120 STAT. 2956
26 USC 263.
PUBLIC LAW 109–432—DEC. 20, 2006
equipment property for use in any underground mine located in the United States— ‘‘(1) the original use of which commences with the taxpayer, and ‘‘(2) which is placed in service by the taxpayer after the date of the enactment of this section. ‘‘(d) ADVANCED MINE SAFETY EQUIPMENT PROPERTY.—For purposes of this section, the term ‘advanced mine safety equipment property’ means any of the following: ‘‘(1) Emergency communication technology or device which is used to allow a miner to maintain constant communication with an individual who is not in the mine. ‘‘(2) Electronic identification and location device which allows an individual who is not in the mine to track at all times the movements and location of miners working in or at the mine. ‘‘(3) Emergency oxygen-generating, self-rescue device which provides oxygen for at least 90 minutes. ‘‘(4) Pre-positioned supplies of oxygen which (in combination with self-rescue devices) can be used to provide each miner on a shift, in the event of an accident or other event which traps the miner in the mine or otherwise necessitates the use of such a self-rescue device, the ability to survive for at least 48 hours. ‘‘(5) Comprehensive atmospheric monitoring system which monitors the levels of carbon monoxide, methane, and oxygen that are present in all areas of the mine and which can detect smoke in the case of a fire in a mine. ‘‘(e) COORDINATION WITH SECTION 179.—No expenditures shall be taken into account under subsection (a) with respect to the portion of the cost of any property specified in an election under section 179. ‘‘(f) REPORTING.—No deduction shall be allowed under subsection (a) to any taxpayer for any taxable year unless such taxpayer files with the Secretary a report containing such information with respect to the operation of the mines of the taxpayer as the Secretary shall require. ‘‘(g) TERMINATION.—This section shall not apply to property placed in service after December 31, 2008.’’. (b) CONFORMING AMENDMENTS.— (1) Section 263(a)(1) is amended by striking ‘‘or’’ at the end of subparagraph (J), by striking the period at the end of subparagraph (K) and inserting ‘‘, or’’, and by inserting after subparagraph (K) the following new subparagraph: ‘‘(L) expenditures for which a deduction is allowed under section 179E.’’. (2) Section 312(k)(3)(B) is amended by striking ‘‘or 179D’’ each place it appears in the heading and text thereof and inserting ‘‘179D, or 179E’’. (3) Paragraphs (2)(C) and (3)(C) of section 1245(a) are each amended by inserting ‘‘179E,’’ after ‘‘179D,’’. (4) The table of sections for part VI of subchapter B of chapter 1 is amended by inserting after the item relating to section 179D the following new item: ‘‘Sec. 179E. Election to expense advanced mine safety equipment.’’.
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