CONTRIBUTIONS OF STOCK TO PRIVATE FOUNDATIONS; EXPANDED PUBLIC INSPECTION OF PRIVATE FOUNDATIONS’ ANNUAL RETURNS.

SEC. 1004. CONTRIBUTIONS OF STOCK TO PRIVATE FOUNDATIONS; EXPANDED PUBLIC INSPECTION OF PRIVATE FOUNDATIONS’ ANNUAL RETURNS. (a) Special Rule for Contributions of Stock Made Permanent.— (1) In general.—Paragraph (5) of section 170(e) is amended by striking subparagraph (D) (relating to termination). (2) Effective date.—The amendment made by paragraph (1) shall apply to contributions made after June 30, 1998. (b) Expanded Public Inspection of Private Foundations’ Annual Returns, Etc.— (1) In general.—Section 6104 (relating to publicity of information required from certain exempt organizations and certain trusts) is amended by striking subsections (d) and (e) and inserting after subsection (c) the following new subsection: “(d) Public Inspection of Certain Annual Returns and Applications for Exemption.— “(1) In general.—In the case of an organization described in subsection (c) or (d) of section 501 and exempt from taxation under section 501(a)— “(A) a copy of—112 STAT. 2681–889 “(i) the annual return filed under section 6033 (relating to returns by exempt organizations) by such organization, and “(ii) if the organization filed an application for recognition of exemption under section 501, the exempt status application materials of such organization, shall be made available by such organization for inspection during regular business hours by any individual at the principal office of such organization and, if such organization regularly maintains 1 or more regional or district offices having 3 or more employees, at each such regional or district office, and “(B) upon request of an individual made at such principal office or such a regional or district office, a copy of such annual return and exempt status application materials shall be provided to such individual without charge other than a reasonable fee for any reproduction and mailing costs. The request described in subparagraph (B) must be made in person or in writing. If such request is made in person, such copy shall be provided immediately and, if made in writing, shall be provided within 30 days. “(2) 3-year limitation on inspection of returns.—Paragraph (1) shall apply to an annual return filed under section 6033 only during the 3-year period beginning on the last day prescribed for filing such return (determined with regard to any extension of time for filing). “(3) Exceptions from disclosure requirement.— “(A) Nondisclosure of contributors, etc.—In the case of an organization which is not a private foundation (within the meaning of section 509(a)), paragraph (1) shall not require the disclosure of the name or address of any contributor to the organization. In the case of an organization described in section 501(d), paragraph (1) shall not require the disclosure of the copies referred to in section 6031(b) with respect to such organization. “(B) Nondisclosure of certain other information.—Paragraph (1) shall not require the disclosure of any information if the Secretary withheld such information from public inspection under subsection (a)(1)(D). “(4) Limitation on providing copies.—Paragraph (1)(B) shall not apply to any request if, in accordance with regulations promulgated by the Secretary, the organization has made the requested documents widely available, or the Secretary determines, upon application by an organization, that such request is part of a harassment campaign and that compliance with such request is not in the public interest. “(5) Exempt Status Application Materials.—For purposes of paragraph (1), the term ‘exempt status application materials’ means the application for recognition of exemption under section 501 and any papers submitted in support of such application and any letter or other document issued by the Internal Revenue Service with respect to such application.”. (2) Conforming amendments.— (A) Subsection (c) of section 6033 is amended by adding “and” at the end of paragraph (1), by striking paragraph (2), and by redesignating paragraph (3) as paragraph (2).112 STAT. 2681–890 (B) Subparagraph (C) of section 6652(c)(1) is amended by striking “subsection (d) or (e)(1) of section 6104 (relating to public inspection of annual returns)” and inserting “section 6104(d) with respect to any annual return”. (C) Subparagraph (D) of section 6652(c)(1) is amended by striking “section 6104(e)(2) (relating to public inspection of applications for exemption)” and inserting “section 6104(d) with respect to any exempt status application materials (as defined in such section)”. (D) Section 6685 is amended by striking “or (e)”. (E) Section 7207 is amended by striking “or (e)”. (3) Effective date.— (A) In general.—Except as provided in subparagraph (B), the amendments made by this subsection shall apply to requests made after the later of December 31, 1998, or the 60th day after the Secretary of the Treasury first issues the regulations referred to in section 6104(d)(4) of the Internal Revenue Code of 1986, as amended by this section. (B) Publication of annual returns.—Section 6104(d) of such Code, as in effect before the amendments made by this subsection, shall not apply to any return the due date for which is after the date such amendments take effect under subparagraph (A).