117 HR 7902 IH: Freight Rail Assistance and Investment to Launch Coronavirus-Era Activity and Recovery Act of 2022
U.S. House of Representatives
2022-05-27
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I
117th CONGRESS
2d Session
H. R. 7902
IN THE HOUSE OF REPRESENTATIVES
May 27, 2022
Mr. Schneider (for himself, Mr. LaHood, Mr. Bacon, Mr. Bishop of Georgia, Mr. Blumenauer, Ms. Bonamici, Mr. Bost, Mr. Crawford, Mr. Rodney Davis of Illinois, Mr. Michael F. Doyle of Pennsylvania, Mr. Gohmert, Mr. Tony Gonzales of Texas, Ms. Granger, Ms. Herrera Beutler, Mr. Hudson, Mr. Huffman, Mr. Kildee, Mr. McCaul, Mr. McKinley, Mr. Meijer, Mr. Nehls, Mr. Panetta, Mr. Payne, Mr. Rogers of Alabama, Ms. Sánchez, Ms. Sewell, Mrs. Walorski, Mr. Weber of Texas, and Mr. Williams of Texas) introduced the following bill; which was referred to the Committee on Ways and Means
A BILL
To amend the Internal Revenue Code of 1986 to provide a tax credit to encourage the replacement or modernization of inefficient, outdated freight railcars, and for other purposes.
1.

Short title
This Act may be cited as the “Freight Rail Assistance and Investment to Launch Coronavirus-Era Activity and Recovery Act of 2022” or the “Freight RAILCAR Act of 2022”.
2.

Freight railcar modernization credit
(a)

In general
Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section:
“45U.

Freight railcar modernization credit
(a)

In general
For purposes of section 38, the freight railcar modernization credit determined under this section for the taxable year is an amount equal to 10 percent of the taxpayer’s freight railcar fleet modernization expenses.
(b)

Limitation
No more than 2,000 qualified freight railcars per taxpayer may be taken into account for purposes of determining the credit under subsection (a) with respect to a taxable year.
(c)

Definitions
For purposes of this section—
(1)

Freight railcar fleet modernization expenses
The term “freight railcar fleet modernization expenses” means the sum of the qualifying railcar replacement and modernization amount.
(2)

Qualifying railcar replacement and modernization amount
The term “qualifying railcar replacement and modernization amount” means—
(A)
the basis of any qualified newly built replacement railcar placed in service by the taxpayer during the taxable year, plus
(B)
the qualified railcar modernization expenditures of the taxpayer for the taxable year.
(3)

Qualified newly built replacement railcar
The term “qualified newly built replacement railcar” means a qualified freight railcar which—
(A)
is built after the date of the enactment of this section,
(B)
is ordered or originally placed in service before January 1, 2024, and
(C)
replaces two freight railcars owned by the taxpayer that—
(i)
were in service within the 48 months preceding the beginning of the taxable year, and
(ii)
which were both scrapped and permanently removed from the AAR Umler System master file during such taxable year.
(4)

Qualified freight railcar
(A)

In general
The term “qualified freight railcar” means a freight railcar that—
(i)
is either acquired or modernized by the taxpayer after the date of the enactment of this section,
(ii)
meets the significant improvement requirements for capacity, fuel efficiency, or performance of subparagraph (B),
(iii)
was built in a qualified facility, and
(iv)
with respect to which no credit under this section was previously claimed by any taxpayer.
(B)

Significant improvement
For purposes of this paragraph, an improvement in capacity or fuel efficiency and performance with respect to a modernized freight railcar is a significant improvement if—
(i)
such capacity or fuel efficiency, as the case may be, is increased by at least 8 percent, or
(ii)
in the case of performance, the qualified freight railcar meets the requirements of the Association of American Railroads Standard S–286 or is modernized to meet the design standards set forth in final rule HM–251 of the Pipeline and Hazardous Materials Safety Administration (as amended by HM–251C).
(C)

Modernized
The term “modernized” means modified, retrofitted, converted or rebuilt for the purpose of meeting the significant improvement criteria of subparagraph (B).
(5)

Qualified railcar modernization expenditure
The term “qualified railcar modernization expenditure” means any amount paid or incurred—
(A)
in connection with the modernization of a freight railcar resulting in such railcar being designated a qualified freight railcar, and
(B)
which is properly chargeable to a capital account with respect to such freight railcar.
(6)

Qualified facility
The term “qualified facility” means a facility that is not owned or leased by an entity that would be ineligible for an award of a contract or subcontract under 49 U.S.C. 5323(u).
(d)

Special rules
(1)

Denial of double benefit
No credit shall be allowed under subsection (a) for any expense for which a deduction or credit is allowed under any other provision of this chapter.
(2)

Basis adjustment
For purposes of this subtitle, if a credit is allowed under subsection (a) with respect to any qualified freight railcar, the basis of such railcar shall be reduced by the amount of the credit so allowed.
(3)

Sale-leaseback
For purposes of subsection (a), if any qualified freight railcar is—
(A)
originally placed in service by a person after the date of the enactment of this section, and
(B)
sold and leased back by such person within 3 months after such railcar is originally placed in service (or, in the case of more than one railcar subject to the same lease, within 3 months after the date the final railcar is placed in service, so long as the period between the time the first railcar is placed in service and the time the last railcar is placed in service does not exceed 24 months), such railcar shall be treated as originally placed in service not earlier than the date on which such railcar is used under the leaseback referred to in this paragraph.
(4)

Syndication
For purposes of subsection (a), if—
(A)
any qualified freight railcar is originally placed in service after the date of enactment of this section by the lessor of such railcar,
(B)
such railcar is sold by such lessor or any subsequent purchaser within 3 months after the date such railcar was originally placed in service (or, in the case of more than one railcar subject to the same lease, within 3 months after the date the final railcar is placed in service and the time the last railcar is placed in service does not exceed 12 months), and
(C)
the user of such railcar after the last sale during such 3-month period remains the same as when such railcar was originally placed in service, such railcars shall be treated as originally placed in service not earlier than the date of such last sale.
(5)

Entities owned or controlled by state-owned enterprises ineligible
No credit under subsection (a) shall be allowed to any taxpayer that would be ineligible for an award of a contract or subcontract under 49 U.S.C. 5323(u).
(e)

Termination
This section shall not apply to any qualifying railcar replacement and modernization amount after December 31, 2024.”.
(b)

Credit allowed as business credit
Section 38(b) of the Internal Revenue Code of 1986 (relating to current year business credit) is amended by striking “plus” at the end of paragraph (32), by striking the period at the end of paragraph (33) and inserting “, plus” and by inserting at the end thereof the following new paragraph:
“(34)
the freight railcar modernization credit determined under section 45U.”.
(c)

Coordination with section 55
Section 38(c)(4)(B) of the Internal Revenue Code of 1986 is amended by redesignating clauses (x), (xi), and (xii) as clauses (xi), (xii), and (xiii) respectively, and by inserting after clause (ix) the following new clause:
“(x)
the freight railcar modernization credit determined under section 45U,”.
(d)

Clerical amendment
The table of sections for subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to section 45T the following new item:
“Sec. 45U. Freight railcar modernization credit.”.
(e)

Effective date
The amendments made by this section shall apply to property placed in service, and amounts paid or incurred, after December 31, 2021.
3.

Report on the freight railcar modernization credit
(a)

In general
Not later than 3 years after the date of the enactment of this Act, the Secretary of the Treasury (or the Secretary’s delegate), shall submit to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate a report on activity with respect to the qualified freight railcar credit under section 45U of the Internal Revenue Code of 1986.
(b)

Report contents
The report submitted under subsection (a) shall contain information with respect to the following:
(1)
The number of times the credit was claimed.
(2)
The number of railcars scrapped as a result of the credit.
(3)
The number of new railcars entered into contract as a result of the credit.
(4)
The number of new railcars built as a result of the credit.