULATIONS.—The Secretary shall prescribe
such regulations as may be appropriate to carry out this
section, including regulations—
‘‘(1) which limit the credit for investments
which are directly or indirectly subsidized by other
Federal tax benefits (including the credit under sec-
tion 42 and the exclusion from gross income under
section 103),
‘‘(2) which prevent the abuse of the purposes of
this section,
‘‘(3) which provide rules for determining wheth-
er the requirement of subsection (b)(1)(B) is treated
as met,
‘‘(4) which impose appropriate reporting re-
quirements, and
‘‘(5) which apply the provisions of this section
to newly formed entities.’’.
(b) CREDIT MADE PART OF GENERAL BUSINESS
CREDIT.—
(1) IN GENERAL.—Subsection (b) of section 38
is amended by striking ‘‘plus’’ at the end of para-
graph (11), by striking the period at the end of
paragraph (12) and inserting ‘‘, plus’’, and by add-
ing at the end the following new paragraph:
‘‘(13) the new markets tax credit determined
under section 45D(a).’’.
(2) LIMITATION
ON
CARRYBACK.—Subsection
(d) of section 39 is amended by adding at the end
the following new paragraph:
‘‘(9) NO CARRYBACK OF NEW MARKETS TAX
CREDIT BEFORE JANUARY 1, 2001.—No portion of
the unused business credit for any taxable year
which is attributable to the credit under section 45D
may be carried back to a taxable year ending before
January 1, 2001.’’.
(c) DEDUCTION FOR UNUSED CREDIT.—Subsection
(c) of section 196 is amended by striking ‘‘and’’ at the
end of paragraph (7), by striking the period at the end
of paragraph (8) and inserting ‘‘, and’’, and by adding
at the end the following new paragraph:
‘‘(9) the new markets tax credit determined
under section 45D(a).’’.
(d) CLERICAL AMENDMENT.—The table of sections
for subpart D of part IV of subchapter A of chapter 1
is amended by adding at the end the following new item:
‘‘Sec. 45D. New markets tax credit.’’.
(e) EFFECTIVE DATE.—The amendments made by
this section shall apply to investments made after Decem-
ber 31, 2000.
(f) REGULATIONS
ON ALLOCATION
OF NATIONAL
LIMITATION.—Not later than 60 days after the date of
the enactment of this Act, the Secretary of the Treasury
or the Secretary’s delegate shall prescribe regulations
which specify—
(1) how entities shall apply for an allocation
under section 45D(f)(2) of the Internal Revenue
Code of 1986, as added by this section;
(2) the competitive procedure through which
such allocations are made; and
(3) the actions that such Secretary or delegate
shall take to ensure that such allocations are prop-
erly made to appropriate entities.
TITLE IV—IMPROVEMENTS IN
LOW-INCOME HOUSING CREDIT
SEC. 401. MODIFICATION OF STATE CEILING ON LOW-IN-
COME HOUSING CREDIT.
(a) IN GENERAL.—Clauses (i) and (ii) of section
42(h)(3)(C) (relating to State housing credit ceiling) are
amended to read as follows:
‘‘(i) the unused State housing credit
ceiling (if any) of such State for the pre-
ceding calendar year,
‘‘(ii) the greater of—
‘‘(I) the applicable amount under
subparagraph (H) multiplied by the
State population, or
‘‘(II) $2,000,000,’’.
(b) APPLICABLE AMOUNT.—Paragraph (3) of section
42(h) (relating to housing credit dollar amount for agen-
cies) is amended by adding at the end the following new
subparagraph:
‘‘(H) APPLICABLE
AMOUNT
OF
STATE
CEILING.—For 
purposes 
of 
subparagraph
(C)(ii), the applicable amount shall be deter-
mined under the following table:
‘‘For calendar year:
The applicable amount is:
2001 ............................................................................. $1.35
2002 .............................................................................
1.45
2003 .............................................................................
1.55
2004 .............................................................................
1.65
2005 .............................................................................
1.70
2006 and thereafter .....................................................
1.75.’’.
(c) ADJUSTMENT OF STATE CEILING FOR INCREASES
IN COST-OF-LIVING.—Paragraph (3) of section 42(h) (re-
lating to housing credit dollar amount for agencies), as
amended by subsection (c), is amended by adding at the
end the following new subparagraph:
‘‘(I) COST-OF-LIVING ADJUSTMENT.—
‘‘(i) IN GENERAL.—In the case of a
calendar year after 2006, the $2,000,000
in subparagraph (C) and the $1.75 amount
in subparagraph (H) shall each be in-
creased by an amount equal to—
‘‘(I) such dollar amount, multi-
plied by
‘‘(II) the cost-of-living adjust-
ment determined under section 1(f)(3)
for such calendar year by substituting
‘calendar year 2005’ for ‘calendar
year 1992’ in subparagraph (B) there-
of.
‘‘(ii) ROUNDING.—
‘‘(I) In the case of the amount in
subparagraph (C), any increase under
clause (i) which is not a multiple of
$5,000 shall be rounded to the next
lowest multiple of $5,000.
‘‘(II) In the case of the amount
in subparagraph (H), any increase
under clause (i) which is not a mul-
tiple of 5 cents shall be rounded to
the next lowest multiple of 5 cents.’’.
(d) CONFORMING AMENDMENTS.—
(1) Section 42(h)(3)(C), as amended by sub-
section (a), is amended—
(A) by striking ‘‘clause (ii)’’ in the matter
following clause (iv) and inserting ‘‘clause (i)’’;
and
(B) by striking ‘‘clauses (i)’’ in the matter
following clause (iv) and inserting ‘‘clauses
(ii)’’.
(2) Section 42(h)(3)(D)(ii) is amended—
(A) by striking ‘‘subparagraph (C)(ii)’’ and
inserting ‘‘subparagraph (C)(i)’’; and
(B) by striking ‘‘clauses (i)’’ in subclause
(II) and inserting ‘‘clauses (ii)’’.
(e) EFFECTIVE DATE.—The amendments made by
this section shall apply to calendar years after 2000.
SEC. 402. MODIFICATION OF CRITERIA FOR ALLOCATING
HOUSING CREDITS AMONG PROJECTS.
(a) SELECTION CRITERIA.—Subparagraph (C) of
section 42(m)(1) (relating to certain selection criteria
must be used) is amended—
(1) by inserting ‘‘, including whether the project
includes the use of existing housing as part of a
community revitalization plan’’ before the comma at
the end of clause (iii); and
(2) by striking clauses (v), (vi), and (vii) and
inserting the following new clauses:
‘‘(v) tenant populations with special
housing needs,
‘‘(vi) public housing waiting lists,
‘‘(vii) tenant populations of individ-
uals with children, and
‘‘(viii) projects intended for eventual
tenant ownership.’’.
(b) PREFERENCE FOR COMMUNITY REVITALIZATION
PROJECTS LOCATED IN QUALIFIED CENSUS TRACTS.—
Clause (ii) of section 42(m)(1)(B) is amended by striking
‘‘and’’ at the end of subclause (I), by adding ‘‘and’’ at
the end of subclause (II), and by inserting after subclause
(II) the following new subclause:
‘‘(III) projects which are located
in qualified census tracts (as defined
in subsection (d)(5)(C)) and the devel-
opment of which contributes to a con-
certed 
community 
revitalization
plan,’’.
SEC. 403. ADDITIONAL RESPONSIBILITIES OF HOUSING
CREDIT AGENCIES.
(a) MARKET STUDY; PUBLIC DISCLOSURE OF RA-
TIONALE
FOR NOT FOLLOWING CREDIT ALLOCATION
PRIORITIES.—Subparagraph (A) of section 42(m)(1) (re-
lating to responsibilities of housing credit agencies) is
amended by striking ‘‘and’’ at the end of clause (i), by
striking the period at the end of clause (ii) and inserting
a comma, and by adding at the end the following new
clauses:
‘‘(iii) a comprehensive market study
of the housing needs of low-income individ-
uals in the area to be served by the project
is conducted before the credit allocation is
made and at the developer’s expense by a
disinterested party who is approved by
such agency, and
‘‘(iv) a written explanation is available
to the general public for any allocation of
a housing credit dollar amount which is
not made in accordance with established
priorities and selection criteria of the hous-
ing credit agency.’’.
(b) SITE VISITS.—Clause (iii) of section 42(m)(1)(B)
(relating to qualified allocation plan) is amended by insert-
ing before the period ‘‘and in monitoring for noncompli-
ance with habitability standards through regular site vis-
its’’.
SEC. 404. MODIFICATIONS TO RULES RELATING TO BASIS
OF BUILDING WHICH IS ELIGIBLE FOR CRED-
IT.
(a) ADJUSTED BASIS TO INCLUDE PORTION OF CER-
TAIN BUILDINGS USED BY LOW-INCOME INDIVIDUALS
WHO ARE NOT TENANTS AND BY PROJECT EMPLOY-
EES.—Paragraph (4) of section 42(d) (relating to special
rules relating to determination of adjusted basis) is
amended—
(1) by striking ‘‘subparagraph (B)’’ in subpara-
graph (A) and inserting ‘‘subparagraphs (B) and
(C)’’;
(2) by redesignating subparagraph (C) as sub-
paragraph (D); and
(3) by inserting after subparagraph (B) the fol-
lowing new subparagraph:
‘‘(C) INCLUSION OF BASIS OF PROPERTY
USED
TO
PROVIDE
SERVICES
FOR
CERTAIN
NONTENANTS.—
‘‘(i) 
IN
GENERAL.—The 
adjusted
basis of any building located in a qualified
census tract (as defined in paragraph
(5)(C)) shall be determined by taking into
account the adjusted basis of property (of
a character subject to the allowance for de-
preciation and not otherwise taken into ac-
count) used throughout the taxable year in
providing any community service facility.
‘‘(ii) LIMITATION.—The increase in
the adjusted basis of any building which is
taken into account by reason of clause (i)
shall not exceed 10 percent of the eligible
basis of the qualified low-income housing
project of which it is a part. For purposes
of the preceding sentence, all community
service facilities which are part of the same
qualified low-income housing project shall
be treated as one facility.
‘‘(iii) COMMUNITY
SERVICE
FACIL-
ITY.—For purposes of this subparagraph,
the term ‘community service facility’
means any facility designed to serve pri-
marily individuals whose income is 60 per-
cent or less of area median income (within
the meaning of subsection (g)(1)(B)).’’.
(b) CERTAIN NATIVE AMERICAN HOUSING ASSIST-
ANCE DISREGARDED IN DETERMINING WHETHER BUILD-
ING IS FEDERALLY SUBSIDIZED FOR PURPOSES OF THE
LOW-INCOME HOUSING CREDIT.—Subparagraph (E) of
section 42(i)(2) (relating to determination of whether
building is federally subsidized) is amended—
(1) in clause (i), by inserting ‘‘or the Native
American Housing Assistance and Self-Determina-
tion Act of 1996 (25 U.S.C. 4101 et seq.) (as in ef-
fect on October 1, 1997)’’ after ‘‘this subpara-
graph)’’; and
(2) in the subparagraph heading, by inserting
‘‘OR NATIVE AMERICAN HOUSING ASSISTANCE’’ after
‘‘HOME ASSISTANCE’’.
SEC. 405. OTHER MODIFICATIONS.
(a) ALLOCATION
OF CREDIT LIMIT
TO CERTAIN
BUILDINGS.—
(1) The first sentence of section 42(h)(1)(E)(ii)
is amended by striking ‘‘(as of’’ the first place it ap-
pears and inserting ‘‘(as of the later of the date
which is 6 months after the date that the allocation
was made or’’.
(2) The last sentence of section 42(h)(3)(C) is
amended by striking ‘‘project which’’ and inserting
‘‘project which fails to meet the 10 percent test
under paragraph (1)(E)(ii) on a date after the close
of the calendar year in which the allocation was
made or which’’.
(b) DETERMINATION OF WHETHER BUILDINGS ARE
LOCATED IN HIGH COST AREAS.—The first sentence of
section 42(d)(5)(C)(ii)(I) is amended—
(1) by inserting ‘‘either’’ before ‘‘in which 50
percent’’; and
(2) by inserting before the period ‘‘or which has
a poverty rate of at least 25 percent’’.
SEC. 406. CARRYFORWARD RULES.
(a) IN GENERAL.—Clause (ii) of section 42(h)(3)(D)
(relating to unused housing credit carryovers allocated
among certain States) is amended by striking ‘‘the excess’’
and all that follows and inserting ‘‘the excess (if any) of—
‘‘(I) the unused State housing
credit ceiling for the year preceding
such year, over
‘‘(II) the aggregate housing cred-
it dollar amount allocated for such
year.’’.
(b) CONFORMING AMENDMENT.—The second sen-
tence of section 42(h)(3)(C) (relating to State housing
credit ceiling) is amended by striking ‘‘clauses (i) and
(iii)’’ and inserting ‘‘clauses (i) through (iv)’’.
SEC. 407. EFFECTIVE DATE.
Except as otherwise provided in this title, the amend-
ments made by this title shall apply to—
(1) housing credit dollar amounts allocated
after December 31, 2000; and
(2) buildings placed in service after such date
to the extent paragraph (1) of section 42(h) of the
Internal Revenue Code of 1986 does not apply to
any building by reason of paragraph (4) thereof, but
only with respect to bonds issued after such date.
TITLE V—PRIVATE ACTIVITY
BOND VOLUME CAP
SEC. 501. ACCELERATION OF PHASE-IN OF INCREASE IN
VOLUME CAP ON PRIVATE ACTIVITY BONDS.
(a) IN GENERAL.—The table contained in section
146(d)(2) (relating to per capita limit; aggregate limit) is
amended to read as follows:
‘‘Calendar Year
Per Capita
Limit
Aggregate
Limit
2001 ....................................................................................
$55.00
$165,000,000
2002 ....................................................................................
60.00
180,000,000
2003 ....................................................................................
65.00
195,000,000
2004, 2005, and 2006 .........................................................
70.00
210,000,000
2007 and thereafter ............................................................
75.00
225,000,000.’’.
(b) EFFECTIVE DATE.—The amendment made by
this section shall apply to calendar years beginning after
2000.
TITLE VI—AMERICA’S PRIVATE
INVESTMENT COMPANIES
SEC. 601. SHORT TITLE.
This title may be cited as the ‘‘America’s Private In-
vestment Companies Act’’.
SEC. 602. FINDINGS AND PURPOSES.
(a) FINDINGS.—The Congress finds that—
(1) people living in distressed areas, both urban
and rural, that are characterized by high levels of
joblessness, poverty, and low incomes have not bene-
fited adequately from the economic expansion experi-
enced by the Nation as a whole;
(2) unequal access to economic opportunities
continues to make the social costs of joblessness and
poverty to our Nation very high; and
(3) there are significant untapped markets in
our Nation, and many of these are in areas that are
underserved by institutions that can make equity
and credit investments.
(b) PURPOSES.—The purposes of this title are to—
(1) license private for profit community devel-
opment entities that will focus on making equity and
credit investments for large-scale business develop-
ments that benefit low-income communities;
(2) provide credit enhancement for those enti-
ties for use in low-income communities; and
(3) provide a vehicle under which the economic
and social returns on financial investments made
pursuant to this title may be available both to the
investors in these entities and to the residents of the
low-income communities.
SEC. 603. DEFINITIONS.
As used in this title:
(1) ADMINISTRATOR.—The term ‘‘Adminis-
trator’’ means the Administrator of the Small Busi-
ness Administration.
(2) AGENCY.—The term ‘‘agency’’ has the
meaning given such term in section 551(1) of title
5, United States Code.
(3) APIC.—The term ‘‘APIC’’ means a busi-
ness entity that has been licensed under the terms
of this title as an America’s Private Investment
Company, and the license of which has not been re-
voked.
(4) COMMUNITY DEVELOPMENT ENTITY.—The
term ‘‘community development entity’’ means an en-
tity the primary mission of which is serving or pro-
viding investment capital for low-income commu-
nities or low-income persons and which maintains
accountability to residents of low-income commu-
nities.
(5) HUD.—The term ‘‘HUD’’ means the Sec-
retary of Housing and Urban Development or the
Department of Housing and Urban Development, as
the context requires.
(6) LICENSE.—The term ‘‘license’’ means a li-
cense issued by HUD as provided in section 604.
(7) LOW-INCOME COMMUNITY.—The term ‘‘low-
income community’’ means—
(A) a census tract or tracts that have—
(i) a poverty rate of 20 percent or
greater, based on the most recent census
data; or
(ii) a median family income that does
not exceed 80 percent of the greater of: (I)
the median family income for the metro-
politan area in which such census tract or
tracts are located; or (II) the median fam-
ily income for the State in which such cen-
sus tract or tracts are located; or
(B) a property that was located on a mili-
tary installation that was closed or realigned
pursuant to title II of the Defense Authoriza-
tion Amendments and Base Closure and Re-
alignment Act (Public Law 100–526; 10 U.S.C.
2687 note), the Defense Base Closure and Re-
alignment Act of 1990 (part A of title XXIX of
Public Law 101–510; 10 U.S.C. 2687 note),
section 2687 of title 10, United States Code, or
any other similar law enacted after the date of
the enactment of this Act that provides for clo-
sure or realignment of military installations.
(8) LOW-INCOME PERSON.—The term ‘‘low-in-
come person’’ means a person who is a member of
a low-income family, as such term is defined in sec-
tion 104 of the Cranston-Gonzalez National Afford-
able Housing Act (42 U.S.C. 12704).
(9) PRIVATE EQUITY CAPITAL.—
(A) IN GENERAL.—The term ‘‘private eq-
uity capital’’—
(i) in the case of a corporate entity,
the paid-in capital and paid-in surplus of
the corporate entity;
(ii) in the case of a partnership entity,
the contributed capital of the partners of
the partnership entity;
(iii) in the case of a limited liability
company entity, the equity investment of
the members of the limited liability com-
pany entity; and
(iv) earnings from investments of the
entity that are not distributed to investors
and are available for reinvestment by the
entity.
(B) EXCLUSIONS.—Such term does not in-
clude any—
(i) funds borrowed by an entity from
any source or obtained through the
issuance of leverage; except that this clause
may not be construed to exclude amounts
evidenced by a legally binding and irrev-
ocable investment commitment in the enti-
ty, or the use by an entity of a pledge of
such investment commitment to obtain
bridge financing from a private lender to
fund the entity’s activities on an interim
basis; or
(ii) funds obtained directly or indi-
rectly from any Federal, State, or local
government or any government agency, ex-
cept for—
(I) funds invested by an employee
welfare benefit plan or pension plan;
and
(II) credits against any Federal,
State, or local taxes.
(10) QUALIFIED ACTIVE BUSINESS.—The term
‘‘qualified active business’’ means a business or
trade—
(A) that, at the time that an investment is
made in the business or trade, is deriving at
least 50 percent of its gross income from the
conduct of trade or business activities in low-in-
come communities;
(B) a substantial portion of the use of the
tangible property of which is used within low-
income communities;
(C) a substantial portion of the services
that the employees of which perform are per-
formed in low-income communities; and
(D) less than 5 percent of the aggregate
unadjusted bases of the property of which is at-
tributable to certain financial property, as the
Secretary shall set forth in regulations, or in
collectibles, other than collectibles held pri-
marily for sale to customers.
(11) 
QUALIFIED
DEBENTURE.—The 
term
‘‘qualified debenture’’ means a debt instrument hav-
ing terms that meet the requirements established
pursuant to section 606(c)(1).
(12) QUALIFIED LOW-INCOME COMMUNITY IN-
VESTMENT.—The term ‘‘qualified low-income com-
munity investment’’ mean an equity investment in,
or a loan to, a qualified active business.
(13) 
SECRETARY.—The 
term 
‘‘Secretary’’
means the Secretary of Housing and Urban Develop-
ment, unless otherwise specified in this title.
SEC. 604. AUTHORIZATION.
(a) LICENSES.—The Secretary is authorized to li-
cense community development entities as America’s Pri-
vate Investment Companies, in accordance with the terms
of this title.
(b) REGULATIONS.—The Secretary shall regulate
APICs for compliance with sound financial management
practices, and the program and procedural goals of this
title and other related Acts, and other purposes as re-
quired or authorized by this title, or determined by the
Secretary. The Secretary shall issue such regulations as
are necessary to carry out the licensing and regulatory and
other duties under this title, and may issue notices and
other guidance or directives as the Secretary determines
are appropriate to carry out such duties.
(c) USE OF CREDIT SUBSIDY FOR LICENSES.—
(1) NUMBER
OF
LICENSES.—The number of
APICs licensed at any one time may not exceed—
(A) the number that may be supported by
the amount of budget authority appropriated in
accordance with section 504(b) of the Federal
Credit Reform Act of 1990 (2 U.S.C. 661c) for
the cost (as such term is defined in section 502
of such Act) of the subsidy and the investment
strategies of such APICs; or
(B) to the extent the limitation under sec-
tion 605(e)(1) applies, the number authorized
under such section.
(2) USE OF ADDITIONAL CREDIT SUBSIDY.—
Subject to the limitation under paragraph (1), the
Secretary may use any budget authority available
after credit subsidy has been allocated for the APICs
initially licensed pursuant to section 605 as follows:
(A) ADDITIONAL
LICENSES.—To license
additional APICs.
(B) CREDIT SUBSIDY INCREASES.—To in-
crease the credit subsidy allocated to an APIC
as an award for high performance under this
title, except that such increases may be made
only in accordance with the following require-
ments and limitations:
(i) TIMING.—An increase may only be
provided for an APIC that has been li-
censed for a period of not less than 2
years.
(ii) COMPETITION.—An increase may
only be provided for a fiscal year pursuant
to a competition for such fiscal year among
APICs eligible for, and requesting, such an
increase. The competition shall be based
upon criteria that the Secretary shall es-
tablish, which shall include the financial
soundness and performance of the APICs,
as measured by achievement of the public
performance goals included in the APICs
statements 
required 
under 
section
605(a)(6) and audits conducted under sec-
tion 609(b)(2). Among the criteria estab-
lished by the Secretary to determine pri-
ority for selection under this section, the
Secretary shall include making investments
in and loans to qualified active businesses
in urban or rural areas that have been des-
ignated under subchapter U of Chapter 1
of the Internal Revenue Code of 1986 as
empowerment zones or enterprise commu-
nities.
(d) COOPERATION AND COORDINATION.—
(1) PROGRAM POLICIES.—The Secretary is au-
thorized to coordinate and cooperate, through memo-
randa of understanding, an APIC liaison committee,
or otherwise, with the Administrator, the Secretary
of the Treasury, and other agencies in the discretion
of the Secretary, on implementation of this title, in-
cluding regulation, examination, and monitoring of
APICs under this title.
(2) FINANCIAL SOUNDNESS REQUIREMENTS.—
The Secretary shall consult with the Administrator
and the Secretary of the Treasury, and may consult
with such other heads of agencies as the Secretary
may consider appropriate, in establishing any regu-
lations, requirements, guidelines, or standards for fi-
nancial soundness or management practices of
APICs or entities applying for licensing as APICs.
In implementing and monitoring compliance with
any such regulations, requirements, guidelines, and
standards, the Secretary shall enter into such agree-
ments and memoranda of understanding with the
Administrator and the Secretary of the Treasury as
may be appropriate to provide for such officials to
provide any assistance that may be agreed to.
(3) OPERATIONS.—The Secretary may carry
out this title—
(A) directly, through agreements with
other Federal entities under section 1535 of
title 31, United States Code, or otherwise; or
(B) indirectly, under contracts or agree-
ments, as the Secretary shall determine.
(e) FEES
AND
CHARGES
FOR
ADMINISTRATIVE
COSTS.—To the extent provided in appropriations Acts,
the Secretary is authorized to impose fees and charges for
application, review, licensing, and regulation, or other ac-
tions under this title, and to pay for the costs of such
activities from the fees and charges collected.
(f) GUARANTEE FEES.—The Secretary is authorized
to set and collect fees for loan guarantee commitments and
loan guarantees that the Secretary makes under this title.
(g) FUNDING.—
(1) AUTHORIZATION OF APPROPRIATIONS FOR
LOAN GUARANTEE COMMITMENTS.—For each of fis-
cal years 2000, 2001, 2002, 2003, and 2004, there
is authorized to be appropriated up to $36,000,000
for the cost (as such term is defined in section
502(5) of the Federal Credit Reform Act of 1990)
of annual loan guarantee commitments under this
title. Amounts appropriated under this paragraph
shall remain available until expended.
(2) AGGREGATE
LOAN
GUARANTEE
COMMIT-
MENT LIMITATION.—The Secretary may make com-
mitments to guarantee loans only to the extent that
the total loan principal, any part of which is guaran-
teed, will not exceed $1,000,000,000, unless another
such amount is specified in appropriation Acts for
any fiscal year.
(3) AUTHORIZATION OF APPROPRIATIONS FOR
ADMINISTRATIVE EXPENSES.—For each of the fiscal
years 2000, 2001, 2002, 2003, and 2004, there is
authorized to be appropriated $1,000,000 for admin-
istrative expenses for carrying out this title. The
Secretary may transfer amounts appropriated under
this paragraph to any appropriation account of
HUD or another agency, to carry out the program
under this title. Any agency to which the Secretary
may transfer amounts under this title is authorized
to accept such transferred amounts in any appro-
priation account of such agency.
SEC. 605. SELECTION OF APICS.
(a) ELIGIBLE APPLICANTS.—An entity shall be eligi-
ble to be selected for licensing under section 604 as an
APIC only if the entity submits an application in compli-
ance with the requirements established pursuant to sub-
section (b) and the entity meets or complies with the fol-
lowing requirements:
(1) ORGANIZATION.—The entity shall be a pri-
vate, for-profit entity that qualifies as a community
development entity for the purposes of the New Mar-
kets Tax Credits, to the extent such credits are es-
tablished under Federal law.
(2) MINIMUM PRIVATE EQUITY CAPITAL.—The
amount of private equity capital reasonably available
to the entity, as determined by the Secretary, at the
time that a license is approved may not be less than
$25,000,000.
(3) QUALIFIED
MANAGEMENT.—The manage-
ment of the entity shall, in the determination of the
Secretary, meet such standards as the Secretary
shall establish to ensure that the management of the
APIC is qualified, and has the financial expertise,
knowledge, experience, and capability necessary, to
make investments for community and economic de-
velopment in low-income communities.
(4) CONFLICT OF INTEREST.—The entity shall
demonstrate that, in accordance with sound financial
management practices, the entity is structured to
preclude financial conflict of interest between the
APIC and a manager or investor.
(5) INVESTMENT STRATEGY.—The entity shall
prepare and submit to the Secretary an investment
strategy that includes benchmarks for evaluation of
its progress, that includes an analysis of existing lo-
cally owned businesses in the communities in which
the investments under the strategy will be made,
that prioritizes such businesses for investment op-
portunities, and that fulfills the specific public pur-
pose goals of the entity.
(6) STATEMENT OF PUBLIC PURPOSE GOALS.—
The entity shall prepare and submit to the Secretary
a statement of the public purpose goals of the entity,
which shall—
(A) set forth goals that shall promote com-
munity and economic development, which shall
include—
(i) making investments in low-income
communities that further economic devel-
opment objectives by targeting such invest-
ments in businesses or trades that comply
with the requirements under subpara-
graphs (A) through (C) of section 603(10)
relating to low-income communities in a
manner that benefits low-income persons;
(ii) creating jobs in low-income com-
munities for residents of such commu-
nities;
(iii) involving community-based orga-
nizations and residents in community de-
velopment activities;
(iv) such other goals as the Secretary
shall specify; and
(v) such elements as the entity may
set forth to achieve specific public purpose
goals;
(B) include such other elements as the
Secretary shall specify; and
(C) include proposed measurements and
strategies for meeting the goals.
(7) COMPLIANCE WITH LAWS.—The entity shall
agree to comply with applicable laws, including Fed-
eral Executive orders, Office of Management and
Budget circulars, and requirements of the Depart-
ment of the Treasury, and such operating and regu-
latory requirements as the Secretary may impose
from time-to-time.
(8) OTHER.—The entity shall satisfy any other
application requirements that the Secretary may im-
pose by regulation or Federal Register notice.
(b) COMPETITIONS.—The Secretary shall select eligi-
ble entities under subsection (a) to be licensed under sec-
tion 604 as APICs on the basis of competitions. The Sec-
retary shall announce each such competition by causing
a notice to be published in the Federal Register that in-
vites applications for licenses and sets forth the require-
ments for application and such other terms of the competi-
tion not otherwise provided for, as determined by the Sec-
retary.
(c) SELECTION.—In competitions under subsection
(b), the Secretary shall select eligible entities under sub-
section (a) for licensing as APICs on the basis of—
(1) the extent to which the entity is expected to
achieve the goals of this title by meeting or exceed-
ing criteria established under subsection (d); and
(2) to the extent practicable and subject to the
existence of approvable applications, ensuring geo-
graphical diversity among the applicants selected
and diversity of APICs investment strategies, so that
urban and rural communities are both served, in the
determination of the Secretary, by the program
under this title.
(d) SELECTION CRITERIA.—The Secretary shall es-
tablish selection criteria for competitions under subsection
(b), which shall include the following criteria:
(1) CAPACITY.—
(A) MANAGEMENT.—The extent to which
the entity’s management has the quality, expe-
rience, and expertise to make and manage suc-
cessful investments for community and eco-
nomic development in low-income communities.
(B) STATE AND LOCAL COOPERATION.—
The extent to which the entity demonstrates a
capacity to cooperate with States or units of
general local government and with community-
based organizations and residents of low-income
communities.
(2) INVESTMENT
STRATEGY.—The quality of
the entity’s investment strategy submitted in accord-
ance with subsection (a)(5) and the extent to which
the investment strategy furthers the goals of this
title pursuant to paragraph (3) of this subsection.
(3) PUBLIC PURPOSE GOALS.—With respect to
the statement of public purpose goals of the entity
submitted in accordance with subsection (a)(6), and
the strategy and measurements included therein—
(A) the extent to which such goals promote
community and economic development;
(B) the extent to which such goals provide
for making qualified investments in low-income
communities that further economic development
objectives, such as—
(i) creating, within 2 years of the
completion of the initial such investment,
job opportunities, opportunities for owner-
ship, and other economic opportunities
within a low-income community, both
short-term and of a longer duration;
(ii) improving the economic vitality of
a low-income community, including stimu-
lating other business development;
(iii) bringing new income into a low-
income community and assisting in the re-
vitalization of such community;
(iv) converting real property for the
purpose of creating a site for business in-
cubation and location, or business district
revitalization;
(v) enhancing economic competition,
including the advancement of technology;
(vi) rural development;
(vii) mitigating, rehabilitating, and
reusing real property considered subject to
the Solid Waste Disposal Act (42 U.S.C.
6901 et seq.; commonly referred to as the
Resource Conservation and Recovery Act)
or restoring coal mine-scarred land;
(viii) creation of local wealth through
investments in employee stock ownership
companies or resident-owned ventures; and
(ix) any other objective that the Sec-
retary may establish to further the pur-
poses of this title;
(C) the quality of jobs to be created for
residents of low-income communities, taking
into consideration such factors as the payment
of higher wages, job security, employment bene-
fits, opportunity for advancement, and personal
asset building;
(D) the extent to which achievement of
such goals will involve community-based organi-
zations and residents in community develop-
ment activities; and
(E) the extent to which the investments re-
ferred to in subparagraph (B) are likely to ben-
efit existing small business in low-income com-
munities or will encourage the growth of small
business in such communities.
(4) OTHER.—Any other criteria that the Sec-
retary may establish to carry out the purposes of
this title.
(e) FIRST YEAR REQUIREMENTS.—
(1) NUMERICAL LIMITATION.—The number of
APICs may not, at any time during the 1-year pe-
riod that begins upon the Secretary awarding the
first license for an APIC under this title, exceed 15.
(2) LIMITATION ON ALLOCATION OF AVAILABLE
CREDIT SUBSIDY.—Of the amount of budget author-
ity initially made available for allocation under this
title for APICs, the amount allocated for any single
APIC may not exceed 20 percent.
(3) NATIVE
AMERICAN
PRIVATE
INVESTMENT
COMPANY.—Subject only to the absence of an ap-
provable application from an entity, during the 1-
year period referred to in paragraph (1), of the enti-
ties selected and licensed by the Secretary as APICs,
at least one shall be an entity that has as its pri-
mary purpose the making of qualified low-income
community investments in areas that are within In-
dian country (as such term is defined in section
1151 of title 18, United States Code) or within
lands that have status as Hawaiian home land under
section 204 of the Hawaiian Homes Commission
Act, 1920 (42 Stat. 108) or are acquired pursuant
to such Act. The Secretary may establish specific se-
lection criteria for applicants under this paragraph.
(f) COMMUNICATIONS BETWEEN HUD AND APPLI-
CANTS.—
(1) IN GENERAL.—The Secretary shall set forth
in regulations the procedures under which HUD and
applicants for APIC licenses, and others, may com-
municate. Such regulations shall—
(A) specify by position the HUD officers
and employees who may communicate with such
applicants and others;
(B) permit HUD officers and employees to
request and discuss with the applicant and oth-
ers (such as banks or other credit or business
references, or potential investors, that the appli-
cant specifies in writing) any more detailed in-
formation that may be desirable to facilitate
HUD’s review of the applicant’s application;
(C) restrict HUD officers and employees
from revealing to any applicant—
(i) the fact or chances of award of a
license to such applicant, unless there has
been a public announcement of the results
of the competition; and
(ii) any information with respect to
any other applicant; and
(D) set forth requirements for making and
keeping records of any communications con-
ducted under this subsection, including require-
ments for making such records available to the
public after the award of licenses under an ini-
tial or subsequent notice, as appropriate, under
subsection (a).
(2) TIMING.—Regulations under this subsection
may be issued as interim rules for effect on or be-
fore the date of publication of the first notice under
subsection (a), and shall apply only with respect to
applications under such notice. Regulations to imple-
ment this subsection with respect to any notice after
the first such notice shall be subject to notice and
comment rulemaking.
(3) INAPPLICABILITY OF DEPARTMENT OF HUD
ACT
PROVISION.—Section 12(e)(2) of the Depart-
ment of Housing and Urban Development Act (42
U.S.C. 3537a(e)(2)) is amended by inserting before
the period at the end the following: ‘‘or any license
provided under the America’s Private Investment
Companies Act’’.
SEC. 606. OPERATIONS OF APICS.
(a) POWERS AND AUTHORITIES.—
(1) IN
GENERAL.—An APIC shall have any
powers or authorities that—
(A) the APIC derives from the jurisdiction
in which it is organized, or that the APIC oth-
erwise has;
(B) may be conferred by a license under
this title; and
(C) the Secretary may prescribe by regula-
tion.
(2) NEW
MARKET
ASSISTANCE.—Nothing in
this title shall preclude an APIC or its investors
from receiving an allocation of New Market Tax
Credits (to the extent such credits are established
under Federal law) if the APIC satisfies any appli-
cable terms and conditions under the Internal Rev-
enue Code of 1986.
(b) INVESTMENT LIMITATIONS.—
(1) QUALIFIED
LOW-INCOME
COMMUNITY
IN-
VESTMENTS.—Substantially all investments that an
APIC makes shall be qualified low-income commu-
nity investments if the investments are financed
with—
(A) amounts available from the proceeds of
the issuance of an APIC’s qualified debenture
guaranteed under this title;
(B) proceeds of the sale of obligations de-
scribed under subsection (c)(3)(C)(iii); or
(C) the use of private equity capital, as de-
termined by the Secretary, in an amount speci-
fied in the APIC’s license.
(2) 
SINGLE
BUSINESS
INVESTMENTS.—An
APIC shall not, as a matter of sound financial prac-
tice, invest in any one business an amount that ex-
ceeds an amount equal to 35 percent of the sum
of—
(A) the APIC’s private equity capital; plus
(B) an amount equal to the percentage
limit that the Secretary determines that an
APIC may have outstanding at any one time,
under subsection (c)(2)(A).
(c) BORROWING
POWERS; QUALIFIED
DEBEN-
TURES.—
(1) ISSUANCE.—An APIC may issue qualified
debentures. The Secretary shall, by regulation, speci-
fy the terms and requirements for debentures to be
considered qualified debentures for purposes of this
title, except that the term to maturity of any quali-
fied debenture may not exceed 21 years and each
qualified debenture shall bear interest during all or
any part of that time period at a rate or rates ap-
proved by the Secretary.
(2) LEVERAGE LIMITS.—In general, as a mat-
ter of sound financial management practices—
(A) the total amount of qualified deben-
tures that an APIC issues under this title that
an APIC may have outstanding at any one time
shall not exceed an amount equal to 200 per-
cent of the private equity capital of the APIC,
as determined by the Secretary; and
(B) an APIC shall not have more than
$300,000,000 in face value of qualified deben-
tures issued under this title outstanding at any
one time.
(3) REPAYMENT.—
(A) CONDITION OF BUSINESS WIND-UP.—
An APIC shall have repaid, or have otherwise
been relieved of indebtedness, with respect to
any interest or principal amounts of borrowings
under this subsection no less than 2 years be-
fore the APIC may dissolve or otherwise com-
plete the wind-up of its business.
(B) TIMING.—An APIC may repay any in-
terest or principal amounts of borrowings under
this subsection at any time: Provided, That the
repayment of such amounts shall not relieve an
APIC of any duty otherwise applicable to the
APIC under this title, unless the Secretary or-
ders such relief.
(C) USE OF INVESTMENT PROCEEDS BE-
FORE REPAYMENT.—Until an APIC has repaid
all interest and principal amounts on APIC bor-
rowings under this subsection, an APIC may
use the proceeds of investments, in accordance
with regulations issued by the Secretary, only
to—
(i) pay for proper costs and expenses
the APIC incurs in connection with such
investments;
(ii) pay for the reasonable administra-
tive expenses of the APIC;
(iii) purchase Treasury securities;
(iv) repay interest and principal
amounts on APIC borrowings under this
subsection;
(v) make interest, dividend, or other
distributions to or on behalf of an investor;
or
(vi) undertake such other purposes as
the Secretary may approve.
(D) USE
OF
INVESTMENT
PROCEEDS
AFTER REPAYMENT.—After an APIC has re-
paid all interest and principal amounts on
APIC borrowings under this subsection, and
subject to continuing compliance with sub-
section (a), the APIC may use the proceeds
from investments to make interest, dividend, or
other distributions to or on behalf of investors
in the nature of returns on capital, or the with-
drawal of private equity capital, without regard
to subparagraph (C) but in conformity with the
APIC’s investment strategy and statement of
public purpose goals.
(d) REUSE
OF
QUALIFIED
DEBENTURE
PRO-
CEEDS.—An APIC may use the proceeds of sale of Treas-
ury securities purchased under subsection (c)(3)(C)(iii) to
make qualified low-income community investments, sub-
ject to the Secretary’s approval. In making the request
for the Secretary’s approval, the APIC shall follow the
procedures applicable to an APIC’s request for HUD
guarantee action, as the Secretary may modify such proce-
dures for implementation of this subsection. Such proce-
dures shall include the description and certifications that
an APIC must include in all requests for guarantee action,
and the environmental certification applicable to initial ex-
penditures for a project or activity.
(e) ANTIPIRATING.—Notwithstanding any other pro-
vision of law, an APIC may not use any private equity
capital required to be contributed under this title, or the
proceeds from the sale of any qualified debenture under
this title, to make an investment, as determined by the
Secretary, to assist directly in the relocation of any indus-
trial or commercial plant, facility, or operation, from one
area to another area, if the relocation is likely to result
in a significant loss of employment in the labor market
area from which the relocation occurs.
(f) EXCLUSION
OF APIC FROM DEFINITION
OF
DEBTOR
UNDER
BANKRUPTCY
PROVISIONS.—Section
109(b)(2) of title 11, United States Code, is amended by
inserting before ‘‘credit union’’ the following: ‘‘America’s
Private Investment Company licensed under the America’s
Private Investment Companies Act,’’.
SEC. 607. CREDIT ENHANCEMENT BY THE FEDERAL GOV-
ERNMENT.
(a) ISSUANCE AND GUARANTEE OF QUALIFIED DE-
BENTURES.—
(1) AUTHORITY.—To the extent consistent with
the Federal Credit Reform Act of 1990, the Sec-
retary is authorized to make commitments to guar-
antee and guarantee the timely payment of all prin-
cipal and interest as scheduled on qualified deben-
tures issued by APICs. Such commitments and
guarantees may only be made in accordance with the
terms and conditions established under paragraph
(2).
(2) TERMS AND CONDITIONS.—The Secretary
shall establish such terms and conditions as the Sec-
retary determines to be appropriate for commit-
ments and guarantees under this subsection, includ-
ing terms and conditions relating to amounts, expi-
ration, number, priorities of repayment, security,
collateral, amortization, payment of interest (includ-
ing the timing thereof), and fees and charges. The
terms and conditions applicable to any particular
commitment or guarantee may be established in doc-
uments that the Secretary approves for such com-
mitment or guarantee.
(3) SENIORITY.—Notwithstanding any other
provision of Federal law or any law or the constitu-
tion of any State, qualified debentures guaranteed
under this subsection by the Secretary shall be sen-
ior to any other debt obligation, equity contribution
or earnings, or the distribution of dividends, inter-
est, or other amounts, of an APIC.
(b) ISSUANCE OF TRUST CERTIFICATES.—The Sec-
retary, or an agent or entity selected by the Secretary,
100
is authorized to issue trust certificates representing own-
ership of all or a fractional part of guaranteed qualified
debentures issued by APICs and held in trust.
(c) GUARANTEE OF TRUST CERTIFICATES.—
(1) IN GENERAL.—The Secretary is authorized,
upon such terms and conditions as the Secretary de-
termines to be appropriate, to guarantee the timely
payment of the principal of and interest on trust
certificates issued by the Secretary, or an agent or
other entity, for purposes of this section. Such guar-
antee shall be limited to the extent of principal and
interest on the guaranteed qualified debentures
which compose the trust.
(2) SUBSTITUTION
OPTION.—The Secretary
shall have the option to replace in the corpus of the
trust any prepaid or defaulted qualified debenture
with a debenture, another full faith and credit in-
strument, or any obligations of the United States,
that may reasonably substitute for such prepaid or
defaulted qualified debenture.
(3) PROPORTIONATE REDUCTION OPTION.—In
the event that the Secretary elects not to exercise
the option under paragraph (2), and a qualified de-
benture in such trust is prepaid, or in the event of
default of a qualified debenture, the guarantee of
101
timely payment of principal and interest on the trust
certificate shall be reduced in proportion to the
amount of principal and interest that such prepaid
qualified debenture represents in the trust. Interest
on prepaid or defaulted qualified debentures shall
accrue and be guaranteed by the Secretary only
through the date of payment of the guarantee. Dur-
ing the term of a trust certificate, it may be called
for redemption due to prepayment or default of all
qualified debentures that are in the corpus of the
trust.
(d) FULL FAITH AND CREDIT BACKING OF GUARAN-
TEES.—The full faith and credit of the United States is
pledged to the timely payment of all amounts which may
be required to be paid under any guarantee by the Sec-
retary pursuant to this section.
(e) SUBROGATION AND LIENS.—
(1) SUBROGATION.—In the event the Secretary
pays a claim under a guarantee issued under this
section, the Secretary shall be subrogated fully to
the rights satisfied by such payment.
(2) PRIORITY
OF
LIENS.—No State or local
law, and no Federal law, shall preclude or limit the
exercise by the Secretary of its ownership rights in
102
the debentures in the corpus of a trust under this
section.
(f) REGISTRATION.—
(1) IN GENERAL.—The Secretary shall provide
for a central registration of all trust certificates
issued pursuant to this section.
(2) AGENTS.—The Secretary may contract with
an agent or agents to carry out on behalf of the Sec-
retary the pooling and the central registration func-
tions of this section notwithstanding any other provi-
sion of law, including maintenance on behalf of and
under the direction of the Secretary, such commer-
cial bank accounts or investments in obligations of
the United States as may be necessary to facilitate
trusts backed by qualified debentures guaranteed
under this title and the issuance of trust certificates
to facilitate formation of the corpus of the trusts.
The Secretary may require such agent or agents to
provide a fidelity bond or insurance in such amounts
as the Secretary determines to be necessary to pro-
tect the interests of the Government.
(3) FORM.—Book-entry or other electronic
forms of registration for trust certificates under this
title are authorized.
103
(g) TIMING
OF ISSUANCE
OF GUARANTEES
OF
QUALIFIED DEBENTURES AND TRUST CERTIFICATES.—
The Secretary may, from time to time in the Secretary’s
discretion, exercise the authority to issue guarantees of
qualified debentures under this title or trust certificates
under this title.
SEC. 608. APIC REQUESTS FOR GUARANTEE ACTIONS.
(a) IN GENERAL.—The Secretary may issue a guar-
antee under this title for a qualified debenture that an
APIC intends to issue only pursuant to a request to the
Secretary by the APIC for such guarantee that is made
in accordance with regulations governing the content and
procedures for such requests, that the Secretary shall pre-
scribe. Such regulations shall provide that each such re-
quest shall include—
(1) a description of the manner in which the
APIC intends to use the proceeds from the qualified
debenture;
(2) a certification by the APIC that the APIC
is in substantial compliance with—
(A) this title and other applicable laws, in-
cluding any requirements established under this
title by the Secretary;
(B) all terms and conditions of its license,
any cease-and-desist order issued under section
104
610, and of any penalty or condition that may
have arisen from examination or monitoring by
the Secretary or otherwise, including the satis-
faction of any financial audit exception that
may have been outstanding; and
(C) all requirements relating to the alloca-
tion and use of New Markets Tax Credits, to
the extent such credits are established under
Federal law; and
(3) any other information or certification that
the Secretary considers appropriate.
(b) REQUESTS FOR GUARANTEE OF QUALIFIED DE-
BENTURES THAT INCLUDE FUNDING FOR INITIAL EX-
PENDITURE FOR A PROJECT OR ACTIVITY.—In addition
to the description and certification that an APIC is re-
quired to supply in all requests for guarantee action under
subsection (a), in the case of an APIC’s request for a
guarantee that includes a qualified debenture, the pro-
ceeds of which the APIC expects to be used as its initial
expenditure for a project or activity in which the APIC
intends to invest, and the expenditure for which would re-
quire an environmental assessment under the National
Environmental Policy Act of 1969 and other related laws
that further the purposes of such Act, such request for
guarantee action shall include evidence satisfactory to the
105
Secretary of the certification of the completion of environ-
mental review of the project or activity required of the cog-
nizant State or local government under subsection (c). If
the environmental review responsibility for the project or
activity has not been assumed by a State or local govern-
ment under subsection (c), then the Secretary shall be re-
sponsible for carrying out the applicable responsibilities
under the National Environmental Policy Act of 1969 and
other provisions of law that further the purposes of such
Act that relate to the project or activity, and the Secretary
shall execute such responsibilities before acting on the
APIC’s request for the guarantee that is covered by this
subsection.
(c) RESPONSIBILITY
FOR
ENVIRONMENTAL
RE-
VIEWS.—
(1) EXECUTION
OF
RESPONSIBILITY
BY
THE
SECRETARY.—This subsection shall apply to guaran-
tees by the Secretary of qualified debentures under
this title, the proceeds of which would be used in
connection with qualified low-income community in-
vestments of APICs under this title.
(2) ASSUMPTION OF RESPONSIBILITY BY COG-
NIZANT UNIT OF GENERAL GOVERNMENT.—
(A) GUARANTEE
OF
QUALIFIED
DEBEN-
TURES.—In order to assure that the policies of
106
the National Environmental Policy Act of 1969
and other provisions of law that further the
purposes of such Act (as specified in regula-
tions issued by the Secretary) are most effec-
tively implemented in connection with the ex-
penditure of funds under this title, and to as-
sure to the public undiminished protection of
the environment, the Secretary may, under such
regulations, in lieu of the environmental protec-
tion procedures otherwise applicable, provide for
the guarantee of qualified debentures, any part
of the proceeds of which are to fund particular
qualified low-income community investments of
APICs under this title, if a State or unit of
general local government, as designated by the
Secretary in accordance with regulations issued
by the Secretary, assumes all of the responsibil-
ities for environmental review, decisionmaking,
and action pursuant to the National Environ-
mental Policy Act of 1969 and such other pro-
visions of law that further such Act as the reg-
ulations of the Secretary specify, that would
otherwise apply to the Secretary were the Sec-
retary to undertake the funding of such invest-
ments as a Federal action.
107
(B) 
IMPLEMENTATION.—The 
Secretary
shall issue regulations to carry out this sub-
section only after consultation with the Council
on Environmental Quality. Such regulations
shall—
(i) specify any other provisions of law
which further the purposes of the National
Environmental Policy Act of 1969 and to
which the assumption of responsibility as
provided in this subsection applies;
(ii) provide eligibility criteria and pro-
cedures for the designation of a State or
unit of general local government to assume
all of the responsibilities in this subsection;
(iii) specify the purposes for which
funds may be committed without regard to
the procedure established under paragraph
(3);
(iv) provide for monitoring of the per-
formance of environmental reviews under
this subsection;
(v) in the discretion of the Secretary,
provide for the provision or facilitation of
training for such performance; and
108
(vi) subject to the discretion of the
Secretary, provide for suspension or termi-
nation by the Secretary of the assumption
under subparagraph (A).
(C) RESPONSIBILITIES
OF
STATES
AND
UNITS OF GENERAL LOCAL GOVERNMENT.—The
Secretary’s duty under subparagraph (B) shall
not be construed to limit any responsibility as-
sumed by a State or unit of general local gov-
ernment with respect to any particular request
for guarantee under subparagraph (A), or the
use of funds for a qualified investment.
(3) PROCEDURE.—Subject to compliance by the
APIC with the requirements of this title, the Sec-
retary shall approve the request for guarantee of a
qualified debenture, any part of the proceeds of
which is to fund particular qualified low-income
community investments of an APIC under this title,
that is subject to the procedures authorized by this
subsection only if, not less than 15 days prior to
such approval and prior to any commitment of funds
to such investment (except for such purposes speci-
fied in the regulations issued under paragraph
(2)(B)), the APIC submits to the Secretary a re-
quest for guarantee of a qualified debenture that is
109
accompanied by evidence of a certification of the
State or unit of general local government which
meets the requirements of paragraph (4). The ap-
proval by the Secretary of any such certification
shall be deemed to satisfy the Secretary’s respon-
sibilities pursuant to paragraph (1) under the Na-
tional Environmental Policy Act of 1969 and such
other provisions of law as the regulations of the Sec-
retary specify insofar as those responsibilities relate
to the guarantees of qualified debentures, any parts
of the proceeds of which are to fund such invest-
ments, which are covered by such certification.
(4) CERTIFICATION.—A certification under the
procedures authorized by this subsection shall—
(A) be in a form acceptable to the Sec-
retary;
(B) be executed by the chief executive offi-
cer or other officer of the State or unit of gen-
eral local government who qualifies under regu-
lations of the Secretary;
(C) specify that the State or unit of gen-
eral local government under this subsection has
fully carried out its responsibilities as described
under paragraph (2); and
(D) specify that the certifying officer—
110
(i) consents to assume the status of a
responsible Federal official under the Na-
tional Environmental Policy Act of 1969
and each provision of law specified in regu-
lations issued by the Secretary insofar as
the provisions of such Act or other such
provision of law apply pursuant to para-
graph (2); and
(ii) is authorized and consents on be-
half of the State or unit of general local
government and himself or herself to ac-
cept the jurisdiction of the Federal courts
for the purpose of enforcement of the re-
sponsibilities as such an official.
SEC. 609. EXAMINATION AND MONITORING OF APICS.
(a) IN GENERAL.—The Secretary shall, under regula-
tions, through audits, performance agreements, license
conditions, or otherwise, examine and monitor the oper-
ations and activities of APICs for compliance with sound
financial management practices, and for satisfaction of the
program and procedural goals of this title and other re-
lated Acts. The Secretary may undertake any responsi-
bility under this section in cooperation with an APIC liai-
son committee, or any agency that is a member of such
a committee, or other agency.
111
(b) MONITORING, UPDATING, AND PROGRAM RE-
VIEW.—
(1) REPORTING
AND
UPDATING.—The Sec-
retary shall establish such annual or more frequent
reporting requirements for APICs, and such require-
ments for the updating of the statement of public
purpose goals, investment strategy (including the
benchmarks in such strategy), and other documents
that may have been used in the license application
process under this title, as the Secretary determines
necessary to assist the Secretary in monitoring the
compliance and performance of APICs.
(2) ANNUAL AUDITS.—The Secretary shall re-
quire each APIC to have an independent audit con-
ducted annually of the operations of the APIC. The
Secretary, in consultation with the Administrator
and the Secretary of the Treasury, shall establish re-
quirements and standards for such audits, including
requirements that such audits be conducted in ac-
cordance with generally accepted accounting prin-
ciples, that the APIC submit the results of the audit
to Secretary, and that specify the information to be
submitted.
(3) EXAMINATIONS.—The Secretary shall, no
less often than once every 2 years, examine the oper-
112
ations and portfolio of each APIC licensed under
this title for compliance with sound financial man-
agement practices, and for compliance with this title.
(4) EXAMINATION STANDARDS.—
(A) 
SOUND
FINANCIAL
MANAGEMENT
PRACTICES.—The Secretary shall examine each
APIC to ensure, as a matter of sound financial
management practices, substantial compliance
with this and other applicable laws, including
Federal executive orders, Department of Treas-
ury and Office of Management and Budget
guidance, circulars, and application and licens-
ing requirements on a continuing basis. The
Secretary may, by regulation, establish any ad-
ditional standards for sound financial manage-
ment practices, including standards that ad-
dress solvency and financial exposure.
(B) PERFORMANCE AND OTHER EXAMINA-
TIONS.—The Secretary shall monitor each
APIC’s progress in meeting the goals in the
APIC’s statement of public purpose goals, exe-
cuting the APIC’s investment strategy, and
other matters.
(c) INSPECTOR GENERAL RESPONSIBILITY.—In car-
rying out monitoring of HUD’s responsibilities under this
113
title and for purposes of ensuring that the program under
this title is operated in accordance with sound financial
management practices, the Inspector General of the De-
partment of Housing and Urban Development shall con-
sult with the Inspector General of the Department of the
Treasury and the Inspector General of the Small Business
Administration, as appropriate, and may enter into such
agreements and memoranda of understanding as may be
necessary to obtain the cooperation of the Inspectors Gen-
eral of the Department of the Treasury and the Small
Business Administration in carrying out such function.
(d) ANNUAL REPORT BY SECRETARY.—The Sec-
retary shall submit a report to the Congress annually re-
garding the operations, activities, financial health, and
achievements of the APIC program under this title. The
report shall list each investment made by an APIC and
include a summary of the examinations conducted under
subsection (b)(3), the guarantee actions of HUD, and any
regulatory or policy actions taken by HUD. The report
shall distinguish recently licensed APICs from APICs that
have held licenses for a longer period for purposes of indi-
cating program activities and performance.
(e) GAO REPORT.—
(1) REQUIREMENT.—Not later than 2 years
after the date of the enactment of this Act, the
114
Comptroller General of the United States shall sub-
mit a report to the Congress regarding the operation
of the program under this title for licensing and
guarantees for APICs.
(2) CONTENTS.—The report shall include—
(A) an analysis of the operations and mon-
itoring by HUD of the APIC program under
this title;
(B) the administrative and capacity needs
of HUD required to ensure the integrity of the
program;
(C) the extent and adequacy of any credit
subsidy appropriated for the program; and
(D) the management of financial risk and
liability of the Federal Government under the
program.
SEC. 610. PENALTIES.
(a) VIOLATIONS SUBJECT TO PENALTY.—The Sec-
retary may impose a penalty under this subsection on any
APIC or manager of an APIC that, by any act, practice,
or failure to act, engages in fraud, mismanagement, or
noncompliance with this title, the regulations under this
title, or a condition of the APIC’s license under this title.
The Secretary shall, by regulation, identify, by generic de-
115
scription of a role or responsibilities, any manager of an
APIC that is subject to a penalty under this section.
(b) PENALTIES REQUIRING NOTICE AND AN OPPOR-
TUNITY TO RESPOND.—If, after notice in writing to an
APIC or the manager of an APIC that the APIC or man-
ager has engaged in any action, practice, or failure to act
that, under subsection (a), is subject to a penalty, and
after an opportunity for the APIC or manager to respond
to the notice, the Secretary determines that the APIC or
manager engaged in such action or failure to act, the Sec-
retary may, in addition to other penalties imposed—
(1) assess a civil money penalty, except than
any civil money penalty under this subsection shall
be in an amount not exceeding $10,000;
(2) issue an order to cease and desist with re-
spect to such action, practice, or failure to act of the
APIC or manager;
(3) suspend, or condition the use of, the APIC’s
license, including deferring, for the period of the
suspension, any commitment to guarantee any new
qualified debenture of the APIC, except that any
suspension or condition under this paragraph may
not exceed 90 days; and
116
(4) impose any other penalty that the Secretary
determines to be less burdensome to the APIC than
a penalty under subsection (c).
(c) PENALTIES REQUIRING NOTICE
AND HEAR-
ING.—If, after notice in writing to an APIC or the man-
ager of an APIC that an APIC or manager has engaged
in any action, practice, or failure to act that, under sub-
section (a), is subject to a penalty, and after an oppor-
tunity for administrative hearing, the Secretary deter-
mines that the APIC or manager engaged in such action
or failure to act, the Secretary may—
(1) assess a civil money penalty against the
APIC or a manager in any amount;
(2) require the APIC to divest any interest in
an investment, on such terms and conditions as the
Secretary may impose; or
(3) revoke the APIC’s license.
(d) EFFECTIVE DATE OF PENALTIES.—
(1) PRIOR NOTICE REQUIREMENT.—Except as
provided in paragraph (2) of this subsection, a pen-
alty under subsection (b) or (c) shall not be due and
payable and shall not otherwise take effect or be
subject to enforcement by an order of a court, before
notice of the penalty is published in the Federal
Register.
117
(2) CEASE-AND-DESIST ORDERS AND SUSPEN-
SION OR CONDITIONING OF LICENSE.—In the case of
a cease-and-desist order under subsection (b)(2) or
the suspension or conditioning of an APIC’s license
under subsection (b)(3), the following procedures
shall apply:
(A) ACTION
WITHOUT
PUBLISHED
NO-
TICE.—The Secretary may order an APIC or
manager to cease and desist from an action,
practice, or failure to act or may suspend or
condition an APIC’s license, for not more than
45 days without prior publication of notice in
the Federal Register, but such cease-and-desist
order or suspension or conditioning shall take
effect only after the Secretary has issued a
written notice (which may include a writing in
electronic form) of such action to the APIC.
Notwithstanding subsection (b), such written
notice shall be effective without regard to
whether the APIC has been accorded an oppor-
tunity to respond. Upon such notice, such
cease-and-desist order or suspension or condi-
tioning shall be subject to enforcement by an
order of a court.
118
(B) PUBLICATION OF NOTICE OF SUSPEN-
SION OR CONDITIONING OF LICENSE.—Upon a
suspension or conditioning of a license taking
effect pursuant to subparagraph (A), the Sec-
retary shall promptly cause a notice of suspen-
sion or conditioning of such license for a period
of not more than 90 days to be published in the
Federal Register. The Secretary shall provide
the APIC an opportunity to respond to such no-
tice. For purposes of the determining the dura-
tion of the period of any suspension or condi-
tioning under this subparagraph, the first day
of such period shall be the day of issuance of
the written notice under this paragraph of the
suspension or conditioning.
(C) REVOCATION
OF
LICENSE.—During
the period of the suspension or conditioning of
an APIC’s license, the Secretary may take ac-
tion under subsection (c)(3) to revoke the li-
cense of the APIC, in accordance with the pro-
cedures applicable to such subsection. Notwith-
standing any other provision of this section, if
the Secretary takes such action, the Secretary
may extend the suspension or conditioning of
the APIC’s license, for one or more periods of
119
not more than 90 days each, by causing notice
of such action to be published in the Federal
Register—
(i) for the first such extension, before
the expiration of the period under subpara-
graph (B); and
(ii) for any subsequent extension, be-
fore the expiration of the preceding exten-
sion period under this subparagraph.
(D) TERM OF EFFECTIVENESS.—A cease-and-
desist order or the suspension or conditioning of an
APIC’s license by the Secretary under this para-
graph shall remain in effect in accordance with the
terms of the order, suspension, or conditioning until
final adjudication in any action undertaken to chal-
lenge the order, or the suspension or conditioning, or
the revocation, of an APIC’s license.
SEC. 611. EFFECTIVE DATE.
(a) IN GENERAL.—Except as provided in subsection
(b), this title shall take effect upon the expiration of the
6-month period beginning on the date of the enactment
of this Act.
(b) ISSUANCE OF REGULATIONS AND GUIDELINES.—
Any authority under this title of the Secretary, the Admin-
istrator, and the Secretary of the Treasury to issue regula-
120
tions, standards, guidelines, or licensing requirements,
and any authority of such officials to consult or enter into
agreements or memoranda of understanding regarding
such issuance, shall take effect on the date of the enact-
ment of this Act.
SEC. 612. SUNSET.
After the expiration of the 5-year period beginning
upon the date that the Secretary awards the first license
for an APIC under this title—
(1) the Secretary may not license any APIC;
and
(2) no amount may be appropriated for the
costs (as such term is defined in section 502 of the
Federal Credit Reform Act of 1990 (2 U.S.C. 661c))
of any guarantee under this title for any debenture
issued by an APIC.
This section may not be construed to prohibit, limit, or
affect the award, allocation, or use of any budget authority
for the costs of such guarantees that is appropriated be-
fore the expiration of such period.
121
TITLE VII—OTHER COMMUNITY
RENEWAL 
AND 
NEW 
MAR-
KETS ASSISTANCE
SEC. 701. TRANSFER OF UNOCCUPIED AND SUBSTANDARD
HUD-HELD HOUSING TO LOCAL GOVERN-
MENTS 
AND 
COMMUNITY 
DEVELOPMENT
CORPORATIONS.
Section 204 of the Departments of Veterans Affairs
and Housing and Urban Development, and Independent
Agencies Appropriations Act, 1997 (12 U.S.C. 1715z–
11a) is amended—
(1) by striking ‘‘FLEXIBLE AUTHORITY.—’’ and
inserting ‘‘DISPOSITION
OF HUD-OWNED PROP-
ERTIES. (a) FLEXIBLE AUTHORITY
FOR MULTI-
FAMILY PROJECTS.—’’; and
(2) by adding at the end the following new sub-
section:
‘‘(b) TRANSFER OF UNOCCUPIED AND SUBSTANDARD
HOUSING
TO LOCAL GOVERNMENTS
AND COMMUNITY
DEVELOPMENT CORPORATIONS.—
‘‘(1) TRANSFER AUTHORITY.—Notwithstanding
the authority under subsection (a) and the last sen-
tence of section 204(g) of the National Housing Act
(12 U.S.C. 1710(g)), the Secretary of Housing and
Urban Development shall transfer ownership of any
123
‘‘(C) an unoccupied single family property
that—
‘‘(i) has been determined by the Sec-
retary not to be an eligible asset under sec-
tion 204(h) of the National Housing Act
(12 U.S.C. 1710(h)); or
‘‘(ii) is an eligible asset under such
section 204(h), but—
‘‘(I) is not subject to a specific
sale agreement under such section;
and
‘‘(II) has been determined by the
Secretary to be inappropriate for con-
tinued inclusion in the program under
such section 204(h) pursuant to para-
graph (10) of such section.
‘‘(3) TIMING.—The Secretary shall establish
procedures that provide for—
‘‘(A) time deadlines for transfers under
this subsection;
‘‘(B) notification to units of general local
government and community development cor-
porations of qualified HUD properties in their
jurisdictions;
124
‘‘(C) such units and corporations to ex-
press interest in the transfer under this sub-
section of such properties;
‘‘(D) a right of first refusal for transfer of
qualified HUD properties to units of general
local government and community development
corporations, under which—
‘‘(i) the Secretary shall establish a pe-
riod during which the Secretary may not
transfer such properties except to such
units and corporations;
‘‘(ii) the Secretary shall offer qualified
HUD properties that are single family
properties for purchase by units of general
local government at a cost of $1 for each
property, but only to the extent that the
costs to the Federal Government of dis-
posal at such price do not exceed the costs
to the Federal Government of disposing of
property subject to the procedures for sin-
gle family property established by the Sec-
retary pursuant to the authority under the
last sentence of section 204(g) of the Na-
tional Housing Act (12 U.S.C. 1710(g));
125
‘‘(iii) the Secretary may accept an
offer to purchase a property made by a
community development corporation only if
the offer provides for purchase on a cost
recovery basis; and
‘‘(iv) the Secretary shall accept an
offer to purchase such a property that is
made during such period by such a unit or
corporation and that complies with the re-
quirements of this paragraph;
‘‘(E) a written explanation, to any unit of
general local government or community develop-
ment corporation making an offer to purchase
a qualified HUD property under this subsection
that is not accepted, of the reason that such
offer was not acceptable.
‘‘(4) OTHER
DISPOSITION.—With respect to
any qualified HUD property, if the Secretary does
not receive an acceptable offer to purchase the prop-
erty pursuant to the procedure established under
paragraph (3), the Secretary shall dispose of the
property to the unit of general local government in
which property is located or to community develop-
ment corporations located in such unit of general
local government on a negotiated, competitive bid, or
126
other basis, on such terms as the Secretary deems
appropriate.
‘‘(5) SATISFACTION
OF
INDEBTEDNESS.—Be-
fore transferring ownership of any qualified HUD
property pursuant to this subsection, the Secretary
shall satisfy any indebtedness incurred in connection
with the property to be transferred, by canceling the
indebtedness.
‘‘(6) DETERMINATION
OF
STATUS
OF
PROP-
ERTIES.—To ensure compliance with the require-
ments of this subsection, the Secretary shall take the
following actions:
‘‘(A) UPON ENACTMENT.—Upon the enact-
ment of this subsection, the Secretary shall
promptly assess each residential property owned
by the Secretary to determine whether such
property is a qualified HUD property.
‘‘(B) UPON ACQUISITION.—Upon acquiring
any residential property, the Secretary shall
promptly determine whether the property is a
qualified HUD property.
‘‘(C) UPDATES.—The Secretary shall peri-
odically reassess the residential properties
owned by the Secretary to determine whether
127
any such properties have become qualified
HUD properties.
‘‘(7) TENANT LEASES.—This subsection shall
not affect the terms or the enforceability of any con-
tract or lease entered into with respect to any resi-
dential property before the date that such property
becomes a qualified HUD property.
‘‘(8) USE OF PROPERTY.—Property transferred
under this subsection shall be used only for appro-
priate neighborhood revitalization efforts, including
homeownership, rental units, commercial space, and
parks, consistent with local zoning regulations, local
building codes, and subdivision regulations and re-
strictions of record.
‘‘(9) INAPPLICABILITY
TO
PROPERTIES
MADE
AVAILABLE FOR HOMELESS.—Notwithstanding any
other provision of this subsection, this subsection
shall not apply to any properties that the Secretary
determines are to be made available for use by the
homeless pursuant to subpart E of part 291 of title
24, Code of Federal Regulations, during the period
that the properties are so available.
‘‘(10) PROTECTION OF EXISTING CONTRACTS.—
This subsection may not be construed to alter, af-
fect, or annul any legally binding obligations entered
128
into with respect to a qualified HUD property before
the property becomes a qualified HUD property.
‘‘(11) DEFINITIONS.—For purposes of this sub-
section, the following definitions shall apply:
‘‘(A) COMMUNITY
DEVELOPMENT
COR-
PORATION.—The term ‘community development
corporation’ means a nonprofit organization
whose primary purpose is to promote commu-
nity development by providing housing opportu-
nities for low-income families.
‘‘(B) COST RECOVERY BASIS.—The term
‘cost recovery basis’ means, with respect to any
sale of a residential property by the Secretary,
that the purchase price paid by the purchaser
is equal to or greater than the sum of: (i) the
appraised value of the property, as determined
in accordance with such requirements as the
Secretary shall establish; and (ii) the costs in-
curred by the Secretary in connection with such
property during the period beginning on the
date on which the Secretary acquires title to the
property and ending on the date on which the
sale is consummated.
‘‘(C) MULTIFAMILY HOUSING PROJECT.—
The term ‘multifamily housing project’ has the
129
meaning given the term in section 203 of the
Housing and Community Development Amend-
ments of 1978.
‘‘(D) RESIDENTIAL PROPERTY.—The term
‘residential property’ means a property that is
a multifamily housing project or a single family
property.
‘‘(E) SECRETARY.—The term ‘Secretary’
means the Secretary of Housing and Urban De-
velopment.
‘‘(F) SEVERE PHYSICAL PROBLEMS.—The
term ‘severe physical problems’ means, with re-
spect to a dwelling unit, that the unit—
‘‘(i) lacks hot or cold piped water, a
flush toilet, or both a bathtub and a show-
er in the unit, for the exclusive use of that
unit;
‘‘(ii) on not less than three separate
occasions during the preceding winter
months, was uncomfortably cold for a pe-
riod of more than 6 consecutive hours due
to a malfunction of the heating system for
the unit;
‘‘(iii) has no functioning electrical
service, exposed wiring, any room in which
130
there is not a functioning electrical outlet,
or has experienced three or more blown
fuses or tripped circuit breakers during the
preceding 90-day period;
‘‘(iv) is accessible through a public
hallway in which there are no working
light fixtures, loose or missing steps or
railings, and no elevator; or
‘‘(v) has severe maintenance problems,
including water leaks involving the roof,
windows, doors, basement, or pipes or
plumbing fixtures, holes or open cracks in
walls or ceilings, severe paint peeling or
broken plaster, and signs of rodent infesta-
tion.
‘‘(G) SINGLE
FAMILY
PROPERTY.—The
term ‘single family property’ means a 1- to 4-
family residence.
‘‘(H) SUBSTANDARD.—The term ‘sub-
standard’ means, with respect to a multifamily
housing project, that 25 percent or more of the
dwelling units in the project have severe phys-
ical problems.
‘‘(I) UNIT OF GENERAL LOCAL GOVERN-
MENT.—The term ‘unit of general local govern-
131
ment’ has the meaning given such term in sec-
tion 102(a) of the Housing and Community De-
velopment Act of 1974.
‘‘(J) UNOCCUPIED.—The term ‘unoccu-
pied’ means, with respect to a residential prop-
erty, that the unit of general local government
having jurisdiction over the area in which the
project is located has certified in writing that
the property is not inhabited.
‘‘(12) REGULATIONS.—
‘‘(A) INTERIM.—Not later than 30 days
after the date of the enactment of this sub-
section, the Secretary shall issue such interim
regulations as are necessary to carry out this
subsection.
‘‘(B) FINAL.—Not later than 60 days after
the date of the enactment of this subsection,
the Secretary shall issue such final regulations
as are necessary to carry out this subsection.’’.
SEC. 702. TRANSFER OF HUD ASSETS IN REVITALIZATION
AREAS.
In carrying out the program under section 204(h) of
the National Housing Act (12 U.S.C. 1710(h)), upon the
request of the chief executive officer of a county or the
government of appropriate jurisdiction and not later than
132
60 days after such request is made, the Secretary of Hous-
ing and Urban Development shall designate as a revital-
ization area all portions of such county that meet the cri-
teria for such designation under paragraph (3) of such
section.
SEC. 703. RISK-SHARING DEMONSTRATION.
Section 249 of the National Housing Act (12 U.S.C.
1715z–14) is amended—
(1) by striking the section heading and insert-
ing the following:
‘‘RISK-SHARING DEMONSTRATION’’;
(2) by striking ‘‘reinsurance’’ each place such
term appears and insert ‘‘risk-sharing’’;
(3) in subsection (a)—
(A) in the first sentence, by inserting ‘‘and
insured community development financial insti-
tutions’’ after ‘‘private mortgage insurers’’;
(B) in the second sentence—
(i) by striking ‘‘two’’ and inserting
‘‘4’’; and
(ii) by striking ‘‘March 15, 1988’’ and
inserting ‘‘the expiration of the 5-year pe-
riod beginning on the date of the enact-
ment of the Community Renewal and New
Market Act of 2000’’; and
133
(C) in the last sentence, by striking ‘‘10
percent’’ and inserting ‘‘20 percent’’;
(4) in subsection (b)—
(A) in the first sentence, by inserting ‘‘and
with insured community development financial
institutions’’ before the period at the end;
(B) in the first sentence, by striking
‘‘which have been determined to be qualified in-
surers under section 302(b)(2)(C)’’;
(C) in the second sentence, by inserting
‘‘and insured community development financial
institutions’’ after ‘‘private mortgage insurance
companies’’;
(D) by striking paragraph (1) and insert-
ing the following new paragraph:
‘‘(1) assume the first loss on any mortgage in-
sured pursuant to section 203(b), 234, or 245 that
covers a one- to four-family dwelling and is included
in the program under this section, up to the percent-
age of loss that is set forth in the risk-sharing con-
tract;’’; and
(E) in paragraph (2)—
(i) by striking ‘‘carry out (under ap-
propriate delegation) such’’ and inserting
‘‘delegate underwriting,’’; and
134
(ii) by striking ‘‘function’’ and insert-
ing ‘‘functions’’;
(5) in subsection (c)—
(A) in the first sentence—
(i) by striking ‘‘of’’ the first place it
appears and insert ‘‘for’’;
(ii) by striking ‘‘insurance reserves’’
and inserting ‘‘loss reserves’’; and
(iii) by striking ‘‘such insurance’’ and
inserting ‘‘such reserves’’; and
(B) in the second sentence, by inserting
‘‘or insured community development financial
institution’’ after ‘‘private mortgage insurance
company’’;
(6) in subsection (d), by inserting ‘‘or insured
community development financial institution’’ after
‘‘private mortgage insurance company’’; and
(7) by adding at the end the following new sub-
section:
‘‘(e) INSURED COMMUNITY DEVELOPMENT FINAN-
CIAL INSTITUTIONS.—For purposes of this section, the
term ‘insured community development financial institu-
tion’ means a community development financial institu-
tion, as such term is defined in section 103 of Reigle Com-
munity Development and Regulatory Improvement Act of
135
1994 (12 U.S.C. 4702) that is an insured depository insti-
tution (as such term is defined in section 3 of the Federal
Deposit Insurance Act (12 U.S.C. 1813)) or an insured
credit union (as such term is defined in section 101 of
the Federal Credit Union Act (12 U.S.C. 1752)).’’.
SEC. 704. PREVENTION AND TREATMENT OF SUBSTANCE
ABUSE; SERVICES PROVIDED THROUGH RELI-
GIOUS ORGANIZATIONS.
Title V of the Public Health Service Act (42 U.S.C.
290aa et seq.) is amended by adding at the end the fol-
lowing part:
‘‘PART G—SERVICES PROVIDED THROUGH RELIGIOUS
ORGANIZATIONS
‘‘SEC. 581. APPLICABILITY TO DESIGNATED PROGRAMS.
‘‘(a) DESIGNATED
PROGRAMS.—Subject to sub-
section (b), this part applies to discretionary and formula
grant programs administered by the Substance Abuse and
Mental Health Services Administration that make awards
of financial assistance to public or private entities for the
purpose of carrying out activities to prevent or treat sub-
stance abuse (in this part referred to as a ‘designated pro-
gram’). Designated programs include the program under
subpart II of part B of title XIX (relating to formula
grants to the States).
136
‘‘(b) LIMITATION.—This part does not apply to any
award of financial assistance under a designated program
for a purpose other than the purpose specified in sub-
section (a).
‘‘(c) DEFINITIONS.—For purposes of this part (and
subject to subsection (b)):
‘‘(1) The term ‘designated program’ has the
meaning given such term in subsection (a).
‘‘(2) The term ‘financial assistance’ means a
grant, cooperative agreement, or contract.
‘‘(3) The term ‘program beneficiary’ means an
individual who receives program services.
‘‘(4) The term ‘program participant’ means a
public or private entity that has received financial
assistance under a designated program.
‘‘(5) The term ‘program services’ means treat-
ment for substance abuse, or preventive services re-
garding such abuse, provided pursuant to an award
of financial assistance under a designated program.
‘‘(6) The term ‘religious organization’ means a
nonprofit religious organization.
137
‘‘SEC. 582. RELIGIOUS ORGANIZATIONS AS PROGRAM PAR-
TICIPANTS.
‘‘(a) IN GENERAL.—Notwithstanding any other pro-
vision of law, a religious organization, on the same basis
as any other nonprofit private provider—
‘‘(1) may receive financial assistance under a
designated program; and
‘‘(2) may be a provider of services under a des-
ignated program.
‘‘(b) RELIGIOUS ORGANIZATIONS.—The purpose of
this section is to allow religious organizations to be pro-
gram participants on the same basis as any other non-
profit private provider without impairing the religious
character of such organizations, and without diminishing
the religious freedom of program beneficiaries.
‘‘(c) NONDISCRIMINATION AGAINST RELIGIOUS OR-
GANIZATIONS.—
‘‘(1) 
ELIGIBILITY
AS
PROGRAM
PARTICI-
PANTS.—Religious organizations are eligible to be
program participants on the same basis as any other
nonprofit private organization as long as the pro-
grams are implemented consistent with the Estab-
lishment Clause and Free Exercise Clause of the
First Amendment to the United States Constitution.
Nothing in this Act shall be construed to restrict the
ability of the Federal Government, or a State or
138
local government receiving funds under such pro-
grams, to apply to religious organizations the same
eligibility conditions in designated programs as are
applied to any other nonprofit private organization.
‘‘(2) NONDISCRIMINATION.—Neither the Fed-
eral Government nor a State or local government re-
ceiving funds under designated programs shall dis-
criminate against an organization that is or applies
to be a program participant on the basis that the or-
ganization has a religious character.
‘‘(d) RELIGIOUS CHARACTER AND FREEDOM.—
‘‘(1) RELIGIOUS
ORGANIZATIONS.—Except as
provided in this section, any religious organization
that is a program participant shall retain its inde-
pendence from Federal, State, and local government,
including such organization’s control over the defini-
tion, development, practice, and expression of its re-
ligious beliefs.
‘‘(2) ADDITIONAL
SAFEGUARDS.—Neither the
Federal Government nor a State shall require a reli-
gious organization to—
‘‘(A) alter its form of internal governance;
or
‘‘(B) remove religious art, icons, scripture,
or other symbols,
139
in order to be a program participant.
‘‘(e) EMPLOYMENT PRACTICES.—Nothing in this sec-
tion shall be construed to modify or affect the provisions
of any other Federal or State law or regulation that re-
lates to discrimination in employment. A religious organi-
zation’s exemption provided under section 702 of the Civil
Rights Act of 1964 regarding employment practices shall
not be affected by its participation in, or receipt of funds
from, a designated program.
‘‘(f) RIGHTS OF PROGRAM BENEFICIARIES.—
‘‘(1) IN GENERAL.—If an individual who is a
program beneficiary or a prospective program bene-
ficiary objects to the religious character of a pro-
gram participant, within a reasonable period of time
after the date of such objection such program partic-
ipant shall refer such individual to, and the appro-
priate Federal, State, or local government that ad-
ministers a designated program or is a program par-
ticipant shall provide to such individual (if otherwise
eligible for such services), program services that—
‘‘(A) are from an alternative provider that
is accessible to, and has the capacity to provide
such services to, such individual; and
‘‘(B) have a value that is not less than the
value of the services that the individual would
140
have received from the program participant to
which the individual had such objection.
‘‘(2) NOTICES.—Appropriate Federal, State, or
local governments that administer designated pro-
grams or are program participants shall ensure that
notice is provided to program beneficiaries or pro-
spective program beneficiaries of their rights under
this subsection.
‘‘(3) ADDITIONAL REQUIREMENTS.—A program
participant making a referral pursuant to paragraph
(1) shall—
‘‘(A) prior to making such referral, con-
sider any list that the State or local government
makes available of entities in the geographic
area that provide program services; and
‘‘(B) ensure that the individual makes con-
tact with the alternative provider to which the
individual is referred.
‘‘(4) NONDISCRIMINATION.—A religious organi-
zation that is a program participant shall not in pro-
viding program services or engaging in outreach ac-
tivities under designated programs discriminate
against a program beneficiary or prospective pro-
gram beneficiary on the basis of religion or religious
belief.
141
‘‘(g) FISCAL ACCOUNTABILITY.—
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), any religious organization that is a pro-
gram participant shall be subject to the same regula-
tions as other recipients of awards of Federal finan-
cial assistance to account, in accordance with gen-
erally accepted auditing principles, for the use of the
funds provided under such awards.
‘‘(2) LIMITED
AUDIT.—With respect to the
award involved, if a religious organization that is a
program participant maintains the Federal funds in
a separate account from non-Federal funds, then
only the Federal funds shall be subject to audit.
‘‘(h) COMPLIANCE.—With respect to compliance with
this section by an agency, a religious organization may
obtain judicial review of agency action in accordance with
chapter 7 of title 5, United States Code.
‘‘SEC. 583. LIMITATIONS ON USE OF FUNDS FOR CERTAIN
PURPOSES.
‘‘No funds provided under a designated program shall
be expended for sectarian worship, instruction, or pros-
elytization.
‘‘SEC. 584. EDUCATIONAL REQUIREMENTS FOR PERSONNEL
IN DRUG TREATMENT PROGRAMS.
‘‘(a) FINDINGS.—The Congress finds that—
142
‘‘(1) establishing unduly rigid or uniform edu-
cational qualification for counselors and other per-
sonnel in drug treatment programs may undermine
the effectiveness of such programs; and
‘‘(2) such educational requirements for coun-
selors and other personnel may hinder or prevent the
provision of needed drug treatment services.
‘‘(b) NONDISCRIMINATION.—In determining whether
personnel of a program participant that has a record of
successful drug treatment for the preceding three years
have satisfied State or local requirements for education
and training, a State or local government shall not dis-
criminate against education and training provided to such
personnel by a religious organization, so long as such edu-
cation and training includes basic content substantially
equivalent to the content provided by nonreligious organi-
zations that the State or local government would credit
for purposes of determining whether the relevant require-
ments have been satisfied.’’.
SEC. 705. NEW MARKETS VENTURE CAPITAL PROGRAM.
(a) SHORT TITLE.—This section may be cited as the
‘‘New Markets Venture Capital Program Act of 2000’’.
(b) NEW MARKETS VENTURE CAPITAL PROGRAM.—
Title III of the Small Business Investment Act of 1958
(15 U.S.C. 681 et seq.) is amended—
143
(1) in the heading for the title, by striking
‘‘SMALL BUSINESS INVESTMENT COMPA-
NIES’’ and inserting ‘‘INVESTMENT DIVISION
PROGRAMS’’;
(2) by inserting before the heading for section
301 the following:
‘‘PART A—SMALL BUSINESS INVESTMENT COMPANIES’’;
and
(3) by adding at the end the following:
‘‘PART B—NEW MARKETS VENTURE CAPITAL PROGRAM
‘‘SEC. 351. DEFINITIONS.
‘‘In this part, the following definitions apply:
‘‘(1) DEVELOPMENTAL
VENTURE
CAPITAL.—
The term ‘developmental venture capital’ means cap-
ital in the form of equity investments in businesses
made with a primary objective of fostering economic
development in low- or moderate-income geographic
areas.
‘‘(2) LOW- OR MODERATE-INCOME GEOGRAPHIC
AREA.—The term ‘low- or moderate-income geo-
graphic area’ means—
‘‘(A) a census tract, or the equivalent
county division as defined by the Bureau of the
Census for purposes of defining poverty areas,
in which—
144
‘‘(i) the poverty rate is not less than
20 percent;
‘‘(ii) in the case of a census tract or
division located within a metropolitan area,
the median family income for such tract or
division does not exceed the greater of 80
percent of the statewide median family in-
come or 80 percent of the metropolitan
area median family income; or
‘‘(iii) in the case of a census tract or
division not located within a metropolitan
area, the median family income for such
tract or division does not exceed 80 per-
cent of the statewide median family in-
come; or
‘‘(B) any area located within—
‘‘(i) a historically underutilized busi-
ness zone (HUBZone), as defined in sec-
tion 3(p) of the Small Business Act (15
U.S.C. 632(p));
‘‘(ii) an urban empowerment zone or
an urban enterprise community, as des-
ignated by the Secretary of the Depart-
ment of Housing and Urban Development;
or
145
‘‘(iii) a rural empowerment zone or a
rural enterprise community, as designated
by the Secretary of the Department of Ag-
riculture.
‘‘(3) NEW MARKETS VENTURE CAPITAL COM-
PANY.—The term ‘New Markets Venture Capital
company’ means a company that—
‘‘(A) has been granted final approval by
the Administration under section 354(e); and
‘‘(B) has entered into a participation
agreement with the Administration.
‘‘(4) OPERATIONAL
ASSISTANCE.—The term
‘operational assistance’ means management, mar-
keting, and other technical assistance that assists a
small business concern with business development.
‘‘(5) PARTICIPATION
AGREEMENT.—The term
‘participation agreement’ means an agreement, be-
tween the Administration and a company granted
final approval under section 354(e), that—
‘‘(A) details the company’s operating plan
and investment criteria; and
‘‘(B) requires the company to make invest-
ments in smaller enterprises at least 80 percent
of which are located in low- or moderate-income
geographic areas.
146
‘‘(6) SPECIALIZED
SMALL
BUSINESS
INVEST-
MENT COMPANY.—The term ‘specialized small busi-
ness investment company’ means any small business
investment company that—
‘‘(A) invests solely in small business con-
cerns that contribute to a well-balanced na-
tional economy by facilitating ownership in such
concerns by persons whose participation in the
free enterprise system is hampered because of
social or economic disadvantages;
‘‘(B) is organized or chartered under State
business or nonprofit corporations statutes, or
formed as a limited partnership; and
‘‘(C) was licensed under section 301(d), as
in effect before September 30, 1996.
‘‘SEC. 352. PURPOSES.
‘‘The purposes of the New Markets Venture Capital
Program established under this part are—
‘‘(1) to promote economic development and the
creation of wealth and job opportunities in low- or
moderate-income geographic areas and among indi-
viduals living in such areas by encouraging develop-
mental venture capital investments in smaller enter-
prises primarily located in such areas; and
148
‘‘(2) guarantee the debentures issued by New
Markets Venture Capital companies as provided in
section 355; and
‘‘(3) make grants to New Markets Venture
Capital companies, and to other entities, under sec-
tion 358.
‘‘SEC. 354. SELECTION OF NEW MARKETS VENTURE CAP-
ITAL COMPANIES.
‘‘(a) ELIGIBILITY.—A company shall be eligible to
apply to participate, as a New Markets Venture Capital
company, in the program established under this part if—
‘‘(1) the company is a newly formed for-profit
entity or a newly formed for-profit subsidiary of an
existing entity;
‘‘(2) the company has a management team with
experience in community development financing or
relevant venture capital financing; and
‘‘(3) the company has a primary objective of
economic development of low- or moderate-income
geographic areas.
‘‘(b) APPLICATION.—To participate, as a New Mar-
kets Venture Capital company, in the program established
under this part a company meeting the eligibility require-
ments set forth in subsection (a) shall submit an applica-
tion to the Administration that includes—
149
‘‘(1) a business plan describing how the com-
pany intends to make successful developmental ven-
ture capital investments in identified low- or mod-
erate-income geographic areas;
‘‘(2) information regarding the community de-
velopment finance or relevant venture capital quali-
fications and general reputation of the company’s
management;
‘‘(3) a description of how the company intends
to work with community organizations and to seek
to address the unmet capital needs of the commu-
nities served;
‘‘(4) a proposal describing how the company
will use the grant funds provided under this part to
provide operational assistance to smaller enterprises
financed by the company, including information re-
garding whether the company will use licensed pro-
fessionals, where applicable, on the company’s staff
or from an outside entity;
‘‘(5) with respect to binding commitments to be
made to the company under this part, an estimate
of the ratio of cash to in-kind contributions;
‘‘(6) a description of the criteria to be used to
evaluate whether and to what extent the company
150
meets the objectives of the program established
under this part;
‘‘(7) information regarding the management
and financial strength of any parent firm, affiliated
firm, or any other firm essential to the success of
the company’s business plan; and
‘‘(8) such other information as the Administra-
tion may require.
‘‘(c) CONDITIONAL APPROVAL.—
‘‘(1) IN
GENERAL.—From among companies
submitting applications under subsection (b), the
Administration shall, in accordance with this sub-
section, conditionally approve companies to partici-
pate in the New Markets Venture Capital Program.
‘‘(2) SELECTION CRITERIA.—In selecting com-
panies under paragraph (1), the Administration
shall consider the following:
‘‘(A) The likelihood that the company will
meet the goals of its business plan.
‘‘(B) The experience and background of
the company’s management team.
‘‘(C) The need for developmental venture
capital investments in the geographic areas in
which the company intends to invest.
151
‘‘(D) The extent to which the company will
concentrate its activities on serving the geo-
graphic areas in which it intends to invest.
‘‘(E) The likelihood that the company will
be able to satisfy the conditions under sub-
section (d).
‘‘(F) The extent to which the activities
proposed by the company will expand economic
opportunities in the geographic areas in which
the company intends to invest.
‘‘(G) The strength of the company’s pro-
posal to provide operational assistance under
this part as the proposal relates to the ability
of the applicant to meet applicable cash require-
ments and properly utilize in-kind contribu-
tions, including the use of resources for the
services of licensed professionals whether pro-
vided by persons on the company’s staff or by
persons outside of the company.
‘‘(H) Any other factors deemed appro-
priate by the Administration.
‘‘(3) NATIONWIDE DISTRIBUTION.—The Admin-
istration shall select companies under paragraph (1)
in such a way that promotes investment nationwide.
152
‘‘(d) REQUIREMENTS TO BE MET FOR FINAL AP-
PROVAL.—The Administration shall grant each condi-
tionally approved company a period of time, not to exceed
2 years, to satisfy the following requirements:
‘‘(1) CAPITAL
REQUIREMENT.—Each condi-
tionally approved company must raise not less than
$5,000,000 of private capital or binding capital com-
mitments from one or more investors (other than
agencies or departments of the Federal Government)
who meet criteria established by the Administration.
‘‘(2) NONADMINISTRATION
RESOURCES
FOR
OPERATIONAL
ASSISTANCE.—In order to provide
operational assistance to smaller enterprises ex-
pected to be financed by the company, each condi-
tionally approved company—
‘‘(A) must have binding commitments (for
contribution in cash or in kind)—
‘‘(i) from any sources other than the
Administration that meet criteria estab-
lished by the Administration;
‘‘(ii) payable or available over a
multiyear period acceptable to the Admin-
istration (not to exceed 10 years); and
153
‘‘(iii) in an amount not less than 30
percent of the total amount of capital and
commitments raised under paragraph (1);
‘‘(B) must have purchased an annuity—
‘‘(i) from an insurance company ac-
ceptable to the Administration;
‘‘(ii) using funds (other than the
funds raised under paragraph (1)) from
any source other than the Administration;
and
‘‘(iii) that yields cash payments over a
multiyear period acceptable to the Admin-
istration (not to exceed 10 years) in an
amount not less than 30 percent of the
total amount of capital and commitments
raised under paragraph (1); or
‘‘(C) must have binding commitments (for
contributions in cash or in kind) of the type de-
scribed in subparagraph (A) and must have
purchased an annuity of the type described in
subparagraph (B), which in the aggregate make
available, over a multiyear period acceptable to
the Administration (not to exceed 10 years), an
amount not less than 30 percent of the total
154
amount of capital and commitments raised
under paragraph (1).
‘‘(e) FINAL APPROVAL.—The Administration shall
grant to a company conditionally approved under sub-
section (c) final approval to participate in the program es-
tablished under this part after the company has met the
requirements set forth in subsection (d).
‘‘SEC. 355. DEBENTURES.
‘‘(a) IN GENERAL.—The Administration may guar-
antee the timely payment of principal and interest, as
scheduled, on debentures issued by any New Markets Ven-
ture Capital company.
‘‘(b) TERMS AND CONDITIONS.—The Administration
may make guarantees under this section on such terms
and conditions as it deems appropriate, except that the
term of any debenture guaranteed under this section shall
not exceed 15 years.
‘‘(c) FULL FAITH AND CREDIT OF THE UNITED
STATES.—The full faith and credit of the United States
is pledged to pay all amounts that may be required to be
paid under any guarantee under this part.
‘‘(d) MAXIMUM GUARANTEE.—
‘‘(1) IN GENERAL.—Under this section, the Ad-
ministration may guarantee the debentures issued by
a New Markets Venture Capital company only to the
155
extent that the total face amount of outstanding
guaranteed debentures of such company does not ex-
ceed 150 percent of the private capital of the com-
pany, as determined by the Administration.
‘‘(2) 
TREATMENT
OF
CERTAIN
FEDERAL
FUNDS.—For the purposes of paragraph (1), private
capital shall include capital that is considered to be
Federal funds, if such capital is contributed by an
investor other than an agency or department of the
Federal Government.
‘‘SEC. 356. ISSUANCE AND GUARANTEE OF TRUST CERTIFI-
CATES.
‘‘(a) ISSUANCE.—The Administration may issue trust
certificates representing ownership of all or a fractional
part of debentures issued by a New Markets Venture Cap-
ital company and guaranteed by the Administration under
this part, if such certificates are based on and backed by
a trust or pool approved by the Administration and com-
posed solely of guaranteed debentures.
‘‘(b) GUARANTEE.—
‘‘(1) IN GENERAL.—The Administration may,
under such terms and conditions as it deems appro-
priate, guarantee the timely payment of the principal
of and interest on trust certificates issued by the
156
Administration or its agents for purposes of this sec-
tion.
‘‘(2) LIMITATION.—Each guarantee under this
subsection shall be limited to the extent of principal
and interest on the guaranteed debentures that com-
pose the trust or pool.
‘‘(3) PREPAYMENT OR DEFAULT.—In the event
that a debenture in a trust or pool is prepaid, or in
the event of default of such a debenture, the guar-
antee of timely payment of principal and interest on
the trust certificates shall be reduced in proportion
to the amount of principal and interest such prepaid
debenture represents in the trust or pool. Interest on
prepaid or defaulted debentures shall accrue and be
guaranteed by the Administration only through the
date of payment of the guarantee. At any time dur-
ing its term, a trust certificate may be called for re-
demption due to prepayment or default of all deben-
tures.
‘‘(c) FULL FAITH AND CREDIT OF THE UNITED
STATES.—The full faith and credit of the United States
is pledged to pay all amounts that may be required to be
paid under any guarantee of a trust certificate issued by
the Administration or its agents under this section.
157
‘‘(d) FEES.—The Administration shall not collect a
fee for any guarantee of a trust certificate under this sec-
tion, but any agent of the Administration may collect a
fee approved by the Administration for the functions de-
scribed in subsection (f)(2).
‘‘(e) SUBROGATION AND OWNERSHIP RIGHTS.—
‘‘(1) SUBROGATION.—In the event the Adminis-
tration pays a claim under a guarantee issued under
this section, it shall be subrogated fully to the rights
satisfied by such payment.
‘‘(2) OWNERSHIP RIGHTS.—No Federal, State,
or local law shall preclude or limit the exercise by
the Administration of its ownership rights in the de-
bentures residing in a trust or pool against which
trust certificates are issued under this section.
‘‘(f) MANAGEMENT AND ADMINISTRATION.—
‘‘(1) REGISTRATION.—
‘‘(A) IN
GENERAL.—The Administration
may provide for a central registration of all
trust certificates issued under this section.
‘‘(B) FORMS OF REGISTRATION.—Nothing
in this subsection shall prohibit the use of a
book entry or other electronic form of registra-
tion for trust certificates.
‘‘(2) CONTRACTING OF FUNCTIONS.—
158
‘‘(A) IN
GENERAL.—The Administration
may contract with an agent or agents to carry
out on behalf of the Administration the pooling
and the central registration functions provided
for in this section including, notwithstanding
any other provision of law—
‘‘(i) maintenance, on behalf of and
under the direction of the Administration,
of such commercial bank accounts or in-
vestments in obligations of the United
States as may be necessary to facilitate the
creation of trusts or pools backed by de-
bentures guaranteed under this part; and
‘‘(ii) the issuance of trust certificates
to facilitate the creation of such trusts or
pools.
‘‘(B) FIDELITY BOND OR INSURANCE RE-
QUIREMENT.—Any agent performing functions
on behalf of the Administration under this
paragraph shall provide a fidelity bond or insur-
ance in such amounts as the Administration de-
termines to be necessary to fully protect the in-
terests of the United States.
‘‘(3) APPLICABILITY OF THE SECURITIES EX-
CHANGE
ACT
OF
1934.—Notwithstanding section
159
3(a)(42) of the Securities Exchange Act of 1934 (15
U.S.C. 78c(a)(42)), trust certificates issued under
this section shall not be treated as government secu-
rities for the purposes of that Act.
‘‘SEC. 357. FEES.
‘‘Except as provided in section 356(d), the Adminis-
tration may charge such fees as it deems appropriate with
respect to any guarantee or grant issued under this part.
‘‘SEC. 358. OPERATIONAL ASSISTANCE GRANTS.
‘‘(a) IN GENERAL.—
‘‘(1) AUTHORITY.—In accordance with this sec-
tion, the Administration may make grants to New
Markets Venture Capital companies and to other en-
tities, as authorized by this part, to provide oper-
ational assistance to smaller enterprises financed, or
expected to be financed, by such companies or other
entities.
‘‘(2) TERMS.—Grants made under this sub-
section shall be made over a multiyear period not to
exceed 10 years, under such other terms as the Ad-
ministration may require.
‘‘(3) GRANTS TO SPECIALIZED SMALL BUSINESS
INVESTMENT COMPANIES.—
‘‘(A) AUTHORITY.—In accordance with
this section, the Administration may make
160
grants to specialized small business investment
companies to provide operational assistance to
smaller enterprises financed, or expected to be
financed, by such companies after the effective
date of the New Markets Venture Capital Pro-
gram Act of 2000.
‘‘(B) USE OF FUNDS.—
‘‘(i) IN GENERAL.—The proceeds of a
grant made under this paragraph may be
used by the company receiving such grant
only to provide operational assistance in
connection with an equity investment
(made with capital raised after the effec-
tive date of the New Markets Venture Cap-
ital Program Act of 2000) in a business lo-
cated in a low- or moderate-income geo-
graphic area.
‘‘(ii) 
ADDITIONAL
LIMITATION.—
Operational assistance referred to in clause
(i) may not be provided in connection with
more than one equity investment.
‘‘(C) SUBMISSION OF PLANS.—A special-
ized small business investment company shall
be eligible for a grant under this section only if
the company submits to the Administrator, in
161
such form and manner as the Administrator
may require, a plan for use of the grant.
‘‘(4) GRANT AMOUNT.—
‘‘(A) NEW
MARKETS
VENTURE
CAPITAL
COMPANIES.—The amount of a grant made
under this subsection to a New Markets Ven-
ture Capital company shall be equal to the re-
sources (in cash or in kind) raised by the com-
pany under with section 354(d)(2).
‘‘(B) OTHER ENTITIES.—The amount of a
grant made under this subsection to any entity
other than a New Markets Venture capital com-
pany shall be equal to the resources (in cash or
in kind) raised by the entity in accordance with
the requirements applicable to New Markets
Venture Capital companies set forth in section
354(d)(2).
‘‘(5) PRO RATA REDUCTIONS.—If the amount
made available to carry out this section is insuffi-
cient for the Administration to provide grants in the
amounts provided for in paragraph (4), the Adminis-
tration shall make pro rata reductions in the
amounts otherwise payable to each company and en-
tity under such paragraph.
‘‘(b) SUPPLEMENTAL GRANTS.—
162
‘‘(1) IN
GENERAL.—The Administration may
make supplemental grants to New Markets Venture
Capital companies and to other entities, as author-
ized by this part, under such terms as the Adminis-
tration may require, to provide additional oper-
ational assistance to smaller enterprises financed, or
expected to be financed, by the companies.
‘‘(2) MATCHING REQUIREMENT.—The Adminis-
tration may require, as a condition of any supple-
mental grant made under this subsection, that the
company or entity receiving the grant provide from
resources (in cash or in kind), other than those pro-
vided by the Administration, a matching contribu-
tion equal to the amount of the supplemental grant.
‘‘(c) LIMITATION.—None of the assistance made
available under this section may be used for any operating
expense of a New Markets Venture Capital company or
a specialized small business investment company.
‘‘SEC. 359. BANK PARTICIPATION.
‘‘(a) IN GENERAL.—Except as provided in subsection
(b), any national bank, any member bank of the Federal
Reserve System, and (to the extent permitted under appli-
cable State law) any insured bank that is not a member
of such system, may invest in any New Markets Venture
163
Capital company, or in any entity established to invest
solely in New Markets Venture Capital companies.
‘‘(b) LIMITATION.—No bank described in subsection
(a) may make investments described in such subsection
that are greater than 5 percent of the capital and surplus
of the bank.
‘‘SEC. 360. FEDERAL FINANCING BANK.
‘‘Section 318 shall not apply to any debenture issued
by a New Markets Venture Capital company under this
part.
‘‘SEC. 361. REPORTING REQUIREMENTS.
‘‘Each New Markets Venture Capital company that
participates in the program established under this part
shall provide to the Administration such information as
the Administration may require, including—
‘‘(1) information related to the measurement
criteria that the company proposed in its program
application; and
‘‘(2) in each case in which the company under
this part makes an investment in, or a loan or grant
to, a business that is not located in a low- or mod-
erate-income geographic area, a report on the num-
ber and percentage of employees of the business who
reside in such areas.
164
‘‘SEC. 362. EXAMINATIONS.
‘‘(a) IN GENERAL.—Each New Markets Venture
Capital company that participates in the program estab-
lished under this part shall be subject to examinations
made at the direction of the Investment Division of the
Administration in accordance with this section.
‘‘(b) ASSISTANCE OF PRIVATE SECTOR ENTITIES.—
Examinations under this section may be conducted with
the assistance of a private sector entity that has both the
qualifications and the expertise necessary to conduct such
examinations.
‘‘(c) COSTS.—
‘‘(1) ASSESSMENT.—
‘‘(A) IN
GENERAL.—The Administration
may assess the cost of examinations under this
section, including compensation of the exam-
iners, against the company examined.
‘‘(B) PAYMENT.—Any company against
which the Administration assesses costs under
this paragraph shall pay such costs.
‘‘(2) DEPOSIT
OF
FUNDS.—Funds collected
under this section shall be deposited in the account
for salaries and expenses of the Administration.
‘‘SEC. 363. INJUNCTIONS AND OTHER ORDERS.
‘‘(a) IN GENERAL.—Whenever, in the judgment of
the Administration, a New Markets Venture Capital com-
165
pany or any other person has engaged or is about to en-
gage in any acts or practices which constitute or will con-
stitute a violation of any provision of this Act, or of any
rule or regulation under this Act, or of any order issued
under this Act, the Administration may make application
to the proper district court of the United States or a
United States court of any place subject to the jurisdiction
of the United States for an order enjoining such acts or
practices, or for an order enforcing compliance with such
provision, rule, regulation, or order, and such courts shall
have jurisdiction of such actions and, upon a showing by
the Administration that such New Markets Venture Cap-
ital company or other person has engaged or is about to
engage in any such acts or practices, a permanent or tem-
porary injunction, restraining order, or other order, shall
be granted without bond.
‘‘(b) JURISDICTION.—In any proceeding under sub-
section (a), the court as a court of equity may, to such
extent as it deems necessary, take exclusive jurisdiction
of the New Market Venture Capital company and the as-
sets thereof, wherever located, and the court shall have
jurisdiction in any such proceeding to appoint a trustee
or receiver to hold or administer under the direction of
the court the assets so possessed.
‘‘(c) ADMINISTRATION AS TRUSTEE OR RECEIVER.—
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‘‘(1) AUTHORITY.—The Administration may act
as trustee or receiver of a New Markets Venture
Capital company.
‘‘(2) APPOINTMENT.—Upon request of the Ad-
ministration, the court may appoint the Administra-
tion to act as a trustee or receiver of a New Markets
Venture Capital company unless the court deems
such appointment inequitable or otherwise inappro-
priate by reason of the special circumstances in-
volved.
‘‘SEC. 364. ADDITIONAL PENALTIES FOR NONCOMPLIANCE.
‘‘(a) IN GENERAL.—With respect to any New Mar-
kets Venture Capital company that violates or fails to
comply with any of the provisions of this Act, of any regu-
lation issued under this Act, or of any participation agree-
ment entered into under this Act, the Administration may
in accordance with this section—
‘‘(1) void the participation agreement between
the Administration and the company; and
‘‘(2) cause the company to forfeit all of the
rights and privileges derived by the company from
this Act.
‘‘(b) ADJUDICATION OF NONCOMPLIANCE.—
‘‘(1) IN GENERAL.—Before the Administration
may cause a New Markets Venture Capital company