Page 509

Repeal effective for taxable years beginning after Dec. 31, 1976, see section 1901(d) of Pub. L. 94-455, set out as an Effective Date of 1976 Amendment note under section 2 of this title.

§ 188. Amortization of certain expenditures for child care facilities

(a) Allowance of deduction

At the election of the taxpayer, made in accordance with regulations prescribed by the Secretary, any expenditure chargeable to capital account made by an employer to acquire, construct, reconstruct, or rehabilitate section 188 property (as defined in subsection (b)) shall be allowable as a deduction ratably over a period of 60 months, beginning with the month in which the property is placed in service. The deduction provided by this section with respect to such expenditure shall be in lieu of any depreciation deduction otherwise allowable on account of such expenditure.

$ 190

90 Stat. 1834; Pub. L. 95-30, title IV, §402(a)1)-(3), May 23, 1977, 91 Stat. 155.)

AMENDMENTS

1977-Pub. L. 95-30, 402(a)(3), struck out "on-thejob training and" after "expenditures for" in section catchline.

Subsec. (b). Pub. L. 95-30, § 402(aX2), struck out "as a facility for on-the-job training of employees (or prospective employees) of the taxpayer, or" after "regulations prescribed by the Secretary".

Subsec. (c). Pub. L. 95-30, 402(a1), substituted "January 1, 1982" for "January 1, 1977".

1976-Subsecs. (a), (b). Pub. L. 94-455 struck out "or his delegate" after "Secretary".

EFFECTIVE DATE OF 1977 AMENDMENT

Section 402(b) of Pub. L. 95-30 provided that: "The amendments made by subsection (a) [amending this section and section 57 of this title] shall apply with respect to expenditures made after December 31, 1976." EFFECTIVE DATE

Section 303(d) of Pub. L. 92-178 provided that: "The amendments made by this section (enacting this section and amending sections 57, 642, 1082, 1245, and 1250 of this title] shall apply to taxable years ending after December 31, 1971."

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 48, 642, 1082. 1245, 1250 of this title.

[§ 189. Repealed. Pub. L. 99-514, title VIII, § 803(b)(1), Oct. 22, 1986, 100 Stat. 2355]

Section, added Pub. L. 94-455, title II. § 201(a). Oct. 4. 1976. 90 Stat. 1525, and amended Pub. L. 95-600, title VII. §701(mX1), Nov. 6, 1978, 92 Stat. 2907; Pub. L. 97-34, title II. 262(a), (b), Aug. 13. 1981, 95 Stat. 264: Pub. L. 97-248, title II. § 207(ad), Sept. 3, 1982, 96 Stat. 431, 432; Pub. L. 97-354, 5(a)24), Oct. 19. 1982, 96 Stat. 1694: Pub. L. 98-369, div. A. title I. 93(a), title VII, § 712(c), July 18, 1984, 98 Stat. 614. 947, related to amortization of real property construction period interest and taxes.

EFFECTIVE DATE OF REPEAL

Repeal 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.

$ 190. Expenditures to remove architectural and transportation barriers to the handicapped and elderly

(a) Treatment as expenses

(1) In general

A taxpayer may elect to treat qualified architectural and transportation barrier removal expenses which are paid or incurred by him during the taxable year as expenses which are not chargeable to capital account. The expenditures so treated shall be allowed as a deduction.

(2) Election

An election under paragraph (1) shall be made at such time and in such manner as the Secretary prescribes by regulations.

(b) Definitions

For purposes of this section

95-010-89-18 (Vol. 10). QL3

§ 191

(1) Architectural and transportation barrier removal expenses

The term "architectural and transportation barrier removal expenses" means an expenditure for the purpose of making any facility or public transportation vehicle owned or leased by the taxpayer for use in connection with his trade or business more accessible to, and usable by, handicapped and elderly individuals.

(2) Qualified architectural and transportation barrier removal expenses

The term "qualified architectural and transportation barrier removal expense" means, with respect to any such facility or public transportation vehicle, an architectural or transportation barrier removal expense with respect to which the taxpayer establishes, to the satisfaction of the Secretary. that the resulting removal of any such barrier meets the standards promulgated by the Secretary with the concurrence of the Architectural and Transportation Barriers Compliance Board and set forth in regulations prescribed by the Secretary. (3) Handicapped individual

The term "handicapped individual" means any individual who has a physical or mental disability (including, but not limited to, blindness or deafness) which for such individual constitutes or results in a functional limitation to employment, or who has any physical or mental impairment (including, but not limited to, a sight or hearing impairment) which substantially limits one or more major life activities of such individual.

(c) Limitation

The deduction allowed by subsection (a) for any taxable year shall not exceed $35,000. (d) Application of section

This section shall apply to

(1) taxable years beginning after December 31. 1976, and before January 1, 1983, and

(2) taxable years beginning after December 31. 1983.

(Added Pub. L. 94-455, title XXI, § 2122(a), Oct. 4. 1976, 90 Stat. 1914, and amended Pub. L. 98-369, div. A, title X, § 1062(a)(1), (b), July 18, 1984, 98 Stat. 1047; Pub. L. 99-514. title II. § 244, Oct. 22, 1986, 100 Stat. 2183.)

AMENDMENTS

1986-Subsec. (d)(2). Pub. L. 99-514 substituted "1983" for "1983, and before January 1, 1986". 1984-Subsec. (c). Pub. L. 98-369, § 1062(b), substi. tuted "$35.000" for "$25,000".

Subsec. (d). Pub. L. 98-369, 1062(a)(1), amended subsec. (d) generally, substituting provisions that this section shall apply to taxable years beginning after December 31. 1976, and before January 1, 1983, and to taxable years beginning after December 31, 1983, and before January 1, 1986 for provisions which had required the Secretary to prescribe such regulations as might be necessary to carry out this section within 180 days after October 4, 1976.

EFFECTIVE DATE OF 1984 AMENDMENT

Section 1062(c) of Pub. L. 98-369 provided that: "The amendment made by subsection (b) (amending

Page 510

this section] shall apply to taxable years beginning after December 31, 1983."

EFFECTIVE DATE

Section 2122(c) of Pub. L. 94-455, as amended by Pub. L. 96-167, § 9(c), Dec. 29, 1979, 93 Stat. 1278; Pub. L. 98-369. div. A, title X, 1062(aX2), July 18, 1984. 98 Stat. 1047, provided that: "The amendments made by this section (enacting this section and amending sections 263, 1245, and 1250 of this title) shall apply to taxable years beginning after December 31, 1976."

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 67, 263, 1245. 1250 of this title.

[§ 191. Repealed. Pub. L. 97-34, title II, § 212(d)(1), Aug. 13, 1981, 95 Stat. 239]

Section. added Pub. L. 94-455. title XXI. § 2124(a)(1), Oct. 4, 1976, 90 Stat. 1916, and amended Pub. L. 95-600, title VII. § 701(D)(1), (2), (7), Nov. 6. 1978. 92 Stat. 2900-2902; Pub. L. 96-222, title I. § 107(aX1XE)(ii). Apr. 1, 1980. 94 Stat. 222; Pub. L. 96-541. 2(a), Dec. 17, 1980, 94 Stat. 3204. related to amortization of certain rehabilitation expenditures for certified historic structures.

EFFECTIVE DATE OF REPEAL

Repeal applicable to expenditures incurred after Dec. 31. 1981, in taxable years ending after such date. with exceptions, see section 212(e) of Pub. L. 97-34, set out as an Effective Date of 1981 Amendment note under section 46 of this title.

§ 192. Contributions to black lung benefit trust

(a) Allowance of deduction

There is allowed as a deduction for the taxable year an amount equal to the sum of the amounts contributed by the taxpayer during the taxable year to or under a trust or trusts described in section 501(c)21).

(b) Limitation

The maximum amount of the deduction allowed by subsection (a) for any taxpayer for any taxable year shall not exceed the greater of

(1) the amount necessary to fund (with level funding) the remaining unfunded liabil. ity of the taxpayer for black lung claims filed (or expected to be filed) by (or with respect to) past or present employees of the taxpay

er, or

(2) the aggregate amount necessary to increase each trust described in section 501(c)(21) to the amount required to pay all amounts payable out of such trust for the taxable year.

(c) Special rules

(1) Method of determining amounts referred to in subsection (b)

(A) In general

The amounts described in subsection (b) shall be determined by using reasonable ac tuarial methods and assumptions which are not inconsistent with regulations prescribed by the Secretary.

such lapse shall be treated as a transfer by such individual by gil or a transfer which is includible in the gross estate of the decedent, whichever is applicable, in the amount determined under paragraph (2).

**(2) AMOUNT OF TRANSFER-For purposes of paragraph (1), the amount determined under this paragraph is the excess (if any) af

"(A) the value of all interests in the entity held by the individual described in paragraph (1) immediately before the lapse (determined as if the voting and liquidation rights were nonlapsing, over

"(B) the value of such interests immediately after the lapse.

"(3) SIMILAR RIGHTS.-The Secretary may by requictions apply this subsection to rights similar to voting and liquidation rights.

"(b) CERTAIN RESTRICTIONS ON LIQUIDATION DISREGARDED.

"(1) IN GENERAL-FOT purposes of this subtille. U

"A there is a transfer of an interest in a corporation or partnership to for for the benefit of a member of the transferor's family, and

"(B) the transferor and members of the transferor's family hold immediately before the transfer, control of the entity.

any applicable restriction shall be disregarded in determining the value of the transferred interest

"(2) APPLICABLE RESTRICTION.-For purposes of this subsection, the term applicable restriction' means any restriction

"(A) which effectively limits the ability of the corporation or partnership to liquidate. and

"(B) with respect to which either of the fol lowing applies:

" The restriction lapses, in whole or in part after the transfer referred to in paragraph (1).

"it The transferor or any member of the transferor's family, either alone or collec. tively, has the right after such transfer to remove, in whole or in part, the restriction

"(3) EXCEPTIONS.-The term 'applicable restriction' shall not include

"(A) any commercially reasonable restric tion which arises as part of any financing by the corporation or partnership with a person who is not related to the transferor or transferee, or a member of the family of either, Or

"B) any restriction imposed, or required to be imposed, by any Federal or State law. "(4) OTHER RESTRICTIONS.-The Secretary may by regulations provide that other restrictions shall be disregarded in determining the value of the transfer of any interest in a corporation or partnership to a member of the transferor's family if such restriction has the effect of reducing the value of the transferred interest for purposes of this sudtitle but does not ultimately reduce the value of such interest to the transferee.

"(c) DEFINITIONS AND SPECIAL RULES-For purposes of this section

"(1) CONTROL-The term 'control' has the meaning given such term by section 2701(b)(2).

"(2) MEMBER OF THE FAMILY. -The term 'member of the family' means, with respect to any individual

"(A) such individual's spouse, "(B) any ancestor or lineal descendant of such individual or such individual's spouse. "(C) any brother or sister of the individval, and

"(D) any spouse of any individual described in subparagraph (B) or (C).

"(3) ATTRIBUTION-The rule of section 2701(e)(3)(A) shall apply for purposes of determining the interests held by any individ. Wal"

(b) EXTENSION OF STATUTE OF LIMITATIONS.— Subsection (c) of section 6501 frelating to limitations on assessment and collection) is amended by adding at the end thereof the following new paragraph:

"(9) GIFT TAX ON CERTAIN GIFTS NOT SHOWN ON RETURN.-If any gift of property the value of which is determined under section 2701 or 2702 (or any increase in taxable gifts required under section 2701(d) is required to be shown on a return of tar imposed by chapter 12 (without regard to section 2503(b)), and is not shown on such return, any tax imposed by chapter 12 on such gift may be assessed, or a proceeding in court for the collection of such tar may be begun without assessment, at any time. The preceding sentence shall not apply to any item not shown as a gift on such return if such item is disclosed in such return, or in a statement attached to the return, in a manner adequate to apprise the Secretary of the nature of such item."

(C) CONFORMING AMENDMENT.-The table of chapters for subtille B is amended by adding at the end thereof the following item:

"CHAPTER 14. Special Valuation Rules." (d) STUDY.-The Secretary of the Treasury shall conduct a study of

(1) the prevalence and types of options and agreements used to distort the valu ation of property for purposes of subtille B of the Internal Revenue Code of 1986, and

(2) other methods using discretionary rights to distort the value of property for such purposes.

The Secretary shall, not later than December 31, 1992, report the results of such study, together with such legislative recommendations as the Secretary considers necessary, to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives.

(II) agreements, options, rights, or restrictions which are substantially modified after October 8, 1990, and

(ii) to the extent such amendments relate to section 2704 of such Code las so added), shall apply to restrictions or rights for limitations on rights created after October 8, 1990.

(B) EXCEPTION.-For purposes of subpara. graph (A)), with respect to properly transJerred before October 9, 1990

(1) any failure to exercize a right of conIrsion,

(ii) any failure to pay dividends, and fiti/ any failure to exercise other rights specified in regulations,

shall not be treated as a subsequent transfer. (2) SURSECTION (b).-The amendment made by subsection (bi shall apply to gifts after October 8, 1990.

PART II-DISABLED ACCESS CRED:1 SEC. 11611. CREDIT FOR COST OF PROVIDING ACCESS FOR DISABLED INDIVIDUALS

(a) GENERAL RULE.-Subpart D of part IV of subchapter A of chapter 1 frelating to business related credits), as amended by subtitle E, is amended by adding at the end thereof the following new section:

October 26, 1990

"SEC. 44. EXPENDITURES TO PROVIDE ACCESS TO DISABLED INDIVIDUALS

"fa) GENERAL RULE-For purposes of section 38, in the case of an eligible small business, the amount of the disabled access credit determined under this section for any taxable year shall be an amount equal to 50 percent of so much of the eligible access expenditures for the taxable year as exceed $250 but do not exceed $10,250.

"(b) ELIGIBLE SMALL BUSINESS-For purposes of this section, the term 'eligible small business' means any person if

"(1) either

"(A) the gross receipts of such person for the preceding taxable year did not exceed $1,000,000, or

"(B) in the case of a person to which subparagraph (A) does not apply, such person employed not more than 30 full-time employees during the preceding taxable year, and

"(2) such person elects the application of this section for the taxable year. For purposes of paragraph (1)(B), an employee shall be considered full-time if such employee is employed at least 30 hours per week for 20 or more calendar weeks in the tarable year.

"(c) ELIGIBLE ACCESS EXPENDITURES.-For purposes of this section

"(1) IN GENERAL-The term 'eligible acccss expenditures' means amounts paid or incurred by an eligible small business for the purpose of enabling such eligible small business to comply with applicable requirements under the Americans With Disabilities Act of 1990 (as in effect on the date of the enactment of this section).

"(2) CERTAIN EXPENDITURES INCLUDED.-The term 'eligible access expenditures includes amounts paid or incurred

"(A) for the purpose of removing architectural communication, physical, or transportation barriers which prevent a business from being accessible to, or usable by, indimduals with disabilities.

"(B) to provide qualified interpreters or other effective methods of making aurally delivered materials available to individuals with hearing impairments.

"IC) to provide qualified readers. taped texts, and other effective methods of making visually delivered materials available to individuals with visual impairments,

"(D) to acquire or modify equipment or de vices for individuals with disabilities, or modifications, materials, or equipment "(E) to provide other similar services.

"(3) EXPENDITURES MUST BE REASONABLE.— Amounts paid or incurred for the purposes described in paragraph (2) shall include only expenditures which are reasonable and shall not include expenditures which are unnecessary to accomplish such purposes.

"(4) EXPENSES IN CONNECTION WITH NEW CONSTRUCTION ARE NOT ELIGIBLE-The term 'eligible access cxpenditures' shall not include amounts described in paragraph (2)(A) which are paid or incurred in connection with any facility first placed in service after the date of the enactment of this section.

"(5) EXPENDITURES MUST MEET STANDARDS.— The term 'eligible access expenditures' shall not include any amount unless the taxpayer establishes to the satisfaction of the Secretary, that the resulting removal of any barrier for the provision of any services, modifications. materials, or equipment) meets the standards promulgated by the Secretary with the concurrence of the Architectural cnd Transportation Barriers Compliance Board and set forth in regulations prescribed by the Secretary.

"(d) DEFINITION OF DISABILITY: SPECIAL RULES.-For purposes of this section"(1) DISABILITY.-The term 'disability' has the the same meaning as when used in

October 26, 1930

Americans With Disučilities Act of 1990 (as in effect on the date of the enactment of this section!.

"(2) CONTROLLED GROUPS.

"(A) IN GENERAL-All members of the same controlled group of corporations (within the meaning of section 52(c)) and all persons under common control within the meaning of section 52(b) shall be treated as i person for purposes of this section.

"(B) DOLLAR LIMITATION.-The Secretary shall apportion the dollar limitation under subsection (a) among the members of any group described in subparagraph (A) in such Inanner as the Secretary shall by regulations prescribe.

(3) PARTNERSHIPS AND S CORPORATIONS.-In the case of a partnership, the limitation under subsection (a) shall apply with respert to the partnership and each partner. A similar rale shall apply in the case of an S corporation and its shareholders.

"14) SHORT YEARS.-The Secretary shall prescribe such adjustments as may be appropri ate for purposes of paragraph (1) of subsection (b) is the preceding taxable year is a taxable year of less than 12 months.

"(5) GROSS RECEIPTS.-Gross receipts for any tarable year shall be reduced by returns and allowances made during such year.

"(6) TREATMENT OF PREDECESSORS.-The ref erence to any person in paragraph (1) of subsection (b) shall be treated as including a reference to any predecessor.

"(7) DENIAL OF DOUBLE BENEFIT.-In the case of the amount of the credit determined under this section

"A) no deduction or credit shall be allowed for such amount under any other provision of this chapter, and

"(B) no increase in the adjusted basis of any property shall result from such amount "le) REGULATIONS.-The Secretary shall prescribe regulations necessary to carry out the purposes of this section."

(b) CREDIT MADE PART OF GENERAL BUSI NESS CREDIT.

(1) IN GENERAL-Subsection (b) of section 38, as amended by subtitle E. is amended by striking "plus" at the end of paragraph (5), by striking the period at the end of paragraph (6) and inserting "plus" and by adding at the end thereof the following new paragraph:

"(7) in the case of an eligible small business as defined in section 44(b), the disabled access credit determined under section #!a)."

(2) CARRYBACKS.-Section 39/d) is amended by adding at the end thereof the following new paragraph:

"15) NO CARRYBACK OF SECTION 44 CREDIT BEFORE ENACTMENT.-No portion of the unused business credit for any taxable year which is attributable to the disabled access credit determined under section 44 may be carried to a taxable year ending before the date of the enactment of section 44."

(c) DEDUCTION REDUCED FOR ARCHITECTURAL AND TRANSPORTATION BARRIER REMOVAL EXPENSES.-Section 190(c) (relating to expendi. tures to remove architectural and transportation barriers to the handicapped and elderly) is amended by striking "$35,000" and inserting "$15,000".

(d) CLERICAL AMENDMENT.-The table of sections for subpart D of part IV of subchapter A of chapter 1, as amended by subtitle E, is amended by adding at the end thereof the following new item:

"Sec. 44. Expenditures to provide access to disabled individuals."

(2) SUBSECTION IC.-The amendment made by subsection (c) shall apply to tarable years beginning after the date of the encctment of

this Act

PART III-OTHER PROVISIONS SEC. 11621. REVIEW OF IMPACT OF REGULATIONS ON SMALL BUSINESS.

(a) GENERAL RULE.-Subsection '!!) of sec tion 7805 (relating to review of impact of regulations on small business) is amended to read as follows:

"(f) REVIEW OF IMPACT OF REGULATIONS ON SMALL BUSINESS.—

"(1) SUBMISSIONS TO SILALL BUSINESS ADMINISTRATION.-After publication of any proposed or temporary regulation by the Secretary, the Secretary shall submit such regulation to the Chief Counsel for Advocacy of the Small Business Administration for comment on the impact of such regulation on small business. Not later than the date 4 weeks after the date of such submission, the Chief Counsel for Advocacy shall submit comments on such regulation to the Secretary.

"(2) CONSIDERATION OF COMMENTS.-in prescribing any final regulation which supersedes a proposed or temporary regulation which had been submitted under this subsection to the Chief Counsel for Advocacy of the Small Business Administration

"A) the Secretary shall consider the comments of the Chief Counsel for Advocacy on such proposed or temporary regulation, and

"(B) the Secretary shall discuss any response to such comments in the preamble of such final regulation

"(3) SUBMISSION OF CERTAIN FINAL REGULA TIONS.-In the case of the promulgation by the Secretary of any final regulation (other than a temporary regulation) which does not supersede a proposed regulation, the requirements of paragraphs (1) and (2) shall apply: except that

"(A) the submission under paragraph (1) shall be made at least 4 weeks before the date of such promulgation, and

"(B) the consideration (and discussion) required under paragraph (2) shall be made in connection with the promulgation of such final regulation."

181 EFFECTIVE DATE.-The amendment made by subsection (a) shall apply to regulations issued after the date which is 30 days after the date of the enactment of this Act SEC. 11622 GRAPHIC PRESENTATION OF MAJOR CATEGORIES OF FEDERAL OUTLAYS AND INCOME

(a) GENERAL RULE.-Chapter 77 (relating to miscellaneous provisions) is amended by adding at the end thereof the following new section:

"SEC. 7523. GRAPHIC PRESENTATION OP MAJOR CATEGORIES OF FEDERAL OUTLAYS AND INCOME

"(a) GENERAL RULE-In the case of any booklet of instructions for Form 1040, 1040A. OT 1040 EZ prepared by the Secretary for filing individual income tax returns for taxable years beginning in any calendar year, the Secretary shall include in a prominent place

"(1) a pie-shaped graph showing the relative sizes of the major outlay categories, and "(2) a pie-shaped graph showing the relative sizes of the major income categories. "(b) DEFINITIONS AND SPECIAL RULES-FOT purposes af subsection (a)

"(1) MAJOR OUTLAY CATEGORIES.-The term 'major outlay categories' means the following.

"(A) Defense, veterans, and foreign affairs. "(B) Social security, medicare, and other retirement

C Physical, human, and community de velopment

"(D) Social programs.

"(E) Law enforcement and general government

"(F) Interest on the debl

II 12553

"(2) MAJOR INCOME CATEGORIES.-The term 'major income categories' means the following:

"(A) Social security, medicare, and unem ployment and other retirement taxes. "(5) Personal income Lares.

"IC) Corporcle income lazes. "(D) Borrowing lo cover the deficil "(E) Excise, customs, esicle, gift and mis ceilaneous taxes.

"(3) REQUIRED FOOTNOTES.-The pie-shaped graph showing the major callay categories shall include the following footnotes:

"A) A footnote to the category referred to in paragraph (1)(A) showing the percentage of the total outlays which is for defense, the percentage of total outlays which is for veterans, and the percentage of total outlays which is for foreign affairs.

"(B) A footnote to the category referred un in paragraph (1)(C) showing that such calegory consists of agriculture, natural resources, environment, transportation, education, job training, economic development. space, energy, and general science.

"IC) A footnote to the category referred to in paragraph (1)(D) showing the percentage of the total outlays which is for medicaid food stamps, and aid to families with dependent children and the percentage of total outlays which is for public health unem ployment, assisted housing, and social serv ices.

"(4) DATA ON WHICH GRAPHS ARE BASED. The graphs required under subsection (a) shall be based on data for the most recent fiscal year for which complete data is available as of the completion of the preparation of the instructions by the Secretary."

(b) CLERICAL AMENDMENT.-The table of sections for chapter 77 is amended by adding at the end thereof Le following now item: "Sec. 7523. Graphic pre.entation of major categories of Federal outlays and income."

(c) EFFECTIVE DATE.-The amendments made by this section shall apply to instruc tions prepared for taxable years beginning after 1990.

Subtitle G-Tar Technical Corrections SEC 11700 COORDINATION WITH OTHER SUBTITLES. For purposes of applying the amendments made by any subtitle of this title other than this subtitle, the provisions of this subtitle shall be treated as having been enacted immediately before the provisions of such other subtitles

SEC. 11701. AMENDMENTS RELATED TO REVENUE RECONCILIATION ACT OF 1989. (a) AMENDMENTS RELATED TO SECTION 7108.

(1)(A) Paragraph (2) of section 42(c) is amended by adding at the end thereof t.e following new sentence: "Such term does no! include any building with respect to which moderate rehabilitation assistance is provided, at any time during the compliance period, under section 8/e/(2) of the United States Housing Act of 1937."

(B) Paragraph (1) of section 42(b) is amended by striking the last sentence

(2) Subclause (1) of section 42(d)(5)(CINU is amended

(A) by inserting "which is designated by the Secretary of Housing and Urban Development and, for the most recent year for which census data are available on household income in such tract" after "census tract", and

(B) by inserting before the period "for suck year".

(3)(A) Clause (i) of section 42(g)(2)(D) is amended by inserting before the period "and such unit continues to be rent-restricted".