Pub. L. 100-647, tit. VI, subtit. H, sec. 6176
CLARIFICATION OF SMALL ISSUE BOND DEFINITION OF MANUFACTURING FACILITY.
SEC. 6176. CLARIFICATION OF SMALL ISSUE BOND DEFINITION OF MANUFACTURING FACILITY. (a) In General.—Subparagraph (C) of section 144(a)(12) of the 1986 Code (defining manufacturing facility) is amended by adding at the end thereof the following new sentence: “For purposes of the 1st sentence of this subparagraph, the term ‘manufacturing facility’ includes facilities which are directly related and ancillary to a manufacturing facility (determined without regard to this sentence) if— “(i) such facilities are located on the same site as the manufacturing facility, and “(ii) not more than 25 percent of the net proceeds of the issue are used to provide such facilities.” (b) Effective Date.— (1) In general.—The amendment made by subsection (a) shall apply to bonds issued after the date of the enactment of this Act. (2) Refundings.— The amendment made by subsection (a) shall not apply to any bond issued to refund (or which is part of a series of bonds issued to refund) a bond issued on or before the date of the enactment of this Act if— (A) the average maturity date of the issue of which the refunding bond is a part is not later than the average maturity date of the bonds to be refunded by such issue, and (B) the amount of the refunding bond does not exceed the outstanding amount of the refunded bond. For purposes of subparagraph (A), average maturity shall be determined in accordance with section 147(b) of the 1986 Code.