Source
(Added Pub. L. 99–514, title XIII, § 1301(b), Oct. 22, 1986, 100 Stat. 2630; amended Pub. L. 100–203, title X, § 10631(b), Dec. 22, 1987, 101 Stat. 1330–455; Pub. L. 100–647, title I, § 1013(a)(9), (10), (28), (40), title VI, § 6180(b)(3), Nov. 10, 1988, 102 Stat. 3538, 3543, 3544, 3728; Pub. L. 101–239, title VII, § 7816(s)(2), Dec. 19, 1989, 103 Stat. 2423; Pub. L. 102–486, title XIX, § 1921(b)(3), Oct. 24, 1992, 106 Stat. 3028; Pub. L. 103–66, title XIII, § 13121(a), Aug. 10, 1993, 107 Stat. 432; Pub. L. 105–277, div. J, title II, § 2021(a), Oct. 21, 1998, 112 Stat. 2681–903; Pub. L. 106–554, § 1(a)(7) [title I, § 161(a)], Dec. 21, 2000, 114 Stat. 2763, 2763A–624; Pub. L. 107–16, title IV, § 422(c), June 7, 2001, 115 Stat. 66; Pub. L. 108–357, title VII, § 701(c), Oct. 22, 2004, 118 Stat. 1539; Pub. L. 109–59, title XI, § 11143(c), Aug. 10, 2005, 119 Stat. 1965.)
Adjustment of State Ceiling for Private Activity Bond Volume Cap for Calendar Year 2008
For inflation adjustment of amounts in subsection (d)(1) of this section used to calculate the State ceiling for volume cap for private activity bonds for calendar year 2008, see section
3.16 of Revenue Procedure 2007–66, set out as a note under section
1 of this title.
Amendment of Section
For termination of amendment by section 901 of Pub. L. 107–16, see Effective and Termination Dates of 2001 Amendment note below.
Amendments
2005—Subsec. (g)(3).
Pub. L. 109–59 substituted “(14), or (15) of section
142
(a), and” for “or (14) of section
142
(a) (relating to airports, docks and wharves, environmental enhancements of hydroelectric generating facilities, qualified public educational facilities, and qualified green building and sustainable design projects), and”.
2004—Subsec. (g)(3).
Pub. L. 108–357 substituted “(13), or (14)” for “or (13)” and “qualified public educational facilities, and qualified green building and sustainable design projects” for “and qualified public educational facilities”.
2001—Subsec. (g)(3).
Pub. L. 107–16, §§ 422(c),
901, temporarily substituted “(12), or (13)” for “or (12)” and “environmental enhancements of hydroelectric generating facilities, and qualified public educational facilities” for “and environmental enhancements of hydroelectric generating facilities”. See Effective and Termination Dates of 2001 Amendment note below.
2000—Subsec. (d)(1), (2).
Pub. L. 106–554 amended pars. (1) and (2) generally. Prior to amendment, pars. (1) and (2) provided for State ceilings based on the per capita limits and aggregate limits set out in an included table.
1998—Subsec. (d)(1).
Pub. L. 105–277 added par. (1) and struck out heading and text of former par. (1). Text read as follows: “The State ceiling applicable to any State for any calendar year shall be the greater of—
“(A) an amount equal to $75 multiplied by the State population, or
“(B) $250,000,000.
Subparagraph (B) shall not apply to any possession of the United States.”
Subsec. (d)(2).
Pub. L. 105–277 added par. (2) and struck out heading and text of former par. (2). Text read as follows: “In the case of calendar years after 1987, paragraph (1) shall be applied by substituting—
“(A) ‘$50’ for ‘$75’, and
“(B) ‘$150,000,000’ for ‘$250,000,000’.”
1993—Subsec. (g).
Pub. L. 103–66, which directed the amendment of par. (4) by adding at the end thereof the following flush sentence: “Paragraph (4) shall be applied without regard to ‘75 percent of’ if all of the property to be financed by the net proceeds of the issue is to be owned by a governmental unit (within the meaning of section
142
(b)(1)).”, was executed by inserting the sentence at the end of subsec. (g), to reflect the probable intent of Congress.
1992—Subsec. (g)(3).
Pub. L. 102–486 substituted “, (2), or (12)” for “or (2)” and “, docks and wharves, and environmental enhancements of hydroelectric generating facilities” for “and docks and wharves”.
1989—Subsec. (g)(3), (4).
Pub. L. 101–239 redesignated par. (3), relating to exempt facility bonds issued as part of an issue described in par. (11) of section
142
(a), as (4).
1988—Subsec. (d)(4)(B).
Pub. L. 100–647, § 1013(a)(40), substituted “respect to a” for “respect a”.
Subsec. (f)(5)(A).
Pub. L. 100–647, § 1013(a)(9), amended subpar. (A) generally, as in effect before amendment by
Pub. L. 100–203. Before amendment by
Pub. L. 100–203, subpar. (A) read as follows: “the purpose of issuing bonds referred to in one of the clauses of section
141
(d)(1)(A),”.
Subsec. (g)(3).
Pub. L. 100–647, § 6180(b)(3), added par. (3) relating to exempt facility bonds issued as part of an issue described in par. (11) of section
142
(a).
Subsec. (i)(2)(A).
Pub. L. 100–647, § 1013(a)(28)(A), amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: “the maturity date of the bond to be refunded, or”.
Subsec. (i)(3)(A).
Pub. L. 100–647, § 1013(a)(28)(B), amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: “the maturity date of the bond to be refunded, or”.
Subsec. (i)(4), (5).
Pub. L. 100–647, § 1013(a)(28)(C), added par. (4) and redesignated former par. (4) as (5).
Subsec. (k)(1).
Pub. L. 100–647, § 1013(a)(10)(A), substituted “paragraphs (2) and (3)” for “paragraph (2)”.
Subsec. (k)(3).
Pub. L. 100–647, § 1013(a)(10)(B), added par. (3).
1987—Subsec. (f)(5)(A).
Pub. L. 100–203 amended subpar. (A) generally, as amended by
Pub. L. 100–647, § 1013(a)(9), restating it without change. See 1988 Amendment note above.
Effective Date of 2005 Amendment
Amendment by
Pub. L. 109–59 applicable to bonds issued after Aug. 10, 2005, see section 11143(d) of
Pub. L. 109–59, set out as a note under section
142 of this title.
Effective Date of 2004 Amendment
Amendment by
Pub. L. 108–357 applicable to bonds issued after Dec. 31, 2004, see section 701(e) of
Pub. L. 108–357, set out as a note under section
142 of this title.
Effective and Termination Dates of 2001 Amendment
Amendment by
Pub. L. 107–16 applicable to bonds issued after Dec. 31, 2001, see section 422(f) of
Pub. L. 107–16, set out as a note under section
142 of this title.
Amendment by
Pub. L. 107–16 inapplicable to taxable, plan, or limitation years beginning after Dec. 31, 2010, and the Internal Revenue Code of 1986 to be applied and administered to such years as if such amendment had never been enacted, see section 901 of
Pub. L. 107–16, set out as a note under section
1 of this title.
Effective Date of 2000 Amendment
Pub. L. 106–554, § 1(a)(7) [title I, § 161(b)], Dec. 21, 2000,
114 Stat. 2763, 2763A–624, provided that: “The amendment made by this section [amending this section] shall apply to calendar years after 2000.”
Effective Date of 1998 Amendment
Pub. L. 105–277, div. J, title II, § 2021(b), Oct. 21, 1998,
112 Stat. 2681–903, provided that: “The amendment made by this section [amending this section] shall apply to calendar years after 1998.”
Effective Date of 1993 Amendment
Section 13121(b) of
Pub. L. 103–66 provided that: “The amendment made by subsection (a) [amending this section] shall apply to bonds issued after December 31, 1993.”
Effective Date of 1992 Amendment
Amendment by
Pub. L. 102–486 applicable to bonds issued after Oct. 24, 1992, see section 1921(c) of
Pub. L. 102–486, set out as a note under section
142 of this title.
Effective Date of 1989 Amendment
Amendment by
Pub. L. 101–239 effective, except as otherwise provided, as if included in the provision of the Technical and Miscellaneous Revenue Act of 1988,
Pub. L. 100–647, to which such amendment relates, see section 7817 of
Pub. L. 101–239, set out as a note under section
1 of this title.
Effective Date of 1988 Amendment
Amendment by section 1013(a)(9), (10), (28), (40) of
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.
Amendment by section 6180(b)(3) of
Pub. L. 100–647 applicable to bonds issued after Nov. 10, 1988, see section 6180(c) of
Pub. L. 100–647, set out as a note under section
142 of this title.
Effective Date of 1987 Amendment
Amendment by
Pub. L. 100–203 applicable, with certain exceptions, to bonds issued after Oct. 13, 1987 (other than bonds issued to refund bonds issued on or before such date), see section 10631(c) of
Pub. L. 100–203, set out as a note under section
141 of this title.