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Public Law 110-343 () is a US
Act of Congress An act of Congress is a statute enacted by the United States Congress. Acts may apply only to individual entities (called Public and private bills, private laws), or to the general public (Public and private bills, public laws). For a Bill (law) ...
signed into law by
U.S. President The president of the United States (POTUS) is the head of state and head of government of the United States. The president directs the Federal government of the United States#Executive branch, executive branch of the Federal government of t ...
George W. Bush George Walker Bush (born July 6, 1946) is an American politician and businessman who was the 43rd president of the United States from 2001 to 2009. A member of the Bush family and the Republican Party (United States), Republican Party, he i ...
, which was designed to mitigate the
2008 financial crisis The 2008 financial crisis, also known as the global financial crisis (GFC), was a major worldwide financial crisis centered in the United States. The causes of the 2008 crisis included excessive speculation on housing values by both homeowners ...
by giving relief to so-called "Troubled Assets."division B), ''Tax Extenders and Alternative Minimum Tax Relief Act of 2008'' ( division C), which also included the ''Paul Wellstone and Pete Domenici Mental Health Parity and Addiction Equity Act of 2008'', and the ''Heartland Disaster Tax Relief Act of 2008''.


Legislative history

The first version of the Emergency Economic Stabilization Act of 2008 (structured as an amendment to ) was rejected by the House of Representatives on September 29, $700 billion (~$ in ). After its defeat, Senate leaders decided to amend an existing bill from the House in order to circumvent the revenue origination clause of U.S. Constitution, and chose H.R. 1424 as the vehicle for the legislation. H.R. 1424 was sponsored by United States House Representative Patrick J. Kennedy. On September 30, 2008, Senate Majority Leader
Harry Reid Harry Mason Reid Jr. (; December 2, 1939 – December 28, 2021) was an American lawyer and politician who served as a United States Senate, United States senator from Nevada from 1987 to 2017. He led the Senate Democratic Caucus from 2005 to 2 ...
and Minority Leader
Mitch McConnell Addison Mitchell McConnell III (; born February 20, 1942) is an American politician and attorney serving as the senior United States senator from Kentucky, a seat he has held since 1985. McConnell is in his seventh Senate term and is the long ...
announced the proposed draft had been formalized for the amendment that would transform H.R. 1424 into the Senate version of the Emergency Economic Stabilization Act of 2008. On October 1, 2008, the amendment to H.R. 1424 was approved by a vote of 74 to 25, and the entire amended bill was passed by 74 to 25, (with one not voting, the cancer-stricken Senator Ted Kennedy). The bill was returned to the House for consideration. United States Senate. 110th Congress (2nd Session
Roll call vote #213
On October 3, 2008, the bill as passed by the Senate was accepted by a vote of 263 to 171 in the House. Every member of the House voted, though the House had a vacant seat of the recently deceased Stephanie Tubbs Jones of Ohio. President
George W. Bush George Walker Bush (born July 6, 1946) is an American politician and businessman who was the 43rd president of the United States from 2001 to 2009. A member of the Bush family and the Republican Party (United States), Republican Party, he i ...
signed the bill into law a few hours later. United States House of Representatives. 110th Congress (2nd Session)
Vote Number 681
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Divisions


''Emergency Economic Stabilization Act of 2008''

The first title of the act included The ''Emergency Economic Stabilization Act of 2008'' which created the Troubled Asset Relief Program in an effort to bail out firms holding mortgage-backed securities and to restore liquidity to the credit markets.


''Energy Improvement and Extension Act of 2008''

The ''Energy Improvement and Extension Act of 2008'' create a new tax credit for qualified plug-in hybrid electric vehicles "purchased between January 1, 2009, and December 31, 2014." This credit was phased out once 250,000 vehicles were sold. The credit is a base $2,500 plus $417 for each kWh of battery pack capacity in excess of 4 kWh to a maximum of $15,000 for any vehicle with a
gross vehicle weight rating Vehicle weight is a measurement of wheeled motor vehicles; either an actual measured weight of the vehicle under defined conditions or a gross weight rating for its weight carrying capacity. Curb or kerb weight Curb weight (American English) or k ...
of more than and up to $7,500 for 12 kWh or more in passenger cars (vehicles up to ). The act also "extended production tax credits (PTC) and investment tax credits (ITC) for various renewable energy sources, which were due to expire at the end of 2008." Included extensions were "energy efficiency tax deductions for commercial buildings through 2013" as well as adding a $300 tax credit for the installation of "energy-efficient biomass fuel stoves" in homes during 2009. Also included in the act was $800 million in funding for Qualified Energy Conservation Bonds, which were to be issued by state and local governments. Ultimately, the
Tax Cuts and Jobs Act of 2017 The Act to provide for reconciliation pursuant to titles II and V of the concurrent resolution on the budget for fiscal year 2018, , is a congressional revenue act of the United States originally introduced in Congress as the Tax Cuts and Jobs ...
would repeal the tax credit bonds effective January 1, 2018. Other existing tax credits for
renewable energy Renewable energy (also called green energy) is energy made from renewable resource, renewable natural resources that are replenished on a human lifetime, human timescale. The most widely used renewable energy types are solar energy, wind pow ...
initiatives, including
cellulosic ethanol Cellulosic ethanol is ethanol (ethyl alcohol) produced from cellulose (the stringy fiber of a plant) rather than from the plant's seeds or fruit. It can be produced from grasses, wood, algae, or other plants. It is generally discussed for use as a ...
and
biodiesel Biodiesel is a renewable biofuel, a form of diesel fuel, derived from biological sources like vegetable oils, animal fats, or recycled greases, and consisting of long-chain fatty acid esters. It is typically made from fats. The roots of bi ...
development, and
wind Wind is the natural movement of atmosphere of Earth, air or other gases relative to a planetary surface, planet's surface. Winds occur on a range of scales, from thunderstorm flows lasting tens of minutes, to local breezes generated by heatin ...
, solar, geothermal and hydro-electric power were initiated. Electricity had its definition changed to be qualified as an alternative fuel. Separately, this section also requires the reporting of
cost basis Basis (or cost basis), as used in United States tax law, is the original cost of property, adjusted for factors such as depreciation. When a property is sold, the taxpayer pays/(saves) taxes on a capital gain/(loss) that equals the amount realiz ...
by brokers to the IRS for certain securities acquired after 2011 – see covered security.


''Tax Extenders and Alternative Minimum Tax Relief Act of 2008''

The ''Tax Extenders and Alternative Minimum Tax Relief Act'' includes $100 billion in tax breaks for businesses and the
middle class The middle class refers to a class of people in the middle of a social hierarchy, often defined by occupation, income, education, or social status. The term has historically been associated with modernity, capitalism and political debate. C ...
, plus a provision to raise the cap on federal deposit insurance from $100,000 to $250,000. The Act keeps the alternative minimum tax from hitting 20 million middle-income Americans. It provides $8 billion in tax relief for those hit by natural disasters in the Midwest,
Texas Texas ( , ; or ) is the most populous U.S. state, state in the South Central United States, South Central region of the United States. It borders Louisiana to the east, Arkansas to the northeast, Oklahoma to the north, New Mexico to the we ...
and
Louisiana Louisiana ( ; ; ) is a state in the Deep South and South Central regions of the United States. It borders Texas to the west, Arkansas to the north, and Mississippi to the east. Of the 50 U.S. states, it ranks 31st in area and 25 ...
. As a whole, the Senate tax package would cost $150.5 billion over 10 years. Roughly $43.5 billion would be offset by several revenue-raising provisions.
Hedge fund A hedge fund is a Pooling (resource management), pooled investment fund that holds Market liquidity, liquid assets and that makes use of complex trader (finance), trading and risk management techniques to aim to improve investment performance and ...
managers would be forbidden from using offshore corporations to defer paying taxes. The bill freezes a
tax deduction A tax deduction or benefit is an amount deducted from taxable income, usually based on expenses such as those incurred to produce additional income. Tax deductions are a form of tax incentives, along with exemptions and tax credits. The diff ...
that
oil and gas companies The petroleum industry, also known as the oil industry, includes the global processes of exploration, extraction, refining, transportation (often by oil tankers and pipelines), and marketing of petroleum products. The largest volume products ...
get for certain domestic production activities. The deduction, now 6 percent, is scheduled to rise to 9 percent in 2010. The provisions of the tax bill included: *A temporary increase in
Federal Deposit Insurance Corporation The Federal Deposit Insurance Corporation (FDIC) is a State-owned enterprises of the United States, United States government corporation supplying deposit insurance to depositors in American commercial banks and savings banks. The FDIC was cr ...
deposit insurance Deposit insurance, deposit protection or deposit guarantee is a measure implemented in many countries to protect bank depositors, in full or in part, from losses caused by a bank's inability to pay its debts when due. Deposit insurance or deposit ...
limit from $100,000 to $250,000 until December 2009 *Tax breaks for businesses *
Tax credit A tax credit is a tax incentive which allows certain taxpayers to subtract the amount of the credit they have accrued from the total they owe the state. It may also be a credit granted in recognition of taxes already paid or a form of state "dis ...
s for the use of
alternative energy Renewable energy (also called green energy) is energy made from renewable resource, renewable natural resources that are replenished on a human lifetime, human timescale. The most widely used renewable energy types are solar energy, wind pow ...
and plug-in hybrids *Tax credits for
research and development Research and development (R&D or R+D), known in some countries as OKB, experiment and design, is the set of innovative activities undertaken by corporations or governments in developing new services or products. R&D constitutes the first stage ...
*Expansion of the child tax credit *Protection from the Alternative Minimum Tax *Tax reductions for victims of severe weather (e.g. tornadoes, floods, hurricanes) *Extension of
unemployment insurance Unemployment, according to the OECD (Organisation for Economic Co-operation and Development), is the proportion of people above a specified age (usually 15) not being in paid employment or self-employment but currently available for work du ...
*A USD $1,000 tax credit for low income homeowners *Tax breaks and credit extensions for the following: **"Certain wooden arrows designed for use by children" (Sec 503) **
Wool Wool is the textile fiber obtained from sheep and other mammals, especially goats, rabbits, and camelids. The term may also refer to inorganic materials, such as mineral wool and glass wool, that have some properties similar to animal w ...
research (Sec. 325) **
Film A film, also known as a movie or motion picture, is a work of visual art that simulates experiences and otherwise communicates ideas, stories, perceptions, emotions, or atmosphere through the use of moving images that are generally, sinc ...
and television productions (Sec. 502) ** Litigants in the 1989 Exxon-Valdez oil spill (Sec. 504) ** Virgin Island and Puerto Rican
rum Rum is a liquor made by fermenting and then distilling sugarcane molasses or sugarcane juice. The distillate, a clear liquid, is often aged in barrels of oak. Rum originated in the Caribbean in the 17th century, but today it is produced i ...
(Section 308) **
American Samoa American Samoa is an Territories of the United States, unincorporated and unorganized territory of the United States located in the Polynesia region of the Pacific Ocean, South Pacific Ocean. Centered on , it is southeast of the island count ...
(Sec. 309) **Mine rescue teams (Sec. 310) **Mine safety equipment (Sec. 311) **Domestic production activities in Puerto Rico (Sec. 312) **Indian tribes (Sec. 314, 315) **Railroads (Sec. 316) **Auto racing tracks (317) **
District of Columbia Washington, D.C., formally the District of Columbia and commonly known as Washington or D.C., is the capital city and Federal district of the United States, federal district of the United States. The city is on the Potomac River, across from ...
(Sec. 322)


''Paul Wellstone and Pete Domenici Mental Health Parity and Addiction Equity Act of 2008''

The ''Paul Wellstone and Pete Domenici Mental Health Parity and Addiction Equity Act of 2008'' (a part of Division C) mandates that if U.S.
health insurance Health insurance or medical insurance (also known as medical aid in South Africa) is a type of insurance that covers the whole or a part of the risk of a person incurring medical expenses. As with other types of insurance, risk is shared among ma ...
companies provide coverage for mental health and substance abuse, the coverage must be equal for conditions such as
psychological disorder A mental disorder, also referred to as a mental illness, a mental health condition, or a psychiatric disability, is a behavioral or mental pattern that causes significant distress or impairment of personal functioning. A mental disorder is ...
s,
alcoholism Alcoholism is the continued drinking of alcohol despite it causing problems. Some definitions require evidence of dependence and withdrawal. Problematic use of alcohol has been mentioned in the earliest historical records. The World He ...
, and
drug addiction Addiction is a neuropsychological disorder characterized by a persistent and intense urge to use a drug or engage in a behavior that produces natural reward, despite substantial harm and other negative consequences. Repetitive drug use can ...
. This act continues and expands upon the previous Mental Health Parity Act of 1996. It states that financial requirements such as deductibles and copayments and lifetime or dollar limits to mental health benefits and substance abuse disorder benefits should be no more restrictive than those on medical and surgical benefits. MHPAEA applies to employer-sponsored health insurance plans with more than 50 employees, though parity is also extended to small group and individual plans under the
Affordable Care Act The Affordable Care Act (ACA), formally known as the Patient Protection and Affordable Care Act (PPACA) and informally as Obamacare, is a landmark U.S. federal statute enacted by the 111th United States Congress and signed into law by Presid ...
.


Secure Rural Schools and Community Self-Determination Act of 2000

The ''Secure Rural Schools and Community Self-Determination Act of 2000'' (a part of Division C) provided $1.645 billion (~$ in ) in funding over a four-year period for re-authorization of the aforementioned act. Original funding for the "authorization for the program expired in 2006" followed by Congress providing one year extensions in the intervening periods. The funding was distributed to states "to improve cooperative relationships among—the people that use and care for Federal land".


Cost

The Act increased the statutory limit on the public debt by US$700 billion to US$11.3 trillion. However, the legislation is designed to have a net zero long-term cost, and includes language that mandates the President and Congress to develop a plan to recoup any money that is not recouped within 5 years. (Access to legislative history of H.R. 1424)


Reception

Supporters of the bill believed that it was necessary in "preventing the collapse of the financial system and a deep recession". Critics asserted that the bill "unfairly benefited investors" while also failing to provide an adequate response to the economic crisis of the time. Journalists commented that portions of the bill contained earmarks and
pork barrel ''Pork barrel'', or simply ''pork'', is a metaphor for allocating government spending to localized projects in the representative's district or for securing direct expenditures primarily serving the sole interests of the representative. The u ...
spending.


References


External links


Emergency Economic Stabilization Act of 2008
as amended
PDFdetails
in the GPObr>Statute Compilations collection

Public Law 110-343
as enacted
details
in the US Statutes at Large * on Congress.gov * on Congress.gov
House roll call vote
{{US_tax_acts United States federal financial legislation United States federal taxation legislation United States federal health legislation Acts of the 110th United States Congress Troubled Asset Relief Program Renewable energy law October 2008 in the United States