Page:United States Statutes at Large Volume 114 Part 5.djvu/653

 PUBLIC LAW 106-554—APPENDIX G 114 STAT. 2763A-613 the eligible basis of the qualified low-income housing project of which it is a part. For purposes of the preceding sentence, all community service facilities which are part of the same qualified low-income housing project shall be treated as one facility. "(iii) COMMUNITY SERVICE FACILITY.— For purposes of this subparagraph, the term 'community service facility' means any facility designed to serve primarily individuals whose income is 60 percent or less of area median income (within the meaning of subsection (g)(1)(B)).". (b) CERTAIN NATIVE AMERICAN HOUSING ASSISTANCE DIS- REGARDED IN DETERMINING WHETHER BUILDING IS FEDERALLY SUB- SIDIZED FOR PURPOSES OF THE LOW-INCOME HOUSING CREDIT.— Subparagraph (E) of section 42(i)(2) (relating to determination of whether building is federally subsidized) is amended— (1) in clause (i), by inserting "or the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4101 et seq.) (as in effect on October 1, 1997)" after "this subparagraph)"; and (2) in the subparagraph heading, by inserting "OR NATIVE AMERICAN HOUSING ASSISTANCE" after "HOME ASSISTANCE". SEC. 135. OTHER MODIFICATIONS. (a) ALLOCATION OF CREDIT LIMIT TO CERTAIN BUILDINGS.— (1) The first sentence of section 42(h)(l)(E)(ii) is amended by striking "(as of the first place it appears and inserting "(as of the later of the date which is 6 months after the date that the allocation was made or". (2) The last sentence of section 42(h)(3)(C) is amended by striking "project which" and inserting "project which fails to meet the 10 percent test under paragraph (l)(E)(ii) on a date after the close of the calendar year in which the allocation was made or which". (b) DETERMINATION OF WHETHER BUILDINGS ARE LOCATED IN HIGH COST AREAS. — The first sentence of section 42(d)(5)(C)(ii)(I) is amended— (1) by inserting "either" before "in which 50 percent"; and (2) by inserting before the period "or which has a poverty rate of at least 25 percent". SEC. 136. CARRYFORWARD RULES. (a) IN GENERAL. —Clause (ii) of section 42(h)(3)(D) (relating to unused housing credit carryovers allocated among certain States) is amended by striking "the excess" and all that follows and inserting "the excess (if any) of— "(I) the unused State housing credit ceiling for the year preceding such year, over "(II) the aggregate housing credit dollar amount allocated for such year.". (b) CONFORMING AMENDMENT.—The second sentence of section 42(h)(3)(C) (relating to State housing credit ceiling) is amended by striking "clauses (i) and (iii)" and inserting "clauses (i) through (iv)". SEC. 137. EFFECTIVE DATE. Except as otherwise provided in this subtitle, the amendments made by this subtitle shall apply to—

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