188
‘‘(d) OTHER DEFINITIONS AND SPECIAL RULES.—
For purposes of this section—
‘‘(1) QUALIFIED
CAPITAL
GAIN.—Except as
otherwise provided in this subsection, the term
‘qualified capital gain’ means any gain recognized on
the sale or exchange of—
‘‘(A) a capital asset, or
‘‘(B) property used in the trade or busi-
ness (as defined in section 1231(b)).
‘‘(2) GAIN BEFORE 1998 OR AFTER 2007 NOT
QUALIFIED.—The term ‘qualified capital gain’ shall
not include any gain attributable to periods before
January 1, 1998, or after December 31, 2007.
‘‘(3) CERTAIN GAIN ON REAL PROPERTY NOT
QUALIFIED.—The term ‘qualified capital gain’ shall
not include any gain which would be treated as ordi-
nary income under section 1250 if section 1250 ap-
plied to all depreciation rather than the additional
depreciation.
‘‘(4) INTANGIBLES AND LAND NOT INTEGRAL
PART OF DC ZONE BUSINESS.—The term ‘qualified
capital gain’ shall not include any gain which is at-
tributable to real property, or an intangible asset,
which is not an integral part of a DC Zone business.
189
‘‘(5) RELATED
PARTY
TRANSACTIONS.—The
term ‘qualified capital gain’ shall not include any
gain attributable, directly or indirectly, in whole or
in part, to a transaction with a related person. For
purposes of this paragraph, persons are related to
each other if such persons are described in section
267(b) or 707(b)(1).
‘‘(e) CERTAIN OTHER RULES TO APPLY.—Rules
similar to the rules of subsections (g), (h), (i)(2), and (j)
of section 1202 shall apply for purposes of this section.
‘‘(f) SALES
AND EXCHANGES
OF INTERESTS
IN
PARTNERSHIPS AND S CORPORATIONS WHICH ARE DC
ZONE BUSINESSES.—In the case of the sale or exchange
of an interest in a partnership, or of stock in an S corpora-
tion, which was a DC Zone business during substantially
all of the period the taxpayer held such interest or stock,
the amount of qualified capital gain shall be determined
without regard to—
‘‘(1) any gain which is attributable to real prop-
erty, or an intangible asset, which is not an integral
part of a DC Zone business, and
‘‘(2) any gain attributable to periods before
January 1, 1998, or after December 31, 2007.
190
‘‘SEC. 1400D. CREDIT TO PROVIDE EQUIVALENT OF 10 PER-
CENT RATE BRACKET IN LIEU OF 15 PER-
CENT BRACKET.
‘‘(a) IN GENERAL.—In the case of a DC Zone indi-
vidual, there shall be allowed as a credit against the tax
imposed by this chapter for the taxable year an amount
equal to 5 percent of so much of the taxpayer’s taxable
income for the year as does not exceed the highest amount
of such income which is subject to the 15 percent rate
under section 1.
‘‘(b) DC ZONE INDIVIDUAL.—For purposes of this
section, the term ‘DC Zone individual’ means an individ-
ual who has a principal place of abode in the District of
Columbia Enterprise Zone for not less than 183 days of
the taxable year.
‘‘(c) CREDIT
NOT
TO
APPLY
TO
ESTATE
OR
TRUST.—This section shall not apply to an estate or trust.
‘‘(d) COORDINATION WITH OTHER CREDITS.—For
purposes of this chapter, the credit under this section shall
be treated as a credit under subpart A of part IV of sub-
chapter A.
‘‘(e) TERMINATION.—This section shall not apply to
any taxable year beginning after December 31, 2007.’’
(b) CREDITS MADE PART OF GENERAL BUSINESS
CREDIT.—
191
(1) Subsection (b) of section 38 is amended by
striking ‘‘plus’’ at the end of paragraph (11), by
striking the period at the end of paragraph (12) and
inserting ‘‘, plus’’, and by adding at the end the fol-
lowing new paragraph:
‘‘(13) the DC Zone investment credit deter-
mined under section 1400B(a).’’
(2) Subsection (d) of section 39 is amended by
adding at the end the following new paragraph:
‘‘(8) NO CARRYBACK OF DC ZONE CREDITS BE-
FORE EFFECTIVE DATE.—No portion of the unused
business credit for any taxable year which is attrib-
utable to the credit under section 1400B, or to the
credits under subchapter U by reason of section
1400, may be carried back to a taxable year ending
before the date of the enactment of sections 1400B
and 1400.’’
(3) Subsection (c) of section 196 is amended by
striking ‘‘and’’ at the end of paragraph (6), by strik-
ing the period at the end of paragraph (7) and in-
serting ‘‘, and’’, and by adding at the end the follow-
ing new paragraph:
‘‘(8) the DC Zone investment credit determined
under section 1400B(a).’’
192
(c) CLERICAL AMENDMENT.—The table of sub-
chapters for chapter 1 is amended by adding at the end
the following new item:
‘‘Subchapter W. District of Columbia Enterprise Zone.’’
(d) EFFECTIVE DATE.—This section shall take effect
on the date of the enactment of this Act.
SEC. 702. INCENTIVES CONDITIONED ON OTHER DC RE-
FORM.
The amendments made by section 701 shall not take
effect unless an entity known as the Economic Develop-
ment Corporation is created by Federal law in 1997 as
part of the District of Columbia government.
TITLE VIII—WELFARE-TO-WORK
INCENTIVES
SEC. 801. INCENTIVES FOR EMPLOYING LONG-TERM FAM-
ILY ASSISTANCE RECIPIENTS.
(a) IN GENERAL.—Subpart F of part IV of sub-
chapter A of chapter 1 is amended by inserting after sec-
tion 51 the following new section:
‘‘SEC. 51A. TEMPORARY INCENTIVES FOR EMPLOYING
LONG-TERM 
FAMILY 
ASSISTANCE 
RECIPI-
ENTS.
‘‘(a) DETERMINATION OF AMOUNT.—For purposes of
section 38, the amount of the welfare-to-work credit deter-
mined under this section for the taxable year shall be
equal to—
193
‘‘(1) 35 percent of the qualified first-year wages
for such year, and
‘‘(2) 50 percent of the qualified second-year
wages for such year.
‘‘(b) QUALIFIED WAGES DEFINED.—For purposes of
this section—
‘‘(1) IN GENERAL.—The term ‘qualified wages’
means the wages paid or incurred by the employer
during the taxable year to individuals who are long-
term family assistance recipients.
‘‘(2) QUALIFIED
FIRST-YEAR
WAGES.—The
term ‘qualified first-year wages’ means, with respect
to any individual, qualified wages attributable to
service rendered during the 1-year period beginning
with the day the individual begins work for the em-
ployer.
‘‘(3) QUALIFIED
SECOND-YEAR
WAGES.—The
term ‘qualified second-year wages’ means, with re-
spect to any individual, qualified wages attributable
to service rendered during the 1-year period begin-
ning on the day after the last day of the 1-year pe-
riod with respect to such individual determined
under paragraph (2).
‘‘(4) ONLY FIRST $10,000 OF WAGES PER YEAR
TAKEN INTO ACCOUNT.—The amount of the quali-
194
fied first-year wages, and the amount of qualified
second-year wages, which may be taken into account
with respect to any individual shall not exceed
$10,000 per year.
‘‘(5) WAGES.—
‘‘(A) IN GENERAL.—The term ‘wages’ has
the meaning given such term by section 51(c),
without regard to paragraph (4) thereof.
‘‘(B) CERTAIN
AMOUNTS
TREATED
AS
WAGES.—The term ‘wages’ includes amounts
paid or incurred by the employer which are ex-
cludable from such recipient’s gross income
under—
‘‘(i) section 105 (relating to amounts
received under accident and health plans),
‘‘(ii) section 106 (relating to contribu-
tions by employer to accident and health
plans),
‘‘(iii) section 127 (relating to edu-
cational assistance programs) or would be
so excludable but for section 127(d), but
only to the extent paid or incurred to a
person not related to the employer, or
‘‘(iv) section 129 (relating to depend-
ent care assistance programs).
195
The amount treated as wages by clause (i) or
(ii) for any period shall be based on the reason-
able cost of coverage for the period, but shall
not exceed the applicable premium for the pe-
riod under section 4980B(f)(4).
‘‘(C) SPECIAL RULES FOR AGRICULTURAL
AND RAILWAY LABOR.—If such recipient is an
employee to whom subparagraph (A) or (B) of
section 51(h)(1) applies, rules similar to the
rules of such subparagraphs shall apply except
that—
‘‘(i) such subparagraph (A) shall be
applied by substituting ‘$10,000’ for
‘$6,000’, and
‘‘(ii) such subparagraph (B) shall be
applied by substituting ‘$833.33’ for
‘$500’.
‘‘(c) LONG-TERM
FAMILY
ASSISTANCE
RECIPI-
ENTS.—For purposes of this section—
‘‘(1) IN GENERAL.—The term ‘long-term family
assistance recipient’ means any individual who is
certified by the designated local agency (as defined
in section 51(d)(10))—
‘‘(A) as being a member of a family receiv-
ing assistance under a IV-A program (as de-
196
fined in section 51(d)(2)(B)) for at least the
18-month period ending on the hiring date.
‘‘(B)(i) as being a member of a family re-
ceiving such assistance for 18 months beginning
after the date of the enactment of this section,
and
‘‘(ii) as having a hiring date which is not
more than 2 years after the end of the earliest
such 18-month period, or
‘‘(C)(i) as being a member of a family
which ceased to be eligible after the date of the
enactment of this section for such assistance by
reason of any limitation imposed by Federal or
State law on the maximum period such assist-
ance is payable to a family, and
‘‘(ii) as having a hiring date which is not
more than 2 years after the date of such ces-
sation.
‘‘(2) HIRING DATE.—The term ‘hiring date’ has
the meaning given such term by section 51(d).
‘‘(d) CERTAIN RULES TO APPLY.—
‘‘(1) IN GENERAL.—Rules similar to the rules
of section 52, and subsections (d)(11), (f), (g), (i)
(as in effect on the day before the date of the enact-
ment of the Revenue Reconciliation Act of 1997),
197
(j), and (k) of section 51, shall apply for purposes
of this section.
‘‘(2) CREDIT TO BE PART OF GENERAL BUSI-
NESS CREDIT, ETC.—References to section 51 in sec-
tion 38(b), 280C(a), and 1396(c)(3) shall be treated
as including references to this section.
‘‘(e) COORDINATION WITH WORK OPPORTUNITY
CREDIT.—If a credit is allowed under this section to an
employer with respect to an individual for any taxable
year, then for purposes of applying section 51 to such em-
ployer, such individual shall not be treated as a member
of a targeted group for such taxable year.
‘‘(f) TERMINATION.—This section shall not apply to
individuals who begin work for the employer after April
30, 1999.’’
(b) CLERICAL AMENDMENT.—The table of sections
for subpart F of part IV of subchapter A of chapter 1
is amended by inserting after the item relating to section
51 the following new item:
‘‘Sec. 51A. Temporary incentives for employing long-term family
assistance recipients.’’
(c) EFFECTIVE DATE.—The amendments made by
this section shall apply to individuals who begin work for
the employer after December 31, 1997.
198
TITLE IX—MISCELLANEOUS
PROVISIONS
Subtitle A—Provisions Relating to
Excise Taxes
SEC. 901. REPEAL OF TAX ON DIESEL FUEL USED IN REC-
REATIONAL BOATS.
(a) IN GENERAL.—Subparagraph (B) of section
6421(e)(2) (defining off-highway business use) is amended
by striking clauses (iii) and (iv).
(b) CONFORMING AMENDMENTS.—
(1) Subparagraph (A) of section 4041(a)(1) is
amended—
(A) by striking ‘‘, a diesel-powered train,
or a diesel-powered boat’’ each place it appears
and inserting ‘‘or a diesel-powered train’’, and
(B) by striking ‘‘vehicle, train, or boat’’
and inserting ‘‘vehicle or train’’.
(2) Paragraph (1) of section 4041(a) is amend-
ed by striking subparagraph (D).
(3) Paragraph (2) of section 9503(f) is amend-
ed by striking subparagraph (C) and by redesignat-
ing subparagraphs (D) and (E) as subparagraphs
(C) and (D), respectively.
(c) EFFECTIVE DATE.—The amendments made by
this section shall take effect on January 1, 1998.
199
SEC. 902. CONTINUED APPLICATION OF TAX ON IMPORTED
RECYCLED HALON-1211.
(a) IN GENERAL.—Paragraph (1) of section 4682(d)
is amended by striking ‘‘recycled halon’’ and inserting ‘‘re-
cycled Halon-1301 or recycled Halon-2402’’.
(b) EFFECTIVE DATE.—The amendment made by
subsection (a) shall take effect on the date of the enact-
ment of this Act.
SEC. 903. UNIFORM RATE OF TAX ON VACCINES.
(a) IN GENERAL.—Subsection (b) of section 4131 is
amended to read as follows:
‘‘(b) AMOUNT OF TAX.—
‘‘(1) IN GENERAL.—The amount of the tax im-
posed by subsection (a) shall be 84 cents per dose
of any taxable vaccine.
‘‘(2) COMBINATIONS OF VACCINES.—If any tax-
able vaccine is described in more than 1 subpara-
graph of section 4132(a)(1), the amount of the tax
imposed by subsection (a) on such vaccine shall be
the sum of the amounts for the vaccines which are
so included.’’
(b) TAXABLE VACCINES.—Paragraph (1) of section
4132(a) is amended to read as follows:
‘‘(1) TAXABLE
VACCINE.—The term ‘taxable
vaccine’ means any of the following vaccines which
are manufactured or produced in the United States
200
or entered into the United States for consumption,
use, or warehousing:
‘‘(A) Any vaccine containing diphtheria
toxoid.
‘‘(B) Any vaccine containing tetanus tox-
oid.
‘‘(C) Any vaccine containing pertussis bac-
teria, extracted or partial cell bacteria, or spe-
cific pertussis antigens.
‘‘(D) Any vaccine against measles.
‘‘(E) Any vaccine against mumps.
‘‘(F) Any vaccine against rubella.
‘‘(G) Any vaccine containing polio virus.
‘‘(H) Any HIB vaccine.
‘‘(I) Any vaccine against hepatitis B.
‘‘(J) Any vaccine against chicken pox.’’
(c) CONFORMING AMENDMENT.—Subsection (a) of
section 4132 is amended by striking paragraphs (2), (3),
and (4) and by redesignating paragraphs (5) through (8)
as paragraphs (2) through (5), respectively.
(d) EFFECTIVE DATE.—The amendments made by
this section shall take effect on October 1, 1997.
201
SEC. 904. OPERATORS OF MULTIPLE GASOLINE RETAIL
OUTLETS 
TREATED 
AS 
WHOLESALE 
DIS-
TRIBUTOR FOR REFUND PURPOSES.
(a) IN GENERAL.—Subparagraph (B) of section
6416(a)(4) (defining whole distributor) is amended by
adding at the end the following new sentence: ‘‘Such term
includes any person who makes retail sales of gasoline at
10 or more retail motor fuel outlets.’’
(b) EFFECTIVE DATE.—The amendment made by
subsection (a) shall take effect on the date of the enact-
ment of this Act.
SEC. 905. EXEMPTION OF ELECTRIC AND OTHER CLEAN-
FUEL 
MOTOR 
VEHICLES 
FROM 
LUXURY
AUTOMOBILE CLASSIFICATION.
(a) IN GENERAL.—Subsection (a) of section 4001
(relating to imposition of tax) is amended to read as fol-
lows:
‘‘(a) IMPOSITION OF TAX.—
‘‘(1) IN GENERAL.—There is hereby imposed on
the 1st retail sale of any passenger vehicle a tax
equal to 10 percent of the price for which so sold to
the extent such price exceeds the applicable amount.
‘‘(2) APPLICABLE AMOUNT.—
‘‘(A) IN GENERAL.—Except as provided in
subparagraphs (B) and (C), the applicable
amount is $30,000.
202
‘‘(B) QUALIFIED
CLEAN-FUEL
VEHICLE
PROPERTY.—In the case of a passenger vehicle
which is propelled by a fuel which is not a
clean-burning fuel to which is installed qualified
clean-fuel vehicle property (as defined in section
179A(c)(1)(A)) for purposes of permitting such
vehicle to be propelled by a clean-burning fuel,
the applicable amount is equal to the sum of—
‘‘(i) $30,000, plus
‘‘(ii) the increase in the price for
which the passenger vehicle was sold (with-
in the meaning of section 4002) due to the
installation of such property.
‘‘(C) PURPOSE
BUILT
PASSENGER
VEHI-
CLE.—
‘‘(i) IN GENERAL.—In the case of a
purpose built passenger vehicle, the appli-
cable amount is equal to 150 percent of
$30,000.
‘‘(ii) PURPOSE BUILT PASSENGER VE-
HICLE.—For purposes of clause (i), the
term ‘purpose built passenger vehicle’
means a passenger vehicle produced by an
original equipment manufacturer and de-
203
signed so that the vehicle may be propelled
primarily by electricity.’’
(b) CONFORMING AMENDMENTS.—
(1) Subsection (e) of section 4001 (relating to
inflation adjustment) is amended to read as follows:
‘‘(e) INFLATION ADJUSTMENT.—
‘‘(1) IN
GENERAL.—The $30,000 amount in
subparagraphs (A), (B)(i), and (C)(i) of subsection
(a)(2) shall be increased by an amount equal to—
‘‘(A) $30,000, multiplied by
‘‘(B) the cost-of-living adjustment under
section 1(f)(3) for the calendar year in which
the vehicle is sold, determined by substituting
‘calendar year 1990’ for ‘calendar year 1992’ in
subparagraph (B) thereof.
‘‘(2) ROUNDING.—If any amount as adjusted
under paragraph (1) is not a multiple of $2,000,
such amount shall be rounded to the next lowest
multiple of $2,000.’’
(2) Subsection (f) of section 4001 (relating to
phasedown) is amended by striking ‘‘subsection (a)’’
and inserting ‘‘subsection (a)(1)’’.
(3) Subparagraph (B) of section 4003(a)(2) is
amended to read as follows:
204
‘‘(B) the appropriate applicable amount as
determined under section 4001(a)(2).’’
(c) EFFECTIVE DATE.—The amendments made by
this section shall apply to sales and installations occurring
on or after the date of the enactment of this Act.
Subtitle B—Provisions Relating to
Pensions and Fringe Benefits
SEC. 911. SECTION 401(K) PLANS FOR CERTAIN IRRIGATION
AND DRAINAGE ENTITIES.
(a) IN GENERAL.—Subparagraph (B) of section
401(k)(7) (relating to rural cooperative plan) is amend-
ed—
(1) by striking ‘‘and’’ at the end of clause (iii),
by redesignating clause (iv) as clause (v), and by in-
serting after clause (iii) the following new clause:
‘‘(iv) any organization which—
‘‘(I) is a mutual irrigation or
ditch company described in section
501(c)(12) (without regard to the 85
percent requirement thereof), or
‘‘(II) is a district organized
under the laws of a State as a munici-
pal corporation for the purpose of irri-
gation, water conservation, or drain-
age, and’’, and
205
(2) in clause (v), as so redesignated, by striking
‘‘or (iii)’’ and inserting ‘‘, (iii), or (iv)’’.
(b) EFFECTIVE DATE.—The amendments made by
subsection (a) shall apply to years beginning after Decem-
ber 31, 1997.
SEC. 912. EXTENSION OF MORATORIUM ON APPLICATION
OF CERTAIN NONDISCRIMINATION RULES TO
STATE AND LOCAL GOVERNMENTS.
(a) GENERAL NONDISCRIMINATION AND PARTICIPA-
TION RULES.—
(1) 
NONDISCRIMINATION
REQUIREMENTS.—
Section 401(a)(5) (relating to qualified pension,
profit-sharing, and stock bonus plans) is amended by
adding at the end the following:
‘‘(G) 
GOVERNMENTAL
PLANS.—Para-
graphs (3) and (4) shall not apply to a govern-
mental plan (within the meaning of section
414(d)).’’.
(2) 
ADDITIONAL
PARTICIPATION
REQUIRE-
MENTS.—Section 401(a)(26)(H) (relating to addi-
tional participation requirements) is amended to
read as follows:
‘‘(H) EXCEPTION
FOR
GOVERNMENTAL
PLANS.—This paragraph shall not apply to a
206
governmental plan (within the meaning of sec-
tion 414(d)).’’.
(3) MINIMUM
PARTICIPATION
STANDARDS.—
Section 410(c)(2) (relating to application of partici-
pation standards to certain plans) is amended to
read as follows:
‘‘(2) A plan described in paragraph (1) shall be
treated as meeting the requirements of this section
for purposes of section 401(a), except that in the
case of a plan described in subparagraph (B), (C),
or (D) of paragraph (1), this paragraph shall only
apply if such plan meets the requirements of section
401(a)(3) (as in effect on September 1, 1974).’’.
(b) PARTICIPATION STANDARDS
FOR QUALIFIED
CASH
OR
DEFERRED
ARRANGEMENTS.—Section
401(k)(3) (relating to application of participation and dis-
crimination standards) is amended by adding at the end
the following:
‘‘(G)(i) The requirements of subparagraph
(A)(i) and (C) shall not apply to a govern-
mental plan (within the meaning of section
414(d)).
‘‘(ii) 
The 
requirements 
of 
subsection
(m)(2) (without regard to subsection (a)(4))
207
shall apply to any matching contribution of a
governmental plan (as so defined).’’.
(c) NONDISCRIMINATION
RULES
FOR
SECTION
403(b) PLANS.—Section 403(b)(12) (relating to non-
discrimination requirements) is amended by adding at the
end the following:
‘‘(C) GOVERNMENTAL
PLANS.—For pur-
poses of paragraph (1)(D), the requirements of
subparagraph (A)(i) shall not apply to a gov-
ernmental plan (within the meaning of section
414(d)).’’.
(d) EFFECTIVE DATE.—
(1) IN GENERAL.—The amendments made by
this section apply to taxable years beginning on or
after the date of enactment of this Act.
(2) TREATMENT
FOR
YEARS
BEGINNING
BE-
FORE DATE OF ENACTMENT.—A governmental plan
(within the meaning of section 414(d) of the Inter-
nal Revenue Code of 1986) shall be treated as satis-
fying the requirements of sections 401(a)(3),
401(a)(4), 
401(a)(26), 
401(k), 
401(m), 
403
(b)(1)(D) and (b)(12), and 410 of such Code for all
taxable years beginning before the date of enactment
of this Act.
208
SEC. 913. TREATMENT OF CERTAIN DISABILITY BENEFITS
RECEIVED BY FORMER POLICE OFFICERS OR
FIREFIGHTERS.
(a) GENERAL RULE.—For purposes of determining
whether any amount to which this section applies is ex-
cludable from gross income under section 104(a)(1) of the
Internal Revenue Code of 1986, the following conditions
shall be treated as personal injuries or sickness in the
course of employment:
(1) Heart disease.
(2) Hypertension.
(b) AMOUNTS TO WHICH SECTION APPLIES.—This
section shall apply to any amount—
(1) which is payable—
(A) to an individual (or to the survivors of
an individual) who was a full-time employee of
any police department or fire department which
is organized and operated by a State, by any
political subdivision thereof, or by any agency
or instrumentality of a State or political sub-
division thereof, and
(B) under a State law (as amended on
May 19, 1992) which irrebuttably presumed
that heart disease and hypertension are work-
related illnesses but only for employees separat-
ing from service before July 1, 1992; and
209
(2) which was received in calendar year 1989,
1990, or 1991.
(c) WAIVER OF STATUTE OF LIMITATIONS.—If, on
the date of the enactment of this Act (or at any time with-
in the 1-year period beginning on such date of enactment)
credit or refund of any overpayment of tax resulting from
the provisions of this section is barred by any law or rule
of law, credit or refund of such overpayment shall, never-
theless, be allowed or made if claim therefore is filed be-
fore the date 1 year after such date of enactment.
SEC. 914. PORTABILITY OF PERMISSIVE SERVICE CREDIT
UNDER GOVERNMENTAL PENSION PLANS.
(a) IN GENERAL.—Section 415(b)(2) (relating to the
limitation for defined benefit plans) is amended by adding
at the end the following new subparagraph:
‘‘(J) PURCHASE OF PERMISSIVE SERVICE
CREDIT.—
‘‘(i) BENEFITS TREATED AS DERIVED
FROM
EMPLOYER
CONTRIBUTIONS.—For
purposes of this section, the term ‘annual
benefit’ shall include the accrued benefit
derived from contributions to a govern-
mental plan (within the meaning of section
414(d)) to purchase permissive service
credit.
210
‘‘(ii) 
DEFINITION
OF
PERMISSIVE
SERVICE
CREDIT.—For purposes of this
subparagraph, the term ‘permissive service
credit’ means credit—
‘‘(I) for a period of service recog-
nized by a governmental plan for pur-
poses of calculating an employee’s ac-
crued benefit under such plan,
‘‘(II) which such employee has
not received (or has forfeited), and
‘‘(III) which such employee may
receive only by making a contribution,
as determined under the governmental
plan, which does not exceed the
amount (actuarially determined under
the terms of such governmental plan)
necessary to fund the accrued benefit
attributable to such period of service.
‘‘(iii) NO
EFFECT
ON
EMPLOYER
‘PICK-UP’ 
CONTRIBUTIONS.—Nothing in
this subparagraph shall be construed as
preventing 
the 
application 
of 
section
414(h) to contributions to purchase per-
missive service credit.’’
211
(b) CONFORMING AMENDMENT.—Section 415(c)(2)
is amended by adding at the end the following new sen-
tence: ‘‘The term ‘annual addition’ shall not include con-
tributions to purchase permissive service credit (within the
meaning of subsection (b)(2)(J)).’’
(c) EFFECTIVE DATE.—The amendments made by
this section shall apply to years beginning after December
31, 1997.
SEC. 915. GRATUITOUS TRANSFERS FOR THE BENEFIT OF
EMPLOYEES.
(a) IN GENERAL.—Subparagraph (C) of section
664(d)(1) and subparagraph (C) of section 664(d)(2) are
each amended by striking the period at the end thereof
and inserting ‘‘or, to the extent the remainder interest is
in qualified employer securities (as defined in paragraph
(3)(C)), is to be transferred to an employee stock owner-
ship plan (as defined in section 4975(e)(7)) in a qualified
gratuitous transfer (as defined by subsection (g)).’’
(b) QUALIFIED GRATUITOUS TRANSFER DEFINED.—
Section 664 is amended by adding at the end the following
new subsection:
‘‘(g) QUALIFIED GRATUITOUS TRANSFER OF QUALI-
FIED EMPLOYER SECURITIES.—
‘‘(1) IN GENERAL.—For purposes of this sec-
tion, the term ‘qualified gratuitous transfer’ means
212
a transfer of qualified employer securities to an em-
ployee stock ownership plan (as defined in section
4975(e)(7)) but only to the extent that—
‘‘(A) the securities transferred previously
passed from a decedent dying before January 1,
1999, to a trust described in paragraph (1) or
(2) of subsection (d),
‘‘(B) no deduction under section 404 is al-
lowable with respect to such transfer,
‘‘(C) such plan contains the provisions re-
quired by paragraph (3),
‘‘(D) such plan treats such securities as
being attributable to employer contributions but
without regard to the limitations otherwise ap-
plicable to such contributions under section
404, and
‘‘(E) the employer whose employees are
covered by the plan described in this paragraph
files with the Secretary a verified written state-
ment consenting to the application of sections
4978 and 4979A with respect to such employer.
‘‘(2) EXCEPTION.—The term ‘qualified gratu-
itous transfer’ shall not include a transfer of quali-
fied employer securities to an employee stock owner-
ship plan unless—
213
‘‘(A) such plan was in existence on August
1, 1996,
‘‘(B) at the time of the transfer, the dece-
dent and members of the decedent’s family
(within the meaning of section 267(c)(4)) own
(directly or through the application of section
318(a)) no more than 10 percent of the value
of the stock of the corporation referred to in
paragraph (4), and
‘‘(C) immediately after the transfer, such
plan owns (after the application of section
318(a)(4)) at least 60 percent of the value of
the outstanding stock of the corporation.
‘‘(3) PLAN REQUIREMENTS.—A plan contains
the provisions required by this paragraph if such
plan provides that—
‘‘(A) the qualified employer securities so
transferred are allocated to plan participants in
a manner consistent with section 401(a)(4),
‘‘(B) plan participants are entitled to di-
rect the plan as to the manner in which such
securities which are entitled to vote and are al-
located to the account of such participant are to
be voted,
214
‘‘(C) an independent trustee votes the se-
curities so transferred which are not allocated
to plan participants,
‘‘(D) each participant who is entitled to a
distribution from the plan has the rights de-
scribed in subparagraphs (A) and (B) of section
409(h)(1),
‘‘(E) such securities are held in a suspense
account under the plan to be allocated each
year, up to the limitations under section 415(c),
after first allocating all other annual additions
for the limitation year, up to the limitations
under sections 415 (c) and (e), and
‘‘(F) on termination of the plan, all securi-
ties so transferred which are not allocated to
plan participants as of such termination are to
be transferred to, or for the use of, an organi-
zation described in section 170(c).
For purposes of the preceding sentence, the term
‘independent trustee’ means any trustee who is not
a member of the family (within the meaning of sec-
tion 267(c)(4)) of the decedent or a 5-percent share-
holder. A plan shall not fail to be treated as meeting
the requirements of section 401(a) by reason of
meeting the requirements of this subsection.
215
‘‘(4) QUALIFIED EMPLOYER SECURITIES.—For
purposes of this section, the term ‘qualified employer
securities’ means employer securities (as defined in
section 409(l)) which are issued by a domestic cor-
poration—
‘‘(A) which has no outstanding stock which
is readily tradable on an established securities
market, and
‘‘(B) which has only 1 class of stock.
‘‘(5) TREATMENT OF SECURITIES ALLOCATED
BY
EMPLOYEE
STOCK
OWNERSHIP
PLAN
TO
PER-
SONS
RELATED
TO
DECEDENT
OR
5-PERCENT
SHAREHOLDERS.—
‘‘(A) IN GENERAL.—If any portion of the
assets of the plan attributable to securities ac-
quired by the plan in a qualified gratuitous
transfer are allocated to the account of—
‘‘(i) any person who is related to the
decedent (within the meaning of section
267(b)), or
‘‘(ii) any person who, at the time of
such allocation or at any time during the
1-year period ending on the date of the ac-
quisition of qualified employer securities by
216
the plan, is a 5-percent shareholder of the
employer maintaining the plan,
the plan shall be treated as having distributed
(at the time of such allocation) to such person
or shareholder the amount so allocated.
‘‘(B) 
5-PERCENT
SHAREHOLDER.—For
purposes of subparagraph (A), the term ‘5-per-
cent shareholder’ means any person who owns
(directly or through the application of section
318(a)) more than 5 percent of the outstanding
stock of the corporation which issued such
qualified employer securities or of any corpora-
tion which is a member of the same controlled
group of corporations (within the meaning of
section 409(l)(4)) as such corporation. For pur-
poses of the preceding sentence, section 318(a)
shall be applied without regard to the exception
in paragraph (2)(B)(i) thereof.
‘‘(C) CROSS REFERENCE.—
‘‘For excise tax on allocations described in sub-
paragraph (A), see section 4979A.
‘‘(6) 
TAX
ON
FAILURE
TO
TRANSFER
UNALLOCATED SECURITIES TO CHARITY ON TERMI-
NATION OF PLAN.—If the requirements of paragraph
(3)(F) are not met with respect to any securities,
217
there is hereby imposed a tax on the employer main-
taining the plan in an amount equal to the sum of—
‘‘(A) the amount of the increase in the tax
which would be imposed by chapter 11 if such
securities were not transferred as described in
paragraph (1), and
‘‘(B) interest on such amount at the
underpayment rate under section 6621 (and
compounded daily) from the due date for filing
the return of the tax imposed by chapter 11.’’
(c) CONFORMING AMENDMENTS.—
(1) Section 401(a)(1) is amended by inserting
‘‘or by a charitable remainder trust pursuant to a
qualified gratuitous transfer (as defined in section
664(g)(1)),’’ after ‘‘stock bonus plans),’’.
(2) Section 404(a)(9) is amended by inserting
after subparagraph (B) the following new subpara-
graph:
‘‘(C) A qualified gratuitous transfer (as de-
fined in section 664(g)(1)) shall have no effect
on the amount or amounts otherwise deductible
under paragraph (3) or (7) or under this para-
graph.’’
(3) Section 415(c)(6) is amended by adding at
the end thereof the following new sentence:
218
‘‘The amount of any qualified gratuitous transfer
(as defined in section 664(g)(1)) allocated to a par-
ticipant for any limitation year shall not exceed the
limitations imposed by this section, but such amount
shall not be taken into account in determining
whether any other amount exceeds the limitations
imposed by this section.’’
(4) Section 415(e) is amended—
(A) by redesignating paragraph (6) as
paragraph (7), and
(B) by inserting after paragraph (5) the
following new paragraph:
‘‘(6) SPECIAL
RULE
FOR
QUALIFIED
GRATU-
ITOUS TRANSFERS.—Any qualified gratuitous trans-
fer of qualified employer securities (as defined by
section 664(g)) shall not be taken into account in
calculating, and shall not be subject to, the limita-
tions provided in this subsection.’’
(5) Subparagraph (B) of section 664(d)(1) and
subparagraph (B) of section 664(d)(2) are each
amended by inserting ‘‘and other than qualified gra-
tuitous transfers described in subparagraph (C)’’
after ‘‘subparagraph (A)’’.
(6) Paragraph (4) of section 674(b) is amended
by inserting before the period ‘‘or to an employee
219
stock ownership plan (as defined in section
4975(e)(7)) in a qualified gratuitous transfer (as de-
fined in section 664(g)(1))’’.
(7) Section 2055(a) is amended—
(i) by striking ‘‘or’’ at the end of para-
graph (3),
(ii) by striking the period at the end of
paragraph (4) and inserting ‘‘; or’’, and
(iii) by inserting after paragraph (4) the
following new paragraph:
‘‘(5) to an employee stock ownership plan if
such transfer qualifies as a qualified gratuitous
transfer of qualified employer securities within the
meaning of section 664(g).’’
(8) Paragraph (8) of section 2056(b) is amend-
ed to read as follows:
‘‘(8) SPECIAL RULE FOR CHARITABLE REMAIN-
DER TRUSTS.—
‘‘(A) 
IN
GENERAL.—If 
the 
surviving
spouse of the decedent is the only beneficiary of
a qualified charitable remainder trust who is
not a charitable beneficiary nor an ESOP bene-
ficiary, paragraph (1) shall not apply to any in-
terest in such trust which passes or has passed
from the decedent to such surviving spouse.
220
‘‘(B) DEFINITIONS.—For purposes of sub-
paragraph (A)—
‘‘(i) CHARITABLE BENEFICIARY.—The
term ‘charitable beneficiary’ means any
beneficiary which is an organization de-
scribed in section 170(c).
‘‘(ii) ESOP BENEFICIARY.—The term
‘ESOP beneficiary’ means any beneficiary
which is an employee stock ownership plan
(as defined in section 4975(e)(7)) that
holds a remainder interest in qualified em-
ployer securities (as defined in section
664(g)(4)) to be transferred to such plan
in a qualified gratuitous transfer (as de-
fined in section 664(g)(1)).
‘‘(iii) QUALIFIED
CHARITABLE
RE-
MAINDER
TRUST.—The term ‘qualified
charitable remainder trust’ means a chari-
table remainder annuity trust or a chari-
table remainder unitrust (described in sec-
tion 664).’’
(9) Section 4947(b) is amended by inserting
after paragraph (3) the following new paragraph:
‘‘(4) SECTION 507.—The provisions of section
507(a) shall not apply to a trust which is described
221
in subsection (a)(2) by reason of a distribution of
qualified employer securities (as defined in section
664(g)(4)) to an employee stock ownership plan (as
defined in section 4975(e)(7)) in a qualified gratu-
itous transfer (as defined by section 664(g)).’’
(10) The last sentence of section 4975(e)(7) is
amended by inserting ‘‘and section 664(g)’’ after
‘‘section 409(n)’’
(11) Subsection (a) of section 4978 is amend-
ed—
(A) by inserting ‘‘or acquired any qualified
employer securities in a qualified gratuitous
transfer to which section 664(g) applied’’ after
‘‘section 1042 applied’’, and
(B) by inserting before the period at the
end of subparagraph (B) ‘‘60 percent of the
total value of all employer securities as of such
disposition in the case of any qualified employer
securities in a qualified gratuitous transfer to
which section 664(g) applied)’’.
(12) Paragraph (2) of section 4978(b) is
amended—
(A) by inserting ‘‘or acquired in the quali-
fied gratuitous transfer to which section 664(g)
applied’’ after ‘‘section 1042 applied’’, and
222
(B) by inserting ‘‘or to which section
664(g) applied’’ after ‘‘section 1042 applied’’ in
subparagraph (C) thereof.
(13) Subsection (c) of section 4978 is amended
by striking ‘‘written statement’’ and all that follows
and inserting ‘‘written statement described in sec-
tion 664(g)(1)(E) or in section 1042(b)(3) (as the
case may be).’’
(14) Paragraph (2) of section 4978(e) is
amended by striking the period and inserting ‘‘; ex-
cept that such section shall be applied without re-
gard to subparagraph (B) thereof for purposes of
applying this section and section 4979A with respect
to securities acquired in a qualified gratuitous trans-
fer (as defined in section 664(g)(1)).’’
(15) Subsection (a) of section 4979A is amend-
ed to read as follows:
‘‘(a) IMPOSITION OF TAX.—If—
‘‘(1) there is a prohibited allocation of qualified
securities by any employee stock ownership plan or
eligible worker-owned cooperative, or
‘‘(2) there is an allocation described in section
664(g)(5)(A),
there is hereby imposed a tax on such allocation equal to
50 percent of the amount involved.’’
223
(16) Subsection (c) of section 4979A is amend-
ed to read as follows:
‘‘(c) LIABILITY FOR TAX.—The tax imposed by this
section shall be paid by—
‘‘(1) the employer sponsoring such plan, or
‘‘(2) the eligible worker-owned cooperative,
which made the written statement described in section
664(g)(1)(E) or in section 1042(b)(3)(B) (as the case may
be).’’
(17) Section 4979A is amended by redesignat-
ing subsection (d) as subsection (e) and by inserting
after subsection (c) the following new subsection:
‘‘(d) SPECIAL STATUTE OF LIMITATIONS FOR TAX
ATTRIBUTABLE TO CERTAIN ALLOCATIONS.—The statu-
tory period for the assessment of any tax imposed by this
section on an allocation described in subsection (a)(2) of
qualified employer securities shall not expire before the
date which is 3 years from the later of—
‘‘(1) the 1st allocation of such securities in con-
nection with a qualified gratuitous transfer (as de-
fined in section 664(g)(1)), or
‘‘(2) the date on which the Secretary is notified
of the allocation described in subsection (a)(2).’’
(d) EFFECTIVE DATE.—The amendments made by
this section shall apply to transfers made by trusts to, or
224
for the use of, an employee stock ownership plan after the
date of the enactment of this Act.
SEC. 916. TREATMENT OF CERTAIN TRANSPORTATION ON
NON-COMMERCIALLY OPERATED AIRCRAFT
AS A FRINGE BENEFIT EXCLUDABLE FROM
GROSS INCOME.
(a) IN GENERAL.—Subsection (b) of section 132 (re-
lating to no-additional-cost service defined) is amended to
read as follows:–
‘‘(b) NO-ADDITIONAL-COST SERVICE DEFINED.—
For purposes of this section, the term ‘no-additional-cost
service’ means any service provided by an employer to an
employee for use by such employee if—––
‘‘(1) such service—
‘‘(A) is offered for sale to customers in the
ordinary course of the line of business of the
employer in which the employee is performing
services, or
‘‘(B) consists of transportation on an air-
craft, if—
‘‘(i) transportation on such aircraft is
not offered for sale to customers,
‘‘(ii) such transportation for use by
such employee is provided on a flight made
in the ordinary course of the trade or busi-
225
ness of an employer which owns or leases
such aircraft for use in such trade or busi-
ness, and
‘‘(iii) the flight on which the transpor-
tation is provided would have been made
whether or not such employee was trans-
ported on the flight, and––
‘‘(2) the employer incurs no substantial addi-
tional cost (including forgone revenue) in providing
such service to the employee (determined without re-
gard to any amount paid by the employee for such
service).’’
(b) EFFECTIVE DATE.—The amendment made by
subsection (a) shall apply to services provided after De-
cember 31, 1997.
SEC. 917. MINIMUM PENSION ACCRUED BENEFIT DISTRIB-
UTABLE WITHOUT CONSENT INCREASED TO
$5,000.
(a) IN GENERAL.—Subparagraph (A) of section
411(a)(11) (relating to restrictions on certain mandatory
distributions) is amended by striking ‘‘$3,500’’ and insert-
ing ‘‘the applicable limit’’.
(b) APPLICABLE LIMIT.—Paragraph (11) of section
411(a) is amended by adding at the end the following new
subparagraph:
226
‘‘(D) APPLICABLE LIMIT.—
‘‘(i) IN
GENERAL.—For purposes of
subparagraph (A), the applicable limit is
$5,000.
‘‘(ii) INFLATION
ADJUSTMENT.—In
the case of plan years beginning in a cal-
endar year after 1998, the dollar amount
contained in clause (i) shall be increased
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 1997’ for ‘calendar
year 1992’ in subparagraph (B) there-
of.
If any amount as adjusted under the pre-
ceding sentence is not a multiple of $50,
such amount shall be rounded to the next
lowest multiple of $50.’’
(c) CONFORMING AMENDMENTS.—
(1) Section 411(a)(7)(B), paragraphs (1) and
(2) of section 417(e), and section 457(e)(9) are each
amended by striking ‘‘$3,500’’ each place in appears
227
(other than the headings) and inserting ‘‘the appli-
cable limit under section 411(a)(11)(D)’’.
(2) The headings for paragraphs (1) and (2) of
section 417(e) and subparagraph (A) of section
457(e)(9) are each amended by striking ‘‘$3,500’’
and inserting ‘‘APPLICABLE LIMIT’’.
(d) EFFECTIVE DATE.—The amendments made by
this section shall apply to plan years beginning after the
date of the enactment of this Act.
SEC. 918. CLARIFICATION OF CERTAIN RULES RELATING
TO EMPLOYEE STOCK OWNERSHIP PLANS OF
S CORPORATIONS.
(a) CERTAIN CASH DISTRIBUTIONS PERMITTED.—
(1) Paragraph (2) of section 409(h) is amended
by adding at the end the following new subpara-
graph:
‘‘(B) PLAN MAINTAINED BY S CORPORA-
TION.—In the case of a plan established and
maintained by an S corporation which otherwise
meets the requirements of this subsection or
section 4975(e)(7), such plan shall not be treat-
ed as failing to meet the requirements of this
subsection or section 401(a) merely because it
does not permit a participant to exercise the
right described in paragraph (1)(A) if such plan
228
provides that the participant entitled to a dis-
tribution has a right to receive the distribution
in cash.’’
(2) Paragraph (2) of section 409(h) is amend-
ed—
(A) by striking ‘‘a plan which’’ in the first
sentence and inserting the following:
‘‘(A) IN GENERAL.—A plan which’’, and
(B) by moving the text before subpara-
graph (B) 2 ems to the right.
(b) SHAREHOLDER-EMPLOYEES NOT TREATED AS
OWNER-EMPLOYEES
UNDER
TAX
ON
PROHIBITED
TRANSACTIONS.—The last sentence of section 4975(d) is
amended by striking all that follows ‘‘preceding sentence,’’
through ‘‘Revision Act of 1982,’’.
(c) EFFECTIVE DATE.—The amendments made by
this section shall apply to taxable years beginning after
December 31, 1997.
Subtitle C—Revisions Relating to
Disasters
SEC. 921. AUTHORITY TO POSTPONE CERTAIN TAX-RELAT-
ED 
DEADLINES 
BY 
REASON 
OF 
PRESI-
DENTIALLY DECLARED DISASTER.
(a) IN GENERAL.—Chapter 77 is amended by insert-
ing after section 7508 the following new section:
229
‘‘SEC. 7508A. AUTHORITY TO POSTPONE CERTAIN TAX-RE-
LATED DEADLINES BY REASON OF PRESI-
DENTIALLY DECLARED DISASTER.
‘‘(a) IN GENERAL.—In the case of a taxpayer deter-
mined by the Secretary to be affected by a Presidentially
declared disaster (as defined by section 1033(h)(3)), the
Secretary may prescribe regulations under which a period
of up to 90 days may be disregarded in determining, under
the internal revenue laws, in respect of any tax liability
(including any penalty, additional amount, or addition to
the tax) of such taxpayer—
‘‘(1) whether any of the acts by the taxpayer
described in paragraph (1) of section 7508(a) were
performed within the time prescribed therefor, and
‘‘(2) the amount of any credit or refund.
‘‘(b) INTEREST ON OVERPAYMENTS AND UNDERPAY-
MENTS.—Subsection (a) shall not apply for the purpose
of determining interest on any overpayment or underpay-
ment.’’
(b) CLERICAL AMENDMENT.—The table of sections
for chapter 77 is amended by inserting after the item re-
lating to section 7508 the following new item:
‘‘Sec. 7508A. Authority to postpone certain tax-related deadlines
by reason of presidentially declared disaster.’’
(c) EFFECTIVE DATE.—The amendments made by
this section shall apply with respect to any period for per-
230
forming an act that has not expired before the date of
the enactment of this Act.
SEC. 922. USE OF CERTAIN APPRAISALS TO ESTABLISH
AMOUNT OF DISASTER LOSS.
(a) IN GENERAL.—Subsection (i) of section 165 is
amended by adding at the end the following new para-
graph:
‘‘(4) USE OF DISASTER LOAN APPRAISALS TO
ESTABLISH AMOUNT OF LOSS.—Nothing in this title
shall be construed to prohibit the Secretary from
prescribing regulations or other guidance under
which an appraisal for the purpose of obtaining a
loan of Federal funds or a loan guarantee from the
Federal Government as a result of a Presidentially
declared disaster (as defined by section 1033(h)(3))
may be used to establish the amount of any loss de-
scribed in paragraph (1) or (2).’’
(b) EFFECTIVE DATE.—The amendment made by
subsection (a) shall take effect on the date of the enact-
ment of this Act.
SEC. 923. TREATMENT OF LIVESTOCK SOLD ON ACCOUNT
OF WEATHER-RELATED CONDITIONS.
(a) DEFERRAL OF INCOME INCLUSION.—Subsection
(e) of section 451 (relating to special rules for proceeds
from livestock sold on account of drought) is amended—
231
(1) by striking ‘‘drought conditions, and that
these drought conditions’’ in paragraph (1) and in-
serting ‘‘drought, flood, or other weather-related
conditions, and that such conditions’’; and
(2) by inserting ‘‘, FLOOD, OR OTHER WEATH-
ER-RELATED CONDITIONS’’ after ‘‘DROUGHT’’ in the
subsection heading.
(b) INVOLUNTARY CONVERSIONS.—Subsection (e) of
section 1033 (relating to livestock sold on account of
drought) is amended—
(1) by inserting ‘‘, flood, or other weather-relat-
ed conditions’’ before the period at the end thereof;
and
(2) by inserting ‘‘, FLOOD, OR OTHER WEATH-
ER-RELATED CONDITIONS’’ after ‘‘DROUGHT’’ in the
subsection heading.
(c) EFFECTIVE DATE.—The amendments made by
this section shall apply to sales and exchanges after De-
cember 31, 1996.
SEC. 924. MORTGAGE FINANCING FOR RESIDENCES LO-
CATED IN DISASTER AREAS.
Subsection (k) of section 143 (relating to mortgage
revenue bonds; qualified mortgage bond and qualified vet-
eran’s mortgage bond) is amended by adding at the end
the following new paragraph:
232
‘‘(11) SPECIAL
RULES
FOR
RESIDENCES
LO-
CATED IN DISASTER AREAS.—In the case of a resi-
dence located in an area determined by the Presi-
dent to warrant assistance from the Federal Govern-
ment under the Disaster Relief and Emergency As-
sistance Act (as in effect on the date of the enact-
ment of the Revenue Reconciliation Act of 1997),
this section shall be applied with the following modi-
fications to financing provided with respect to such
residence within 1 year after the date of the disaster
declaration:
‘‘(A) Subsection (d) (relating to 3-year re-
quirement) shall not apply.
‘‘(B) Subsections (e) and (f) (relating to
purchase price requirement and income require-
ment) shall be applied as if such residence were
a targeted area residence.
The preceding sentence shall apply only with respect
to bonds issued after December 31, 1996, and before
January 1, 2000.’’
233
Subtitle D—Provisions Relating to
Employment Taxes
SEC. 931. CLARIFICATION OF EMPLOYMENT TAX STATUS OF
INDIVIDUALS DISTRIBUTING BAKERY PROD-
UCTS.
(a) INTERNAL REVENUE CODE.—Subparagraph (A)
of section 3121(d)(3) is amended by striking ‘‘bakery
products,’’.
(b) SOCIAL SECURITY ACT.—Subparagraph (A) of
section 210(j)(3) of the Social Security Act is amended
by striking ‘‘bakery products,’’.
(c) EFFECTIVE DATE.—The amendments made by
this section shall apply to services performed after Decem-
ber 31, 1997.
SEC. 932. CLARIFICATION OF STANDARD TO BE USED IN
DETERMINING EMPLOYMENT TAX STATUS OF
SECURITIES BROKERS.
(a) IN GENERAL.—In determining for purposes of
the Internal Revenue Code of 1986 whether a registered
representative of a securities broker-dealer is an employee
(as defined in section 3121(d) of the Internal Revenue
Code of 1986), no weight shall be given to instructions
from the service recipient which are imposed only in com-
pliance with investor protection standards imposed by the
Federal Government, any State government, or a govern-
234
ing body pursuant to a delegation by a Federal or State
agency.
(b) EFFECTIVE DATE.—Subsection (a) shall apply to
services performed after December 31, 1997.
SEC. 933. CLARIFICATION OF EXEMPTION FROM SELF-EM-
PLOYMENT TAX FOR CERTAIN TERMINATION
PAYMENTS RECEIVED BY FORMER INSUR-
ANCE SALESMEN.
(a) INTERNAL REVENUE CODE.—Section 1402 (re-
lating to definitions) is amended by adding at the end the
following new subsection:
‘‘(k) CODIFICATION
OF TREATMENT
OF CERTAIN
TERMINATION PAYMENTS RECEIVED BY FORMER INSUR-
ANCE SALESMEN.—Nothing in subsection (a) shall be con-
strued as including in the net earnings from self-employ-
ment of an individual any amount received during the tax-
able year from an insurance company on account of serv-
ices performed by such individual as an insurance sales-
man for such company if—
‘‘(1) such amount is received after termination
of such individual’s agreement to perform such serv-
ices for such company,
‘‘(2) such individual performs no services for
such company after such termination and before the
close of such taxable year,
235
‘‘(3) such individual enters into a covenant not
to compete against such company which applies to at
least the 1-year period beginning on the date of such
termination, and
‘‘(4) the amount of such payment—
‘‘(A) depends solely on policies sold by
such individual during the last year of such
agreement and the extent to which such policies
remain in force for some period after such ter-
mination, and
‘‘(B) does not depend to any extent on
length of service or overall earnings from serv-
ices performed for such company.’’
(b) SOCIAL SECURITY ACT.—Section 211 of the So-
cial Security Act is amended by adding at the end the fol-
lowing new subsection:
‘‘Codification of Treatment of Certain Termination
Payments Received by Former Insurance Salesmen
‘‘(j) Nothing in subsection (a) shall be construed as
including in the net earnings from self-employment of an
individual any amount received during the taxable year
from an insurance company on account of services per-
formed by such individual as an insurance salesman for
such company if—
236
‘‘(1) such amount is received after termination
of such individual’s agreement to perform such serv-
ices for such company,
‘‘(2) such individual performs no services for
such company after such termination and before the
close of such taxable year,
‘‘(3) such individual enters into a covenant not
to compete against such company which applies to at
least the 1-year period beginning on the date of such
termination, and
‘‘(4) the amount of such payment—
‘‘(A) depends solely on policies sold by
such individual during the last year of such
agreement and the extent to which such policies
remain in force for some period after such ter-
mination, and
‘‘(B) does not depend to any extent on
length of service or overall earnings from serv-
ices performed for such company.’’
(c) EFFECTIVE DATE.—The amendments made by
this section shall apply to payments after December 31,
1997.
237
SEC. 934. STANDARDS FOR DETERMINING WHETHER INDI-
VIDUALS ARE NOT EMPLOYEES.
(a) IN GENERAL.—Chapter 25 (general provisions re-
lating to employment taxes) is amended by adding after
section 3510 the following new section:
‘‘SEC. 3511. STANDARDS FOR DETERMINING WHETHER IN-
DIVIDUALS ARE NOT EMPLOYEES.
‘‘(a) GENERAL RULE.—For purposes of this title,
and notwithstanding any provision of this title to the con-
trary, if the requirements of subsections (b), (c), and (d)
are met with respect to any service performed by any indi-
vidual, then with respect to such service—
‘‘(1) the service provider shall not be treated as
an employee,
‘‘(2) the service recipient shall not be treated as
an employer, and
‘‘(3) the payor shall not be treated as an em-
ployer.
‘‘(b) SERVICE PROVIDER REQUIREMENTS WITH RE-
GARD TO SERVICE RECIPIENT.—For the purposes of sub-
section (a), the requirements of this subsection are met
if the service provider, in connection with performing the
service—
‘‘(1) has a significant investment in assets and/
or training,
‘‘(2) incurs significant unreimbursed expenses,
238
‘‘(3) agrees to perform the service for a particu-
lar amount of time or to complete a specific result
and is liable for damages for early termination with-
out cause,
‘‘(4) is paid primarily on a commissioned basis,
or
‘‘(5) purchases products for resale.
‘‘(c) ADDITIONAL SERVICE PROVIDER REQUIRE-
MENTS WITH REGARD TO OTHERS.—For the purposes of
subsection (a), the requirements of this subsection are met
if—
‘‘(1) the service provider—
‘‘(A) has a principal place of business,
‘‘(B) does not primarily provide the service
in the service recipient’s place of business, or
‘‘(C) pays a fair market rent for use of the
service recipient’s place of business; or
‘‘(2) the service provider—
‘‘(A) is not required to perform service ex-
clusively for the service recipient, and
‘‘(B) in the year involved, or in the preced-
ing or subsequent year—
‘‘(i) has performed a significant
amount of service for other persons,
239
‘‘(ii) has offered to perform service for
other persons through—
‘‘(I) advertising,
‘‘(II) individual written or oral
solicitations,
‘‘(III) 
listing 
with 
registries,
agencies, brokers, and other persons
in the business of providing referrals
to other service recipients, or
‘‘(IV) other similar activities, or
‘‘(iii) provides service under a busi-
ness name which is registered with (or for
which a license has been obtained from) a
State, a political subdivision of a State, or
any agency or instrumentality of 1 or more
States or political subdivisions.
‘‘(d) WRITTEN DOCUMENT REQUIREMENTS.—For
purposes of subsection (a), the requirements of this sub-
section are met if the services performed by the individual
are performed pursuant to a written contract between
such individual and the person for whom the services are
performed, or the payor, and such contract provides that
the individual will not be treated as an employee with re-
spect to such services for purposes of this subtitle or sub-
title A.
240
‘‘(e) SPECIAL RULES.—For purposes of this sec-
tion—
‘‘(1) If for any taxable year any service recipi-
ent or payor fails to meet the applicable reporting
requirements of sections 6041(a), 6041A(a), or 6051
with respect to a service provider, then, unless such
failure is due to reasonable cause and not willful ne-
glect, this section shall not apply in determining
whether such service provider shall not be treated as
an employee of such service recipient or payor for
such year.
‘‘(2) If the service provider is performing serv-
ices through an entity owned in whole or in part by
such service provider, then the references to ‘service
provider’ in subsections (b) through (d) may include
such entity, provided that the written contract re-
ferred to in paragraph (1) of subsection (d) may be
with either the service provider or such entity and
need not be with both.
‘‘(f) DEFINITIONS.—For the purposes of this sec-
tion—
‘‘(1) SERVICE
PROVIDER.—The term ‘service
provider’ means any individual who performs service
for another person.
241
‘‘(2) SERVICE RECIPIENT.—Except as provided
in paragraph (5), the term ‘service recipient’ means
the person for whom the service provider performs
such service.
‘‘(3) PAYOR.—Except as provided in paragraph
(5), the term ‘payor’ means the person who pays the
service provider for the performance of such service
in the event that the service recipients do not pay
the service provider.
‘‘(4) IN CONNECTION WITH PERFORMING THE
SERVICE.—The term ‘in connection with performing
the service’ means in connection or related to—
‘‘(A) the actual service performed by the
service provider for the service recipients or for
other persons for whom the service provider has
performed similar service, or
‘‘(B) the operation of the service provider’s
trade or business.
‘‘(5) EXCEPTIONS.—The terms ‘service recipi-
ent’ and ‘payor’ do not include any entity which is
owned in whole or in part by the service provider.’’
(b) CLERICAL AMENDMENT.—The table of sections
for chapter 25 is amended by adding at the end the follow-
ing new item:
‘‘Sec. 3511. Standards for determining whether individuals are
not employees.’’
242
(c) EFFECTIVE DATE.—The amendments made by
this section shall apply to services performed after Decem-
ber 31, 1997.
Subtitle E—Provisions Relating to
Small Businesses
SEC. 941. WAIVER OF PENALTY THROUGH 1998 ON SMALL
BUSINESSES FAILING TO MAKE ELECTRONIC
FUND TRANSFERS OF TAXES.
No penalty shall be imposed under the Internal Reve-
nue Code of 1986 solely by reason of a failure by a person
to use the electronic fund transfer system established
under section 6302(h) of such Code if—
(1) such person is a member of a class of tax-
payers first required to use such system on or after
July 1, 1997, and
(2) such failure occurs before January 1, 1999.
SEC. 942. CLARIFICATION OF TREATMENT OF HOME OF-
FICE USE FOR ADMINISTRATIVE AND MAN-
AGEMENT ACTIVITIES.
(a) IN GENERAL.—Paragraph (1) of section 280A(c)
is amended by adding at the end the following new sen-
tence: ‘‘For purposes of subparagraph (A), the term ‘prin-
cipal place of business’ includes a place of business which
is used by the taxpayer for the administrative or manage-
ment activities of any trade or business of the taxpayer
243
if there is no other fixed location of such trade or business
where the taxpayer conducts substantial administrative or
management activities of such trade or business.’’
(b) EFFECTIVE DATE.—The amendment made by
subsection (a) shall apply to taxable years beginning after
December 31, 1997.
Subtitle F—Other Provisions
SEC. 951. USE OF ESTIMATES OF SHRINKAGE FOR INVEN-
TORY ACCOUNTING.
(a) IN GENERAL.—Section 471 (relating to general
rule for inventories) is amended by redesignating sub-
section (b) as subsection (c) and by inserting after sub-
section (a) the following new subsection:
‘‘(b) ESTIMATES OF INVENTORY SHRINKAGE PER-
MITTED.—A method of determining inventories shall not
be deemed not to clearly reflect income solely because it
utilizes estimates of inventory shrinkage that are con-
firmed by a physical count only after the last day of the
taxable year if—
‘‘(1) the taxpayer normally does a physical
count of inventories at each location on a regular
and consistent basis, and
‘‘(2) the taxpayer makes proper adjustments to
such inventories and to its estimating methods to
244
the extent such estimates are greater than or less
than the actual shrinkage.’’
(b) EFFECTIVE DATE.—
(1) IN
GENERAL.—The amendment made by
this section shall apply to taxable years ending after
the date of the enactment of this Act.
(2) COORDINATION WITH SECTION 481.—In the
case of any taxpayer permitted by this section to
change its method of accounting to a permissible
method for any taxable year—
(A) such changes shall be treated as initi-
ated by the taxpayer,
(B) such changes shall be treated as made
with the consent of the Secretary, and
(C) the period for taking into account the
adjustments under section 481 by reason of
such change shall be 4 years.
SEC. 952. ASSIGNMENT OF WORKMEN’S COMPENSATION LI-
ABILITY ELIGIBLE FOR EXCLUSION RELAT-
ING TO PERSONAL INJURY LIABILITY AS-
SIGNMENTS.
(a) IN GENERAL.—Subsection (c) of section 130 (re-
lating to certain personal injury liability assignments) is
amended—
245
(1) by inserting ‘‘, or as compensation under
any workmen’s compensation act,’’ after ‘‘(whether
by suit or agreement)’’ in the material preceding
paragraph (1),
(2) by inserting ‘‘or the workmen’s compensa-
tion claim,’’ after ‘‘agreement,’’ in paragraph (1),
and
(3) by striking ‘‘section 104(a)(2)’’ in para-
graph (2)(D) and inserting ‘‘paragraph (1) or (2) of
section 104(a)’’.
(b) EFFECTIVE DATE.—The amendments made by
subsection (a) shall apply to claims under workmen’s com-
pensation acts filed after the date of the enactment of this
Act.
SEC. 953. TAX-EXEMPT STATUS FOR CERTAIN STATE WORK-
ER’S COMPENSATION ACT COMPANIES.
(a) IN GENERAL.—Section 501(c)(27) (relating to
membership organizations under workmen’s compensation
acts) is amended by adding at the end the following:
‘‘(B) Any organization (including a mutual in-
surance company) if—
‘‘(i) such organization is created by State
law and is organized and operated under State
law exclusively to—
246
‘‘(I) provide workmen’s compensation
insurance which is required by State law or
with respect to which State law provides
significant disincentives if such insurance
is not purchased by an employer, and
‘‘(II) provide related coverage which is
incidental to workmen’s compensation in-
surance,
‘‘(ii) such organization must provide work-
men’s compensation insurance to any employer
in the State (for employees in the State or tem-
porarily assigned out-of-State) which seeks such
insurance and meets other reasonable require-
ments relating thereto,
‘‘(iii)(I) the State makes a financial com-
mitment with respect to such organization ei-
ther by extending the full faith and credit of
the State to debt of such organization or by
providing the initial operating capital of such
organization and (II) in the case of periods
after the date of enactment of this subpara-
graph, the assets of such organization revert to
the State upon dissolution, and
‘‘(iv) the majority of the board of directors
or oversight body of such organization are ap-
247
pointed by the chief executive officer or other
executive branch official of the State, by the
State legislature, or by both.’’
(b) 
CONFORMING
AMENDMENTS.—Section
501(c)(27) of such Code is amended by inserting ‘‘(A)’’
after ‘‘(27)’’, by redesignating subparagraphs (A), (B),
and (C) as clauses (i), (ii), and (iii), respectively, and by
redesignating clauses (i) and (ii) of subparagraphs (B)
and (C) (before redesignation) as subclauses (I) and (II),
respectively.
(c) EFFECTIVE DATE.—The amendments made by
this section shall apply to taxable years beginning after
December 31, 1997.
SEC. 954. ELECTION TO CONTINUE EXCEPTION FROM
TREATMENT OF PUBLICLY TRADED PART-
NERSHIPS AS CORPORATIONS.
(a) IN GENERAL.—Section 7704 is amended by add-
ing at the end thereof the following new subsection:
‘‘(g) EXCEPTION FOR EXISTING PUBLICLY TRADED
PARTNERSHIPS.—
‘‘(1) IN
GENERAL.—Subsection (a) shall not
apply to an existing publicly traded partnership
which elects the application of this subsection and
consents to the application of the tax imposed by
paragraph (3).
248
‘‘(2) EXISTING
PUBLICLY
TRADED
PARTNER-
SHIP.—For purposes of this section, the term ‘exist-
ing publicly traded partnership’ means any publicly
traded partnership to which subsection (a) does not
apply as of the date of the enactment of this para-
graph (other than by reason of subsection (c)(1)).
‘‘(3) ADDITIONAL TAX ON ELECTING PUBLICLY
TRADED PARTNERSHIPS.—
‘‘(A) IMPOSITION OF TAX.—There is here-
by imposed for each taxable year on the income
of every electing publicly traded partnership a
tax equal to 15 percent of the gross income for
such taxable year from the active conduct of
trades and businesses by the partnership.
‘‘(B) ELECTING PUBLICLY TRADED PART-
NERSHIP.—For purposes of this paragraph, the
term ‘electing publicly traded partnership’
means any partnership for which the consent
under paragraph (1) is in effect.
‘‘(C) ADJUSTMENTS
IN
THE
CASE
OF
TIERED PARTNERSHIPS.—For purposes of this
paragraph, if the income of the partnership in-
cludes its distributive share of income from an-
other partnership for any taxable year, the
gross income referred to in subparagraph (A)
249
shall include the gross income of such other
partnership from the active conduct of trades
and businesses of such other partnership (in
lieu of such distributive share). A similar rule
shall apply in the case of lower-tiered partner-
ships.
‘‘(D) TREATMENT OF TAX.—For purposes
of this title, the tax imposed by this paragraph
shall be treated as imposed by chapter 1 other
than for purposes of determining the amount of
any credit allowable under chapter 1.
‘‘(4) ELECTION.—An election and consent
under this subsection shall apply to the taxable year
for which made and all subsequent taxable years un-
less revoked by the partnership. Such revocation
may be made without the consent of the Secretary,
but, once so revoked, may not be reinstated.’’.
(b) EFFECTIVE DATE.—The amendment made by
this section shall apply to taxable years beginning after
December 31, 1997.
250
SEC. 955. EXCLUSION FROM UNRELATED BUSINESS TAX-
ABLE INCOME FOR CERTAIN SPONSORSHIP
PAYMENTS.
(a) IN GENERAL.—Section 513 (relating to unrelated
trade or business income) is amended by adding at the
end the following new subsection:
‘‘(i) TREATMENT OF CERTAIN SPONSORSHIP PAY-
MENTS.—
‘‘(1) IN GENERAL.—The term ‘unrelated trade
or business’ does not include the activity of soliciting
and receiving qualified sponsorship payments.
‘‘(2) QUALIFIED
SPONSORSHIP
PAYMENTS.—
For purposes of this subsection—
‘‘(A) IN
GENERAL.—The term ‘qualified
sponsorship payment’ means any payment made
by any person engaged in a trade or business
with respect to which there is no arrangement
or expectation that such person will receive any
substantial return benefit other than the use or
acknowledgement of the name or logo (or prod-
uct lines) of such person’s trade or business in
connection with the activities of the organiza-
tion that receives such payment. Such a use or
acknowledgement does not include advertising
such person’s products or services (including
messages containing qualitative or comparative
251
language, price information or other indications
of savings or value, an endorsement, or an in-
ducement to purchase, sell, or use such prod-
ucts or services).
‘‘(B) LIMITATIONS.—
‘‘(i) CONTINGENT
PAYMENTS.—The
term ‘qualified sponsorship payment’ does
not include any payment if the amount of
such payment is contingent upon the level
of attendance at one or more events,
broadcast ratings, or other factors indicat-
ing the degree of public exposure to one or
more events.
‘‘(ii) ACKNOWLEDGEMENTS
OR
AD-
VERTISING
IN
PERIODICALS.—The term
‘qualified sponsorship payment’ does not
include any payment which entitles the
payor to an acknowledgement or advertis-
ing in regularly scheduled and printed ma-
terial published by or on behalf of the
payee organization that is not related to
and primarily distributed in connection
with a specific event conducted by the
payee organization.
252
‘‘(3) ALLOCATION
OF
PORTIONS
OF
SINGLE
PAYMENT.—For purposes of this subsection, to the
extent that a portion of a payment would (if made
as a separate payment) be a qualified sponsorship
payment, such portion of such payment and the
other portion of such payment shall be treated as
separate payments.’’.
(b) EFFECTIVE DATE.—The amendment made by
this section shall apply to payments solicited or received
after December 31, 1997.
SEC. 956. ASSOCIATIONS OF HOLDERS OF TIMESHARE IN-
TERESTS TO BE TAXED LIKE OTHER HOME-
OWNERS ASSOCIATIONS.
(a) TIMESHARE ASSOCIATIONS INCLUDED AS HOME-
OWNER ASSOCIATIONS.—
(1) IN
GENERAL.—Paragraph (1) of section
528(c) (defining homeowners association) is amend-
ed—
(A) by striking ‘‘or a residential real estate
management association’’ and inserting ‘‘, a
residential real estate management association,
or a timeshare association’’ in the material pre-
ceding subparagraph (A),
(B) by striking ‘‘or’’ at the end of clause
(i) of subparagraph (B), by striking the period
253
at the end of clause (ii) of subparagraph (B)
and inserting ‘‘, or’’, and by adding at the end
of subparagraph (B) the following new clause:
‘‘(iii) owners of timeshare rights to
use, or timeshare ownership interests in,
association property in the case of a
timeshare association,’’, and
(C) by inserting ‘‘and, in the case of a
timeshare association, for activities provided to
or on behalf of members of the association’’ be-
fore the comma at the end of subparagraph (C).
(2) TIMESHARE ASSOCIATION DEFINED.—Sub-
section (c) of section 528 is amended by redesignat-
ing paragraph (4) as paragraph (5) and by inserting
after paragraph (3) the following new paragraph:
‘‘(4) 
TIMESHARE
ASSOCIATION.—The 
term
‘timeshare association’ means any organization
(other than a condominium management associa-
tion) meeting the requirement of subparagraph (A)
of paragraph (1) if any member thereof holds a
timeshare right to use, or a timeshare ownership in-
terest in, real property constituting association prop-
erty.’’
(b) EXEMPT FUNCTION INCOME.—Paragraph (3) of
section 528(d) is amended by striking ‘‘or’’ at the end of
254
subparagraph (A), by striking the period at the end of
subparagraph (B) and inserting ‘‘, or’’, and by adding at
the end the following new subparagraph:
‘‘(C) owners of timeshare rights to use, or
timeshare ownership interests in, real property
in the case of a timeshare association.’’
(c) RATE OF TAX.—Subsection (b) of section 528 (re-
lating to certain homeowners associations) is amended by
inserting before the period ‘‘(32 percent of such income
in the case of a timeshare association)’’.
(d) EFFECTIVE DATE.—The amendments made by
this section shall apply to taxable years beginning after
December 31, 1996.
SEC. 957. ADDITIONAL ADVANCE REFUNDING OF CERTAIN
VIRGIN ISLAND BONDS.
Subclause (I) of section 149(d)(3)(A)(i) of the Inter-
nal Revenue Code of 1986 shall not apply to the second
advance refunding of any issue of the Virgin Islands which
was first advance refunded before June 9, 1997, if the
debt provisions of the refunding bonds are changed to re-
peal the priority first lien requirement of the refunded
bonds.
255
SEC. 958. NONRECOGNITION OF GAIN ON SALE OF STOCK
TO CERTAIN FARMERS’ COOPERATIVES.
(a) IN GENERAL.—Section 1042 (relating to sales of
stock to employee stock ownership plans or certain co-
operatives) is amended by adding at the end the following
new subsection:
‘‘(g) APPLICATION OF SECTION TO SALES OF STOCK
IN AGRICULTURAL REFINERS AND PROCESSORS TO ELI-
GIBLE FARM COOPERATIVES.—
‘‘(1) IN GENERAL.—This section shall apply to
the sale of stock of a qualified refiner or processor
to an eligible farmers’ cooperative.
‘‘(2) QUALIFIED REFINER OR PROCESSOR.—For
purposes of this subsection, the term ‘qualified re-
finer or processor’ means a domestic corporation—
‘‘(A) substantially all of the activities of
which consist of the active conduct of the trade
or business of refining or processing agricul-
tural or horticultural products, and
‘‘(B) which purchases more than one-half
of such products to be refined or processed
from—
‘‘(i) farmers who make up the eligible
farmers’ cooperative which is purchasing
stock in the corporation in a transaction to
which this subsection is to apply, and
256
‘‘(ii) such cooperative.
‘‘(3) ELIGIBLE FARMERS’ COOPERATIVE.—For
purposes of this section, the term ‘eligible farmers’
cooperative’ means an organization to which part I
of subchapter T applies which is engaged in the
marketing of agricultural or horticultural products.
‘‘(4) SPECIAL RULES.—In applying this section
to a sale to which paragraph (1) applies—
‘‘(A) the eligible farmers’ cooperative shall
be treated in the same manner as a cooperative
described in subsection (b)(1)(B),
‘‘(B) subsection (b)(2) shall be applied by
substituting ‘100 percent’ for ‘30 percent’ each
place it appears,
‘‘(C) the determination as to whether any
stock in the domestic corporation is a qualified
security shall be made without regard to wheth-
er the stock is an employer security or to sub-
section (c)(1)(A), and
‘‘(D) paragraphs (2)(D) and (7) of sub-
section (c) shall not apply.’’
(b) EFFECTIVE DATE.—The amendment made by
this section shall apply to sales after December 31, 1997.
257
SEC. 959. EXCEPTION FROM REPORTING OF REAL ESTATE
TRANSACTIONS FOR SALES AND EXCHANGES
OF CERTAIN PRINCIPAL RESIDENCES.
(a) IN GENERAL.—Subsection (e) of section 6045
(relating to return required in the case of real estate
transactions) is amended by adding at the end the follow-
ing new paragraph:
‘‘(5) EXCEPTION FOR SALES OR EXCHANGES OF
CERTAIN PRINCIPAL RESIDENCES.—
‘‘(A) IN
GENERAL.—Paragraph (1) shall
not apply to any sale or exchange of a residence
for $250,000 or less if the person referred to in
paragraph (2)(A) receives written assurance in
a form acceptable to the Secretary from the
seller that—
‘‘(i) such residence is the principal
residence (within the meaning of section
121) of the seller,
‘‘(ii) there is no federally subsidized
mortgage financing assistance with respect
to the mortgage on such residence, and
‘‘(iii) the seller meets the require-
ments of section 121(a) with respect to
such sale or exchange.
If such assurance includes an assurance that
the seller is married, the preceding sentence
258
shall be applied by substituting ‘$500,000’ for
‘$250,000’.
‘‘(B) SELLER.—For purposes of this para-
graph, the term ‘seller’ includes the person re-
linquishing the residence in an exchange.’’
(b) EFFECTIVE DATE.—The amendment made by
subsection (a) shall apply to sales and exchanges after the
date of the enactment of this Act.
SEC. 960. INCREASED DEDUCTIBILITY OF BUSINESS MEAL
EXPENSES FOR INDIVIDUALS SUBJECT TO
FEDERAL HOURS OF SERVICE.
(a) IN GENERAL.—Section 274(n) (relating to only
50 percent of meal and entertainment expenses allowed
as deduction) is amended by adding at the end the follow-
ing new paragraph:
‘‘(3) SPECIAL RULE FOR INDIVIDUALS SUBJECT
TO FEDERAL HOURS OF SERVICE.—
‘‘(A) IN GENERAL.—In the case of any ex-
penses for food or beverages consumed while
away from home (within the meaning of section
162(a)(2)) by an individual during, or incident
to, the period of duty subject to the hours of
service limitations of the Department of Trans-
portation, paragraph (1) shall be applied by
259
substituting ‘the applicable percentage’ for ‘50
percent’.
‘‘(B) 
APPLICABLE
PERCENTAGE.—For
purposes of this paragraph, the term ‘applicable
percentage’ means the percentage determined
under the following table:
‘‘For taxable years beginning
The applicable
in calendar year—
percentage is—
1998 or 1999 ...........................................................................
2000 or 2001 ...........................................................................
2002 or 2003 ...........................................................................
2004 or 2005 ...........................................................................
2006 or 2007 ...........................................................................
2008 or thereafter ....................................................................
80.’’
(b) EFFECTIVE DATE.—The amendment made by
subsection (a) shall apply to taxable years beginning after
December 31, 1997.
SEC. 961. QUALIFIED LESSEE CONSTRUCTION ALLOW-
ANCES FOR SHORT-TERM LEASES.
(a) IN GENERAL.—Part III of subchapter B of chap-
ter 1 is amended by inserting after section 109 the follow-
ing new section:
‘‘SEC. 110. QUALIFIED LESSEE CONSTRUCTION ALLOW-
ANCES FOR SHORT-TERM LEASES.
‘‘(a) IN GENERAL.—Gross income of a lessee does
not include any amount received in cash (or treated as
a rent reduction) by a lessee from a lessor—
‘‘(1) under a short-term lease of retail space,
and
260
‘‘(2) for the purpose of such lessee’s construct-
ing or improving qualified long-term real property
for use in such lessee’s trade or business at such re-
tail space,
but only to the extent that such amount does not exceed
the amount expended by the lessee for such construction
or improvement.
‘‘(b) CONSISTENT TREATMENT BY LESSOR.—Quali-
fied long-term real property constructed or improved in
connection with any amount excluded from a lessee’s in-
come by reason of subsection (a) shall be treated as non-
residential real property by the lessor.
‘‘(c) DEFINITIONS.—For purposes of this section—
‘‘(1) QUALIFIED
LONG-TERM
REAL
PROP-
ERTY.—The term ‘qualified long-term real property’
means nonresidential real property which is part of,
or otherwise present at, the retail space referred to
in subsection (a) and which reverts to the lessor at
the termination of the lease.
‘‘(2) SHORT-TERM
LEASE.—The term ‘short-
term lease’ means a lease (or other agreement for
occupancy or use) of retail space for 15 years or less
(as determined under the rules of section 168(i)(3)).
‘‘(3) RETAIL SPACE.—The term ‘retail space’
means real property leased, occupied, or otherwise
261
used by a lessee in its trade or business of selling
tangible personal property or services to the general
public.
‘‘(d) INFORMATION REQUIRED TO BE FURNISHED
TO SECRETARY.—Under regulations, the lessee and lessor
described in subsection (a) shall, at such times and in such
manner as may be provided in such regulations, furnish
to the Secretary—
‘‘(1) information concerning the amounts re-
ceived (or treated as a rent reduction) and expended
as described in subsection (a), and
‘‘(2) any other information which the Secretary
deems necessary to carry out the provisions of this
section.’’
(b) TREATMENT AS INFORMATION RETURN.—Sub-
paragraph (A) of section 6724(d)(1)(A) is amended by
striking ‘‘or’’ at the end of clause (vii), by adding ‘‘or’’
at the end of clause (viii), and by adding at the end the
following new clause:
‘‘(ix) section 110(d) (relating to quali-
fied lessee construction allowances for
short-term leases),’’.
(c) CROSS REFERENCE.—Paragraph (8) of section
168(i) (relating to treatment of leasehold improvements)
262
is amended by adding at the end the following new sub-
paragraph:
‘‘(C) CROSS REFERENCE.—
‘‘For treatment of qualified long-term real prop-
erty constructed or improved in connection with
cash or rent reduction from lessor to lessee, see sec-
tion 110(b).’’
(d) CLERICAL AMENDMENT.—The table of sections
for part III of subchapter B of chapter 1 is amended by
inserting after the item relating to section 109 the follow-
ing new item:
‘‘Sec. 110. Qualified lessee construction allowances for short-term
leases.’’
(e) EFFECTIVE DATE.—The amendments made by
this section shall apply to leases entered into after the date
of the enactment of this Act.
SEC. 962. TAX TREATMENT OF CONSOLIDATIONS OF LIFE
INSURANCE DEPARTMENTS OF MUTUAL SAV-
INGS BANKS.
(a) GENERAL RULE.—Section 594 (relating to alter-
native tax for mutual savings banks conducting life insur-
ance business) is amended by adding at the end thereof
the following new subsection:
‘‘(c) TREATMENT
OF CONSOLIDATIONS.—If 2 or
more life insurance departments to which subsection (a)
applied are consolidated into a single life insurance com-
pany pursuant to a requirement of State law—
263
‘‘(1) such consolidation shall be treated as a re-
organization described in section 368(a)(1)(E), and
‘‘(2) any payments required to be made to pol-
icyholders in connection with such consolidation
shall be treated as policyholder dividends deductible
under section 808 but only if—
‘‘(A) such payments are only with respect
to policies in effect immediately before such
consolidation,
‘‘(B) such payments are only with respect
to policies which are participating before and
after such consolidation,
‘‘(C) such payments shall cease with re-
spect to any policy if such policy lapses after
such consolidation,
‘‘(D) the policyholders before such consoli-
dation had no divisible right to the surplus of
any such department and had no right to vote,
and
‘‘(E) the approval of such policyholders
was not required for such consolidation.’’
(b) EFFECTIVE DATE.—The amendment made by
subsection (a) shall take effect on December 31, 1991.
264
SEC. 963. OFFSET OF PAST-DUE, LEGALLY ENFORCEABLE
STATE TAX OBLIGATIONS AGAINST OVERPAY-
MENTS.
(a) IN GENERAL.—Section 6402 is amended by re-
designating subsections (e) through (i) as subsections (f)
through (j), respectively, and by inserting after subsection
(d) the following new subsection:
‘‘(e) COLLECTION
OF PAST-DUE, LEGALLY EN-
FORCEABLE STATE TAX OBLIGATIONS.—
‘‘(1) IN GENERAL.—Upon receiving notice from
any State that a named person owes a past-due, le-
gally enforceable State tax obligation to such State,
the Secretary shall, under such conditions as may be
prescribed by the Secretary—
‘‘(A) reduce the amount of any overpay-
ment payable to such person by the amount of
such State tax obligation;
‘‘(B) pay the amount by which such over-
payment is reduced under subparagraph (A) to
such State and notify such State of such per-
son’s name, taxpayer identification number, ad-
dress, and the amount collected; and
‘‘(C) notify the person making such over-
payment that the overpayment has been re-
duced by an amount necessary to satisfy a past-
due, legally enforceable State tax obligation.
265
If an offset is made pursuant to a joint return, the
notice under subparagraph (B) shall include the
names, taxpayer identification numbers, and ad-
dresses of each person filing such return.
‘‘(2) OFFSET PERMITTED ONLY AGAINST RESI-
DENTS OF STATE SEEKING OFFSET.—Paragraph (1)
shall apply to an overpayment by any person for a
taxable year only if the address shown on the return
for such taxable year is an address within the State
seeking the offset.
‘‘(3) PRIORITIES FOR OFFSET.—Any overpay-
ment by a person shall be reduced pursuant to this
subsection—
‘‘(A) after such overpayment is reduced
pursuant to—
‘‘(i) subsection (a) with respect to any
liability for any internal revenue tax on the
part of the person who made the overpay-
ment,
‘‘(ii) subsection (c) with respect to
past-due support, and
‘‘(iii) subsection (d) with respect to
any past-due, legally enforceable debt owed
to a Federal agency, and
266
‘‘(B) before such overpayment is credited
to the future liability for any Federal internal
revenue tax of such person pursuant to sub-
section (b).
If the Secretary receives notice from 1 or more
agencies of the State of more than 1 debt subject to
paragraph (1) that is owed by such person to such
an agency, any overpayment by such person shall be
applied against such debts in the order in which
such debts accrued.
‘‘(4) NOTICE; CONSIDERATION OF EVIDENCE.—
No State may take action under this subsection until
such State—
‘‘(A) notifies the person owing the past-due
State tax liability that the State proposes to
take action pursuant to this section,
‘‘(B) gives such person at least 60 days to
present evidence that all or part of such liability
is not past-due or not legally enforceable,
‘‘(C) considers any evidence presented by
such person and determines that an amount of
such debt is past-due and legally enforceable,
and
‘‘(D) satisfies such other conditions as the
Secretary may prescribe to ensure that the de-
267
termination made under subparagraph (C) is
valid and that the State has made reasonable
efforts to obtain payment of such State tax ob-
ligation.
‘‘(5) PAST-DUE, LEGALLY ENFORCEABLE STATE
TAX OBLIGATION.—For purposes of this subsection,
the term ‘past-due, legally enforceable State tax obli-
gation’ means a debt—
‘‘(A)(i) which resulted from—
‘‘(I) a judgment rendered by a court
of competent jurisdiction which has deter-
mined an amount of State tax to be due,
or
‘‘(II) a determination after an admin-
istrative hearing which has determined an
amount of State tax to be due, and
‘‘(ii) which is no longer subject to judicial
review, or
‘‘(B) which resulted from a State tax
which has been assessed but not collected, the
time for redetermination of which has expired,
and which has not been delinquent for more
than 10 years.
268
For purposes of this paragraph, the term ‘State tax’
includes any local tax administered by the chief tax
administration agency of the State.
‘‘(6) REGULATIONS.—The Secretary shall issue
regulations prescribing the time and manner in
which States must submit notices of past-due, legally
enforceable State tax obligations and the necessary
information that must be contained in or accompany
such notices. The regulations shall specify the types
of State taxes and the minimum amount of debt to
which the reduction procedure established by para-
graph (1) may be applied. The regulations may re-
quire States to pay a fee to reimburse the Secretary
for the cost of applying such procedure. Any fee paid
to the Secretary pursuant to the preceding sentence
shall be used to reimburse appropriations which bore
all or part of the cost of applying such procedure.
‘‘(7) ERRONEOUS
PAYMENT
TO
STATE.—Any
State receiving notice from the Secretary that an er-
roneous payment has been made to such State under
paragraph (1) shall pay promptly to the Secretary,
in accordance with such regulations as the Secretary
may prescribe, an amount equal to the amount of
such erroneous payment (without regard to whether
269
any other amounts payable to such State under such
paragraph have been paid to such State).’’
(b) DISCLOSURE
OF CERTAIN INFORMATION
TO
STATES REQUESTING REFUND OFFSETS FOR PAST-DUE,
LEGALLY ENFORCEABLE STATE TAX OBLIGATIONS.—
(1) Paragraph (10) of section 6103(l) is amend-
ed by striking ‘‘(c) or (d)’’ each place it appears and
inserting ‘‘(c), (d), or (e)’’.
(2) The paragraph heading for such paragraph
(10) is amended by striking ‘‘SECTION 6402(c) OR
6402(d)’’ and inserting ‘‘SUBSECTION (c), (d), OR (e)
OF SECTION 6402’’.
(c) CONFORMING AMENDMENTS.—
(1) Subsection (a) of section 6402 is amended
by striking ‘‘(c) and (d)’’ and inserting ‘‘(c), (d),
and (e)’’.
(2) Paragraph (2) of section 6402(d) is amend-
ed by striking ‘‘and before such overpayment’’ and
inserting ‘‘and before such overpayment is reduced
pursuant to subsection (e) and before such overpay-
ment’’.
(3) Subsection (f) of section 6402, as redesig-
nated by subsection (a), is amended—
(A) by striking ‘‘(c) or (d)’’ and inserting
‘‘(c), (d), or (e)’’, and
270
(B) by striking ‘‘Federal agency’’ and in-
serting ‘‘Federal agency or State’’.
(4) Subsection (h) of section 6402, as redesig-
nated by subsection (a), is amended by striking
‘‘subsection (c)’’ and inserting ‘‘subsection (c) or
(e)’’.
(d) AMENDMENTS APPLIED AFTER TECHNICAL COR-
RECTIONS TO PERSONAL RESPONSIBILITY AND WORK OP-
PORTUNITY RECONCILIATION ACT OF 1996.—
(1) Section 110(l) of the Personal Responsibil-
ity and Work Opportunity Reconciliation Act of
1996 is amended by striking paragraphs (4), (5),
and (7) (and the amendments made by such para-
graphs), and the Internal Revenue Code of 1986
shall be applied as if such paragraphs (and amend-
ments) had never been enacted.
(2) For purposes of applying the amendments
made by this section other than this subsection, the
provisions of this subsection shall be treated as hav-
ing been enacted immediately before the other provi-
sions of this section.
(e) EFFECTIVE DATE.—The amendments made by
this section (other than subsection (d)) shall apply to re-
funds payable under section 6402 of the Internal Revenue
Code of 1986 after December 31, 1998.
271
SEC. 964. EXEMPTION OF THE INCREMENTAL COST OF A
CLEAN FUEL VEHICLE FROM THE LIMITS ON
DEPRECIATION FOR VEHICLES.
(a) IN GENERAL.—Section 280F(a)(1) (relating to
limiting depreciation on luxury automobiles) is amended
by adding at the end the following new subparagraph:
‘‘(C) SPECIAL RULE FOR CERTAIN CLEAN-
FUEL PASSENGER AUTOMOBILES.—
‘‘(i) 
MODIFIED
AUTOMOBILES.—In
the case of a passenger automobile which
is propelled by a fuel which is not a clean-
burning fuel to which is installed qualified
clean-fuel vehicle property (as defined in
section 179A(c)(1)(A)) for purposes of per-
mitting such vehicle to be propelled by a
clean burning fuel (as defined in section
179A(e)(1)), subparagraph (A) shall not
apply to the cost of the installed qualified
clean burning vehicle property as depre-
ciated pursuant to section 168 by applying
the rules under subsections (b)(1), (d)(1),
and (e)(3)(B) thereof.
‘‘(ii) PURPOSE BUILT PASSENGER VE-
HICLES.—In the case of a purpose built
passenger vehicle (as defined in section
4001(a)(2)(C)(ii)), each of the annual limi-
272
tations specified in subparagraph (A) shall
be tripled.’’
(b) EFFECTIVE DATE.—The amendments made by
this section shall apply to property placed in service on
or after the date of enactment of this Act and before Janu-
ary 1, 2005.
SEC. 965. TAX BENEFITS FOR LAW ENFORCEMENT OFFI-
CERS KILLED IN THE LINE OF DUTY.
(a) IN GENERAL.—Part III of subchapter B of chap-
ter 1 (relating to items specifically excluded from gross
income) is amended by redesignating section 138 as sec-
tion 139 and by inserting after section 137 the following
new section:
‘‘SEC. 138. SURVIVOR BENEFITS ATTRIBUTABLE TO SERV-
ICE BY A LAW ENFORCEMENT OFFICER WHO
IS KILLED IN THE LINE OF DUTY.
‘‘(a) IN GENERAL.—Gross income shall not include
any amount paid as a survivor annuity on account of the
death of a law enforcement officer killed in the line of
duty—
‘‘(1) if such annuity is provided under a govern-
mental plan which meets the requirements of section
401(a) to the spouse (or a former spouse) of the law
enforcement officer or to a child of such officer, and
273
‘‘(2) to the extent such annuity is attributable
to such officer’s service as a law enforcement officer.
‘‘(b) EXCEPTIONS.—
‘‘(1) IN
GENERAL.—Subsection (a) shall not
apply with respect to the death of any law enforce-
ment officer if—
‘‘(A) the death was caused by the inten-
tional misconduct of the officer or by such offi-
cer’s intention to bring about such officer’s
death,
‘‘(B) the officer was voluntarily intoxicated
(as defined in section 1204 of the Omnibus
Crime Control and Safe Streets Act of 1968) at
the time of death, or
‘‘(C) the officer was performing such offi-
cer’s duties in a grossly negligent manner at
the time of death.
‘‘(2) EXCEPTION FOR BENEFITS PAID TO CER-
TAIN INDIVIDUALS.—Subsection (a) shall not apply
to any payment to an individual whose actions were
a substantial contributing factor to the death of the
officer.
‘‘(c) LAW ENFORCEMENT OFFICER.—For purposes
of this section, the term ‘law enforcement officer’ means
an individual serving a public agency (as defined in section
274
1204 of the Omnibus Crime Control and Safe Streets Act
of 1968) in an official capacity, with or without compensa-
tion, as a law enforcement officer (as defined in such sec-
tion).’’
(b) CLERICAL AMENDMENT.—The table of sections
for part III of subchapter B of chapter 1 is amended by
striking the last item and inserting the following new
items:
‘‘Sec. 138. Survivor benefits attributable to service by a law en-
forcement officer who is killed in the line of duty.
‘‘Sec. 139. Cross references to other Acts.’’
(c) EFFECTIVE DATE.—The amendments made by
this subsection shall apply to amounts received in taxable
years beginning after December 31, 1996, with respect to
individuals dying after such date.
SEC. 966. TEMPORARY SUSPENSION OF TAXABLE INCOME
LIMIT ON PERCENTAGE DEPLETION FOR
MARGINAL PRODUCTION.
In the case of taxable years beginning after December
31, 1997, and before January 1, 2000, paragraph (1) of
section 613A(d) of the Internal Revenue Code of 1986
shall not apply to so much of the allowance for depletion
computed under section 613A(c) of such Code as is attrib-
utable to paragraph (6) thereof.
275
Subtitle G—Extension of Duty-Free
Treatment Under Generalized
System of Preferences; Tariff
Treatment of Certain Equip-
ment and Repair of Vessels
SEC. 971. GENERALIZED SYSTEM OF PREFERENCES.
(a) EXTENSION OF DUTY-FREE TREATMENT UNDER
SYSTEM.—Section 505 of the Trade Act of 1974 (19
U.S.C. 2465) is amended by striking ‘‘May 31, 1997’’ and
inserting ‘‘May 31, 1999’’.
(b) RETROACTIVE APPLICATION FOR CERTAIN LIQ-
UIDATIONS AND RELIQUIDATIONS.—
(1) IN GENERAL.—Notwithstanding section 514
of the Tariff Act of 1930 or any other provision of
law and subject to paragraph (2), the entry—
(A) of any article to which duty-free treat-
ment under title V of the Trade Act of 1974
would have applied if the entry had been made
on May 31, 1997, and
(B) that was made after May 31, 1997,
and before the date of the enactment of this
Act,
shall be liquidated or reliquidated as free of duty,
and the Secretary of the Treasury shall refund any
duty paid with respect to such entry. As used in this
276
subsection, the term ‘‘entry’’ includes a withdrawal
from warehouse for consumption.
(2) REQUESTS.—Liquidation or reliquidation
may be made under paragraph (1) with respect to
an entry only if a request therefor is filed with the
Customs Service, within 180 days after the date of
the enactment of this Act, that contains sufficient
information to enable the Customs Service—
(A) to locate the entry; or
(B) to reconstruct the entry if it cannot be
located.
SEC. 972. EQUIPMENT AND REPAIR OF VESSELS.
(a) TARIFF TREATMENT.—Section 466 of the Tariff
Act of 1930 (19 U.S.C. 1466), is amended by adding at
the end the following new subsection:
‘‘(i)(1) The duty imposed by subsection (a) shall not
apply with respect to activities occurring in a Shipbuilding
Agreement Party, with respect to—
‘‘(A) self-propelled seagoing vessels of 100 gross
tons or more that are used for transportation of
goods or persons or for performance of a specialized
service (including, but not limited to, ice breakers
and dredges), and
‘‘(B) tugs of 365 kilowatts or more.
277
A vessel shall be considered ‘self-propelled seagoing’ if its
permanent propulsion and steering provide it all the char-
acteristics of self-navigability in the high seas.
‘‘(2) As used in this subsection—
‘‘(A) the term ‘Shipbuilding Agreement Party’
means a state or separate customs territory that is
a signatory to the Shipbuilding Agreement; and
‘‘(B) the term ‘Shipbuilding Agreement’ means
The Agreement Respecting Normal Competitive
Conditions in the Commercial Shipbuilding and Re-
pair Industry, resulting from negotiations under the
auspices of the Organization for Economic Coopera-
tion and Development, and entered into on Decem-
ber 21, 1994.’’.
(b) APPLICABILITY.—The amendment made by sub-
section (a) applies only with respect to activities occurring
in a Shipbuilding Agreement Party (as defined in section
466(i) of the Tariff Act of 1930) during the 1-year period
beginning on the date of the enactment of this Act.
Subtitle 
H—United 
States-Carib-
bean Basin Trade Partnership
Act
SEC. 981. SHORT TITLE.
This subtitle may be cited as the ‘‘United States-Car-
ibbean Basin Trade Partnership Act’’.
278
SEC. 982. FINDINGS AND POLICY.
(a) FINDINGS.—The Congress makes the following
findings:
(1) The United States apparel industry is a
major component of the United States manufactur-
ing sector of the United States, employing nearly
825,000 people who are located in every State in the
country. The United States apparel industry con-
sumes 42 percent of the fabric produced by United
States textile mills, which employ more than
650,000 people.
(2) In 1973 the United States apparel industry
supplied 88 percent of the garments consumed by
Americans, and in 1995 that share fell to less than
50 percent.
(3) Countries in the Western Hemisphere offer
the greatest opportunities for increased exports of
United States textile and apparel products.
(4) Given the greater propensity of countries lo-
cated in the Western Hemisphere to use United
States components and to purchase United States
products compared to other countries, increased
trade and economic activity between the United
States and countries in the Western Hemisphere will
create new jobs in the United States as a result of
expanding export opportunities.
279
(5) The Caribbean Basin Economic Recovery
Act represents a permanent commitment by the
United States to encourage the development of
strong democratic governments and revitalized
economies in neighboring countries in the Caribbean
Basin.
(6) The economic security of the countries in
the Caribbean Basin is potentially threatened by the
diversion of investment to Mexico as a result of the
North American Free Trade Agreement.
(7) Offering NAFTA equivalent benefits to
Caribbean Basin beneficiary countries, pending their
eventual accession to the NAFTA or a free trade
agreement comparable to the NAFTA, will promote
the growth of free enterprise and economic oppor-
tunity in the region, and thereby enhance the na-
tional security interests of the United States.
(b) POLICY.—It is the policy of the United States—
(1) to assure that the domestic textile and ap-
parel industry remains competitive in the global
marketplace by encouraging the formation and ex-
pansion of ‘‘partnerships’’ between the textile and
apparel industry of the United States and the textile
and apparel industry of various countries located in
the Western Hemisphere; and
280
(2) to offer to the products of Caribbean Basin
partnership countries tariffs and quota treatment
equivalent to that accorded to products of NAFTA
countries, and to seek the accession of these partner-
ship countries to the NAFTA or a free trade agree-
ment comparable to the NAFTA at the earliest pos-
sible date, with the goal of achieving full participa-
tion in the NAFTA or in a free trade agreement
comparable to the NAFTA by all partnership coun-
tries by not later than January 1, 2005.
SEC. 983. DEFINITIONS.
As used in this Act:
(1) PARTNERSHIP COUNTRY.—The term ‘‘part-
nership country’’ means a beneficiary country as de-
fined in section 212(a)(1)(A) of the Caribbean Basin
Economic Recovery Act (19 U.S.C. 2702(a)(1)(A)).
(2) NAFTA.—The term ‘‘NAFTA’’ means the
North American Free Trade Agreement entered into
between the United States, Mexico, and Canada on
December 17, 1992.
(3) 
TRADE
REPRESENTATIVE.—The 
term
‘‘Trade Representative’’ means the United States
Trade Representative.
(4) WTO AND
WTO
MEMBER.—The terms
‘‘WTO’’ and ‘‘WTO member’’ have the meanings
281
given those terms in section 2 of the Uruguay
Round Agreements Act (19 U.S.C. 3501).
SEC. 984. TEMPORARY PROVISIONS TO PROVIDE NAFTA
PARITY TO PARTNERSHIP COUNTRIES.
(a) TEMPORARY PROVISIONS.—Section 213(b) of the
Caribbean Basin Economic Recovery Act (19 U.S.C.
2703(b)) is amended to read as follows:
‘‘(b) IMPORT-SENSITIVE ARTICLES.—
‘‘(1) IN GENERAL.—Subject to paragraphs (2)
through (5), the duty-free treatment provided under
this title does not apply to—
‘‘(A) textile and apparel articles which are
subject to textile agreements;
‘‘(B) footwear not designated at the time
of the effective date of this title as eligible arti-
cles for the purpose of the generalized system
of preferences under title V of the Trade Act of
1974;
‘‘(C) tuna, prepared or preserved in any
manner, in airtight containers;
‘‘(D) petroleum, or any product derived
from petroleum, provided for in headings 2709
and 2710 of the HTS;
‘‘(E) watches and watch parts (including
cases, bracelets and straps), of whatever type
282
including, but not limited to, mechanical, quartz
digital, or quartz analog, if such watches or
watch parts contain any material which is the
product of any country with respect to which
HTS column 2 rates of duty apply; or
‘‘(F) articles to which reduced rates of
duty apply under subsection (h).
‘‘(2) NAFTA TRANSITION PERIOD TREATMENT
OF CERTAIN TEXTILE AND APPAREL ARTICLES.—
‘‘(A) EQUIVALENT
TARIFF
AND
QUOTA
TREATMENT.—During the transition period—
‘‘(i) the tariff treatment accorded at
any time to any textile or apparel article
that originates in the territory of a part-
nership country shall be identical to the
tariff treatment that is accorded at such
time under section 2 of the Annex to an
article described in the same 8-digit sub-
heading of the HTS that is an originating
good of Mexico and is imported into the
United States;
‘‘(ii) duty-free treatment under this
title shall apply to any textile or apparel
article that is imported into the United
283
States from a partnership country and
that—
‘‘(I) is assembled in a partner-
ship country, from fabrics wholly
formed and cut in the United States
from yarns formed in the United
States, and is entered—
‘‘(aa) 
under 
subheading
9802.00.80 of the HTS; or
‘‘(bb) under chapter 61 or
62 of the HTS if, after such as-
sembly, the article would have
qualified for treatment under
subheading 9802.00.80 of the
HTS, but for the fact the article
was subjected to bleaching, dye-
ing, stone-washing, enzyme-wash-
ing, acid-washing, perma-press-
ing, or similar processes or em-
broidery; or
‘‘(II) is knit-to-shape in a part-
nership country from yarns wholly
formed in the United States;
284
‘‘(III) is made from fabric knit in
a partnership country from yarns
wholly formed in the United States;
‘‘(IV) is cut and assembled in a
partnership country from yarns wholly
formed in the United States; or
‘‘(V) is identified under subpara-
graph (C) as a handloomed, hand-
made, or folklore article of such coun-
try and is certified as such by the
competent authority of such country;
and
‘‘(iii) no quantitative restriction under
any bilateral textile agreement may be ap-
plied to the importation into the United
States of any textile or apparel article
that—
‘‘(I) originates in the territory of
a partnership country, or
‘‘(II) qualifies for duty-free treat-
ment under subclause (I), (II), (III),
(IV), or (V) of clause (ii).
‘‘(B) NAFTA TRANSITION PERIOD TREAT-
MENT OF NONORIGINATING TEXTILE AND AP-
PAREL ARTICLES.—
285
‘‘(i) PREFERENTIAL
TARIFF
TREAT-
MENT.—Subject to clause (ii), the Presi-
dent may place in effect at any time dur-
ing the transition period with respect to
any textile or apparel article that—
‘‘(I) is a product of a partnership
country, but
‘‘(II) does not qualify as a good
that originates in the territory of a
partnership country,
tariff treatment that is identical to the in-
preference-level tariff treatment accorded
at such time under Appendix 6.B of the
Annex to an article described in the same
8-digit subheading of the HTS that is a
product of Mexico and is imported into the
United States. For purposes of this clause,
the ‘in-preference-level tariff treatment’ ac-
corded to an article that is a product of
Mexico is the rate of duty applied to that
article when imported in quantities less
than or equal to the quantities specified in
Schedule 6.B.1, 6.B.2., or 6.B.3. of the
Annex for imports of that article from
Mexico into the United States.
286
‘‘(ii) LIMITATIONS ON CERTAIN ARTI-
CLES.—(I) Tariff treatment under clause
(i) may be extended, during any calendar
year, to not more than 45,000,000 square
meter equivalents of cotton or man-made
fiber apparel, to not more than 1,500,000
square meter equivalents of wool apparel,
and to not more than 25,000,000 square
meter equivalents of goods entered under
subheading 9802.00.80 of the HTS.
‘‘(II) Except as provided in subclause
(III), the amounts set forth in subclause
(I) shall be allocated among the 7 partner-
ship countries with the largest volume of
exports to the United States of textile and
apparel goods in calendar year 1996, based
upon a pro rata share of the volume of tex-
tile and apparel goods of each of those 7
countries that entered the United States
under subheading 9802.00.80 of the HTS
during the first 12 months of the 14-
month period ending on the date of the en-
actment of the United States-Caribbean
Basin Trade Partnership Act.
287
‘‘(III) Five percent of the amounts set
forth in subclause (I) shall be allocated
among the partnership countries, other
than those to which subclause (II) applies,
based upon a pro rata share of the exports
to the United States of textile and apparel
goods of each of those countries during the
first 12 months of the 14-month period
ending on the date of the enactment of the
United 
States-Caribbean 
Basin 
Trade
Partnership Act.
‘‘(iii) 
PRIOR
CONSULTATION.—The
President may implement the preferential
tariff treatment described in clause (i) only
after consultation with representatives of
the United States textile and apparel in-
dustry and other interested parties regard-
ing—
‘‘(I) the specific articles to which
such treatment will be extended,
‘‘(II) the annual quantities of
such articles that may be imported at
the preferential duty rates described
in clause (i), and
288
‘‘(III) the allocation of such an-
nual quantities among beneficiary
countries.
‘‘(C) 
HANDLOOMED, 
HANDMADE, 
AND
FOLKLORE
ARTICLES.—For purposes of sub-
paragraph (A), the Trade Representative shall
consult with representatives of the partnership
country for the purpose of identifying particular
textile and apparel goods that are mutually
agreed upon as being handloomed, handmade,
or folklore goods of a kind described in section
2.3 (a), (b), or (c) or Appendix 3.1.B.11 of the
Annex.
‘‘(D) BILATERAL EMERGENCY ACTIONS.—
(i) The President may take—
‘‘(I) bilateral emergency tariff actions
of a kind described in section 4 of the
Annex with respect to any textile or ap-
parel article imported from a partnership
country if the application of tariff treat-
ment under subparagraph (A) to such arti-
cle results in conditions that would be
cause for the taking of such actions under
such section 4 with respect to an article
described in the same 8-digit subheading
289
of the HTS that is imported from Mexico;
or
‘‘(II) bilateral emergency quantitative
restriction actions of a kind described in
section 5 of the Annex with respect to im-
ports of any textile or apparel article de-
scribed in subparagraph (B)(i) (I) and (II)
if the importation of such article into the
United States results in conditions that
would be cause for the taking of such ac-
tions under such section 5 with respect to
a like article that is a product of Mexico.
‘‘(ii) The requirement in paragraph (5) of
section 4 of the Annex (relating to providing
compensation) shall not be deemed to apply to
a bilateral emergency action taken under this
subparagraph.
‘‘(iii) For purposes of applying bilateral
emergency action under this subparagraph—
‘‘(I) the term ‘transition period’ in
sections 4 and 5 of the Annex shall be
deemed to be the period defined in para-
graph (5)(D); and
‘‘(II) any requirements to consult
specified in section 4 or 5 of the Annex are
290
deemed to be satisfied if the President re-
quests consultations with the partnership
country in question and the country does
not agree to consult within the time period
specified in such section.
‘‘(3) NAFTA TRANSITION PERIOD TREATMENT
OF CERTAIN OTHER ARTICLES ORIGINATING IN BEN-
EFICIARY COUNTRIES.—
‘‘(A) EQUIVALENT TARIFF TREATMENT.—
‘‘(i) IN GENERAL.—Subject to clause
(ii), the tariff treatment accorded at any
time during the transition period to any
article referred to in any of subparagraphs
(B) through (F) of paragraph (1) that
originates in the territory of a partnership
country shall be identical to the tariff
treatment that is accorded at such time
under Annex 302.2 of the NAFTA to an
article described in the same 8-digit sub-
heading of the HTS that is an originating
good of Mexico and is imported into the
United States.
‘‘(ii) EXCEPTION.—Clause (i) does not
apply to any article accorded duty-free
291
treatment under U.S. Note 2(b) to sub-
chapter II of chapter 98 of the HTS.
‘‘(B) RELATIONSHIP TO SUBSECTION (h)
DUTY REDUCTIONS.—If at any time during the
transition period the rate of duty that would
(but for action taken under subparagraph (A)(i)
in regard to such period) apply with respect to
any article under subsection (h) is a rate of
duty that is lower than the rate of duty result-
ing from such action, then such lower rate of
duty shall be applied for the purposes of imple-
menting such action.
‘‘(4) CUSTOMS PROCEDURES.—
‘‘(A) IN GENERAL.—
‘‘(i) The obligations under chapter 5
of the NAFTA regarding customs proce-
dures, as such obligations apply to the ex-
porting country, shall apply to importa-
tions under paragraphs (2) and (3) of arti-
cles from partnership countries.
‘‘(ii) The Secretary of the Treasury
shall prescribe regulations that require, as
a condition of entry, that any importer of
record that claims preferential treatment
under paragraph (2) or (3) must comply
292
with requirements similar in all material
respects to the requirements of article
502.1 of the NAFTA. The certificate of or-
igin that otherwise would be required
under this subparagraph shall not be re-
quired in the case of an article imported
under paragraph (2) or (3) if such certifi-
cate of origin would not be required under
article 503 of the NAFTA for a similar
importation from Mexico.
‘‘(B) 
PENALTIES
FOR
ENGAGING
IN
TRANSSHIPMENT
OR
OTHER
CUSTOMS
FRAUD.—If an exporter is determined under
the laws of the United States to have engaged
in illegal transshipment of textile or apparel
products from a partnership country, then the
President shall deny all benefits under this title
to such exporter, and any successors of such ex-
porter, for a period of 2 years.
‘‘(C) STUDY BY USTR ON COOPERATION
OF
OTHER
COUNTRIES
CONCERNING
CIR-
CUMVENTION.—The Trade Representative, in
consultation with the United States Commis-
sioner of Customs, shall conduct a study ana-
293
lyzing the extent to which each partnership
country—
‘‘(i) has cooperated fully with the
United States, consistent with its domestic
laws and procedures, in instances of cir-
cumvention or alleged circumvention of ex-
isting quotas on imports of textile and ap-
parel goods, to establish necessary relevant
facts in the places of import, export, and,
where applicable, transshipment, including
investigation of circumvention practices,
exchanges of documents, correspondence,
reports, and other relevant information, to
the extent such information is available;
‘‘(ii) has taken appropriate measures,
consistent with its domestic laws and pro-
cedures, against exporters and importers
involved in instances of false declaration
concerning fiber content, quantities, de-
scription, classification, or origin of textile
and apparel goods; and
‘‘(iii) has penalized the individuals
and entities involved in any such cir-
cumvention, consistent with its domestic
laws and procedures, and has worked
294
closely to seek the cooperation of any third
country to prevent such circumvention
from taking place in that third country.
The Trade Representative shall submit to the
Congress, not later than October 1, 1998, a re-
port on the study conducted under this sub-
paragraph.
‘‘(5) DEFINITIONS.—For purposes of this sub-
section—
‘‘(A) The term ‘the Annex’ means Annex
300–B of the NAFTA.
‘‘(B) The term ‘NAFTA’ means the North
American Free Trade Agreement entered into
between the United States, Mexico, and Canada
on December 17, 1992.
‘‘(C) The term ‘partnership country’
means a beneficiary country.
‘‘(D) The term ‘textile or apparel article’
means any article referred to in paragraph
(1)(A) that is a good listed in Appendix 1.1 of
the Annex.
‘‘(E) The term ‘transition period’ means,
with respect to a partnership country, the pe-
riod that begins on January 1, 1998, and ends
on the earlier of—
295
‘‘(i) December 31, 1998; or
‘‘(ii) the date on which—
‘‘(I) the United States first ap-
plies the NAFTA to the partnership
country upon its accession to the
NAFTA, or
‘‘(II) there enters into force with
respect to the United States and the
partnership country a free trade
agreement comparable to the NAFTA
that makes substantial progress in
achieving the negotiating objectives
set forth in section 108(b)(5) of the
North American Free Trade Agree-
ment Implementation Act (19 U.S.C.
3317(b)(5)).
‘‘(F) An article shall be deemed as origi-
nating in the territory of a partnership country
if the article meets the rules of origin for a
good set forth in chapter 4 of the NAFTA, and,
in the case of an article described in Appendix
6.A of the Annex, the requirements stated in
such Appendix 6.A for such article to be treated
as if it were an originating good. In applying
such chapter 4 or Appendix 6.A with respect to
296
a partnership country for purposes of this sub-
section—
‘‘(i) no countries other than the Unit-
ed States and partnership countries may
be treated as being Parties to the NAFTA,
‘‘(ii) references to trade between the
United States and Mexico shall be deemed
to refer to trade between the United States
and partnership countries, and
‘‘(iii) references to a Party shall be
deemed to refer to the United States or a
partnership country, and references to the
Parties shall be deemed to refer to any
combination of partnership countries or
the United States.’’.
(b) DETERMINATION REGARDING RETENTION
OF
DESIGNATION.—Section 212(e)(1) of the Caribbean Basin
Economic Recovery Act (19 U.S.C. 2702(e)) is amended—
(1) by inserting ‘‘(A)’’ after ‘‘(1)’’;
(2) by redesignating subparagraphs (A) and
(B) as clauses (i) and (ii), respectively;
(3) by adding at the end the following:
‘‘(B)(i) Based on the President’s review and
analysis described in subsection (f), the President
may determine if the preferential treatment under
297
section 213(b)(2) and (3) should be withdrawn, sus-
pended, or limited with respect to any article of a
partnership country. Such determination shall be in-
cluded in the report required by subsection (f).
‘‘(ii) Withdrawal, suspension, or limitation of
the preferential treatment under section 213(b)(2)
and (3) with respect to a partnership country shall
be taken only after the requirements of subsection
(a)(2) and paragraph (2) of this subsection have
been met.’’.
(c) REPORTING REQUIREMENTS.—Section 212(f) of
the Caribbean Basin Economic Recovery Act (19 U.S.C.
2702(f)) is amended to read as follows:
‘‘(f) REPORTING REQUIREMENTS.—Not later than 1
year after the date of the enactment of the United States-
Caribbean Basin Trade Partnership Act and at the close
of each 3-year period thereafter, the President shall sub-
mit to the Congress a complete report regarding the oper-
ation of this title, including—
‘‘(1) with respect to subsections (b) and (c) of
this section, the results of a general review of bene-
ficiary countries based on the considerations de-
scribed in such subsections;
‘‘(2) with respect to subsection (c)(4), the de-
gree to which a country follows accepted rules of
298
international trade provided for under the General
Agreement on Tariffs and Trade and the World
Trade Organization;
‘‘(3) with respect to subsection (c)(9), the ex-
tent to which beneficiary countries are providing or
taking steps to provide protection of intellectual
property rights comparable to the protection pro-
vided to the United States in bilateral intellectual
property rights agreements;
‘‘(4) with respect to subsection (b)(2) and sub-
section (c)(5), the extent that beneficiary countries
are providing or taking steps to provide protection of
investment and investors comparable to the protec-
tion provided to the United States in bilateral in-
vestment treaties;
‘‘(5) with respect to subsection (c)(3), the ex-
tent that beneficiary countries are providing the
United States with equitable and reasonable market
access in the product sectors for which benefits are
provided under this title;
‘‘(6) with respect to subsection (c)(11), the ex-
tent that beneficiary countries are cooperating with
the United States in administering the provisions of
section 213(b); and