Amends the Internal Revenue Code to allow a taxpayer election to expense (i.e., deduct in the current taxable year) 50% of the cost of qualified advanced mine safety equipment property. Defines such property to include: (1) an emergency communication technology or device for constant communication with individuals outside the mine; (2) an electronic identification and location device; (3) an emergency oxygen-generating device; (4) pre-positioned oxygen supplies; and (5) a comprehensive atmospheric monitoring system to monitor levels of carbon monoxide and other gases present in a mine.
Allows employers a business-related tax credit for the lesser of 20% of the training costs of their qualified mine rescue team employees or $10,000 for each such employee. Defines such an employee as one who receives a certain level of mine safety training as prescribed by the Mine Safety and Health Administration. Terminates such credit after 2008.
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4835 Introduced in House (IH)]
109th CONGRESS
2d Session
H. R. 4835
To amend the Internal Revenue Code of 1986 to provide tax relief to
promote investments in mine safety.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 1, 2006
Mr. English of Pennsylvania introduced the following bill; which was
referred to the Committee on Ways and Means
_______________________________________________________________________
A BILL
To amend the Internal Revenue Code of 1986 to provide tax relief to
promote investments in mine safety.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. PARTIAL EXPENSING FOR ADVANCED MINE SAFETY EQUIPMENT.
(a) In General.--Part VI of subchapter B of chapter 1 of the
Internal Revenue Code of 1986 (relating to itemized deductions for
individuals and corporations) is amended by inserting after section
179D the following new section:
``SEC. 179E. ELECTION TO EXPENSE ADVANCED MINE SAFETY EQUIPMENT.
``(a) Treatment as Expenses.--A taxpayer may elect to treat 50
percent of the cost of any qualified advanced mine safety equipment
property as an expense which is not chargeable to capital account. Any
cost so treated shall be allowed as a deduction for the taxable year in
which the qualified advanced mine safety equipment property is placed
in service.
``(b) Election.--
``(1) In general.--An election under this section for any
taxable year shall be made on the taxpayer's return of the tax
imposed by this chapter for the taxable year. Such election
shall specify the advanced mine safety equipment property to
which the election applies and shall be made in such manner as
the Secretary may by regulations prescribe.
``(2) Election irrevocable.--Any election made under this
section may not be revoked except with the consent of the
Secretary.
``(c) Qualified Advanced Mine Safety Equipment Property.--For
purposes of this section, the term `qualified advanced mine safety
equipment property' means any advanced mine safety equipment property
for use in any underground mine located in the United States--
``(1) the original use of which commences with the
taxpayer, and
``(2) which is placed in service by the taxpayer after the
date of the enactment of this section.
``(d) Advanced Mine Safety Equipment Property.--For purposes of
this section, the term `advanced mine safety equipment property' means
any of the following:
``(1) Emergency communication technology or device which is
used to allow a miner to maintain constant communication with
an individual who is not in the mine.
``(2) Electronic identification and location device which
allows an individual who is not in the mine to track at all
times the movements and location of miners working in or at the
mine.
``(3) Emergency oxygen-generating, self-rescue device which
provides oxygen for at least 90 minutes.
``(4) Pre-positioned supplies of oxygen which (in
combination with self-rescue devices) can be used to provide
each miner on a shift, in the event of an accident or other
event which traps the miner in the mine or otherwise
necessitates the use of such a self-rescue device, the ability
to survive for at least 48 hours.
``(5) Comprehensive atmospheric monitoring system which
monitors the levels of carbon monoxide, methane, and oxygen
that are present in all areas of the mine and which can detect
smoke in the case of a fire in a mine.
``(e) Special Rules.--
``(1) Coordination with section 179.--No expenditures shall
be taken into account under subsection (a) with respect to the
portion of the cost of any property specified in an election
under section 179.
``(2) Basis reduction.--For purposes of this title, the
basis of any property shall be reduced by the portion of the
cost of such property taken into account under subsection (a).
``(f) Termination.--This section shall not apply to property placed
in service after the date which is 3 years after the date of the
enactment of this section.''.
(b) Alternative Election to Increase Minimum Tax Limitation.--
Section 53 of such Code (relating to credit for prior year minimum tax
liability) is amended by adding at the end the following new
subsection:
``(e) Temporary Election to Increase Minimum Tax Limitation for
Mine Safety Investments.--
``(1) In general.--A taxpayer may elect to increase the
limitation under subsection (c) for a taxable year by the cost
of any qualified advanced mine safety equipment property, as
defined for purposes of section 179E, placed into service
during such taxable year.
``(2) Election.--
``(A) In general.--An election under this
subsection for any taxable year shall be made on the
taxpayer's return of the tax imposed by this chapter
for the taxable year. Such election shall specify the
advanced mine safety equipment property to which the
election applies and shall be made in such manner as
the Secretary may by regulations prescribe.
``(B) Election irrevocable.--Any election made
under this subsection may not be revoked except with
the consent of the Secretary.
``(C) No double benefit.--A taxpayer making an
election under this subsection for any taxable year may
not make an election for such year under section 179E.
``(3) Credit refundable.--The aggregate increase in the
credit allowed by this section for any taxable year by reason
of this subsection shall for purposes of this title (other than
subsection (b)(2) of this section) be treated as a credit
allowed to the taxpayer under subpart C.
``(4) Termination.--The election made under this subsection
shall not apply with respect to property placed in service
after the date which is 3 years after the date of the enactment
of this section.''.
(c) Conforming Amendments.--
(1) Section 263(a)(1) of such Code is amended by striking
``or'' at the end of subparagraph (J), by striking the period
at the end of subparagraph (K) and inserting ``, or'', and by
inserting after subparagraph (K) the following new
subparagraph:
``(L) expenditures for which a deduction is allowed
under section 179E.''.
(2) Section 312(k)(3)(B) of such Code is amended by
striking ``or 179D'' each place it appears in the heading and
text thereof and inserting ``179D, or 179E''.
(3) Section 1016(a) of such Code is amended by striking
``and'' at the end of paragraph (36), by striking the period at
the end of paragraph (37) and inserting ``, and'', and by
adding at the end the following new paragraph:
``(38) to the extent provided in section 179E(e)(2).''.
(4) Section 1245(a)(2)(C) of such Code is amended by
inserting ``179E,'' after ``179D,''.
(5) The table of sections for part VI of subchapter B of
chapter 1 of such Code is amended by inserting after the item
relating to section 179D the following new item:
``Sec. 179E. Election to expense advanced mine safety equipment''.
(d) Effective Date.--The amendments made by this section shall
apply to costs paid or incurred after the date of the enactment of this
Act.
SEC. 2. MINE RESCUE TEAM TRAINING TAX CREDIT.
(a) In General.--Subpart D of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to business related
credits) is amended by adding at the end the following new section:
``SEC. 45N. MINE RESCUE TEAM TRAINING CREDIT.
``(a) Amount of Credit.--For purposes of section 38, the mine
rescue team training credit determined under this section with respect
to any eligible employer for any taxable year is an amount equal to the
lesser of--
``(1) 20 percent of the amount paid or incurred by the
taxpayer during the taxable year with respect to the training
program costs of each qualified mine rescue team employee
(including wages of such employee while attending such
program), or
``(2) $10,000 per qualified mine rescue team employee.
``(b) Qualified Mine Rescue Team Employee.--For purposes of this
section, the term `qualified mine rescue team employee' means with
respect to any taxable year any full-time employee of the taxpayer who
is--
``(1) a miner eligible for more than 6 months of such
taxable year to serve as a mine rescue team member as a result
of completing, at a minimum, an initial 20-hour course of
instruction as prescribed by the Mine Safety and Health
Administration's Office of Educational Policy and Development,
or
``(2) a miner eligible for more than 6 months of such
taxable year to serve as a mine rescue team member by virtue of
receiving at least 40 hours of refresher training in such
instruction.
``(c) Eligible Employer.--For purposes of this section, the term
`eligible employer' means any taxpayer which employs individuals as
miners in underground mines in the United States.
``(d) Wages.--For purposes of this section, the term `wages' has
the meaning given to such term by subsection (b) of section 3306
(determined without regard to any dollar limitation contained in such
section).
``(e) Termination.--This section shall not apply to taxable years
beginning after December 31, 2008.''.
(b) Credit Made Part of General Business Credit.--Section 38(b) of
such Code is amended by striking ``and'' at the end of paragraph (29),
by striking the period at the end of paragraph (30) and inserting ``,
and'', and by adding at the end the following new paragraph:
``(31) the mine rescue team training credit determined
under section 45N(a).''.
(c) Credit Allowed Against Minimum Tax.--Subparagraph (B) of
section 38(c)(4) of such Code (relating to specified credits) is
amended by redesignating clause (ii) as clause (iii) and inserting
after clause (i) the following new clause:
``(ii) for taxable years beginning after
December 31, 2005, and before January 1, 2009,
the mine rescue team training credit determined
under section 45N(a).''.
(d) No Double Benefit.--Section 280C of such Code is amended by
adding at the end the following new subsection:
``(e) Mine Rescue Team Training Credit.--No deduction shall be
allowed for that portion of the expenses otherwise allowable as a
deduction for the taxable year which is equal to the amount of the
credit determined for the taxable year under section 45N(a).''.
(e) Clerical Amendment.--The table of sections for subpart D of
part IV of subchapter A of chapter 1 of such Code is amended by adding
at the end the following new item:
``Sec. 45N. Mine rescue team training credit''.
(f) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2005.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Ways and Means.
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