; table of contents. Sec. 2. Facilitation of program-related investments. Sec. 3. Declaratory judgment remedy. Sec. 4. Information returns. Sec. 5. Publicity of information. Sec. 6. Conforming amendments. Sec. 7. Regulations. Sec. 8. Effective date. 2. Facilitation of program-related investments Subsection (c) of section 4944 of the Internal Revenue Code of 1986 is amended to read as follows: (c) Program related investments (1) Treatment of program related investments For purposes of this subchapter, program-related investments— (A) are not investments which jeopardize the carrying out of one or more purposes described in section 170(c)(2)(B), (B) are not business holdings under section 4943, and (C) may be qualifying distributions under section 4942. (2) Program-related investments defined (A) In general For purposes of this subchapter and chapter 61, an investment made by a private foundation constitutes a program-related investment if— (i) the primary purpose of the investment is to accomplish one or more of the purposes described in section 170(c)(2)(B), (ii) no significant purpose of the investment is the production of income or the appreciation of property, and (iii) no purpose of the investment is to accomplish one or more of the purposes described in section 170(c)(2)(D). (B) Special rules For purposes of subparagraph (A)— (i) determinations of whether an investment qualifies as a program-related investment shall be based on consideration of all relevant facts and circumstances, and (ii) the fact that the entity produces significant income or capital appreciation shall not, in the absence of other factors, be conclusive evidence of a significant purpose involving the production of income or the appreciation of property. (3) Safe harbor determinations The Secretary shall establish a procedure which shall be substantially similar to the processes for recognition of exemption under section 501(a) or 4945(g) and under which an entity seeking to receive program-related investments may petition the Secretary