HR2440-119

1. Short title This Act may be cited as the School Infrastructure Finance and Innovation Act or the SIFIA Act.

2. SIFIA bonds Part IV of subchapter A of chapter 1 is amended by adding at the end the following new subpart: If a taxpayer holds a SIFIA 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. The amount of the credit determined under this subsection with respect to any credit allowance date for a SIFIA bond is 25 percent of the annual credit determined for such bond. For purposes of this subsection, the term annual credit means an amount equal to the product of— the applicable credit rate, multiplied by the face amount of the bond. For purposes of paragraph (2), the term applicable credit rate means the rate which the Secretary estimates will permit the issuance of each such bond with a specified maturity or redemption date without discount and without interest cost to the issuer. The applicable credit rate with respect to any such 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. The credit allowed under subsection (a) for any taxable year shall not exceed the excess of— the sum of the regular tax liability (as defined in section 26(b)) plus the tax imposed by section 55, over the sum of the credits allowable under this part (other than subpart C and this subpart). 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). For purposes of this section, the term credit allowance date means, with respect to a bond during the taxable year, any of the following dates: March 15. June 15. September 15. December 15. For purposes of this section, the term SIFIA bond means any bond issued as part of an issue if— 100 percent of the available project proceeds of such issue are to be used for the design, construction, expansion, renovation, furnishing, or equipping of qualified school facilities (as defined in paragraph (7)(A) of this subsection) pursuant to an agreement under which a private, for-profit entity agrees with a State or local educational agency— to construct, expand, or renovate one or more buildings constituting the qualified school facilities (together with any related design, furnishing, and equipping of such buildings), to operate the facilities at least until the date the facilities are first placed in service and operating substantially at their design level, and at or before the end of the agreement, to transfer the facilities to such agency for no additional consideration, all buildings whose construction, expansion, or renovations is included in the qualified school facilities being financed with proceeds of a SIFIA bond are reasonably expected to be net-zero energy buildings, the interest on such bond would (but for this section and section 141) be excludable from gross income under section 103, the issuer designates such bond as a SIFIA bond for purposes of this subsection, the bond is not issued with more than a de minimis amount of premium (determined under rules similar to the rules of section 1273(a)(3)) over the stated principal amount of the bond, the issue of which such bond is a part satisfies the expenditure period requirements of paragraph (2), the private, for-profit entity described in subparagraph (A) meets the allocation requirements of paragraph (5) and the reporting requirements of paragraph (6), and the bond is issued before January 1, 2031. An issue shall be treated as meeting the requirements of this paragraph if, as of the date of issuance, the issuer reasonably expects 100 percent of the available project proceeds to be spent for purposes described in subparagraphs (1)(A) and (1)(B) within the 6-year period beginning on such date of issuance. To the extent that less than 100 percent of the available project proceeds of the issue are expended at the close of the period described in subparagraph (A) with respect to such issue, 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 141. The maximum aggregate face amount of SIFIA bonds issued under this subsection that may be designated under subparagraph (1)(D) is $10,000,000,000. The maximum aggregate face amount of SIFIA bonds issued under this subsection that may be designated under subparagraph (1)(D) in any calendar year is $2,500,000,000. $1,000,000,000 of the overall limitation described in subparagraph (A) shall be set aside for projects located in rural areas. For purposes of this section, the term rural area means any area which is— outside of a metropolitan statistical area (as such area is defined by the Secretary of Commerce) or determined by the Secretary of Agriculture, after consultation with the Secretary of Commerce, to be a rural area. The authority to issue SIFIA bonds within the limitations set forth in paragraph (3) shall be allocated by the Secretary to prospective issuers on a first come-first served basis, under rules to be prescribed by the Secretary, provided that— no school district shall be allocated more than $1,500,000,000 in aggregate face amount of SIFIA bonds under this subsection, no more than $500,000,000 in aggregate face amount of SIFIA bonds shall be allocated under this subsection for the construction, expansion, renovation, furnishing, or equipping of qualified school facilities that are operated by a nonprofit organization under a charter or other agreement between the applicable school district and such nonprofit organization, an issuer applying for an allocation shall certify (based on the certifications of any conduit borrower of bond proceeds where applicable) that it reasonably expects to commence the project to be financed with proceeds of the bonds within 6 months of the issue date of the bonds, and to expend all of the available project proceeds within 6 years of the issue date of the bonds, and in making such allocations, the Secretary shall give preference to the financing of projects for which the private for-profit developer is a preferred concern. A private, for-profit entity meets the requirements of this paragraph if such entity— has experience developing, owning, and operating public schools leased to public school districts that are net-zero buildings, and demonstrates to the Secretary (in such manner as the Secretary may provide) that such entity has experience leasing public school buildings to a local education agency, including at least two projects with respect to which— such entity (or a related person) developed, owned, and was responsible for— maintenance of— the heating, ventilation, and air conditioning system, or the solar photovoltaic system, and the electrical service was in the name of such entity for a minimum of four years. A private entity meets the requirements of this paragraph if such entity, in cooperation with the applicable school district, periodically submits such reports as the Secretary shall prescribe relating to the costs and benefits of the financing, including— tax benefits to the Federal Government and cost savings to the school district, and information related to any improvements in student performance or teacher retention. For purposes of this subsection— The term qualified school facilities means one or more school buildings for a public elementary school or public secondary school or for administrative or support facilities relating to such school facilities, together with related furnishings and equipment. The term school district means a public board of education or other public authority legally constituted within a State for administrative control or direction of public elementary or secondary schools in the State or political subdivision of a State. The term preferred concern means either a small business concern, a minority owned concern, or a woman owned concern. Subject to the provisions of clause (ii), the term small business concern means an entity which, together with any related person, has fewer than 500 employees. For purposes of clause (i), the determination of number of employees shall be made in a manner consistent with— section 3 of the Small Business Act (15 U.S.C. 632), and part 121 of title 13, Code of Federal Regulations. The term minority owned with respect to an entity means an entity not less than 51 percent of which is owned by 1 or more individuals who are citizens of the United States and who are Asian American, Native Hawaiian, Pacific Islander, African American, Hispanic, Puerto Rican, Native American, or Alaska Native. The term woman owned with respect to an entity means an entity not less than 51 percent of which is owned by 1 or more women. The term nonprofit organization means an organization described in section 501(c) and exempt from tax under section 501(a). The term ‘net-zero building’ has the meaning given such term under section 410(20) of the Energy Independence and Security Act of 2007 (42 U.S.C. 17061(20)), applied by substituting school building for commercial building. The term related person has the meaning given such term in section 144(a)(3). For purposes of this title, interest on any SIFIA bond shall be includible in gross income. For purposes of this subtitle, the credit determined under subsection (a) shall be treated as interest which is includible in gross income. In the case of a tax credit bond held by an S corporation or partnership, the allocation of credit allowed by this section to the shareholders of such corporation or partners of such partnership shall be treated as a distribution. 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 paragraph (2) with respect to such credit shall be distributed to such beneficiaries) under procedures prescribed by the Secretary (similar to the procedures prescribed by the Secretary under section 54A(h) (as in effect before its repeal by Public Law 115–97)). Under regulations prescribed by the Secretary (similar to regulations prescribed under section 54A(i) (as in effect before its repeal by Public Law 115–97)— 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. In the case of a separation described in subparagraph (A), 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. For purposes of section 149(b), a SIFIA bond shall not be treated as federally guaranteed by reason of the credit allowed under subsection (g). For purposes of section 148, the yield on a SIFIA bond shall be determined without regard to the credit allowed under subsection (a). An issue shall be treated as meeting the requirements of this section 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). 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 20 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. If the school facilities financed with proceeds of SIFIA bonds are owned by a person otherwise entitled to allowance for depreciation with respect to such facility, that person may make an irrevocable election (binding on any successors in interest) not to claim depreciation with respect to the property financed with proceeds of the SIFIA bonds for so long as the issue of which such bonds are a part is outstanding. Such election shall be deemed to have been made if the person fails to claim depreciation with respect to the property in the first tax return filed by the person in which such depreciation could have been claimed. To the extent the person elects not to claim depreciation under this paragraph, the basis of the financed property shall not be reduced under section 1016 or otherwise for the depreciation that could have been claimed. Section 512(b)(1) of such Code is amended by inserting (other than interest of SIFIA bonds issued under section 54BB) after interest. The table of subparts for part IV of subchapter A of chapter 1 is amended by adding at the end the following: The Secretary shall purchase SIFIA bonds that the issuer is otherwise unable to sell, subject to procedures and credit standards to be established by the Secretary, which standards and procedures shall be similar to those applicable to loans made under lines of credit under section 1503 of the Transportation Infrastructure Finance and Innovation Act of 1998 (23 U.S.C. 184). The amendments made by this section shall apply to obligations issued after December 31, 2025. KSIFIA Bonds Sec. 54BB. SIFIA bonds. 54BB.SIFIA bonds (a)In generalIf a taxpayer holds a SIFIA 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 generalThe amount of the credit determined under this subsection with respect to any credit allowance date for a SIFIA bond is 25 percent of the annual credit determined for such bond. (2)Annual creditFor purposes of this subsection, the term annual credit means an amount equal to the product of— (A)the applicable credit rate, multiplied by (B)the face amount of the bond. (3)Applicable credit rateFor purposes of paragraph (2), the term applicable credit rate means the rate which the Secretary estimates will permit the issuance of each such bond with a specified maturity or redemption date without discount and without interest cost to the issuer. The applicable credit rate with respect to any such 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. (c)Limitation based on amount of tax (1)In generalThe 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 subpart C and this subpart). (2)Carryover of unused creditIf 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)Credit allowance dateFor purposes of this section, the term credit allowance date means, with respect to a bond during the taxable year, any of the following dates: (1)March 15. (2)June 15. (3)September 15. (4)December 15.Such term includes the last day on which the bond is outstanding. (e)SIFIA bonds (1)In generalFor purposes of this section, the term SIFIA bond means any bond issued as part of an issue if— (A)100 percent of the available project proceeds of such issue are to be used for the design, construction, expansion, renovation, furnishing, or equipping of qualified school facilities (as defined in paragraph (7)(A) of this subsection) pursuant to an agreement under which a private, for-profit entity agrees with a State or local educational agency— (i)to construct, expand, or renovate one or more buildings constituting the qualified school facilities (together with any related design, furnishing, and equipping of such buildings), (ii)to operate the facilities at least until the date the facilities are first placed in service and operating substantially at their design level, and (iii)at or before the end of the agreement, to transfer the facilities to such agency for no additional consideration, (B)all buildings whose construction, expansion, or renovations is included in the qualified school facilities being financed with proceeds of a SIFIA bond are reasonably expected to be net-zero energy buildings, (C)the interest on such bond would (but for this section and section 141) be excludable from gross income under section 103, (D)the issuer designates such bond as a SIFIA bond for purposes of this subsection, (E)the bond is not issued with more than a de minimis amount of premium (determined under rules similar to the rules of section 1273(a)(3)) over the stated principal amount of the bond, (F)the issue of which such bond is a part satisfies the expenditure period requirements of paragraph (2), (G)the private, for-profit entity described in subparagraph (A) meets the allocation requirements of paragraph (5) and the reporting requirements of paragraph (6), and (H)the bond is issued before January 1, 2031. (2)6-year expenditure period (A)In generalAn issue shall be treated as meeting the requirements of this paragraph if, as of the date of issuance, the issuer reasonably expects 100 percent of the available project proceeds to be spent for purposes described in subparagraphs (1)(A) and (1)(B) within the 6-year period beginning on such date of issuance. (B)Failure to spend required amount of bond proceeds within 6 yearsTo the extent that less than 100 percent of the available project proceeds of the issue are expended at the close of the period described in subparagraph (A) with respect to such issue, 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 141. (3)Limitation on amount of sifia bonds designated (A)Overall limitationThe maximum aggregate face amount of SIFIA bonds issued under this subsection that may be designated under subparagraph (1)(D) is $10,000,000,000. (B)Annual limitationThe maximum aggregate face amount of SIFIA bonds issued under this subsection that may be designated under subparagraph (1)(D) in any calendar year is $2,500,000,000. (C)Set-aside for rural areas (i)$1,000,000,000 of the overall limitation described in subparagraph (A) shall be set aside for projects located in rural areas. (ii)For purposes of this section, the term rural area means any area which is— (I)outside of a metropolitan statistical area (as such area is defined by the Secretary of Commerce) or (II)determined by the Secretary of Agriculture, after consultation with the Secretary of Commerce, to be a rural area. (4)Allocation of limitationThe authority to issue SIFIA bonds within the limitations set forth in paragraph (3) shall be allocated by the Secretary to prospective issuers on a first come-first served basis, under rules to be prescribed by the Secretary, provided that— (A)no school district shall be allocated more than $1,500,000,000 in aggregate face amount of SIFIA bonds under this subsection, (B)no more than $500,000,000 in aggregate face amount of SIFIA bonds shall be allocated under this subsection for the construction, expansion, renovation, furnishing, or equipping of qualified school facilities that are operated by a nonprofit organization under a charter or other agreement between the applicable school district and such nonprofit organization, (C)an issuer applying for an allocation shall certify (based on the certifications of any conduit borrower of bond proceeds where applicable) that it reasonably expects to commence the project to be financed with proceeds of the bonds within 6 months of the issue date of the bonds, and to expend all of the available project proceeds within 6 years of the issue date of the bonds, and (D)in making such allocations, the Secretary shall give preference to the financing of projects for which the private for-profit developer is a preferred concern. (5)Requirements relating to private, for-profit entitiesA private, for-profit entity meets the requirements of this paragraph if such entity— (A)has experience developing, owning, and operating public schools leased to public school districts that are net-zero buildings, and (B)demonstrates to the Secretary (in such manner as the Secretary may provide) that such entity has experience leasing public school buildings to a local education agency, including at least two projects with respect to which— (i)such entity (or a related person) developed, owned, and was responsible for— (I)maintenance of— (aa)the heating, ventilation, and air conditioning system, or (bb)the solar photovoltaic system, and (ii)the electrical service was in the name of such entity for a minimum of four years. (6)Reporting requirementsA private entity meets the requirements of this paragraph if such entity, in cooperation with the applicable school district, periodically submits such reports as the Secretary shall prescribe relating to the costs and benefits of the financing, including— (A)tax benefits to the Federal Government and cost savings to the school district, and (B)information related to any improvements in student performance or teacher retention. (7)DefinitionsFor purposes of this subsection— (A)Qualified school facilitiesThe term qualified school facilities means one or more school buildings for a public elementary school or public secondary school or for administrative or support facilities relating to such school facilities, together with related furnishings and equipment. (B)School districtThe term school district means a public board of education or other public authority legally constituted within a State for administrative control or direction of public elementary or secondary schools in the State or political subdivision of a State. (C)Preferred concernThe term preferred concern means either a small business concern, a minority owned concern, or a woman owned concern. (D)Small business concern (i)In generalSubject to the provisions of clause (ii), the term small business concern means an entity which, together with any related person, has fewer than 500 employees. (ii)Small business size standardsFor purposes of clause (i), the determination of number of employees shall be made in a manner consistent with— (I)section 3 of the Small Business Act (15 U.S.C. 632), and (II)part 121 of title 13, Code of Federal Regulations. (E)Minority ownedThe term minority owned with respect to an entity means an entity not less than 51 percent of which is owned by 1 or more individuals who are citizens of the United States and who are Asian American, Native Hawaiian, Pacific Islander, African American, Hispanic, Puerto Rican, Native American, or Alaska Native. (F)Woman ownedThe term woman owned with respect to an entity means an entity not less than 51 percent of which is owned by 1 or more women. (G)Nonprofit organizationThe term nonprofit organization means an organization described in section 501(c) and exempt from tax under section 501(a). (H)Net-zero energy buildingThe term ‘net-zero building’ has the meaning given such term under section 410(20) of the Energy Independence and Security Act of 2007 (42 U.S.C. 17061(20)), applied by substituting school building for commercial building. (I)Related personThe term related person has the meaning given such term in section 144(a)(3). (f)Other applicable rules (1)Interest includible in gross incomeFor purposes of this title, interest on any SIFIA bond shall be includible in gross income. (2)Credit treated as interestFor purposes of this subtitle, the credit determined under subsection (a) shall be treated as interest which is includible in gross income. (3)S corporations and partnershipsIn the case of a tax credit bond held by an S corporation or partnership, the allocation of credit allowed by this section to the shareholders of such corporation or partners of such partnership shall be treated as a distribution. (4)Bonds held by real estate investment trustsIf 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 paragraph (2) with respect to such credit shall be distributed to such beneficiaries) under procedures prescribed by the Secretary (similar to the procedures prescribed by the Secretary under section 54A(h) (as in effect before its repeal by Public Law 115–97)). (5)Credits may be strippedUnder regulations prescribed by the Secretary (similar to regulations prescribed under section 54A(i) (as in effect before its repeal by Public Law 115–97)— (A)In generalThere 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. (B)Certain rules to applyIn the case of a separation described in subparagraph (A), 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. (6)Not treated as federally guaranteedFor purposes of section 149(b), a SIFIA bond shall not be treated as federally guaranteed by reason of the credit allowed under subsection (g). (7)Yield determinationFor purposes of section 148, the yield on a SIFIA bond shall be determined without regard to the credit allowed under subsection (a). (8)Maturity limitation (A)In generalAn issue shall be treated as meeting the requirements of this section 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 termDuring 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 20 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. (9)DepreciationIf the school facilities financed with proceeds of SIFIA bonds are owned by a person otherwise entitled to allowance for depreciation with respect to such facility, that person may make an irrevocable election (binding on any successors in interest) not to claim depreciation with respect to the property financed with proceeds of the SIFIA bonds for so long as the issue of which such bonds are a part is outstanding. Such election shall be deemed to have been made if the person fails to claim depreciation with respect to the property in the first tax return filed by the person in which such depreciation could have been claimed. To the extent the person elects not to claim depreciation under this paragraph, the basis of the financed property shall not be reduced under section 1016 or otherwise for the depreciation that could have been claimed.. Subpart K—SIFIA Bonds.