Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010

PUBLIC LAW 111312DEC.
17, 2010
anorris on DSK5R6SHH1PROD with PUBLIC LAWS
TAX RELIEF, UNEMPLOYMENT

INSURANCE REAUTHORIZATION, AND
JOB CREATION ACT OF 2010
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124 STAT. 3296
PUBLIC LAW 111312DEC. 17, 2010
Public Law 111312

111th Congress
An Act
Dec. 17, 2010
[H.R. 4853]
Tax Relief,
Unemployment
Insurance
Reauthorization,
and Job Creation
Act of 2010.
26 USC 1 note.
To amend the Internal Revenue Code of 1986 to extend the funding and expenditure
authority of the Airport and Airway Trust Fund, to amend title 49, United
States Code, to extend authorizations for the airport improvement program, and
for other purposes.
Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; ETC.
(a) SHORT TITLE.This Act may be cited as the Tax Relief,

Unemployment Insurance Reauthorization, and Job Creation Act
of 2010.
(b) AMENDMENT OF 1986 CODE.Except as otherwise expressly
provided, whenever in this Act an amendment or repeal is expressed
in terms of an amendment to, or repeal of, a section or other
provision, the reference shall be considered to be made to a section
or other provision of the Internal Revenue Code of 1986.
(c) TABLE OF CONTENTS.The table of contents for this Act
is as follows:
Sec. 1. Short title; etc.
TITLE ITEMPORARY EXTENSION OF TAX RELIEF
Sec. 101. Temporary extension of 2001 tax relief.
TITLE IITEMPORARY EXTENSION OF INDIVIDUAL AMT RELIEF
Sec. 201. Temporary extension of increased alternative minimum tax exemption
amount.
Sec. 202. Temporary extension of alternative minimum tax relief for nonrefundable
personal credits.
TITLE IIITEMPORARY ESTATE TAX RELIEF
Sec. 301. Reinstatement of estate tax; repeal of carryover basis.
Sec. 302. Modifications to estate, gift, and generation-skipping transfer taxes.
Sec. 303. Applicable exclusion amount increased by unused exclusion amount of deceased spouse.
Sec. 304. Application of EGTRRA sunset to this title.
TITLE IVTEMPORARY EXTENSION OF INVESTMENT INCENTIVES

Sec. 401. Extension of bonus depreciation; temporary 100 percent expensing for certain business assets.
Sec. 402. Temporary extension of increased small business expensing.
TITLE VTEMPORARY EXTENSION OF UNEMPLOYMENT INSURANCE AND
RELATED MATTERS
Sec. 501. Temporary extension of unemployment insurance provisions.
Sec. 502. Temporary modification of indicators under the extended benefit program.
Sec. 503. Technical amendment relating to collection of unemployment compensation debts.
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Sec. 504. Technical correction relating to repeal of continued dumping and subsidy
offset.
Sec. 505. Additional extended unemployment benefits under the Railroad Unemployment Insurance Act.
TITLE VITEMPORARY EMPLOYEE PAYROLL TAX CUT
Sec. 601. Temporary employee payroll tax cut.
TITLE VIITEMPORARY EXTENSION OF CERTAIN EXPIRING PROVISIONS
Sec.
Sec.
Sec.
Sec.
701.
702.
703.
704.
Sec. 705.
Sec. 706.
Sec.
Sec.
Sec.
Sec.
Sec.
707.
708.
709.
710.
711.
Subtitle AEnergy
Incentives for biodiesel and renewable diesel.
Credit for refined coal facilities.
New energy efficient home credit.
Excise tax credits and outlay payments for alternative fuel and alternative fuel mixtures.
Special rule for sales or dispositions to implement FERC or State electric
restructuring policy for qualified electric utilities.
Suspension of limitation on percentage depletion for oil and gas from
marginal wells.
Extension of grants for specified energy property in lieu of tax credits.
Extension of provisions related to alcohol used as fuel.
Energy efficient appliance credit.
Credit for nonbusiness energy property.
Alternative fuel vehicle refueling property.
Subtitle BIndividual Tax Relief

Sec. 721. Deduction for certain expenses of elementary and secondary school teachers.
Sec. 722. Deduction of State and local sales taxes.
Sec. 723. Contributions of capital gain real property made for conservation purposes.
Sec. 724. Above-the-line deduction for qualified tuition and related expenses.
Sec. 725. Tax-free distributions from individual retirement plans for charitable purposes.
Sec. 726. Look-thru of certain regulated investment company stock in determining
gross estate of nonresidents.
Sec. 727. Parity for exclusion from income for employer-provided mass transit and
parking benefits.
Sec. 728. Refunds disregarded in the administration of Federal programs and federally assisted programs.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
731.
732.
733.
734.
735.
736.
Sec. 737.
Sec.
Sec.
Sec.
Sec.
738.
739.
740.
741.
Sec. 742.
Sec.
Sec.
Sec.
Sec.
743.
744.
745.
746.
Sec. 747.
Sec.
Sec.
Sec.
Sec.
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748.
749.
750.
751.
Subtitle CBusiness Tax Relief

Research credit.
Indian employment tax credit.
New markets tax credit.
Railroad track maintenance credit.
Mine rescue team training credit.
Employer wage credit for employees who are active duty members of the
uniformed services.
15-year straight-line cost recovery for qualified leasehold improvements,
qualified restaurant buildings and improvements, and qualified retail
improvements.
7-year recovery period for motorsports entertainment complexes.
Accelerated depreciation for business property on an Indian reservation.
Enhanced charitable deduction for contributions of food inventory.
Enhanced charitable deduction for contributions of book inventories to
public schools.
Enhanced charitable deduction for corporate contributions of computer inventory for educational purposes.
Election to expense mine safety equipment.
Special expensing rules for certain film and television productions.
Expensing of environmental remediation costs.
Deduction allowable with respect to income attributable to domestic production activities in Puerto Rico.
Modification of tax treatment of certain payments to controlling exempt
organizations.
Treatment of certain dividends of regulated investment companies.
RIC qualified investment entity treatment under FIRPTA.
Exceptions for active financing income.
Look-thru treatment of payments between related controlled foreign corporations under foreign personal holding company rules.
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124 STAT. 3298
Sec. 752. Basis adjustment to stock of S corps making charitable contributions of

property.
Sec. 753. Empowerment zone tax incentives.
Sec. 754. Tax incentives for investment in the District of Columbia.
Sec. 755. Temporary increase in limit on cover over of rum excise taxes to Puerto
Rico and the Virgin Islands.
Sec. 756. American Samoa economic development credit.
Sec. 757. Work opportunity credit.
Sec. 758. Qualified zone academy bonds.
Sec. 759. Mortgage insurance premiums.
Sec. 760. Temporary exclusion of 100 percent of gain on certain small business
stock.
Subtitle DTemporary Disaster Relief Provisions
SUBPART ANEW YORK LIBERTY ZONE
Sec. 761. Tax-exempt bond financing.

SUBPART BGO ZONE
Sec.
Sec.
Sec.
Sec.
762.
763.
764.
765.
Increase in rehabilitation credit.

Low-income housing credit rules for buildings in GO zones.
Tax-exempt bond financing.
Bonus depreciation deduction applicable to the GO Zone.
TITLE VIIIBUDGETARY PROVISIONS
Sec. 801. Determination of budgetary effects.

Sec. 802. Emergency designations.
TITLE ITEMPORARY EXTENSION OF

TAX RELIEF
SEC. 101. TEMPORARY EXTENSION OF 2001 TAX RELIEF.
26 USC 1 note.
26 USC 1 note.
Ante, p. 1023.
Applicability.
Ante, p. 1024.
(a) TEMPORARY EXTENSION.

(1) IN GENERAL.Section 901 of the Economic Growth and
Tax Relief Reconciliation Act of 2001 is amended by striking
December 31, 2010 both places it appears and inserting
December 31, 2012.
(2) EFFECTIVE DATE.The amendment made by this subsection shall take effect as if included in the enactment of
the Economic Growth and Tax Relief Reconciliation Act of
2001.
(b) SEPARATE SUNSET FOR EXPANSION OF ADOPTION BENEFITS
UNDER THE PATIENT PROTECTION AND AFFORDABLE CARE ACT.
(1) IN GENERAL.Subsection (c) of section 10909 of the
Patient Protection and Affordable Care Act is amended to read
as follows:
(c) SUNSET PROVISION.Each provision of law amended by
this section is amended to read as such provision would read
if this section had never been enacted. The amendments made
by the preceding sentence shall apply to taxable years beginning
after December 31, 2011..
(2) CONFORMING AMENDMENT.Subsection (d) of section
10909 of such Act is amended by striking The amendments
and inserting Except as provided in subsection (c), the amendments.

26 USC 1 note.
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(a) IN GENERAL.Section 303 of the Jobs and Growth Tax

Relief Reconciliation Act of 2003 is amended by striking December
31, 2010 and inserting December 31, 2012.
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124 STAT. 3299
(b) EFFECTIVE DATE.The amendment made by this section

shall take effect as if included in the enactment of the Jobs and
Growth Tax Relief Reconciliation Act of 2003.
26 USC 1 note.
(a) AMERICAN OPPORTUNITY TAX CREDIT.

(1) IN GENERAL.Section 25A(i) is amended by striking
or 2010 and inserting , 2010, 2011, or 2012.
(2) TREATMENT OF POSSESSIONS.Section 1004(c)(1) of the
American Recovery and Reinvestment Tax Act of 2009 is
amended by striking and 2010 each place it appears and
inserting , 2010, 2011, and 2012.
(b) CHILD TAX CREDIT.Section 24(d)(4) is amended
(1) by striking 2009 AND 2010 in the heading and
inserting 2009, 2010, 2011, AND 2012, and
(2) by striking or 2010 and inserting , 2010, 2011, or
2012.
(c) EARNED INCOME TAX CREDIT.Section 32(b)(3) is amended
(1) by striking 2009 AND 2010 in the heading and
inserting 2009, 2010, 2011, AND 2012, and
(2) by striking or 2010 and inserting , 2010, 2011, or
2012.
(d) EFFECTIVE DATE.The amendments made by this section
shall apply to taxable years beginning after December 31, 2010.
26 USC 25A.
26 USC 25A note.
26 USC 24 note.
TITLE IITEMPORARY EXTENSION OF

INDIVIDUAL AMT RELIEF
SEC. 201. TEMPORARY EXTENSION OF INCREASED ALTERNATIVE MINIMUM TAX EXEMPTION AMOUNT.
(a) IN GENERAL.Paragraph (1) of section 55(d) is amended

(1) by striking $70,950 and all that follows through 2009
in subparagraph (A) and inserting $72,450 in the case of
taxable years beginning in 2010 and $74,450 in the case of
taxable years beginning in 2011, and
(2) by striking $46,700 and all that follows through 2009
in subparagraph (B) and inserting $47,450 in the case of
taxable years beginning in 2010 and $48,450 in the case of
taxable years beginning in 2011.
(b) EFFECTIVE DATE.The amendments made by this section
(c) REPEAL OF EGTRRA SUNSET.Title IX of the Economic
Growth and Tax Relief Reconciliation Act of 2001 (relating to sunset
of provisions of such Act) shall not apply to title VII of such
Act (relating to alternative minimum tax).
26 USC 55 note.
26 USC 1 note.
SEC. 202. TEMPORARY EXTENSION OF ALTERNATIVE MINIMUM TAX

RELIEF FOR NONREFUNDABLE PERSONAL CREDITS.
(a) IN GENERAL.Paragraph (2) of section 26(a) is amended

(1) by striking or 2009 and inserting 2009, 2010, or
2011, and
(2) by striking 2009 in the heading thereof and inserting
2011.
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26 USC 26 note.
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TITLE IIITEMPORARY ESTATE TAX

RELIEF
SEC. 301. REINSTATEMENT OF ESTATE TAX; REPEAL OF CARRYOVER
BASIS.
26 USC 121, 684,

1014, 1022, 1040,
1221, 1246, 1291,
1296, 2210, 2664,
6018, 6019, 6075,
6716, 7701.
Effective date.
26 USC 2505
note.
26 USC 2505.
Time period.
26 USC 2001
note.
26 USC 6075
note.
Deadline.
26 USC 2662
note.
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(a) IN GENERAL.Each provision of law amended by subtitle

A or E of title V of the Economic Growth and Tax Relief Reconciliation Act of 2001 is amended to read as such provision would
read if such subtitle had never been enacted.
(b) CONFORMING AMENDMENT.On and after January 1, 2011,
paragraph (1) of section 2505(a) of the Internal Revenue Code
of 1986 is amended to read as such paragraph would read if section
521(b)(2) of the Economic Growth and Tax Relief Reconciliation
Act of 2001 had never been enacted.
(c) SPECIAL ELECTION WITH RESPECT TO ESTATES OF
DECEDENTS DYING IN 2010.Notwithstanding subsection (a), in
the case of an estate of a decedent dying after December 31, 2009,
and before January 1, 2011, the executor (within the meaning
of section 2203 of the Internal Revenue Code of 1986) may elect
to apply such Code as though the amendments made by subsection
(a) do not apply with respect to chapter 11 of such Code and
with respect to property acquired or passing from such decedent
(within the meaning of section 1014(b) of such Code). Such election
shall be made at such time and in such manner as the Secretary
of the Treasury or the Secretarys delegate shall provide. Such
an election once made shall be revocable only with the consent
of the Secretary of the Treasury or the Secretarys delegate. For
purposes of section 2652(a)(1) of such Code, the determination of
whether any property is subject to the tax imposed by such chapter
11 shall be made without regard to any election made under this
subsection.
(d) EXTENSION OF TIME FOR PERFORMING CERTAIN ACTS.
(1) ESTATE TAX.In the case of the estate of a decedent
dying after December 31, 2009, and before the date of the
enactment of this Act, the due date for
(A) filing any return under section 6018 of the Internal
Revenue Code of 1986 (including any election required
to be made on such a return) as such section is in effect
after the date of the enactment of this Act without regard
to any election under subsection (c),
(B) making any payment of tax under chapter 11 of
such Code, and
(C) making any disclaimer described in section 2518(b)
of such Code of an interest in property passing by reason
of the death of such decedent,
shall not be earlier than the date which is 9 months after
the date of the enactment of this Act.
(2) GENERATION-SKIPPING TAX.In the case of any generation-skipping transfer made after December 31, 2009, and
before the date of the enactment of this Act, the due date
for filing any return under section 2662 of the Internal Revenue
Code of 1986 (including any election required to be made on
such a return) shall not be earlier than the date which is
9 months after the date of the enactment of this Act.
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124 STAT. 3301
(e) EFFECTIVE DATE.Except as otherwise provided in this

section, the amendments made by this section shall apply to estates
of decedents dying, and transfers made, after December 31, 2009.
26 USC 121 note.
SEC. 302. MODIFICATIONS TO ESTATE, GIFT, AND GENERATION-SKIPPING TRANSFER TAXES.
(a) MODIFICATIONS TO ESTATE TAX.

(1) $5,000,000 APPLICABLE EXCLUSION AMOUNT.Subsection
(c) of section 2010 is amended to read as follows:
(c) APPLICABLE CREDIT AMOUNT.
(1) IN GENERAL.For purposes of this section, the
applicable credit amount is the amount of the tentative tax
which would be determined under section 2001(c) if the amount
with respect to which such tentative tax is to be computed
were equal to the applicable exclusion amount.
(2) APPLICABLE EXCLUSION AMOUNT.
(A) IN GENERAL.For purposes of this subsection, the
applicable exclusion amount is $5,000,000.
(B) INFLATION ADJUSTMENT.In the case of any
decedent dying in a calendar year after 2011, the dollar
amount in subparagraph (A) shall be increased by an
amount equal to
(i) such dollar amount, multiplied by
(ii) the cost-of-living adjustment determined
under section 1(f)(3) for such calendar year by substituting calendar year 2010 for calendar year 1992
in subparagraph (B) thereof.
If any amount as adjusted under the preceding sentence
is not a multiple of $10,000, such amount shall be rounded
to the nearest multiple of $10,000..
(2) MAXIMUM ESTATE TAX RATE EQUAL TO 35 PERCENT.
Subsection (c) of section 2001 is amended
(A) by striking Over $500,000 and all that follows
in the table contained in paragraph (1) and inserting the
following:
Over $500,000 ............................
$155,800, plus 35 percent of the

excess of such amount over
$500,000.,
(B) by striking (1) IN GENERAL., and

(C) by striking paragraph (2).
(b) MODIFICATIONS TO GIFT TAX.
(1) RESTORATION OF UNIFIED CREDIT AGAINST GIFT TAX.
(A) IN GENERAL.Paragraph (1) of section 2505(a),
after the application of section 301(b), is amended by
striking (determined as if the applicable exclusion amount
were $1,000,000).
(B) EFFECTIVE DATE.The amendment made by this
paragraph shall apply to gifts made after December 31,
2010.
(2) MODIFICATION OF GIFT TAX RATE.On and after January
1, 2011, subsection (a) of section 2502 is amended to read
as such subsection would read if section 511(d) of the Economic
Growth and Tax Relief Reconciliation Act of 2001 had never
been enacted.
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26 USC 2010.
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26 USC 2505
note.
Effective date.
26 USC 2502
note.
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Time period.
26 USC 2641
note.
26 USC 2001.
Applicability.
Applicability.
26 USC 2001
note.
(c) MODIFICATION OF GENERATION-SKIPPING TRANSFER TAX.

In the case of any generation-skipping transfer made after
December 31, 2009, and before January 1, 2011, the applicable
rate determined under section 2641(a) of the Internal Revenue
Code of 1986 shall be zero.
(d) MODIFICATIONS OF ESTATE AND GIFT TAXES TO REFLECT
DIFFERENCES IN CREDIT RESULTING FROM DIFFERENT TAX RATES.
(1) ESTATE TAX.
(A) IN GENERAL.Section 2001(b)(2) is amended by
striking if the provisions of subsection (c) (as in effect
at the decedents death) and inserting if the modifications
described in subsection (g).
(B) MODIFICATIONS.Section 2001 is amended by
adding at the end the following new subsection:
(g) MODIFICATIONS TO GIFT TAX PAYABLE TO REFLECT DIFFERENT TAX RATES.For purposes of applying subsection (b)(2)
with respect to 1 or more gifts, the rates of tax under subsection
(c) in effect at the decedents death shall, in lieu of the rates
of tax in effect at the time of such gifts, be used both to compute
(1) the tax imposed by chapter 12 with respect to such
gifts, and
(2) the credit allowed against such tax under section 2505,
including in computing
(A) the applicable credit amount under section
2505(a)(1), and
(B) the sum of the amounts allowed as a credit for
all preceding periods under section 2505(a)(2)..
(2) GIFT TAX.Section 2505(a) is amended by adding at
the end the following new flush sentence:
For purposes of applying paragraph (2) for any calendar year,
the rates of tax in effect under section 2502(a)(2) for such calendar
year shall, in lieu of the rates of tax in effect for preceding calendar
periods, be used in determining the amounts allowable as a credit
under this section for all preceding calendar periods..
(e) CONFORMING AMENDMENT.Section 2511 is amended by
striking subsection (c).
(f) EFFECTIVE DATE.Except as otherwise provided in this subsection, the amendments made by this section shall apply to estates
of decedents dying, generation-skipping transfers, and gifts made,
after December 31, 2009.
SEC. 303. APPLICABLE EXCLUSION AMOUNT INCREASED BY UNUSED

EXCLUSION AMOUNT OF DECEASED SPOUSE.
(a) IN GENERAL.Section 2010(c), as amended by section 302(a),

is amended by striking paragraph (2) and inserting the following
new paragraphs:
(2) APPLICABLE EXCLUSION AMOUNT.For purposes of this
subsection, the applicable exclusion amount is the sum of
(A) the basic exclusion amount, and
(B) in the case of a surviving spouse, the deceased
spousal unused exclusion amount.
(3) BASIC EXCLUSION AMOUNT.
(A) IN GENERAL.For purposes of this subsection, the
basic exclusion amount is $5,000,000.
(B) INFLATION ADJUSTMENT.In the case of any
decedent dying in a calendar year after 2011, the dollar
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124 STAT. 3303
amount in subparagraph (A) shall be increased by an

amount equal to
under section 1(f)(3) for such calendar year by substituting calendar year 2010 for calendar year 1992
in subparagraph (B) thereof.
If any amount as adjusted under the preceding sentence
is not a multiple of $10,000, such amount shall be rounded
to the nearest multiple of $10,000.
(4) DECEASED SPOUSAL UNUSED EXCLUSION AMOUNT.For
purposes of this subsection, with respect to a surviving spouse
of a deceased spouse dying after December 31, 2010, the term
deceased spousal unused exclusion amount means the lesser
of
(A) the basic exclusion amount, or
(B) the excess of
(i) the basic exclusion amount of the last such
deceased spouse of such surviving spouse, over
(ii) the amount with respect to which the tentative
tax is determined under section 2001(b)(1) on the estate
of such deceased spouse.
(5) SPECIAL RULES.
(A) ELECTION REQUIRED.A deceased spousal unused
exclusion amount may not be taken into account by a
surviving spouse under paragraph (2) unless the executor
of the estate of the deceased spouse files an estate tax
return on which such amount is computed and makes
an election on such return that such amount may be so
taken into account. Such election, once made, shall be
irrevocable. No election may be made under this subparagraph if such return is filed after the time prescribed
by law (including extensions) for filing such return.
(B) EXAMINATION OF PRIOR RETURNS AFTER EXPIRATION
OF PERIOD OF LIMITATIONS WITH RESPECT TO DECEASED

SPOUSAL UNUSED EXCLUSION AMOUNT.Notwithstanding
any period of limitation in section 6501, after the time

has expired under section 6501 within which a tax may
be assessed under chapter 11 or 12 with respect to a
deceased spousal unused exclusion amount, the Secretary
may examine a return of the deceased spouse to make
determinations with respect to such amount for purposes
of carrying out this subsection.
(6) REGULATIONS.The Secretary shall prescribe such
regulations as may be necessary or appropriate to carry out
this subsection..
(b) CONFORMING AMENDMENTS.
(1) Paragraph (1) of section 2505(a), as amended by section
302(b)(1), is amended to read as follows:
(1) the applicable credit amount in effect under section
2010(c) which would apply if the donor died as of the end
of the calendar year, reduced by.
(2) Section 2631(c) is amended by striking the applicable
exclusion amount and inserting the basic exclusion amount.
(3) Section 6018(a)(1) is amended by striking applicable
exclusion amount and inserting basic exclusion amount.
(c) EFFECTIVE DATES.
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26 USC 2505.
Applicability.
26 USC 2010
note.
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124 STAT. 3304

(1) IN GENERAL.Except as provided in paragraph (2), the
amendments made by this section shall apply to estates of
decedents dying and gifts made after December 31, 2010.
(2) CONFORMING AMENDMENT RELATING TO GENERATIONSKIPPING TRANSFERS.The amendment made by subsection
(b)(2) shall apply to generation-skipping transfers after
December 31, 2010.
26 USC 121 note.
SEC. 304. APPLICATION OF EGTRRA SUNSET TO THIS TITLE.
Section 901 of the Economic Growth and Tax Relief Reconciliation Act of 2001 shall apply to the amendments made by this
title.
TITLE IVTEMPORARY EXTENSION OF

INVESTMENT INCENTIVES
SEC. 401. EXTENSION OF BONUS DEPRECIATION; TEMPORARY 100 PERCENT EXPENSING FOR CERTAIN BUSINESS ASSETS.
26 USC 168.
Applicability.
Time periods.
Applicability.
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(a) IN GENERAL.Paragraph (2) of section 168(k) is amended

(1) by striking January 1, 2012 in subparagraph (A)(iv)
and inserting January 1, 2014, and
(2) by striking January 1, 2011 each place it appears
and inserting January 1, 2013.
(b) TEMPORARY 100 PERCENT EXPENSING.Subsection (k) of
section 168 is amended by adding at the end the following new
paragraph:
(5) SPECIAL RULE FOR PROPERTY ACQUIRED DURING CERTAIN
PRE-2012 PERIODS.In the case of qualified property acquired
by the taxpayer (under rules similar to the rules of clauses
(ii) and (iii) of paragraph (2)(A)) after September 8, 2010, and
before January 1, 2012, and which is placed in service by
the taxpayer before January 1, 2012 (January 1, 2013, in the
case of property described in subparagraph (2)(B) or (2)(C)),
paragraph (1)(A) shall be applied by substituting 100 percent
for 50 percent..
(c) EXTENSION OF ELECTION TO ACCELERATE THE AMT CREDIT
IN LIEU OF BONUS DEPRECIATION.
(1) EXTENSION.Clause (iii) of section 168(k)(4)(D) is
amended by striking or production and all that follows and
inserting or production
(I) after March 31, 2008, and before January
1, 2010, and
(II) after December 31, 2010, and before
January 1, 2013,
shall be taken into account under subparagraph (B)(ii)
thereof,.
(2) RULES FOR ROUND 2 EXTENSION PROPERTY.Paragraph
(4) of section 168(k) is amended by adding at the end the
following new subparagraph:
(I) SPECIAL RULES FOR ROUND 2 EXTENSION PROPERTY.
(i) IN GENERAL.In the case of round 2 extension
property, this paragraph shall be applied without
regard to
(I) the limitation described in subparagraph
(B)(i) thereof, and
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124 STAT. 3305
(II) the business credit increase amount

under subparagraph (E)(iii) thereof.
(ii) TAXPAYERS PREVIOUSLY ELECTING ACCELERATION.In the case of a taxpayer who made the election
under subparagraph (A) for its first taxable year ending
after March 31, 2008, or a taxpayer who made the
election under subparagraph (H)(ii) for its first taxable
year ending after December 31, 2008
(I) the taxpayer may elect not to have this
paragraph apply to round 2 extension property,
but
(II) if the taxpayer does not make the election
under subclause (I), in applying this paragraph
to the taxpayer the bonus depreciation amount,
maximum amount, and maximum increase amount
shall be computed and applied to eligible qualified
property which is round 2 extension property.
The amounts described in subclause (II) shall be computed separately from any amounts computed with
respect to eligible qualified property which is not round
2 extension property.
(iii) TAXPAYERS NOT PREVIOUSLY ELECTING ACCELERATION.In the case of a taxpayer who neither made
the election under subparagraph (A) for its first taxable
year ending after March 31, 2008, nor made the election under subparagraph (H)(ii) for its first taxable
year ending after December 31, 2008
(I) the taxpayer may elect to have this paragraph apply to its first taxable year ending after
December 31, 2010, and each subsequent taxable
year, and
(II) if the taxpayer makes the election under
subclause (I), this paragraph shall only apply to
eligible qualified property which is round 2 extension property.
(iv) ROUND 2 EXTENSION PROPERTY.For purposes
of this subparagraph, the term round 2 extension property means property which is eligible qualified property solely by reason of the extension of the application
of the special allowance under paragraph (1) pursuant
to the amendments made by section 401(a) of the Tax
Relief, Unemployment Insurance Reauthorization, and
Job Creation Act of 2010 (and the application of such
extension to this paragraph pursuant to the amendment made by section 401(c)(1) of such Act)..
(d) CONFORMING AMENDMENTS.
(1) The heading for subsection (k) of section 168 is amended
by striking JANUARY 1, 2011 and inserting JANUARY 1, 2013.
(2) The heading for clause (ii) of section 168(k)(2)(B) is
amended by striking PRE-JANUARY 1, 2011 and inserting PREJANUARY 1, 2013.
(3) Subparagraph (D) of section 168(k)(4) is amended
(A) by striking clauses (iv) and (v),
(B) by inserting and at the end of clause (ii), and
(C) by striking the comma at the end of clause (iii)
and inserting a period.
(4) Paragraph (5) of section 168(l) is amended
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26 USC 168.
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(A) by inserting and at the end of subparagraph
(A),
(B) by striking subparagraph (B), and
(C) by redesignating subparagraph (C) as subparagraph (B).
(5) Subparagraph (C) of section 168(n)(2) is amended by
striking January 1, 2011 and inserting January 1, 2013.
(6) Subparagraph (D) of section 1400L(b)(2) is amended
by striking January 1, 2011 and inserting January 1, 2013.
(7) Subparagraph (B) of section 1400N(d)(3) is amended
(e) EFFECTIVE DATES.
(1) IN GENERAL.Except as provided in paragraph (2), the
amendments made by this section shall apply to property placed
in service after December 31, 2010, in taxable years ending
after such date.
(2) TEMPORARY 100 PERCENT EXPENSING.The amendment
made by subsection (b) shall apply to property placed in service
after September 8, 2010, in taxable years ending after such
date.
26 USC 168.
Applicability.
26 USC 168 note.
SEC. 402. TEMPORARY EXTENSION OF INCREASED SMALL BUSINESS

EXPENSING.
(a) DOLLAR LIMITATION.Section 179(b)(1) is amended by

striking and at the end of subparagraph (B) and by striking
subparagraph (C) and inserting the following new subparagraphs:
(C) $125,000 in the case of taxable years beginning
in 2012, and
(D) $25,000 in the case of taxable years beginning
after 2012..
(b) REDUCTION IN LIMITATION.Section 179(b)(2) is amended
by striking and at the end of subparagraph (B) and by striking
subparagraph (C) and inserting the following new subparagraphs:
(C) $500,000 in the case of taxable years beginning
in 2012, and
(D) $200,000 in the case of taxable years beginning
after 2012..
(c) INFLATION ADJUSTMENT.Subsection (b) of section 179 is
amended by adding at the end the following new paragraph:
(6) INFLATION ADJUSTMENT.
(A) IN GENERAL.In the case of any taxable year
beginning in calendar year 2012, the $125,000 and
$500,000 amounts in paragraphs (1)(C) and (2)(C) shall
each be increased by an amount equal to
under section 1(f)(3) for the calendar year in which
the taxable year begins, by substituting calendar year
2006 for calendar year 1992 in subparagraph (B)
thereof.
(B) ROUNDING.
(i) DOLLAR LIMITATION.If the amount in paragraph (1) as increased under subparagraph (A) is not
a multiple of $1,000, such amount shall be rounded
to the nearest multiple of $1,000.
(ii) PHASEOUT AMOUNT.If the amount in paragraph (2) as increased under subparagraph (A) is not
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a multiple of $10,000, such amount shall be rounded

to the nearest multiple of $10,000..
(d) COMPUTER SOFTWARE.Section 179(d)(1)(A)(ii) is amended
by striking 2012 and inserting 2013.
(e) CONFORMING AMENDMENT.Section 179(c)(2) is amended
by striking 2012 and inserting 2013.
(f) EFFECTIVE DATE.The amendments made by this section
26 USC 179.
26 USC 179 note.
TITLE VTEMPORARY EXTENSION OF

UNEMPLOYMENT INSURANCE AND
RELATED MATTERS
SEC. 501. TEMPORARY EXTENSION OF UNEMPLOYMENT INSURANCE
PROVISIONS.
(a) IN GENERAL.(1) Section 4007 of the Supplemental Appropriations Act, 2008 (Public Law 110252; 26 U.S.C. 3304 note)
is amended
(A) by striking November 30, 2010 each place it appears
and inserting January 3, 2012;
(B) in the heading for subsection (b)(2), by striking
NOVEMBER 30, 2010 and inserting JANUARY 3, 2012; and
(C) in subsection (b)(3), by striking April 30, 2011 and
inserting June 9, 2012.
(2) Section 2005 of the Assistance for Unemployed Workers
and Struggling Families Act, as contained in Public Law 111
5 (26 U.S.C. 3304 note; 123 Stat. 444), is amended
(A) by striking December 1, 2010 each place it appears
and inserting January 4, 2012; and
(B) in subsection (c), by striking May 1, 2011 and
inserting June 11, 2012.
(3) Section 5 of the Unemployment Compensation Extension
Act of 2008 (Public Law 110449; 26 U.S.C. 3304 note) is amended
by striking April 30, 2011 and inserting June 10, 2012.
(b) FUNDING.Section 4004(e)(1) of the Supplemental Appropriations Act, 2008 (Public Law 110252; 26 U.S.C. 3304 note)
is amended
(1) in subparagraph (E), by striking and at the end;
and
(2) by inserting after subparagraph (F) the following:
(G) the amendments made by section 501(a)(1) of the
Tax Relief, Unemployment Insurance Reauthorization, and
Job Creation Act of 2010; and.
(c) EFFECTIVE DATE.The amendments made by this section
shall take effect as if included in the enactment of the Unemployment Compensation Extension Act of 2010 (Public Law 111205).
SEC. 502. TEMPORARY MODIFICATION OF INDICATORS UNDER THE

EXTENDED BENEFIT PROGRAM.
(a) INDICATOR.Section 203(d) of the Federal-State Extended

Unemployment Compensation Act of 1970 (26 U.S.C. 3304 note)
is amended, in the flush matter following paragraph (2), by inserting
after the first sentence the following sentence: Effective with
respect to compensation for weeks of unemployment beginning after
the date of enactment of the Tax Relief, Unemployment Insurance
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26 USC 3304
note.
26 USC 3304.
Effective date.
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Effective date.
Reauthorization, and Job Creation Act of 2010 (or, if later, the

date established pursuant to State law), and ending on or before
December 31, 2011, the State may by law provide that the determination of whether there has been a state on or off indicator
beginning or ending any extended benefit period shall be made
under this subsection as if the word two were three in subparagraph (1)(A)..
(b) ALTERNATIVE TRIGGER.Section 203(f) of the Federal-State
Extended Unemployment Compensation Act of 1970 (26 U.S.C.
3304 note) is amended
(1) by redesignating paragraph (2) as paragraph (3); and
(2) by inserting after paragraph (1) the following new paragraph:
(2) Effective with respect to compensation for weeks of
unemployment beginning after the date of enactment of the Tax
Relief, Unemployment Insurance Reauthorization, and Job Creation
Act of 2010 (or, if later, the date established pursuant to State
law), and ending on or before December 31, 2011, the State may
by law provide that the determination of whether there has been
a state on or off indicator beginning or ending any extended
benefit period shall be made under this subsection as if the word
either were any, the word both were all, and the figure 2
were 3 in clause (1)(A)(ii)..
SEC. 503. TECHNICAL AMENDMENT RELATING TO COLLECTION OF
UNEMPLOYMENT COMPENSATION DEBTS.
(a) IN GENERAL.Section 6402(f)(3)(C), as amended by section

801 of the Claims Resolution Act of 2010, is amended by striking
is not a covered unemployment compensation debt and inserting
is a covered unemployment compensation debt.
(b) EFFECTIVE DATE.The amendment made by subsection (a)
shall take effect as if included in section 801 of the Claims Resolution Act of 2010.
26 USC 6402.
26 USC 6402
note.
SEC. 504. TECHNICAL CORRECTION RELATING TO REPEAL OF CONTINUED DUMPING AND SUBSIDY OFFSET.
Ante, p. 3163.
19 USC 1675c
note.
(a) IN GENERAL.Section 822(2)(A) of the Claims Resolution

Act of 2010 is amended by striking or and inserting and.
(b) EFFECTIVE DATE.The amendment made by subsection (a)
shall take effect as if included in the provisions of the Claims
Resolution Act of 2010.
SEC. 505. ADDITIONAL EXTENDED UNEMPLOYMENT BENEFITS UNDER
THE RAILROAD UNEMPLOYMENT INSURANCE ACT.
Ante, p. 2988.
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(a) EXTENSION.Section 2(c)(2)(D)(iii) of the Railroad

Unemployment Insurance Act, as added by section 2006 of the
American Recovery and Reinvestment Act of 2009 (Public Law
1115) and as amended by section 9 of the Worker, Homeownership,
and Business Assistance Act of 2009 (Public Law 11192), is
amended
(1) by striking June 30, 2010 and inserting June 30,
2011; and
(2) by striking December 31, 2010 and inserting
December 31, 2011.
(b) CLARIFICATION ON AUTHORITY TO USE FUNDS.Funds
appropriated under either the first or second sentence of clause
(iv) of section 2(c)(2)(D) of the Railroad Unemployment Insurance
Act shall be available to cover the cost of additional extended
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unemployment benefits provided under such section 2(c)(2)(D) by

reason of the amendments made by subsection (a) as well as to
cover the cost of such benefits provided under such section
2(c)(2)(D), as in effect on the day before the date of the enactment
of this Act.
TITLE VITEMPORARY EMPLOYEE

PAYROLL TAX CUT
SEC. 601. TEMPORARY EMPLOYEE PAYROLL TAX CUT.
(a) IN GENERAL.Notwithstanding any other provision of law

(1) with respect to any taxable year which begins in the
payroll tax holiday period, the rate of tax under section 1401(a)
of the Internal Revenue Code of 1986 shall be 10.40 percent,
and
(2) with respect to remuneration received during the payroll
tax holiday period, the rate of tax under 3101(a) of such Code
shall be 4.2 percent (including for purposes of determining
the applicable percentage under sections 3201(a) and 3211(a)(1)
of such Code).
(b) COORDINATION WITH DEDUCTIONS FOR EMPLOYMENT
TAXES.
(1) DEDUCTION IN COMPUTING NET EARNINGS FROM SELFEMPLOYMENT.For purposes of applying section 1402(a)(12) of
the Internal Revenue Code of 1986, the rate of tax imposed
by subsection 1401(a) of such Code shall be determined without
regard to the reduction in such rate under this section.
(2) INDIVIDUAL DEDUCTION.In the case of the taxes
imposed by section 1401 of such Code for any taxable year
which begins in the payroll tax holiday period, the deduction
under section 164(f) with respect to such taxes shall be equal
to the sum of
(A) 59.6 percent of the portion of such taxes attributable to the tax imposed by section 1401(a) (determined
after the application of this section), plus
(B) one-half of the portion of such taxes attributable
to the tax imposed by section 1401(b).
(c) PAYROLL TAX HOLIDAY PERIOD.The term payroll tax holiday period means calendar year 2011.
(d) EMPLOYER NOTIFICATION.The Secretary of the Treasury
shall notify employers of the payroll tax holiday period in any
manner the Secretary deems appropriate.
(e) TRANSFERS OF FUNDS.
(1) TRANSFERS TO FEDERAL OLD-AGE AND SURVIVORS INSURANCE TRUST FUND.There are hereby appropriated to the Federal Old-Age and Survivors Trust Fund and the Federal Disability Insurance Trust Fund established under section 201
of the Social Security Act (42 U.S.C. 401) amounts equal to
the reduction in revenues to the Treasury by reason of the
application of subsection (a). Amounts appropriated by the preceding sentence shall be transferred from the general fund
at such times and in such manner as to replicate to the extent
possible the transfers which would have occurred to such Trust
Fund had such amendments not been enacted.
(2) TRANSFERS TO SOCIAL SECURITY EQUIVALENT BENEFIT
ACCOUNT.There are hereby appropriated to the Social Security
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26 USC 1401
note.
Definition.
Appropriation.
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Equivalent Benefit Account established under section 15A(a)
of the Railroad Retirement Act of 1974 (45 U.S.C. 231n1(a))
amounts equal to the reduction in revenues to the Treasury
by reason of the application of subsection (a)(2). Amounts appropriated by the preceding sentence shall be transferred from
the general fund at such times and in such manner as to
replicate to the extent possible the transfers which would have
occurred to such Account had such amendments not been
enacted.
(3) COORDINATION WITH OTHER FEDERAL LAWS.For purposes of applying any provision of Federal law other than
the provisions of the Internal Revenue Code of 1986, the rate
of tax in effect under section 3101(a) of such Code shall be
determined without regard to the reduction in such rate under
this section.
Applicability.
TITLE VIITEMPORARY EXTENSION OF

CERTAIN EXPIRING PROVISIONS
Subtitle AEnergy
SEC. 701. INCENTIVES FOR BIODIESEL AND RENEWABLE DIESEL.
26 USC 40A.
Claims.
Deadline.
26 USC 6426
note.
Guidance.
Time period.
26 USC 40A note.
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(a) CREDITS FOR BIODIESEL AND RENEWABLE DIESEL USED AS

FUEL.Subsection (g) of section 40A is amended by striking
December 31, 2009 and inserting December 31, 2011.
(b) EXCISE TAX CREDITS AND OUTLAY PAYMENTS FOR BIODIESEL
AND RENEWABLE DIESEL FUEL MIXTURES.
(1) Paragraph (6) of section 6426(c) is amended by striking
December 31, 2009 and inserting December 31, 2011.
(2) Subparagraph (B) of section 6427(e)(6) is amended by
striking December 31, 2009 and inserting December 31,
2011.
(c) SPECIAL RULE FOR 2010.Notwithstanding any other provision of law, in the case of any biodiesel mixture credit properly
determined under section 6426(c) of the Internal Revenue Code
of 1986 for periods during 2010, such credit shall be allowed,
and any refund or payment attributable to such credit (including
any payment under section 6427(e) of such Code) shall be made,
only in such manner as the Secretary of the Treasury (or the
Secretarys delegate) shall provide. Such Secretary shall issue guidance within 30 days after the date of the enactment of this Act
providing for a one-time submission of claims covering periods
during 2010. Such guidance shall provide for a 180-day period
for the submission of such claims (in such manner as prescribed
by such Secretary) to begin not later than 30 days after such
guidance is issued. Such claims shall be paid by such Secretary
not later than 60 days after receipt. If such Secretary has not
paid pursuant to a claim filed under this subsection within 60
days after the date of the filing of such claim, the claim shall
be paid with interest from such date determined by using the
overpayment rate and method under section 6621 of such Code.
shall apply to fuel sold or used after December 31, 2009.
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SEC. 702. CREDIT FOR REFINED COAL FACILITIES.
(a) IN GENERAL.Subparagraph (B) of section 45(d)(8) is

amended by striking January 1, 2010 and inserting January
1, 2012.
shall apply to facilities placed in service after December 31, 2009.
26 USC 45.
26 USC 45 note.
SEC. 703. NEW ENERGY EFFICIENT HOME CREDIT.
(a) IN GENERAL.Subsection (g) of section 45L is amended

by striking December 31, 2009 and inserting December 31, 2011.
shall apply to homes acquired after December 31, 2009.
26 USC 45L note.
SEC. 704. EXCISE TAX CREDITS AND OUTLAY PAYMENTS FOR ALTERNATIVE FUEL AND ALTERNATIVE FUEL MIXTURES.
(a) IN GENERAL.Sections 6426(d)(5), 6426(e)(3), and

6427(e)(6)(C) are each amended by striking December 31, 2009
and inserting December 31, 2011.
(b) EXCLUSION OF BLACK LIQUOR FROM CREDIT ELIGIBILITY.
The last sentence of section 6426(d)(2) is amended by striking
or biodiesel and inserting biodiesel, or any fuel (including lignin,
wood residues, or spent pulping liquors) derived from the production
of paper or pulp.
(c) SPECIAL RULE FOR 2010.Notwithstanding any other provision of law, in the case of any alternative fuel credit or any alternative fuel mixture credit properly determined under subsection
(d) or (e) of section 6426 of the Internal Revenue Code of 1986
for periods during 2010, such credit shall be allowed, and any
refund or payment attributable to such credit (including any payment under section 6427(e) of such Code) shall be made, only
in such manner as the Secretary of the Treasury (or the Secretarys
delegate) shall provide. Such Secretary shall issue guidance within
30 days after the date of the enactment of this Act providing
for a one-time submission of claims covering periods during 2010.
Such guidance shall provide for a 180-day period for the submission
of such claims (in such manner as prescribed by such Secretary)
to begin not later than 30 days after such guidance is issued.
Such claims shall be paid by such Secretary not later than 60
days after receipt. If such Secretary has not paid pursuant to
a claim filed under this subsection within 60 days after the date
of the filing of such claim, the claim shall be paid with interest
from such date determined by using the overpayment rate and
method under section 6621 of such Code.
shall apply to fuel sold or used after December 31, 2009.
Claims.
Deadline.
26 USC 6426
note.
Guidance.
Time period.
26 USC 6426
note.
SEC. 705. SPECIAL RULE FOR SALES OR DISPOSITIONS TO IMPLEMENT

FERC OR STATE ELECTRIC RESTRUCTURING POLICY FOR
QUALIFIED ELECTRIC UTILITIES.
(a) IN GENERAL.Paragraph (3) of section 451(i) is amended

shall apply to dispositions after December 31, 2009.
26 USC 451 note.
SEC. 706. SUSPENSION OF LIMITATION ON PERCENTAGE DEPLETION

FOR OIL AND GAS FROM MARGINAL WELLS.
(a) IN GENERAL.Clause (ii) of section 613A(c)(6)(H) is amended

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26 USC 613A
note.
SEC. 707. EXTENSION OF GRANTS FOR SPECIFIED ENERGY PROPERTY

IN LIEU OF TAX CREDITS.
26 USC 48 note.
(a) IN GENERAL.Subsection (a) of section 1603 of division

B of the American Recovery and Reinvestment Act of 2009 is
amended
(1) in paragraph (1), by striking 2009 or 2010 and
inserting 2009, 2010, or 2011, and
(2) in paragraph (2)
(A) by striking after 2010 and inserting after 2011,
and
(B) by striking 2009 or 2010 and inserting 2009,
2010, or 2011.
(b) CONFORMING AMENDMENT.Subsection (j) of section 1603
of division B of such Act is amended by striking 2011 and inserting
2012.
SEC. 708. EXTENSION OF PROVISIONS RELATED TO ALCOHOL USED
AS FUEL.
(a) EXTENSION OF INCOME TAX CREDIT FOR ALCOHOL USED

FUEL.
(1) IN GENERAL.Paragraph (1) of section 40(e) is
amended
(A) by striking December 31, 2010 in subparagraph
(A) and inserting December 31, 2011, and
(B) by striking January 1, 2011 in subparagraph
(B) and inserting January 1, 2012.
(2) REDUCED AMOUNT FOR ETHANOL BLENDERS.Subsection
(h) of section 40 is amended by striking 2010 both places
it appears and inserting 2011.
(3) EFFECTIVE DATE.The amendments made by this subsection shall apply to periods after December 31, 2010.
(b) EXTENSION OF EXCISE TAX CREDIT FOR ALCOHOL USED AS
FUEL.
(1) IN GENERAL.Paragraph (6) of section 6426(b) is
amended by striking December 31, 2010 and inserting
December 31, 2011.
(2) EFFECTIVE DATE.The amendment made by this subsection shall apply to periods after December 31, 2010.
(c) EXTENSION OF PAYMENT FOR ALCOHOL FUEL MIXTURE.
(1) IN GENERAL.Subparagraph (A) of section 6427(e)(6)
is amended by striking December 31, 2010 and inserting
December 31, 2011.
(2) EFFECTIVE DATE.The amendment made by this subsection shall apply to sales and uses after December 31, 2010.
(d) EXTENSION OF ADDITIONAL DUTIES ON ETHANOL.
(1) IN GENERAL.Headings 9901.00.50 and 9901.00.52 of
the Harmonized Tariff Schedule of the United States are each
amended in the effective period column by striking 1/1/2011
and inserting 1/1/2012.
(2) EFFECTIVE DATE.The amendments made by this subsection shall take effect on January 1, 2011.
AS
26 USC 40 note.
26 USC 6426
note.
26 USC 6427
note.
SEC. 709. ENERGY EFFICIENT APPLIANCE CREDIT.
(a) DISHWASHERS.Paragraph (1) of section 45M(b) is amended

by striking and at the end of subparagraph (A), by striking the
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period at the end of subparagraph (B) and inserting a comma,

and by adding at the end the following new subparagraphs:
(C) $25 in the case of a dishwasher which is manufactured in calendar year 2011 and which uses no more than
307 kilowatt hours per year and 5.0 gallons per cycle
(5.5 gallons per cycle for dishwashers designed for greater
than 12 place settings),
(D) $50 in the case of a dishwasher which is manufactured in calendar year 2011 and which uses no more than
295 kilowatt hours per year and 4.25 gallons per cycle
(4.75 gallons per cycle for dishwashers designed for greater
than 12 place settings), and
(E) $75 in the case of a dishwasher which is manufactured in calendar year 2011 and which uses no more than
280 kilowatt hours per year and 4 gallons per cycle (4.5
gallons per cycle for dishwashers designed for greater than
12 place settings)..
(b) CLOTHES WASHERS.Paragraph (2) of section 45M(b) is
amended by striking and at the end of subparagraph (C), by
striking the period at the end of subparagraph (D) and inserting
a comma, and by adding at the end the following new subparagraphs:
(E) $175 in the case of a top-loading clothes washer
manufactured in calendar year 2011 which meets or
exceeds a 2.2 modified energy factor and does not exceed
a 4.5 water consumption factor, and
(F) $225 in the case of a clothes washer manufactured
in calendar year 2011
(i) which is a top-loading clothes washer and
which meets or exceeds a 2.4 modified energy factor
and does not exceed a 4.2 water consumption factor,
or
(ii) which is a front-loading clothes washer and
which meets or exceeds a 2.8 modified energy factor
and does not exceed a 3.5 water consumption factor..
(c) REFRIGERATORS.Paragraph (3) of section 45M(b) is
amended by striking and at the end of subparagraph (C), by
striking the period at the end of subparagraph (D) and inserting
a comma, and by adding at the end the following new subparagraphs:
(E) $150 in the case of a refrigerator manufactured
in calendar year 2011 which consumes at least 30 percent
less energy than the 2001 energy conservation standards,
and
(F) $200 in the case of a refrigerator manufactured
in calendar year 2011 which consumes at least 35 percent
less energy than the 2001 energy conservation standards..
(d) REBASING OF LIMITATIONS.
(1) IN GENERAL.Paragraph (1) of section 45M(e) is
amended
(A) by striking $75,000,000 and inserting
$25,000,000, and
(B) by striking December 31, 2007 and inserting
December 31, 2010.
(2) EXCEPTION FOR CERTAIN REFRIGERATORS AND CLOTHES
WASHERS.Paragraph (2) of section 45M(e) is amended
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26 USC 45M.
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(A) by striking subsection (b)(3)(D) and inserting
subsection (b)(3)(F), and
(B) by striking subsection (b)(2)(D) and inserting
subsection (b)(2)(F).
(3) GROSS RECEIPTS LIMITATION.Paragraph (3) of section
45M(e) is amended by striking 2 percent and inserting 4
percent.
(1) IN GENERAL.The amendments made by subsections
(a), (b), and (c) shall apply to appliances produced after
December 31, 2010.
(2) LIMITATIONS.The amendments made by subsection
(d) shall apply to taxable years beginning after December 31,
2010.
26 USC 45M.
Applicability.
26 USC 45M
note.
SEC. 710. CREDIT FOR NONBUSINESS ENERGY PROPERTY.
(a) EXTENSION.Section 25C(g)(2) is amended by striking

2010 and inserting 2011.
(b) RETURN TO PRE-ARRA LIMITATIONS AND STANDARDS.
(1) IN GENERAL.Subsections (a) and (b) of section 25C
are amended to read as follows:
(a) ALLOWANCE OF CREDIT.In the case of an individual, there
shall be allowed as a credit against the tax imposed by this chapter
for the taxable year an amount equal to the sum of
(1) 10 percent of the amount paid or incurred by the
taxpayer for qualified energy efficiency improvements installed
during such taxable year, and
(2) the amount of the residential energy property expenditures paid or incurred by the taxpayer during such taxable
year.
(b) LIMITATIONS.
(1) LIFETIME LIMITATION.The credit allowed under this
section with respect to any taxpayer for any taxable year shall
not exceed the excess (if any) of $500 over the aggregate credits
allowed under this section with respect to such taxpayer for
all prior taxable years ending after December 31, 2005.
(2) WINDOWS.In the case of amounts paid or incurred
for components described in subsection (c)(2)(B) by any taxpayer
for any taxable year, the credit allowed under this section
with respect to such amounts for such year shall not exceed
the excess (if any) of $200 over the aggregate credits allowed
under this section with respect to such amounts for all prior
taxable years ending after December 31, 2005.
(3) LIMITATION ON RESIDENTIAL ENERGY PROPERTY
EXPENDITURES.The amount of the credit allowed under this
section by reason of subsection (a)(2) shall not exceed
(A) $50 for any advanced main air circulating fan,
(B) $150 for any qualified natural gas, propane, or
oil furnace or hot water boiler, and
(C) $300 for any item of energy-efficient building property..
(2) MODIFICATION OF STANDARDS.
(A) IN GENERAL.Paragraph (1) of section 25C(c) is
amended by striking 2000 and all that follows through
this section and inserting 2009 International Energy
Conservation Code, as such Code (including supplements)
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124 STAT. 3315
is in effect on the date of the enactment of the American

Recovery and Reinvestment Tax Act of 2009.
(B) WOOD STOVES.Subparagraph (E) of section
25C(d)(3) is amended by striking , as measured using
a lower heating value.
(C) OIL FURNACES AND HOT WATER BOILERS.
(i) IN GENERAL.Paragraph (4) of section 25C(d)
is amended to read as follows:
(4) QUALIFIED NATURAL GAS, PROPANE, OR OIL FURNACE
OR HOT WATER BOILER.The term qualified natural gas, propane, or oil furnace or hot water boiler means a natural gas,
propane, or oil furnace or hot water boiler which achieves
an annual fuel utilization efficiency rate of not less than 95..
(ii) CONFORMING AMENDMENT.Clause (ii) of section 25C(d)(2)(A) is amended to read as follows:
(ii) a qualified natural gas, propane, or oil furnace
or hot water boiler, or.
(D) EXTERIOR WINDOWS, DOORS, AND SKYLIGHTS.
(i) IN GENERAL.Subsection (c) of section 25C is
amended by striking paragraph (4).
(ii) APPLICATION OF ENERGY STAR STANDARDS.
Paragraph (1) of section 25C(c) is amended by inserting
an exterior window, a skylight, an exterior door, after
in the case of in the matter preceding subparagraph
(A).
(E) INSULATION.Subparagraph (A) of section 25C(c)(2)
is amended by striking and meets the prescriptive criteria
for such material or system established by the 2009 International Energy Conservation Code, as such Code
(including supplements) is in effect on the date of the
enactment of the American Recovery and Reinvestment
Tax Act of 2009.
(3) SUBSIDIZED ENERGY FINANCING.Subsection (e) of section 25C is amended by adding at the end the following new
paragraph:
(3) PROPERTY FINANCED BY SUBSIDIZED ENERGY
FINANCING.For purposes of determining the amount of
expenditures made by any individual with respect to any property, there shall not be taken into account expenditures which
are made from subsidized energy financing (as defined in section 48(a)(4)(C))..
shall apply to property placed in service after December 31, 2010.
26 USC 25C.
Definition.
26 USC 25C note.
SEC. 711. ALTERNATIVE FUEL VEHICLE REFUELING PROPERTY.
(a) EXTENSION OF CREDIT.Paragraph (2) of section 30C(g)

is amended by striking December 31, 2010 and inserting
December 31, 2011..
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26 USC 30C note.
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124 STAT. 3316
Subtitle BIndividual Tax Relief

SEC. 721. DEDUCTION FOR CERTAIN EXPENSES OF ELEMENTARY AND
SECONDARY SCHOOL TEACHERS.
26 USC 62.
26 USC 62 note.
(a) IN GENERAL.Subparagraph (D) of section 62(a)(2) is

amended by striking or 2009 and inserting 2009, 2010, or 2011.
SEC. 722. DEDUCTION OF STATE AND LOCAL SALES TAXES.
26 USC 164 note.
(a) IN GENERAL.Subparagraph (I) of section 164(b)(5) is

1, 2012.
SEC. 723. CONTRIBUTIONS OF CAPITAL GAIN REAL PROPERTY MADE
FOR CONSERVATION PURPOSES.
26 USC 170 note.
(a) IN GENERAL.Clause (vi) of section 170(b)(1)(E) is amended

(b) CONTRIBUTIONS BY CERTAIN CORPORATE FARMERS AND
RANCHERS.Clause (iii) of section 170(b)(2)(B) is amended by
striking December 31, 2009 and inserting December 31, 2011.
shall apply to contributions made in taxable years beginning after
December 31, 2009.
SEC. 724. ABOVE-THE-LINE DEDUCTION FOR QUALIFIED TUITION AND
RELATED EXPENSES.
26 USC 222 note.
(a) IN GENERAL.Subsection (e) of section 222 is amended

SEC. 725. TAX-FREE DISTRIBUTIONS FROM INDIVIDUAL RETIREMENT
PLANS FOR CHARITABLE PURPOSES.
26 USC 408 note.
(a) IN GENERAL.Subparagraph (F) of section 408(d)(8) is

amended by striking December 31, 2009 and inserting December
31, 2011.
(b) EFFECTIVE DATE; SPECIAL RULE.
(1) EFFECTIVE DATE.The amendment made by this section
shall apply to distributions made in taxable years beginning
(2) SPECIAL RULE.For purposes of subsections (a)(6),
(b)(3), and (d)(8) of section 408 of the Internal Revenue Code
of 1986, at the election of the taxpayer (at such time and
in such manner as prescribed by the Secretary of the Treasury)
any qualified charitable distribution made after December 31,
2010, and before February 1, 2011, shall be deemed to have
been made on December 31, 2010.
SEC. 726. LOOK-THRU OF CERTAIN REGULATED INVESTMENT COMPANY STOCK IN DETERMINING GROSS ESTATE OF NONRESIDENTS.
(a) IN GENERAL.Paragraph (3) of section 2105(d) is amended

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124 STAT. 3317

shall apply to estates of decedents dying after December 31, 2009.
26 USC 2105
note.
SEC. 727. PARITY FOR EXCLUSION FROM INCOME FOR EMPLOYERPROVIDED MASS TRANSIT AND PARKING BENEFITS.
(a) IN GENERAL.Paragraph (2) of section 132(f) is amended

shall apply to months after December 31, 2010.
26 USC 132.
26 USC 132 note.
SEC. 728. REFUNDS DISREGARDED IN THE ADMINISTRATION OF FEDERAL PROGRAMS AND FEDERALLY ASSISTED PROGRAMS.
(a) IN GENERAL.Subchapter A of chapter 65 is amended by

adding at the end the following new section:
SEC. 6409. REFUNDS DISREGARDED IN THE ADMINISTRATION OF FEDERAL PROGRAMS AND FEDERALLY ASSISTED PROGRAMS.
26 USC 6409.
(a) IN GENERAL.Notwithstanding any other provision of law,

any refund (or advance payment with respect to a refundable credit)
made to any individual under this title shall not be taken into
account as income, and shall not be taken into account as resources
for a period of 12 months from receipt, for purposes of determining
the eligibility of such individual (or any other individual) for benefits
or assistance (or the amount or extent of benefits or assistance)
under any Federal program or under any State or local program
financed in whole or in part with Federal funds.
(b) TERMINATION.Subsection (a) shall not apply to any
amount received after December 31, 2012..
(b) CLERICAL AMENDMENT.The table of sections for such subchapter is amended by adding at the end the following new item:
Sec. 6409. Refunds disregarded in the administration of Federal programs and
federally assisted programs..

shall apply to amounts received after December 31, 2009.
26 USC 6409
note.
Subtitle CBusiness Tax Relief

SEC. 731. RESEARCH CREDIT.
(a) IN GENERAL.Subparagraph (B) of section 41(h)(1) is

31, 2011.
(b) CONFORMING AMENDMENT.Subparagraph (D) of section
45C(b)(1) is amended by striking December 31, 2009 and inserting
December 31, 2011.
shall apply to amounts paid or incurred after December 31, 2009.
26 USC 41 note.
SEC. 732. INDIAN EMPLOYMENT TAX CREDIT.
(a) IN GENERAL.Subsection (f) of section 45A is amended

26 USC 45A note.
SEC. 733. NEW MARKETS TAX CREDIT.
(a) IN GENERAL.Paragraph (1) of section 45D(f) is amended

(1) by striking and at the end of subparagraph (E),
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124 STAT. 3318

(2) by striking the period at the end of subparagraph (F),
and
(3) by adding at the end the following new subparagraph:

(G) $3,500,000,000 for 2010 and 2011..
(b) CONFORMING AMENDMENT.Paragraph (3) of section 45D(f)
is amended by striking 2014 and inserting 2016.
shall apply to calendar years beginning after 2009.
26 USC 45D.
26 USC 45D
note.
SEC. 734. RAILROAD TRACK MAINTENANCE CREDIT.
(a) IN GENERAL.Subsection (f) of section 45G is amended

shall apply to expenditures paid or incurred in taxable years beginning after December 31, 2009.
26 USC 45G
note.
SEC. 735. MINE RESCUE TEAM TRAINING CREDIT.
(a) IN GENERAL.Subsection (e) of section 45N is amended

26 USC 45N
note.
SEC. 736. EMPLOYER WAGE CREDIT FOR EMPLOYEES WHO ARE ACTIVE
DUTY MEMBERS OF THE UNIFORMED SERVICES.
26 USC 45P note.
(a) IN GENERAL.Subsection (f) of section 45P is amended

shall apply to payments made after December 31, 2009.
SEC. 737. 15-YEAR STRAIGHT-LINE COST RECOVERY FOR QUALIFIED
LEASEHOLD IMPROVEMENTS, QUALIFIED RESTAURANT
BUILDINGS AND IMPROVEMENTS, AND QUALIFIED RETAIL
IMPROVEMENTS.
26 USC 168 note.
(a) IN GENERAL.Clauses (iv), (v), and (ix) of section

168(e)(3)(E) are each amended by striking January 1, 2010 and
inserting January 1, 2012.
(b) CONFORMING AMENDMENTS.
(1) Clause (i) of section 168(e)(7)(A) is amended by striking
if such building is placed in service after December 31, 2008,
and before January 1, 2010,.
(2) Paragraph (8) of section 168(e) is amended by striking
subparagraph (E).
(3) Section 179(f)(2) is amended
(A) by striking (without regard to the dates specified
in subparagraph (A)(i) thereof) in subparagraph (B), and
(B) by striking (without regard to subparagraph (E)
thereof) in subparagraph (C).
SEC. 738. 7-YEAR RECOVERY PERIOD FOR MOTORSPORTS ENTERTAINMENT COMPLEXES.
26 USC 168 note.
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(a) IN GENERAL.Subparagraph (D) of section 168(i)(15) is

31, 2011.
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124 STAT. 3319
SEC. 739. ACCELERATED DEPRECIATION FOR BUSINESS PROPERTY

ON AN INDIAN RESERVATION.
(a) IN GENERAL.Paragraph (8) of section 168(j) is amended

26 USC 168.
26 USC 168 note.
SEC. 740. ENHANCED CHARITABLE DEDUCTION FOR CONTRIBUTIONS

OF FOOD INVENTORY.
(a) IN GENERAL.Clause (iv) of section 170(e)(3)(C) is amended

shall apply to contributions made after December 31, 2009.
26 USC 170 note.
SEC. 741. ENHANCED CHARITABLE DEDUCTION FOR CONTRIBUTIONS

OF BOOK INVENTORIES TO PUBLIC SCHOOLS.
(a) IN GENERAL.Clause (iv) of section 170(e)(3)(D) is amended

shall apply to contributions made after December 31, 2009.
26 USC 170 note.
SEC. 742. ENHANCED CHARITABLE DEDUCTION FOR CORPORATE CONTRIBUTIONS OF COMPUTER INVENTORY FOR EDUCATIONAL PURPOSES.
(a) IN GENERAL.Subparagraph (G) of section 170(e)(6) is

31, 2011.
December 31, 2009.
26 USC 170 note.
SEC. 743. ELECTION TO EXPENSE MINE SAFETY EQUIPMENT.
(a) IN GENERAL.Subsection (g) of section 179E is amended

26 USC 179E
note.
SEC. 744. SPECIAL EXPENSING RULES FOR CERTAIN FILM AND TELEVISION PRODUCTIONS.
(a) IN GENERAL.Subsection (f) of section 181 is amended

shall apply to productions commencing after December 31, 2009.
26 USC 181 note.
SEC. 745. EXPENSING OF ENVIRONMENTAL REMEDIATION COSTS.
(a) IN GENERAL.Subsection (h) of section 198 is amended

shall apply to expenditures paid or incurred after December 31,
2009.
26 USC 198 note.
SEC. 746. DEDUCTION ALLOWABLE WITH RESPECT TO INCOME ATTRIBUTABLE TO DOMESTIC PRODUCTION ACTIVITIES IN
PUERTO RICO.
(a) IN GENERAL.Subparagraph (C) of section 199(d)(8) is

amended
(1) by striking first 4 taxable years and inserting first
6 taxable years; and
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124 STAT. 3320
26 USC 199 note.
(2) by striking January 1, 2010 and inserting January

1, 2012.
SEC. 747. MODIFICATION OF TAX TREATMENT OF CERTAIN PAYMENTS
TO CONTROLLING EXEMPT ORGANIZATIONS.
(a) IN GENERAL.Clause (iv) of section 512(b)(13)(E) is

31, 2011.
shall apply to payments received or accrued after December 31,
2009.
26 USC 512.
26 USC 512.
SEC. 748. TREATMENT OF CERTAIN DIVIDENDS OF REGULATED

INVESTMENT COMPANIES.
26 USC 871 note.
(a) IN GENERAL.Paragraphs (1)(C) and (2)(C) of section 871(k)

are each amended by striking December 31, 2009 and inserting
December 31, 2011.
SEC. 749. RIC QUALIFIED INVESTMENT ENTITY TREATMENT UNDER
FIRPTA.
26 USC 897 note.
(a) IN GENERAL.Clause (ii) of section 897(h)(4)(A) is amended

(b) EFFECTIVE DATE.
(1) IN GENERAL.The amendment made by subsection (a)
shall take effect on January 1, 2010. Notwithstanding the preceding sentence, such amendment shall not apply with respect
to the withholding requirement under section 1445 of the
Internal Revenue Code of 1986 for any payment made before
(2) AMOUNTS WITHHELD ON OR BEFORE DATE OF ENACTMENT.In the case of a regulated investment company
(A) which makes a distribution after December 31,
2009, and before the date of the enactment of this Act;
and
(B) which would (but for the second sentence of paragraph (1)) have been required to withhold with respect
to such distribution under section 1445 of such Code,
such investment company shall not be liable to any person
to whom such distribution was made for any amount so withheld and paid over to the Secretary of the Treasury.
SEC. 750. EXCEPTIONS FOR ACTIVE FINANCING INCOME.
26 USC 953 note.
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(a) IN GENERAL.Sections 953(e)(10) and 954(h)(9) are each

1, 2012.
(b) CONFORMING AMENDMENT.Section 953(e)(10) is amended
shall apply to taxable years of foreign corporations beginning after
December 31, 2009, and to taxable years of United States shareholders with or within which any such taxable year of such foreign
corporation ends.
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124 STAT. 3321
SEC. 751. LOOK-THRU TREATMENT OF PAYMENTS BETWEEN RELATED

CONTROLLED FOREIGN CORPORATIONS UNDER FOREIGN
PERSONAL HOLDING COMPANY RULES.
(a) IN GENERAL.Subparagraph (C) of section 954(c)(6) is

1, 2012.
shall apply to taxable years of foreign corporations beginning after
December 31, 2009, and to taxable years of United States shareholders with or within which any such taxable year of such foreign
corporation ends.
26 USC 954.
26 USC 954 note.
SEC. 752. BASIS ADJUSTMENT TO STOCK OF S CORPS MAKING CHARITABLE CONTRIBUTIONS OF PROPERTY.

December 31, 2009.
26 USC 1367
note.
SEC. 753. EMPOWERMENT ZONE TAX INCENTIVES.
(a) IN GENERAL.Section 1391 is amended

(1) by striking December 31, 2009 in subsection
(d)(1)(A)(i) and inserting December 31, 2011; and
(2) by striking the last sentence of subsection (h)(2).
(b) INCREASED EXCLUSION OF GAIN ON STOCK OF EMPOWERMENT
ZONE BUSINESSES.Subparagraph (C) of section 1202(a)(2) is
amended
(1) by striking December 31, 2014 and inserting
December 31, 2016; and
(2) by striking 2014 in the heading and inserting 2016.
(c) TREATMENT OF CERTAIN TERMINATION DATES SPECIFIED IN
NOMINATIONS.In the case of a designation of an empowerment
zone the nomination for which included a termination date which
is contemporaneous with the date specified in subparagraph (A)(i)
of section 1391(d)(1) of the Internal Revenue Code of 1986 (as
in effect before the enactment of this Act), subparagraph (B) of
such section shall not apply with respect to such designation if,
after the date of the enactment of this section, the entity which
made such nomination amends the nomination to provide for a
new termination date in such manner as the Secretary of the
Treasury (or the Secretarys designee) may provide.
shall apply to periods after December 31, 2009.
26 USC 1391
note.
26 USC 1202
note.
SEC. 754. TAX INCENTIVES FOR INVESTMENT IN THE DISTRICT OF

COLUMBIA.
(a) IN GENERAL.Subsection (f) of section 1400 is amended

by striking December 31, 2009 each place it appears and inserting
December 31, 2011.
(b) TAX-EXEMPT DC EMPOWERMENT ZONE BONDS.Subsection
(b) of section 1400A is amended by striking December 31, 2009
(c) ZERO-PERCENT CAPITAL GAINS RATE.
(1) ACQUISITION DATE.Paragraphs (2)(A)(i), (3)(A),
(4)(A)(i), and (4)(B)(i)(I) of section 1400B(b) are each amended
(2) LIMITATION ON PERIOD OF GAINS.
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124 STAT. 3322

26 USC 1400B.
Applicability.
26 USC 1400m.
(A) IN GENERAL.Paragraph (2) of section 1400B(e)

is amended
(i) by striking December 31, 2014 and inserting
December 31, 2016; and
(ii) by striking 2014 in the heading and inserting
2016.
(B) PARTNERSHIPS AND S-CORPS.Paragraph (2) of section 1400B(g) is amended by striking December 31, 2014
(d) FIRST-TIME HOMEBUYER CREDIT.Subsection (i) of section
1400C is amended by striking January 1, 2010 and inserting
January 1, 2012.
(1) IN GENERAL.Except as otherwise provided in this subsection, the amendments made by this section shall apply to
periods after December 31, 2009.
(2) TAX-EXEMPT DC EMPOWERMENT ZONE BONDS.The
amendment made by subsection (b) shall apply to bonds issued
(3) ACQUISITION DATES FOR ZERO-PERCENT CAPITAL GAINS
RATE.The amendments made by subsection (c) shall apply
to property acquired or substantially improved after December
31, 2009.
(4) HOMEBUYER CREDIT.The amendment made by subsection (d) shall apply to homes purchased after December
31, 2009.
SEC. 755. TEMPORARY INCREASE IN LIMIT ON COVER OVER OF RUM
EXCISE TAXES TO PUERTO RICO AND THE VIRGIN ISLANDS.
(a) IN GENERAL.Paragraph (1) of section 7652(f) is amended

shall apply to distilled spirits brought into the United States after
December 31, 2009.
26 USC 7652
note.
SEC. 756. AMERICAN SAMOA ECONOMIC DEVELOPMENT CREDIT.
(a) IN GENERAL.Subsection (d) of section 119 of division A

of the Tax Relief and Health Care Act of 2006 is amended
(1) by striking first 4 taxable years and inserting first
6 taxable years, and
1, 2012.
26 USC 30A.
26 USC 30A.
SEC. 757. WORK OPPORTUNITY CREDIT.
26 USC 51 note.
(a) IN GENERAL.Subparagraph (B) of section 51(c)(4) is

amended by striking August 31, 2011 and inserting December
31, 2011.
shall apply to individuals who begin work for the employer after
SEC. 758. QUALIFIED ZONE ACADEMY BONDS.
(a) IN GENERAL.Section 54E(c)(1) is amended

(1) by striking 2008 and and inserting 2008,, and
(2) by inserting and $400,000,000 for 2011 after 2010,.
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124 STAT. 3323
(b) REPEAL OF REFUNDABLE CREDIT FOR QZABS.Paragraph

(3) of section 6431(f) is amended by inserting determined without
regard to any allocation relating to the national zone academy
bond limitation for 2011 or any carryforward of such allocation
after 54E) in subparagraph (A)(iii).
shall apply to obligations issued after December 31, 2010.
26 USC 6431.
26 USC 54E.
SEC. 759. MORTGAGE INSURANCE PREMIUMS.
(a) IN GENERAL.Clause (iv) of section 163(h)(3)(E) is amended

shall apply to amounts paid or accrued after December 31, 2010.
26 USC 163 note.
SEC. 760. TEMPORARY EXCLUSION OF 100 PERCENT OF GAIN ON CERTAIN SMALL BUSINESS STOCK.

1, 2012, and
(2) by inserting AND 2011 after 2010 in the heading
thereof.
shall apply to stock acquired after December 31, 2010.
26 USC 1202
note.
Subtitle DTemporary Disaster Relief

Provisions
PART
Subpart ANew York Liberty Zone
SEC. 761. TAX-EXEMPT BOND FINANCING.
(a) IN GENERAL.Subparagraph (D) of section 1400L(d)(2) is

1, 2012.
shall apply to bonds issued after December 31, 2009.
26 USC 1400L
note.
Subpart BGO Zone

SEC. 762. INCREASE IN REHABILITATION CREDIT.
(a) IN GENERAL.Subsection (h) of section 1400N is amended

shall apply to amounts paid or incurred after December 31, 2009.
26 USC 1400N
note.
SEC. 763. LOW-INCOME HOUSING CREDIT RULES FOR BUILDINGS IN

GO ZONES.
Section 1400N(c)(5) is amended by striking January 1, 2011

and inserting January 1, 2012.
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124 STAT. 3324
SEC. 764. TAX-EXEMPT BOND FINANCING.

26 USC 1400N.
(a) IN GENERAL.Paragraphs (2)(D) and (7)(C) of section

1400N(a) are each amended by striking January 1, 2011 and
inserting January 1, 2012.
(b) CONFORMING AMENDMENTS.Sections 702(d)(1) and 704(a)
of the Heartland Disaster Tax Relief Act of 2008 are each amended
by striking January 1, 2011 each place it appears and inserting
January 1, 2012.
SEC. 765. BONUS DEPRECIATION DEDUCTION APPLICABLE TO THE
GO ZONE.
26 USC 1400N.
(a) IN GENERAL.Paragraph (6) of section 1400N(d) is

amended
(1) by striking December 31, 2010 both places it appears
in subparagraph (B) and inserting December 31, 2011, and
(2) by striking January 1, 2010 in the heading and the
text of subparagraph (D) and inserting January 1, 2012.
TITLE VIIIBUDGETARY PROVISIONS

SEC. 801. DETERMINATION OF BUDGETARY EFFECTS.
The budgetary effects of this Act, for the purpose of complying

with the Statutory Pay-As-You-Go Act of 2010, shall be determined
by reference to the latest statement titled Budgetary Effects of
PAYGO Legislation for this Act, jointly submitted for printing
in the Congressional Record by the Chairmen of the House and
Senate Budget Committees, provided that such statement has been
submitted prior to the vote on passage in the House acting first
on this conference report or amendment between the Houses.
SEC. 802. EMERGENCY DESIGNATIONS.
(a) STATUTORY PAYGO.This Act is designated as an emergency

requirement pursuant to section 4(g) of the Statutory Pay-As-YouGo Act of 2010 (Public Law 111139; 2 U.S.C. 933(g)) except to
the extent that the budgetary effects of this Act are determined
to be subject to the current policy adjustments under sections
4(c) and 7 of the Statutory Pay-As-You-Go Act.
(b) SENATE.In the Senate, this Act is designated as an emergency requirement pursuant to section 403(a) of S. Con. Res. 13
(111th Congress), the concurrent resolution on the budget for fiscal
year 2010.
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124 STAT. 3325
(c) HOUSE OF REPRESENTATIVES.In the House of Representatives, every provision of this Act is expressly designated as an
emergency for purposes of pay-as-you-go principles except to the
extent that any such provision is subject to the current policy
adjustments under section 4(c) of the Statutory Pay-As-You-Go
Act of 2010.
Approved December 17, 2010.
LEGISLATIVE HISTORYH.R. 4853:

CONGRESSIONAL RECORD, Vol. 156 (2010):
Mar. 17, considered and passed House.
Sept. 23, considered and passed Senate, amended.
Dec. 2, House concurred in Senate amendment with an amendment. Senate
considered concurring in House amendment with an amendment.
Dec. 4, 9, 1315, Senate considered and concurred in House amendment with
an amendment.
Dec. 16, House concurred in Senate amendment.
DAILY COMPILATION OF PRESIDENTIAL DOCUMENTS (2010):
Dec. 18, Presidential remarks.
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