12 2 STA T . 1 5 1 9PUBLIC LA W 11 0– 2 34—M A Y 22 , 200 8‘ ‘ (5)instal lati o no f s ecur it y li gh ting , ca m eras, recor d ing e q ui p ment, and intrusion detection sensors, ‘‘( 6 ) implementation of measures to increase computer or computer net w or k security, ‘‘( 7 ) conducting a security v ulnera b ility assessment, ‘‘( 8 ) implementing a site security plan, and ‘‘( 9 ) such other measures for the protection of specified agricultural chemicals as the S ecretary may identify in regula - tion .A mounts described in the preceding sentence shall be taken into account only to the e x tent that such amounts are paid or incurred for the purpose of protecting specified agricultural chemicals. ‘‘(e) ELIG I B L E AG R I CU L T UR A L B U S I N ESS. —F or purposes of this section, the term ‘eligible agricultural business ’ means any person in the trade or business of— ‘‘( 1 ) selling agricultural products, including specified agri- cultural chemicals, at retail predominantly to farmers and ranchers, or ‘‘( 2 ) manufacturing, formulating, distributing, or aerially applying specified agricultural chemicals. ‘‘(f) S P ECI F IE D AGRICULTURAL CH E M ICAL.—For purposes of this section, the term ‘specified agricultural chemical’ means— ‘‘(1) any fertili z er commonly used in agricultural operations which is listed under— ‘‘(A) section 30 2(a)(2) of the Emergency P lanning and Community R ight-to- K now Act of 1986, ‘‘(B) section 101 of part 172 of title 4 9, Code of Federal Regulations, or ‘‘(C) part 126, 127, or 154 of title 33, Code of Federal Regulations, and ‘‘(2) any pesticide (as defined in section 2(u) of the Federal I nsecticide, Fungicide, and Rodenticide Act), including all active and inert ingredients thereof, which is customarily used on crops grown for food, feed, or fiber. ‘‘(g) C O NTROLLED G ROUPS.—Rules similar to the rules of para- graphs (1) and (2) of section 41(f) shall apply for purposes of this section. ‘‘(h) REGULATIONS.— T he Secretary may prescribe such regula- tions as may be necessary or appropriate to carry out the purposes of this section, including regulations which— ‘‘(1) provide for the proper treatment of amounts which are paid or incurred for purpose of protecting any specified agricultural chemical and for other purposes, and ‘‘(2) provide for the treatment of related properties as one facility for purposes of subsection (b). ‘‘(i) TERMINATION.—This section shall not apply to any amount paid or incurred after D ecember 31, 2012.’’. (b) CREDIT ALLO W ED AS PART OF GENERAL BUSINESS CREDIT.— Section 38(b) is amended by striking ‘‘plus’’ at the end of paragraph (30), by striking the period at the end of paragraph (31) and inserting ‘‘, plus’’, and by adding at the end the following new paragraph
‘‘(32) in the case of an eligible agricultural business (as defined in section 45 O (e)), the agricultural chemicals security credit determined under section 45O(a).’’. (c) DENIAL OF DOUBLE BENEFIT.—Section 280C is amended by adding at the end the following new subsection: 26USC 2 80 C . 26 USC 3 8. Ap p licab ili ty .
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