In the Senate of the United States, 
December 15, 2010. 
Resolved, That the bill from the House of Representa-
tives (H.R. 4853) entitled ‘‘An Act to amend the Internal 
Revenue Code of 1986 to extend the funding and expenditure 
authority of the Airport and Airway Trust Fund, to amend 
title 49, United States Code, to extend authorizations for the 
airport improvement program, and for other purposes.’’, do 
pass with the following 
SENATE AMENDMENT TO HOUSE AMENDMENT TO 
SENATE AMENDMENT: 
In lieu of the matter proposed to be inserted, insert 
the following: 
SECTION 1. SHORT TITLE; ETC. 
(a) SHORT TITLE.—This Act may be cited as the ‘‘Tax 
Relief, Unemployment Insurance Reauthorization, and Job 
Creation Act of 2010’’. 
(b) AMENDMENT OF 1986 CODE.—Except as otherwise 
expressly provided, whenever in this Act an amendment or 
repeal is expressed in terms of an amendment to, or repeal
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of, a section or other provision, the reference shall be consid-
ered to be made to a section or other provision of the Inter-
nal Revenue Code of 1986. 
(c) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title; etc. 
TITLE I—TEMPORARY EXTENSION OF TAX RELIEF 
Sec. 101. Temporary extension of 2001 tax relief. 
Sec. 102. Temporary extension of 2003 tax relief. 
Sec. 103. Temporary extension of 2009 tax relief. 
TITLE II—TEMPORARY EXTENSION OF INDIVIDUAL AMT RELIEF 
Sec. 201. Temporary extension of increased alternative minimum tax exemption 
amount. 
Sec. 202. Temporary extension of alternative minimum tax relief for nonrefund-
able personal credits. 
TITLE III—TEMPORARY ESTATE TAX RELIEF 
Sec. 301. Reinstatement of estate tax; repeal of carryover basis. 
Sec. 302. Modifications to estate, gift, and generation-skipping transfer taxes. 
Sec. 303. Applicable exclusion amount increased by unused exclusion amount of 
deceased spouse. 
Sec. 304. Application of EGTRRA sunset to this title. 
TITLE IV—TEMPORARY EXTENSION OF INVESTMENT INCENTIVES 
Sec. 401. Extension of bonus depreciation; temporary 100 percent expensing for 
certain business assets. 
Sec. 402. Temporary extension of increased small business expensing. 
TITLE V—TEMPORARY EXTENSION OF UNEMPLOYMENT INSURANCE 
AND RELATED MATTERS 
Sec. 501. Temporary extension of unemployment insurance provisions. 
Sec. 502. Temporary modification of indicators under the extended benefit pro-
gram. 
Sec. 503. Technical amendment relating to collection of unemployment compensa-
tion debts. 
Sec. 504. Technical correction relating to repeal of continued dumping and sub-
sidy offset. 
Sec. 505. Additional extended unemployment benefits under the Railroad Unem-
ployment Insurance Act. 
TITLE VI—TEMPORARY EMPLOYEE PAYROLL TAX CUT 
Sec. 601. Temporary employee payroll tax cut.
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TITLE VII—TEMPORARY EXTENSION OF CERTAIN EXPIRING 
PROVISIONS 
Subtitle A—Energy 
Sec. 701. Incentives for biodiesel and renewable diesel. 
Sec. 702. Credit for refined coal facilities. 
Sec. 703. New energy efficient home credit. 
Sec. 704. Excise tax credits and outlay payments for alternative fuel and alter-
native fuel mixtures. 
Sec. 705. Special rule for sales or dispositions to implement FERC or State elec-
tric restructuring policy for qualified electric utilities. 
Sec. 706. Suspension of limitation on percentage depletion for oil and gas from 
marginal wells. 
Sec. 707. Extension of grants for specified energy property in lieu of tax credits. 
Sec. 708. Extension of provisions related to alcohol used as fuel. 
Sec. 709. Energy efficient appliance credit. 
Sec. 710. Credit for nonbusiness energy property. 
Sec. 711. Alternative fuel vehicle refueling property. 
Subtitle B—Individual Tax Relief 
Sec. 721. Deduction for certain expenses of elementary and secondary school 
teachers. 
Sec. 722. Deduction of State and local sales taxes. 
Sec. 723. Contributions of capital gain real property made for conservation pur-
poses. 
Sec. 724. Above-the-line deduction for qualified tuition and related expenses. 
Sec. 725. Tax-free distributions from individual retirement plans for charitable 
purposes. 
Sec. 726. Look-thru of certain regulated investment company stock in deter-
mining gross estate of nonresidents. 
Sec. 727. Parity for exclusion from income for employer-provided mass transit 
and parking benefits. 
Sec. 728. Refunds disregarded in the administration of Federal programs and 
federally assisted programs. 
Subtitle C—Business Tax Relief 
Sec. 731. Research credit. 
Sec. 732. Indian employment tax credit. 
Sec. 733. New markets tax credit. 
Sec. 734. Railroad track maintenance credit. 
Sec. 735. Mine rescue team training credit. 
Sec. 736. Employer wage credit for employees who are active duty members of the 
uniformed services. 
Sec. 737. 15-year straight-line cost recovery for qualified leasehold improvements, 
qualified restaurant buildings and improvements, and qualified 
retail improvements. 
Sec. 738. 7-year recovery period for motorsports entertainment complexes. 
Sec. 739. Accelerated depreciation for business property on an Indian reservation. 
Sec. 740. Enhanced charitable deduction for contributions of food inventory. 
Sec. 741. Enhanced charitable deduction for contributions of book inventories to 
public schools. 
Sec. 742. Enhanced charitable deduction for corporate contributions of computer 
inventory for educational purposes.
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Sec. 743. Election to expense mine safety equipment. 
Sec. 744. Special expensing rules for certain film and television productions. 
Sec. 745. Expensing of environmental remediation costs. 
Sec. 746. Deduction allowable with respect to income attributable to domestic pro-
duction activities in Puerto Rico. 
Sec. 747. Modification of tax treatment of certain payments to controlling exempt 
organizations. 
Sec. 748. Treatment of certain dividends of regulated investment companies. 
Sec. 749. RIC qualified investment entity treatment under FIRPTA. 
Sec. 750. Exceptions for active financing income. 
Sec. 751. Look-thru treatment of payments between related controlled foreign cor-
porations under foreign personal holding company rules. 
Sec. 752. Basis adjustment to stock of S corps making charitable contributions 
of property. 
Sec. 753. Empowerment zone tax incentives. 
Sec. 754. Tax incentives for investment in the District of Columbia. 
Sec. 755. Temporary increase in limit on cover over of rum excise taxes to Puerto 
Rico and the Virgin Islands. 
Sec. 756. American Samoa economic development credit. 
Sec. 757. Work opportunity credit. 
Sec. 758. Qualified zone academy bonds. 
Sec. 759. Mortgage insurance premiums. 
Sec. 760. Temporary exclusion of 100 percent of gain on certain small business 
stock. 
Subtitle D—Temporary Disaster Relief Provisions 
SUBPART A—NEW YORK LIBERTY ZONE 
Sec. 761. Tax-exempt bond financing. 
SUBPART B—GO ZONE 
Sec. 762. Increase in rehabilitation credit. 
Sec. 763. Low-income housing credit rules for buildings in GO zones. 
Sec. 764. Tax-exempt bond financing. 
Sec. 765. Bonus depreciation deduction applicable to the GO Zone. 
TITLE VIII—BUDGETARY PROVISIONS 
Sec. 801. Determination of budgetary effects. 
Sec. 802. Emergency designations. 
TITLE I—TEMPORARY 
EXTENSION OF TAX RELIEF 
SEC. 101. TEMPORARY EXTENSION OF 2001 TAX RELIEF. 
(a) TEMPORARY EXTENSION.— 
(1) IN GENERAL.—Section 901 of the Economic 
Growth and Tax Relief Reconciliation Act of 2001 is
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amended by striking ‘‘December 31, 2010’’ both places 
it appears and inserting ‘‘December 31, 2012’’. 
(2) EFFECTIVE DATE.—The amendment made by 
this subsection shall take effect as if included in the 
enactment of the Economic Growth and Tax Relief 
Reconciliation Act of 2001. 
(b) SEPARATE SUNSET FOR EXPANSION OF ADOPTION 
BENEFITS UNDER THE PATIENT PROTECTION AND AF-
FORDABLE CARE ACT.— 
(1) IN
GENERAL.—Subsection (c) of section 
10909 of the Patient Protection and Affordable Care 
Act is amended to read as follows: 
‘‘(c) SUNSET PROVISION.—Each provision of law 
amended by this section is amended to read as such provi-
sion would read if this section had never been enacted. The 
amendments made by the preceding sentence shall apply to 
taxable years beginning after December 31, 2011.’’. 
(2) CONFORMING AMENDMENT.—Subsection (d) 
of section 10909 of such Act is amended by striking 
‘‘The amendments’’ and inserting ‘‘Except as pro-
vided in subsection (c), the amendments’’. 
SEC. 102. TEMPORARY EXTENSION OF 2003 TAX RELIEF. 
(a) IN GENERAL.—Section 303 of the Jobs and Growth 
Tax Relief Reconciliation Act of 2003 is amended by strik-
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ing ‘‘December 31, 2010’’ and inserting ‘‘December 31, 
2012’’. 
(b) EFFECTIVE DATE.—The amendment made by this 
section shall take effect as if included in the enactment of 
the Jobs and Growth Tax Relief Reconciliation Act of 2003. 
SEC. 103. TEMPORARY EXTENSION OF 2009 TAX RELIEF. 
(a) AMERICAN OPPORTUNITY TAX CREDIT.— 
(1) IN GENERAL.—Section 25A(i) is amended by 
striking ‘‘or 2010’’ and inserting ‘‘, 2010, 2011, or 
2012’’. 
(2) 
TREATMENT
OF
POSSESSIONS.—Section 
1004(c)(1) of the American Recovery and Reinvest-
ment Tax Act of 2009 is amended by striking ‘‘and 
2010’’ each place it appears and inserting ‘‘, 2010, 
2011, and 2012’’. 
(b) CHILD TAX CREDIT.—Section 24(d)(4) is amend-
ed— 
(1) by striking ‘‘2009 AND 2010’’ in the heading 
and inserting ‘‘2009, 2010, 2011, AND 2012’’, and 
(2) by striking ‘‘or 2010’’ and inserting ‘‘, 2010, 
2011, or 2012’’. 
(c) EARNED INCOME TAX CREDIT.—Section 32(b)(3) 
is amended— 
(1) by striking ‘‘2009 AND 2010’’ in the heading 
and inserting ‘‘2009, 2010, 2011, AND 2012’’, and
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(2) by striking ‘‘or 2010’’ and inserting ‘‘, 2010, 
2011, or 2012’’. 
(d) EFFECTIVE DATE.—The amendments made by this 
section shall apply to taxable years beginning after Decem-
ber 31, 2010. 
TITLE 
II—TEMPORARY 
EXTEN-
SION OF INDIVIDUAL AMT RE-
LIEF 
SEC. 201. TEMPORARY EXTENSION OF INCREASED ALTER-
NATIVE MINIMUM TAX EXEMPTION AMOUNT. 
(a) IN GENERAL.—Paragraph (1) of section 55(d) is 
amended— 
(1) by striking ‘‘$70,950’’ and all that follows 
through ‘‘2009’’ in subparagraph (A) and inserting 
‘‘$72,450 in the case of taxable years beginning in 
2010 and $74,450 in the case of taxable years begin-
ning in 2011’’, and 
(2) by striking ‘‘$46,700’’ and all that follows 
through ‘‘2009’’ in subparagraph (B) and inserting 
‘‘$47,450 in the case of taxable years beginning in 
2010 and $48,450 in the case of taxable years begin-
ning in 2011’’. 
(b) EFFECTIVE DATE.—The amendments made by this 
section shall apply to taxable years beginning after Decem-
ber 31, 2009.
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such provision would read if such subtitle had never been 
enacted. 
(b) CONFORMING AMENDMENT.—On and after Janu-
ary 1, 2011, paragraph (1) of section 2505(a) of the Inter-
nal Revenue Code of 1986 is amended to read as such para-
graph would read if section 521(b)(2) of the Economic 
Growth and Tax Relief Reconciliation Act of 2001 had 
never been enacted. 
(c) SPECIAL ELECTION WITH RESPECT TO ESTATES 
OF DECEDENTS DYING
IN 2010.—Notwithstanding sub-
section (a), in the case of an estate of a decedent dying after 
December 31, 2009, and before January 1, 2011, the execu-
tor (within the meaning of section 2203 of the Internal Rev-
enue Code of 1986) may elect to apply such Code as though 
the amendments made by subsection (a) do not apply with 
respect to chapter 11 of such Code and with respect to prop-
erty acquired or passing from such decedent (within the 
meaning of section 1014(b) of such Code).
Such election 
shall be made at such time and in such manner as the Sec-
retary of the Treasury or the Secretary’s delegate shall pro-
vide. Such an election once made shall be revocable only 
with the consent of the Secretary of the Treasury or the Sec-
retary’s delegate. For purposes of section 2652(a)(1) of such 
Code, the determination of whether any property is subject
† HR 4853 EAS2 
this Act, the due date for filing any return under sec-
tion 2662 of the Internal Revenue Code of 1986 (in-
cluding any election required to be made on such a 
return) shall not be earlier than the date which is 9 
months after the date of the enactment of this Act. 
(e) EFFECTIVE DATE.—Except as otherwise provided 
in this section, the amendments made by this section shall 
apply to estates of decedents dying, and transfers made, 
after December 31, 2009. 
SEC. 302. MODIFICATIONS TO ESTATE, GIFT, AND GENERA-
TION-SKIPPING TRANSFER TAXES. 
(a) MODIFICATIONS TO ESTATE TAX.— 
(1) 
$5,000,000 
APPLICABLE
EXCLUSION 
AMOUNT.—Subsection (c) of section 2010 is amended 
to read as follows: 
‘‘(c) APPLICABLE CREDIT AMOUNT.— 
‘‘(1) IN GENERAL.—For purposes of this section, 
the applicable credit amount is the amount of the ten-
tative tax which would be determined under section 
2001(c) if the amount with respect to which such ten-
tative tax is to be computed were equal to the appli-
cable exclusion amount. 
‘‘(2) APPLICABLE EXCLUSION AMOUNT.—
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‘‘(A) IN
GENERAL.—For purposes of this 
subsection, the applicable exclusion amount is 
$5,000,000. 
‘‘(B) INFLATION ADJUSTMENT.—In the case 
of any decedent dying in a calendar year after 
2011, the dollar amount in subparagraph (A) 
shall be increased by an amount equal to— 
‘‘(i) such dollar amount, multiplied by 
‘‘(ii) the cost-of-living adjustment de-
termined under section 1(f)(3) for such cal-
endar year by substituting ‘calendar year 
2010’ for ‘calendar year 1992’ in subpara-
graph (B) thereof. 
If any amount as adjusted under the preceding 
sentence is not a multiple of $10,000, such 
amount shall be rounded to the nearest multiple 
of $10,000.’’. 
(2) MAXIMUM ESTATE TAX RATE EQUAL TO 35 
PERCENT.—Subsection (c) of section 2001 is amend-
ed— 
(A) by striking ‘‘Over $500,000’’ and all 
that follows in the table contained in paragraph 
(1) and inserting the following: 
‘‘Over $500,000 ........................................
$155,800, plus 35 percent of the excess 
of such amount over $500,000.’’, 
(B) by striking ‘‘(1) IN GENERAL.—’’, and
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(C) by striking paragraph (2). 
(b) MODIFICATIONS TO GIFT TAX.— 
(1) RESTORATION OF UNIFIED CREDIT AGAINST 
GIFT TAX.— 
(A) IN GENERAL.—Paragraph (1) of section 
2505(a), after the application of section 301(b), 
is amended by striking ‘‘(determined as if the 
applicable exclusion amount were $1,000,000)’’. 
(B) EFFECTIVE
DATE.—The amendment 
made by this paragraph shall apply to gifts 
made after December 31, 2010. 
(2) MODIFICATION OF GIFT TAX RATE.—On and 
after January 1, 2011, subsection (a) of section 2502 
is amended to read as such subsection would read if 
section 511(d) of the Economic Growth and Tax Re-
lief Reconciliation Act of 2001 had never been en-
acted. 
(c) MODIFICATION OF GENERATION-SKIPPING TRANS-
FER TAX.—In the case of any generation-skipping transfer 
made after December 31, 2009, and before January 1, 2011, 
the applicable rate determined under section 2641(a) of the 
Internal Revenue Code of 1986 shall be zero. 
(d) MODIFICATIONS OF ESTATE AND GIFT TAXES TO 
REFLECT DIFFERENCES IN CREDIT RESULTING FROM DIF-
FERENT TAX RATES.—
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(1) ESTATE TAX.— 
(A) IN
GENERAL.—Section 2001(b)(2) is 
amended by striking ‘‘if the provisions of sub-
section (c) (as in effect at the decedent’s death)’’ 
and inserting ‘‘if the modifications described in 
subsection (g)’’. 
(B) 
MODIFICATIONS.—Section 
2001 
is 
amended by adding at the end the following new 
subsection: 
‘‘(g) MODIFICATIONS TO GIFT TAX PAYABLE TO RE-
FLECT DIFFERENT TAX RATES.—For purposes of applying 
subsection (b)(2) with respect to 1 or more gifts, the rates 
of tax under subsection (c) in effect at the decedent’s death 
shall, in lieu of the rates of tax in effect at the time of such 
gifts, be used both to compute— 
‘‘(1) the tax imposed by chapter 12 with respect 
to such gifts, and 
‘‘(2) the credit allowed against such tax under 
section 2505, including in computing— 
‘‘(A) the applicable credit amount under 
section 2505(a)(1), and 
‘‘(B) the sum of the amounts allowed as a 
credit for all preceding periods under section 
2505(a)(2).’’.
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(2) GIFT TAX.—Section 2505(a) is amended by 
adding at the end the following new flush sentence: 
‘‘For purposes of applying paragraph (2) for any calendar 
year, the rates of tax in effect under section 2502(a)(2) for 
such calendar year shall, in lieu of the rates of tax in effect 
for preceding calendar periods, be used in determining the 
amounts allowable as a credit under this section for all pre-
ceding calendar periods.’’. 
(e) CONFORMING
AMENDMENT.—Section 2511 is 
amended by striking subsection (c). 
(f) EFFECTIVE DATE.—Except as otherwise provided 
in this subsection, the amendments made by this section 
shall apply to estates of decedents dying, generation-skip-
ping transfers, and gifts made, after December 31, 2009. 
SEC. 303. APPLICABLE EXCLUSION AMOUNT INCREASED BY 
UNUSED EXCLUSION AMOUNT OF DECEASED 
SPOUSE. 
(a) IN GENERAL.—Section 2010(c), as amended by 
section 302(a), is amended by striking paragraph (2) and 
inserting the following new paragraphs: 
‘‘(2) APPLICABLE
EXCLUSION
AMOUNT.—For 
purposes of this subsection, the applicable exclusion 
amount is the sum of— 
‘‘(A) the basic exclusion amount, and
† HR 4853 EAS2 
‘‘(B) in the case of a surviving spouse, the 
deceased spousal unused exclusion amount. 
‘‘(3) BASIC EXCLUSION AMOUNT.— 
‘‘(A) IN
GENERAL.—For purposes of this 
subsection, 
the 
basic 
exclusion 
amount 
is 
$5,000,000. 
‘‘(B) INFLATION ADJUSTMENT.—In the case 
of any decedent dying in a calendar year after 
2011, the dollar amount in subparagraph (A) 
shall be increased by an amount equal to— 
‘‘(i) such dollar amount, multiplied by 
‘‘(ii) the cost-of-living adjustment de-
termined under section 1(f)(3) for such cal-
endar year by substituting ‘calendar year 
2010’ for ‘calendar year 1992’ in subpara-
graph (B) thereof. 
If any amount as adjusted under the preceding 
sentence is not a multiple of $10,000, such 
amount shall be rounded to the nearest multiple 
of $10,000. 
‘‘(4) DECEASED
SPOUSAL
UNUSED
EXCLUSION 
AMOUNT.—For purposes of this subsection, with re-
spect to a surviving spouse of a deceased spouse dying 
after December 31, 2010, the term ‘deceased spousal 
unused exclusion amount’ means the lesser of—