06302010 legislative text of reid, baucus substitute amendment to american jobs and closing tax...

8/9/2019 06302010 Legislative Text of Reid, Baucus Substitute Amendment to American Jobs and Closing Tax Loopholes Act t

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MCG10428 S.L.C.

AMENDMENT NO.llll Calendar No.lll

Purpose: In the nature of a substitute.

IN THE SENATE OF THE UNITED STATES111th Cong., 2d Sess.

H. R. 4213

To amend the Internal Revenue Code of 1986 to extendcertain expiring provisions, and for other purposes.

Referred to the Committee on llllllllllandordered to be printed

Ordered to lie on the table and to be printed

AMENDMENT IN THE N ATURE OF ASUBSTITUTE intendedto be proposed by Mr. REID

Viz:

In lieu of the matter proposed to be inserted, insert1

the following:2

SECTION 1. SHORT TITLE.3

This Act may be cited as the Unemployment Com-4

pensation Extension Act of 2010.5

SEC. 2. EXTENSION OF UNEMPLOYMENT INSURANCE PRO-6

VISIONS.7

(a) IN GENERAL.(1) Section 4007 of the Supple-8

mental Appropriations Act, 2008 (Public Law 110252;9

26 U.S.C. 3304 note) is amended10


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(A) by striking June 2, 2010 each place it1

appears and inserting November 30, 2010;2

(B) in the heading for subsection (b)(2), by3

striking JUNE 2, 2010 and inserting NOVEMBER4

30, 2010; and5

(C) in subsection (b)(3), by striking November6

6, 2010 and inserting April 30, 2011.7

(2) Section 2005 of the Assistance for Unemployed8

Workers and Struggling Families Act, as contained in9

Public Law 1115 (26 U.S.C. 3304 note; 123 Stat. 444),10

is amended11

(A) by striking June 2, 2010 each place it12

appears and inserting December 1, 2010; and13

(B) in subsection (c), by striking November 6,14

2010 and inserting May 1, 2011.15

(3) Section 5 of the Unemployment Compensation16

Extension Act of 2008 (Public Law 110449; 26 U.S.C.17

3304 note) is amended by striking November 6, 201018

and inserting April 30, 2011.19

(b) FUNDING.Section 4004(e)(1) of the Supple-20

mental Appropriations Act, 2008 (Public Law 110252;21

26 U.S.C. 3304 note) is amended22

(1) in subparagraph (D), by striking and at23

the end; and24


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MCG10428 S.L.C.

(2) by inserting after subparagraph (E) the fol-1

lowing:2

(F) the amendments made by section3

2(a)(1) of the Unemployment Compensation4

Extension Act of 2010; and.5

(c) CONDITIONS FOR RECEIVING EMERGENCY UNEM-6

PLOYMENT COMPENSATION.Section 4001(d)(2) of the7

Supplemental Appropriations Act, 2008 (Public Law 1108

252; 26 U.S.C. 3304 note) is amended, in the matter pre-9

ceding subparagraph (A), by inserting before shall10

apply the following: (including terms and conditions re-11

lating to availability for work, active search for work, and12

refusal to accept work).13

(d) EFFECTIVE DATE.The amendments made by14

this section shall take effect as if included in the enact-15

ment of the Continuing Extension Act of 2010 (Public16

Law 111157).17

SEC. 3. COORDINATION OF EMERGENCY UNEMPLOYMENT18

COMPENSATION WITH REGULAR COMPENSA-19

TION.20

(a) CERTAIN INDIVIDUALS NOT INELIGIBLE BY REA-21

SON OF NEW ENTITLEMENT TO REGULAR BENEFITS.22

Section 4002 of the Supplemental Appropriations Act,23

2008 (Public Law 110252; 26 U.S.C. 3304 note) is24

amended by adding at the end the following:25


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MCG10428 S.L.C.

(g) COORDINATION OF EMERGENCY UNEMPLOY-1

MENT COMPENSATION WITH REGULAR COMPENSA-2

TION.3

(1) If4

(A) an individual has been determined to5

be entitled to emergency unemployment com-6

pensation with respect to a benefit year,7

(B) that benefit year has expired,8

(C) that individual has remaining entitle-9

ment to emergency unemployment compensa-10

tion with respect to that benefit year, and11

(D) that individual would qualify for a12

new benefit year in which the weekly benefit13

amount of regular compensation is at least ei-14

ther $100 or 25 percent less than the individ-15

uals weekly benefit amount in the benefit year16

referred to in subparagraph (A),17

then the State shall determine eligibility for com-18

pensation as provided in paragraph (2).19

(2) For individuals described in paragraph (1),20

the State shall determine whether the individual is21

to be paid emergency unemployment compensation22

or regular compensation for a week of unemploy-23

ment using one of the following methods:24


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(A) The State shall, if permitted by State1

law, establish a new benefit year, but defer the2

payment of regular compensation with respect3

to that new benefit year until exhaustion of all4

emergency unemployment compensation payable5

with respect to the benefit year referred to in6

paragraph (1)(A);7

(B) The State shall, if permitted by State8

law, defer the establishment of a new benefit9

year (which uses all the wages and employment10

which would have been used to establish a ben-11

efit year but for the application of this para-12

graph), until exhaustion of all emergency unem-13

ployment compensation payable with respect to14

the benefit year referred to in paragraph(1)(A);15

(C) The State shall pay, if permitted by16

State law17

(i) regular compensation equal to the18

weekly benefit amount established under19

the new benefit year, and20

(ii) emergency unemployment com-21

pensation equal to the difference between22

that weekly benefit amount and the weekly23

benefit amount for the expired benefit24

year; or25


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(D) The State shall determine rights to1

emergency unemployment compensation without2

regard to any rights to regular compensation if3

the individual elects to not file a claim for reg-4

ular compensation under the new benefit year..5

(b) EFFECTIVE DATE.The amendment made by6

this section shall apply to individuals whose benefit years,7

as described in section 4002(g)(1)(B) the Supplemental8

Appropriations Act, 2008 (Public Law 110252; 269

U.S.C. 3304 note), as amended by this section, expire10

after the date of enactment of this Act.11

SEC. 4. REQUIRING STATES TO NOT REDUCE REGULAR12

COMPENSATION IN ORDER TO BE ELIGIBLE13

FOR FUNDS UNDER THE EMERGENCY UNEM-14

PLOYMENT COMPENSATION PROGRAM.15

Section 4001 of the Supplemental Appropriations16

Act, 2008 (Public Law 110252; 26 U.S.C. 3304 note)17

is amended by adding at the end the following new sub-18

section:19

(g) NONREDUCTION RULE.An agreement under20

this section shall not apply (or shall cease to apply) with21

respect to a State upon a determination by the Secretary22

that the method governing the computation of regular23

compensation under the State law of that State has been24

modified in a manner such that25


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MCG10428 S.L.C.

(1) the average weekly benefit amount of reg-1

ular compensation which will be payable during the2

period of the agreement occurring on or after June3

2, 2010 (determined disregarding any additional4

amounts attributable to the modification described5

in section 2002(b)(1) of the Assistance for Unem-6

ployed Workers and Struggling Families Act, as con-7

tained in Public Law 1115 (26 U.S.C. 3304 note;8

123 Stat. 438)), will be less than9

(2) the average weekly benefit amount of reg-10

ular compensation which would otherwise have been11

payable during such period under the State law, as12

in effect on June 2, 2010..13

SEC. 5. EXTENSION OF HOMEBUYER CREDIT FOR CERTAIN14

PURCHASES PURSUANT TO BINDING CON-15

TRACTS.16

(a) IN GENERAL.Paragraph (2) of section 36(h) of17

the Internal Revenue Code of 1986 is amended by striking18

paragraph (1) shall be applied by substituting July 1,19

2010 and inserting and who purchases such residence20

before October 1, 2010, paragraph (1) shall be applied by21

substituting October 1, 2010 .22

(b) CONFORMING AMENDMENT.Subparagraph (B)23

of section 36(h)(3) of the Internal Revenue Code of 198624


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MCG10428 S.L.C.

is amended by inserting and for October 1, 2010 after1

for July 1, 2010 .2

(c) EFFECTIVE DATE.The amendments made by3

this section shall apply to residences purchased after June4

30, 2010.5

SEC. 6. AMENDMENT OF TRAVEL PROMOTION ACT OF 2009.6

(a) TRAVEL PROMOTION FUND FEES.Section7

217(h)(3)(B) of the Immigration and Nationality Act (88

U.S.C. 1187(h)(3)(B)) is amended9

(1) by striking subsection (d) of section 11 of10

the Travel Promotion Act of 2009. in clause (ii)11

and inserting subsection (d) of the Travel Pro-12

motion Act of 2009 (22 U.S.C. 2131(d)).; and13

(2) by striking September 30, 2014. in clause14

(iii) and inserting September 30, 2015..15

(b) IMPLEMENTATION BEGINNING IN FISCAL YEAR16

2011.Subsection (d) of the Travel Promotion Act of17

2009 (22 U.S.C. 2131(d)) is amended18

(1) by striking For fiscal year 2010, the in19

paragraph (2)(A) and inserting The;20

(2) by striking quarterly, beginning on Janu-21

ary 1, 2010, in paragraph (2)(A) and inserting22

monthly, immediately following the collection of23

fees under section 217(h)(3)(B)(i)(I) of the Immi-24


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MCG10428 S.L.C.

gration and Nationality Act (8 U.S.C.1

1187(h)(3)(B)(i)(I),;2

(3) by striking fiscal years 2011 through3

2014, in paragraph (2)(B) and inserting fiscal4

years 2012 through 2015,;5

(4) by striking fiscal year 2010, in paragraph6

(3)(A) and inserting fiscal year 2011,;7

(5) by striking fiscal year 2011, each place it8

appears in paragraph (3)(A) and inserting fiscal9

year 2012,; and10

(6) by striking fiscal year 2010, 2011, 2012,11

2013, or 2014 in paragraph (4)(B) and inserting12

fiscal year 2011, 2012, 2013, 2014, or 2015.13

SEC. 7. DISCLOSURE OF PRISONER RETURN INFORMATION14

TO STATE PRISONS.15

(a) IN GENERAL.Subparagraph (A) of section16

6103(k)(10) of the Internal Revenue Code of 1986 is17

amended18

(1) by inserting and the head of any State19

agency charged with the responsibility for adminis-20

tration of prisons after the head of the Federal21

Bureau of Prisons, and22

(2) by striking Federal prison and inserting23

Federal or State prison.24


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(b) RESTRICTION ON REDISCLOSURE.Subpara-1

graph (B) of section 6103(k)(10) of such Code is amend-2

ed3

(1) by inserting and the head of any State4

agency charged with the responsibility for adminis-5

tration of prisons after the head of the Federal6

Bureau of Prisons, and7

(2) by inserting or agency after such Bu-8

reau.9

(c) RECORDKEEPING.Paragraph (4) of section10

6103(p) of such Code is amended by inserting (k)(10),11

before (l)(6), in the matter preceding subparagraph (A).12

(d) CLERICAL AMENDMENT.The heading of para-13

graph (10) of section 6103(k) of such Code is amended14

by striking OF PRISONERS TO FEDERAL BUREAU OF15

PRISONS and inserting TO CERTAIN PRISON OFFICIALS.16

(e) EFFECTIVE DATE.The amendments made by17

this section shall apply to disclosures made after the date18

of the enactment of this Act.19

SEC. 8. RESCISSIONS.20

Of the funds appropriated in Department of Defense21

Appropriations Acts, the following funds are hereby re-22

scinded from the following accounts and programs in the23

specified amounts:24

25


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MCG10428 S.L.C.

Research, Development, Test and Evalua-1

tion, Army, 2009/2010, $20,000,000.2


tion, Air Force, 2009/2010, $39,000,000.4


tion, Defense-Wide, 2009/2010, $35,000,000.6

SEC. 9. TIME FOR PAYMENT OF CORPORATE ESTIMATED7

TAXES.8

(a) SHIFT FROM 2015 TO 2014.The percentage9

under paragraph (1) of section 202(b) of the Corporate10

Estimated Tax Shift Act of 2009 in effect on the date11

of the enactment of this Act is increased by 0.25 percent-12

age points.13

(b) SHIFT FROM 2016 TO 2015.The percentage14

under paragraph (2) of section 561 of the Hiring Incen-15

tives to Restore Employment Act in effect on the date of16

the enactment of this Act is increased by 0.25 percentage17

points.18

SEC. 10. BUDGETARY PROVISIONS.19

(a) STATUTORY PAYGO.The budgetary effects of20

this Act, for the purpose of complying with the Statutory21

Pay-As-You-Go Act of 2010, shall be determined by ref-22

erence to the latest statement titled Budgetary Effects23

of PAYGO Legislation for this Act, jointly submitted for24

printing in the Congressional Record by the Chairmen of25


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the House and Senate Budget Committees, provided that1

such statement has been submitted prior to the vote on2

passage in the House acting first on this conference report3

or amendment between the Houses.4

(b) EMERGENCY DESIGNATIONS.Sections 2 and5

36

(1) are designated as an emergency require-7

ment pursuant to section 4(g) of the Statutory Pay-8

As-You-Go Act of 2010 (Public Law 111139; 29

U.S.C. 933(g));10

(2) in the House of Representatives, are des-11

ignated as an emergency for purposes of pay-as-you-12

go principles; and13

(3) in the Senate, are designated as an emer-14

gency requirement pursuant to section 403(a) of S.15

Con. Res. 13 (111th Congress), the concurrent reso-16

lution on the budget for fiscal year 2010.17


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MCG10428 S.L.C.

Amend the title so as to read: To extend unemploy-

ment insurance benefits, to amend the Internal Revenue

Code of 1986 to extend the time for closing on a prin-

cipal residence eligible for the first-time homebuyer cred-

it, and for other purposes..

06302010 legislative text of reid, baucus substitute amendment to american jobs and closing tax...

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