Subpart I—Qualified Tax Credit Bonds
Amendments
2009—
2008—
1 So in original. Does not conform to section catchline.
§54A. Credit to holders of qualified tax credit bonds
(a) Allowance of credit
If a taxpayer holds a qualified tax credit bond on one or more credit allowance dates of the bond during any taxable year, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the sum of the credits determined under subsection (b) with respect to such dates.
(b) Amount of credit
(1) In general
The amount of the credit determined under this subsection with respect to any credit allowance date for a qualified tax credit bond is 25 percent of the annual credit determined with respect to such bond.
(2) Annual credit
The annual credit determined with respect to any qualified tax credit bond is the product of—
(A) the applicable credit rate, multiplied by
(B) the outstanding face amount of the bond.
(3) Applicable credit rate
For purposes of paragraph (2), the applicable credit rate is the rate which the Secretary estimates will permit the issuance of qualified tax credit bonds with a specified maturity or redemption date without discount and without interest cost to the qualified issuer. The applicable credit rate with respect to any qualified tax credit bond shall be determined as of the first day on which there is a binding, written contract for the sale or exchange of the bond.
(4) Special rule for issuance and redemption
In the case of a bond which is issued during the 3-month period ending on a credit allowance date, the amount of the credit determined under this subsection with respect to such credit allowance date shall be a ratable portion of the credit otherwise determined based on the portion of the 3-month period during which the bond is outstanding. A similar rule shall apply when the bond is redeemed or matures.
(c) Limitation based on amount of tax
(1) In general
The credit allowed under subsection (a) for any taxable year shall not exceed the excess of—
(A) the sum of the regular tax liability (as defined in section 26(b)) plus the tax imposed by section 55, over
(B) the sum of the credits allowable under this part (other than subparts C and J and this subpart).
(2) Carryover of unused credit
If the credit allowable under subsection (a) exceeds the limitation imposed by paragraph (1) for such taxable year, such excess shall be carried to the succeeding taxable year and added to the credit allowable under subsection (a) for such taxable year (determined before the application of paragraph (1) for such succeeding taxable year).
(d) Qualified tax credit bond
For purposes of this section—
(1) Qualified tax credit bond
The term "qualified tax credit bond" means—
(A) a qualified forestry conservation bond,
(B) a new clean renewable energy bond,
(C) a qualified energy conservation bond,
(D) a qualified zone academy bond, or
(E) a qualified school construction bond,
which is part of an issue that meets requirements of paragraphs (2), (3), (4), (5), and (6).
(2) Special rules relating to expenditures
(A) In general
An issue shall be treated as meeting the requirements of this paragraph if, as of the date of issuance, the issuer reasonably expects—
(i) 100 percent or more of the available project proceeds to be spent for 1 or more qualified purposes within the 3-year period beginning on such date of issuance, and
(ii) a binding commitment with a third party to spend at least 10 percent of such available project proceeds will be incurred within the 6-month period beginning on such date of issuance.
(B) Failure to spend required amount of bond proceeds within 3 years
(i) In general
To the extent that less than 100 percent of the available project proceeds of the issue are expended by the close of the expenditure period for 1 or more qualified purposes, the issuer shall redeem all of the nonqualified bonds within 90 days after the end of such period. For purposes of this paragraph, the amount of the nonqualified bonds required to be redeemed shall be determined in the same manner as under section 142.
(ii) Expenditure period
For purposes of this subpart, the term "expenditure period" means, with respect to any issue, the 3-year period beginning on the date of issuance. Such term shall include any extension of such period under clause (iii).
(iii) Extension of period
Upon submission of a request prior to the expiration of the expenditure period (determined without regard to any extension under this clause), the Secretary may extend such period if the issuer establishes that the failure to expend the proceeds within the original expenditure period is due to reasonable cause and the expenditures for qualified purposes will continue to proceed with due diligence.
(C) Qualified purpose
For purposes of this paragraph, the term "qualified purpose" means—
(i) in the case of a qualified forestry conservation bond, a purpose specified in section 54B(e),
(ii) in the case of a new clean renewable energy bond, a purpose specified in section 54C(a)(1),
(iii) in the case of a qualified energy conservation bond, a purpose specified in section 54D(a)(1),
(iv) in the case of a qualified zone academy bond, a purpose specified in section 54E(a)(1), and
(v) in the case of a qualified school construction bond, a purpose specified in section 54F(a)(1).
(D) Reimbursement
For purposes of this subtitle, available project proceeds of an issue shall be treated as spent for a qualified purpose if such proceeds are used to reimburse the issuer for amounts paid for a qualified purpose after the date that the Secretary makes an allocation of bond limitation with respect to such issue, but only if—
(i) prior to the payment of the original expenditure, the issuer declared its intent to reimburse such expenditure with the proceeds of a qualified tax credit bond,
(ii) not later than 60 days after payment of the original expenditure, the issuer adopts an official intent to reimburse the original expenditure with such proceeds, and
(iii) the reimbursement is made not later than 18 months after the date the original expenditure is paid.
(3) Reporting
An issue shall be treated as meeting the requirements of this paragraph if the issuer of qualified tax credit bonds submits reports similar to the reports required under section 149(e).
(4) Special rules relating to arbitrage
(A) In general
An issue shall be treated as meeting the requirements of this paragraph if the issuer satisfies the requirements of section 148 with respect to the proceeds of the issue.
(B) Special rule for investments during expenditure period
An issue shall not be treated as failing to meet the requirements of subparagraph (A) by reason of any investment of available project proceeds during the expenditure period.
(C) Special rule for reserve funds
An issue shall not be treated as failing to meet the requirements of subparagraph (A) by reason of any fund which is expected to be used to repay such issue if—
(i) such fund is funded at a rate not more rapid than equal annual installments,
(ii) such fund is funded in a manner reasonably expected to result in an amount not greater than an amount necessary to repay the issue, and
(iii) the yield on such fund is not greater than the discount rate determined under paragraph (5)(B) with respect to the issue.
(5) Maturity limitation
(A) In general
An issue shall be treated as meeting the requirements of this paragraph if the maturity of any bond which is part of such issue does not exceed the maximum term determined by the Secretary under subparagraph (B).
(B) Maximum term
During each calendar month, the Secretary shall determine the maximum term permitted under this paragraph for bonds issued during the following calendar month. Such maximum term shall be the term which the Secretary estimates will result in the present value of the obligation to repay the principal on the bond being equal to 50 percent of the face amount of such bond. Such present value shall be determined using as a discount rate the average annual interest rate of tax-exempt obligations having a term of 10 years or more which are issued during the month. If the term as so determined is not a multiple of a whole year, such term shall be rounded to the next highest whole year.
(6) Prohibition on financial conflicts of interest
An issue shall be treated as meeting the requirements of this paragraph if the issuer certifies that—
(A) applicable State and local law requirements governing conflicts of interest are satisfied with respect to such issue, and
(B) if the Secretary prescribes additional conflicts of interest rules governing the appropriate Members of Congress, Federal, State, and local officials, and their spouses, such additional rules are satisfied with respect to such issue.
(e) Other definitions
For purposes of this subchapter—
(1) Credit allowance date
The term "credit allowance date" means—
(A) March 15,
(B) June 15,
(C) September 15, and
(D) December 15.
Such term includes the last day on which the bond is outstanding.
(2) Bond
The term "bond" includes any obligation.
(3) State
The term "State" includes the District of Columbia and any possession of the United States.
(4) Available project proceeds
The term "available project proceeds" means—
(A) the excess of—
(i) the proceeds from the sale of an issue, over
(ii) the issuance costs financed by the issue (to the extent that such costs do not exceed 2 percent of such proceeds), and
(B) the proceeds from any investment of the excess described in subparagraph (A).
(f) Credit treated as interest
For purposes of this subtitle, the credit determined under subsection (a) shall be treated as interest which is includible in gross income.
(g) S Corporations and partnerships
In the case of a tax credit bond held by an S corporation or partnership, the allocation of the credit allowed by this section to the shareholders of such corporation or partners of such partnership shall be treated as a distribution.
(h) Bonds held by real estate investment trusts
If any qualified tax credit bond is held by a real estate investment trust, the credit determined under subsection (a) shall be allowed to beneficiaries of such trust (and any gross income included under subsection (f) with respect to such credit shall be distributed to such beneficiaries) under procedures prescribed by the Secretary.
(i) Credits may be stripped
Under regulations prescribed by the Secretary—
(1) In general
There may be a separation (including at issuance) of the ownership of a qualified tax credit bond and the entitlement to the credit under this section with respect to such bond. In case of any such separation, the credit under this section shall be allowed to the person who on the credit allowance date holds the instrument evidencing the entitlement to the credit and not to the holder of the bond.
(2) Certain rules to apply
In the case of a separation described in paragraph (1), the rules of section 1286 shall apply to the qualified tax credit bond as if it were a stripped bond and to the credit under this section as if it were a stripped coupon.
(Added
Codification
Amendments
2009—Subsec. (c)(1)(B).
Subsec. (d)(1)(E).
Subsec. (d)(2)(C)(v).
Subsec. (h).
2008—Subsec. (d)(1).
"(A) a qualified forestry conservation bond, or
"(B) a new clean renewable energy bond,
which is part of an issue that meets requirements of paragraphs (2), (3), (4), (5), and (6)."
Subsec. (d)(1)(D).
Subsec. (d)(2)(C).
"(i) in the case of a qualified forestry conservation bond, a purpose specified in section 54B(e), and
"(ii) in the case of a new clean renewable energy bond, a purpose specified in section 54C(a)(1)."
Subsec. (d)(2)(C)(iv).
Effective Date of 2009 Amendment
Amendment by section 1531(c)(2) of
Amendment by section 1541(b)(2) of
Effective Date of 2008 Amendment
Amendment by section 107(b)(1), (2) of
Effective Date
Enactment of this section and repeal of
Section applicable to obligations issued after June 18, 2008, see section 15316(d) of
§54B. Qualified forestry conservation bonds
(a) Qualified forestry conservation bond
For purposes of this subchapter, the term "qualified forestry conservation bond" means any bond issued as part of an issue if—
(1) 100 percent of the available project proceeds of such issue are to be used for one or more qualified forestry conservation purposes,
(2) the bond is issued by a qualified issuer, and
(3) the issuer designates such bond for purposes of this section.
(b) Limitation on amount of bonds designated
The maximum aggregate face amount of bonds which may be designated under subsection (a) by any issuer shall not exceed the limitation amount allocated to such issuer under subsection (d).
(c) National limitation on amount of bonds designated
There is a national qualified forestry conservation bond limitation of $500,000,000.
(d) Allocations
(1) In general
The Secretary shall make allocations of the amount of the national qualified forestry conservation bond limitation described in subsection (c) among qualified forestry conservation purposes in such manner as the Secretary determines appropriate so as to ensure that all of such limitation is allocated before the date which is 24 months after the date of the enactment of this section.
(2) Solicitation of applications
The Secretary shall solicit applications for allocations of the national qualified forestry conservation bond limitation described in subsection (c) not later than 90 days after the date of the enactment of this section.
(e) Qualified forestry conservation purpose
For purposes of this section, the term "qualified forestry conservation purpose" means the acquisition by a State or any political subdivision or instrumentality thereof or a 501(c)(3) organization (as defined in section 150(a)(4)) from an unrelated person of forest and forest land that meets the following qualifications:
(1) Some portion of the land acquired must be adjacent to United States Forest Service Land.
(2) At least half of the land acquired must be transferred to the United States Forest Service at no net cost to the United States and not more than half of the land acquired may either remain with or be conveyed to a State.
(3) All of the land must be subject to a native fish habitat conservation plan approved by the United States Fish and Wildlife Service.
(4) The amount of acreage acquired must be at least 40,000 acres.
(f) Qualified issuer
For purposes of this section, the term "qualified issuer" means a State or any political subdivision or instrumentality thereof or a 501(c)(3) organization (as defined in section 150(a)(4)).
(g) Special arbitrage rule
In the case of any qualified forestry conservation bond issued as part of an issue, section 54A(d)(4)(C) shall be applied to such issue without regard to clause (i).
(h) Election to treat 50 percent of bond allocation as payment of tax
(1) In general
If—
(A) a qualified issuer receives an allocation of any portion of the national qualified forestry conservation bond limitation described in subsection (c), and
(B) the qualified issuer elects the application of this subsection with respect to such allocation,
then the qualified issuer (without regard to whether the issuer is subject to tax under this chapter) shall be treated as having made a payment against the tax imposed by this chapter, for the taxable year preceding the taxable year in which the allocation is received, in an amount equal to 50 percent of the amount of such allocation.
(2) Treatment of deemed payment
(A) In general
Notwithstanding any other provision of this title, the Secretary shall not use the payment of tax described in paragraph (1) as an offset or credit against any tax liability of the qualified issuer but shall refund such payment to such issuer.
(B) No interest
Except as provided in paragraph (3)(A), the payment described in paragraph (1) shall not be taken into account in determining any amount of interest under this title.
(3) Requirement for, and effect of, election
(A) Requirement
No election under this subsection shall take effect unless the qualified issuer certifies to the Secretary that any payment of tax refunded to the issuer under this subsection will be used exclusively for 1 or more qualified forestry conservation purposes. If the qualified issuer fails to use any portion of such payment for such purpose, the issuer shall be liable to the United States in an amount equal to such portion, plus interest at the overpayment rate under section 6621 for the period from the date such portion was refunded to the date such amount is paid. Any such amount shall be assessed and collected in the same manner as tax imposed by this chapter, except that subchapter B of
(B) Effect of election on allocation
If a qualified issuer makes the election under this subsection with respect to any allocation—
(i) the issuer may issue no bonds pursuant to the allocation, and
(ii) the Secretary may not reallocate such allocation for any other purpose.
(Added
References in Text
The date of the enactment of this section, referred to in subsec. (d), is the date of enactment of
Codification
Effective Date
Enactment of this section and repeal of
Section applicable to obligations issued after June 18, 2008, see section 15316(d) of
§54C. New clean renewable energy bonds
(a) New clean renewable energy bond
For purposes of this subpart, the term "new clean renewable energy bond" means any bond issued as part of an issue if—
(1) 100 percent of the available project proceeds of such issue are to be used for capital expenditures incurred by governmental bodies, public power providers, or cooperative electric companies for one or more qualified renewable energy facilities,
(2) the bond is issued by a qualified issuer, and
(3) the issuer designates such bond for purposes of this section.
(b) Reduced credit amount
The annual credit determined under section 54A(b) with respect to any new clean renewable energy bond shall be 70 percent of the amount so determined without regard to this subsection.
(c) Limitation on amount of bonds designated
(1) In general
The maximum aggregate face amount of bonds which may be designated under subsection (a) by any issuer shall not exceed the limitation amount allocated under this subsection to such issuer.
(2) National limitation on amount of bonds designated
There is a national new clean renewable energy bond limitation of $800,000,000 which shall be allocated by the Secretary as provided in paragraph (3), except that—
(A) not more than 331/3 percent thereof may be allocated to qualified projects of public power providers,
(B) not more than 331/3 percent thereof may be allocated to qualified projects of governmental bodies, and
(C) not more than 331/3 percent thereof may be allocated to qualified projects of cooperative electric companies.
(3) Method of allocation
(A) Allocation among public power providers
After the Secretary determines the qualified projects of public power providers which are appropriate for receiving an allocation of the national new clean renewable energy bond limitation, the Secretary shall, to the maximum extent practicable, make allocations among such projects in such manner that the amount allocated to each such project bears the same ratio to the cost of such project as the limitation under paragraph (2)(A) bears to the cost of all such projects.
(B) Allocation among governmental bodies and cooperative electric companies
The Secretary shall make allocations of the amount of the national new clean renewable energy bond limitation described in paragraphs (2)(B) and (2)(C) among qualified projects of governmental bodies and cooperative electric companies, respectively, in such manner as the Secretary determines appropriate.
(4) Additional limitation
The national new clean renewable energy bond limitation shall be increased by $1,600,000,000. Such increase shall be allocated by the Secretary consistent with the rules of paragraphs (2) and (3).
(d) Definitions
For purposes of this section—
(1) Qualified renewable energy facility
The term "qualified renewable energy facility" means a qualified facility (as determined under section 45(d) without regard to paragraphs (8) and (10) thereof and to any placed in service date) owned by a public power provider, a governmental body, or a cooperative electric company.
(2) Public power provider
The term "public power provider" means a State utility with a service obligation, as such terms are defined in section 217 of the Federal Power Act (as in effect on the date of the enactment of this paragraph).
(3) Governmental body
The term "governmental body" means any State or Indian tribal government, or any political subdivision thereof.
(4) Cooperative electric company
The term "cooperative electric company" means a mutual or cooperative electric company described in section 501(c)(12) or section 1381(a)(2)(C).
(5) Clean renewable energy bond lender
The term "clean renewable energy bond lender" means a lender which is a cooperative which is owned by, or has outstanding loans to, 100 or more cooperative electric companies and is in existence on February 1, 2002, and shall include any affiliated entity which is controlled by such lender.
(6) Qualified issuer
The term "qualified issuer" means a public power provider, a cooperative electric company, a governmental body, a clean renewable energy bond lender, or a not-for-profit electric utility which has received a loan or loan guarantee under the Rural Electrification Act.
(Added
References in Text
Section 217 of the Federal Power Act, referred to in subsec. (d)(2), is classified to
The date of the enactment of this paragraph, referred to in subsec. (d)(2), is the date of enactment of
The Rural Electrification Act, referred to in subsec. (d)(6), probably means the Rural Electrification Act of 1936, act May 20, 1936, ch. 432,
Amendments
2009—Subsec. (c)(4).
Effective Date
Section applicable to obligations issued after Oct. 3, 2008, see section 107(d) of
Application of Certain Labor Standards to Projects Financed With Certain Tax-Favored Bonds
"(1) any new clean renewable energy bond (as defined in section 54C of the Internal Revenue Code of 1986) issued after the date of the enactment of this Act [Feb. 17, 2009],
"(2) any qualified energy conservation bond (as defined in section 54D of the Internal Revenue Code of 1986) issued after the date of the enactment of this Act,
"(3) any qualified zone academy bond (as defined in section 54E of the Internal Revenue Code of 1986) issued after the date of the enactment of this Act,
"(4) any qualified school construction bond (as defined in section 54F of the Internal Revenue Code of 1986), and
"(5) any recovery zone economic development bond (as defined in section 1400U–2 of the Internal Revenue Code of 1986)."
§54D. Qualified energy conservation bonds
(a) Qualified energy conservation bond
For purposes of this subchapter, the term "qualified energy conservation bond" means any bond issued as part of an issue if—
(1) 100 percent of the available project proceeds of such issue are to be used for one or more qualified conservation purposes,
(2) the bond is issued by a State or local government, and
(3) the issuer designates such bond for purposes of this section.
(b) Reduced credit amount
The annual credit determined under section 54A(b) with respect to any qualified energy conservation bond shall be 70 percent of the amount so determined without regard to this subsection.
(c) Limitation on amount of bonds designated
The maximum aggregate face amount of bonds which may be designated under subsection (a) by any issuer shall not exceed the limitation amount allocated to such issuer under subsection (e).
(d) National limitation on amount of bonds designated
There is a national qualified energy conservation bond limitation of $3,200,000,000.
(e) Allocations
(1) In general
The limitation applicable under subsection (d) shall be allocated by the Secretary among the States in proportion to the population of the States.
(2) Allocations to largest local governments
(A) In general
In the case of any State in which there is a large local government, each such local government shall be allocated a portion of such State's allocation which bears the same ratio to the State's allocation (determined without regard to this subparagraph) as the population of such large local government bears to the population of such State.
(B) Allocation of unused limitation to State
The amount allocated under this subsection to a large local government may be reallocated by such local government to the State in which such local government is located.
(C) Large local government
For purposes of this section, the term "large local government" means any municipality or county if such municipality or county has a population of 100,000 or more.
(3) Allocation to issuers; restriction on private activity bonds
Any allocation under this subsection to a State or large local government shall be allocated by such State or large local government to issuers within the State in a manner that results in not less than 70 percent of the allocation to such State or large local government being used to designate bonds which are not private activity bonds.
(4) Special rules for bonds to implement green community programs
In the case of any bond issued for the purpose of providing loans, grants, or other repayment mechanisms for capital expenditures to implement green community programs, such bond shall not be treated as a private activity bond for purposes of paragraph (3).
(f) Qualified conservation purpose
For purposes of this section—
(1) In general
The term "qualified conservation purpose" means any of the following:
(A) Capital expenditures incurred for purposes of—
(i) reducing energy consumption in publicly-owned buildings by at least 20 percent,
(ii) implementing green community programs (including the use of loans, grants, or other repayment mechanisms to implement such programs),
(iii) rural development involving the production of electricity from renewable energy resources, or
(iv) any qualified facility (as determined under section 45(d) without regard to paragraphs (8) and (10) thereof and without regard to any placed in service date).
(B) Expenditures with respect to research facilities, and research grants, to support research in—
(i) development of cellulosic ethanol or other nonfossil fuels,
(ii) technologies for the capture and sequestration of carbon dioxide produced through the use of fossil fuels,
(iii) increasing the efficiency of existing technologies for producing nonfossil fuels,
(iv) automobile battery technologies and other technologies to reduce fossil fuel consumption in transportation, or
(v) technologies to reduce energy use in buildings.
(C) Mass commuting facilities and related facilities that reduce the consumption of energy, including expenditures to reduce pollution from vehicles used for mass commuting.
(D) Demonstration projects designed to promote the commercialization of—
(i) green building technology,
(ii) conversion of agricultural waste for use in the production of fuel or otherwise,
(iii) advanced battery manufacturing technologies,
(iv) technologies to reduce peak use of electricity, or
(v) technologies for the capture and sequestration of carbon dioxide emitted from combusting fossil fuels in order to produce electricity.
(E) Public education campaigns to promote energy efficiency.
(2) Special rules for private activity bonds
For purposes of this section, in the case of any private activity bond, the term "qualified conservation purposes" shall not include any expenditure which is not a capital expenditure.
(g) Population
(1) In general
The population of any State or local government shall be determined for purposes of this section as provided in section 146(j) for the calendar year which includes the date of the enactment of this section.
(2) Special rule for counties
In determining the population of any county for purposes of this section, any population of such county which is taken into account in determining the population of any municipality which is a large local government shall not be taken into account in determining the population of such county.
(h) Application to Indian tribal governments
An Indian tribal government shall be treated for purposes of this section in the same manner as a large local government, except that—
(1) an Indian tribal government shall be treated for purposes of subsection (e) as located within a State to the extent of so much of the population of such government as resides within such State, and
(2) any bond issued by an Indian tribal government shall be treated as a qualified energy conservation bond only if issued as part of an issue the available project proceeds of which are used for purposes for which such Indian tribal government could issue bonds to which section 103(a) applies.
(Added
References in Text
The date of the enactment of this section, referred to in subsec. (g)(1), is the date of enactment of
Amendments
2009—Subsec. (d).
Subsec. (e)(4).
Subsec. (f)(1)(A)(ii).
Effective Date
Section applicable to obligations issued after Oct. 3, 2008, see section 301(c) of title III of div. B of
§54E. Qualified zone academy bonds
(a) Qualified zone academy bonds
For purposes of this subchapter, the term "qualified zone academy bond" means any bond issued as part of an issue if—
(1) 100 percent of the available project proceeds of such issue are to be used for a qualified purpose with respect to a qualified zone academy established by an eligible local education agency,
(2) the bond is issued by a State or local government within the jurisdiction of which such academy is located, and
(3) the issuer—
(A) designates such bond for purposes of this section,
(B) certifies that it has written assurances that the private business contribution requirement of subsection (b) will be met with respect to such academy, and
(C) certifies that it has the written approval of the eligible local education agency for such bond issuance.
(b) Private business contribution requirement
For purposes of subsection (a), the private business contribution requirement of this subsection is met with respect to any issue if the eligible local education agency that established the qualified zone academy has written commitments from private entities to make qualified contributions having a present value (as of the date of issuance of the issue) of not less than 10 percent of the proceeds of the issue.
(c) Limitation on amount of bonds designated
(1) National limitation
There is a national zone academy bond limitation for each calendar year. Such limitation is $400,000,000 for 2008, $1,400,000,000 for 2009 and 2010, and $400,000,000 for 2011, 2012, and 2013 and, except as provided in paragraph (4), zero thereafter.
(2) Allocation of limitation
The national zone academy bond limitation for a calendar year shall be allocated by the Secretary among the States on the basis of their respective populations of individuals below the poverty line (as defined by the Office of Management and Budget). The limitation amount allocated to a State under the preceding sentence shall be allocated by the State education agency to qualified zone academies within such State.
(3) Designation subject to limitation amount
The maximum aggregate face amount of bonds issued during any calendar year which may be designated under subsection (a) with respect to any qualified zone academy shall not exceed the limitation amount allocated to such academy under paragraph (2) for such calendar year.
(4) Carryover of unused limitation
(A) In general
If for any calendar year—
(i) the limitation amount for any State, exceeds
(ii) the amount of bonds issued during such year which are designated under subsection (a) with respect to qualified zone academies within such State,
the limitation amount for such State for the following calendar year shall be increased by the amount of such excess.
(B) Limitation on carryover
Any carryforward of a limitation amount may be carried only to the first 2 years following the unused limitation year. For purposes of the preceding sentence, a limitation amount shall be treated as used on a first-in first-out basis.
(C) Coordination with section 1397E
Any carryover determined under section 1397E(e)(4) (relating to carryover of unused limitation) with respect to any State to calendar year 2008 or 2009 shall be treated for purposes of this section as a carryover with respect to such State for such calendar year under subparagraph (A), and the limitation of subparagraph (B) shall apply to such carryover taking into account the calendar years to which such carryover relates.
(d) Definitions
For purposes of this section—
(1) Qualified zone academy
The term "qualified zone academy" means any public school (or academic program within a public school) which is established by and operated under the supervision of an eligible local education agency to provide education or training below the postsecondary level if—
(A) such public school or program (as the case may be) is designed in cooperation with business to enhance the academic curriculum, increase graduation and employment rates, and better prepare students for the rigors of college and the increasingly complex workforce,
(B) students in such public school or program (as the case may be) will be subject to the same academic standards and assessments as other students educated by the eligible local education agency,
(C) the comprehensive education plan of such public school or program is approved by the eligible local education agency, and
(D)(i) such public school is located in an empowerment zone or enterprise community (including any such zone or community designated after the date of the enactment of this section), or
(ii) there is a reasonable expectation (as of the date of issuance of the bonds) that at least 35 percent of the students attending such school or participating in such program (as the case may be) will be eligible for free or reduced-cost lunches under the school lunch program established under the National School Lunch Act.
(2) Eligible local education agency
For purposes of this section, the term "eligible local education agency" means any local educational agency as defined in section 9101 of the Elementary and Secondary Education Act of 1965.
(3) Qualified purpose
The term "qualified purpose" means, with respect to any qualified zone academy—
(A) rehabilitating or repairing the public school facility in which the academy is established,
(B) providing equipment for use at such academy,
(C) developing course materials for education to be provided at such academy, and
(D) training teachers and other school personnel in such academy.
(4) Qualified contributions
The term "qualified contribution" means any contribution (of a type and quality acceptable to the eligible local education agency) of—
(A) equipment for use in the qualified zone academy (including state-of-the-art technology and vocational equipment),
(B) technical assistance in developing curriculum or in training teachers in order to promote appropriate market driven technology in the classroom,
(C) services of employees as volunteer mentors,
(D) internships, field trips, or other educational opportunities outside the academy for students, or
(E) any other property or service specified by the eligible local education agency.
(Added
References in Text
The date of the enactment of this section, referred to in subsec. (d)(1)(D)(i), is the date of enactment of
The National School Lunch Act, referred to in subsec. (d)(1)(D)(ii), probably means the Richard B. Russell National School Lunch Act, act June 4, 1946, ch. 281,
Section 9101 of the Elementary and Secondary Education Act of 1965, referred to in subsec. (d)(2), is classified to
Amendments
2013—Subsec. (c)(1).
2010—Subsec. (c)(1).
2009—Subsec. (c)(1).
Effective Date of 2013 Amendment
Effective Date of 2010 Amendment
Effective Date of 2009 Amendment
Effective Date
Section applicable to obligations issued after Oct. 3, 2008, see section 313(c) of title III of div. C of
§54F. Qualified school construction bonds
(a) Qualified school construction bond
For purposes of this subchapter, the term "qualified school construction bond" means any bond issued as part of an issue if—
(1) 100 percent of the available project proceeds of such issue are to be used for the construction, rehabilitation, or repair of a public school facility or for the acquisition of land on which such a facility is to be constructed with part of the proceeds of such issue,
(2) the bond is issued by a State or local government within the jurisdiction of which such school is located, and
(3) the issuer designates such bond for purposes of this section.
(b) Limitation on amount of bonds designated
The maximum aggregate face amount of bonds issued during any calendar year which may be designated under subsection (a) by any issuer shall not exceed the limitation amount allocated under subsection (d) for such calendar year to such issuer.
(c) National limitation on amount of bonds designated
There is a national qualified school construction bond limitation for each calendar year. Such limitation is—
(1) $11,000,000,000 for 2009,
(2) $11,000,000,000 for 2010, and
(3) except as provided in subsection (e), zero after 2010.
(d) Allocation of limitation
(1) Allocation among States
Except as provided in paragraph (2)(C), the limitation applicable under subsection (c) for any calendar year shall be allocated by the Secretary among the States in proportion to the respective amounts each such State is eligible to receive under section 1124 of the Elementary and Secondary Education Act of 1965 (
(2) 40 percent of limitation allocated among largest school districts
(A) In general
40 percent of the limitation applicable under subsection (c) for any calendar year shall be allocated under subparagraph (B) by the Secretary among local educational agencies which are large local educational agencies for such year.
(B) Allocation formula
The amount to be allocated under subparagraph (A) for any calendar year shall be allocated among large local educational agencies in proportion to the respective amounts each such agency received under section 1124 of the Elementary and Secondary Education Act of 1965 (
(C) Reduction in State allocation
The allocation to any State under paragraph (1) shall be reduced by the aggregate amount of the allocations under this paragraph to large local educational agencies within such State.
(D) Allocation of unused limitation to State
The amount allocated under this paragraph to a large local educational agency for any calendar year may be reallocated by such agency to the State in which such agency is located for such calendar year. Any amount reallocated to a State under the preceding sentence may be allocated as provided in paragraph (1).
(E) Large local educational agency
For purposes of this paragraph, the term "large local educational agency" means, with respect to a calendar year, any local educational agency if such agency is—
(i) among the 100 local educational agencies with the largest numbers of children aged 5 through 17 from families living below the poverty level, as determined by the Secretary using the most recent data available from the Department of Commerce that are satisfactory to the Secretary, or
(ii) 1 of not more than 25 local educational agencies (other than those described in clause (i)) that the Secretary of Education determines (based on the most recent data available satisfactory to the Secretary) are in particular need of assistance, based on a low level of resources for school construction, a high level of enrollment growth, or such other factors as the Secretary deems appropriate.
(3) Allocations to certain possessions
The amount to be allocated under paragraph (1) to any possession of the United States other than Puerto Rico shall be the amount which would have been allocated if all allocations under paragraph (1) were made on the basis of respective populations of individuals below the poverty line (as defined by the Office of Management and Budget). In making other allocations, the amount to be allocated under paragraph (1) shall be reduced by the aggregate amount allocated under this paragraph to possessions of the United States.
(4) Allocations for Indian schools
In addition to the amounts otherwise allocated under this subsection, $200,000,000 for calendar year 2009, and $200,000,000 for calendar year 2010, shall be allocated by the Secretary of the Interior for purposes of the construction, rehabilitation, and repair of schools funded by the Bureau of Indian Affairs. In the case of amounts allocated under the preceding sentence, Indian tribal governments (as defined in section 7701(a)(40)) shall be treated as qualified issuers for purposes of this subchapter.
(e) Carryover of unused limitation
If for any calendar year—
(1) the amount allocated under subsection (d) to any State, exceeds
(2) the amount of bonds issued during such year which are designated under subsection (a) pursuant to such allocation,
the limitation amount under such subsection for such State for the following calendar year shall be increased by the amount of such excess. A similar rule shall apply to the amounts allocated under paragraphs (2) and (4) of subsection (d).
(Added
Amendments
2010—Subsec. (d)(1).
Subsec. (e).
Effective Date of 2010 Amendment
Effective Date
Section applicable to obligations issued after Feb. 17, 2009, see section 1521(c) of