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1975/12/23 HR9968 Revenue Adjustment Act of 1975
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1975/12/23 HR9968 Revenue Adjustment Act of 1975
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The original documents are located in Box 36, folder "12/23/75 HR9968 Revenue Adjustment Act of 1975" of the White House Records Office: Legislation Case Files at the Gerald R. Ford Presidential Library. Copyright Notice The copyright law of the United States (Title 17, United States Code) governs the making of photocopies or other reproductions of copyrighted material. Gerald R. Ford donated to the United States of America his copyrights in all of his unpublished writings in National Archives collections. Works prepared by U.S. Government employees as part of their official duties are in the public domain. The copyrights to materials written by other individuals or organizations are presumed to remain with them. If you think any of the information displayed in the PDF is subject to a valid copyright claim, please contact the Gerald R. Ford Presidential Library. Exact duplicates within this folder were not digitized. APPROVED/5/5 DEC 23 THE WHITE HOUSE WASHINGTON December 22, 1975 Colorado posted 12/23 in MR PRESIDENT: Jo archine Jo Attached for your consideration is H.R. 9968, 10/24 the revised tax bill passed by the Congress after your veto of the earlier bill. Because of your announced intention to sign the bill, the usual enrolled bill memorandum has not been prepared. Jim Connor Digitized from Box 36 of the White House Records Office Legislation Case Files at the Gerald R. Ford Presidential Library 94TH CONGRESS HOUSE OF REPRESENTATIVES REPORT 1st Session No. 94-531 TAX EXEMPT STATUS OF OBLIGATIONS USED TO PROVIDE CERTAIN IRRIGATION FACILITIES OCTOBER 3, 1975.-Committed to the Committee of the Whole House on the State of the Union and ordered to be printed Mr. ULLMAN, from the Committee on Ways and Means, submitted the following REPORT [To accompany H.R. 9968] The Committee on Ways and Means, to whom was referred the bill (H.R. 9968) to amend section 103 of the Internal Revenue Code of 1954 with respect to certain obligations used to provide irrigation facilities, having considered the same, report favorably thereon with- out amendment and recommend that the bill do pass. I. SUMMARY The bill, H.R. 9968, deals with the tax-exempt status of obligations the proceeds of which are to be used to reconstruct the American Falls Dam in Idaho. The dam is used for irrigation purposes but the water also has a subordinate use in generating electric energy. Under present law, an industrial development bond whose proceeds are used to build a dam that stores water for irrigation purposes may be eligible for tax-exempt status. However, in this case where the water has a sub- ordinate use in generating electric energy, the eligibility of the bond issue for tax-exempt status is uncertain. The American Falls Dam is under the supervision of the Bureau of Reclamation of the Department of Interior and has been restricted to two-thirds of its capacity because of certain structural defects. The Federal Government might well eventually appropriate the funds to reconstruct the dam. However, the American Falls Reservoir District is undertaking the reconstruction project now in order to make the dam fully operational. In addition, the Idaho Power Company is as- sisting the financing of the project and is to use the water for electric energy generation. It is the interrelationships of the use of the dam for furnishing water for irrigation purposes and the use of the water for electric energy that raises questions with the interpretation of the pres- ent exceptions to industrial development bond treatment. In view of 57-006 2 3 the special circumstances in this case, your committee believes it is ap- propriate to except the obligations for the reconstruction of the Ameri- 1.7 million acre foot capacity in 1972 by the Bureau of Reclamation of can Falls Dam from industrial development bond treatment which the, Department of the Interior for safety reasons because of exces- would allow these obligations to receive tax-exempt status. sive pressures on the dam which were caused by an alkali-aggregate reaction and deterioration in the concrete. PRESENT LAW Legislation was enacted on December 28, 1973, to permit replace- ment and rehabilitation of the American Falls dam by the American Present law provides that interest on obligations of State and local Falls Reservoir District, which is a political subdivision of the State governments generally is exempt from Federal income tax. In 1968 of Idaho. Replacement of the existing dam by the American Falls tax-exempt status was withdrawn from industrial development bonds Reservoir District is an action to be taken in lieu of waiting for a which State and local governments were using to finance and attract Federal appropriation that would enable the Bureau of Reclamation private industrial development within their jurisdictions. to build the replacement dam. Industrial development bonds are generally considered to be State The Act of December 28, 1973, also provides that upon completion or local obligations, a major portion of the proceeds of which are to of construction the United States shall take title to the dam as a feature be used in, and repaid by, a taxable trade or business. Such bonds are of the Minidoka Project, located in the upper Snake River basin, Idaho. normally issued to acquire a facility for private business in which the As the constructing agent, the American Falls Reservoir District beneficial ownership of the facility remains in the private trade or was authorized to contract with an electric utility for the use of the business, although (in order to secure repayment of the bonds) legal falling water at the dam for hydroelectric power generation. Revenues title normally remains with the State or local unit issuing the from such a contract will help defer the costs of constructing the dam. obligations. Prior to the adoption of the Act of December 28, 1973, the Idaho Power When the industrial development bond limitation was enacted, ex- Company, which is a spaceholder in the reservoir and which owns. ceptions were provided for certain small issues (sec. (6)) and and operates a powerplant below the existing dam, expressed interest for certain specified public activities (sec. 103'(c) (4)) in which cases in the execution of a falling water contract. Subsequent to the adop- tax-exempt status was continued. As initially enacted, one of the pub- tion of the Act, the District, as the constructing agency, entered into lic activities for which an exemption was provided (sec. 108 (c) (4) negotiations with the Secretary of the Interior, the Idaho Power Com- (E)) was "sewage or solid waste disposal facilities or facilities for the pany and the other water users for the preparation of various contracts local furnishing of electric energy, gas or water." including a contract for the use of falling water. In 1971, Congress amended the exception in subparagraph (E) to It was intended that in normal circumstances, substantially all of delete "water" and added the present law subpaingraph (G) which the falling water would be made available to the Power Company only extends the exception to "facilities for the furnishing of water, if when water was released from the dam for irrigation purposes. There available on reasonable demand to members of the general public." has been no intention to release water specifically for use by the Idaho- As a result, in those cases where obligations are issued for facilities Power Company to generate electricity, except for 45,000 acre-feet for the furnishing of water which meet the exception (under sec. (2.65 percent of the storage capacity) whose release the power com- 103 (c) (4) (G)) but where the water is also used to generate electric- pany can schedule for the purpose of generating electric energy. Thus, ity, it is uncertain as to whether the obligations would qualify for the use of water for electric energy would be subordinated to the use exempt status unless the use of the electric energy meets the "local" of the water for irrigation. furnishing test (under sec. 103 (c) (4) (E) which has been interpreted Although the Federal Government might well eventually completely to cover an area of two contiguous counties. finance the reconstruction of the American Falls Dam, the American Falls Reservoir District is undertaking the reconstruction now in order REASONS FOR THE BILL to make the dam fully operational for the spaceholders (rather than the present restricted two-thirds capacity). If it were not for the use The American Falls Reservoir District applied to the Internal of the water by the Idaho Power Company for hydroelectric power Revenue Service in June 1974 for a ruling that bonds to be issued to generation, any bonds issued by the Reservoir District would presently finance the replacement and rehabilitation of the American Falls qualify for tax-exempt status. In this case the Idaho Power Company Dam would qualify as a tax-exempt issue under section 103 (c) (4) (G). has a limited spaceholder right (under 3 percent) and is financing a The Internal Revenue Service, however, had questions of interpreta- large portion of the debt to assist the reconstruction of the dam and tion with respect to the interrelationship of the exceptions for fa- has use of the falling water for its hydroelectric power generation pur- citities for furnishing of water and the local furnishing of electric poses. In addition, since the dam is to be turned over the the Federal energy and their application to the specific facts of this case. The com- Government after its reconstruction for ownership and operation, in mittee reviewed the facts involved, as described below, and believed effect, this financing can ve viewed as saving the Federal Government it is appropriate to specifically except the bond issue in this case as a the expenditure it would have had to make to reconstruct the dam sev- result of the special circumstances. eral years in the future. In view of these special circumstances, your The original American Falls dam was constructed in 1927 by the committee believes it is appropriate to extend tax-exempt status to the Bureau of Reclamation. The dam was restricted to two-thirds of its bonds to be issued to finance the reconstruction of the dam. H.R. 531 H.R. 531 1 5 EXPLANATION OF THE BILL V. CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED Your committee's bill adds a new exception to industrial develop- In compliance with clause 3 of Rule XIII of the Rules of the House ment bond treatment to specifically allow tax-exempt status for the of Representatives, changes in existing law made by the bill, as re- bonds issued to reconstruct the American Falls Dam. This exception ported, are shown as follows (existing law proposed to be omitted is is to apply to obligations for a dam which furnishes water for irri- enclosed in black brackets, new matter is printed in italic, existing law gation purposes which has a subordinate use in connection with the in which no change is proposed is shown in roman) generation of electric energy by water if substantially all of the stored water is contractually available for release from the dam INTERNAL REVENUE CODE OF 1954 for irrigation purposes and if the water released is available on rea- sonable demand for members of the general public. The committee intends that subordinate use of water for generating Chapter 1-Normal Taxes and Surtaxes electric energy means that less than 10 percent of the normal supply of stored water may contractually be scheduled for release by the power company and used for generating electric energy. "Normal" refers to conditions that generally prevail in the service area of this Subchapter B-Computation of Taxable Income reservoir, and it is recognized that unusually wet or dry weather can cause a significant distortion in the 2.65 percent of water contractually scheduled for release to be used for generating electric energy. The Part III-Items Specifically Excluded From Gross Income committee intends that such unusual circumstances not be guiding in determining the subordinate use of water. In addition, "normal" use does not include a temporary increase in water released for the Sec. 103. Interest on Certain Governmental Obligations. power company following contractual default by a spaceholder and (a) GENERAL RULE.-Gross income does not include interest on- his water share being made available to other spaceholders under the (1) the obligations of a State, a Territory, or a possession of the terms of the contract for the construction and operation of the dam United States, or any political subdivision of any of the fore- and its facilities. going, or of the District of Columbia; Thus, the provision applies the requirements of subsection (c) (4) (2) the obligations of the United States; or (G) where substantially all of the stored water (under normal (3) the obligations of a corporation organized under Act of weather and climatic conditions) is available for release to be used Congress, if such corporation is an instrumentality of the United for irrigation in the American Falls Reservoir District. The require- States and if under the respective Acts authorizing the issue of ment that the released water be available on reasonable demand to the obligations the interest is wholly exempt from the taxes im- members of the general public is retained in the new subsection (e). posed by this subtitle. The committee understands that the American Falls project con- (b) EXCEPTION.-Subsection (a) (2) shall not apply to interest on forms with this requirement. obligations of the United States issued after September 1, 1917 (other Your committee's bill is to apply to obligations issued after the than postal savings certificates of deposit, to the extent they represent date of the enactment of this Act. deposits made before March 1, 1941), unless under the respective Acts authorizing the issuance thereof such interest is wholly exempt from IV. EFFECT ON THE REVENUES OF THE BILL AND VOTE OF THE the taxes imposed by this subtitle. COMMITTEE IN REPORTING THE BILL (c) INDUSTRIAL DEVELOPMENT BONDS.- (1) SUBSECTION (a) (1) NOT TO APPLY.-Except as otherwise In compliance with clause 7 of Rule XIII of the Rules of the House provided in this subsection, any industrial development bond shall of Representatives, the following statement is made relative to the be treated as an obligation not described in subsection (a) (1). effect on the revenues of this bill. Your committee believes that the (2) INDUSTRIAL DEVELOPMENT BOND.-For purposes of this sub- changes made by this bill will result in an annual revenue loss of about section, the term "industrial development bond" means any $1 million in each of the five fiscal years following the current fiscal obligation- year. No revenue loss is expected in the current fiscal year. The Treas- (A) which is issued as part of an issue all or a major por- ury Department agrees with this statement. tion of the proceeds of which are to be used directly or indi- In compliance with clause 2(1) (2) (B) of Rule XI of the Rules rectly in any trade or business carried on by any person who of the House of Representatives, the following statement is made rela- is not an exempt person (within the meaning of paragraph tive to the vote by the committee on the motion to report the bill. The bill was ordered reported by a unanimous voice vote. (3)), and H.R. 531 H.R. 531 r. 6 7 (B) the payment of the principal or interest on which are or will be used primarily with respect to facilities (under the terms of such obligation or any underlying ar- located in the same incorporated municipality or located rangement) is, in whole or in major part- in the same county (but not in any incorporated mu- (i) secured by any interest in property used or to be nicipality), used in a trade or business or in payments in respect of (ii) the principal user of such facilities is or will be such property, or the same person or two or more related persons, and (ii) to be derived from payments in respect of prop- (iii) but for this subparagraph, subparagraph (A) erty, or borrowed money, used or to be used in a trade would apply to each such issue, or business. then, for purposes of subparagraph (A), in determining the (3) EXEMPT PERSON.-For purposes of paragraph (2) (A), the aggregate face amount of any later issue there shall be taken term "exempt person" means— into account the face amount of obligations issued under all (A) a governmental unit, or prior such issues and outstanding at the time of such later (B) an organization described in section 501 (c) (3) and issue (not including as outstanding any obligation which is exempt from tax under section 501 (a) (but only with respect to be redeemed from the proceeds of the later issue). to a trade or business carried on by such organization which : (C) RELATED PERSONS.-For purposes of this paragraph is not an unrelated trade or business, determined by applying and paragraph (7), a person is a related person to another section 513 (a) to such organization). person if- (4) CERTAIN EXEMPT ACTIVITIES.-Paragraph (1) shall not (i) the relationship between such persons would result apply to any obligation which is issued as part of an issue sub- in a disallowance of losses under section 267 or 707(b), or stantially all of the proceeds of which are to be used to provide- (ii) such persons are members of the same controlled (A) residential real property for family units, group of corporations (as defined in section 1563 (a), ex- (B) sports facilities, cept that "more than 50 percent" shall be substituted for (C) convention or trade show facilities, "at least 80 percent" each place it appears therein). (D) airports, docks, wharves, mass commuting facilities, (D) $5,000,000 LIMIT IN CERTAIN CASES.-At the election of parking facilities, or storage or training facilities directly the issuer, made at such time and in such manner as the Sec- related to any of the foregoing, retary or his delegate shall by regulations prescribe, with (E) sewage or solid waste disposal facilities or facilities respect to any issue this paragraph shall be applied- for the local furnishing of electric energy or gas, (i) by substituting "$5,000,000" for "$1,000,000" in sub- (F) air or water pollution control facilities, or paragraph (A), and (G) facilities for the furnishing of water, if available on (ii) in determining the aggregate face amount of such reasonable demand to members of the general public. issue, by taking into account not only the amount de- (5) INDUSTRIAL PARKS.-Paragraph (1) shall not apply to any scribed in subparagraph (B), but also the aggregate obligation issued as part of an issue substantially all of the pro- amount of capital expenditures with respect to facilities ceeds of which are to be used for the acquisition or development described in subparagraph (E) paid or incurred during of land as the site for an industrial park. For purposes of the the 6-year period beginning 3 years before the date of preceding sentence, the term "development of land" includes the such issue and ending 3 years after such date (and provision of water, sewage, drainage, or similar facilities, or of financed otherwise than out of the proceeds of outstand- transportation, power, or communication facilities, which are ing issues to which subparagraph (A) applied), as if the incidental to use of the site as an industrial park, but, except with aggregate amount of such capital expenditures consti- respect to such facilities, does not include the provision of struc- tuted the face amount of a prior outstanding issue de- tures or buildings. scribed in subparagraph (B). (6) EXEMPTION FOR CERTAIN SMALL ISSUES.- (E) FACILITIES TAKEN INTO ACCOUNT.-For purposes of sub- (A) IN GENERAL.-Paragraph (1) shall not apply to any paragraph (D) (ii), the facilities described in this subpara- obligation issued as part of an issue the aggregate authorized graph are facilities- face amount of which is $1,000,000 or less and substantially (i) located in the same incorporated municipality or all of the proceeds of which are to be used (i) for the acqui- located in the same county (but not in any incorporated sition, construction, reconstruction, or improvement of land municipality), and or property of a character subject to the allowance for de- (ii) the principal user of which is or will be the same preciation, or (ii) to redeem part or all of a prior issue which person or two or more related persons. was issued for purposes described in clause (i) or this clause. For purposes of clause (i), the determination of whether or (B) CERTAIN PRIOR ISSUES TAKEN INTO ACCOUNT.-If- not facilities are located in the same governmental unit shall (i) the proceeds of two or more issues of obligations be made as of the date of issue of the issue in question. (whether or not the issuer of each such issue is the same) H.R. 531 H.R. 531 8 9 (F) CERTAIN CAPITAL EXPENDITURES NOT TAKEN INTO AC- (B) to replace funds which were used directly or indirectly COUNT.-For purposes of subparagraph (D) (ii), any capital to acquire securities or obligations described in subparagraph expenditure- (A). (i) to replace property destroyed or damaged by fire, (8) ENCEPTION.-Paragraph (1) shall not apply to any obli- storm, or other casualty, to the extent of the fair market gation- value of the property replaced, (A) which is issued as part of an issue substantially all of (ii) required by a change made after the date of issue the proceeds of which are reasonably expected to be used to of the issue in question in a Federal or State law or local provide permanent financing for real property used or to be ordinance of general application or requíred by a change used for residential purposes for the personnel of an educa- made after such date in rules and regulations of general tional institution (within the meaning of section 151 (e) (4)) application issued under such a law or ordinance, or which grants baccalaureate or higher degrees, or to replace (iii) required by circumstances which could not be funds which were so used, and reasonably froeseen on such date of issue or arising out (B) the yield on which over the term of the issue is not of a mistake of law or fact (but the aggregate amount of reasonably expected, at the time of issuance of such issue, expenditures not taken into account under this clause to be substantially lower than the yield on obligations ac- with respect to any issue shall not exceed $1,000,000), quired or to be acquired in providing such financing. shall not be taken into account. This paragraph shall not apply with respect to any obligation for (G) LIMITATION ON LOSS OF TAX EXEMPTION.-In applying any period during which it is held by a person who is a substantial subparagraph (D) (ii) with respect to capital expenditures user of property financed by the proceeds of the issue of which made after the date of any issue, no obligation issued as a part such obligation is a part, or by a member of the family (within of such issue shall be treated as an obligation not described in the meaning of section 318(a) (1)) of any such person. subsection (a) (1) by reason of any such expenditure for any (4) SPECIAL RULES.-For purposes of paragraph (1), an obliga- period before the date on which such expenditure is paid or tion shall not be treated as an arbitrage bond solely by reason of incurred. the fact that- (H) CERTAIN REFINANCING ISSUEs.-In the case of any (A) the proceeds of the issue of which such obligation is issue described in subparagraph (A) (ii), an election may be a part may be invested for a temporary period in securities made under subparagraph (D) only if all of the prior issues or other obligations until such proceeds are needed for the being redeemed are issues to which subparagraph (A) applies. purpose for which such issue was issued, or In applying subparagraph (D) (ii) with respect to such a re- (B) an amount of the proceeds of the issue of which such financing issue, capital expenditures shall be taken into ac- obligation is a part may be invested in securities or other ob- count only for purposes of determining whether the prior ligations which are part of a reasonably required reserve or issues being redeemed qualified (and would have continued replacement fund. to qualify) under subparagraph (A). The amount referred to in subparagraph (B) shall not exceed 15 (7) EXCEPTION.-Paragraphs (4), (5), and (6) shall not apply percent of the proceeds of the issue of which such obligation is a with respect to any obligation for any period during which it is part unless the issuer establishes that a higher amount is held by a person who is a substantial user of the facilities or a necessary. related person. (5) REGULATIONS.-The Secretary or his delegate shall pre- (d) ARBITRAGE BONDS,- scribe such regulations as may be necessary to carry out the pur- (1) SUBSECTION (a) (1) NOT TO APPLY.-Except as provided in poses of this subsection. this subsection, any arbitrage bond shall be treated as an obliga- (e) CERTAIN IRRIGATION DAMS.-A dam for the furnishing of water tion not described in subsection (a) (1). for irrigation purposes which has a subordinate use in connection with (2) ARBITRAGE BOND,-For purposes of this subsection, the term the generation of electric energy by water shall be treated as meeting "arbitrage bond" means any obligation which is issued as part of the requirements of subsection (c) (4) (G) if an issue all or a major portion of the proceeds of which are reason- (1) substantially all of the stored water is contractually avail- ably expected to be used directly or indirectly- able for release from such dam for irrigation purposes, and (A) to acquire securities (within the meaning of section (2) the water 80 released is available on reasonable demand to 165 (g) (2) (A) or (B)) or obligations (other than obligations members of the general public. described in subsection (a) (1)) which may be reasonably [(e)] (f) CROSS REFERENCES.- expected at the time of issuance of such issue, to produce a For provisions relating to the taxable status of- yield over the term of the issue which is materially higher (1) Bonds and certificates of indebtedness authorized by the (taking into account any discount or premium) than the yield First Liberty Bond Act, see sections 1 and 6 of that Act (40 Stat. on obligations of such issue, or 35, 36; 31 U.S.C. 746, 755) H.R. 531 H.R. 531 10 11 (2) Bonds issued to restore or maintain the gold reserve, see (18) Philippine bonds, etc., issued before the independence of section 2 of the Act of March 14, 1900 (31 Stat. 46; 31 U.S.C. the Philippines, see section 9 of the Philippine Independence Act 408) (48 Stat. 463; 48 U.S.C. 1239) ; (3) Bonds, notes, certificates of indebtedness, and Treasury (19) Postal savings bonds, see section 10 of the Act of June 25, bills authorized by the Second Liberty Bond Act, see sections 4, 1910 (36 Stat. 817; 39 U.S.C. 760) ; 5 (b) and (d), 7, 18 (b) and 22(d) of that Act as amended (40 (20) Puerto Rican bonds, see section 3 of the Act of March 2, Stat. 290; 46 Stat: 20, 775; 40 Stat. 291, 1310; 55 Stat. 8; 31 U.S.C. 1917, as amended (50 Stat. 855; 48 U.S.C. 745) 752a, 754, 747, 753, 757c) (21) Treasury notes issued to retire national bank notes, see (4) Bonds, notes, and certificates of indebtedness of the United section 18 of the Federal Reserve Act (38 Stat. 268; 12 U.S.C. States and bonds of the War Finance Corporation owned by cer- 447) ; tain nonresidents, see section 3 of the Fourth Liberty Bond Act, as (22) United States Housing Authority obligations, see sections amended (40 Stat. 1311, § 4; 31 U.S.C. 750) 5(e) and 20 (b) of the United States Housing Act of 1937 (50 Stat. (5) Certificates of indebtedness issued after February 4, 1910, 890, 898; 42 U.S.C. 1405, 1420) see section 2 of the Act of that date (36 Stat. 192; 31 U.S.C. (23) Virgin Islands insular and municipal bonds, see section 1 769) of the Act of October 27, 1949 (63 Stat. 940; 48 U.S.C. 1403). (6) Consols of 1930, see section 11 of the Act of March 14, 1900 (31 Stat. 48; 31 U.S.C. 751); VI. OTHER MATTERS REQUIRED To BE DISCUSSED UNDER HOUSE RULES (7) Obligations and evidences of ownership issued by the United States or any of its agencies or instrumentalities on or In compliance with clauses 2(1) (3) and 2(1) (4) of Rule XI of the after March 28, 1942, see section 4 of the Public Debt Act of 1941, Rules of the House of Representatives, the following statements are as amended (c. 147, 61 Stat. 180; 31 U.S.C. 742a) made. (8) Commodity Credit Corporation obligations, see section 5 With regard to subdivision (A) of Clause 3, the Committee advises of the Act of March 8, 1938 (52 Stat. 108; 15 U.S.C. 713a-5) that its oversight findings led it to the conclusion that an amendment (9) Debentures issued by Federal Housing Administrator, see to the Internal Revenue Code is necessary to establish the eligibility of sections (d) and (i) of the National Housing Act, as bons issued by the American Falls Reservoir District for a dam and amended (52 Stat. 14, 20; 12 U.S.C. 1710, 1713); related facilities for tax-exempt status as industrial development (10) Debentures issued to mortgages by United States Mari- bonds. time Commission, see section 1105(c) of the Merchant Marine In compliance with subdivision (B) of Clause 3, the committee Act, 1936, as amended (52 Stat. 972; 46 U.S.C. 1275) ; states that the change made in section 103 of the Internal Revenue (11) Federal Deposit Insurance Corporation obligations, see Code will produce an annual revenue loss of about $1 million at cur- section 15 of the Federal Deposit Insurance Act (64 Stat. 890; 12 rent tax rates for the period of maturity during which the bonds U.S.C. 1825) ; to be issued will be outstanding. Alternatively, the cost to the Federal (12) Federal Home Loan Bank obligations, see section 13 of the Government of construction of this project as a direct expenditure Federal Home Loan Bank Act, as amended (49 Stat. 295, § 8; 12 presently is estimated at about $50 million. U.S.C. 1433) ; With respect to subdivisions (C) and (D) of Clause 3, the Com- (13) Federal savings and loan association loans, see section 5 mittee advises that no estimate or comparison has been prepared by (h) of the Home Owners' Loan Act of 1933, as amended (48 Stat. the Director of the Congressional Budget Office relative to any of the 133; U.S.C. 1464); provisions of H.R. 9968, nor have any oversight findings or recom- (14) Federal Savings and Loan Insurance Corporation obliga- mendations been made by the Committee on Government Operations tions, see section 402 (e) of the National Housing Act (48 Stat. with respect to the subject matter contained in H.R. 9968. 1257 12 U.S.C. 1725) In compliance with clause 2(1) (4) of Rule XI, the Committee (15) Home Owners' Loan Corporation bonds, see section 4(c) states that the bonds to be issued followed enactment of H.R. 9968 are of the Home Owners' Loan Act of 1933, as amended (48 Stat. 644, not expected to have an inflationary impact on prices and in costs in c. 168; 12 U.S.C. 1463) the operation of the national economy. (16) Obligations of Central Bank for Cooperatives, production credit corporations, production credit associations, and banks for cooperatives, see section 63 of the Farm Credit Act of 1933 (48 Stat. 267; 12 U.S.C. 1138c) (17) Panama Canal bonds, see section 1 of the Act of December 21, 1904 (34 Stat. 5; 31 U.S.C. 743), section 8 of the Act of June 28, 1902 (32 Stat. 484; 31 U.S.C. 744), and section 39 of the Tariff Act of 1909 (36 Stat. 117; 31 U.S.C. 745) H.R. 531 H.R. 531 Calendar No. 546 94TH CONGRESS ~ SENATE REPORT 1st Session No. 94-570 TAX EXEMPT STATUS OF OBLIGATIONS USED TO PROVIDE CERTAIN IRRIGATION FACILITIES DECEMBER 16 (legislative day, DECEMBER 15), 1975.-Ordered to be printed Mr. LONG, from the Committee on Finance, submitted the following REPORT [To accompany H.R. 9968] The Committee on Finance, to which was referred the bill (H.R. 9968) to amend section 103 of the Internal Revenue Code of 1954 with respect to certain obligations used to provide irrigation facilities, having considered the same, reports favorably thereon without amend- ment and recommends that the bill do pass. I. SUMMARY H.R. 9968 would clarify the tax-exempt status of obligations the proceeds of which are to be used to reconstruct the American Falls Dam in Idaho. Present law provides that an industrial revenue bond whose proceeds are used to build a dam to store water for irrigation purposes may be eligible for tax-exempt status. Where, however, the water also has a subordinate use in generating electricity, the status of the bonds is not clear under existing law. The American Falls Dam is used principally for irrigation purposes, but the water has a subordinate use in generat- ing electricity. H.R. 9968 provides that industrial revenue bonds issued in such a case may qualify for exempt status if substantially all of the stored water is contractually available for irrigation purposes and the water is available on reasonable demand to members of the general public. II. GENERAL EXPLANATION OF THE BILL Present law provides that interest on obligations of State and local governments generally is exempt from Federal income tax. In 1968 tax-exempt status was withdrawn from industrial development bonds 57-010 2 3 which State and local governments were using to finance and attract private industrial development within their jurisdictions. The Act of December 28, 1973, also provides that upon completion Industrial development bonds are generally considered to be State of construction the United States shall take title to the dam as a fea- or local obligations, a major portion of the proceeds of which are to ture of the Minidoka Project, located in the upper Snake River basin, be used in, and repaid by, a taxable trade or business. Such bonds are Idaho. normally issued to acquire a facility for private business in which the As the constructing agent, the American Falls Reservoir District beneficial ownership of the facility remains in the private trade or was authorized to contract with an electric utility for the use of the business, although (in order to secure repayment of the bonds) legal falling water at the dam for hydroelectirc power generation. Reve- title normally remains with the State or local unit issuing the nues from such a contract with help defer the costs of constructing the obligations. dam. Prior to the adoption of the Act of December 28, 1973, the Idaho When the industrial development bond limitation was enacted, ex- Power Company, which is a spaceholder in the reservoir and which ceptions were provided for certain small issues (sec. 103 (c) (6)) and owns and operates a powerplant below the existing dam, expressed for certain specified public activities (sec. 103 (c) (4)) in which cases interest in the execution of a falling water contract. Subsequent to the tax-exempt status was continued. As initially enacted, one of the pub- adoption of the Act, the District, as the constructing agency, entered lic activities for which an exemption was provided (sec. 103 (c) (4) into negotiations with the Secretary of the Interior, the Idaho Power (E)) was "sewage or solid waste disposal facilities or facilities for the Company and the other water users for the preparation of various local furnishing of electric energy, gas or water." contracts including a contract for the use of falling water. In 1971, Congress amended the exception in subparagraph (E) to It was intended that in normal circumstances substantially all of delete "water" and added the present law subparagraph (G) which the falling water would be made available to the Power Company only extends the exception to "facilities for the furnishing of water, if when water was released from the dam for irrigation purposes. There available on reasonable demand to members of the general public." has been no intention to release water specifically for use by the Idaho As a result, in those cases where obligations are issued for facilities Power Company to generate electricity, except for 45,000 acre-feet for the furnishing of water which meet the exception (under sec. 103 (2.65 percent of the storage capacity) whose release the power com- (c) (4) (G)) but where the water is also used to generate electricity, it pany, in its capacity as a space holder in the irrigation district, can is uncertain as to whether the obligations would qualify for exempt schedule for the purpose of generating electric energy. Thus, the use status unless the use of the electric energy meets the "local" furnishing of water for electric energy would be subordinated to the use of the test (under sec. 103 (c) (4) (E)), which has been interpreted to cover water for irrigation. an area of two contiguous counties. Although the Federal Government might well eventually com- The American Falls Reservoir District applied to the Internal pletely finance the reconstruction of the American Falls Dam, the Revenue Service in June 1974 for a ruling that bonds to be issued to American Falls Reservoir District is undertaking the reconstruction finance the replacement and rehabilitation of the American Falls now in order to make the dam fully operational for the spaceholders Dam would qualify as a tax-exempt issue under section 103 (c) (4) (rather than the present restricted two-thirds capacity). If it were not (G). The Internal Revenue Service, however, had questions of inter- for the use of the water by the Idaho Power Company for hydro- pretation with respect to the interrelationship of the exceptions for fa- electric power generation, any bonds issued by the Reservoir District cilities for furnishing of water and the local furnishing of electric would presently qualify for tax-exempt status. In this case the Idaho energy and their application to the specific facts of this case. The com- Power Company has a limited spaceholder right (under 3 percent) mittee reviewed the facts involved, as described below, and believed and is financing a large portion of the debt to assist the reconstruction it is appropriate to specifically except the bond issue in this case as a of the dam and has use of the falling water for its hydroelectric power result of the special circumstances. generation purposes. In addition, since the dam is to be turned over to The original American Falls Dam was constructed in 1927 by the the Federal Government after its reconstruction for ownership and Bureau of Reclamation. The dam was restricted to two-thirds of its operation. in effect, this financing can be viewed as saving the Federal 1.7 million acre foot capacity in 1972 by the Bureau of Reclamation of Government the expenditure it would have had to make to recon- the Department of the Interior for safety reasons because of exces- struct the dam several years in the future. In view of these special sive pressures on the dam which were caused by an alkali-aggregate circumstances, the committee believes it is appropriate to extend tax- reaction and deterioration in the concrete. exempt status to the bonds to be issued to finance the reconstruction of the dam. Legislation was enacted on December 28, 1973, to permit replace- ment and rehabilitation of the American Falls Dam by the American The bill adds a new exception to industrial development bond treat- Falls Reservoir District, which is a political subdivision of the State ment to specifically allow tax-exempt status for the bonds issued to of Idaho. Replacement of the existing dam by the American Falls reconstruct the American Falls Dam. This exception is to apply to Reservoir District is an action to be taken in lieu of waiting for a obligations for a dam which furnishes water for irrigation purposes Federal appropriation that would enable the Bureau of Reclamation which has a subordinate use in connection with the generation of to build the replacement dam. electric energy by water if substantially all of the stored water is contractually available for release from the dam for irrigation pur- S.R. 570 S.R. 570 4 5 poses and if the water released is available on reasonable demand for reported, are shown as follows (existing law proposed to be omitted members of the general public. The committee intends that subordinate use of water for generating is enclosed in black brackets, new matter is printed in italic, exist- electric energy means that less than 10 percent of the normal supply ing law in which no change is proposed is shown in roman) : of stored water may contractually be scheduled for release by the INTERNAL REVENUE CODE OF 1954 power company and used for generating electric energy. Normal refers to conditions that generally prevail in the service area of this * * * * reservoir, and it is recognized that unusually wet or dry weather can cause a significant distortion in the 2.65 percent of water contractually Chapter 1-Normal Taxes and Surtaxes scheduled for release to be used for generating electric energy. The committee intends that such unusual circumstances not be guiding * in determining the subordinate use of water. In addition, normal use does not include a temporary increase in water released for the Subchapter B-Computation of Taxable Income power company following contractual default by a spaceholder and * * his water share being made available to other spaceholders under the terms of the contract for the construction and operation of the dam Part III-Items Specifically Excluded From Gross Income and its facilities. Thus, the provision applies the requirements of subsection (c) (4) Sec. 103. Interest on Certain Governmental Obligations. (G) where substantially all of the stored water (under normal weather and climatic conditions) is available for release to be used (a) GENERAL RULE.-Gross income does not include interest on- for irrigation in the American Falls Reservoir District. The require- (1) the obligations of a State, a Territory, or a possession of the ment that the released water be available on reasonable demand to United States, or any political subdivision of any of the fore- members of the general public is retained in the new subsection (e). going, or of the District of Columbia; The committee understands that the American Falls project conforms (2) the obligations of the United States; or with this requirement. (3) the obligations of a corporation organized under Act of The bill is to apply to obligations issued after the date of the enact- Congress, if such corporation is an instrumentality of the United ment of this Act. States and if under the respective Acts authorizing the issue of the obligations the interest is wholly exempt from the taxes im- III. COSTS OF CARRYING OUT THE BILL AND EFFECT ON THE posed by this subtitle. REVENUES OF THE BILL (b) EXCEPTION.-Subsection (a) (2) shall not apply to interest on obligations of the United States issued after September 1, 1917 (other In compliance with section 252 (a) of the Legislative Reorganiza- than postal savings certificates of deposit, to the extent they represent tion Act of 1970, the following statement is made relative to the deposits made before March 1, 1941), unless under the respective Acts costs to be incurred in carrying out this bill and the effect on the authorizing the issuance thereof such interest is wholly exempt from revenues of the bill. the taxes imposed by this subtitle. The committee estimates that the bill, relating to the tax-exempt (c) INDUSTRIAL DEVELOPMENT BONDS.- status of obligations used to provide certain irrigation facilities, will (1) SUBSECTION (a) (1) NOT TO APPLY.-Except as otherwise result in an annual revenue loss of about $1 million in each of the five provided in this subsection, any industrial development bond shall fiscal years following the current fiscal year. No revenue loss is ex- be treated as an obligation not described in subsection (a) (1). pected in the current fiscal year. (2) INDUSTRIAL DEVELOPMENT BOND.-For purposes of this sub- section, the term "industrial development bond" means any IV. VOTE OF COMMITTEE IN REPORTING THE BILL obligation- In compliance with section 133 of the Legislative Reorganization (A) which is issued as part of an issue all or a major por- Act, as amended, the following statement is made relative to the tion of the proceeds of which are to be used directly or indi- vote of the committee on reporting the bill. This bill was ordered rectly in any trade or business carried on by any person who favorably reported by the committee without a rollcall vote and is not an exempt person (within the meaning of paragraph (3) ), and without objection. (B) the payment of the principal or interest on which V. CHANGES IN EXISTING LAW (under the terms of such obligation or any underlying ar- rangement) is, in whole or in major part- In compliance with subsection (4) of rule XXIX of the Stand- (i) secured by any interest in property used or to be ing Rules of the Senate, changes in existing law made by the bill, as used in a trade or business or in payments in respect of such property, or S.R. 570 S.R. 570 7 6 (ii) to be derived from payments in respect of prop- (iii) but for this subparagraph, subparagraph (A) erty, or borrowed money, used or to be used in a trade would apply to each such issue, or business. then, for purposes of subparagraph (A), in determining the (3) EXEMPT PERSON.-For purposes of paragraph (2) (A), the aggregate face amount of any later issue there shall be taken into account the face amount of obligations issued under all term "exempt person" means— (A) a governmental unit, or prior such issues and outstanding at the time of such later (B) an organization described in section 501 (c) (3) and issue (not including as outstanding any obligation which is to be redeemed from the proceeds of the later issue). exempt from tax under section 501 (a) (but only with respect to a trade or business carried on by such organization which (C) RELATED PERSONS.-For purposes of this paragraph is not an unrelated trade or business, determined by applying and paragraph (7), a person is a related person to another section 513 (a) to such organization). person if- (4) CERTAIN EXEMPT ACTIVITIES.-Paragraph (1) shall not (i) the relationship between such persons would result in a disallowance of losses under section 267 or 707 (b), or apply to any obligation which is issued as part of an issue sub- stantially all of the proceeds of which are to be used to provide- (ii) such persons are members of the same controlled (A) residential real property for family units, group of corporations (as defined in section 1563 (a), ex- cept that "more than 50 percent" shall be substituted for (B) sports facilities, "at least 80 percent" each place it appears therein). (C) convention or trade show facilities, (D) airports, docks, wharves, mass commuting facilities, (D) $5,000,000 LIMIT IN CERTAIN CASES.-At the election of the issuer, made at such time and in such manner as the Sec- parking facilities, or storage or training facilities directly related to any of the foregoing, retary or his delegate shall by regulations prescribe, with (E) sewage or solid waste disposal facilities or facilities respect to any issue this paragraph shall be applied- (i) by substituting $5,000,000" for "$1,000,000" in for the local furnishing of electric energy or gas, (F) air or water pollution control facilities, or subparagraph (A), and (ii) in determining the aggregate fact amount of such (G) facilities for the furnishing of water, if available on issue, by taking into account not only the amount de- reasonable demand to members of the general public. scribed in subparagraph (B), but also the aggregate (5) INDUSTRIAL PARKS,-Paragraph (1) shall not apply to any amount of capital expenditures with respect to facilities obligation issued as part of an issue substantially all of the pro- described in subparagraph (E) paid or incurred during ceeds of which are to be used for the acquisition or development of land as the site for an industrial park. For purposes of the the 6-year period beginning 3 years before the date of such issue and ending 3 years after such date (and preceding sentence, the term "development of land" includes the financed otherwise than out of the proceeds of outstand- provision of water, sewage, drainage, or similar facilities, or of transportation, power, or communication facilities, which are ing issues to which subparagraph (A) applied), as if the incidental to use of the site as an industrial park, but, except with aggregate amount of such capital expenditures consti- tuted the face amount of a prior outstanding issue de- respect to such facilities, does not include the provision of struc- tures or buildings. scribed in subparagraph (B). (6) EXEMPTION FOR CERTAIN SMALL ISSUES.- (E) FACILITIES TAKEN INTO ACCOUNT.-For purposes of (A) IN GENERAL.-Paragraph (1) shall not apply to any subparagraph (D) (ii), the facilities described in this sub- obligation issued as part of an issue the aggregate authorized paragraph are facilities— (i) located in the same incorporated municipality or face amount of which is $1,000,000 or less and substantially located in the same county (but not in any incorporated all of the proceeds of which are to be used (i) for the acqui- sition, construction, reconstruction, or improvement of land municipality), and (ii) the principal user of which is or will be the same or property of a character subject to the allowance for de- preciation, or (ii) to redeem part or all of a prior issue which person or two or more related persons. For purposes of clause (i), the determination of whether or was issued for purposes described in clause (i) or this clause. not facilities are located in the same governmental unit shall (B) CERTAIN PRIOR ISSUES TAKEN INTO ACCOUNT.-If- be made as of the date of issue of the issue in question. (i) the proceeds of two or more issues of obligations (whether or not the issuer of each such issue is the same) (F) CERTAIN CAPITAL EXPENDITURES NOT TAKEN INTO AC- COUNT.-For purposes of subparagraph (D) (ii), any capital are or will be used primarily with respect to facilities located in the same incorporated municipality or located expenditure- in the same county (but not in any incorporated (i) to replace property destroyed or damaged by fire, municipality), storm, or other casualty, to the extent of the fair market (ii) the principal user of such facilities is or will be value of the property replaced, the same person or two or more related persons, and (ii) required by a change made after the date of issue of the issue in question in a Federal or State law or local S.R. 570 S.R. 570 8 9 ordinance of general application or required by a change used for residential purposes for the personnel of an educa- made after such date in rules and regulations of general tional institution (within the meaning of section 151 (e) (4)) application issued under such a law or ordinance, or which grants baccalaureate or higher degrees, or to replace (iii) required by circumstances which could not be funds which were so used, and of a mistake of law or fact (but the aggregate amount of reasonably foreseen on such date of issue or arising out (B) the yield on which over the term of the issue is not reasonably expected, at the time of issuance of such issue, expenditures not taken into account under this clause to be substantially lower than the yield on obligations ac- with respect to any issue shall not exceed $1,000,000), quired or to be acquired in providing such financing. shall not be taken into account. This paragraph shall not apply with respect to any obligation for subparagraph (D) (ii) with respect to capital expenditures (G) LIMITATION ON LOSS OF TAX EXEMPTION.-In applying any period during which it is held by a person who is a substantial user of property financed by the proceeds of the issue of which made after the date of any issue, no obligation issued as a part such obligation is a part, or by a member of the family (within of such issue shall be treated as an obligation not described in the meaning of section (1)) of any such person. subsection (a) (1) by reason of any such expenditure for any (4) SPECIAL RULES.-For purposes of paragraph (1), an obliga- incurred. period before the date on which such expenditure is paid or tion shall not be treated as an arbitrage bond solely by reason of the fact that- (H) CERTAIN REFINANCING ISSUES.- In the case of (A) the proceeds of the issue of which such obligation is issue described in subparagraph (A) (ii), an election may any be a part may be invested for a temporary period in securities made under subparagraph (D) only if all of the prior issues or other obligations until such proceeds are needed for the being redeemed are issues to which subparagraph (A) purpose for which such issue was issued, or plies. In applying subparagraph (D) (ii) with respect ap- to (B) an amount of the proceeds of the issue of which such such a refinancing issue, capital expenditures shall be taken obligation is a part may be invested in securities or other ob- into account only. for purposes of determining whether the ligations which are part of a reasonably required reserve or prior issues being redeemed qualified (and would have con- replacement fund. tinued to qualify) under subparagraph (A). The amount referred to in subparagraph (B) shall not exceed 15 (7) Exception.-Paragraphs (4), (5), and (6) shall not apply percent of the proceeds of the issue of which such obligation is a with respect to any obligation for any period during which it is part unless the issuer establishes that a higher amount is held by a person who is a substantial user of the facilities or a necessary. related person. (5) REGULATIONS.-The Secretary or his delegate shall pre- (d) ARBITRAGE BONDS.- scribe such regulations as may be necessary to carry out the pur- (1) SUBSECTION (a) (1) NOT TO APPLY.-Except as provided in poses of this subsection. this subsection, any arbitrage bond shall be treated as an obliga- (e) CERTAIN IRRIGATION DAMS.-A dam for the furnishing of water tion not described in subsection (a) (1). for irrigation purposes which has a subordinate use in connection with (2) ARBITRAGE BOND.-For purposes of this subsection, the term the generation of electric energy by water shall be treated as meeting "arbitrage bond" means any obligation which is issued as part of the requirements of subsection (c) (4) (G) if- an issue all or a major portion of the proceeds of which are reason- (1) substantially all of the stored water is contractually avail- ably expected to be used directly or indirectly- able for release from such dam for irrigation purposes, and (A) to acquire securities (within the meaning of section (2) the water 80 released is available on reasonable demand to 165 (g) (2) (A) or (B) or obligations (other than obligations members of the general public. described in subsection (a) (1)) which may be reasonably [(e)] (f) CROSS REFEREN CES.- expected at the time of issuance of such issue, to produce a For provisions relating to the taxable status of- yield over the term of the issue which is materially higher (1) Bonds and certificates of indebtedness authorized by the on obligations of such issue, or (taking into account any discount or premium) than the yield First Liberty Bond Act, see sections 1 and 6 of that Act (40 Stat. 35, 36; 31 U.S.C. 746, 755) ; (B) to replace funds which were used directly or indirectly (2) Bonds issued to restore or maintain the gold reserve, see to (A). acquire securities or obligations described in subparagraph section 2 of the Act of March 14, 1900 (31 Stat. 46; 31 U.S.C. 408) ; gation- (3) Exception.-Paragraph (1) shall not apply to any obli- (3) Bonds, notes, certificates of indebtedness, and Treasury bills authorized by the Second Liberty Bond Act, see sections 4, the proceeds of which are reasonably expected to be used to (A) which is issued as part of an issue substantially all of 5 (b) and. (d), 7, 18 (b) and 22 (d) of the Act as amended (40 Stat. 290; 46 Stat. 20, 775; 40 Stat. 291, 1310; 55 Stat. 8; 31 U.S.C. provide permanent financing for real property used or to be 752a, 754, 747, 753, 757c) S.R. 570 S.R: 570 10 11 tain States and bonds of the War Finance Corporation owned by cer- (4) Bonds, notes, and certificates of indebtedness of the United (21) Treasury notes issued to retire national bank notes, see section 18 of the Federal Reserve Act (38 Stat. 268; 12 U.S.C. nonresidents, see section 3 of the Fourth Liberty Bond Act, as 447) ; amended (40 Stat. 1311, § 4; 31 U.S.C. 750) ; (22) United States Housing Authority obligations, see sections (5) Certificates of indebtedness issued after February 4, 1910, 5 (e) and 20 (b) of the United States Housing Act of 1937 (50 Stat. see section 2 of the Act of that date (36 Stat. 192; 31 U.S.C. 890, 898 42 U.S.C. 1405, 1420) ; 769) (23) Virgin Islands insular and municipal bonds, see section 1 (31 Stat. 48; 31 U.S.C. 751) ; (6) Consols of 1930, see section 11 of the Act of March 14, 1900 of the Act of October 27, 1949 (63 Stat. 940; 48 U.S.C. 1403). United States or any of its agencies or instrumentalities on (7) Obligations and evidences of ownership issued by the as amended (c. 147, 61 Stat. 180; 31 U.S.C. 742a) after March 28, 1942, see section 4 of the Public Debt Act of 1941, or (8) Commodity Credit Corporation obligations, ; see section 5 of the Act of March 8, 1938 (52 Stat. 108; 15 U.S.C. 713a-5) sections 204 (d) and 207 (i) of the National Housing Act, as (9) Debentures issued by Federal Housing Administrator, ; see amended (52 Stat. 14, 20; 12 U.S.C. 1710, 1713) ; time Commission, see section 1105 (c) of the Merchant Marine (10) Debentures issued to mortgages by United States Mari- Act, 1936, as amended (52 Stat. 972; 46 U.S.C. 1275) ; (11) Federal Deposit Insurance Corporation obligations, see U.S.C. 1825) ; section 15 of the Federal Deposit Insurance Act (64 Stat. 890; 12 U.S.C. 1433) ; Federal Home Loan Bank Act, as amended (49 Stat. 295, § 8; 12 (12) Federal Home Loan Bank obligations, see section 13 of the 133; U.S.C. 1464) ; (h) of the Home Owners' Loan Act of 1933, as amended (48 Stat. (13) Federal savings and loan association loans, see section 5 1257 12 U.S.C. 1725) tions, see section 402 (e) of the National Housing Act (48 Stat. (14) Federal Savings and Loan Insurance Corporation obliga- c. 12 U.S.C. 1463) ; of 168 Home Owners' Loan Act of 1933, as amended (48 Stat. 4(c) 644, (15) the Home Owners' Loan Corporation bonds, see section credit corporations, production credit associations, and banks for (16) Obligations of Central Bank for Cooperatives, production Stat. cooperatives, see section 63 of the Farm Credit Act of 1933 (48 267; 12 U.S.C. 1138c) 21, 1904 (34 Stat. 5; 31 U.S.C. 743), section 8 of the Act of June (17) Panama Canal bonds, see section 1 of the Act of December Act 28, 1902 (32 Stat. 484; 31 U.S.C. 744), and section 39 of the Tariff of 1909 (36 Stat. 117; 31 U.S.C. 745) ; the Philippines, see section 9 of the Philippine Independence Act (18) Philippine bonds, etc., issued before the independence of (48 Stat. 463 48 U.S.C. 1239) ; 1910 (36 Stat. 817; 39 U.S.C. 760) ; (19) Postal savings bonds. see section 10 of the Act of June 25, 1917, as amended (50 Stat. 855; 48 U.S.C. 745) ; (20) Puerto Rican bonds. see section 3 of the Act of March 2, S.R. 570 S.R. 570 H. R. 9968 Ainety-fourth Congress of the United States of America AT THE FIRST SESSION Begun and held at the City of Washington on Tuesday, the fourteenth day of January, one thousand nine hundred and seventy-five An Act To change certain income tax provisions of the Internal Revenue Code of 1954, 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. This Act may be cited as the "Revenue Adjustment Act of 1975". SEC. 1A. DECLARATION OF POLICY. (a) Congress is determined to continue the tax reduction for the first 6 months of 1976 in order to assure continued economic recovery. (b) Congress is also determined to continue to control spending levels in order to reduce the national deficit. (c) Congress reaffirms its commitments to the procedures estab- lished by the Congressional Budget and Impoundment Control Act of 1974 under which it has already established a binding spending ceiling for the fiscal year 1976. (d) If the Congress adopts a continuation of the tax reduction provided by this Act beyond June 30, 1976, and if economic conditions warrant doing so, Congress shall provide, through the procedures in the Budget Act, for reductions in the level of spending in the fiscal year 1977 below what would otherwise occur, equal to any additional reduction in taxes (from the 1974 tax rate levels) provided for the fiscal year 1977: Provided, however, That nothing shall preclude the right of the Congress to pass a budget resolution containing a higher or lower expenditure figure if the Congress concludes that this is war- ranted by economic conditions or unforeseen circumstances. SEC. 2. INDIVIDUAL INCOME TAX REDUCTIONS. (a) Low INCOME ALLOWANCE.- (1) INCREASE.-Subsection (c) of section 141 of the Internal Revenue Code of 1954 (relating to low income allowance) is amended to read as follows: "(c) Low INCOME ALLOWANCE.- "(1) IN GENERAL.-The low income allowance is- "(A) $2,100 in the case of- (i) a joint return under section 6013, or (ii) a surviving spouse (as defined in section 2(a)) "(B) $1,700 in the case of an individual who is not married and who is not a surviving spouse (as so defined), or "(C) $1,050 in the case of a married individual filing a separate return. "(2) APPLICATION OF 6-MONTH RULE.-Notwithstanding the pro- visions of paragraph (1), the following amounts shall be substi- tuted for the amount set forth in paragraph (1)- "(A) '$1,700' for '$2,100' in subparagraph (A), (B) '$1,500' for '$1,700' in subparagraph (B), and (C) '$850' for '$1,050' in subparagraph (C)." (2) CHANGE IN FILING REQUIREMENTS TO REFLECT INCREASE IN LOW INCOME ALLOWANCE.-Paragraph (1) (A) of section 6012(a) of such Code (relating to persons required to make returns of income) is amended- H. R. 9968-2 (A) by striking out "$2,350" in clause (i) of such para- graph and inserting in lieu thereof "$2,450"; (B) by striking out "$2,650" in clause (ii) of such para- graph and inserting in lieu thereof "$2,850"; and (C) by striking out "$3,400" in clause (iii) of such para- graph and inserting in lieu thereof "$3,600". (b) PERCENTAGE STANDARD DEDUCTION.- (1) INCREASE.-Subsection (b) of section 141 of such Code (relating to percentage standard deduction) is amended to read as follows: "(b) PERCENTAGE STANDARD DEDUCTION.- '(1) GENERAL RULE.-The percentage standard deduction is an amount equal to 16 percent of adjusted gross income but not to exceed— "(A) $2,800 in the case of- (i) a joint return under section 6013, or (ii) a surviving spouse (as defined in section 2(a)), "(B) $2,400 in the case of an individual who is not married and who is not a surviving spouse (as SO defined), or "(C) $1,400 in the case of a married individual filing a separate return. "(2) APPLICATION OF 6-MONTH RULE.-Notwithstanding the pro- visions of paragraph (1) of this subsection, the following amounts shall be substituted for the amounts set forth in paragraph (1)- (A) '$2,400' for '$2,800' in subparagraph (A), " (B) '$2,200' for '$2,400' in subparagraph (B), and (C) '$1,200' for '$1,400' in subparagraph (C).". (2) CONFORMING AMENDMENTS.-Section 3402 (m) of such Code (relating to withholding allowances based on itemized deductions) is amended- (A) by striking out "$2,600" in paragraph (1) (B) and in- serting in lieu thereof "$2,800", and (B) by striking out "$2,300" in such paragraph and insert- ing in lieu thereof "$2,400". (c) EARNED INCOME CREDIT.-Subsections (a) and (b) of section 43 of such Code (relating to earned income credit) are amended to read as follows: "(a) ALLOWANCE OF CREDIT.- "(1) GENERAL RULE.-In the case of an eligible individual, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to 10 percent of SO much of the earned income for the taxable year as does not exceed $4,000. '(2) APPLICATION OF 6-MONTH RULE.-Notwithstanding the provisions of paragraph (1), the term '5 percent' shall be sub- stituted for the term '10 percent' where it appears in that para- graph.". (b) LIMITATION.- "(1) GENERAL RULE.-The amount of the credit allowable to a taxpayer under subsection (a) for any taxable year shall be reduced (but not below zero) by an amount equal to 10 percent of SO much of the adjusted gross income (or, if greater, the earned income) of the taxpayer for the taxable year as exceeds $4,000. "(2) APPLICATION OF 6-MONTH RULE.-Notwithstanding the provisions of paragraph (1), the term '5 percent' shall be sub- stituted for the term '10 percent' where it appears in that paragraph.". H. R. 9968-3 (d) DISREGARD OF REFUND.-Any refund of Federal income taxes made to any individual by reason of section 43 of the Internal Reve- nue Code of 1954 (relating to earned income credit) shall not be taken into account as income or receipts for purposes of determining the eligibility, for the month in which such refund is made or any month thereafter which begins prior to July 1, 1976, of such indi- vidual or any other individual for benefits or assistance, or the amount or extent of benefits or assistance, under any Federal pro- gram or under any State or local program financed in whole or in part with Federal funds, but only if such individual (or the family unit of which he is a member) is a recipient of benefits or assistance under such a program for the month before the month in which such refund is made. (e) EXTENSION OF CERTAIN Low-INCOME ALLOWANCE, PERCENTAGE STANDARD DEDUCTION, AND Tax CREDIT PROVISIONS.-The last sentence of section 209 (a) of the Tax Reduction Act of 1975 is amended to read as follows: "The amendments made by section 201 (a) and 202(a) shall cease to apply to taxable years ending after December 31, 1975; those made by sections 201 (b), 201 (c), and 203 shall cease to apply to taxable years ending after December 31, 1976.". (f) EXTENSION OF EARNED INCOME CREDIT.-Section 209 (b) of the Tax Reduction Act of 1975 (relating to effective date for section 204) is amended by striking out "January 1, 1976," and inserting in lieu thereof "January 1, 1977.". (g) EFFECTIVE DATE.-The amendments made by this section apply to taxable years ending after December 31, 1975, and before Janu- ary 1, 1977. SEC. 3. TAXABLE INCOME CREDIT. (a) TAXABLE INCOME CREDIT.- (1) IN GENERAL.-Section 42 of the Internal Revenue Code of 1954 (relating to credit for personal exemptions) is amended to read as follows: "SEC. 42. TAXABLE INCOME CREDIT. '(a) ALLOWANCE OF CREDIT.- "(1) IN GENERAL.-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 greater of- (A) 2 percent of SO much of the taxpayer's taxable income for the taxable year as does not exceed $9,000; or (B) $35 multiplied by each exemption for which the tax- payer is entitled to a deduction for the taxable year under subsection (b) or (e) of section 151. "(2) APPLICATION OF SIX-MONTH RULE-Notwithstanding the provisions of paragraph (1) of this subsection, the percentage "1 percent" shall be substituted for "2 percent" in subparagraph (A) of such paragraph, and the amount "$17.50" shall be substi- tuted for the amount "$35" in subparagraph (B) of such paragraph. "(b) APPLICATION WITH OTHER CREDITS.-The credit allowed by subsection (a) shall not exceed the amount of the tax imposed by this chapter for the taxable year. In determining the credits allowed under- "(1) section 33 (relating to foreign tax credit), "(2) section 37 (relating to retirement income credit), (3) section 38 (relating to investment in certain depreciable property), H. R. 9968-4 "(4) section 40 (relating to expenses of work incentive pro- grams), and "(5) section 41 (relating to contributions to candidates for public office), the tax imposed by this chapter shall (before any other reductions) be reduced by the credit allowed by this section. (c) SPECIAL RULE FOR MARRIED INDIVIDUALS FILING SEPARATE RETURNS.- "(1) IN GENERAL.-Notwithstanding subsection (a), in the case of a married individual who files a separate return for the tax- able year, the amount of the credit allowable under subsection (a) for the taxable year shall be equal to either- "(A) the amount determined under paragraph (1) (A) of subsection (a) ; or "(B) if this subparagraph applies to the individual for the taxable year, the amount determined under paragraph (1) (B) of subsection (a). For purposes of the preceding sentence, paragraph (1) of sub- section (a) shall be applied by substituting '$4,500' for '$9,000'. "(2) APPLICATION OF PARAGRAPH (1) (B).Subparagraph (B) of paragraph (1) shall apply to any taxpayer for any taxable year if- "(A) such taxpayer elects to have such subparagraph apply for such taxable year, and "(B) the spouse of such taxpayer elects to have such sub- paragraph apply for any taxable year corresponding, for purposes of section 142(a), to the taxable year of the taxpayer. Any such election shall be made at such time, and in such manner, as the Secretary or his delegate shall by regulations prescribe. "(3) MARITAL STATUS.-For purposes of this subsection, the determination of marital status shall be made under section 143. "(d) CERTAIN PERSONS NOT ELIGIBLE.-This section shall not apply to any estate or trust, nor shall it apply to any nonresident alien individual.". (2) CLERICAL AMENDMENT.-The table of sections for subpart A of part IV of subchapter A of chapter 1 of such Code is amended by striking out the item relating to section 42 and inserting in lieu thereof the following: "Sec. 42. Taxable income credit.". (b) EFFECTIVE DATE.-The amendments made by subsection (a) shall apply to taxable years ending after December 31, 1975. Such amendments shall cease to apply to taxable years ending after Decem- ber 31, 1976. SEC. 4. CORPORATE TAX RATES AND SURTAX EXEMPTION. (a) CORPORATE NORMAL Tax.-Section 11(a) of the Internal Rev- enue Code of 1954 (relating to corporate normal tax) is amended to read as follows: "(b) NORMAL Tax.- "(1) GENERAL RULE.-The normal tax is equal to- "(A) in the case of a taxable year ending after Decem- ber 31, 1976, 22 percent of the taxable income, and (B) in the case of a taxable year ending after Decem- ber 31, 1974, and before January 1, 1977, the sum of- (i) 20 percent of SO much of the taxable income as does not exceed $25,000, plus H. R. 9968-5 (iii) 22 percent of SO much of the taxable income as exceeds $25,000. "(2) SIX-MONTH APPLICATION OF GENERAL RULE.- "(A) CALENDAR YEAR TaXPAYErs.-Notwithstanding the provisions of paragraph (1), in the case of a taxpayer who has as his taxable year the calendar year 1976, the normal tax for such taxable year is equal to the sum of- "(i) 21 percent of SO much of the taxable income as does not exceed $25,000, plus (ii) 22 percent of SO much of the taxable income as exceeds $25,000. (B) FISCAL YEAR taxpayers.-Notwithstanding the pro- visions of paragraph (1), in the case of a taxpayer whose tax- able year is not the calendar year, effective on July 1, 1976, paragraph (1) shall cease to apply and the normal tax shall be 22 percent.". (b) CORPORATE SURTAX.-Section 11 (c) of such Code (relating to surtax) is amended to read as follows: (c) SURTAX.- "(1) GENERAL RULE.-The surtax is 26 percent of the amount by which the taxable income exceeds the surtax exemption for the taxable year. (2) SPECIAL RULE FOR 1976 FOR CALENDAR YEAR TAXPAYERS.- Notwithstanding the provisions of paragraph (1), in the case of a taxpayer who has as his taxable year the calendar year 1976, the surtax for such taxable year is— "(A) 13 percent of the amount by which the taxable income exceeds the $25,000 surtax exemption (as in effect under subsection (d) (2)) but does not exceed $50,000, plus (B) 26 percent of the amount by which the taxable income exceeds $50,000.". - (c) SURTAX EXEMPTION.-Section (d) of such Code (relating to surtax exemption) is amended to read as follows: (d) SURTAX EXEMPTION.- (1) GENERAL RULE.-For purposes of this subtitle, the surtax exemption for any taxable year is $50,000, except that, with respect to a corporation to which section 1561 or 1564 (relating to surtax exemptions in case of certain controlled corporations) applies for the taxable year, the surtax exemption for the taxable year is the amount determined under such section. (2) SIX-MONTH APPLICATION OF GENERAL RULE.-Notwithstand- ing the provisions of paragraph (1)- (A) CALENDAR YEAR TAXPAYERs.-In the case of a taxpayer who has as his taxable year the calendar year 1976, the pro- visions of paragraph (1) shall be applied for such taxable year by substituting the amount '$25,000' for the amount '$50,000' appearing therein. '(B) FISCAL YEAR TAXPAYERs.-In the case of a taxpayer whose taxable year is not the calendar year, effective on July 1, 1976, paragraph (1) shall be applied by substituting the amount '$25,000' for the amount '$50,000' appearing therein, and such substitution shall be treated, for purposes of section 21, as a change in a rate of tax.". (d) TECHNICAL AND CONFORMING CHANGES.- (1) Section 1561 (a) (1) of such Code (relating to limitations on certain multiple tax benefits in the case of certain controlled cor- porations) as such section is in effect for taxable years ending after December 31, 1975, is amended by striking out "$25,000". H. R. 9968-6 Section 962 (c) of such Code (relating to surtax exemption for individuals electing to be subject to tax at corporate rates) as such section is in effect for taxable years ending after Decem- ber 31, 1975, is amended by striking out "$25,000" and inserting in lieu thereof "the surtax exemption". (2) Section 21 (f) of such Code (relating to increase in surtax exemptions) is amended- (A) by striking out "INCREASE" in the caption and insert- ing "CHANGE" in lieu thereof, and (B) by inserting after "Tax Reduction Act of 1975" the following: "and the change made by section 3(c) of the Revenue Adjustment Act of 1975". (e) EFFECTIVE DATES.-The amendments made by subsections (b), (c), and (d) apply to taxable years beginning after December 31, 1975. The amendment made by subsection (c) ceases to apply for tax- able years beginning after December 31, 1976. SEC. 5. WITHHOLDING; ESTIMATED TAX PAYMENTS. (a) WITHHOLDING.- (1) IN GENERAL.-Section 3402(a) of the Internal Revenue Code of 1954 (relating to income tax collected at source), as amended by section 205 of the Tax Reduction Act of 1975, is amended by inserting after the second sentence thereof the fol- lowing: "The tables SO prescribed with respect to wages paid after December 31, 1975, and before July 1, 1976, shall be the same as the tables prescribed under this subsection which were in effect on December 10, 1975.". (2) TECHNICAL AMENDMENT.-Section 209 (c) of the Tax Reduc- tion Act of 1975 is amended by striking out "January 1, 1976" and inserting in lieu thereof "July 1, 1976". (b) ESTIMATED Tax PAYMENTS BY INDIVIDUALS.-Section 6153 of such Code (relating to installment payments of estimated income tax by individuals) is amended by adding at the end thereof the following new subsection: "(g) SIX-MONTH APPLICATION OF REVENUE ADJUSTMENT ACT OF 1975 CHANGES.-In the case of a taxpayer who has as his taxable year the calendar year 1976, the amount of any installment the payment of which is required to be made after December 31, 1975, and before July 1, 1976, may be computed without regard to section 42 (a) (2), 43(a) (2), 43(b) (2), 141 (b) (2), or 141 (c) (2).". (c) ESTIMATED TAX PAYMENTS BY CORPORATIONS-Section 6154 of such Code (relating to installment payments of estimated income tax by corporations) is amended by adding at the end thereof the following new subsection: "(h) SIX-MONTH APPLICATION OF REVENUE ADJUSTMENT AcT OF 1975 CHANGES.-In the case of a corporation which has as its taxable year the calendar year 1976, the amount of any installment the payment of which is required to be made after December 31, 1975, and before July 1, 1976, may be computed without regard to sections 11 (b) (2), 11(c) (2), and 11(d) (2).". SEC. 6. ROLLING STOCK. (a) EXCLUSION FROM INCOME.-Section 883(a) of the Internal Revenue Code of 1954 is hereby amended by adding at the end thereof the following new paragraph: (3) RAILROAD ROLLING STOCK OF FOREIGN CORPORATIONS.-Earn- ings derived from payments by a common carrier for the use on a temporary basis (not expected to exceed a total of 90 days in any taxable year) of railroad rolling stock owned by a corporation of H. R. 9968-7 a foreign country which grants an equivalent exemption to cor- porations organized in the United States." (b) EFFECTIVE DATE.-The amendment made by this section shall apply to payments made after November 18, 1974. SEC. 7. CERTAIN IRRIGATION FACILITIES. (a) IN GENERAL-Section 103 of the Internal Revenue Code of 1954 (relating to interest on certain governmental obligations) is amended by redesignating subsection (e) as subsection (f) and by inserting after subsection (d) the following new subsection: "(e) CERTAIN IRRIGATION DAMS.-A dam for the furnishing of water for irrigation purposes which has a subordinate use in connection with the generation of electric energy by water shall be treated as meeting the requirements of subsection (c) (4) (G) if- (1) substantially all of the stored water is contractually avail- able for release from such dam for irrigation purposes, and (2) the water SO released is available on reasonable demand to members of the general public.". (b) EFFECTIVE DATE.-The amendments made by this section shall apply to obligations issued after the date of the enactment of this Act. Speaker of the House of Representatives. Vice President of the United States and President of the Senate. FOR IMMEDIATE RELEASE DECEMBER 19, 1975 Office of the White House Press Secretary THE WHITE HOUSE STATEMENT BY THE PRESS SECRETARY The President is very pleased by the actions taken in the Congress tonight on the tax bill. The bill which has been enacted not only continues cuts in taxes for the first half of 1976 but also represents a good faith commitment by the Congress to match future tax reductions with dollar-for-dollar reductions in projected spending. This has been the essential issue at stake throughout these debates, and the President is gratified that the Congress has now accepted this principle. The essence of the bill, then, is that taxpayers will continue to enjoy a measure of tax relief in 1976 and that for the first time in history, future reductions in taxes will lead to similar reductions in spending. # # #