I-SEARCH (tm) V1.89P Retrieved Documents Listing on 10/25/93 at 04:45:08. Database: USCODE Search: (48:CITE) ------DocID 54316 Document 1 of 588------ -CITE- 48 USC TITLE 48 -EXPCITE- TITLE 48 -HEAD- TITLE 48 - TERRITORIES AND INSULAR POSSESSIONS -MISC1- Chap. Sec. 1. Bureau of Insular Affairs (Omitted or Repealed) 1 2. Alaska (Omitted, Repealed, or Transferred) 21 3. Hawaii 491 4. Puerto Rico 731 5. Philippine Islands (Omitted, Repealed, or Transferred) 1001 6. Canal Zone (Omitted, Repealed, or Transferred) 1301 7. Virgin Islands 1391 8. Guano Islands 1411 8A. Guam 1421 9. Samoa, Tutuila, Manua, Swains Island, and Trust Territory of the Pacific Islands (Transferred) 1431 10. Territorial Provisions of a General Nature 1451 11. Alien Owners of Land 1501 12. Virgin Islands 1541 13. Eastern Samoa 1661 14. Trust Territory of the Pacific Islands 1681 15. Conveyance of Submerged Lands to Territories 1701 16. Delegates to Congress 1711 ------DocID 10444 Document 2 of 588------ -CITE- 7 USC CHAPTER 48 -EXPCITE- TITLE 7 CHAPTER 48 -HEAD- CHAPTER 48 - HUMANE METHODS OF LIVESTOCK SLAUGHTER -MISC1- Sec. 1901. Findings and declaration of policy. 1902. Humane methods. 1903. Repealed. 1904. Methods research; designation of methods. 1905. Repealed. 1906. Exemption of ritual slaughter. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in title 21 sections 603, 610, 620. ------DocID 12292 Document 3 of 588------ -CITE- 10 USC CHAPTER 48 -EXPCITE- TITLE 10 Subtitle A PART II CHAPTER 48 -HEAD- CHAPTER 48 - MILITARY CORRECTIONAL FACILITIES -MISC1- Sec. 951. Establishment; organization; administration. 952. Parole. 953. Remission or suspension of sentence; restoration to duty; reenlistment. 954. Voluntary extension; probation. 955. Prisoners transferred to or from foreign countries. 956. Deserters, prisoners, members absent without leave: expenses and rewards. AMENDMENTS 1984 - Pub. L. 98-525, title XIV, Sec. 1401(b)(2), Oct. 19, 1984, 98 Stat. 2615, added item 956. 1980 - Pub. L. 96-513, title V, Sec. 511(26), Dec. 13, 1980, 94 Stat. 2922, added item 955. ------DocID 17085 Document 4 of 588------ -CITE- 14 USC Sec. 48, 49 -EXPCITE- TITLE 14 PART I CHAPTER 3 -HEAD- (Sec. 48, 49. Repealed. Pub. L. 86-474, Sec. 1(7), May 14, 1960, 74 Stat. 145) -MISC1- Section 48, act Aug. 4, 1949, ch. 393, 63 Stat. 499, related to permanent grade of that Assistant Commandant and Engineer in Chief on expiration of term. Section 49, act Aug. 4, 1949, ch. 393, 63 Stat. 499, related to grade and retired pay upon retirement of Assistant Commandant or Engineer in Chief. ------DocID 17489 Document 5 of 588------ -CITE- 15 USC Sec. 48 -EXPCITE- TITLE 15 CHAPTER 2 SUBCHAPTER I -HEAD- Sec. 48. Information and assistance from departments -STATUTE- The several departments and bureaus of the Government when directed by the President shall furnish the Commission, upon its request, all records, papers, and information in their possession relating to any corporation subject to any of the provisions of this subchapter, and shall detail from time to time such officials and employees to the Commission as he may direct. -SOURCE- (Sept. 26, 1914, ch. 311, Sec. 8, 38 Stat. 722.) -TRANS- TRANSFER OF FUNCTIONS For transfer of functions of Federal Trade Commission, with certain exceptions, to Chairman of such Commission, see Reorg. Plan No. 8 of 1950, Sec. 1, eff. May 24, 1950, 15 F.R. 3175, 64 Stat. 1264, set out under section 41 of this title. -CROSS- CROSS REFERENCES Jurisdiction, powers and duties of Secretary of Agriculture in enforcing the provisions of the Packers and Stockyards Act, application of this section to, see section 222 of Title 7, Agriculture. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 7 sections 222, 610, 2146, 3807; title 21 sections 467d, 677, 1051. ------DocID 17790 Document 6 of 588------ -CITE- 15 USC Sec. 80a-48 -EXPCITE- TITLE 15 CHAPTER 2D SUBCHAPTER I -HEAD- Sec. 80a-48. Penalties -STATUTE- Any person who willfully violates any provision of this subchapter or of any rule, regulation, or order hereunder, or any person who willfully in any registration statement, application, report, account, record, or other document filed or transmitted pursuant to this subchapter or the keeping of which is required pursuant to section 80a-30(a) of this title makes any untrue statement of a material fact or omits to state any material fact necessary in order to prevent the statements made therein from being materially misleading in the light of the circumstances under which they were made, shall upon conviction be fined not more than $10,000 or imprisoned not more than five years, or both; but no person shall be convicted under this section for the violation of any rule, regulation, or order if he proves that he had no actual knowledge of such rule, regulation, or order. -SOURCE- (Aug. 22, 1940, ch. 686, title I, Sec. 49, 54 Stat. 846; June 4, 1975, Pub. L. 94-29, Sec. 27(e), 89 Stat. 163.) -MISC1- AMENDMENTS 1975 - Pub. L. 94-29 substituted 'or imprisoned not more than five years' for 'or imprisoned not more than two years'. EFFECTIVE DATE OF 1975 AMENDMENT Amendment by Pub. L. 94-29 effective June 4, 1975, see section 31(a) of Pub. L. 94-29, set out as a note under section 78b of this title. -CROSS- CROSS REFERENCES Larceny and embezzlement as subject to the penalties provided in this section, see section 80a-36 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 80a-6, 80a-35, 80a-36, 80a-58 of this title. ------DocID 18959 Document 7 of 588------ -CITE- 15 USC CHAPTER 48 -EXPCITE- TITLE 15 CHAPTER 48 -HEAD- CHAPTER 48 - HOBBY PROTECTION -MISC1- Sec. 2101. Marking requirements. (a) Political items. (b) Coins and other numismatic items. (c) Rules and regulations. (d) Exemption. 2102. Private enforcement. 2103. Enforcement by Federal Trade Commission. (a) Statutory authority. (b) Incorporation of Federal Trade Commission Act provisions. 2104. Imports. 2105. Application of other laws. 2106. Definitions. ------DocID 19698 Document 8 of 588------ -CITE- 16 USC Sec. 48 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER VI -HEAD- Sec. 48. Yosemite Valley and Mariposa Big Tree Grove reserved and made part of Yosemite National Park -STATUTE- The tracts of land embracing the Yosemite Valley and the Mariposa Big Tree Grove, described as the 'Cleft' or 'Gorge' in the granite peak of the Sierra Nevada mountains, situated in the county of Mariposa, in the State of California, and the headwaters of the Merced River, and known as the Yosemite Valley, with its branches or spurs, in estimated length fifteen miles, and in average width one mile back from the main edge of the precipice, on each side of the valley, and the tracts embracing what is known as the 'Mariposa Big Tree Grove', not to exceed the area of four sections, and to be taken in legal subdivisions of one quarter section each, together with that part of fractional sections 5 and 6, township 5 south, range 22 east, Mount Diablo meridian, California, lying south of the South Fork of Merced River and almost wholly between the Mariposa Big Tree Grove and the south boundary of the Yosemite National Park, on June 11, 1906, are reserved and withdrawn from settlement, occupancy, or sale under the laws of the United States and set apart as a national forest, subject to all the limitations, conditions, and provisions of sections 61, 471c and 471d of this title, as well as the limitations, conditions, and provisions of section 46 of this title, and shall hereafter form a part of the Yosemite National Park. -SOURCE- (June 30, 1864, ch. 184, Sec. 1, 2, 13 Stat. 325; June 11, 1906, No. 27, Sec. 1, 34 Stat. 831.) ------DocID 21430 Document 9 of 588------ -CITE- 16 USC Sec. 460uu-48 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER CVI Part E -HEAD- Sec. 460uu-48. Cooperative agreements with Federal, State and local public departments and agencies -STATUTE- In order to encourage unified and cost effective interpretation of prehistoric and historic civilizations in western New Mexico, the Secretary is authorized and encouraged to enter into cooperative agreements with other Federal, State and local public departments and agencies, Indian tribes, and nonprofit entities providing for the interpretation of prehistoric and historic civilizations in New Mexico and eastern Arizona. The Secretary may, pursuant to such agreements, cooperate in the development and operation of a multiagency orientation center and programs on lands and interests in lands inside and outside of the boundaries of the monument and the conservation area generally, with the concurrence of the owner or administrator thereof, and specifically in or near Grants, New Mexico, adjacent to Interstate 40 in accordance with the plan required pursuant to section 460uu-41 of this title. -SOURCE- (Pub. L. 100-225, title V, Sec. 508, Dec. 31, 1987, 101 Stat. 1548.) ------DocID 23263 Document 10 of 588------ -CITE- 16 USC CHAPTER 48 -EXPCITE- TITLE 16 CHAPTER 48 -HEAD- CHAPTER 48 - NATIONAL AQUACULTURE POLICY, PLANNING, AND DEVELOPMENT -MISC1- Sec. 2801. Congressional findings, purpose, and policy. (a) Findings. (b) Purpose. (c) Policy. 2802. Definitions. 2803. National Aquaculture Development Plan. (a) In general. (b) Contents of Plan. (c) Actions and implementation. (d) Revision of Plan. (e) Continuing aquaculture assessment. 2804. Functions and powers of Secretaries. (a) Mandatory functions. (b) Discretionary functions. (c) Information services. (d) Biennial report. 2805. Coordination of national activities regarding aquaculture. (a) Establishment. (b) Purpose and functions. (c) Reports. (d) Federal consistency. (e) Functions if Federal Council terminated. 2806. Contracts and grants. (a) In general. (b) Terms and conditions. (c) Limitation. (d) Audit. 2807. Capital requirements for aquaculture. (a) Capital requirements study. (b) Capital requirements plan. 2808. Regulatory constraints on aquaculture. (a) Regulatory constraints study. (b) Regulatory constraints plan. 2809. Authorizations for appropriations. 2810. Disclaimer. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in title 7 sections 3321, 3322. ------DocID 25139 Document 11 of 588------ -CITE- 18 USC Rule 48 -EXPCITE- TITLE 18 RULES OF CRIMINAL PROCEDURE FOR THE UNITED STATES DISTRICT COURTS X -HEAD- Rule 48. Dismissal -STATUTE- (a) By Attorney for Government. The Attorney General or the United States attorney may by leave of court file a dismissal of an indictment, information or complaint and the prosecution shall thereupon terminate. Such a dismissal may not be filed during the trial without the consent of the defendant. (b) By Court. If there is unnecessary delay in presenting the charge to a grand jury or in filing an information against a defendant who has been held to answer to the district court, or if there is unnecessary delay in bringing a defendant to trial, the court may dismiss the indictment, information or complaint. -MISC1- NOTES OF ADVISORY COMMITTEE ON RULES Note to Subdivision (a). 1. The first sentence of this rule will change existing law. The common-law rule that the public prosecutor may enter a nolle prosequi in his discretion, without any action by the court, prevails in the Federal courts, Confiscation Cases, 7 Wall. 454, 457; United States v. Woody, 2 F.2d 262 (D.Mont.). This provision will permit the filing of a nolle prosequi only by leave of court. This is similar to the rule now prevailing in many States. A.L.I. Code of Criminal Procedure, Commentaries, pp. 895-897. 2. The rule confers the power to file a dismissal by leave of court on the Attorney General, as well as on the United States attorney, since under existing law the Attorney General exercises 'general superintendence and direction' over the United States attorneys 'as to the manner of discharging their respective duties,' 5 U.S.C. 317 (now 28 U.S.C. 509, 547). Moreover it is the administrative practice for the Attorney General to supervise the filing of a nolle prosequi by United States attorneys. Consequently it seemed appropriate that the Attorney General should have such power directly. 3. The rule permits the filing of a dismissal of an indictment, information or complaint. The word 'complaint' was included in order to resolve a doubt prevailing in some districts as to whether the United States attorney may file a nolle prosequi between the time when the defendant is bound over by the United States commissioner and the finding of an indictment. It has been assumed in a few districts that the power does not exist and that the United States attorney must await action of the grand jury, even if he deems it proper to dismiss the prosecution. This situation is an unnecessary hardship to some defendants. 4. The second sentence is a restatement of existing law, Confiscation Cases, 7 Wall. 454-457; United States v. Shoemaker, 27 Fed. Cases No. 16, 279 (C.C.Ill.). If the trial has commenced, the defendant has a right to insist on a disposition on the merits and may properly object to the entry of a nolle prosequi. Note to Subdivision (b). This rule is a restatement of the inherent power of the court to dismiss a case for want of prosecution. Ex parte Altman, 34 F.Supp. 106 (S.D.Cal.). -CROSS- FEDERAL RULES OF CIVIL PROCEDURE Dismissal for failure to prosecute by the plaintiff, see rule 41, Title 28, Appendix, Judiciary and Judicial Procedure. ------DocID 25180 Document 12 of 588------ -CITE- 19 USC Sec. 48 -EXPCITE- TITLE 19 CHAPTER 1 -HEAD- Sec. 48. Repealed. Aug. 2, 1946, ch. 744, Sec. 2, 60 Stat. 807, eff. Nov. 1, 1946 -MISC1- Section, acts Mar. 4, 1923, ch. 251, Sec. 5, 42 Stat. 1454; June 17, 1930, ch. 497, title IV, Sec. 645(b), 46 Stat. 761, related to travel, subsistence, and transportation expenses of customs officers and employees. These provisions are covered generally in chapter 57 of Title 5, Government Organization and Employees. ------DocID 26098 Document 13 of 588------ -CITE- 20 USC Sec. 48 -EXPCITE- TITLE 20 CHAPTER 3 SUBCHAPTER I -HEAD- Sec. 48. Salary and removal of Secretary and assistants -STATUTE- The Secretary and his assistants shall, respectively, receive for their services such sum as may be allowed by the Board of Regents; and shall be removable by the Board of Regents whenever, in their judgment, the interests of the institution require such removal. -SOURCE- (R.S. Sec. 5584.) -COD- CODIFICATION R.S. Sec. 5584 derived from act Aug. 10, 1846, ch. 178, Sec. 7, 9 Stat. 105. Provisions which related to semi-annual payments on the first day of January and July have been omitted. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 57, 67 of this title. ------DocID 27816 Document 14 of 588------ -CITE- 20 USC CHAPTER 48 -EXPCITE- TITLE 20 CHAPTER 48 -HEAD- CHAPTER 48 - DEPARTMENT OF EDUCATION -MISC1- SUBCHAPTER I - GENERAL PROVISIONS Sec. 3401. Congressional findings. 3402. Congressional declaration of purpose. 3403. Relationship with States. (a) Rights of local governments and educational institutions. (b) Curriculum, administration, and personnel; library resources. (c) Funding under pre-existing programs. 3404. Definitions. SUBCHAPTER II - ESTABLISHMENT OF THE DEPARTMENT 3411. Establishment of Department; appointment of Secretary. 3412. Principal officers. (a) Deputy Secretary of Education. (b) Assistant Secretaries and General Counsel. (c) Inspector General. (d) Additional officers. (e) Repealed. (f) Statements of functions of nominees. (g) Supervision by Secretary. 3413. Office for Civil Rights. (a) Establishment; administration; delegation of functions. (b) Compliance and enforcement reports; copies submitted to Secretary. (c) Authority of Assistant Secretary. 3414. Office of Elementary and Secondary Education; inclusion of Office of Migrant Education. 3415. Office of Postsecondary Education. 3416. Office of Vocational and Adult Education. 3417. Office of Special Education and Rehabilitative Services. 3418. Repealed. 3419. Office of Educational Research and Improvement. 3420. Office of Bilingual Education and Minority Languages Affairs. 3421. Office of General Counsel. 3422. Office of Inspector General. 3423. Repealed. 3423a. Office of Correctional Education. (a) Findings. (b) Statement of purpose. (c) Establishment of Office. (d) Functions of Office. (e) Definitions. 3424. Federal Interagency Committee on Education. (a) Establishment and function. (b) Coordination of Federal programs, policies and practices. (c) Membership. (d) Designation of additional persons to attend meetings. (e) Federal vocational education and training programs study; report. (f) Required meetings; establishment of subcommittees. (g) Support assistance. SUBCHAPTER III - TRANSFERS OF AGENCIES AND FUNCTIONS 3441. Transfers from Department of Health, Education, and Welfare. (a) Functions transferred to Secretary. (b) Offices, etc., transferred to Department. (c) Administrative functions transferred to Secretary. (d) Reservation of functions relating to Project Head Start. 3442. Repealed. 3443. Transfers from Department of Labor. (a) Functions relating to programs for the education of migrant and seasonal farmworkers. (b) Authorization to conduct functions. 3444. Transfer of programs from National Science Foundation. (a) Science education; exceptions. (b) Authority of Secretary; consultation and advice. (c) Report by Secretary. (d) Reservation of certain Foundation authority. 3445. Transfers from Department of Justice. 3446. Transfers from Department of Housing and Urban Development. 3447. Effect of transfers. SUBCHAPTER IV - ADMINISTRATIVE PROVISIONS PART A - PERSONNEL PROVISIONS 3461. Officers and employees. (a) Appointment and compensation. (b) Applicability of General Schedule; termination of authority; exemption from limitations on executive positions. (c) Repealed. (d) Senior Executive Service. (e) Indian preference laws. 3462. Experts and consultants. 3463. Personnel reduction and annual limitations. (a) Work-years limitation; allocations and reports; adjustments. (b) Full-time equivalent personnel reductions. (c) Personnel computations. (d) Report on effects of reorganization on employees. PART B - GENERAL ADMINISTRATIVE PROVISIONS 3471. General authority. (a) Force and effect of actions by Secretary. (b) Reporting requirements. 3472. Delegation of functions. 3473. Reorganization of Department. (a) Authorization; limitations. (b) Alteration, consolidation, or discontinuance of statutory and organizational entities. 3474. Rules and regulations. (a) Authorization. (b) Applicability of Federal law. 3475. Contracts. (a) Authorization of Secretary. (b) Limitations. 3476. Regional and field offices. 3477. Acquisition and maintenance of property. (a) Authorized properties; establishment of necessary facilities. (b) Day care center facilities. (c) Special purpose facilities. 3478. Facilities at remote locations. (a) Authorized services, supplies and facilities. (b) Reimbursements. (c) Appropriation credits and refunds. 3479. Use of facilities. (a) Federal, State, local and foreign government facilities. (b) Public and private permittees. (c) Appropriation credits and refunds. (d) Interests in real property. 3480. Copyrights and patents. 3481. Gifts and bequests. 3482. Technical advice. (a) Authorization. (b) Consolidation of applications for grants and contracts. 3483. Working capital fund. (a) Establishment; administrative services included. (b) Capital; reimbursement of funds; credit; miscellaneous receipts; transfers. 3484. Funds transfer. 3485. Seal of Department. 3486. Annual report. (a) Contents. (b) Estimate on non-Federal personnel employed. 3487. Relation to general education provisions. 3488. Authorization of appropriations. 3489. General extension of authorizations. SUBCHAPTER V - TRANSITIONAL, SAVINGS, AND CONFORMING PROVISIONS 3501. Transfer and allocation of appropriations and personnel. (a) Personnel and appropriations in connection with functions and offices transferred by this chapter; use of unexpended funds. (b) Positions specified to carry out functions or offices transferred by this chapter. 3502. Effect on personnel. (a) Non-separation or non-reduction in grade or compensation of full-time personnel and part-time personnel holding permanent positions. (b) Positions compensated in accordance with Executive Schedule. 3503. Agency terminations. (a) Specific terminations. (b) Positions authorized to be compensated at rate prescribed for level IV or V of the Executive Schedule. 3504. Incidental transfers. (a) Authorization of Director of Office of Management and Budget; termination of affairs. (b) Transfer of positions within Senior Executive Service. 3505. Savings provisions. (a) Orders, determinations, etc. (b) Proceedings and applications; transfer. (c) Actions. (d) Liabilities incurred. (e) Parties. (f) Review. 3506. Separability. 3507. Existing references to transferor officials or bodies deemed references to transferee officials or bodies. 3508. Department of Health and Human Services. (a) Redesignation of Department of Health, Education, and Welfare. (b) Reference to Department, Secretary, etc. of Health, Education, and Welfare deemed reference to Department, Secretary, etc. of Health and Human Services. 3509. Coordination of programs for handicapped. 3510. Transitional provisions. ------DocID 28274 Document 15 of 588------ -CITE- 21 USC Sec. 48 -EXPCITE- TITLE 21 CHAPTER 2 -HEAD- Sec. 48. Reexamination; findings by examiner; assistance of experts -STATUTE- In cases of reexamination of teas, or merchandise described as teas, by the United States Board of Tea Appeals in pursuance of the provisions of this chapter, samples of the tea, or merchandise described as tea, in dispute, for transmission to such board for its decision, shall be put up and sealed by the examiner in the presence of the importer or consignee if he so desires, and transmitted to such board, together with a copy of the finding of the examiner, setting forth the cause of condemnation and the claim or ground of the protest of the importer relating to the same, such samples, and the papers therewith, to be distinguished by such mark that the same may be identified. The decision of such board shall be in writing, signed by them, and transmitted, together with the record and samples, within three days after the rendition thereof, to the collector, who shall forthwith furnish the examiner and the importer or consignee with a copy of said decision or finding. The United States Board of Tea Appeals shall be authorized to obtain the advice, when necessary, of persons skilled in the examination of teas, who shall each receive for his services in any particular case a compensation not exceeding $5. -SOURCE- (Mar. 2, 1897, ch. 358, Sec. 8, 29 Stat. 606; May 31, 1920, ch. 217, 41 Stat. 712.) -TRANS- TRANSFER OF FUNCTIONS For abolition of the offices of the collector of customs, see note set out under section 44 of this title. ------DocID 30700 Document 16 of 588------ -CITE- 22 USC CHAPTER 48 -EXPCITE- TITLE 22 CHAPTER 48 -HEAD- CHAPTER 48 - TAIWAN RELATIONS -MISC1- Sec. 3301. Congressional findings and declaration of policy. (a) Findings. (b) Policy. (c) Human rights. 3302. Implementation of United States policy with regard to Taiwan. (a) Defense articles and services. (b) Determination of Taiwan's defense needs. (c) United States response to threats to Taiwan or dangers to United States interests. 3303. Application to Taiwan of laws and international agreements. (a) Application of United States laws generally. (b) Application of United States laws in specific and enumerated areas. (c) Treaties and other international agreements. (d) Membership in international financial institutions and other international organizations. 3304. Overseas Private Investment Corporation. (a) Removal of per capita income restriction on Corporation activities with respect to investment projects on Taiwan. (b) Application by Corporation of other criteria. 3305. The American Institute in Taiwan. (a) Conduct of programs, transactions, or other relations with respect to Taiwan. (b) Agreements or transactions relative to Taiwan entered into, performed, and enforced. (c) Preemption of laws, rules, regulations, or ordinances of District of Columbia, States, or political subdivisions of States. 3306. Services to United States citizens on Taiwan. (a) Authorized services. (b) Acts by authorized employees. 3307. Exemption from taxation. (a) United States, State, or local taxes. (b) Charitable contributions; transfers for public, charitable, and religious uses; charitable and similar gifts. 3308. Activities of United States Government agencies. (a) Sale, loans, or lease of property; administrative and technical support functions and services. (b) Acquisition and acceptance of services. (c) Institute books and records; access; audit. 3309. Taiwan instrumentality. (a) Establishment of instrumentality; Presidential determination of necessary authority. (b) Offices and personnel. (c) Privileges and immunities. 3310. Employment of United States Government agency personnel. (a) Separation from Government service; reemployment or reinstatement upon termination of Institute employment; benefits. (b) Employment of aliens on Taiwan. (c) Institute employees not deemed United States employees. (d) Tax treatment of amounts paid Institute employees. 3310a. Commercial personnel at American Institute of Taiwan. 3311. Reporting requirements. (a) Texts of agreements to be transmitted to Congress; secret agreements to be transmitted to Senate Foreign Relations Committee and House Foreign Affairs Committee. (b) Agreements. (c) Congressional notification, review, and approval requirements and procedures. 3312. Rules and regulations. 3313. Congressional oversight. (a) Monitoring activities of Senate Foreign Relations Committee, House Foreign Affairs Committee, and other Congressional committees. (b) Committee reports to their respective Houses. 3314. Definitions. 3315. Authorization of appropriations. 3316. Severability. ------DocID 31523 Document 17 of 588------ -CITE- 24 USC Sec. 48 to 50 -EXPCITE- TITLE 24 CHAPTER 2 -HEAD- Sec. 48 to 50. Repealed. Pub. L. 101-510, div. A, title XV, Sec. 1532(b)(1), (2), Nov. 5, 1990, 104 Stat. 1733 -MISC1- Section 48, act Mar. 3, 1883, ch. 130, Sec. 9, 22 Stat. 565, related to borrowing money on credit of Soldiers' Home. Section 49, R.S. Sec. 4814, 4821, related to persons entitled to membership in and benefits of Soldiers' Home. Section 50, R.S. Sec. 4822, related to persons excluded from benefits of Soldiers' Home. EFFECTIVE DATE OF REPEAL Repeal effective one year after Nov. 5, 1990, see section 1541(a) of Pub. L. 101-510, set out as an Effective Date note under section 401 of this title. ------DocID 31721 Document 18 of 588------ -CITE- 25 USC Sec. 48 -EXPCITE- TITLE 25 CHAPTER 2 -HEAD- Sec. 48. Right of tribes to direct employment of persons engaged for them -STATUTE- Where any of the tribes are, in the opinion of the Secretary of the Interior, competent to direct the employment of their blacksmiths, mechanics, teachers, farmers, or other persons engaged for them, the direction of such persons may be given to the proper authority of the tribe. -SOURCE- (R.S. Sec. 2072.) -COD- CODIFICATION R.S. Sec. 2072 derived from act June 30, 1834, ch. 162, Sec. 9, 4 Stat. 737. -TRANS- TRANSFER OF FUNCTIONS For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, Sec. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 450i of this title. ------DocID 33570 Document 19 of 588------ -CITE- 26 USC Sec. 48 -EXPCITE- TITLE 26 Subtitle A CHAPTER 1 Subchapter A PART IV Subpart E -HEAD- Sec. 48. Energy credit; reforestation credit -STATUTE- (a) Energy credit (1) In general For purposes of section 46, the energy credit for any taxable year is the energy percentage of the basis of each energy property placed in service during such taxable year. (2) Energy percentage (A) In general Except as provided in subparagraph (B), the energy percentage is 10 percent. (B) Termination Effective with respect to periods after December 31, 1991, the energy percentage is zero. For purposes of the preceding sentence, rules similar to the rules of section 48(m) (as in effect on the day before the date of the enactment of the Revenue Reconciliation Act of 1990) shall apply. (C) Coordination with rehabilitation credit The energy percentage shall not apply to that portion of the basis of any property which is attributable to qualified rehabilitation expenditures. (3) Energy property For purposes of this subpart, the term 'energy property' means any property - (A) which is - (i) equipment which uses solar energy to generate electricity, to heat or cool (or provide hot water for use in) a structure, or to provide solar process heat, or (ii) equipment used to produce, distribute, or use energy derived from a geothermal deposit (within the meaning of section 613(e)(2)), but only, in the case of electricity generated by geothermal power, up to (but not including) the electrical transmission stage, (B)(i) the construction, reconstruction, or erection of which is completed by the taxpayer, or (ii) which is acquired by the taxpayer if the original use of such property commences with the taxpayer, (C) with respect to which depreciation (or amortization in lieu of depreciation) is allowable, and (D) which meets the performance and quality standards (if any) which - (i) have been prescribed by the Secretary by regulations (after consultation with the Secretary of Energy), and (ii) are in effect at the time of the acquisition of the property. The term 'energy property' shall not include any property which is public utility property (as defined in section 46(f)(5) as in effect on the day before the date of the enactment of the Revenue Reconciliation Act of 1990). (4) Special rule for property financed by subsidized energy financing or industrial development bonds (A) Reduction of basis For purposes of applying the energy percentage to any property, if such property is financed in whole or in part by - (i) subsidized energy financing, or (ii) the proceeds of a private activity bond (within the meaning of section 141) the interest on which is exempt from tax under section 103, the amount taken into account as the basis of such property shall not exceed the amount which (but for this subparagraph) would be so taken into account multiplied by the fraction determined under subparagraph (B). (B) Determination of fraction For purposes of subparagraph (A), the fraction determined under this subparagraph is 1 reduced by a fraction - (i) the numerator of which is that portion of the basis of the property which is allocable to such financing or proceeds, and (ii) the denominator of which is the basis of the property. (C) Subsidized energy financing For purposes of subparagraph (A), the term 'subsidized energy financing' means financing provided under a Federal, State, or local program a principal purpose of which is to provide subsidized financing for projects designed to conserve or produce energy. (5) Certain progress expenditure rules made applicable Rules similar to the rules of subsections (c)(4) and (d) of section 46 (as in effect on the day before the date of the enactment of the Revenue Reconciliation Act of 1990) shall apply for purposes of this subsection. (b) Reforestation credit (1) In general For purposes of section 46, the reforestation credit for any taxable year is 10 percent of the portion of the amortizable basis of any qualified timber property which was acquired during such taxable year and which is taken into account under section 194 (after the application of section 194(b)(1)). (2) Definitions For purposes of this subpart, the terms 'amortizable basis' and 'qualified timber property' have the respective meanings given to such terms by section 194. -SOURCE- (Added Pub. L. 87-834, Sec. 2(b), Oct. 16, 1962, 76 Stat. 967, and amended Pub. L. 88-272, title II, Sec. 203(a)(1), (3)(A), (b), (c), Feb. 26, 1964, 78 Stat. 33, 34; Pub. L. 89-800, Sec. 1 Nov. 8, 1966, 80 Stat. 1508; Pub. L. 89-809, title II, Sec. 201(a), Nov. 13, 1966, 80 Stat. 1575; Pub. L. 90-26, Sec. 1, 2(a), 3, June 13, 1967, 81 Stat. 57, 58; Pub. L. 91-172, title I, Sec. 121(d)(2)(A), title IV, Sec. 401(e)(2)-(4), Dec. 30, 1969, 83 Stat. 547, 603; Pub. L. 92-178, title I, Sec. 102(a)(2), 103, 104(a)(1), (b)-(f)(1), (g), 108(b), (c), Dec. 10, 1971, 85 Stat. 499-502, 507; Pub. L. 94-12, title III, Sec. 301(c)(1), 302(c)(3), title VI, Sec. 604(a), Mar. 29, 1975, 89 Stat. 38, 44, 65; Pub. L. 94-455, title VIII, Sec. 802(b)(6), 804(a), title X, Sec. 1051(h)(1), title XIX, Sec. 1901(a)(5), (b)(11)(A), 1906(b)(13)(A), title XXI, Sec. 2112(a)(1), Oct. 4, 1976, 90 Stat. 1583, 1591, 1647, 1764, 1795, 1834, 1905; Pub. L. 95-473, Sec. 2(a)(2)(A), Oct. 17, 1978, 92 Stat. 1464; Pub. L. 95-600, title I, Sec. 141(b), title III, Sec. 312(c)(1)-(3), 314(a), (b), 315(a)-(c), title VII, Sec. 703(a)(3), (4), Nov. 6, 1978, 92 Stat. 2791, 2826-2829, 2939; Pub. L. 95-618, title III, Sec. 301(b), (d)(1), (2), Nov. 9, 1978, 92 Stat. 3195, 3199, 3200; Pub. L. 96-222, title I, Sec. 101(a)(7)(G), (H), (L)(i)(I)-(IV), (ii)(III)-(VI), (iii)(II), (III), (v)(II)-(V), (M)(ii), (iii), 103(a)(2)(A), (4)(B), 108(c)(6), Apr. 1, 1980, 94 Stat. 198-201, 208, 209, 228; Pub. L. 96-223, title II, Sec. 221(b), 222(a)-(e)(1), (f)-(i), 223(a)(1), (c)(1), Apr. 2, 1980, 94 Stat. 261-266; Pub. L. 96-451, title III, Sec. 302(a), Oct. 14, 1980, 94 Stat. 1991; Pub. L. 96-605, title I, Sec. 109(a), title II, Sec. 223(a), Dec. 28, 1980, 94 Stat. 3525, 3528; Pub. L. 97-34, title II, Sec. 211(a)(2), (c), (e)(3), (4), (h), 212(a)(3), (b), (c), (d)(2)(A), 213(a), 214(a), (b), title III, Sec. 332(b), Aug. 13, 1981, 95 Stat. 227-229, 235, 236, 239, 240, 296; Pub. L. 97-248, title II, Sec. 205(a)(1), (4), (5)(A), 209(c), Sept. 3, 1982, 96 Stat. 427, 429, 447; Pub. L. 97-354, Sec. 3(d), 5(a)(7), (8), Oct. 19, 1982, 96 Stat. 1689, 1692; Pub. L. 97-362, title I, Sec. 104(a), Oct. 25, 1982, 96 Stat. 1729; Pub. L. 97-424, title V, Sec. 546(a), Jan. 6, 1983, 96 Stat. 2198; Pub. L. 97-448, title I, Sec. 102(e)(2)(A), (f)(2), (3), (6), title II, Sec. 202(c), title III, Sec. 306(a)(3), Jan. 12, 1983, 96 Stat. 2371, 2372, 2396, 2400; Pub. L. 98-369, div. A, title I, Sec. 11, 31(b), (c), 111(e)(8), 113(a)(1), (b)(3), (4), 114(a), title IV, Sec. 431(c), 474(o)(10)-(18), title VII, Sec. 712(b), 721(x)(1), 735(c)(1), title X, Sec. 1043(a), July 18, 1984, 98 Stat. 503, 517, 518, 633, 635, 637, 638, 808, 836, 837, 946, 971, 981, 1044; Pub. L. 99-121, title I, Sec. 103(b)(5), Oct. 11, 1985, 99 Stat. 510; Pub. L. 99-514, title II, Sec. 251(b), (c), title VII, Sec. 701(e)(4)(C), title VIII, Sec. 803(b)(2)(B), title XII, Sec. 1272(d)(5), 1275(c)(5), title XV, Sec. 1511(c)(3), title XVIII, Sec. 1802(a)(4)(C), (5)(B), (9)(A), (B), 1809(d)(2), (e), 1847(b)(6), 1879(j)(1), Oct. 22, 1986, 100 Stat. 2184, 2186, 2343, 2355, 2594, 2599, 2745, 2788, 2789, 2821, 2856, 2908; Pub. L. 100-647, title I, Sec. 1002(a)(14), (16)(A), (20), (29), (30), 1013(a)(41), Nov. 10, 1988, 102 Stat. 3355-3357, 3544; Pub. L. 101-508, title XI, Sec. 11801(c)(6)(A), 11813(a), Nov. 5, 1990, 104 Stat. 1388-523, 1388-541.) -REFTEXT- REFERENCES IN TEXT The date of the enactment of the Revenue Reconciliation Act of 1990, referred to in subsec. (a)(2)(B), (3), and (5), is the date of enactment of Pub. L. 101-508, which was approved Nov. 5, 1990. -MISC2- AMENDMENTS 1990 - Pub. L. 101-508, Sec. 11813(a), amended section generally, substituting section catchline for one which read: 'Definitions; special rules' and in text substituting present provisions for provisions defining section 38 property, new section 38 property, used section 38 property, provisions relating to certain leased property, estates and trusts, special rules for qualified rehabilitated buildings, credit for movie and television films, treatment of energy property, application of certain transitional rules, definitions of certain credits, definition of single purpose agricultural or horticultural structure, basis adjustment to section 38 property, certain section 501(d) organizations, special rules relating to sound recordings, and a cross reference to section 381 of this title. Subsec. (a)(8). Pub. L. 101-508, Sec. 11801(c)(6)(A), struck out par. (8) 'Amortized property' which read as follows: 'Any property with respect to which an election under section 167(k), 184, or 188 applies shall not be treated as section 38 property.' 1988 - Subsec. (a)(1). Pub. L. 100-647, Sec. 1002(a)(29), which directed amendment of par. (1) by substituting 'property to which section 168 applies' for 'recovery property (within the meaning of section 168)' in penultimate sentence, was executed by making the substitution for 'recovery property (within the meaning of section 168', which results in retaining remaining parenthetical material and closing parenthesis. Subsec. (a)(5)(A)(ii). Pub. L. 100-647, Sec. 1002(a)(14)(A)-(C), substituted '168(h)(2)(C)' for '168(j)(4)(C)', '168(h)(2)(A)(iii)' for '168(j)(4)(A)(iii)', and '168(h)(2)(B)' for '168(j)(4)(B)'. Subsec. (a)(5)(B)(i). Pub. L. 100-647, Sec. 1002(a)(14)(D), substituted '168(i)(3)' for '168(j)(6)'. Subsec. (a)(5)(B)(ii). Pub. L. 100-647, Sec. 1002(a)(14)(E), substituted '168(h)(1)(C)(ii)' for '168(j)(3)(C)(ii)'. Subsec. (a)(5)(D). Pub. L. 100-647, Sec. 1002(a)(14)(F), substituted 'paragraphs (5) and (6) of section 168(h)' for 'paragraphs (8) and (9) of section 168(j)'. Subsec. (a)(5)(E). Pub. L. 100-647, Sec. 1002(a)(14)(G), amended subpar. (E) generally, substituting 'provision' for 'provisions' and '168(h)' for '168(j)'. Subsec. (l)(2)(C). Pub. L. 100-647, Sec. 1002(a)(30), substituted 'to which section 168 applies' for 'which is recovery property (within the meaning of section 168)'. Subsec. (l)(11)(A)(ii). Pub. L. 100-647, Sec. 1013(a)(41), substituted 'a private activity bond (within the meaning of section 141)' for 'an industrial development bond (within the meaning of section 103(b)(2))'. Subsec. (s). Pub. L. 100-647, Sec. 1002(a)(20), redesignated subsec. (s), relating to cross reference, as (t). Subsec. (s)(9). Pub. L. 100-647, Sec. 1002(a)(16)(A), added par. (9). Subsec. (t). Pub. L. 100-647, Sec. 1002(a)(20), redesignated subsec. (s), relating to cross reference, as (t). 1986 - Subsec. (a)(2)(B)(vii). Pub. L. 99-514, Sec. 1272(d)(5), 1275(c)(5), struck out '932,' after '931,' and 'or which is entitled to the benefits of section 934(b)' after 'in effect under section 936', and substituted 'or 933' for ', 933, or 934(c)'. Subsec. (a)(4). Pub. L. 99-514, Sec. 1802(a)(9)(A), substituted '514(b)' for '514(c)' and '514(a)' for '514(b)'. Subsec. (a)(5)(B)(iii). Pub. L. 99-514, Sec. 1802(a)(5)(B), struck out cl. (iii) which provided that (I) in the case of any aircraft used under a qualifying lease (as defined in section 47(a)(7)(C)) and which is leased to a foreign person or entity before January 1, 1990, clause (i) shall be applied by substituting '3 years' for '6 months' and that (II) for purposes of applying section 47(a)(1) and (5)(B) there shall not be taken into account any period of a lease to which subclause (I) applies. Subsec. (a)(5)(D), (E). Pub. L. 99-514, Sec. 1802(a)(4)(C), added subpar. (D) and redesignated former subpar. (D) as (E). Subsec. (b)(1). Pub. L. 99-514, Sec. 1809(e)(1), inserted 'Such term includes any section 38 property the reconstruction of which is completed by the taxpayer, but only with respect to that portion of the basis which is properly attributable to such reconstruction.' Subsec. (b)(2). Pub. L. 99-514, Sec. 1809(e)(2), in introductory provisions substituted 'the first sentence of paragraph (1)' for 'paragraph (1)', in subpar. (B) substituted '3 months after' for '3 months of', in closing provisions substituted 'used under the leaseback (or lease) referred to in subparagraph (B)' for 'used under the lease' and inserted 'The preceding sentence shall not apply to any property if the lessee and lessor of such property make an election under this sentence. Such an election, once made, may be revoked only with the consent of the Secretary.' Subsec. (d)(4)(D). Pub. L. 99-514, Sec. 701(e)(4)(C), inserted '(as in effect on the day before the date of the enactment of the Tax Reform Act of 1986)'. Subsec. (d)(6)(C)(ii). Pub. L. 99-514, Sec. 1511(c)(3), substituted 'the underpayment rate' for 'the rate' in closing provisions. Subsec. (g)(1). Pub. L. 99-514, Sec. 251(b), amended par. (1) generally, restating in subpars. (A) to (D) provisions relating to qualified rehabilitated buildings which had in subpar. (A) provided general definition of qualified rehabilitated building, in subpar. (B) directed that 30 years must have elapsed since construction, in subpar. (C) provided general definition of substantially rehabilitated with special rule for phased rehabilitation and application of provision to lessees, and in subpar. (D) provided that rehabilitation included reconstruction, and striking out former subpar. (E) which had provided an alternative test for definition of qualified rehabilitated building. Subsec. (g)(2). Pub. L. 99-514, Sec. 251(b), amended par. (2) generally, in subpar. (A) striking out reference to amounts 'incurred after December 31, 1981' in introductory provision, and in cl. (i) substituting subcls. (I) to (IV) for 'for real property (or additions or improvements to real property) which have a recovery period (within the meaning of section 168) of 19 (15 years in the case of low-income housing) years,', in subpar. (B), in cl. (i), substituting provision relating to use of straight line depreciation for provision relating to use of accelerated methods of depreciation, redesignating former cl. (vi) as (v) and substituting 'section 168(h)' for 'section 168(j)', redesignating former cl. (v) as (vi) and substituting 'less than the recovery period determined under section 168(c)' for 'less than 19 years (15 years in the case of low-income housing', restating subpar. (C) without change, and in subpar. (D) substituting provisions defining nonresidential real property, residential rental property and class life for provisions defining low-income housing. Subsec. (g)(2)(B)(vi)(I). Pub. L. 99-514, Sec. 1802(a)(9)(B), substituted 'section 168(j)' for 'section 168(j)(3)'. Subsec. (g)(3). Pub. L. 99-514, Sec. 251(b), in amending par. (3) generally, inserted introductory phrase 'For purposes of this subsection - '. Subsec. (g)(4). Pub. L. 99-514, Sec. 251(b), in amending subsec. (g) generally, reenacted par. (4) without change. Subsec. (l)(5). Pub. L. 99-514, Sec. 1847(b)(6), substituted 'section 23(c)' for 'section 44C(c)' and 'section 23(c)(4)(A)(viii)' for 'section 44C(c)(4)(A)(viii)'. Subsec. (q)(3). Pub. L. 99-514, Sec. 251(c), struck out 'other than a certified historic structure' after 'qualified rehabilitated building'. Subsec. (q)(7). Pub. L. 99-514, Sec. 1809(d)(2), renumbered par. (6), relating to special rule for qualified films, as (7). Subsec. (r). Pub. L. 99-514, Sec. 1879(j)(1), added subsec. (r). Former subsec. (r) redesignated (s). Subsec. (s). Pub. L. 99-514, Sec. 1879(j)(1), redesignated former subsec. (r) as (s). Subsec. (s)(5). Pub. L. 99-514, Sec. 803(b)(2)(B), which directed the general amendment of par. (5) of subsec. (r), was executed by amending par. (5) of subsec. (s) to reflect the probable intent of Congress and the intervening redesignation of subsec. (r) as (s) by Pub. L. 99-514, Sec. 1879(j)(1), see note above. Prior to amendment, par. (5) read as follows: 'For purposes of this subsection, the term 'sound recording' means any sound recording described in section 280(c)(2).' 1985 - Subsec. (g)(2)(A)(i), (B)(v). Pub. L. 99-121 substituted '19' for '18'. 1984 - Subsec. (a)(5). Pub. L. 98-369, Sec. 31(b), amended par. (5) generally, to extend its scope to encompass property used by foreign persons or entities and to create an exception for short-term leases by substituting provisions covered by subpars. (A) to (D) for former provisions which had directed that property used by the United States, any State or political subdivision thereof, any international organization, or any agency or instrumentality of any of the foregoing not be treated as section 38 property, that for purposes of that prohibition the International Telecommunications Satellite Consortium, the International Maritime Satellite Organization, and any successor organization of such Consortium or Organization not be treated as an international organization, and that if any qualified rehabilitated building were used by the governmental unit pursuant to a lease, this paragraph would not apply to that portion of the basis of such building attributable to qualified rehabilitation expenditures. Subsec. (b). Pub. L. 98-369, Sec. 114(a), amended subsec. (b) generally, substituting a general definition of 'new section 38 property' for definitions which made reference to property constructed, reconstructed or erected after December 31, 1961, and adding pars. (2) and (3). Subsec. (c)(2)(A). Pub. L. 98-369, Sec. 11(a), substituted '$125,000 ($150,000 for taxable years beginning after 1987)' for '$150,000 ($125,000 for taxable years beginning in 1981, 1982, 1983, or 1984)' in first sentence, and '$125,000 (or $150,000' for '$150,000 (or $125,000' in two places in second sentence. Subsec. (c)(2)(B). Pub. L. 98-369, Sec. 11(b), substituted '$62,500 ($75,000 for taxable years beginning after 1987)' for '$75,000 ($62,500 for taxable years beginning in 1981, 1982, 1983, or 1984)'. Subsec. (c)(3)(B). Pub. L. 98-369, Sec. 474(o)(10), substituted 'section 39' for 'section 46(b)'. Subsec. (d)(1)(B). Pub. L. 98-369, Sec. 474(o)(11), substituted 'section 38(c)(3)(B)' for 'section 46(a)(6)'. Subsec. (d)(6). Pub. L. 98-369, Sec. 431(c), added par. (6). Subsec. (f)(3). Pub. L. 98-369, Sec. 474(o)(12), struck out par. (3) which provided that the $25,000 amount specified under subparagraphs (A) and (B) of section 46(a)(3) applicable to an estate or trust be reduced to an amount which bore the same ratio to $25,000 as the amount of the qualified investment allocated to the estate or trust under paragraph (1) to the entire amount of the qualified investment. Subsec. (g)(1)(E). Pub. L. 98-369, Sec. 1043(a), added subpar. (E). Subsec. (g)(2)(A)(i). Pub. L. 98-369, Sec. 111(e)(8)(A), (B), substituted 'real property' for 'property' in two places, and '18 (15 years in the case of low-income housing)' for '15'. Subsec. (g)(2)(B)(i). Pub. L. 98-369, Sec. 31(c)(2), inserted 'The preceding sentence shall not apply to any expenditure to the extent subsection (f)(12) or (j) of section 168 applies to such expenditure.' Subsec. (g)(2)(B)(v). Pub. L. 98-369, Sec. 111(e)(8)(C), substituted '18 years (15 years in the case of low-income housing)' for '15 years'. Subsec. (g)(2)(B)(vi). Pub. L. 98-369, Sec. 31(c)(1), added cl. (vi). Subsec. (g)(2)(D). Pub. L. 98-369, Sec. 111(e)(8)(D), added subpar. (D). Subsec. (k)(4). Pub. L. 98-369, Sec. 113(b)(3)(B), inserted 'or at-risk rules' after 'test' in heading. Subsec. (k)(4)(A). Pub. L. 98-369, Sec. 113(b)(3)(A), inserted ', section 46(c)(8), or section 46(c)(9)'. Subsec. (k)(4)(B). Pub. L. 98-369, Sec. 113(b)(3)(C), substituted 'used' for 'issued'. Subsec. (k)(5)(D)(i). Pub. L. 98-369, Sec. 721(x)(1), substituted 'S corporation' for 'electing small business corporation'. Subsec. (l)(1). Pub. L. 98-369, Sec. 474(o)(13), substituted 'section 46(b)(2)' for 'section 46(a)(2)(C)'. Subsec. (l)(16)(B)(i). Pub. L. 98-369, Sec. 735(c)(1), substituted 'the chassis of which is an automobile bus chassis and the body of which is an automobile bus body' for 'the chassis and body of which is exempt under section 4063(a)(6) from the tax imposed by section 4061(a)'. Subsec. (m). Pub. L. 98-369, Sec. 474(o)(14), substituted 'subsection (b)' for 'subsection (a)(2)'. Subsec. (n). Pub. L. 98-369, Sec. 474(o)(15), repealed subsec. (n). For continuing applicability of par. (4) of subsec. (n), see section 474(o)(15) of Pub. L. 98-369, set out in Effective Date of 1984 Amendment note below. Subsec. (o)(3) to (8). Pub. L. 98-369, Sec. 474(o)(16), redesignated par. (8) as (3) and struck out former pars. (3) to (7) which defined 'employee plan credit', 'basic employee plan credit', 'matching employee plan credit', 'basic employee plan percentage', and 'matching employee plan percentage', respectively. Subsec. (q)(1), (3). Pub. L. 98-369, Sec. 474(o)(17)(A), substituted 'section 46(a)' for 'section 46(a)(2)'. Subsec. (q)(4)(A)(i). Pub. L. 98-369, Sec. 474(o)(17), substituted 'section 46(a)' for 'section 46(a)(2)' and 'section 46(b)(1)' for 'section 46(a)(2)(B)'. Subsec. (q)(4)(B)(ii). Pub. L. 98-369, Sec. 474(o)(17)(B), substituted 'section 46(b)(1)' for 'section 46(a)(2)(B)'. Subsec. (q)(6). Pub. L. 98-369, Sec. 712(b), added par. (6) relating to adjustment in basis of interest in partnership or S corporation. Pub. L. 98-369, Sec. 113(b)(4), added par. (6) relating to special rule for qualified films. Subsec. (r). Pub. L. 98-369, Sec. 113(a)(1), added subsec. (r). Former subsec. (r) redesignated (s). Pub. L. 98-369, Sec. 474(o)(18), substituted 'section 381(c)(26)' for 'section 381(c)(23)'. Subsec. (s). Pub. L. 98-369, Sec. 113(a)(1), redesignated former subsec. (r) as (s). 1983 - Subsec. (a)(1)(G). Pub. L. 97-448, Sec. 102(e)(2)(A), inserted '(not including a building and its structural components) used in connection' after 'storage facility'. Subsec. (a)(10). Pub. L. 97-448, Sec. 202(c), amended directory language of Pub. L. 96-223, Sec. 223(a)(1), to correct an error, and did not involve any change in text. See 1980 Amendment note below. Subsec. (g)(1)(C)(i). Pub. L. 97-448, Sec. 102(f)(2), (6), substituted 'the 24-month period selected by the taxpayer (at the time and in the manner prescribed by regulation) and ending with or within the taxable year' for 'the 24-month period ending on the last day of the taxable year' in provisions preceding subcl. (I), substituted 'adjusted basis of such building (and its structural components)' for 'adjusted basis of such property' both in subcl. (I) and in provision following subcl. (II), and, in provisions following subcl. (II), substituted 'holding period of the building' for 'holding period of the property' and inserted provision that, for purposes of the preceding sentence, the determination of the beginning of the holding period shall be made without regard to any reconstruction by the taxpayer in connection with the rehabilitation. Subsec. (g)(5)(A). Pub. L. 97-448, Sec. 102(f)(3), substituted 'a credit is determined under section 46(a)(2)' for 'a credit is allowed under this section' and 'the credit so determined' for 'the credit so allowed'. See 1982 Amendment note for subsec. (g)(5) below and see Effective Date of 1982 and 1983 Amendment notes set out under sections 1 and 196 of this title. Subsec. (l)(5). Pub. L. 97-424, Sec. 546(a)(3), substituted reference to subpar. (N) for reference to subpar. (M) in provision following subparagraphs. Subsec. (l)(5)(M), (N). Pub. L. 97-424, Sec. 546(a)(1), (2), added subpar. (M) and redesignated former subpar. (M) as (N). Subsec. (q)(3). Pub. L. 97-448, Sec. 306(a)(3), substituted 'paragraphs (1) and (2) of this subsection and paragraph (5) of subsection (d)' for 'paragraphs (1) and (2)'. 1982 - Subsec. (b). Pub. L. 97-248, Sec. 209(c), inserted provision that for purposes of determining whether section 38 property subject to a lease is new section 38 property, such property shall be treated as originally placed in service not earlier than the date such property is used under the lease, but only if such property is leased within 3 months after such property is placed in service. Subsec. (c)(2)(D). Pub. L. 97-354 substituted 'Partnerships and S corporations' for 'Partnerships' in subpar. heading, and inserted 'A similar rule shall apply in the case of an S corporation and its shareholders'. Subsec. (d)(5). Pub. L. 97-248, Sec. 205(a)(4), added par. (5). Subsec. (e). Pub. L. 97-354, Sec. 5(a)(7), struck out subsec. (e) relating to apportionment among shareholders of qualified investments by an electing small business corporation. Subsec. (g)(5). Pub. L. 97-248, Sec. 205(a)(5)(A), struck out par. (5) which, as amended by Sec. 102(f)(3) of Pub. L. 97-448, had provided that for purposes of this subtitle, if a credit were determined under section 46(a)(2) for any qualified rehabilitation expenditure in connection with a qualified rehabilitated building other than a certified historic structure, the increase in basis of such property which would (but for this paragraph) have resulted from such expenditure had to be reduced by the amount of the credit so determined, that if during any taxable year there was a recapture amount determined with respect to any qualified rehabilitated building the basis of which was reduced under subpar. (A), the basis of such building (immediately before the event resulting in such recapture), had to be increased by an amount equal to such recapture amount, and that for purposes of this paragraph 'recapture amount' was defined as any increase in tax (or adjustment in carrybacks or carryovers) determined under section 47(a)(5). See 1983 Amendment note for subsec. (g)(5) above and see Effective Date of 1982 and 1983 Amendment notes set out under sections 1 and 196 of this title. Subsec. (k)(5)(D)(i). Pub. L. 97-354, Sec. 5(a)(8), substituted 'an S corporation' for 'an electing small business corporation (within the meaning of section 1371)'. Subsec. (l)(7). Pub. L. 97-362, Sec. 104(a), temporarily substituted the qualification that such term does not include equipment for hydrogenation, refining, or other process subsequent to retorting other than hydrogenation or other process which is applied in the vicinity of the property from which the shale was extracted and which is applied to bring the shale oil to a grade and quality suitable for transportation to and processing in a refinery, for the qualification that such equipment did not include equipment for hydrogenation, refining, or other processes subsequent to retorting. See Effective and Termination Dates of 1982 Amendment note below. Subsecs. (q), (r). Pub. L. 97-248, Sec. 205(a)(1), added subsec. (q) and redesignated former subsec. (q) as (r). 1981 - Subsec. (a)(1). Pub. L. 97-34, Sec. 211(e)(4), in provisions following subpar. (G), substituted 'Such term includes only recovery property (within the meaning of section 168 without regard to any useful life) and any other property' for 'Such term includes only property'. Subsec. (a)(1)(G). Pub. L. 97-34, Sec. 211(c), added subpar. (G). Subsec. (a)(2)(B)(ii). Pub. L. 97-34, Sec. 211(h), designated existing provisions as subcl. (I) and added subcl. (II). Subsec. (a)(3)(D). Pub. L. 97-34, Sec. 212(c), added subpar. (D). Subsec. (a)(4). Pub. L. 97-34, Sec. 214(a), inserted provision that, if any qualified rehabilitated building is used by the tax-exempt organization pursuant to a lease, this paragraph shall not apply to that portion of the basis of such building which is attributable to qualified rehabilitation expenditures. Subsec. (a)(5). Pub. L. 97-34, Sec. 214(b), inserted provision that, if any qualified rehabilitated building is used by the governmental unit pursuant to a lease, this paragraph shall not apply to that portion of the basis of such building which is attributable to qualified rehabilitation expenditures. Subsec. (a)(8). Pub. L. 97-34, Sec. 212(d)(2)(A), substituted 'or 188' for '188, or 191'. Subsec. (a)(9). Pub. L. 97-34, Sec. 211(a)(2), struck out par. (9) which set out a special rule for the depreciation of railroad track. Subsec. (c)(2)(A) to (C). Pub. L. 97-34, Sec. 213(a), amended subpars. (A) to (C) generally raising in subpar. (A) the existing $100,000 dollar limitation to $125,000 in 1981 and to $150,000 in 1985 and in subpar. (B) the existing $50,000 dollar limitation to $62,500 in 1981 and to $75,000 in 1985. Subsec. (g). Pub. L. 97-34, Sec. 212(b), in amending subsec. (c) generally incorporated the concept of 'substantial rehabilitation' into par. (1)(A), substituted '30 years' for '20 years' as the requisite period in par. (1)(B), substituted a definition of 'substantially rehabilitated' for former provisions that a major portion could be treated as a separate building in certain cases in par. (1)(C), reenacted par. (1)(D) without change, substituted 'December 31, 1981' for 'October 31, 1978' in provisions of par. (2)(A) preceding cl. (i), substituted provisions for a recovery period of 15 years for provisions that had provided for a useful life of 5 years or more in cl. (i) of par. (2)(A), reenacted cl. (ii) without change, substituted provisions that accelerated methods of depreciation may not be used for provisions relating to property otherwise section 38 property in cl. (i) of par. (2)(B), reenacted cls. (ii) and (iii) without change, revised the provisions of cl. (iv) relating to certified historic structures, and added cl. (v) relating to expenditures of lessees, added par. (3), redesignated former par. (3) as (4), and added par. (5). Subsec. (l)(2)(C). Pub. L. 97-34, Sec. 211(e)(3), inserted 'or which is recovery property (within the meaning of section 168)' after '3 years or more'. Subsec. (n)(1)(A)(i). Pub. L. 97-34, Sec. 332(b), substituted 'which does not exceed' for 'equal to'. Subsec. (o)(8). Pub. L. 97-34, Sec. 212(a)(3), added par. (8). 1980 - Subsec. (a)(1). Pub. L. 96-451 added subpar. (F) and provision for treatment of the useful life of subpar. (F) property as its normal growing period. Subsec. (a)(2)(B)(xi). Pub. L. 96-223, Sec. 222(i)(2), added cl. (xi). Subsec. (a)(5). Pub. L. 96-605, Sec. 109(a), included the International Maritime Satellite Organization or any successor organization within organizations not to be treated as international organizations. Subsec. (a)(7)(B). Pub. L. 95-600, Sec. 312(c)(2), as amended by Pub. L. 96-222, Sec. 103(a)(2)(A), substituted ' 'described in section 50 (as in effect before its repeal by the Revenue Act of 1978' ' for ' 'described in section 50' '. Subsec. (a)(10)(A). Pub. L. 96-223, Sec. 223(a)(1), as amended by Pub. L. 97-448, Sec. 202(c), provided that 'petroleum or petroleum products' does not include petroleum coke or petroleum pitch. Subsec. (a)(10)(B). Pub. L. 96-222, Sec. 108(c)(6), substituted '5' for '51'. Subsec. (g)(2)(B)(i). Pub. L. 96-222, Sec. 103(a)(4)(B), substituted 'subsections (a)(1)(E) and (l)' for 'subsection (a)(1)(E)'. Subsec. (l)(1). Pub. L. 96-223, Sec. 221(b)(1), substituted 'For any period for which the energy percentage determined under section 46(a)(2)(C) for any energy property is greater than zero' for 'For the period beginning on October 1, 1978, and ending on December 31, 1982' in provisions preceding subpar. (A) and, in subpars. (A) and (B), substituted 'such energy property' and 'such property' for 'any energy property'. Subsec. (l)(2)(A). Pub. L. 96-223, Sec. 222(a), added cls. (vii), (viii), and (ix). Subsec. (l)(3)(A). Pub. L. 96-223, Sec. 222(b), (g)(2), struck out '(other than coke or coke gas)' after 'solid fuel' in cl. (iii) and, in cl. (v), substituted provisions relating to equipment which converts coal into a substitute for a petroleum or natural gas derived feedstock for the manufacture of chemicals or other products and equipment which converts coal into methanol, ammonia, or hydroprocessed coal liquid or solid for provisions which had related simply to equipment which used coal as feedstock for the manufacture of chemicals or other products other than coke or coke gas, added cl. (ix), and, following cl. (ix), inserted provision that the equipment described in cl. (vii) includes equipment used for the storage of fuel derived from garbage at the site at which such fuel was produced from garbage. Subsec. (l)(3)(B). Pub. L. 96-223, Sec. 222(i)(1)(A), redesignated subpar. (C) as (B). Former subpar. (B), which excluded public utility property from the terms 'alternative energy property', 'solar or wind energy property', or 'recycling equipment', was struck out. Subsec. (l)(3)(C), (D). Pub. L. 96-223, Sec. 222(i)(1)(A), (3), redesignated subpar. (D) as (C) and inserted following cl. (ii) provision that, for the purposes of the preceding sentence, in the case of property which is alternative energy property solely by reason of the amendments made by section 222(b) of the Crude Oil Windfall Profit Tax Act of 1980, 'January 1, 1980' was to be substituted for 'October 1, 1978'. Former subpar. (C) redesignated (B). Subsec. (l)(4)(C). Pub. L. 96-223, Sec. 222(c), added subpar. (C). Subsec. (l)(5). Pub. L. 96-223, Sec. 222(d), added subpar. (L), redesignated former subpar. (L) as (M), and inserted provision that the Secretary shall not specify any property under subpar. (M) unless he determines that such specification meets the requirements of par. (9) of section 44C(c) for specification of items under section 44C(c)(4)(A)(viii). Subsec. (l)(11). Pub. L. 96-223, Sec. 221(b)(2), substituted 'one-half of the energy percentage determined under section 46(a)(2)(C)' for '5 percent'. Pub. L. 96-223, Sec. 223(c)(1), completely revised par. (11) to incorporate property financed by subsidized energy financing, effective with regard to periods after Dec. 31, 1982. Prior to the revision par. (11) read as follows: 'In the case of property which is financed in whole or in part by the proceeds of an industrial development bond (within the meaning of section 103(b)(2)) the interest on which is exempt from tax under section 103, the energy percentage shall be one-half of the energy percentage determined under section 46(a)(2)(C).' Subsec. (l)(13). Pub. L. 96-223, Sec. 222(e)(1), added par. (13). Subsec. (l)(14). Pub. L. 96-223, Sec. 222(f), added par. (14). Subsec. (l)(15). Pub. L. 96-223, Sec. 222(g)(1), added par. (15). Subsec. (l)(16). Pub. L. 96-223, Sec. 222(h), added par. (16). Subsec. (l)(17). Pub. L. 96-223, Sec. 222(i)(1)(B), added par. (17). Subsec. (n). Pub. L. 96-222, Sec. 101(a)(7)(G), (H), (L)(i)(I)-(IV), (ii)(III)-(VI), (iii)(II), (v)(II)-(IV), (M)(ii), amended subsec. (n) generally to reflect the renaming of an investment tax credit ESOP to a tax credit employee stock ownership plan and a leveraged employee stock ownership plan (commonly referred to as an ESOP) to an employee stock ownership plan. Subsec. (n)(6)(B)(i). Pub. L. 96-605, Sec. 223(a), substituted 'the date on which the securities are contributed to the plan' for 'the due date for filing the return for the taxable year (determined with regard to extensions)'. Subsec. (o). Pub. L. 96-222, Sec. 101(a)(7)(L)(iii)(III), (v)(IV), (V), (M)(iii), substituted 'employee plan' for 'ESOP' wherever appearing and inserted 'percentage' after 'attributable to the matching employee plan' in par. (5). 1978 - Subsec. (a)(1)(A). Pub. L. 95-618, Sec. 301(d)(1), inserted '(other than an air conditioning or heating unit)' after 'personal property'. Subsec. (a)(1)(D). Pub. L. 95-600, Sec. 314(a), added par. (D). Subsec. (a)(1)(E). Pub. L. 95-600, Sec. 315(a), added par. (E). Subsec. (a)(2)(B)(ii). Pub. L. 95-473, Sec. 2(a)(2)(A), substituted 'providing transportation subject to subchapter I of chapter 105 of title 49' for 'subject to part I of the Interstate Commerce Act'. Subsec. (a)(7)(A). Pub. L. 95-600, Sec. 312(c)(3), struck out '(other than pretermination property)' after 'Property'. Subsec. (a)(7)(B). Pub. L. 95-600, Sec. 312(c)(2), struck out 'described in section 50' after 'with respect to property'. See 1980 Amendment note above. Subsec. (a)(8). Pub. L. 95-600, Sec. 315(c), substituted '188, or 191' for 'or 188'. Subsec. (a)(10). Pub. L. 95-618, Sec. 301(d)(2), added par. (10). Subsec. (d)(1)(B). Pub. L. 95-600, Sec. 703(a)(3), substituted 'section 46(a)(6)' for 'section 46(a)(5)'. Subsec. (d)(4)(D). Pub. L. 95-600, Sec. 703(a)(4), substituted 'section 57(c)(1)(B)' for 'section 57(c)(2)'. Subsec. (g). Pub. L. 95-600, Sec. 315(b), added subsec. (g). Subsec. (h). Pub. L. 95-600, Sec. 312(c)(1), struck out subsec. (h) which related to suspension of investment credit. Subsec. (i). Pub. L. 95-600, Sec. 312(c)(1), struck out subsec. (i) which related to an exemption from suspension of $20,000 of investment. Subsec. (j). Pub. L. 95-600, Sec. 312(c)(1), struck out subsec. (j) which defined 'suspension period'. Subsecs. (l), (m). Pub. L. 95-618, Sec. 301(b), added subsecs. (l) and (m) and redesignated former subsec. (l) as (n). Subsec. (n). Pub. L. 95-618, Sec. 301(b), redesignated former subsec. (l) as (n). Pub. L. 95-600, Sec. 141(b), added subsec. (n). Former subsec. (n) redesignated (p). Subsec. (o). Pub. L. 95-600, Sec. 141(b), added subsec. (o). Subsecs. (p), (q). Pub. L. 95-600, Sec. 141(b), 314(b), added subsec. (p). Former subsec. (n) redesignated (p) and subsequently as (q). 1976 - Subsec. (a)(2)(B)(vi). Pub. L. 94-455, Sec. 1901(a)(5)(A), substituted '(43 U.S.C. 1331))' for '; 43 U.S.C., sec. 1331)'. Subsec. (a)(2)(B)(vii). Pub. L. 94-455, Sec. 1051(h)(1), substituted '(other than a corporation which has an election in effect under section 936 or which is entitled to the benefits of section 934(b))' for '(other than a corporation entitled to the benefits of section 931 or 934(b))'. Subsec. (a)(2)(B)(viii). Pub. L. 94-455, Sec. 1901(a)(5)(B), substituted '47 U.S.C. 702' for '47 U.S.C., sec. 702'. Subsec. (a)(8). Pub. L. 94-455, Sec. 1901(b)(11)(A), 2112(a)(1), struck out '169,' after 'section 167(k),', '187,' before 'or 188 applies', and provisions relating to the limitation of the applicability of this paragraph on property to which section 169 applies. Subsecs. (c)(2)(A), (d)(1), (2)(A). Pub. L. 94-455, Sec. 1906(b)(13)(A), struck out 'or his delegate' after 'Secretary'. Subsec. (f). Pub. L. 94-455, Sec. 802(b)(6), substituted 'section 46(a)(3)' for 'section 46(a)(2)'. Subsec. (i)(2). Pub. L. 94-455, Sec. 1906(b)(13)(A), struck out 'or his delegate' after 'Secretary'. Subsecs. (k), (l). Pub. L. 94-455, Sec. 804(a), added subsec. (k) and redesignated former subsec. (k) as subsec. (l). 1975 - Subsec. (a)(2)(B). Pub. L. 94-12, Sec. 604(a), substituted 'territorial waters within the northern portion of the Western Hemisphere' for 'territorial waters' in cl. (x) and inserted definition of 'northern portion of the Western Hemisphere' following cl. (x). Subsec. (c)(2)(A). Pub. L. 94-12 Sec. 301(c)(1)(A), substituted '$100,000' for '$50,000'. Subsec. (c)(2)(B). Pub. L. 94-12, Sec. 301(c)(1)(A), (B), substituted '$50,000' for '$25,000' and '$100,000' for '$50,000'. Subsec. (c)(2)(C). Pub. L. 94-12, Sec. 301(c)(1)(A), substituted '$100,000' for '$50,000'. Subsec. (d)(1), (2)(A). Pub. L. 94-12, Sec. 302(c)(3), substituted 'section 46(e)(1)' for 'section 46(d)(1)'. 1971 - Subsec. (a)(1). Pub. L. 92-178, Sec. 102(a)(2), substituted '3 years' for '4 years' in second sentence. Subsec. (a)(1)(B)(ii), (iii). Pub. L. 92-178, Sec. 104(a)(1), substituted 'research facility' for 'research or storage facility' in cl. (ii) and added cl. (iii). Subsec. (a)(2)(B). Pub. L. 92-178, Sec. 104(c)(2), (3), (d), added cls. (viii) to (x), respectively. Subsec. (a)(3)(C). Pub. L. 92-178, Sec. 104(b), added subpar. (C). Subsec. (a)(5). Pub. L. 92-178, Sec. 104(c)(1), inserted '(other than the International Telecommunications Satellite Consortium or any successor organization)' after 'international organization'. Subsec. (a)(6). Pub. L. 92-178, Sec. 104(e), substituted provisions for treatment of livestock (other than horses) acquired by the taxpayer as section 38 property, with exception provision for reduction of acquisition cost by amount equal to amount realized on sale or other disposition under certain circumstances, and for nontreatment of horses as section 38 property for former provision that livestock shall not be treated as section 38 property. Subsec. (a)(7) to (9). Pub. L. 92-178, Sec. 103, 104(f)(1), (g), added pars. (7) to (9), respectively. Subsec. (d). Pub. L. 92-178, Sec. 108(b) and (c), substituted 'section 46(d)(1)' for 'section 46(d)'; and designated as par. (1) the present first sentence, redesignated as subpars. (A) and (B) provisions formerly designated cls. (1) and (2), again substituted 'section 46(d)(1)' for 'section 46(d)' in par. (1) and inserted '(other than property described in paragraph (4))' in par. (1), added pars. (2) and (4), incorporated provisions of former second, third, and fourth sentences in provisions designated as par. (3), substituted in par. (3) 'the lessee shall be treated for all purposes of this subpart as having acquired a fractional portion of such property equal to the fraction determined under paragraph (2)(B) with respect to such property' for 'the lessee shall be treated for all purposes of this subpart as having acquired such property', and struck out former fifth and sixth sentences respecting election regarding treatment of leases of suspension period property and section 38 property. See Effective Date of 1971 Amendment note below. 1969 - Subsec. (a)(4). Pub. L. 91-172, Sec. 121(d)(2)(A), inserted provision relating to the percentage of the basis or cost of debt-financed property that may be considered in computing qualified investment under section 46(c) of this title. Subsec. (c)(2)(C). Pub. L. 91-172, Sec. 401(e)(2), reenacted subpar. (C) with minor changes and substituted reference to controlled group for reference to affiliated group. Subsec. (c)(3)(C). Pub. L. 91-172, Sec. 401(e)(3), substituted definition of controlled group for definition of affiliated group. Subsec. (d)(2). Pub. L. 91-172, Sec. 401(e)(4), substituted reference to a component member of a controlled group for reference to a member of an affiliated group. 1967 - Subsec. (a)(2)(B)(i). Pub. L. 90-26, Sec. 3, inserted 'or is operated under contract with the United States' after 'the United States'. Subsec. (h)(2). Pub. L. 90-26, Sec. 2(a), limited definition of suspension period property to section 38 property where the physical construction, reconstruction or erection was begun before May 24, 1967, pursuant to an order placed during the suspension period, subject to the proviso that in applying the definition to property the physical construction, reconstruction or erection of which was begun before May 24, 1967, only that portion of the basis properly attributable to construction, reconstruction or erection before May 24, 1967 be taken into account. Subsec. (j). Pub. L. 90-26, Sec. 1, substituted 'March 9, 1967' for 'December 31, 1967'. 1966 - Subsec. (a)(2)(B). Pub. L. 89-809 added cl. (vii). Subsec. (d). Pub. L. 89-800, Sec. 1(b), inserted provisions covering the treatment of suspension period property, and the elections to be deemed made in connection therewith. Subsecs. (h) to (k). Pub. L. 89-800, Sec. 1(a), added subsecs. (h) to (j) and redesignated former subsec. (h) as (k). 1964 - Subsec. (a)(1)(C). Pub. L. 88-272, Sec. 203(c)(2), added subpar. (C). Subsec. (d). Pub. L. 88-272, Sec. 203(a)(3)(A), (b), substituted 'except as provided in paragraph (2)' for 'if such property was constructed by the lessor (or by a corporation which controls or is controlled by the lessor within the meaning of section 368(c))' in par. (1), 'if such property is leased by a corporation which is a member of an affiliated group (within the meaning of section 46(a)(5) to another corporation which is a member of the same affiliated group' for 'if paragraph (1) does not apply' in par. (2), and deleted provisions which stated that if a lessor made an election under this subsection, subsec. (g) would not apply with respect to such property, and deductions otherwise allowable under section 162 to the lessee for amounts paid the lessor would be adjusted consistent with subsec. (g). Subsec. (g). Pub. L. 88-272, Sec. 203(a)(1), repealed subsec. (g) which required that the basis of section 38 property be reduced by 7 percent of the qualified investment. EFFECTIVE DATE OF 1990 AMENDMENT Amendment by section 11813(a) of Pub. L. 101-508 applicable to property placed in service after Dec. 31, 1990, but not applicable to any transition property (as defined in section 49(e) of this title), any property with respect to which qualified progress expenditures were previously taken into account under section 46(d) of this title, and any property described in section 46(b)(2)(C) of this title, as such sections were in effect on Nov. 4, 1990, see section 11813(c) of Pub. L. 101-508, set out as a note under section 29 of this title. EFFECTIVE DATE OF 1988 AMENDMENT Amendment by Pub. L. 100-647 effective, except as otherwise provided, as if included in the provision of the Tax Reform Act of 1986, Pub. L. 99-514, to which such amendment relates, see section 1019(a) of Pub. L. 100-647, set out as a note under section 1 of this title. EFFECTIVE DATE OF 1986 AMENDMENT If any interest costs incurred after Dec. 31, 1986, are attributable to costs incurred before Jan. 1, 1987, the amendment by section 803(b)(2)(B) of Pub. L. 99-514 is applicable to such interest costs only to the extent such interest costs are attributable to costs which were required to be capitalized under section 263 of the Internal Revenue Code of 1954 and which would have been taken into account in applying section 189 of the Internal Revenue Code of 1954 (as in effect before its repeal by section 803 of Pub. L. 99-514) or, if applicable, section 266 of such Code, see section 7831(d)(2) of Pub. L. 101-239, set out as an Effective Date note under section 263A of this title. Amendment by section 251(b), (c) of Pub. L. 99-514 applicable to property placed in service after Dec. 31, 1986, in taxable years ending after such date, except as otherwise provided for certain rehabilitations see section 251(d) of Pub. L. 99-514, set out as a note under section 46 of this title. Amendment by section 701(e)(4)(C) of Pub. L. 99-514 applicable to taxable years beginning after Dec. 31, 1986, with certain exceptions and qualifications, see section 701(f) of Pub. L. 99-514, set out as an Effective Date note under section 55 of this title. Amendment by section 803(b)(2)(B) of Pub. L. 99-514 applicable to costs incurred after Dec. 31, 1986, in taxable years ending after such date, except as otherwise provided, see section 803(d) of Pub. L. 99-514, set out as an Effective Date note under section 263A of this title. Amendment by sections 1272(d)(5) and 1275(c)(5) of Pub. L. 99-514 applicable to taxable years beginning after Dec. 31, 1986, with certain exceptions and qualifications, see section 1277 of Pub. L. 99-514, set out as a note under section 931 of this title. Amendment by section 1511(c)(3) of Pub. L. 99-514 applicable for purposes of determining interest for periods after Dec. 31, 1986, see section 1511(d) of Pub. L. 99-514, set out as a note under section 47 of this title. Section 1879(j)(2) of Pub. L. 99-514 provided that: 'The amendments made by this subsection (amending this section) shall apply to periods after December 31, 1978 (under rules similar to the rules of section 48(m) of the Internal Revenue Code of 1954 (now 1986)), in taxable years ending after such date.' Section 1881 of title XVIII of Pub. L. 99-514 provided that: 'Except as otherwise provided in this subtitle, any amendment made by this subtitle (subtitle A (Sec. 1801-1881) of title XVIII of Pub. L. 99-514, see Tables for classification) shall take effect as if included in the provision of the Tax Reform Act of 1984 (Pub. L. 98-369, div. A) to which such amendment relates.' EFFECTIVE DATE OF 1985 AMENDMENT Amendment by Pub. L. 99-121 applicable with respect to property placed in service by the taxpayer after May 8, 1985, with specified exceptions, but amendment of subsec. (g)(2)(B)(v) not applicable to leases entered into before May 22, 1985, if the lessee signed the lease before May 17, 1985, see section 105(b)(1), (5) of Pub. L. 99-121, set out as a note under section 168 of this title. EFFECTIVE DATE OF 1984 AMENDMENT Section 18 of Pub. L. 98-369 provided that: '(a) General Rule. - The amendments made by this part (part I (Sec. 11-18) of subtitle A of title I of div. A of Pub. L. 98-369, amending this section and sections 41, 46, 57, 128, 168, 179, 265, 415, 854, 857, and 911 of this title, enacting provisions set out as a note under section 168 of this title, and amending provisions set out as notes under sections 128 and 168 of this title) shall apply to taxable years ending after December 31, 1983. '(b) Special Rule for Section 14. - The amendment made by section 14 (amending section 41 of this title) shall not apply in the case of a tax credit employee stock ownership plan if - '(1) such plan was favorably approved on September 23, 1983, by employees, and '(2) not later than January 11, 1984, the employer of such employees was 100 percent owned by such plan.' Amendment by section 31(b), (c)(1) of Pub. L. 98-369 effective, except as otherwise provided in section 31(g) of Pub. L. 98-369, as to property placed in service by the taxpayer after May 23, 1983, in taxable years ending after such date and to property placed in service by the taxpayer on or before May 23, 1983, if the lease to the tax-exempt entity is entered into after May 23, 1983, and amendment by section 31(c)(2) of Pub. L. 98-369, to the extent it relates to section 168(f)(12) of this title, effective as if it had been included in the amendments to section 168 of this title by section 216(a) of Pub. L. 97-248, see section 31(g)(1), (12) of Pub. L. 98-369, set out as a note under section 168 of this title. Amendment by section 111(e)(8) of Pub. L. 98-369 applicable with respect to property placed in service by the taxpayer after Mar. 15, 1984, subject to certain exceptions, see section 111(g) of Pub. L. 98-369, set out as a note under section 168 of this title. Amendment by section 113(b)(3) of Pub. L. 98-369 applicable as if included in the amendments made by sections 201(a), 211(a)(1), and 211(f)(1) of Pub. L. 97-34, which enacted section 168 and amended section 46 of this title, see section 113(c)(2)(B) of Pub. L. 98-369, set out as a note under section 168 of this title. Amendment by section 113(b)(4) of Pub. L. 98-369 applicable as if included in the amendments made by section 205(a)(1) of Pub. L. 97-248, see section 113(c)(2)(C) of Pub. L. 98-369, set out as a note under section 168 of this title. Section 113(c)(1) of Pub. L. 98-369 provided that: 'The amendments made by subsection (a) (amending this section and section 168 of this title) shall apply to property placed in service after March 15, 1984, in taxable years ending after such date.' Section 114(b) of Pub. L. 98-369 provided that: 'The amendment made by this section (amending this section) shall apply to property originally placed in service after April 11, 1984 (determined without regard to such amendment).' Amendment by section 431(c) of Pub. L. 98-369 applicable to property placed in service after July 18, 1984, in taxable years ending after such date, but not applicable to property to which sections 46(c)(8), (9) and 47(d) of this title, as enacted by section 211(f) of Pub. L. 97-34, do not apply, with the taxpayer having an option to elect retroactive application of amendment by Pub. L. 98-369, see section 431(e) of Pub. L. 98-369, set out as a note under section 46 of this title. Amendment by section 474(o)(10)-(18) of Pub. L. 98-369 applicable to taxable years beginning after Dec. 31, 1983, and to carrybacks from such years, see section 475(a) of Pub. L. 98-369, set out as a note under section 21 of this title. Section 474(o)(15) of Pub. L. 98-369, as amended by Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095, provided that: 'Subsection (n) of section 48 (relating to requirements for allowance of employee plan percentage) is hereby repealed; except that paragraph (4) of section 48(n) of the Internal Revenue Code of 1986 (formerly I.R.C. 1954) (as in effect before its repeal by this paragraph) shall continue to apply in the case of any recapture under section 47(f) of such Code of a credit allowable for a taxable year beginning before January 1, 1984.' Amendment by section 712(b) of Pub. L. 98-369 effective as if included in the provision of the Tax Equity and Fiscal Responsibility Act of 1982, Pub. L. 97-248, to which such amendment relates, see section 715 of Pub. L. 98-369, set out as a note under section 31 of this title. Amendment by section 721(x)(1) of Pub. L. 98-369 effective as if included in the Subchapter S Revision Act of 1982, Pub. L. 97-354, see section 721(y)(1) of Pub. L. 98-369, set out as a note under section 1361 of this title. Amendment by section 735(c)(1) of Pub. L. 98-369 effective, except as otherwise provided, as if included in the provisions of the Highway Revenue Act of 1982, title V of Pub. L. 97-424, to which such amendment relates, see section 736 of Pub. L. 98-369, set out as a note under section 4051 of this title. Section 1043(b) of Pub. L. 98-369 provided that: 'The amendments made by this section (amending this section) shall apply to expenditures incurred after December 31, 1983, in taxable years ending after such date.' EFFECTIVE DATE OF 1983 AMENDMENT Amendment by title I of Pub. L. 97-448 effective, except as otherwise provided, as if it had been included in the provision of the Economic Recovery Tax Act of 1981, Pub. L. 97-34, to which such amendment relates, see section 109 of Pub. L. 97-448, set out as a note under section 1 of this title. Amendment by section 202(c) of Pub. L. 97-448 effective, except as otherwise provided, as if it had been included in the provision of the Crude Oil Windfall Profit Tax Act of 1980, Pub. L. 96-223 to which such amendment relates, see section 203(a) of Pub. L. 97-448, set out as a note under section 6652 of this title. Amendment by section 306(a)(3) of Pub. L. 97-448 effective as if included in the provisions of the Tax Equity and Fiscal Responsibility Act of 1982, Pub. L. 97-248, to which such amendment relates, see section 311(d) of Pub. L. 97-448, set out as a note under section 31 of this title. EFFECTIVE AND TERMINATION DATES OF 1982 AMENDMENTS Section 104(b) of Pub. L. 97-362, as amended by Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095, provided that: 'The amendment made by this section (amending this section) shall apply to periods beginning after December 31, 1980, and before January 1, 1983, under rules similar to the rules of section 48(m) of the Internal Revenue Code of 1986 (formerly I.R.C. 1954).' Amendment by Pub. L. 97-354 applicable to taxable years beginning after Dec. 31, 1982, see section 6(a) of Pub. L. 97-354, set out as an Effective Date note under section 1361 of this title. Amendment by section 205(a)(1), (4), (5)(A) of Pub. L. 97-248, applicable to periods after Dec. 31, 1982, under rules similar to the rules of subsec. (m) of this section, with certain exceptions and qualifications, see section 205(c)(1) of Pub. L. 97-248, set out as an Effective Date note under section 196 of this title. Amendment by section 209(c) of Pub. L. 97-248 applicable to property placed in service after Dec. 31, 1983, but not to qualified leased property described in section 168(f)(8)(D)(v) of this title which is placed in service before Jan. 1, 1988, or is placed in service after such date pursuant to a binding contract or commitment entered into before April 1, 1983, and solely because of conditions which, as determined by the Secretary of the Treasury or his delegate, are not within the control of the lessor or lessee, see sections 208(d)(5) and 209(d)(2) of Pub. L. 97-248, set out as notes under section 168 of this title. EFFECTIVE DATE OF 1981 AMENDMENT Section 213(b) of Pub. L. 97-34, as amended by Pub. L. 97-448, title I, Sec. 102(g), Jan. 12, 1983, 96 Stat. 2372, provided that: 'The amendment made by this section (amending this section) shall apply to taxable years beginning after December 31, 1980.' Section 214(c) of Pub. L. 97-34 provided that: 'The amendments made by this section (amending this section) shall apply to uses after July 29, 1980, in taxable years ending after such date.' Section 332(c)(2) of Pub. L. 97-34 provided that: 'The amendment made by subsection (b) (amending this section) shall apply to qualified investments made after December 31, 1981.' Amendment by section 211(a)(2), (e)(3), (4) of Pub. L. 97-34 applicable to property placed in service after Dec. 31, 1980, see section 211(i)(1) of Pub. L. 97-34, set out as a note under section 46 of this title. Amendment by section 211(c) of Pub. L. 97-34 applicable to periods after Dec. 31, 1980, under rules similar to the rules under subsec. (m) of this section, see section 211(i)(3) of Pub. L. 97-34, set out as a note under section 46 of this title. Amendment by section 211(h) of Pub. L. 97-34 applicable to taxable years beginning after Dec. 31, 1980, see section 211(i)(6) of Pub. L. 97-34, set out as a note under section 46 of this title. Amendment by section 212(a)(3), (b), (c), (d)(2)(A) of Pub. L. 97-34 applicable to expenditures incurred after Dec. 31, 1981, in taxable years ending after such date, see section 212(e) of Pub. L. 97-34, set out as a note under section 46 of this title. EFFECTIVE DATE OF 1980 AMENDMENTS Section 109(b) of Pub. L. 96-605 provided that: 'The amendment made by subsection (a) (amending this section) shall apply to taxable years beginning after December 31, 1979.' Section 223(b) of Pub. L. 96-605 provided that: 'The amendments made by subsection (a) (amending this section) shall apply with respect to taxable years beginning after December 31, 1980.' Section 302(b) of Pub. L. 96-451 provided that: 'The amendments made by this section (amending this section) shall apply with respect to additions to capital account made after December 31, 1979.' Section 222(j) of Pub. L. 96-223, as amended by Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095, provided that: '(1) In general. - Except as provided in paragraph (2), the amendments made by this section (amending this section and section 46 of this title) shall apply to periods after December 31, 1979, under rules similar to the rules of section 48(m) of the Internal Revenue Code of 1986 (formerly I.R.C. 1954). '(2) Alumina electrolytic cells. - The amendments made by subsection (d)(1) (amending this section) shall apply to periods after September 30, 1978, under rules similar to the rules of section 48(m) of such Code.' Section 223(a)(2) of Pub. L. 96-223, as amended by Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095, provided that: 'The amendment made by paragraph (1) (amending this section) shall apply to periods after December 31, 1979, under rules similar to the rules of section 48(m) of the Internal Revenue Code of 1986 (formerly I.R.C. 1954).' Section 223(c)(2) of Pub. L. 96-223, as amended by Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095, provided that: '(A) In general. - Except as provided in subparagraph (B), the amendment made by paragraph (1) (amending this section) shall apply to periods after December 31, 1982, under rules similar to the rules of section 48(m) of the Internal Revenue Code of 1986 (formerly I.R.C. 1954).' '(B) Earlier application for certain property. - In the case of property which is - '(i) qualified hydroelectric generating property (described in section 48(l)(2)(A)(vii) of such Code), '(ii) cogeneration equipment (described in section 48(l)(2)(A)(viii) of such Code), '(iii) qualified intercity buses (described in section 48(l)(2)(A)(ix) of such Code), '(iv) ocean thermal property (described in section 48(l)(3)(A)(ix) of such Code), or '(v) expanded energy credit property, the amendment made by paragraph (1) shall apply to periods after December 31, 1979, under rules similar to the rules of section 48(m) of the Internal Revenue Code of 1986. '(C) Expanded energy credit property. - For purposes of subparagraph (B), the term 'expanded energy credit property' means - '(i) property to which section 48(l)(3)(A) of such Code applies because of the amendments made by paragraphs (1) and (2) of section 222(b) (amending this section), '(ii) property described in section 48(l)(4)(C) of such Code (relating to solar process heat), '(iii) property described in section 48(l)(5)(L) of such Code (relating to alumina electrolytic cells), and '(iv) property described in the last sentence of section 48(l)(3)(A) of such Code (relating to storage equipment for refuse-derived fuel). '(D) Financing taken into account. - For the purpose of applying the provisions of section 48(l)(11) of such Code in the case of property financed in whole or in part by subsidized energy financing (within the meaning of section 48(l)(11)(C) of such Code), no financing made before January 1, 1980, shall be taken into account. The preceding sentence shall not apply to financing provided from the proceeds of any tax exempt industrial development bond (within the meaning of section 103(b)(2) of such Code).' Amendment by Pub. L. 96-222 effective, except as otherwise provided, as if it had been included in the provisions of the Revenue Act of 1978, Pub. L. 95-600, to which such amendment relates, see section 201 of Pub. L. 96-222, set out as a note under section 32 of this title. Section 108(c)(7) of Pub. L. 96-222 provided that: 'Any amendment made by this subsection (amending sections 4071, 4221, 6416, and 6421 of this title) shall take effect as if included in the provision of the Energy Tax Act of 1978 (See Short Title of 1978 Amendment note set out under section 1 of this title) to which such amendment relates; except that the amendment made by paragraph (6) (amending this section) shall take effect on the first day of the first calendar month which begins more than 10 days after the date of the enactment of this Act (Apr. 1, 1980).' EFFECTIVE DATE OF 1978 AMENDMENTS Section 301(d)(4) of Pub. L. 95-618 provided that: '(A) In general. - The amendments made by this subsection (amending this section and section 167 of this title) shall apply to property which is placed in service after September 30, 1978. '(B) Binding contracts. - The amendments made by this subsection (amending this section and section 167 of this title) shall not apply to property which is constructed, reconstructed, erected, or acquired pursuant to a contract which, on October 1, 1978, and at all times thereafter, was binding on the taxpayer.' Amendment by section 141(b) of Pub. L. 95-600 effective with respect to qualified investment for taxable years beginning after Dec. 31, 1978, see section 141(g)(1) of Pub. L. 95-600, set out as an Effective Date note under section 409 of this title. Amendment by section 312(c)(1), (2), (3) of Pub. L. 95-600 applicable to taxable years ending after Dec. 31, 1978, see section 312(d) of Pub. L. 95-600, set out as a note under section 46 of this title. Section 314(c) of Pub. L. 95-600 provided that: 'The amendments made by subsections (a) and (b) (amending this section) shall apply to taxable years ending after August 15, 1971.' Section 315(d) of Pub. L. 95-600 provided that: 'The amendments made by this section (amending this section) shall apply to taxable years ending after October 31, 1978; except that the amendment made by subsection (c) shall only apply with respect to property placed in service after such date.' Amendment by section 703(a)(3), (4) of Pub. L. 95-600 effective on Oct. 4, 1976, see section 703(r) of Pub. L. 95-600, set out as a note under section 46 of this title. EFFECTIVE DATE OF 1976 AMENDMENT Amendment by section 802(b)(6) of Pub. L. 94-455 applicable to taxable years beginning after Dec. 31, 1975, see section 802(c) of Pub. L. 94-455, set out as a note under section 46 of this title. Section 804(e) of Pub. L. 94-455, as amended by Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095, provided that: '(1) In general. - The amendments made by subsections (a) and (b) (amending this section and section 47 of this title) shall apply to taxable years beginning after December 31, 1974. '(2) Election may also apply to property described in section 50(a). - At the election of the taxpayer, made within 1 year after the date of the enactment of this Act (Oct. 4, 1976) in such manner as the Secretary of the Treasury or his delegate may by regulations prescribe, the amendments made by subsections (a) and (b) shall also apply to property which is property described in section 50(a) of the Internal Revenue Code of 1986 (formerly I.R.C. 1954) and which is placed in service in taxable years beginning before January 1, 1975.' Amendment by section 1051(h)(1) of Pub. L. 94-455 applicable to taxable years beginning after Dec. 31, 1975 with certain exceptions, see section 1051(i) of Pub. L. 94-455, set out as a note under section 27 of this title. Amendment by section 1901(a)(5), (b)(11)(A) of Pub. L. 94-455 applicable with respect to taxable years beginning after Dec. 31, 1976, see section 1901(d) of Pub. L. 94-455, set out as a note under section 2 of this title. Amendment by section 2112(a) of Pub. L. 94-455 applicable to property acquired by the taxpayer after Dec. 31, 1976, and property, the construction, reconstruction, or erection of which was completed by the taxpayer after Dec. 31, 1976, (but only to the extent of the basis thereof attributable to construction, reconstruction, or erection after such date), in taxable years beginning after such date, see section 2112(d)(1) of Pub. L. 94-455, set out as a note under section 46 of this title. EFFECTIVE AND TERMINATION DATES OF 1975 AMENDMENT Section 301(c)(2) of Pub. L. 94-12, as amended by Pub. L. 94-455, title VIII, Sec. 801, Oct. 4, 1976, 90 Stat. 1580; Pub. L. 95-600, title III, Sec. 311(b), Nov. 6, 1978, 92 Stat. 2824, provided that: 'The amendments made by paragraph (1) (amending this section) shall apply only to taxable years beginning after December 31, 1974.' Amendment by section 302(c)(3) of Pub. L. 94-12 applicable to taxable years ending after Dec. 31, 1974, see section 305(a) of Pub. L. 94-12, set out as an Effective Date of 1975 Amendment note under section 46 of this title. Section 604(b) of Pub. L. 94-12, as amended by Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095, provided that: '(1) In general. - The amendments made by subsection (a) (amending this section) shall apply to property, the construction, reconstruction, or erection of which was completed after March 18, 1975, or the acquisition of which by the taxpayer occurred after such date. '(2) Binding contract. - The amendments made by subsection (a) (amending this section) shall not apply to property constructed, reconstructed, erected, or acquired pursuant to a contract which was on April 1, 1974, and at all times thereafter, binding on the taxpayer. '(3) Certain lease-back transactions, etc. - Where a person who is a party to a binding contract described in paragraph (2) transfers rights in such contract (or in the property to which such contract relates) to another person but a party to such contract retains a right to use the property under a lease with such other person, then to the extent of the transferred rights such other person shall, for purposes of paragraph (2), succeed to the position of the transferor with respect to such binding contract and such property. The preceding sentence shall apply, in any case in which the lessor does not make an election under section 48(d) of the Internal Revenue Code of 1986 (formerly I.R.C. 1954), only if a party to such contract retains a right to use the property under a long-term lease.' EFFECTIVE DATE OF 1971 AMENDMENT Section 104(h) of Pub. L. 92-178, as amended by Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095, provided that: 'The amendments made by this section (amending this section and sections 169 and 1245 of this title) (other than by subsections (c)(1), (c)(2), and (g) (amending this section)) shall apply to property described in section 50 of the Internal Revenue Code of 1986 (formerly I.R.C. 1954). The amendments made by subsections (c)(1), (c)(2), and (g) (amending this section) shall apply to taxable years ending after December 31, 1961.' Amendment by section 108(b), (c) of Pub. L. 92-178, applicable to leases entered into after Sept. 22, 1971, and after Nov. 8, 1971, respectively, see section 108(d) of Pub. L. 92-178, set out as a note under section 46 of this title. EFFECTIVE DATE OF 1969 AMENDMENT Amendment by section 121(d)(2)(A) of Pub. L. 91-172 applicable to taxable years beginning after Dec. 31, 1969, see section 121(g) of Pub. L. 91-172, set out as a note under section 511 of this title. Amendment by section 401(e)(2)-(4) of Pub. L. 91-172 applicable with respect to taxable years ending on or after Dec. 31, 1970, see section 401(h)(3) of Pub. L. 91-172, set out as a note under section 1561 of this title. EFFECTIVE DATE OF 1967 AMENDMENT Section 4 of Pub. L. 90-26 provided that: 'The amendments made by the first three sections of this Act (amending this section and section 167 of this title) shall apply to taxable years ending after March 9, 1967.' EFFECTIVE DATE OF 1966 AMENDMENTS Section 201(b) of Pub. L. 89-809, as amended by Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095, provided that: 'The amendments made by subsection (a) (amending this section) shall apply to taxable years ending after December 31, 1965, but only with respect to property placed in service after such date. In applying section 46(b) of the Internal Revenue Code of 1986 (formerly I.R.C. 1954) (relating to carryback and carryover of unused credits), the amount of any investment credit carryback to any taxable year ending on or before December 31, 1965, shall be determined without regard to the amendments made by this section.' Amendment by Pub. L. 89-800 applicable to taxable years ending after Oct. 9, 1966, see section 4 of Pub. L. 89-800, set out as a note under section 46 of this title. EFFECTIVE DATE OF 1964 AMENDMENT Section 203(a)(4) of Pub. L. 88-272 provided that: 'Paragraphs (1) (amending this section) and (3) (amending this section and section 1016 of this title and repealing section 181 of this title) of this subsection shall apply - '(A) in the case of property placed in service after December 31, 1963, with respect to taxable years ending after such date, and '(B) in the case of property placed in service before January 1, 1964, with respect to taxable years beginning after December 31, 1963.' Section 203(f) of Pub. L. 88-272 provided that: '(1) The amendments made by subsection (b) (amending this section) shall apply with respect to property possession of which is transferred to a lessee on or after the date of enactment of this Act (Feb. 26, 1964). '(2) The amendments made by subsection (c) (amending this section) shall apply with respect to taxable years ending after June 30, 1963. '(3) The amendments made by subsection (d) (amending section 1245 of this title) shall apply with respect to dispositions after December 31, 1963, in taxable years ending after such date.' EFFECTIVE DATE Section applicable with respect to taxable years ending after Dec. 31, 1961, see section 2(h) of Pub. L. 87-834, set out as a note under section 46 of this title. SAVINGS PROVISION For provisions that nothing in amendment by Pub. L. 101-508 be construed to affect treatment of certain transactions occurring, property acquired, or items of income, loss, deduction, or credit taken into account prior to Nov. 5, 1990, for purposes of determining liability for tax for periods ending after Nov. 5, 1990, see section 11821(b) of Pub. L. 101-508, set out as a note under section 29 of this title. -TRANS- TRANSFER OF FUNCTIONS Functions, powers, and duties of Federal Aviation Agency and of Administrator and other offices and officers thereof transferred by Pub. L. 89-670, Oct. 15, 1966, 80 Stat. 931, to Secretary of Transportation, with functions, powers, and duties of Secretary of Transportation pertaining to aviation safety to be exercised by Federal Aviation Administrator in Department of Transportation, see section 106 of Title 49, Appendix, Transportation. -MISC5- PLAN AMENDMENTS NOT REQUIRED UNTIL JANUARY 1, 1989 For provisions directing that if any amendments made by subtitle A or subtitle C of title XI (Sec. 1101-1147 and 1171-1177) or title XVIII (Sec. 1800-1899A) of Pub. L. 99-514 require an amendment to any plan, such plan amendment shall not be required to be made before the first plan year beginning on or after Jan. 1, 1989, see section 1140 of Pub. L. 99-514, as amended, set out as a note under section 401 of this title. APPLICABILITY OF CERTAIN AMENDMENTS BY PUB. L. 99-514 IN RELATION TO TREATY OBLIGATIONS OF UNITED STATES For applicability of amendment by section 701(e)(4)(C) of Pub. L. 99-514 notwithstanding any treaty obligation of the United States in effect on Oct. 22, 1986, with provision that for such purposes any amendment by title I of Pub. L. 100-647 be treated as if it had been included in the provision of Pub. L. 99-514 to which such amendment relates, see section 1012(aa)(2), (4) of Pub. L. 100-647, set out as a note under section 861 of this title. SPECIAL RULE Section 1879(j)(3) of Pub. L. 99-514 provided that: 'If refund or credit of any overpayment of tax resulting from the application of this subsection (amending this section) is prevented at any time before the close of the date which is 1 year after the date of the enactment of this Act (Oct. 22, 1986) by operation of any law or rule of law (including res judicata), refund or credit of such overpayment (to the extent attributable to the application of the amendments made by this subsection (amending this section)) may, nevertheless, be made or allowed if claim therefor is filed before the close of such 1-year period.' CLARIFICATION OF EFFECT OF 1984 AMENDMENT ON INVESTMENT TAX CREDIT For provision that nothing in the amendments made by section 474(o) of Pub. L. 98-369, which amended this section, be construed as reducing the investment tax credit in taxable years beginning before Jan. 1, 1984, see section 475(c) of Pub. L. 98-369, set out as a note under section 46 of this title. ALTERNATIVE METHODS OF COMPUTING CREDIT FOR PAST PERIODS Section 804(c) of Pub. L. 94-455, as amended by Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095, provided that: '(1) General rule for determining useful life, predominant foreign use, etc. - In the case of a qualified film (within the meaning of section 48(k)(1)(B) of the Internal Revenue Code of 1986 (formerly I.R.C. 1954)) placed in service in a taxable year beginning before January 1, 1975, with respect to which neither an election under paragraph (2) of this subsection nor an election under subsection (e)(2) applies - '(A) the applicable percentage under section 46(c)(2) of such Code shall be determined as if the useful life of the film would have expired at the close of the first taxable year by the close of which the aggregate amount allowable as a deduction under section 167 of such Code would equal or exceed 90 percent of the basis of such property (adjusted for any partial dispositions), '(B) for purposes of section 46(c)(1) of such Code, the basis of the property shall be determined by taking into account the total production costs (within the meaning of section 48(k)(5)(B) of such Code), '(C) for purposes of section 48(a)(2) of such Code, such film shall be considered to be used predominantly outside the United