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CRS Report on Renewal Communities and New Markets Initiative

JUN. 12, 2000

RS20597

DATED JUN. 12, 2000
DOCUMENT ATTRIBUTES
  • Authors
    Mulock, Bruce K.
  • Institutional Authors
    Library of Congress; Congressional Research Service
  • Subject Area/Tax Topics
  • Index Terms
    legislation, tax
    investment incentives
    empowerment zones
    credits
  • Jurisdictions
  • Language
    English
  • Tax Analysts Document Number
    Doc 2000-17314 (4 original pages)
  • Tax Analysts Electronic Citation
    2000 TNT 122-21
Citations: RS20597

                       CRS REPORT FOR CONGRESS

 

 

                           Bruce K. Mulock

 

                Specialist in Government and Business

 

                   Government and Finance Division

 

 

                            June 12, 2000

 

 

SUMMARY

[1] On May 23, 2000, President CLinton and Speaker Dennis Hastert announced a bipartisan agreement on a renewal communities and new markets legislative initiative, which would provide tax credits and investment guarantees designed to draw equity capital into impoverished areas. The announcement came approximately six months after the President and Speaker pledged during a November 1999 joint appearance in Chicago to work together to craft an economic development proposal designed to assist areas whose economic fortunes have continued downward despite the nation's generally booming economy.

[2] While some have depicted the new markets-renewal communities plan as one that combines various elements favored by the Administration and congressional Republicans, it may be more accurate to say the plan includes such elements. Months of negotiations did little to achieve compromise, except both sides agreed to go forward with a proposal that contains approaches they favor as well as ones they dislike. The proposal comprises two distinctly different plans which share the common goal of trying to help low-income and distressed communities.

[3] The Republican part of the initiative would create 40 competitively selected "Renewal Communities" that would include: zero taxes on capital-gains for firms located in the areas; requirements that local communities lower tax rates, increase services, reduce red tape, and ease zoning; a wage credit for employers; and provisions permitting faith-based organizations to apply and receive federal assistance.

[4] The Administration's new markets part of the initiative includes: tax credits for people who invest in certain privately- managed investment funds and institutions; America's Private Investment Companies (APICs) to promote private investment in underserved communities; New Markets Venture Capital (NMVC) Firms to increase the availability of venture capital in distressed inner city and rural areas; and an expansion of the Empowerment Zone/Enterprise Communities (EZ/EC) program (nine more EZs and expanded benefits for all designated zones).

[5] During most of the Nation's history, two key factors led to limited interaction between federal and municipal governments. First, citizen expectations -- and hence, the policy responsibilities -- of these entities have varied greatly. The federal government concerned itself with such national policies [sic] defense and international affairs, while cities focused on providing local services. Second, there was no direct legal connection between them. Legally, cities -- as with other units of local government -- are creatures of the states. Thus, until the mid-20th century, cities interacted almost exclusively with their states or other local governments, not with the federal government.

[6] Beginning in the 1950s, however, the relationship between the federal government and cities changed dramatically. Particularly since the mid-1960s, the federal government has undertaken various initiatives designed to help distressed areas revive, e.g., the Economic Opportunity Act of 1964 (a centerpiece of the War on Poverty), Community Action Program, Model Cities, etc. In enacting these programs, Congress explicitly recognized that the national government had a role to play in what are ostensibly local economic development concerns.

[7] Both the federal government's evolving role and approach in helping distressed urban communities -- as well as rural areas -- are exemplified by the Empowerment Zone/Enterprise Communities (EZ/EC) program. 1 Enacted by the 103th Congress, the EZ/EC program differs from previous efforts in several key respects, including: a competition to determine designated areas; the autonomy given to EZs and ECs in decisionmaking; the promotion of so-called market-based economic development; and, its comprehensiveness.

[8] Conceptually, the EZ/EC program had its genesis with enterprise zone programs initiated in the United Kingdom in the 1980s, and subsequently championed in this country by Jack Kemp, among others, while both a Member of the House of Representatives and as the Secretary of Housing and Urban Development during the Reagan Administration. The concept originally emphasized various tax incentives and efforts to make it easier for firms to operate by eliminating such impediments as restrictive zoning laws and certain other governmental regulations.

[9] The Administration proposed a New Markets Initiative in June 1999 containing many of the elements now incorporated in the current proposal. The Renewal Communities part of the proposal, on the other hand, has roots that run even deeper. Representative J.C. Watts introduced the forerunner of the current proposal in the 104th Congress with "The Community Renewal Act of 1996." That legislation was much broader in scope, including several controversial provisions dealing with school vouchers, low-income educational opportunity scholarships, and family development accounts.

[10] Some observers expect the proposed renewal communities/new markets initiative bill, still an un-numbered work in progress, to draw heavily on H.R. 2848, introduced by Representative J. C. Watts, Jr., and H.R. 2170, introduced by Representative Charles B. Rangel. A Ways and Means Committee spokesman said on June 6 that congressional negotiators and the White House needed to iron out "minor differences" regarding the initiative before the committee could begin drafting the legislative language. He declined to detail specific areas of disagreement, but acknowledged that some of the difference centered on provisions dealing with low-income housing credits and phase-in dates.

SUMMARY OF RENEWAL COMMUNITIES/NEW MARKETS INITIATIVE.

[11] The renewal communities/new markets (RC/NM) legislative initiative combines elements favored by both congressional Republicans and the Administration. 2 It incorporates components of earlier enterprise zone approaches and elements from the Empowerment Zone/Enterprise Communities program and from market-oriented investment programs.

[12] As was the case with the EZ/EC program, there will be competitions to choose the nine new empowerment zones and the 40 Renewal Communities, of which 32 would be urban and eight rural.

[13] The RC/NM initiative is expected to cost the federal government $5 billion to $7 billion for the first five years, and $20 billion over the ten-year life of the program, according to Gene Sperling, director of the National Economic Council. 3

[14] NEW MARKETS TAX CREDIT. The agreement between the President and the Speaker includes the former's New Markets Tax Credit which the Administration hopes will spur $15 billion in new private equity investment for business growth in the nation's inner cities and isolated rural communities. According to Administration projections, the proposal will cost $1 billion over five years, and $4.5 billion over ten years.

     o Investors in eligible funds would receive a tax credit worth

 

       more than 30% (in present value terms) of the amount invested.

 

       Investors would take a 5% credit for the first 3 years of

 

       investment, and 6% for the next 4 years.

 

 

     o Eligible funds would be awarded to a wide range of entities,

 

       including community development banks and other community

 

       development financial institutions, venture funds, for-profit

 

       subsidiaries of community development corporations, America's

 

       Private Investment Companies and New Markets Venture Capital

 

       Firms (discussed below).

 

 

     o The New Markets Tax Credit would be widely available on a

 

       competitive basis to eligible entities serving low-and

 

       moderate-income communities in census tracts with poverty

 

       rates of at least 20% or median family income which does not

 

       exceed 80% of the area income.

 

 

[15] AMERICA'S PRIVATE INVESTMENT COMPANIES (APICs). APICs would be jointly designated by the Department of Housing and Urban Development (HUD) and the Small Business Administration (SBA). Under the legislative proposal each APIC would create investment funds with minimum private capital of $25 million 4 and would be eligible to then borrow twice that amount at government-guaranteed rates.

     o APICs would be structurally similar to the existing SBA Small

 

       Business Investment Company (SBIC)program, and the Investment

 

       Funds of the Overseas Private Investment Corporation, but

 

       would generally include more capital than either of those.

 

 

     o APICs would fund larger businesses, such as new back office

 

       operations 5 plant expansions, and conversions of old

 

       facilities into modem industrial "incubators" for smaller

 

       businesses. Currently, there are few, if any, sources of long

 

       term risk capital for these "landmark investments" in most

 

       poorer communities. This is intended to fill a perceived gap

 

       in the government's economic development tool box.

 

 

     o The agreement authorizes HUD to guarantee up to million in low

 

       cost loans, to be matched by $500 million in private investor

 

       contributions, to make a total of $1.5 billion available to

 

       invest in low-and moderate-income communities.

 

 

[16] NEW MARKETS VENTURE CAPITAL FIRMS (NMVC). This SBA- administered legislative proposal would create a new class of venture capital funds that target a lower rate of return (e.g., 10%) and provide more hands-on management assistance to their small business portfolio investments.

     o NMVCs would target smaller firms with growth prospects, but

 

       without a sufficient equity base.

 

 

     o NMVCs must have $5 million minimum in private equity and $1.5

 

       million in cash or in-kind commitments raised from private

 

       sources to provide operating and management assistance. For

 

       investment capital, the SBA would provide up to $1.50 in low-

 

       cost loans for each $1 that private investors contribute. The

 

       SBA would also match privately raised operating assistance on

 

       a dollar-for-dollar basis.

 

 

     o The agreement authorizes SBA to guarantee up to $150 million

 

       in loans to match $100 million in private equity, for a total

 

       of $250 million in investment capital. In addition, the

 

       agreement authorizes SBA to make $30 million in grants to

 

       match private commitments for operating assistance to NMVC

 

       portfolio companies.

 

 

[17] EMPOWERMENT ZONES. The agreement authorizes the designation of nine new Empowerment Zones, bringing the total number to 40 EZs, and extends the duration of the EZ designation in all 40 EZs to the year 2009. In all EZs, the following incentives would be available:

     o Wage credit equal to 20% on the first $15,000 of qualified

 

       wages per employee, i.e., $3,000.

 

 

     o Authority to issue tax exempt bonds to promote business

 

       development.

 

 

     o Incentives for EZ business investment by permitting EZ

 

       businesses to deduct an additional $35,000 in capital

 

       expenditures.

 

 

     o Zero rate on capital gains rolled over to another EZ business

 

       investment, and a 60% exclusion of capital gains derived from

 

       small business stock.

 

 

     o The EZ provision also includes an extension through 2009 of

 

       the Empowerment Zone incentives for the District of Columbia.

 

 

     o The costs of the EZ provisions, according to the

 

       Administration, would be $2 billion over 5 years and $4

 

       billion over 10 years.

 

 

[18] CREATION OF RENEWAL COMMUNITIES. Renewal Communities (RCs) designations would be awarded to 40 competitively selected communities that meet certain criteria showing economic distress in the community. Renewal Communities would have the following incentives:

     o Zero rate on capital gains derived from businesses located in

 

       the renewal communities. 6

 

 

     o Wage credit equal to 15% on the first $10,000 of qualified

 

       wages per employee.

 

 

     o Incentives for RC business investment by permitting RC

 

       businesses to deduct an additional $35,000 in capital

 

       expenditures.

 

 

     o Commercial revitalization tax deduction to promote commercial

 

       development.

 

 

[19] LOW INCOME HOUSING TAX CREDIT. The agreement includes the President's proposal to expand the low income housing tax credit by 40%, from $1.25 per capita to $1.75 per capita, and to index the credit for inflation thereafter. The proposal would cost $1 billion over 5 years and $6 billion over 10 years, according to the Administration.

     o The tax credit, which is administered by the states, currently

 

       helps to build 90,000 affordable housing units each year, but

 

       demand for the credits outstrips supply by three to one. The

 

       credit is designed to address the low-income housing

 

       shortage.

 

 

     o The proposal would help create an additional 180,000 units of

 

       affordable housing over the next five years for low-income

 

       families.

 

 

[20] The provisions included in this agreement will allow faith-based organizations to qualify for substance abuse prevention and treatments funds on the same basis as other non-profit organizations.

CONCLUDING OBSERVATIONS

[21] The idea behind the RC/NM initiative has been described as a merger of President Clinton's "New Markets Initiative" -- including a tax credit and other incentives designed to attract capital to low- income areas with a House Republican proposal called the "American Community Renewal Act (H.R. 815), which would provide tax and regulatory relief to economically distressed areas and help poor families set up subsidized savings accounts. 7 Instead of a merger, however, the bipartisan, anti-poverty package has been characterized as a juxtaposition: "We allow two different forms to see what we can learn over the next several years about what works best in attracting investment and job growth," said Gene Sperling. 8

[22] Indeed, if the legislation is enacted, it may be possible in a few years to examine the results and draw conclusions about which incentives, programs, and approaches seem to work best. The phenomenon of moribund urban and rural areas, and the myriad economic and human problems associated with them, will present a public policy challenge for the foreseeable future. The need to learn what works best argues for systematic collection of data that will facilitate program evaluation.

[23] On the other hand, history has shown that drawing conclusions about these types of economic development programs will not be easy. By the late 1980s, about three dozen states had created a variety of enterprise zone programs, yet even today there is little information about what works and what does not. The simple fact is that it is difficult to judge the success of economic development efforts. As one report notes:

     Although the economic development literature often discusses the

 

     potential effects of enterprise zones, empirical research on, or

 

     analysis of zone programs is somewhat limited. The modest amount

 

     of empirical research is due to two basic constraints: (1) the

 

     lack of reliable quantitative data to evaluate zone performance,

 

     and (2) the difficulty of isolating the effects of zone

 

     designation and incentives from those of other economic

 

     development factors and initiatives. 9

 

 

[24] Compounding the difficulty of determining what works in the RC/NM initiative, should it come to pass, is one immutable fact: each empowerment zone or renewal community will be unique. They will differ in varying ways, including geographic and demographic characteristics, the nature of local governance, and unemployment and poverty rates to name just a few.

 

FOOTNOTES

 

 

1 For more information on the program, see: CRS Report RS20381, Empowerment Zone/Enterprise Communities Program: Information on Rounds II & III, by Bruce K. Mulock.

2 In most instances, the order of the terms new markets and renewal communities in referring to the bipartisan proposal depends on the party affiliation of the speaker or writer. The choice in this report is arbitrary, and reflects that CRS is an agency of the legislative branch.

3 Transcript of White House Briefing by Gene Sperling, director of the National Economic Council, on New Markets Initiative Agreement. U.S. Newswire. Washington, May 23, 2000.

4 Investors in APICs would be eligible for New Markets Tax Credits. In addition to APICs, other eligible funds include community development banks and other community development financial institutions, venture funds, for-profit subsidiaries of community development corporations, and New Markets Venture Capital Finns.

5 Management and support tasks that can be performed away from a company's headquarters.

6 Currently, the District of Columbia is the only designated area in the EZ/EC program where a zero capital gains rate exists.

7 For example, see: David Nather. "Community Development Deal Still Stymied by Differences Over Philosophy of Poverty Relief," CQ Weekly, April 15, 2000, p. 896.

8 Transcript of White House Briefing by Gene Sperling.

9 Margaret G. Wilder and Barry M. Rubin. "Rhetoric versus Reality: A Review of Studies on State Enterprise Zone Programs," Journal of the American Planning Association, vol. 62, autumn 1996,p.475.

 

END OF FOOTNOTES
DOCUMENT ATTRIBUTES
  • Authors
    Mulock, Bruce K.
  • Institutional Authors
    Library of Congress; Congressional Research Service
  • Subject Area/Tax Topics
  • Index Terms
    legislation, tax
    investment incentives
    empowerment zones
    credits
  • Jurisdictions
  • Language
    English
  • Tax Analysts Document Number
    Doc 2000-17314 (4 original pages)
  • Tax Analysts Electronic Citation
    2000 TNT 122-21
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