I 
109TH CONGRESS 
1ST SESSION H. R. 4129 
To amend the Internal Revenue Code of 1986 to repeal certain limitations 
on the expensing of section 179 property, to allow taxpayers to elect 
shorter recovery periods for purposes of determining the deduction for 
depreciation, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
OCTOBER 25, 2005 
Mr. SESSIONS (for himself, Mr. TIAHRT, Mr. TERRY, Mr. FLAKE, and Mr. 
SWEENEY) introduced the following bill; which was referred to the Com-
mittee on Ways and Means 
A BILL 
To amend the Internal Revenue Code of 1986 to repeal 
certain limitations on the expensing of section 179 prop-
erty, to allow taxpayers to elect shorter recovery periods 
for purposes of determining the deduction for deprecia-
tion, 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. 
This Act may be cited as the ‘‘Expensing Property 
Expands our Nation’s Strong Economy Act of 2005’’ or 
as the ‘‘EXPENSE Act of 2005’’.
SEC. 2. REPEAL OF CERTAIN LIMITATIONS ON THE EX-
PENSING OF SECTION 179 PROPERTY. 
(a) IN GENERAL.—Section 179 of the Internal Rev-
enue Code of 1986 is amended by striking subsection (b) 
and by redesignating subsections (c) and (d) as sub-
sections (b) and (c), respectively. 
(b) CONFORMING AMENDMENTS.— 
(1) Subsection (c) of section 179 of such Code, 
as redesignated by subsection (a), is amended by 
striking paragraphs (6) and (8), and by redesig-
nating paragraphs (7), (9), and (10) as paragraphs 
(6), (7), and (8), respectively. 
(2) Paragraph (6) of section 179 of such Code, 
as redesignated by paragraph (1) and subsection (a), 
is amended by striking ‘‘paragraphs (2) and (6)’’ 
and inserting ‘‘paragraph (2)’’. 
(3) 
Sections 
42(d)(2)(B)(i), 
1397D(d)(1), 
1400B(b)(4)(A)(i) and 1400F(b)(4)(A)(i) of such 
Code are each amended by striking ‘‘section 
179(d)(2)’’ and inserting ‘‘section 179(c)(2)’’. 
(4) Subclause (I) of section 42(d)(2)(D)(iii) of 
such Code is amended— 
(A) by striking ‘‘section 179(d)’’ and in-
serting ‘‘section 179(c)’’, and 
(B) by striking ‘‘section 179(d)(7)’’ and 
inserting ‘‘section 179(c)(6)’’.
(5)(A) Subpart B of part III of subchapter U 
of chapter 1 of such Code is hereby repealed. 
(B) The table of subparts for such part III is 
amended by striking the item relating to subpart B. 
(6)(A) Part III of subchapter X of chapter 1 of 
such Code is amended by striking section 1400J. 
(B) The table of sections for such part is 
amended by striking the item relating to section 
1400J. 
(C) Paragraph (3) of section 1400E(b) of such 
Code is amended by striking ‘‘sections 1400F and 
1400J’’ and inserting ‘‘section 1400F’’. 
(7) Clause (iv) of section 1400L(b)(2)(A) of 
such Code is amended by striking ‘‘section 179(d)’’ 
and inserting ‘‘section 179(c)’’. 
(8) Section 1400L of such Code is amended by 
striking subsection (f). 
(c) EFFECTIVE DATE.—The amendments made by 
this section shall apply to property placed in service during 
taxable years ending on or after the date of the enactment 
of this Act.
SEC. 3. ELECTION OF SHORTER RECOVERY PERIOD FOR 
PURPOSE OF DETERMINING DEPRECIATION 
DEDUCTION. 
(a) IN GENERAL.—Section 168 of the Internal Rev-
enue Code of 1986 is amended by adding at the end the 
following new subsection: 
‘‘(l) ELECTION OF SHORTER RECOVERY PERIOD.— 
‘‘(1) 
IN
GENERAL.—Notwithstanding 
sub-
sections (c), (e), (g), and (j), for purposes of sub-
section (a), the applicable recovery period for any 
property placed in service during a taxable year end-
ing on or after the date of the enactment of this 
subsection shall not exceed any period of 2 or more 
years elected by the taxpayer with respect to such 
property. 
‘‘(2) ELECTION.—An election made under this 
subsection shall be made at such time and in such 
form and manner as the Secretary may require. An 
election under this subsection, once made, shall 
apply to the taxable year for which made and all 
subsequent taxable years unless revoked with the 
consent of the Secretary. 
‘‘(3) TRANSITION RULE.—In the case of any 
property placed in service during a taxable year end-
ing before the date of the enactment of this sub-
section, paragraph (1) shall apply with respect to