HR 497 IHCommentsClose CommentsPermalink

To amend the Internal Revenue Code of 1986 to provide incentives for improving mine safety.CommentsClose CommentsPermalink

January 14, 2009CommentsClose CommentsPermalink

Mr. ELLSWORTH (for himself, Mr. RAHALL, and Mr. PAUL) introduced the following bill; which was referred to the Committee on Ways and MeansCommentsClose CommentsPermalink

To amend the Internal Revenue Code of 1986 to provide incentives for improving mine safety.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,CommentsClose CommentsPermalink

SECTION 1. ADVANCED MINE SAFETY EQUIPMENT CREDIT IN LIEU OF EXPENSING.

(a) In General- Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section:CommentsClose CommentsPermalink

‘SEC. 45R. ADVANCED MINE SAFETY EQUIPMENT CREDIT.

‘(a) In General- For purposes of section 38, the advanced mine safety equipment credit determined under this section for the taxable year is an amount equal to 50 percent of the amount paid or incurred by the taxpayer during the taxable year for qualified advanced mine safety equipment property.CommentsClose CommentsPermalink





‘(b) Qualified Advanced Mine Safety Equipment Property- For purposes of this section, the term ‘qualified advanced mine safety equipment property’ means any advanced mine safety equipment property for use in any underground mine located in the United States--CommentsClose CommentsPermalink





‘(1) the original use of which commences with the taxpayer,CommentsClose CommentsPermalink





‘(2) which is property of a character subject to the allowance for depreciation, andCommentsClose CommentsPermalink





‘(3) which is placed in service by the taxpayer after the date of the enactment of this section.CommentsClose CommentsPermalink





‘(c) Advanced Mine Safety Equipment Property- For purposes of this section, the term ‘advanced mine safety equipment property’ means any of the following:CommentsClose CommentsPermalink





‘(1) Emergency communication technology or device which is used to allow a miner to maintain constant communication with an individual who is not in the mine.CommentsClose CommentsPermalink





‘(2) Electronic identification and location device which allows an individual who is not in the mine to track at all times the movements and location of miners working in or at the mine.CommentsClose CommentsPermalink





‘(3) Emergency oxygen-generating, self-rescue device which provides oxygen for at least 90 minutes.CommentsClose CommentsPermalink





‘(4) Pre-positioned supplies of oxygen which (in combination with self-rescue devices) can be used to provide each miner on a shift, in the event of an accident or other event which traps the miner in the mine or otherwise necessitates the use of such a self-rescue device, the ability to survive for at least 48 hours.CommentsClose CommentsPermalink





‘(5) Comprehensive atmospheric monitoring system which monitors the levels of carbon monoxide, methane, and oxygen that are present in all areas of the mine and which can detect smoke in the case of a fire in a mine.CommentsClose CommentsPermalink





‘(d) Basis Adjustment- For purposes of this subtitle, if a credit is determined under this section in connection with any expenditure for any property, the increase in the basis of such property which would (but for this subsection) result from such expenditure shall be reduced by the amount of the credit so determined.CommentsClose CommentsPermalink





‘(e) Reporting- No credit shall be determined under subsection (a) with respect to any taxpayer for any taxable year unless such taxpayer files with the Secretary a report containing such information with respect to the operation of the mines of the taxpayer as the Secretary shall require.’.CommentsClose CommentsPermalink





(b) Denial of Double Benefit- Section 280C of such Code is amended by adding at the end the following new subsection:CommentsClose CommentsPermalink





‘(g) Advanced Mine Safety Equipment Credit- No deduction shall be allowed for that portion of the expenses otherwise allowable as a deduction for the taxable year which is equal to the amount of the credit determined for the taxable year under section 45R(a).’.CommentsClose CommentsPermalink





(c) Allowance of Credit Against Alternative Minimum Tax- Subparagraph (B) of section 38(c)(4) of such Code is amended by redesignating clauses (vi) through (viii) as clauses (vii) through (ix), respectively, and by inserting after clause (v) the following new clause:CommentsClose CommentsPermalink





‘(vi) the credit determined under section 45R.’.CommentsClose CommentsPermalink





(d) Repeal of Election To Expense Advanced Mine Safety Equipment-CommentsClose CommentsPermalink





(1) Part VI of subchapter B of chapter 1 of such Code is amended--CommentsClose CommentsPermalink





(A) by striking section 179E, andCommentsClose CommentsPermalink





(B) by striking the item relating to such section in the table of sections of such part.CommentsClose CommentsPermalink





(2) Section 263(a)(1) of such Code is amended by striking subparagraph (L), by striking ‘, or’ at the end of subparagraph (K) and inserting a period, and by inserting ‘or’ at the end of subparagraph (J).CommentsClose CommentsPermalink





(3) Section 312(k)(3)(B) of such Code is amended by striking ‘179D, or 179E’ each place it appears in the heading and text thereof and inserting ‘or 179D’.CommentsClose CommentsPermalink





(4) Paragraphs (2)(C) and (3)(C) of section 1245(a) of such Code are each amended by striking ‘179E,’.CommentsClose CommentsPermalink





(e) Conforming Amendments-CommentsClose CommentsPermalink





(1) Section 38(b) of such Code is amended by striking ‘plus’ at the end of paragraph (34), by striking the period at the end of paragraph (35) and inserting ‘, plus’, and by adding at the end the following:CommentsClose CommentsPermalink





‘(36) the advanced mine safety equipment credit determined under section 45R(a).’.CommentsClose CommentsPermalink





(2) The table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 45Q the following new item:CommentsClose CommentsPermalink





‘Sec. 45R. Advanced mine safety equipment credit.’.CommentsClose CommentsPermalink





(f) Effective Date- The amendments made by this section shall apply to property placed in service after the date of the enactment of this Act.CommentsClose CommentsPermalink

SEC. 2. MINE RESCUE TEAM TRAINING CREDIT INCREASED, ALLOWED AGAINST AMT, AND MADE PERMANENT.

(a) Increased Credit Amount- Subsection (a) of section 45N of the Internal Revenue Code of 1986 is amended--CommentsClose CommentsPermalink





(1) by striking ‘20 percent’ in paragraph (1) and inserting ‘40 percent’, andCommentsClose CommentsPermalink





(2) by striking ‘$10,000’ in paragraph (2) and inserting ‘$20,000’.CommentsClose CommentsPermalink





(b) Allowance of Credit Against Alternative Minimum Tax- Subparagraph (B) of section 38(c)(4) of such Code, as amended by this Act, is amended by redesignating clauses (vi) through (ix) as clauses (vii) through (x), respectively, and by inserting after clause (v) the following new clause:CommentsClose CommentsPermalink





‘(vi) the credit determined under section 45N,’.CommentsClose CommentsPermalink





(c) Repeal of Termination- Section 45N of such Code is amended by striking subsection (e).CommentsClose CommentsPermalink





(d) Effective Date-CommentsClose CommentsPermalink





(1) IN GENERAL- Except as provided in paragraph (2), the amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.CommentsClose CommentsPermalink





(2) ALLOWANCE OF CREDIT AGAINST ALTERNATIVE MINIMUM TAX- The amendments made by subsection (b) shall apply to credits determined under section 45N of the Internal Revenue Code of 1986 in taxable years beginning after the date of the enactment of this Act, and to carrybacks of such credits.CommentsClose CommentsPermalink