datamatters24/research-document-archive huggingface dataset:
SEC. 2. SOCIAL SECURITY NUMBER REQUIRED TO CLAIM 
THE REFUNDABLE PORTION OF THE CHILD 
TAX CREDIT. 
(a) IN GENERAL.—Subsection (d) of section 24 of the 
Internal Revenue Code of 1986 is amended by adding at 
the end the following new paragraph: 
‘‘(5) IDENTIFICATION REQUIREMENT WITH RE-
SPECT TO TAXPAYER.— 
‘‘(A) IN
GENERAL.—Paragraph (1) shall 
not apply to any taxpayer for any taxable year 
unless the taxpayer includes the taxpayer’s So-
cial Security number on the return of tax for 
such taxable year. 
‘‘(B) JOINT RETURNS.—In the case of a 
joint return, the requirement of subparagraph 
(A) shall be treated as met if the Social Secu-
rity number of either spouse is included on such 
return. 
‘‘(C) OMISSION
TREATED
AS
MATHE-
MATICAL OR CLERICAL ERROR.—Any failure to 
meet the requirement of subparagraph (A) shall 
be treated as a mathematical or clerical error 
and assessed according to section 6213(b)(1).’’. 
(b) CONFORMING AMENDMENT.—Subsection (e) of 
section 24 of such Code is amended by inserting ‘‘WITH 
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RESPECT
TO QUALIFYING CHILDREN’’ after ‘‘IDENTI-
FICATION REQUIREMENT’’ in the heading thereof. 
(c) EFFECTIVE DATE.—The amendments made by 
this section shall apply to taxable years beginning after 
the date of the enactment of this Act. 
Æ 
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I 
112TH CONGRESS 
1ST SESSION H. R. 1957 
To amend the Internal Revenue Code of 1986 to expand the tip tax credit 
to employers of cosmetologists and to promote tax compliance in the 
cosmetology sector. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 24, 2011 
Mr. SAM JOHNSON of Texas (for himself and Ms. BERKLEY) introduced the 
following bill; which was referred to the Committee on Ways and Means 
A BILL 
To amend the Internal Revenue Code of 1986 to expand 
the tip tax credit to employers of cosmetologists and 
to promote tax compliance in the cosmetology sector. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Small Business Tax 
Equalization and Compliance Act of 2011’’. 
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SEC. 2. EXPANSION OF CREDIT FOR PORTION OF SOCIAL 
SECURITY TAXES PAID WITH RESPECT TO 
EMPLOYEE TIPS. 
(a) EXPANSION OF CREDIT TO OTHER LINES OF 
BUSINESS.—Paragraph (2) of section 45B(b) of the Inter-
nal Revenue Code of 1986 is amended to read as follows: 
‘‘(2) APPLICATION ONLY TO CERTAIN LINES OF 
BUSINESS.—In applying paragraph (1), there shall 
be taken into account only tips received from cus-
tomers or clients in connection with— 
‘‘(A) the providing, delivering, or serving 
of food or beverages for consumption if the tip-
ping of employees delivering or serving food or 
beverages by customers is customary, or 
‘‘(B) the providing of any cosmetology 
service for customers or clients at a facility li-
censed to provide such service if the tipping of 
employees providing such service is cus-
tomary.’’. 
(b) DEFINITION OF COSMETOLOGY SERVICE.—Sec-
tion 45B of such Code is amended by redesignating sub-
sections (c) and (d) as subsections (d) and (e), respec-
tively, and by inserting after subsection (b) the following 
new subsection: 
‘‘(c) COSMETOLOGY SERVICE.—For purposes of this 
section, the term ‘cosmetology service’ means— 
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‘‘(1) hairdressing, 
‘‘(2) haircutting, 
‘‘(3) manicures and pedicures, 
‘‘(4) body waxing, facials, mud packs, wraps, 
and other similar skin treatments, and 
‘‘(5) any other beauty-related service provided 
at a facility at which a majority of the services pro-
vided (as determined on the basis of gross revenue) 
are described in paragraphs (1) through (4).’’. 
(c) EFFECTIVE DATE.—The amendments made by 
this section shall apply to tips received for services per-
formed after December 31, 2010. 
SEC. 3. INFORMATION REPORTING AND TAXPAYER EDU-
CATION FOR PROVIDERS OF COSMETOLOGY 
SERVICES. 
(a) IN GENERAL.—Subpart B of part III of sub-
chapter A of chapter 61 of the Internal Revenue Code of 
1986 is amended by inserting after section 6050W the fol-
lowing new section: 
‘‘SEC. 6050X. RETURNS RELATING TO COSMETOLOGY SERV-
ICES AND INFORMATION TO BE PROVIDED TO 
COSMETOLOGISTS. 
‘‘(a) IN GENERAL.—Every person (referred to in this 
section as a ‘reporting person’) who— 
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‘‘(1) employs 1 or more cosmetologists to pro-
vide any cosmetology service, 
‘‘(2) rents a chair to 1 or more cosmetologists 
to provide any cosmetology service on at least 5 cal-
endar days during a calendar year, or 
‘‘(3) in connection with its trade or business or 
rental activity, otherwise receives compensation 
from, or pays compensation to, 1 or more cosmetolo-
gists for the right to provide cosmetology services to, 
or for cosmetology services provided to, third-party 
patrons, 
shall comply with the return requirements of subsection 
(b) and the taxpayer education requirements of subsection 
(c). 
‘‘(b) RETURN REQUIREMENTS.—The return require-
ments of this subsection are met by a reporting person 
if the requirements of each of the following paragraphs 
applicable to such person are met. 
‘‘(1) EMPLOYEES.—In the case of a reporting 
person who employs 1 or more cosmetologists to pro-
vide cosmetology services, the requirements of this 
paragraph are met if such person meets the require-
ments of sections 6051 (relating to receipts for em-
ployees) and 6053(b) (relating to tip reporting) with 
respect to each such employee. 
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‘‘(2) INDEPENDENT
CONTRACTORS.—In the 
case of a reporting person who pays compensation to 
1 or more cosmetologists (other than as employees) 
for cosmetology services provided to third-party pa-
trons, the requirements of this paragraph are met if 
such person meets the applicable requirements of 
section 6041 (relating to returns filed by persons 
making payments of $600 or more in the course of 
a trade or business), section 6041A (relating to re-
turns to be filed by service-recipients who pay more 
than $600 in a calendar year for services from a 
service provider), and each other provision of this 
subpart that may be applicable to such compensa-
tion. 
‘‘(3) CHAIR RENTERS.— 
‘‘(A) IN GENERAL.—In the case of a re-
porting person who receives rent or other fees 
or compensation from 1 or more cosmetologists 
for use of a chair or for rights to provide any 
cosmetology service at a salon or other similar 
facility for more than 5 days in a calendar year, 
the requirements of this paragraph are met if 
such person— 
‘‘(i) makes a return, according to the 
forms or regulations prescribed by the Sec-
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retary, setting forth the name, address, 
and TIN of each such cosmetologist and 
the amount received from each such cos-
metologist, and 
‘‘(ii) furnishes to each cosmetologist 
whose name is required to be set forth on 
such return a written statement showing— 
‘‘(I) the name, address, and 
phone number of the information con-
tact of the reporting person, 
‘‘(II) the amount received from 
such cosmetologist, and 
‘‘(III) a statement informing 
such cosmetologist that (as required 
by this section), the reporting person 
has advised the Internal Revenue 
Service that the cosmetologist pro-
vided cosmetology services during the 
calendar year to which the statement 
relates. 
‘‘(B) METHOD AND TIME FOR PROVIDING 
STATEMENT.—The written statement required 
by clause (ii) of subparagraph (A) shall be fur-
nished (either in person or by first-class mail 
which includes adequate notice that the state-
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ment or information is enclosed) to the person 
on or before January 31 of the year following 
the calendar year for which the return under 
clause (i) of subparagraph (A) is to be made. 
‘‘(c) TAXPAYER EDUCATION REQUIREMENTS.—In 
the case of a reporting person who is required to provide 
a statement pursuant to subsection (b), the requirements 
of this subsection are met if such person provides to each 
such cosmetologist annually a publication, as designated 
by the Secretary, describing— 
‘‘(1) in the case of an employee, the tax and tip 
reporting obligations of employees, and 
‘‘(2) in the case of a cosmetologist who is not 
an employee of the reporting person, the tax obliga-
tions of independent contractors or proprietorships. 
The publications shall be furnished either in person or by 
first-class mail which includes adequate notice that the 
publication is enclosed. 
‘‘(d) DEFINITIONS.—For purposes of this section— 
‘‘(1) COSMETOLOGIST.— 
‘‘(A) IN GENERAL.—The term ‘cosmetolo-
gist’ means an individual who provides any cos-
metology service. 
‘‘(B) ANTI-AVOIDANCE
RULE.—The Sec-
retary may by regulation or ruling expand the 
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term ‘cosmetologist’ to include any entity or ar-
rangement if the Secretary determines that en-
tities are being formed to circumvent the re-
porting requirements of this section. 
‘‘(2) COSMETOLOGY SERVICE.—The term ‘cos-
metology service’ has the meaning given to such 
term by section 45B(c). 
‘‘(3) CHAIR.—The term ‘chair’ includes a chair, 
booth, or other furniture or equipment from which 
an individual provides a cosmetology service (deter-
mined without regard to whether the cosmetologist 
is entitled to use a specific chair, booth, or other 
similar furniture or equipment or has an exclusive 
right to use any such chair, booth, or other similar 
furniture or equipment). 
‘‘(e) EXCEPTIONS FOR CERTAIN EMPLOYEES.—Sub-
section (c) shall not apply to a reporting person with re-
spect to an employee who is employed in a capacity for 
which tipping (or sharing tips) is not customary.’’. 
(b) CONFORMING AMENDMENTS.— 
(1) Section 6724(d)(1)(B) of such Code (relat-
ing to the definition of information returns) is 
amended by striking ‘‘or’’ at the end of clause 
(xxiv), by striking ‘‘and’’ at the end of clause (xxv) 
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and inserting ‘‘or’’, and by inserting after clause 
(xxv) the following new clause: 
‘‘(xvi) section 6050X(a) (relating to 
returns by cosmetology service providers), 
and’’. 
(2) Section 6724(d)(2) of such Code is amend-
ed by striking ‘‘or’’ at the end of subparagraph 
(GG), by striking the period at the end of subpara-
graph (HH) and inserting ‘‘, or’’, and by inserting 
after subparagraph (HH) the following new subpara-
graph: 
‘‘(II) subsections (b)(3)(A)(ii) and (c) of 
section 6050X (relating to cosmetology service 
providers) even if the recipient is not a payee.’’. 
(3) The table of sections for subpart B of part 
III of subchapter A of chapter 61 of such Code is 
amended by adding after the item relating to section 
6050W the following new item: 
‘‘Sec. 6050X. Returns relating to cosmetology services and information to be 
provided to cosmetologists.’’. 
(c) EFFECTIVE DATE.—The amendments made by 
this section shall apply to calendar years after 2010. 
Æ 
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I 
112TH CONGRESS 
1ST SESSION H. R. 1958 
To amend title XVIII of the Social Security Act to modify the designation 
of accreditation organizations for orthotics and prosthetics, to apply 
accreditation and licensure requirements to suppliers of such devices 
and items for purposes of payment under the Medicare program, and 
to modify the payment rules for such devices and items under such 
program to account for practitioner qualifications and complexity of 
care. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 24, 2011 
Ms. 
BERKLEY
(for 
herself, 
Mr. 
THOMPSON
of 
Pennsylvania, 
Mr. 
RUPPERSBERGER, Mr. GUTHRIE, and Mr. NEAL) introduced the following 
bill; which was referred to the Committee on Energy and Commerce, and 
in addition to the Committee on Ways and Means, for a period to be sub-
sequently determined by the Speaker, in each case for consideration of 
such provisions as fall within the jurisdiction of the committee concerned 
A BILL 
To amend title XVIII of the Social Security Act to modify 
the designation of accreditation organizations for 
orthotics and prosthetics, to apply accreditation and li-
censure requirements to suppliers of such devices and 
items for purposes of payment under the Medicare pro-
gram, and to modify the payment rules for such devices 
and items under such program to account for practi-
tioner qualifications and complexity of care. 
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Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Medicare Orthotics and 
Prosthetics Improvement Act of 2011’’. 
SEC. 2. MODIFICATION OF REQUIREMENTS APPLICABLE 
UNDER MEDICARE TO DESIGNATION OF AC-
CREDITATION 
ORGANIZATIONS 
FOR 
SUP-
PLIERS OF ORTHOTICS AND PROSTHETICS. 
(a) IN GENERAL.—Section 1834(a)(20)(B) of the So-
cial Security Act (42 U.S.C. 1395m(a)(20)(B)) is amend-
ed— 
(1) by striking ‘‘Not later than’’ and inserting 
‘‘(i) IN GENERAL.—Subject to clause (ii), not later 
than’’ with the same indentation as the clauses 
added by paragraph (2); and 
(2) by adding at the end the following new 
clauses: 
‘‘(ii) SPECIAL
REQUIREMENTS
FOR 
ACCREDITATION
OF
SUPPLIERS
OF 
ORTHOTICS AND PROSTHETICS.—For pur-
poses of applying quality standards under 
subparagraph (A) for suppliers (other than 
suppliers described in clause (iii)) of items 
and services described in subparagraph 
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(D)(ii), the Secretary shall designate and 
approve an independent accreditation orga-
nization under clause (i) only if such orga-
nization is a Board or program described 
in subsection (h)(1)(F)(iv). Not later than 
January 1, 2012, the Secretary shall en-
sure that at least one independent accredi-
tation organization is designated and ap-
proved in accordance with this clause. 
‘‘(iii) 
EXCEPTION.—Suppliers 
de-
scribed in this clause are physicians, occu-
pational therapists, or physical therapists 
who are licensed or otherwise regulated by 
the State in which they are practicing and 
who receive payment under this title, in-
cluding regulations promulgated pursuant 
to this subsection.’’. 
(b) EFFECTIVE DATE.—An organization must satisfy 
the requirement of section 1834(a)(20)(B)(ii), as added 
by subsection (a)(2), not later than January 1, 2012, re-
gardless of whether such organization is designated or ap-
proved as an independent accreditation organization be-
fore, on, or after the date of the enactment of this Act. 
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SEC. 3. APPLICATION OF EXISTING ACCREDITATION AND 
LICENSURE 
REQUIREMENTS 
TO 
CERTAIN 
PROSTHETICS AND CUSTOM-FABRICATED OR 
CUSTOM-FITTED ORTHOTICS. 
(a) IN GENERAL.—Section 1834(h)(1)(F) of the So-
cial Security Act (42 U.S.C. 1395m(h)(1)(F)) is amend-
ed— 
(1) in the heading, by inserting ‘‘OR CUSTOM- 
FITTED’’ after ‘‘CUSTOM-FABRICATED’’; 
(2) in clause (i), by striking ‘‘an item of cus-
tom-fabricated orthotics described in clause (ii) or 
for an item of prosthetics unless such item is’’ and 
inserting ‘‘an item of orthotics or prosthetics, includ-
ing an item of custom-fabricated orthotics described 
in clause (ii), unless such item is’’; 
(3) in clause (ii)(II), by striking ‘‘a list of items 
to which this subparagraph applies’’ and inserting 
‘‘a list of items for purposes of clause (i)’’; and 
(4) in clause (iii)(III), by striking ‘‘to provide 
or manage the provision of prosthetics and custom- 
designed or -fabricated orthotics’’ and inserting ‘‘to 
provide or manage the provision of orthotics and 
prosthetics (and custom-designed or -fabricated 
orthotics, in the case of an item described in clause 
(ii))’’. 
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(b) EFFECTIVE DATE.—The amendments made by 
subsection (a) shall apply to orthotics and prosthetics fur-
nished on or after January 1, 2012. 
SEC. 4. MEDICARE PAYMENT RULES FOR ORTHOTICS AND 
PROSTHETICS TO ACCOUNT FOR PRACTI-
TIONER QUALIFICATIONS AND COMPLEXITY 
OF CARE. 
Section 1834(h) of the Social Security Act (42 U.S.C. 
1395m(h)) is amended— 
(1) in paragraph (1)(F)(iii), by striking ‘‘other 
individual who’’ and inserting ‘‘other individual who, 
with respect to a category of orthotics and pros-
thetics care described in clause (i), (ii), (iii), (iv), or 
(v) of paragraph (5)(C) furnished on or after Janu-
ary 1, 2012, and subject to paragraph (5)(A), satis-
fies all applicable criteria of the provider qualifica-
tion designation for such category described in the 
respective clause, and who’’; 
(2) in paragraph (1)(F)(iv), by inserting before 
the period the following: ‘‘and, with respect to a cat-
egory of orthotics and prosthetics care described in 
clause (i), (ii), (iii), (iv), or (v) of paragraph (5)(C) 
furnished on or after January 1, 2012, and subject 
to paragraph (5)(A), satisfies all applicable criteria 
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of the provider qualification designation for such 
category described in the respective clause’’; and 
(3) by adding at the end the following new 
paragraph: 
‘‘(5) PAYMENT RULES TO ACCOUNT FOR PRAC-
TITIONER
QUALIFICATIONS
AND
COMPLEXITY
OF 
CARE.— 
‘‘(A) CONSIDERATIONS FOR PAYMENTS.— 
‘‘(i) 
IN
GENERAL.—In 
applying 
clauses (iii) and (iv) of paragraph (1)(F) 
for purposes of determining whether pay-
ment may be made under this subsection 
for orthotics and prosthetics furnished on 
or after January 1, 2012, the Secretary 
shall take into account the complexity of 
the respective item and, subject to clauses 
(ii), (iii), and (iv), the qualifications of the 
individual or entity furnishing and fabri-
cating such respective item in accordance 
with this paragraph. 
‘‘(ii) INDIVIDUAL AND ENTITIES EX-
EMPTED FROM PROVIDER QUALIFICATION 
DESIGNATION CRITERIA.—With respect to 
an item of orthotics or prosthetics de-
scribed in clause (ii), (iii), (iv) or (v) of 
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subparagraph (C), any criteria for the pro-
vider qualification designations under such 
respective clause, including application of 
subparagraph (D), shall not apply to phy-
sicians, occupational therapists, or physical 
therapists who are licensed or otherwise 
regulated by the State in which they are 
practicing and who receive payment under 
this title, including regulations promul-
gated pursuant to this subsection, for the 
provision of orthotics and prosthetics. 
‘‘(iii) PRACTITIONERS MEDICARE-ELI-
GIBLE PRIOR TO JANUARY 1, 2013 EXEMPT-
ED.—In the case of a qualified practitioner 
or qualified supplier who is eligible to re-
ceive payment under this title before Janu-
ary 1, 2013— 
‘‘(I) with respect to an item of 
orthotics or prosthetics described in 
clause (i) of subparagraph (C), any 
criteria for the provider qualification 
designations under such clause, in-
cluding application of subparagraph 
(D), shall not apply to such practi-
tioner or supplier, respectively, for the 
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furnishing or fabrication of such an 
item so described; and 
‘‘(II) with respect to an item of 
orthotics or prosthetics described in 
clause (ii), (iii), or (iv) of subpara-
graph (C), any criteria for the pro-
vider qualification designations under 
the respective clause (or a subsequent 
clause of such subparagraph), includ-
ing application of subparagraph (D), 
shall not apply to such practitioner or 
supplier, respectively, for the fur-
nishing or fabrication of such an item 
described in such respective (or such 
subsequent) clause. 
‘‘(iv) DELAYED APPLICATION OF CER-
TAIN PROVIDER QUALIFICATION DESIGNA-
TION
CRITERIA.—The provider qualifica-
tion designations under clauses (i), (ii), 
and (iii) of subparagraph (C), including 
the application of subparagraph (D) to 
such clauses, shall not be taken into ac-
count with respect to payment made under 
this subsection for orthotics and pros-
thetics furnished before January 1, 2013. 
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‘‘(v) MODIFICATIONS.—The Secretary 
shall, in consultation with the boards and 
programs 
described 
in 
paragraph 
(1)(F)(iv), periodically review the criteria 
for the provider qualification designation 
under subparagraph (C)(i)(III) and may 
implement by regulation any modifications 
to such criteria, as determined appropriate 
in accordance with such consultation. Any 
such modification shall take effect no ear-
lier than January 1, 2014. 
‘‘(B) ASSIGNMENT OF BILLING CODES.— 
For purposes of subparagraph (A), the Sec-
retary, in consultation with representatives of 
the fields of occupational therapy, physical ther-
apy, orthotics, and prosthetics shall utilize and 
incorporate the set of L-codes listed, as of the 
date of the enactment of this paragraph, in the 
Centers for Medicare & Medicaid Services docu-
ment entitled Transmittal 656 (CMS Pub. 100– 
04, Change Request 3959, August 19, 2005) 
and the 2008 Orthotics and Prosthetics Tri-
partite Document, a multi-organization com-
pilation of HCPCS codes. Transmittal 656 shall 
be the controlling source of category, product, 
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