102 STAT. 3756
PUBLIC LAW 100-647—NOV. 10, 1988
extent the debtor is insolvent (as defined in section 108(d)(3))." 26 USC 56 note. (b) EFFECTIVE DATE.—The amendment made by subsection (a) shall apply to taxable years b ^ i n n i n g after December 31, 1986. SEC. 6304. NONCONVENTIONAL FUELS CREDIT. (a) IN GENERAL.—Section 53(d)(l)(B) of the 1986 Code (relating to credit not allowed for exclusion preferences) is amended by adding at the end thereof the following new clause: "(iii) SPECIAL RULE.—The adjusted net minimum tax for the taxable year shall be increased by the amount of the credit not allowed under section 29 (relating to credit for producing fuel from a nonconventional source) solely by reason of the application of section 29(b)(5)(B)." 26 USC 53 note. (b) EFFECTIVE DATE.—The amendment made by this section shall take effect as if included in the amendments made by section 701 of the Tax Reform Act of 1986. 26 USC 3121 SEC. 6305. TREATMENT OF CERTAIN FAMILY SERVICES PROVIDERS. State and local (*) I ^ GENERAL.—^A State may treat a person who renders dependgovernments. ent care or similar services as other than an employee employment tax purposes for the applicable period if all of the following conditions are satisfied with respect to such person for such applicable period: (i) The person does not provide any dependent care or similar services in any facihty owned or operat€xi by the State. (ii) The person is compensated by the State for such services, directly or indirectly, out of funds provided pursuant to chapter 7 of title 42 of the United States Code, or the provisions and amendments made by the Family Security Act of 1988. (iii) The State does not treat the person, with respect to the provision of dependent care or similar services, as an employee for employment tax purposes. (iv) The State files all Federal income tax returns (including information returns) required to be filed with respect to such person on a basis consistent with the State's treatment of such person as other than an employee b ^ i n n i n g on the date of the enactment of this section. (v) No more than ten percent of the State's employees are provided with insurance under title II of the Social Security Act pursuant to voluntary agreements with the Secretary of Health and Human Services under section 218 of such title. (b) STATE.—For purposes of this section, the term "State" shall mean the government of the United States, District of Columbia, any State or political subdivision thereof, and any agency or instrumentality of any of the forgoing. (c) EMPLOYMENT TAX.—For purposes of this section, the term "employment tax" means any tax imposed by subtitle C of the Internal Revenue Code of 1986. (d) APPLICABLE PERIOD.—For purposes of this section, the term "applicable period" means the period b ^ i n n i n g on January 1, 1984 and ending on December 31, 1990. (e) REPORT.—The Secretary of the Treasury shall report to the Senate Committee on Finance and the House Committee on Ways and Means on the text status of day care providers compenstated
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