US Laws - Affordable Health Care Act (HR3950F)
TITLE IX--REVENUE PROVISIONS
Subtitle B--Other Provisions

Subtitle B--Other Provisions (11784)(1-click HTML)

SEC. 9021. EXCLUSION OF HEALTH BENEFITS PROVIDED BY INDIAN TRIBAL GOVERNMENTS. (11785)(1-click HTML)

(a) In General- Part III of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 139C the following new section: (11786)

SEC. 139D. INDIAN HEALTH CARE BENEFITS. (11787)

"(a) General Rule- Except as otherwise provided in this section, gross income does not include the value of any qualified Indian health care benefit. (11788)

"(b) Qualified Indian Health Care Benefit- For purposes of this section, the term "qualified Indian health care benefit" means-- (11789)

"(1) any health service or benefit provided or purchased, directly or indirectly, by the Indian Health Service through a grant to or a contract or compact with an Indian tribe or tribal organization, or through a third-party program funded by the Indian Health Service, (11790)

"(2) medical care provided or purchased by, or amounts to reimburse for such medical care provided by, an Indian tribe or tribal organization for, or to, a member of an Indian tribe, including a spouse or dependent of such a member, (11791)

"(3) coverage under accident or health insurance (or an arrangement having the effect of accident or health insurance), or an accident or health plan, provided by an Indian tribe or tribal organization for medical care to a member of an Indian tribe, include a spouse or dependent of such a member, and (11792)

"(4) any other medical care provided by an Indian tribe or tribal organization that supplements, replaces, or substitutes for a program or service relating to medical care provided by the Federal government to Indian tribes or members of such a tribe. (11793)

"(c) Definitions- For purposes of this section-- (11794)

"(1) INDIAN TRIBE- The term "Indian tribe" has the meaning given such term by section 45A(c)(6). (11795)

"(2) TRIBAL ORGANIZATION- The term "tribal organization" has the meaning given such term by section 4(l) of the Indian Self-Determination and Education Assistance Act. (11796)

"(3) MEDICAL CARE- The term "medical care" has the same meaning as when used in section 213. (11797)

"(4) ACCIDENT OR HEALTH INSURANCE; ACCIDENT OR HEALTH PLAN- The terms "accident or health insurance" and "accident or health plan" have the same meaning as when used in section 105. (11798)

"(5) DEPENDENT- The term "dependent" has the meaning given such term by section 152, determined without regard to subsections (b)(1), (b)(2), and (d)(1)(B) thereof. (11799)

"(d) Denial of Double Benefit- Subsection (a) shall not apply to the amount of any qualified Indian health care benefit which is not includible in gross income of the beneficiary of such benefit under any other provision of this chapter, or to the amount of any such benefit for which a deduction is allowed to such beneficiary under any other provision of this chapter.". (11800)

(b) Clerical Amendment- The table of sections for part III of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to section 139C the following new item: (11801)

"Sec. 139D. Indian health care benefits.". (11802)

(c) Effective Date- The amendments made by this section shall apply to benefits and coverage provided after the date of the enactment of this Act. (11803)

(d) No Inference- Nothing in the amendments made by this section shall be construed to create an inference with respect to the exclusion from gross income of-- (11804)

(1) benefits provided by an Indian tribe or tribal organization that are not within the scope of this section, and (11805)

(2) benefits provided prior to the date of the enactment of this Act. (11806)

SEC. 9022. ESTABLISHMENT OF SIMPLE CAFETERIA PLANS FOR SMALL BUSINESSES. (11807)(1-click HTML)

(a) In General- Section 125 of the Internal Revenue Code of 1986 (relating to cafeteria plans), as amended by this Act, is amended by redesignating subsections (j) and (k) as subsections (k) and (l), respectively, and by inserting after subsection (i) the following new subsection: (11808)

"(j) Simple Cafeteria Plans for Small Businesses- (11809)

"(1) IN GENERAL- An eligible employer maintaining a simple cafeteria plan with respect to which the requirements of this subsection are met for any year shall be treated as meeting any applicable nondiscrimination requirement during such year. (11810)

"(2) SIMPLE CAFETERIA PLAN- For purposes of this subsection, the term "simple cafeteria plan" means a cafeteria plan-- (11811)

"(A) which is established and maintained by an eligible employer, and (11812)

"(B) with respect to which the contribution requirements of paragraph (3), and the eligibility and participation requirements of paragraph (4), are met. (11813)

"(3) CONTRIBUTION REQUIREMENTS- (11814)

"(A) IN GENERAL- The requirements of this paragraph are met if, under the plan the employer is required, without regard to whether a qualified employee makes any salary reduction contribution, to make a contribution to provide qualified benefits under the plan on behalf of each qualified employee in an amount equal to-- (11815)

"(i) a uniform percentage (not less than 2 percent) of the employee"s compensation for the plan year, or (11816)

"(ii) an amount which is not less than the lesser of-- (11817)

"(I) 6 percent of the employee"s compensation for the plan year, or (11818)

"(II) twice the amount of the salary reduction contributions of each qualified employee. (11819)

"(B) MATCHING CONTRIBUTIONS ON BEHALF OF HIGHLY COMPENSATED AND KEY EMPLOYEES- The requirements of subparagraph (A)(ii) shall not be treated as met if, under the plan, the rate of contributions with respect to any salary reduction contribution of a highly compensated or key employee at any rate of contribution is greater than that with respect to an employee who is not a highly compensated or key employee. (11820)

"(C) ADDITIONAL CONTRIBUTIONS- Subject to subparagraph (B), nothing in this paragraph shall be treated as prohibiting an employer from making contributions to provide qualified benefits under the plan in addition to contributions required under subparagraph (A). (11821)

"(D) DEFINITIONS- For purposes of this paragraph-- (11822)

"(i) SALARY REDUCTION CONTRIBUTION- The term "salary reduction contribution" means, with respect to a cafeteria plan, any amount which is contributed to the plan at the election of the employee and which is not includible in gross income by reason of this section. (11823)

"(ii) QUALIFIED EMPLOYEE- The term "qualified employee" means, with respect to a cafeteria plan, any employee who is not a highly compensated or key employee and who is eligible to participate in the plan. (11824)

"(iii) HIGHLY COMPENSATED EMPLOYEE- The term "highly compensated employee" has the meaning given such term by section 414(q). (11825)

"(iv) KEY EMPLOYEE- The term "key employee" has the meaning given such term by section 416(i). (11826)

"(4) MINIMUM ELIGIBILITY AND PARTICIPATION REQUIREMENTS- (11827)

"(A) IN GENERAL- The requirements of this paragraph shall be treated as met with respect to any year if, under the plan-- (11828)

"(i) all employees who had at least 1,000 hours of service for the preceding plan year are eligible to participate, and (11829)

"(ii) each employee eligible to participate in the plan may, subject to terms and conditions applicable to all participants, elect any benefit available under the plan. (11830)

"(B) CERTAIN EMPLOYEES MAY BE EXCLUDED- For purposes of subparagraph (A)(i), an employer may elect to exclude under the plan employees-- (11831)

"(i) who have not attained the age of 21 before the close of a plan year, (11832)

"(ii) who have less than 1 year of service with the employer as of any day during the plan year, (11833)

"(iii) who are covered under an agreement which the Secretary of Labor finds to be a collective bargaining agreement if there is evidence that the benefits covered under the cafeteria plan were the subject of good faith bargaining between employee representatives and the employer, or (11834)

"(iv) who are described in section 410(b)(3)(C) (relating to nonresident aliens working outside the United States). (11835)

A plan may provide a shorter period of service or younger age for purposes of clause (i) or (ii). (11836)

"(5) ELIGIBLE EMPLOYER- For purposes of this subsection-- (11837)

"(A) IN GENERAL- The term "eligible employer" means, with respect to any year, any employer if such employer employed an average of 100 or fewer employees on business days during either of the 2 preceding years. For purposes of this subparagraph, a year may only be taken into account if the employer was in existence throughout the year. (11838)

"(B) EMPLOYERS NOT IN EXISTENCE DURING PRECEDING YEAR- If an employer was not in existence throughout the preceding year, the determination under subparagraph (A) shall be based on the average number of employees that it is reasonably expected such employer will employ on business days in the current year. (11839)

"(C) GROWING EMPLOYERS RETAIN TREATMENT AS SMALL EMPLOYER- (11840)

"(i) IN GENERAL- If-- (11841)

"(I) an employer was an eligible employer for any year (a "qualified year"), and (11842)

"(II) such employer establishes a simple cafeteria plan for its employees for such year, (11843)

then, notwithstanding the fact the employer fails to meet the requirements of subparagraph (A) for any subsequent year, such employer shall be treated as an eligible employer for such subsequent year with respect to employees (whether or not employees during a qualified year) of any trade or business which was covered by the plan during any qualified year. (11844)

"(ii) EXCEPTION- This subparagraph shall cease to apply if the employer employs an average of 200 or more employees on business days during any year preceding any such subsequent year. (11845)

"(D) SPECIAL RULES- (11846)

"(i) PREDECESSORS- Any reference in this paragraph to an employer shall include a reference to any predecessor of such employer. (11847)

"(ii) AGGREGATION RULES- All persons treated as a single employer under subsection (a) or (b) of section 52, or subsection (n) or (o) of section 414, shall be treated as one person. (11848)

"(6) APPLICABLE NONDISCRIMINATION REQUIREMENT- For purposes of this subsection, the term "applicable nondiscrimination requirement" means any requirement under subsection (b) of this section, section 79(d), section 105(h), or paragraph (2), (3), (4), or (8) of section 129(d). (11849)

"(7) COMPENSATION- The term "compensation" has the meaning given such term by section 414(s).". (11850)

(b) Effective Date- The amendments made by this section shall apply to years beginning after December 31, 2010. (11851)

SEC. 9023. QUALIFYING THERAPEUTIC DISCOVERY PROJECT CREDIT. (11852)(1-click HTML)

(a) In General- Subpart E of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 48C the following new section: (11853)

SEC. 48D. QUALIFYING THERAPEUTIC DISCOVERY PROJECT CREDIT. (11854)

"(a) In General- For purposes of section 46, the qualifying therapeutic discovery project credit for any taxable year is an amount equal to 50 percent of the qualified investment for such taxable year with respect to any qualifying therapeutic discovery project of an eligible taxpayer. (11855)

"(b) Qualified Investment- (11856)

"(1) IN GENERAL- For purposes of subsection (a), the qualified investment for any taxable year is the aggregate amount of the costs paid or incurred in such taxable year for expenses necessary for and directly related to the conduct of a qualifying therapeutic discovery project. (11857)

"(2) LIMITATION- The amount which is treated as qualified investment for all taxable years with respect to any qualifying therapeutic discovery project shall not exceed the amount certified by the Secretary as eligible for the credit under this section. (11858)

"(3) EXCLUSIONS- The qualified investment for any taxable year with respect to any qualifying therapeutic discovery project shall not take into account any cost-- (11859)

"(A) for remuneration for an employee described in section 162(m)(3), (11860)

"(B) for interest expenses, (11861)

"(C) for facility maintenance expenses, (11862)

"(D) which is identified as a service cost under section 1.263A-1(e)(4) of title 26, Code of Federal Regulations, or (11863)

"(E) for any other expense as determined by the Secretary as appropriate to carry out the purposes of this section. (11864)

"(4) CERTAIN PROGRESS EXPENDITURE RULES MADE APPLICABLE- In the case of costs described in paragraph (1) that are paid for property of a character subject to an allowance for depreciation, rules similar to the rules of subsections (c)(4) and (d) of section 46 (as in effect on the day before the date of the enactment of the Revenue Reconciliation Act of 1990) shall apply for purposes of this section. (11865)

"(5) APPLICATION OF SUBSECTION- An investment shall be considered a qualified investment under this subsection only if such investment is made in a taxable year beginning in 2009 or 2010. (11866)

"(c) Definitions- (11867)

"(1) QUALIFYING THERAPEUTIC DISCOVERY PROJECT- The term "qualifying therapeutic discovery project" means a project which is designed-- (11868)

"(A) to treat or prevent diseases or conditions by conducting pre-clinical activities, clinical trials, and clinical studies, or carrying out research protocols, for the purpose of securing approval of a product under section 505(b) of the Federal Food, Drug, and Cosmetic Act or section 351(a) of the Public Health Service Act, (11869)

"(B) to diagnose diseases or conditions or to determine molecular factors related to diseases or conditions by developing molecular diagnostics to guide therapeutic decisions, or (11870)

"(C) to develop a product, process, or technology to further the delivery or administration of therapeutics. (11871)

"(2) ELIGIBLE TAXPAYER- (11872)

"(A) IN GENERAL- The term "eligible taxpayer" means a taxpayer which employs not more than 250 employees in all businesses of the taxpayer at the time of the submission of the application under subsection (d)(2). (11873)

"(B) AGGREGATION RULES- All persons treated as a single employer under subsection (a) or (b) of section 52, or subsection (m) or (o) of section 414, shall be so treated for purposes of this paragraph. (11874)

"(3) FACILITY MAINTENANCE EXPENSES- The term "facility maintenance expenses" means costs paid or incurred to maintain a facility, including-- (11875)

"(A) mortgage or rent payments, (11876)

"(B) insurance payments, (11877)

"(C) utility and maintenance costs, and (11878)

"(D) costs of employment of maintenance personnel. (11879)

"(d) Qualifying Therapeutic Discovery Project Program- (11880)

"(1) ESTABLISHMENT- (11881)

"(A) IN GENERAL- Not later than 60 days after the date of the enactment of this section, the Secretary, in consultation with the Secretary of Health and Human Services, shall establish a qualifying therapeutic discovery project program to consider and award certifications for qualified investments eligible for credits under this section to qualifying therapeutic discovery project sponsors. (11882)

"(B) LIMITATION- The total amount of credits that may be allocated under the program shall not exceed $1,000,000,000 for the 2-year period beginning with 2009. (11883)

"(2) CERTIFICATION- (11884)

"(A) APPLICATION PERIOD- Each applicant for certification under this paragraph shall submit an application containing such information as the Secretary may require during the period beginning on the date the Secretary establishes the program under paragraph (1). (11885)

"(B) TIME FOR REVIEW OF APPLICATIONS- The Secretary shall take action to approve or deny any application under subparagraph (A) within 30 days of the submission of such application. (11886)

"(C) MULTI-YEAR APPLICATIONS- An application for certification under subparagraph (A) may include a request for an allocation of credits for more than 1 of the years described in paragraph (1)(B). (11887)

"(3) SELECTION CRITERIA- In determining the qualifying therapeutic discovery projects with respect to which qualified investments may be certified under this section, the Secretary-- (11888)

"(A) shall take into consideration only those projects that show reasonable potential-- (11889)

"(i) to result in new therapies-- (11890)

"(I) to treat areas of unmet medical need, or (11891)

"(II) to prevent, detect, or treat chronic or acute diseases and conditions, (11892)

"(ii) to reduce long-term health care costs in the United States, or (11893)

"(iii) to significantly advance the goal of curing cancer within the 30-year period beginning on the date the Secretary establishes the program under paragraph (1), and (11894)

"(B) shall take into consideration which projects have the greatest potential-- (11895)

"(i) to create and sustain (directly or indirectly) high quality, high-paying jobs in the United States, and (11896)

"(ii) to advance United States competitiveness in the fields of life, biological, and medical sciences. (11897)

"(4) DISCLOSURE OF ALLOCATIONS- The Secretary shall, upon making a certification under this subsection, publicly disclose the identity of the applicant and the amount of the credit with respect to such applicant. (11898)

"(e) Special Rules- (11899)

"(1) BASIS ADJUSTMENT- For purposes of this subtitle, if a credit is allowed under this section for an expenditure related to property of a character subject to an allowance for depreciation, the basis of such property shall be reduced by the amount of such credit. (11900)

"(2) DENIAL OF DOUBLE BENEFIT- (11901)

"(A) BONUS DEPRECIATION- A credit shall not be allowed under this section for any investment for which bonus depreciation is allowed under section 168(k), 1400L(b)(1), or 1400N(d)(1). (11902)

"(B) DEDUCTIONS- No deduction under this subtitle shall be allowed for the portion of the expenses otherwise allowable as a deduction taken into account in determining the credit under this section for the taxable year which is equal to the amount of the credit determined for such taxable year under subsection (a) attributable to such portion. This subparagraph shall not apply to expenses related to property of a character subject to an allowance for depreciation the basis of which is reduced under paragraph (1), or which are described in section 280C(g). (11903)

"(C) CREDIT FOR RESEARCH ACTIVITIES- (11904)

"(i) IN GENERAL- Except as provided in clause (ii), any expenses taken into account under this section for a taxable year shall not be taken into account for purposes of determining the credit allowable under section 41 or 45C for such taxable year. (11905)

"(ii) EXPENSES INCLUDED IN DETERMINING BASE PERIOD RESEARCH EXPENSES- Any expenses for any taxable year which are qualified research expenses (within the meaning of section 41(b)) shall be taken into account in determining base period research expenses for purposes of applying section 41 to subsequent taxable years. (11906)

"(f) Coordination With Department of Treasury Grants- In the case of any investment with respect to which the Secretary makes a grant under section 9023(e) of the Patient Protection and Affordable Care Act of 2009-- (11907)

"(1) DENIAL OF CREDIT- No credit shall be determined under this section with respect to such investment for the taxable year in which such grant is made or any subsequent taxable year. (11908)

"(2) RECAPTURE OF CREDITS FOR PROGRESS EXPENDITURES MADE BEFORE GRANT- If a credit was determined under this section with respect to such investment for any taxable year ending before such grant is made-- (11909)

"(A) the tax imposed under subtitle A on the taxpayer for the taxable year in which such grant is made shall be increased by so much of such credit as was allowed under section 38, (11910)

"(B) the general business carryforwards under section 39 shall be adjusted so as to recapture the portion of such credit which was not so allowed, and (11911)

"(C) the amount of such grant shall be determined without regard to any reduction in the basis of any property of a character subject to an allowance for depreciation by reason of such credit. (11912)

"(3) TREATMENT OF GRANTS- Any such grant shall not be includible in the gross income of the taxpayer.". (11913)

(b) Inclusion as Part of Investment Credit- Section 46 of the Internal Revenue Code of 1986 is amended-- (11914)

(1) by adding a comma at the end of paragraph (2), (11915)

(2) by striking the period at the end of paragraph (5) and inserting ", and", and (11916)

(3) by adding at the end the following new paragraph: (11917)

"(6) the qualifying therapeutic discovery project credit.". (11918)

(c) Conforming Amendments- (11919)

(1) Section 49(a)(1)(C) of the Internal Revenue Code of 1986 is amended-- (11920)

(A) by striking "and" at the end of clause (iv), (11921)

(B) by striking the period at the end of clause (v) and inserting ", and", and (11922)

(C) by adding at the end the following new clause: (11923)

"(vi) the basis of any property to which paragraph (1) of section 48D(e) applies which is part of a qualifying therapeutic discovery project under such section 48D.". (11924)

(2) Section 280C of such Code is amended by adding at the end the following new subsection: (11925)

"(g) Qualifying Therapeutic Discovery Project Credit- (11926)

"(1) IN GENERAL- No deduction shall be allowed for that portion of the qualified investment (as defined in section 48D(b)) otherwise allowable as a deduction for the taxable year which-- (11927)

"(A) would be qualified research expenses (as defined in section 41(b)), basic research expenses (as defined in section 41(e)(2)), or qualified clinical testing expenses (as defined in section 45C(b)) if the credit under section 41 or section 45C were allowed with respect to such expenses for such taxable year, and (11928)

"(B) is equal to the amount of the credit determined for such taxable year under section 48D(a), reduced by-- (11929)

"(i) the amount disallowed as a deduction by reason of section 48D(e)(2)(B), and (11930)

"(ii) the amount of any basis reduction under section 48D(e)(1). (11931)

"(2) SIMILAR RULE WHERE TAXPAYER CAPITALIZES RATHER THAN DEDUCTS EXPENSES- In the case of expenses described in paragraph (1)(A) taken into account in determining the credit under section 48D for the taxable year, if-- (11932)

"(A) the amount of the portion of the credit determined under such section with respect to such expenses, exceeds (11933)

"(B) the amount allowable as a deduction for such taxable year for such expenses (determined without regard to paragraph (1)), (11934)

the amount chargeable to capital account for the taxable year for such expenses shall be reduced by the amount of such excess. (11935)

"(3) CONTROLLED GROUPS- Paragraph (3) of subsection (b) shall apply for purposes of this subsection.". (11936)

(d) Clerical Amendment- The table of sections for subpart E of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to section 48C the following new item: (11937)

"Sec. 48D. Qualifying therapeutic discovery project credit.". (11938)

(e) Grants for Qualified Investments in Therapeutic Discovery Projects in Lieu of Tax Credits- (11939)

(1) IN GENERAL- Upon application, the Secretary of the Treasury shall, subject to the requirements of this subsection, provide a grant to each person who makes a qualified investment in a qualifying therapeutic discovery project in the amount of 50 percent of such investment. No grant shall be made under this subsection with respect to any investment unless such investment is made during a taxable year beginning in 2009 or 2010. (11940)

(2) APPLICATION- (11941)

(A) IN GENERAL- At the stated election of the applicant, an application for certification under section 48D(d)(2) of the Internal Revenue Code of 1986 for a credit under such section for the taxable year of the applicant which begins in 2009 shall be considered to be an application for a grant under paragraph (1) for such taxable year. (11942)

(B) TAXABLE YEARS BEGINNING IN 2010- An application for a grant under paragraph (1) for a taxable year beginning in 2010 shall be submitted-- (11943)

(i) not earlier than the day after the last day of such taxable year, and (11944)

(ii) not later than the due date (including extensions) for filing the return of tax for such taxable year. (11945)

(C) INFORMATION TO BE SUBMITTED- An application for a grant under paragraph (1) shall include such information and be in such form as the Secretary may require to state the amount of the credit allowable (but for the receipt of a grant under this subsection) under section 48D for the taxable year for the qualified investment with respect to which such application is made. (11946)

(3) TIME FOR PAYMENT OF GRANT- (11947)

(A) IN GENERAL- The Secretary of the Treasury shall make payment of the amount of any grant under paragraph (1) during the 30-day period beginning on the later of-- (11948)

(i) the date of the application for such grant, or (11949)

(ii) the date the qualified investment for which the grant is being made is made. (11950)

(B) REGULATIONS- In the case of investments of an ongoing nature, the Secretary shall issue regulations to determine the date on which a qualified investment shall be deemed to have been made for purposes of this paragraph. (11951)

(4) QUALIFIED INVESTMENT- For purposes of this subsection, the term "qualified investment" means a qualified investment that is certified under section 48D(d) of the Internal Revenue Code of 1986 for purposes of the credit under such section 48D. (11952)

(5) APPLICATION OF CERTAIN RULES- (11953)

(A) IN GENERAL- In making grants under this subsection, the Secretary of the Treasury shall apply rules similar to the rules of section 50 of the Internal Revenue Code of 1986. In applying such rules, any increase in tax under chapter 1 of such Code by reason of an investment ceasing to be a qualified investment shall be imposed on the person to whom the grant was made. (11954)

(B) SPECIAL RULES- (11955)

(i) RECAPTURE OF EXCESSIVE GRANT AMOUNTS- If the amount of a grant made under this subsection exceeds the amount allowable as a grant under this subsection, such excess shall be recaptured under subparagraph (A) as if the investment to which such excess portion of the grant relates had ceased to be a qualified investment immediately after such grant was made. (11956)

(ii) GRANT INFORMATION NOT TREATED AS RETURN INFORMATION- In no event shall the amount of a grant made under paragraph (1), the identity of the person to whom such grant was made, or a description of the investment with respect to which such grant was made be treated as return information for purposes of section 6103 of the Internal Revenue Code of 1986. (11957)

(6) EXCEPTION FOR CERTAIN NON-TAXPAYERS- The Secretary of the Treasury shall not make any grant under this subsection to-- (11958)

(A) any Federal, State, or local government (or any political subdivision, agency, or instrumentality thereof), (11959)

(B) any organization described in section 501(c) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code, (11960)

(C) any entity referred to in paragraph (4) of section 54(j) of such Code, or (11961)

(D) any partnership or other pass-thru entity any partner (or other holder of an equity or profits interest) of which is described in subparagraph (A), (B) or (C). (11962)

In the case of a partnership or other pass-thru entity described in subparagraph (D), partners and other holders of any equity or profits interest shall provide to such partnership or entity such information as the Secretary of the Treasury may require to carry out the purposes of this paragraph. (11963)

(7) SECRETARY- Any reference in this subsection to the Secretary of the Treasury shall be treated as including the Secretary"s delegate. (11964)

(8) OTHER TERMS- Any term used in this subsection which is also used in section 48D of the Internal Revenue Code of 1986 shall have the same meaning for purposes of this subsection as when used in such section. (11965)

(9) DENIAL OF DOUBLE BENEFIT- No credit shall be allowed under section 46(6) of the Internal Revenue Code of 1986 by reason of section 48D of such Code for any investment for which a grant is awarded under this subsection. (11966)

(10) APPROPRIATIONS- There is hereby appropriated to the Secretary of the Treasury such sums as may be necessary to carry out this subsection. (11967)

(11) TERMINATION- The Secretary of the Treasury shall not make any grant to any person under this subsection unless the application of such person for such grant is received before January 1, 2013. (11968)

(12) PROTECTING MIDDLE CLASS FAMILIES FROM TAX INCREASES- It is the sense of the Senate that the Senate should reject any procedural maneuver that would raise taxes on middle class families, such as a motion to commit the pending legislation to the Committee on Finance, which is designed to kill legislation that provides tax cuts for American workers and families, including the affordability tax credit and the small business tax credit. (11969)

(f) Effective Date- The amendments made by subsections (a) through (d) of this section shall apply to amounts paid or incurred after December 31, 2008, in taxable years beginning after such date. (11970)

  

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