116 HR 7768 IH: Freedom from Regulations Act of 2020
U.S. House of Representatives
2020-07-24
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I116th CONGRESS2d SessionH. R. 7768IN THE HOUSE OF REPRESENTATIVESJuly 24, 2020Mr. Budd (for himself, Mr. Roy, Mr. Cline, Mr. Flores, and Mr. Smith of Nebraska) introduced the following bill; which was referred to the Committee on Oversight and Reform, and in addition to the Committees on the Judiciary, and Small Business, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concernedA BILLTo require that independent agencies comply with all requirements of rulemaking, and for other purposes.1.Short titleThis Act may be cited as the Freedom from Regulations Act of 2020.2.Independent agencies to comply with government-wide rules on agency actionNotwithstanding any other provision of law, an independent agency (as such term is defined in section 3502(5) of title 44, United States Code, but in any event not including the Board of Governors of the Federal Reserve System) shall comply with any provision of law applicable to the agency action of any other agency, including the provisions of subchapter II of chapter 5 of title 5, United States Code, chapter 6 of title 5, United States Code, the Unfunded Mandates Reform Act of 1995, the Economic Growth and Regulatory Paperwork Reduction Act of 1996, and section 515 of the Consolidated Appropriations Act, 2001.3.DefinitionsTerms used in this Act have the meanings given such terms in section 551 of title 5, United States Code.


		I
		112th CONGRESS
		1st Session
		H. R. 918
		IN THE HOUSE OF REPRESENTATIVES

			March 3, 2011
			Ms. Foxx 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 repeal the
		  withholding of income and social security taxes.

		1.Short titleThis Act may be cited as the
			 Federal Withholding Tax Repeal Act of
			 2011.
		2.FindingsCongress finds the following:
			(1)At the onset of
			 the Civil War, Congress passed the Revenue Act of 1861, which imposed a tax on
			 personal incomes and to assure timely collection, taxes were withheld at
			 the source by employers.
			(2)The need for
			 Federal revenue declined sharply after the war and in 1872, the income tax was
			 abolished and along with it, the Federal withholding mandate.
			(3)With passage of
			 the 16th amendment to the Constitution, Congress swiftly passed legislation
			 creating a Federal income tax, withheld before employee salaries were
			 paid.
			(4)In response to
			 growing taxpayer criticism of the withholding mandate, Treasury Secretary
			 William G. McAdoo stated that it would be very advantageous to … do away
			 with the withholding of income tax at the source because it would
			 eliminate a great deal of criticism which has been directed against the
			 law; a statement reflecting the sentiment which ultimately led to the
			 repeal of Federal withholding authority in 1917.
			(5)In the 1920s and
			 1930s, income taxes were due on March 15 following the end of the tax year and
			 could be paid either in one lump sum on that date or in quarterly
			 installments.
			(6)With the onset of
			 World War II, fearing that taxpayers might refuse to pay the higher tax rates
			 and surcharges associated with funding the war effort, Federal officials,
			 lawmakers, and political leaders such as President Franklin D. Roosevelt used
			 the military crisis to draw on Americans’ sense of patriotism and resurrect the
			 Federal withholding authority as a temporary wartime
			 measure.
			(7)The campaign to
			 reinstitute a permanent system of withholding overcame public hostility with
			 the passage of the Withholding Tax Act of 1943 which incorporated suggestions
			 proffered by Beardsley Ruml to eliminate individuals’ 1942 tax liabilities by
			 counting amounts paid or withheld in 1943 as tax payments for that year.
			(8)Since that time,
			 Congress has stubbornly refused to repeal the Federal withholding mandate
			 contained in the Withholding Tax Act.
			(9)In fiscal year 2009, the Internal Revenue
			 Service refunded overpayments amounting to over $332,875,709,000 more than
			 actual individual income tax liabilities, effectively denying interest payments
			 otherwise owed to taxpayers and amounting to a hidden tax.
			(10)These
			 overpayments are returned annually in the form of tax refunds to taxpayers who
			 often confuse the payments as a reward.
			(11)According to the Tax Foundation,
			 nearly one-third of the 143 million federal income tax returns filed in
			 2007 resulted in no tax payment, meaning that the tax filers got
			 back every dollar that had been withheld from their paychecks, and often more.
			 Roughly 46.6 million tax returns, or 32.6 percent, are filed by such
			 nonpayers, people whose exemptions, deductions and credits wiped
			 out any federal income tax due..
			(12)The absence of
			 the Federal withholding mandate leaves employers and employees free to
			 negotiate alternative, private means of collecting and paying Federal income
			 taxes, thereby allowing individuals to voluntarily earn interest on their
			 withhholdings.
			(13)The Federal
			 withholding mandate allows the Federal Government to disguise tax increases and
			 hampers Federal accountability and transparency by requiring the assistance of
			 an intermediary tax collector.
			(14)Complying with
			 the Federal withholding mandate imposes costly burdens and legal liabilities on
			 employers forced to act as de facto IRS agents, without compensation for lost
			 time and resources.
			(15)Referring to the
			 Federal withholding mandate in his work Public Finance in Democratic Process:
			 Fiscal Institutions and Individual Choice, 1986 Nobel Prize winning economist
			 James Buchanan stated that The individual who does not have possession
			 of income before paying it out cannot  sense the real cost of
			 public services in a manner comparable to that experienced in a genuine act of
			 outpayment..
			(16)In CATO Institute
			 study, Charlotte Twight has noted that [W]ithholding is the paramount
			 administrative mechanism enabling the Federal Government to collect, without
			 significant protest, sufficient private resources to fund a vastly expanded
			 welfare state..
			(17)The Federal tax
			 withholding mandate was listed by Human Events in 2005 as the fourth
			 Most Harmful Government Program and seventh Worst Tax
			 Law in 2006.
			(18)The National
			 Taxpayers Union notes that the incremental nature of withholding masks the true
			 cost of Federal income taxes, which would be much more apparent if individuals
			 had to write monthly, quarterly, or annual checks to the Federal
			 Government.
			3.PurposeThe purposes of this Act are—
			(1)to increase
			 transparency and accountability in the Federal tax system by providing the
			 public with a more accurate account of—
				(A)the annual tax
			 burden; and
				(B)the Federal budget
			 deficit;
				(2)to decrease the overall tax burden and
			 increase the personal wealth of taxpayers by allowing for the personal
			 collection of interest during the fiscal year on overpayments that are
			 otherwise used by the Federal Government to partly avoid interest
			 payments;
			(3)to decrease the
			 burden on employers by freeing them from the task of collecting income tax
			 withholding from their employees; and
			(4)to end the
			 deceptive practice of masking higher tax rates from taxpayers.
			4.Repeal of Federal
			 income and Social Security tax withholding mandate
			(a)In
			 generalThe following provisions of the Internal Revenue Code of
			 1986 are hereby repealed:
				(1)Section 3102
			 (relating to deduction of social security tax from wages).
				(2)Section 3202
			 (relating to deduction of railroad retirement tax from compensation).
				(3)Chapter 24
			 (relating to income tax withholding).
				(b)Requirement of
			 estimated tax payments for employee social security taxesSubsection (f) of section 6654 of such Code
			 is amended by redesignating paragraphs (3) and (4) as paragraphs (4) and (5),
			 respectively, and by inserting after paragraph (2) the following new
			 paragraph:

					(3)the taxes imposed
				by section 3101(a) and 3201(a),
				plus
					.
			(c)Effective
			 dateThe amendments made by this section shall apply to amounts
			 paid on or after the first January 1 occurring after 1 year after the date of
			 the enactment of this Act.
			5.Continued
			 voluntary tax withholding
			(a)Authority of the
			 IRSNothing in this Act may
			 be construed to limit the authority of the Internal Revenue Service to accept
			 voluntary tax payments from employers electing to continue collecting Federal
			 income taxes from employees.
			(b)Voluntary
			 employer participationNothing in this Act shall be construed to
			 prevent voluntary employer sponsored withholding of Federal income taxes on
			 behalf of employees.
			(c)Voluntary
			 employee participationNothing in this Act shall be
			 construed—
				(1)to require any
			 employee to participate in an employer Federal income tax withholding system,
			 or
				(2)to prevent any
			 election of an employee to opt in to an employer Federal income tax withholding
			 system, with all terms and conditions for participation being negotiable
			 between the employee and employer.


110 HR 5863 IH: Southwest Border Violence Reduction

U.S. House of Representatives
2008-04-22
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		I
		110th CONGRESS
		2d Session
		H. R. 5863
		IN THE HOUSE OF REPRESENTATIVES

			April 22, 2008
			Mr. Cuellar
			 introduced the following bill; which was referred to the
			 Committee on the
			 Judiciary, and in addition to the Committee on
			 Foreign Affairs, for a
			 period to be subsequently determined by the Speaker, in each case for
			 consideration of such provisions as fall within the jurisdiction of the
			 committee concerned

		A BILL
		To authorize additional resources to identify and
		  eliminate illicit sources of firearms smuggled into Mexico for use by violent
		  drug trafficking organizations, and for other purposes.

		1.Short titleThis Act may be cited as the
			 Southwest Border Violence Reduction
			 Act of 2008.
		2.Project
			 gunrunner
			(a)In
			 generalThe Attorney General shall dedicate and expand the
			 resources provided for the Project Gunrunner initiative of the Bureau of
			 Alcohol, Tobacco, Firearms, and Explosives to identify, investigate, and
			 prosecute individuals involved in the trafficking of firearms across the
			 international border between the United States and Mexico.
			(b)ActivitiesIn
			 carrying out this section, the Attorney General shall—
				(1)assign additional
			 agents of the Bureau of Alcohol, Tobacco, Firearms, and Explosives to the area
			 of the United States adjacent to the international border between the United
			 States and Mexico to support the expansion of Project Gunrunner teams;
				(2)establish not
			 fewer than 1 Project Gunrunner team in each State along the international
			 border between the United States and Mexico; and
				(3)coordinate with the
			 heads of other relevant Federal law enforcement agencies and State and local
			 law enforcement agencies to address firearms trafficking in a comprehensive
			 manner.
				(c)Additional
			 staffThe Attorney General may hire additional persons to be
			 Bureau of Alcohol, Tobacco, Firearms, and Explosives agents for, and may use
			 such other resources as may be necessary to adequately support, Project
			 Gunrunner.
			(d)Authorization of
			 AppropriationsThere are authorized to be appropriated
			 $15,000,000 for each of fiscal years 2009 and 2010 to carry out this
			 section.
			3.Enhanced
			 international cooperation
			(a)In
			 generalThe Attorney General, in cooperation with the Secretary
			 of State, shall—
				(1)assign agents of
			 the Bureau of Alcohol, Tobacco, Firearms, and Explosives to the United States
			 mission in Mexico, to work with Mexican law enforcement agencies in conducting
			 investigations relating to firearms trafficking and other criminal
			 enterprises;
				(2)provide the
			 equipment and technological resources necessary to support investigations and
			 to trace firearms recovered in Mexico; and
				(3)support the
			 training of vetted Mexican law enforcement officers in serial number
			 restoration techniques, canine explosive detection, and antitrafficking
			 tactics.
				(b)Authorization of
			 AppropriationsThere are authorized to be appropriated $9,500,000
			 for each of fiscal years 2009 and 2010 to carry out this section.


110 HR 2284 : To amend the Small Business Act to expand

U.S. House of Representatives
2007-06-21
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		IIB
		110th CONGRESS
		1st Session
		H. R. 2284
		IN THE SENATE OF THE UNITED
		  STATES

			June 21, 2007
			Received; read twice and referred to the Committee on
			 Small Business and Entrepreneurship

		AN ACT
		To amend the Small Business Act to expand
		  and improve the assistance provided by Small Business Development Centers to
		  Indian tribe members, Alaska Natives, and Native Hawaiians.

		1.Findings and
			 purposes
			(a)FindingsCongress
			 finds the following:
				(1)The rate for
			 American Indians and Alaskan Natives living below 50 percent the poverty level
			 is 11.2 percent, nearly double the rate of the general population.
				(2)The unemployment
			 rate for American Indians and Alaskan Natives 16 years and over is 13.6
			 percent, nearly double the rate of the general population.
				(3)Indian tribe
			 members and Alaska Natives own more than 201,000 businesses and generate more
			 than $26,000,000,000 in revenues. The construction industry accounted for 16
			 percent of these businesses and 22.5 percent of their total receipts. The next
			 largest was the service industry (13.2 percent and 3.4 percent, respectively).
			 The third largest was the health care and social assistance industry (12.1
			 percent and 4.6 percent, respectively).
				(4)The Small Business
			 Development Center program is cost effective. Clients receiving long-term
			 counseling under the program in 2005 generated additional tax revenues of
			 $248,000,000, nearly 2.8 times the cost of the program to the Federal
			 Government.
				(5)Using the existing
			 infrastructure of the Small Business Development Center program, small
			 businesses owned by Indian tribe members, Alaska Natives, and Native Hawaiians
			 receiving services under the program will have a higher survival rate than the
			 average small business not receiving such services.
				(6)Business
			 counseling and technical assistance is critical on Indian lands where similar
			 services are scarce and expensive.
				(7)Increased
			 assistance through counseling under the Small Business Development Center
			 program has been shown to reduce the default rate associated with lending
			 programs of the Small Business Administration.
				(b)PurposesThe
			 purposes of this Act are as follows:
				(1)To stimulate
			 economies on Indian lands.
				(2)To foster economic
			 development on Indian lands.
				(3)To assist in the
			 creation of new small businesses owned by Indian tribe members, Alaska Natives,
			 and Native Hawaiians and expand existing ones.
				(4)To provide
			 management, technical, and research assistance to small businesses owned by
			 Indian tribe members, Alaska Natives, and Native Hawaiians.
				(5)To seek the advice
			 of local Tribal Councils on where small business development assistance is most
			 needed.
				(6)To ensure that
			 Indian tribe members, Alaska Natives, and Native Hawaiians have full access to
			 existing business counseling and technical assistance available through the
			 Small Business Development Center program.
				2.Small Business
			 Development Center assistance to Indian tribe members, Alaska Natives, and
			 Native Hawaiians
			(a)In
			 generalSection 21(a) of the Small
			 Business Act (15 U.S.C. 648(a)) is amended by
			 adding at the end the following:

					(8)Additional grant
				to assist Indian tribe members, Alaska Natives, and Native Hawaiians
						(A)In
				generalAny applicant in an eligible State that is funded by the
				Administration as a Small Business Development Center may apply for an
				additional grant to be used solely to provide services described in subsection
				(c)(3) to assist with outreach, development, and enhancement on Indian lands of
				small business startups and expansions owned by Indian tribe members, Alaska
				Natives, and Native Hawaiians.
						(B)Eligible
				StatesFor purposes of subparagraph (A), an eligible State is a
				State that has a combined population of Indian tribe members, Alaska Natives,
				and Native Hawaiians that comprises at least 1 percent of the State’s total
				population, as shown by the latest available census.
						(C)Grant
				applicationsAn applicant for a grant under subparagraph (A)
				shall submit to the Administration an application that is in such form as the
				Administration may require. The application shall include information regarding
				the applicant’s goals and objectives for the services to be provided using the
				grant, including—
							(i)the
				capability of the applicant to provide training and services to a
				representative number of Indian tribe members, Alaska Natives, and Native
				Hawaiians;
							(ii)the location of
				the Small Business Development Center site proposed by the applicant;
							(iii)the required
				amount of grant funding needed by the applicant to implement the program;
				and
							(iv)the extent to
				which the applicant has consulted with local Tribal Councils.
							(D)Applicability of
				grant requirementsAn applicant for a grant under subparagraph
				(A) shall comply with all of the requirements of this section, except that the
				matching funds requirements under paragraph (4)(A) shall not apply.
						(E)Maximum amount
				of grantsNo applicant may receive more than $300,000 in grants
				under this paragraph for one fiscal year.
						(F)RegulationsAfter
				providing notice and an opportunity for comment and after consulting with the
				Association recognized by the Administration pursuant to paragraph (3)(A) (but
				not later than 180 days after the date of enactment of this paragraph), the
				Administration shall issue final regulations to carry out this paragraph,
				including regulations that establish—
							(i)standards relating
				to educational, technical, and support services to be provided by Small
				Business Development Centers receiving assistance under this paragraph;
				and
							(ii)standards
				relating to any work plan that the Administration may require a Small Business
				Development Center receiving assistance under this paragraph to develop.
							(G)DefinitionsIn
				this section, the following definitions apply:
							(i)Indian
				landsThe term Indian lands has the meaning given
				the term Indian country in
				section
				1151 of title 18, United States Code, the meaning given the
				term Indian reservation in section 151.2 of title 25, Code of
				Federal Regulations (as in effect on the date of enactment of this paragraph),
				and the meaning given the term reservation in section 4 of the
				Indian Child Welfare Act of 1978 (25 U.S.C. 1903).
							(ii)Indian
				tribeThe term Indian tribe means any band, nation,
				or organized group or community of Indians located in the contiguous United
				States, and the Metlakatla Indian Community, whose members are recognized as
				eligible for the services provided to Indians by the Secretary of the Interior
				because of their status as Indians.
							(iii)Indian tribe
				memberThe term Indian tribe member means a member
				of an Indian tribe (other than a Alaska Native).
							(iv)Alaska
				NativeThe term Alaska Native has the meaning given
				the term Native in section 3(b) of the Alaska Native Claims
				Settlement Act (43
				U.S.C. 1602(b)).
							(v)Native
				HawaiianThe term
				Native Hawaiian means any individual who is—
								(I)a citizen of the
				United States; and
								(II)a descendant of
				the aboriginal people, who prior to 1778, occupied and exercised sovereignty in
				the area that now constitutes the State of Hawaii.
								(vi)Tribal
				organizationThe term
				tribal organization has the meaning given that term in section
				4(l) of the Indian Self-Determination and Education Assistance Act (25 U.S.C.
				450b(l)).
							(H)Authorization of
				appropriationsThere is authorized to be appropriated to carry
				out this paragraph $7,000,000 for each of fiscal years 2008 through
				2010.
						(I)Funding
				limitations
							(i)Nonapplicability
				of certain limitationsFunding under this paragraph shall be in
				addition to the dollar program limitations specified in paragraph (4).
							(ii)Limitation on
				use of fundsThe Administration may carry out this paragraph only
				with amounts appropriated in advance specifically to carry out this
				paragraph.
							.
			3.State
			 consultation with tribal organizationsSection 21(c) of the
			 Small Business Act (15 U.S.C. 648(c)) is
			 amended by adding at the end the following:

				(9)Advice of local
				tribal organizationsA Small Business Development Center
				receiving a grant under this section shall request the advice of tribal
				organization on how best to provide assistance to Indian tribe members, Alaska
				Natives, and Native Hawaiians and where to locate satellite centers to provide
				such
				assistance.
				.

			Passed the House of
			 Representatives June 20, 2007.
			Lorraine C. Miller,
			Clerk.


		I
		112th CONGRESS
		1st Session
		H. R. 1380
		IN THE HOUSE OF REPRESENTATIVES

			April 6, 2011
			Mr. Sullivan (for
			 himself, Mr. Boren,
			 Mr. Larson of Connecticut,
			 Mr. Brady of Texas,
			 Mr. McCaul,
			 Ms. Sutton,
			 Mr. Gene Green of Texas,
			 Mr. Shuster,
			 Mr. Simpson,
			 Mr. Bachus,
			 Mr. Alexander,
			 Mr. Grimm,
			 Mr. Burton of Indiana,
			 Mr. Thompson of Pennsylvania,
			 Mr. Luján,
			 Mr. Critz,
			 Mr. Bishop of Georgia,
			 Mr. Cuellar,
			 Mr. Doyle,
			 Ms. Kaptur,
			 Mr. Kissell,
			 Mr. Lipinski,
			 Mr. Matheson,
			 Mr. Murphy of Connecticut,
			 Mr. Ross of Arkansas,
			 Mr. Lucas,
			 Mr. Welch,
			 Mr. Cole, Mr. McIntyre, Mr.
			 Bilbray, Mr. Culberson,
			 Mrs. Blackburn,
			 Mr. Donnelly of Indiana,
			 Mr. Boustany,
			 Mr. Fleming,
			 Mr. Chandler,
			 Mr. Hall, Mrs. Capito, Mr.
			 Jones, Mr. Murphy of
			 Pennsylvania, Mr. Rogers of
			 Alabama, Mr. Perlmutter,
			 Mr. Altmire,
			 Mr. Gardner,
			 Mr. Conaway,
			 Mr. Ryan of Ohio,
			 Mr. Sessions,
			 Mr. Holt, Mr. Tonko, Mr.
			 Sablan, Mr. Peters,
			 Ms. DeGette,
			 Mr. Capuano,
			 Mr. Courtney,
			 Mr. Clay, Mr. Thompson of California,
			 Mr. Loebsack,
			 Mr. Barton of Texas,
			 Mr. Issa, Mr. Gallegly, Mr.
			 Harper, Mr. Bishop of
			 Utah, Mr. Terry,
			 Mr. Costa,
			 Mr. Barrow,
			 Ms. Fudge,
			 Mr. Cleaver,
			 Mr. Serrano,
			 Mr. Wu, Mr. Pascrell, Mr.
			 Scalise, Mrs. Bono Mack,
			 Mr. Boswell,
			 Mrs. Lummis,
			 Mr. Lankford,
			 Mr. Rehberg, and
			 Mr. Marchant) introduced the following
			 bill; which was referred to the Committee
			 on Ways and Means, and in addition to the Committees on
			 Science, Space, and
			 Technology and Energy and
			 Commerce, for a period to be subsequently 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 the Internal Revenue Code of 1986 to encourage
		  alternative energy investments and job creation.

		1.Short title, etc
			(a)Short
			 titleThis Act may be cited
			 as the New Alternative Transportation
			 to Give Americans Solutions Act of 2011.
			(b)Amendment of
			 1986 CodeExcept as otherwise
			 expressly provided, whenever in this Act an amendment or repeal is expressed in
			 terms of an amendment to, or repeal of, a section or other provision, the
			 reference shall be considered to be made to a section or other provision of the
			 Internal Revenue Code of 1986.
			(c)Table of
			 contentsThe table of contents for this Act is as follows:

					Sec. 1. Short title, etc.
					Title I—Promote the Purchase and Use of NGVs With an Emphasis on
				Heavy-Duty Vehicles and Fleet Vehicles
					Sec. 101. Modification of alternative fuel credit.
					Sec. 102. Extension and modification of new qualified
				alternative fuel motor vehicle credit.
					Sec. 103. Allowance of vehicle and infrastructure credits
				against regular and minimum tax and transferability of credits.
					Sec. 104. Modification of credit for purchase of vehicles
				fueled by compressed natural gas or liquefied natural gas.
					Sec. 105. Modification of definition of new qualified
				alternative fuel motor vehicle.
					Sec. 106. Providing for the treatment of property purchased by
				Indian tribal governments.
					Title II—Promote production of NGVs by Original Equipment
				Manufacturers
					Sec. 201. Credit for producing vehicles fueled by natural gas
				or liquified natural gas.
					Sec. 202. Amendment to section 136 of the Energy Security and
				Independence Act of 2007.
					Title III—Incentivize the Installation of Natural Gas Fuel
				Pumps
					Sec. 301. Extension and modification of alternative fuel
				vehicle refueling property credit.
					Sec. 302. Increase in credit for certain alternative fuel
				vehicle refueling properties.
					Title IV—Natural Gas Vehicles
					Sec. 401. Grants for natural gas vehicles research and
				development.
					Sec. 402. Sense of the Congress regarding EPA certification of
				NGV retrofit kits.
					Sec. 403. Sense of the Congress regarding EPA and NHTSA
				regulation of medium- and heavy-duty engines and vehicles.
					Sec. 404. Amendment to section 508 of the Energy Policy Act of
				1992.

			IPromote the
			 Purchase and Use of NGVs With an Emphasis on Heavy-Duty Vehicles and Fleet
			 Vehicles
			101.Modification of
			 alternative fuel credit
				(a)Alternative fuel
			 creditParagraph (5) of section 6426(d) (relating to alternative
			 fuel credit) is amended by inserting , and December 31, 2016, in the
			 case of any sale or use involving compressed or liquefied natural gas
			 after hydrogen.
				(b)Alternative fuel
			 mixture creditParagraph (3)
			 of section 6426(e) is amended by inserting , and December 31, 2016, in
			 the case of any sale or use involving compressed or liquefied natural
			 gas after hydrogen.
				(c)Payments
			 relating to alternative fuel or alternative fuel
			 mixturesParagraph (6) of section 6427(e) is amended—
					(1)in subparagraph
			 (C)—
						(A)by striking
			 subparagraph (D) and inserting subparagraphs (D) and
			 (E), and
						(B)by striking
			 and at the end thereof,
						(2)by striking the
			 period at the end of subparagraph (D) and inserting , and,
			 and
					(3)by inserting at
			 the end the following:

							(E)any alternative fuel or alternative fuel
				mixture (as so defined) involving compressed or liquefied natural gas sold or
				used after December 31,
				2016.
							.
					(d)Payments
			 Relating to Indian TribesParagraph (1) of section 6427(k)(A) is
			 amended by inserting striking or at the end and inserting
			 an Indian Tribal Government, or.
				(e)Effective
			 dateThe amendments made by this section shall apply to fuel sold
			 or used after the date of the enactment of this Act.
				102.Extension and
			 modification of new qualified alternative fuel motor vehicle credit
				(a)In
			 generalParagraph (4) of
			 section 30B(k) (relating to termination) is amended by inserting
			 (December 31, 2016, in the case of a vehicle powered by compressed or
			 liquefied natural gas) before the period at the end.
				(b)Effective
			 dateThe amendment made by subsection (a) shall apply to property
			 placed in service after the date of the enactment of this Act.
				103.Allowance of
			 vehicle and infrastructure credits against regular and minimum tax and
			 transferability of credits
				(a)Business
			 creditsSubparagraph (B) of section 38(c)(4) is amended by
			 striking and at the end of clause (viii), by striking the period
			 at the end of clause (ix) and inserting a comma, and by inserting after clause
			 (ix) the following new clauses:

						(x)the portion of the credit determined under
				section 30B which is attributable to the application of subsection (e)(3)
				thereof with respect to new qualified alternative fuel motor vehicles which are
				capable of being powered by compressed or liquefied natural gas, and
						(xi)the portion of the credit determined under
				section 30C which is attributable to the application of subsection (b) thereof
				with respect to refueling property which is used to store and or dispense
				compressed or liquefied natural
				gas.
						.
				(b)Personal
			 credits
					(1)New qualified
			 alternative fuel motor vehiclesSubsection (g) of section 30B is
			 amended by adding at the end the following new paragraph:

							(3)Special rule
				relating to certain new qualified alternative fuel motor vehiclesIn the case of the portion of the credit
				determined under subsection (a) which is attributable to the application of
				subsection (e)(3) with respect to new qualified alternative fuel motor vehicles
				which are capable of being powered by compressed or liquefied natural
				gas—
								(A)paragraph (2) shall (after the application
				of paragraph (1)) be applied separately with respect to such portion,
				and
								(B)in lieu of the
				limitation determined under paragraph (2), such limitation shall not exceed the
				excess (if any) of—
									(i)the sum of the
				regular tax liability (as defined in section 26(b)) plus the tentative minimum
				tax for the taxable year, reduced by
									(ii)the sum of the
				credits allowable under subpart A and sections 27 and
				30.
									.
					(2)Alternative fuel
			 vehicle refueling propertiesSubsection (d) of section 30C is
			 amended by adding at the end the following new paragraph:

							(3)Special rule
				relating to certain alternative fuel vehicle refueling propertiesIn the case of the portion of the credit
				determined under subsection (a) with respect to refueling property which is
				used to store and or dispense compressed or liquefied natural gas and which is
				attributable to the application of subsection (b)—
								(A)paragraph (2)
				shall (after the application of paragraph (1)) be applied separately with
				respect to such portion, and
								(B)in lieu of the
				limitation determined under paragraph (2), such limitation shall not exceed the
				excess (if any) of—
									(i)the sum of the
				regular tax liability (as defined in section 26(b)) plus the tentative minimum
				tax for the taxable year, reduced by
									(ii)the sum of the
				credits allowable under subpart A and sections 27, 30, and the portion of the
				credit determined under section 30B which is attributable to the application of
				subsection (e)(3)
				thereof.
									.
					(c)Credits may be
			 transferred
					(1)Vehicle
			 creditsSubsection (h) of
			 section 30B is amended by adding at the end the following new paragraph:

							(11)Transferability
				of credit
								(A)In
				generalExcept as provided in subparagraph (B), a taxpayer who
				places in service any new qualified alternative fuel motor vehicle which is
				capable of being powered by compressed or liquefied natural gas may transfer
				the credit allowed under this section by reason of subsection (e) with respect
				to such vehicle through an assignment to the manufacturer, seller or lessee of
				such vehicle. Such transfer may be revoked only with the consent of the
				Secretary.
								(B)Denial of double
				benefitNo assignment of a credit allowed under this section by
				reason of subsection (e) with respect to any new qualified alternative fuel
				motor vehicle which is capable of being powered by compressed or liquefied
				natural gas may be made under subparagraph (A) to a taxpayer who has claimed a
				credit under section 54G with respect to the financing of such vehicle.
								(C)RegulationsThe
				Secretary shall prescribe such regulations as necessary to ensure that any
				credit transferred under subparagraph (A) is claimed once and not reassigned by
				such other
				person.
								.
					(2)Infrastructure
			 creditSubsection (e) of section 30C is amended by adding at the
			 end the following new paragraph:

							(7)Transferability
				of credit
								(A)In
				generalExcept as provided in subparagraph (B), a taxpayer who
				places in service any qualified alternative fuel vehicle refueling property
				relating to compressed or liquefied natural gas may transfer the credit allowed
				under this section with respect to such property through an assignment to the
				manufacturer, seller or lessee of such property. Such transfer may be revoked
				only with the consent of the Secretary.
								(B)Denial of double
				benefitNo assignment of a credit allowed under this section by
				reason of subsection (e) with respect to any qualified alternative fuel vehicle
				refueling property relating to compressed or liquefied natural gas may be made
				under subparagraph (A) to a taxpayer who has claimed a credit under section 54G
				with respect to the financing of such property.
								(C)RegulationsThe
				Secretary shall prescribe such regulations as necessary to ensure that any
				credit transferred under subparagraph (A) is claimed once and not reassigned by
				such other
				person.
								.
					(d)Effective
			 dateThe amendments made by this section shall apply with respect
			 to property placed in service after the date of the enactment of this
			 Act.
				104.Modification of
			 credit for purchase of vehicles fueled by compressed natural gas or liquefied
			 natural gas
				(a)Increase in
			 creditParagraph (2) of
			 section 30B(e) (relating to applicable percentage) is amended to read as
			 follows:

						(2)Applicable
				percentageFor purposes of paragraph (1), the applicable
				percentage with respect to any new qualified alternative fuel motor vehicle
				is—
							(A)except as provided in subparagraphs (B) and
				(C)—
								(i)50 percent,
				plus
								(ii)30 percent, if
				such vehicle—
									(I)has received a
				certificate of conformity under the Clean Air Act and meets or exceeds the most
				stringent standard available for certification under the Clean Air Act for that
				make and model year vehicle (other than a zero emission standard), or
									(II)has received an
				order certifying the vehicle as meeting the same requirements as vehicles which
				may be sold or leased in California and meets or exceeds the most stringent
				standard available for certification under the State laws of California
				(enacted in accordance with a waiver granted under section 209(b) of the Clean
				Air Act) for that make and model year vehicle (other than a zero emission
				standard),
									(B)80 percent, in the case of dedicated
				vehicles that are only capable of operating on compressed or liquefied natural
				gas, dual-fuel vehicles that are only capable of operating on a mixture of no
				less than 90 percent compressed or liquefied natural gas, and a bi-fuel vehicle
				that is capable of operating a minimum of 85 percent of its total range on
				compressed or liquefied natural gas, and
							(C)50 percent, in the
				case of vehicles described subclause (II) or (III) of subsection (e)(4)(A)(i)
				and which are not otherwise described in subparagraph (B).
							For
				purposes of the preceding sentence, in the case of any new qualified
				alternative fuel motor vehicle which weighs more than 14,000 pounds gross
				vehicle weight rating, the most stringent standard available shall be such
				standard available for certification on the date of the enactment of the Energy
				Tax Incentives Act of
				2005..
				(b)Increased
			 incentive for natural gas vehiclesSubsection (e) of section 30B (relating to
			 new qualified alternative fuel motor vehicle credit) is amended by adding at
			 the end the following new paragraph:

						(6)Credit values
				for natural gas vehiclesIn
				the case of new qualified alternative fuel motor vehicles with respect to
				vehicles powered by compressed or liquefied natural gas, the maximum tax credit
				value shall be—
							(A)$7,500 if such vehicle has a gross vehicle
				weight rating of not more than 8,500 pounds,
							(B)$16,000 if such vehicle has a gross vehicle
				weight rating of more than 8,500 pounds but not more than 14,000 pounds,
							(C)$40,000 if such vehicle has a gross vehicle
				weight rating of more than 14,000 pounds but not more than 26,000 pounds,
				and
							(D)$64,000 if such vehicle has a gross vehicle
				weight rating of more than 26,000
				pounds.
							.
				(c)Effective
			 dateThe amendment made by this section shall apply to property
			 placed in service after the date of the enactment of this Act.
				105.Modification of
			 definition of new qualified alternative fuel motor vehicle
				(a)In
			 generalClause (i) of section 30B(e)(4)(A) (relating to
			 definition of new qualified alternative fuel motor vehicle) is amended to read
			 as follows:

						(i)which—
							(I)is a dedicated
				vehicle that is only capable of operating on an alternative fuel,
							(II)is a bi-fuel vehicle that is capable of
				operating on compressed or liquefied natural gas and gasoline or diesel fuel,
				or
							(III)is a duel-fuel
				vehicle that is capable of operating on a mixture of compressed or liquefied
				natural gas and gasoline or diesel
				fuel.
							.
				(b)Conversions and
			 repowersParagraph (4) of
			 section 30B(e) is amended by adding at the end the following new
			 subparagraph:

						(C)Conversions and
				repowers
							(i)In
				generalThe term new qualified alternative fuel motor
				vehicle includes the conversion or repower of a new or used vehicle so
				that it is capable of operating on an alternative fuel as it was not previously
				capable of operating on an alternative fuel.
							(ii)Treatment as
				newA vehicle which has been converted to operate on an
				alternative fuel shall be treated as new on the date of such conversion for
				purposes of this section.
							(iii)Rule of
				constructionIn the case of a used vehicle which is converted or
				repowered, nothing in this section shall be construed to require that the motor
				vehicle be acquired in the year the credit is claimed under this section with
				respect to such
				vehicle.
							.
				(c)Effective
			 dateThe amendments made by this section shall apply to property
			 placed in service after the date of the enactment of this Act.
				106.Providing for
			 the treatment of property purchased by Indian tribal governments
				(a)In
			 generalParagraph (6) of section 30B(h) and paragraph (2) of
			 section 30C(e) are both amended by inserting , or an Indian Tribal
			 Government after section 50(b).
				(b)Effective
			 dateThe amendments made by this section shall apply to property
			 placed in service after the date of the enactment of this Act.
				IIPromote
			 production of NGVs by Original Equipment Manufacturers
			201.Credit for
			 producing vehicles fueled by natural gas or liquified natural gas
				(a)In
			 generalSubpart D of part IV
			 of subchapter A of chapter 1 (relating to business-related credits) is amended
			 by inserting after section 45R the following new section:

						45S.Production of
				vehicles fueled by natural gas or liquified natural gas
							(a)In
				generalFor purposes of
				section 38, in the case of a taxpayer who is an original manufacturer of
				natural gas vehicles, the natural gas vehicle credit determined under this
				section for any taxable year with respect to each eligible natural gas vehicle
				produced by the taxpayer during such year is an amount equal to the lesser
				of—
								(1)10 percent of the
				manufacturer’s basis in such vehicle, or
								(2)$4,000.
								(b)Aggregate credit
				allowedThe aggregate amount of credit allowed under subsection
				(a) with respect to a taxpayer for any taxable year shall not exceed
				$200,000,000 reduced by the amount of the credit allowed under subsection (a)
				to the taxpayer (or any predecessor) for all prior taxable years.
							(c)DefinitionsFor
				the purposes of this section—
								(1)Eligible natural
				gas vehicleThe term eligible natural gas vehicle
				means a motor vehicle (as defined in section 30B(h)(1)) that is capable of
				operating on natural gas and is described in 30B(e)(4)(A).
								(2)ManufacturerThe
				term manufacturer has the meaning given such term in regulations
				prescribed by the Administrator of the Environmental Protection Agency for
				purposes of title II of the Clean Air Act (42 U.S.C. 7521 et seq.).
								(d)Special
				rulesFor purposes of this section—
								(1)In
				generalRules similar to the rules of subsections (c), (d), and
				(e) of section 52 shall apply.
								(2)Controlled
				groups
									(A)In
				generalAll persons treated
				as a single employer under subsection (a) or (b) of section 52 or subsection
				(m) or (o) of section 414 shall be treated as a single producer.
									(B)Inclusion of
				foreign corporationsFor purposes of subparagraph (A), in
				applying subsections (a) and (b) of section 52 to this section, section 1563
				shall be applied without regard to subsection (b)(2)(C) thereof.
									(C)VerificationNo
				amount shall be allowed as a credit under subsection (a) with respect to which
				the taxpayer has not submitted such information or certification as the
				Secretary, in consultation with the Secretary of Energy, determines
				necessary.
									(e)TerminationThis
				section shall not apply to any vehicle produced after December 31,
				2016.
							.
				(b)Credit To be
			 part of business creditSection 38(b) is amended by striking
			 plus at the end of paragraph (35), by striking the period at the
			 end of paragraph (36) and inserting , plus, and by adding at the
			 end the following:

						(37)the natural gas vehicle credit determined
				under section
				45R(a).
						.
				(c)Conforming
			 amendmentThe table of sections for subpart D of part IV of
			 subchapter A of chapter 1 is amended by inserting after the item relating to
			 section 45R the following new item:

							Sec. 45S. Production of vehicles fueled by
				natural gas or liquefied natural gas.

						.
				(d)Effective
			 dateThe amendments made by this section shall apply to vehicles
			 produced after December 31, 2011.
				202.Additional
			 vehicles qualifying for the advanced technology vehicles manufacturing
			 incentive program
				(a)In
			 generalNotwithstanding any
			 other provision of law, a covered vehicle (as defined in subsection (b)) shall
			 be considered an advanced technology vehicle for purposes of the advanced
			 technology vehicle incentive program established under section 136 of the
			 Energy Independence and Security Act of 2007 (42 U.S.C. 17013), and
			 manufacturers and component suppliers of such covered vehicles shall be
			 eligible for an award under such section.
				(b)DefinitionsAs used in this section—
					(1)the term
			 covered vehicle means a light-duty vehicle or a medium-duty or
			 heavy-duty truck or bus that is only capable of operating on compressed or
			 liquefied natural gas, a bi-fueled motor vehicle that is capable of achieving a
			 minimum of 85 percent of its total range with compressed or liquefied natural
			 gas, or a dual-fuel vehicle that operates on a mixture of natural gas and
			 gasoline or diesel fuel but is not capable of operating on a mixture of less
			 than 75 percent natural gas;
					(2)the term bi-fuel vehicle means
			 a vehicle that is capable of operating on compressed or liquefied natural gas
			 and gasoline or diesel fuel; and
					(3)the term
			 dual-fuel vehicle means a vehicle that is capable of operating on
			 a mixture of compressed or liquefied natural gas and gasoline or diesel
			 fuel.
					IIIIncentivize the
			 Installation of Natural Gas Fuel Pumps
			301.Extension and
			 modification of alternative fuel vehicle refueling property credit
				(a)In
			 generalSubsection (g) of
			 section 30C is amended by striking and at the end of paragraph
			 (1), by redesignating paragraph (2) as paragraph (3), and by inserting after
			 paragraph (1) the following new paragraph:

						(2)in the case of
				property relating to compressed or liquefied natural gas, after December 31,
				2016,
				and
						.
				(b)Effective
			 dateThe amendments made by subsection (a) shall apply to
			 property placed in service after the date of the enactment of this Act.
				302.Increase in
			 credit for certain alternative fuel vehicle refueling properties
				(a)In
			 generalSubsection (b) of section 30C is amended to read as
			 follows:

						(b)LimitationThe credit allowed under subsection (a)
				with respect to all qualified alternative fuel vehicle refueling property
				placed in service by the taxpayer during the taxable year at a location shall
				not exceed—
							(1)except as provided in paragraph (2),
				$30,000 in the case of a property of a character subject to an allowance for
				depreciation,
							(2)in the case of compressed natural gas
				property and liquefied natural gas property which is of a character subject to
				an allowance for depreciation, the lesser of—
								(A)50 percent of such
				cost, or
								(B)$100,000,
				and
								(3)$2,000 in any
				other
				case.
							.
				(b)Effective
			 dateThe amendment made by this section shall apply to property
			 placed in service in taxable years beginning after December 31, 2011.
				IVNatural Gas
			 Vehicles
			401.Grants for
			 natural gas vehicles research and development
				(a)Research,
			 development and demonstration programsThe Secretary shall provide funding to
			 improve the performance and efficiency and integration of natural gas powered
			 motor vehicles and heavy-duty on-road vehicles as part of any programs funded
			 pursuant to section 911 of the Energy Policy Act of 2005 (42 U.S.C. 16191) and
			 also with respect to funding for heavy-duty engines pursuant to section 754 of
			 the Energy Policy Act of 2005 (42 U.S.C. 16102).
				(b)In
			 generalThe Secretary of
			 Energy may make grants to original equipment manufacturers of light-duty and
			 heavy-duty natural gas vehicles for the development of engines that reduce
			 emissions, improve performance and efficiency, and lower cost.
				402.Sense of the
			 Congress regarding EPA certification of NGV retrofit kitsIt is the sense of the Congress that the
			 Environmental Protection Agency should streamline the process for certification
			 of natural gas vehicle retrofit kits to promote energy security while still
			 fulfilling the mission of the Clean Air Act.
			403.Sense of the
			 Congress regarding EPA and NHTSA regulation of medium- and heavy-duty engines
			 and vehiclesIt is the sense
			 of the Congress that the Environmental Protection Agency new fuel economy and
			 greenhouse gas emission regulations for medium- and heavy-duty engines and
			 vehicles should provide incentives to encourage and reward manufacturers who
			 produce natural gas powered vehicles. Such regulations should take into account
			 the petroleum reductions provided by such vehicles and also quantify all
			 greenhouse gas emission reductions provided by natural gas powered engines and
			 vehicles.
			404.Amendment to
			 section 508 of the Energy Policy Act of 1992
				(a)Repower or
			 converted alternative fueled vehicles definedSubsection (a) of
			 section 508 of the Energy Policy Act of 1992 (42 U.S.C. 13258) is amended by
			 adding at the end the following new paragraph:

						(6)Repowered or
				convertedThe term repowered or converted means
				modified with a certified engine or aftermarket system so that the vehicle is
				capable of operating on an alternative
				fuel.
						.
				(b)Allocation of
			 creditsSubsection (b) of
			 section 508 of the Energy Policy Act of 1992 (42 U.S.C. 13258) is amended by
			 adding at the end the following new paragraph:

						(3)Repowered or
				converted vehiclesNot later than January 1, 2012, the Secretary
				shall allocate credits to fleets that repower or convert an existing vehicle so
				that it is capable of operating on an alternative fuel. In the case of any
				medium-duty or heavy-duty vehicle that is repowered or converted, the Secretary
				shall allocate additional credits for such vehicles if the Secretary determines
				that such vehicles displace more petroleum than light-duty alternative fueled
				vehicles. The Secretary shall include a requirement that such vehicles remain
				in the fleet for a period of no less than 2 years in order to continue to
				qualify for credit. The Secretary also shall extend the flexibility afforded in
				this section to Federal fleets subject to the purchase provisions contained in
				section 303 of this
				Act.
						.


115 HR 4165 IH: New Economy Works to Guarantee Independence and Growth Act of 2017
U.S. House of Representatives
2017-10-27
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I115th CONGRESS1st SessionH. R. 4165IN THE HOUSE OF REPRESENTATIVESOctober 27, 2017Mr. Rice of South Carolina introduced the following bill; which was referred to the Committee on Ways and MeansA BILLTo amend the Internal Revenue Code of 1986 to provide a safe harbor for determinations of worker
			 classification, to require increased reporting, and for other purposes.

 1.Short titleThis Act may be cited as the New Economy Works to Guarantee Independence and Growth Act of 2017 or the NEW GIG Act of 2017. 2.Determination of worker classification (a)In generalChapter 79 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section:

					7706.Determination of worker classification
 (a)In generalFor purposes of this title (and notwithstanding any provision of this title not contained in this section to the contrary), if the requirements of subsections (b), (c), and (d) are met with respect to any service performed by a service provider, then with respect to such service—
 (1)the service provider shall not be treated as an employee, (2)the service recipient shall not be treated as an employer,
 (3)any payor shall not be treated as an employer, and (4)the compensation paid or received for such service shall not be treated as paid or received with respect to employment.
							(b)General service provider requirements
 (1)In generalThe requirements of this subsection are met with respect to any service if the service provider either—
 (A)meets the requirements of paragraph (2) with respect to such service, or (B)in the case of a service provider engaged in the trade or business of selling (or soliciting the sale of) goods or services, meets the requirements of paragraph (3) with respect to such service.
								(2)General requirements
 (A)In generalThe requirements of this paragraph are met with respect to any service if the service provider, in connection with performing the service—
 (i)incurs expenses— (I)which are deductible under section 162, and
 (II)a significant portion of which are not reimbursed, (ii)agrees to perform the service for a particular amount of time, to achieve a specific result, or to complete a specific task, and
 (iii)satisfies not less than one of the factors described in subparagraph (B). (B)FactorsThe factors described in this subparagraph are the following:
 (i)The service provider has a significant investment in assets or training which are applicable to the service performed.
 (ii)The service provider is not required to perform services exclusively for the service recipient or payor.
 (iii)The service provider has not been treated as an employee by the service recipient or payor during the 1-year period ending with the date of the commencement of services under the contract described in subsection (d).
 (iv)The service provider is not compensated on a basis which is tied primarily to the number of hours actually worked.
 (3)Alternative requirements with respect to sales personsIn the case of a service provider engaged in the trade or business of selling (or soliciting the sale of) goods or services, the requirements of this paragraph are met with respect to any service provided in the ordinary course of such trade or business if—
 (A)the service provider is compensated primarily on a commission basis, and (B)substantially all the compensation for such service is directly related to sales of goods or services rather than to the number of hours worked.
 (c)Place of business or own equipment requirementThe requirement of this subsection is met with respect to any service if the service provider— (1)has a principal place of business,
 (2)does not provide the service primarily in the service recipient’s place of business, (3)pays a fair market rent for use of the service recipient’s place of business, or
 (4)provides the service primarily using equipment supplied by the service provider. (d)Written contract requirementThe requirements of this subsection are met with respect to any service if such service is performed pursuant to a written contract between the service provider and the service recipient (or payor) which meets the following requirements:
 (1)The contract includes each of the following: (A)The service provider’s name, taxpayer identification number, and address.
 (B)A statement that the service provider will not be treated as an employee with respect to the services provided pursuant to the contract for purposes of this title.
 (C)A statement that the service recipient (or the payor) will withhold upon and report to the Internal Revenue Service the compensation payable pursuant to the contract consistent with the requirements of this title.
 (D)A statement that the service provider is responsible for payment of Federal, State, and local taxes, including self-employment taxes, on compensation payable pursuant to the contract.
 (E)A statement that the contract is intended to be considered a contract described in this subsection. (2)The term of the contract does not exceed 2 years. The preceding sentence shall not prevent one or more subsequent written renewals of the contract from satisfying the requirements of this subsection if the term of each such renewal does not exceed 2 years and if the information required under paragraph (1)(A) is updated in connection with each such renewal.
 (3)The contract (or renewal) is signed (which may include signatures in electronic form) by both the service recipient (or payor) and the service provider not later than the date on which the aggregate payments made by the service recipient (or payor) to the service provider exceeds $1,000 for the year covered by the contract (or renewal).
							(e)Reporting requirements
 (1)In generalFor purposes of making any determination with respect to the liability of a service recipient or payor for any tax during any taxable year with respect to a service provider, the application of this section shall be conditioned on either the service recipient or the payor satisfying the reporting requirements applicable to such service recipient or payor under section 6041(a), 6041A(a), or 6050W with respect to such service provider for such period.
 (2)Reasonable causeFor purposes of paragraph (1), such reporting requirements shall be treated as met if the failure to satisfy such requirements is due to reasonable cause and not willful neglect.
 (f)Exception for services provided by ownerThis section shall not apply with respect to any service provided by a service provider to a service recipient if the service provider owns any interest in the service recipient or any payor with respect to the service provided. The preceding sentence shall not apply in the case of a service recipient the stock of which is regularly traded on an established securities market.
						(g)Exception for personal services
 (1)In generalThis section shall not apply with respect to any service provided for the personal purposes of the service recipient.
 (2)LimitationParagraph (1) shall not apply in the case of any services provided to a service recipient who is not the payor.
 (h)Limitation on reclassification by SecretaryFor purposes of this title— (1)Effect of reclassification on service recipients and payorsA determination by the Secretary that a service recipient or a payor should have treated a service provider as an employee shall be effective with respect to the service recipient or payor no earlier than the notice date if—
 (A)the service recipient or the payor entered into a written contract with the service provider which meets the requirements of subsection (d),
 (B)the service recipient or the payor satisfied the applicable reporting requirements of section 6041(a), 6041A(a), or 6050W for all relevant taxable years with respect to the service provider,
 (C)the service recipient or the payor collected and paid over all applicable taxes imposed under subtitle C for all relevant taxable years with respect to the service provider, and
 (D)the service recipient or the payor demonstrates a reasonable basis for having determined that the service provider should not be treated as an employee under this section and that such determination was made in good faith.
 (2)Effect of reclassification on service providersA determination by the Secretary that a service provider should have been treated as an employee shall be effective with respect to the service provider no earlier than the notice date if—
 (A)the service provider entered into a written contract with the service recipient or payor which meets the requirements of subsection (d),
 (B)the service provider satisfied the applicable reporting requirements of sections 6012(a) and 6017 for all relevant taxable years with respect to the service recipient or payor, and
 (C)the service provider demonstrates a reasonable basis for determining that the service provider is not an employee under this section and that such determination was made in good faith.
 (3)Notice dateFor purposes of this subsection, the term notice date means the 30th day after the earliest of— (A)the date on which the first letter of proposed deficiency which allows the service provider, the service recipient, or the payor an opportunity for administrative review in the Internal Revenue Service Office of Appeals is sent,
 (B)the date on which a deficiency notice under section 6212 is sent, or (C)the date on which a notice of determination under section 7436(b)(2) is sent.
 (4)Reasonable cause exceptionThe requirements of paragraphs (1)(B) and (2)(B) shall be treated as met if the failure to satisfy such requirements is due to reasonable cause and not willful neglect.
 (5)No restriction on administrative or judicial reviewNothing in this subsection shall be construed as limiting any provision of law which provides an opportunity for administrative or judicial review of a determination by the Secretary.
 (i)Rule of constructionNothing in this section shall be construed as— (1)limiting the ability or right of a service provider, service recipient, or payor to apply any other provision of this title, section 530 of the Revenue Act of 1978, or any common law rules for determining whether an individual is an employee, or
 (2)establishing a prerequisite for the application of any provision of law described in paragraph (1). (j)DefinitionsFor purposes of this section—
							(1)Service provider
 (A)In generalThe term service provider means any qualified person who performs service for another person. (B)Qualified personThe term qualified person means—
 (i)any natural person, or (ii)any entity if any of the services referred to in subparagraph (A) are performed by one or more natural persons who directly own interests in such entity.
 (2)Service recipientThe term service recipient means the person for whom the service provider performs such service. (3)PayorThe term payor means—
 (A)any person, including the service recipient, who pays the service provider for performing such service, or
 (B)any third party settlement organization, as defined in section 6050W(b)(3). (k)RegulationsNotwithstanding section 530(d) of the Revenue Act of 1978, the Secretary shall issue such regulations as the Secretary determines are necessary to carry out the purposes of this section..
 (b)Withholding by payor in case of certain persons classified as not employeesSection 3402 of the Internal Revenue Code of 1986 is amended by redesignating subsection (s) as subsection (t) and inserting after subsection (r) the following new subsection:

					(s)Extension of withholding to payments to certain persons classified as not employees
 (1)In generalFor purposes of this chapter and so much of subtitle F as relates to this chapter, compensation paid pursuant to a contract described in section 7706(d) shall be treated as if it were a payment of wages by an employer to an employee.
 (2)Amount withheldExcept as otherwise provided under subsection (i), the amount to be deducted and withheld pursuant to paragraph (1) with respect to compensation paid pursuant to any such contract during any calendar year shall be an amount equal to 5 percent of so much of the amount of such compensation as does not exceed $20,000..
 (c)Direct sellers of promotional productsSubsection (b) of section 3508 is amended— (1)in paragraph (2)(A)—
 (A)in clause (ii), by striking or at the end; (B)in clause (iii), by adding or at the end; and
 (C)by inserting after clause (iii) the following new clause:  (iv)is engaged in the trade or business of selling, or soliciting the sale of, promotional products from other than a permanent retail establishment,;
 (2)by redesignating paragraph (3) as paragraph (4); and (3)by inserting after paragraph (2) the following new paragraph:

 (3)Promotional productFor purposes of paragraph (2)(A)(iv), the term promotional product means a tangible item with permanently marked promotional words, symbols, or art of the purchaser.. (d)Reporting (1)Information at sourceSection 6041 of the Internal Revenue Code of 1986 is amended—
 (A)in subsection (a)— (i)in the heading, by striking $600 and inserting $1,000; and
 (ii)by striking $600 or more in any taxable year and inserting $1,000 or more in any taxable year; and (B)by adding at the end the following new subsection:

							(h)Special rules for certain persons classified as not employees
 (1)In generalIn the case of any service recipient or payor required to make a return under subsection (a) with respect to compensation to which section 7706(a) applies—
 (A)such return shall include— (i)the aggregate amount of such compensation paid to each person whose name is required to be included on such return,
 (ii)the aggregate amount deducted and withheld under section 3402(s) with respect to such compensation, and
 (iii)an indication of whether a copy of the contract described in section 7706(d) is on file with the service recipient or payor, and
 (B)the statement required to be furnished under subsection (d) shall include the information described in subparagraph (A) with respect to the service provider to whom such statement is furnished.
 (2)DefinitionsTerms used in this subsection which are also used in section 7706 shall have the same meaning as when used in such section..
 (2)Returns regarding payments of remuneration for services and direct salesSection 6041A of such Code is amended— (A)in paragraph (2) of subsection (a), by striking $600 and inserting $1,000; and
 (B)by adding at the end the following new subsection:  (g)Special rules for certain persons classified as not employeesRules similar to the rules of subsection (h) of section 6041 shall apply for purposes of this section..
					(3)Returns relating to payments made in settlement of payment card and third party network
 transactionsSection 6050W of such Code is amended— (A)in subsection (d), by amending paragraph (3) to read as follows:

							(3)Third party network
 (A)In generalThe term third party payment network means any agreement or arrangement— (i)which involves the establishment of accounts with a central organization or marketplace platform by a substantial number of persons who—
 (I)are unrelated to such organization or platform, (II)provide goods or services, and
 (III)have agreed to settle transactions for the provision of such goods or services pursuant to such agreement or arrangement,
 (ii)which provides for standards and mechanisms for settling such transactions, and (iii)which guarantees persons providing goods or services pursuant to such agreement or arrangement that such persons will be paid for providing such goods or services.
 (B)ExceptionThe term third party payment network shall not include any agreement or arrangement which provides for the issuance of payment cards. (C)Marketplace platformFor purposes of subparagraph (A), the term marketplace platform means any person who—
 (i)operates a digital website or mobile application that facilitates the provision of goods or services by providers to recipients,
 (ii)enters into an agreement with each provider stating that such provider will not be treated as an employee with respect to such goods or services,
 (iii)provides standards and mechanisms for settling such facilitated transactions, and (iv)guarantees each provider of goods or services pursuant to such agreement that the provider will be paid for such facilitated transaction.;
 (B)by amending subsection (e) to read as follows:  (e)Exception for de minimis payments by third party settlement organizations (1)In generalA third party settlement organization shall be required to report any information under subsection (a) with respect to third party network transactions of any participating payee only if the amount which would otherwise be reported under subsection (a)(2) with respect to such transactions exceeds $1,000.
 (2)Election to reportNotwithstanding paragraph (1), a third party settlement organization may elect to report any information under subsection (a) with respect to third party network transactions of any participating payee for which the amount reported under subsection (a)(2) with respect to such transactions is equal to or less than $1,000.; and
 (C)in subsection (f)— (i)in paragraph (1), by striking and at the end;
 (ii)in paragraph (2), by striking the period at the end and inserting , and; and (iii)by inserting after paragraph (2) the following new paragraph:

 (3)the amount, if any, withheld pursuant to section 3402(s).. (e)Proceedings for determination of employment statusParagraph (1) of section 7436(b) of the Internal Revenue Code of 1986 is amended to read as follows:

 (1)PetitionerA pleading may be filed under this section only by— (A)the person for whom the services are performed, or
 (B)any service provider (as defined in section 7706(j)(1)) which the Secretary has determined should have been treated as an employee..
 (f)Clerical amendmentThe table of sections for chapter 79 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item:

						Sec. 7706. Determination of worker classification..
 (g)Effective dateThe amendments made by this section shall apply to services performed after December 31, 2017 (and to payments made for such services after such date).


114 S1154 IS: Subsistence Access Management Act of 2015
U.S. Senate
2015-04-30
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		II
		114th CONGRESS1st Session
		S. 1154
		IN THE SENATE OF THE UNITED STATES

			April 30, 2015
			Ms. Murkowski introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources

		A BILL
		To reverse the designation by the Secretary of the Interior and the Secretary of Agriculture of
			 certain communities in the State of
			 Alaska as nonrural.

		1.Short title
 This Act may be cited as the Subsistence Access Management Act of 2015.
 2.Definition of SecretariesIn this Act, the term Secretaries means the Secretary of the Interior and the Secretary of Agriculture. 3.Redesignation not authorized (a)In generalNotwithstanding any other provision of law, including any regulation, order, or policy, for purposes of administering the Federal Subsistence Management Program on public lands within the State of Alaska pursuant to the Alaska National Interest Lands Conservation Act (16 U.S.C. 3101 et seq.), with respect to a community or area designated as rural by the Secretaries by regulation effective on or before May 6, 2007, the Secretaries may not, except pursuant to Act of Congress—
 (1)redesignate the community or area as nonrural; or
 (2)adjust the boundaries of a community or area to render some or all of that community or area nonrural.
				(b)Reinstatement of list
 (1)In generalThe list of communities and areas designated rural (including the boundaries of those communities and areas) in effect on May 6, 2007, is reinstated.
 (2)EffectExcept as modified by Act of Congress, with respect to those communities and areas designated as rural, the list described in paragraph (1) shall be in effect as if the final rule entitled Subsistence Management Regulations for Public Lands in Alaska, Subpart C; Nonrural Determinations (72 Fed. Reg. 25688 (May 7, 2007)) had not been issued.
 4.EffectNothing in this Act prohibits the Secretaries from determining that, in accordance with regulations duly promulgated by the Secretaries—
 (1)a community or area designated nonrural by the Secretaries should be redesignated as rural; or
 (2)the boundaries of a community or area designated nonrural should be adjusted by the Secretaries to render some or all of that community or area rural.
			5.Publication of interim final rule, list
 (a)Publication of interim final ruleNot later than 30 days after the date of enactment of this Act, the Secretaries shall publish an interim final rule amending any regulations inconsistent with this Act.
 (b)Publication of listOnce each year after the publication under subsection (a), the Secretaries shall publish in the Federal Register a list of communities and areas (including the boundaries of those communities and areas) designated rural and nonrural in accordance with this Act.


116 S4709 IS: Promoting Responsible and Effective Virtual Experiences through Novel Technology to Deliver Improved Access and Better Engagement with Tested and Evidence-based Strategies Act
U.S. Senate
2020-09-24
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II116th CONGRESS2d SessionS. 4709IN THE SENATE OF THE UNITED STATESSeptember 24, 2020Mr. Scott of South Carolina (for himself, Mr. Warner, Mr. Cramer, Ms. Sinema, Mr. Cotton, and Ms. Smith) introduced the following bill; which was read twice and referred to the Committee on FinanceA BILLTo permit Centers for Disease Control and Prevention-recognized virtual diabetes prevention program suppliers to be included in the Medicare Diabetes Prevention Program Expanded Model conducted by the Center for Medicare and Medicaid Innovation under section 1115A of the Social Security Act (42 U.S.C. 1315a).1.Short titleThis Act may be cited as the Promoting Responsible and Effective Virtual Experiences through Novel Technology to Deliver Improved Access and Better Engagement with Tested and Evidence-based Strategies Act or the PREVENT DIABETES Act.2.Inclusion of virtual diabetes prevention program suppliers in MDPP Expanded Model(a)In generalNot later than January 1, 2021, the Secretary shall revise the regulations under part 410 and section 424.200–.518 of title 42, Code of Federal Regulations (or any successor regulations), to permit any diabetes prevention lifestyle change program, including any online or virtual diabetes prevention program, that has met the standards for full recognition by the CDC—(1)to apply to be a MDPP supplier; and(2)upon a successful application, to participate in the MDPP Expanded Model described in the final rule published in the Federal Register on November 15, 2017, entitled Medicare Program; Revisions to Payment Policies Under the Physician Fee Schedule and Other Revisions to Part B for CY 2018; Medicare Shared Savings Program Requirements; and Medicare Diabetes Prevention Program, in accordance with this section.(b)Virtual diabetes prevention program suppliersA virtual diabetes prevention program supplier participating in the MDPP Expanded Model shall be subject to the same standards as in-person MDPP suppliers participating in such program, except—(1)the administrative location of a virtual diabetes prevention program supplier shall be the address of the supplier on file under the Diabetes Prevention Recognition Program of the CDC;(2)a virtual diabetes prevention program supplier shall not be required to report a change in its administrative location except when such supplier’s address on file under the Diabetes Prevention Recognition Program has changed; and(3)a virtual diabetes prevention program supplier shall not be prohibited from submitting or receiving payment for a claim for virtual diabetes prevention program services because the beneficiary was not present in the same State or country as such supplier or service.(c)Diabetes prevention program supplier screening levelThe supplier enrollment screening level applicable to a virtual diabetes prevention program supplier shall be at a high categorical risk in accordance with section 424.518(c)(2) of title 42, Code of Federal Regulations (or any successor regulations).(d)ClarificationNotwithstanding any provision of this law, the MDPP Expanded Model, upon the inclusion of virtual diabetes prevention program suppliers, shall continue to be an expanded model under section 1115A of the Social Security Act (42 U.S.C. 1315a), unless the Secretary determines, based on performance data from the MDPP Expanded Model, that continued testing would be inconsistent with the requirements set forth in subsection (c) of such section 1115A.(e)Other testingNothing in this section shall limit the Secretary from developing and testing additional models that utilize virtual technology or deliver health care services through virtual means.(f)DefinitionsIn this section:(1)CDCThe term CDC means the Centers for Disease Control and Prevention.(2)MDPPThe term MDPP means the Medicare Diabetes Prevention Program.(3)SecretaryThe term Secretary means the Secretary of Health and Human Services.(4)Virtual diabetes prevention program supplierThe term virtual diabetes prevention program supplier means a supplier, that meets the standards for full recognition by the CDC, of diabetes prevention program services that are delivered via a synchronous or asynchronous technology or telecommunications.


117 SRES 341 IS: Commemorating the 70th anniversary of the signing of the Security Treaty among Australia, New Zealand, and the United States of America.
U.S. Senate
2021-08-07
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

III
117th CONGRESS
1st Session
S. RES. 341
IN THE SENATE OF THE UNITED STATES

August 7, 2021
Mr. Menendez (for himself, Mr. Risch, Mr. Durbin, and Mr. Blunt) submitted the following resolution; which was referred to the Committee on Foreign Relations

RESOLUTION
Commemorating the 70th anniversary of the signing of the Security Treaty among Australia, New Zealand, and the United States of America.

Whereas the United States and Australia signed the Security Treaty among Australia, New Zealand, and the United States of America (referred to in this resolution as the ANZUS Treaty) in San Francisco on September 1, 1951; Whereas the United States Senate provided advice and consent for ratification of the ANZUS Treaty on March 20, 1952, and the ANZUS Treaty entered into force on April 29, 1952;
Whereas the signing of the ANZUS Treaty formalized an alliance that began when United States and Australian forces fought together and won the Battle of Hamel on the Western Front, France on July 4, 1918, under the command of Australian General John Monash; Whereas, since 1915, the United States, Australia, and New Zealand have a longstanding history of supporting each other in the realm of defense and security, fighting alongside each other during World War I, World War II, the Korean War, the Vietnam War, and in Afghanistan and Iraq;
Whereas more than 100,000 Australian and New Zealander service members have paid the ultimate sacrifice alongside their brothers and sisters in arms from the United States; Whereas Australia is the only party to the treaty to invoke Article IV of the ANZUS Treaty, done so on September 14, 2001, in response to the terrorist attacks on the United States on September 11, 2001, in a show of stalwart support for the American people;
Whereas the Force Posture Agreement between the Government of Australia and the Government of the United States of America, done at Sydney August 12, 2014, enables closer security and defense cooperation between the two allies; Whereas the United States and Australia conduct diverse joint military exercises and training to enhance capabilities throughout the world, and Australia hosts United States Marines at its bases in the Northern Territory;
Whereas nearly 600 Australian defense personnel work alongside the United States military in 31 states and the District of Columbia; Whereas the United States and Australia continue to strengthen their mutual security interests, including through the biennial Talisman Sabre exercise, a joint bilateral military exercise most recently concluded in July 2021, which included forces from other important allies and partners, such as New Zealand;
Whereas, in 2020, Australia committed to $438,000,000,000 in defense funding over 10 years, including $206,000,000,000 to grow the Australian Defense Force’s self-reliance and to enhance its combined deterrent capabilities with the United States military; Whereas approximately 60 percent of Australia’s defense capability is sourced from the United States;
Whereas the United States and Australia work closely in a number of international fora, including the Group of Twenty; Whereas the United States and Australia address shared strategic and security concerns through the Quad, the Association of Southeast Asian Nations (ASEAN)-centered regional architecture and emerging groupings, including the East Asia Summit, the ASEAN Regional Forum, and the Trilateral Strategic Dialogue;
Whereas cooperation between the United States and Australia is vital to the security of our digital information and critical infrastructure from the malicious activities of state and non-state actors, through deep operational collaboration and policy innovation; Whereas the United States and Australia work to improve outcomes for women and girls in conflict areas and to ensure that the perspectives of women are included in peace and security efforts, through the implementation of the Women, Peace, and Security Act of 2017 (Public Law 115–68; 131 Stat. 1202) and Australia’s National Action Plan for Women, Peace, and Security of 2021;
Whereas the United States and Australia have further integrated their economies since entering into the United States-Australia Free Trade Agreement on January 1, 2005, after which 2-way investment has tripled and 2-way trade has doubled, benefitting both countries; Whereas the United States and Australia have remained steadfast partners in space for more than 60 years, including through collaboration between the Australian Space Agency and the National Aeronautics and Space Administration;
Whereas the United States and Australia have maintained strong bilateral research linkages, collaborating in key areas such as astronomical and space sciences, materials engineering, mathematics, biochemistry, psychology and medicine, with over 80,000 co-authored publications during the past 5 years; Whereas the United States and Australia share strong people-to-people linkages, with the United States providing the third largest number of tourists to Australia in 2019;
Whereas, on May 13, 2021, Secretary of State Antony Blinken reaffirmed the United States unshakeable commitment to the United States-Australia alliance as an anchor for peace, security, and stability in the Indo-Pacific for decades; Whereas New Zealand and the United States have enjoyed strong ties for decades, bolstered by shared cultural traditions, values, and common interests;
Whereas, on November 5, 2010, the United States and New Zealand signed the Wellington Declaration, which was then enhanced in 2012 by the signing of the Washington Declaration, strengthening the defense relationship by providing a framework and strategic guidance for security cooperation and defense dialogues; Whereas, in November 2016, the destroyer USS Sampson visited New Zealand at the request of the New Zealand Government, the first bilateral ship visit in more than 30 years, providing humanitarian assistance and disaster relief to affected communities in the aftermath of the 7.8-magnitude Kaikoura earthquake;
Whereas the United States, Australia’s, and New Zealand’s shared values of democracy, respect for human rights, and adherence to the rule of law provide a strong foundation for broad multilateral cooperation; Whereas the United States, Australia, and New Zealand share information essential for security and defense through the Five Eyes Intelligence Oversight and Review Council, a partnership that has expanded to include collaboration on economic and homeland security initiatives;
Whereas the United States, Australia, and New Zealand remain resolute partners in addressing environmental issues; Whereas bilateral and multilateral cooperation among the United States, Australia, and New Zealand has evolved to meet contemporary challenges, including global health security and pandemic preparedness and response, supply chain resilience, environmental and climate-related challenges, and the development, promotion and protection of emerging technologies;
Whereas the United States, Australia, and New Zealand are committed to free and fair trade and the international rules-based trading system by working in collaboration through various mechanisms, including bilateral trade and investment agreements, the World Trade Organization, and the Asia-Pacific Economic Cooperation, and by continuing to address future challenges such as digital trade; Whereas the United States, Australia, and New Zealand have worked together within the Global Coalition to Defeat ISIS to counter terrorism, restore regional stability and combat the spread of violent extremist ideology;
Whereas the United States, Australia, and New Zealand strive for a free, open, prosperous, and secure Indo-Pacific, unimpeded by economic coercion; Whereas, on April 22, 2021, Secretary Blinken stated, Since 1915, U.S., Australian, and New Zealand service members have served alongside one another in many global conflicts. Through our strong and deep interpersonal ties, the partnership between our nations continues to grow each year along with the realization that the kinship our armed forces share is more important than ever in helping ensuring a free, open, and inclusive Indo-Pacific.; and
Whereas September 1, 2021, marks 70 years since the signing of the ANZUS Treaty: Now, therefore, be it  That the Senate—
(1)commemorates the 70th anniversary of the signing of the ANZUS Treaty; (2)recognizes the value of the longstanding security commitments between the United States and Australia, and reaffirms the United States commitments under the ANZUS Treaty;
(3)supports new opportunities to deepen and broaden military and security relations among the United States, Australia, and New Zealand;  (4)supports continued diplomatic, security, and scientific cooperation among the United States, Australia, and New Zealand to advance a free and open Indo-Pacific region; and
(5)supports new opportunities to deepen and broaden economic ties among the United States, Australia, and New Zealand to boost our respective competitiveness and to respond to attempts at economic coercion through mutual action and building resilience in the Indo-Pacific region.


		II
		111th CONGRESS
		1st Session
		S. 1424
		IN THE SENATE OF THE UNITED STATES

			July 9, 2009
			Mrs. Boxer (for herself,
			 Ms. Stabenow, and
			 Mr. Levin) introduced the following bill;
			 which was read twice and referred to the Committee on the Judiciary

		A BILL
		To amend the Omnibus Crime Control and Safe Streets Act
		  of 1968 to provide for grants to increase the number of law enforcement
		  officers on the streets by 5 to 10 percent in areas with high incidences of
		  violent crime.

		1.Short titleThis Act may be cited as the
			 Enhanced Violent Crime Community
			 Policing Act of 2009.
		2.FindingsCongress finds the following:
			(1)According to the
			 U.S. Department of Justice, from Fiscal Year 1995 to Fiscal Year 2000, the COPS
			 program funded 105,000 police officers.
			(2)According to the
			 Government Accountability Office, the COPS program has contributed to a 2.5
			 percent decline in the violent crime rate between 1999 and 2000.
			(3)According to
			 University of Chicago economist Steven Levitt, each 10 percent increase in the
			 size of a police force reduces violent crime by 4 percent and property crime by
			 5 percent.
			(4)A
			 study by University of Maryland economists William Evans and Emily Owens
			 suggests that a 2 percent increase in police officers put on the streets
			 through the COPS program led to a 2 percent decline in violent crime.
			(5)Economists David
			 Anderson of Centre College and Mark Cohen of Vanderbilt University suggest that
			 the total cost of crime in the United States is approximately $2,000,000,000,
			 annually, and that each additional dollar provided to the COPS program may
			 generate $4.00 to $8.50 in savings to the Nation by reducing crimes committed
			 and the overall cost of crime.
			(6)According to the
			 U.S. Department of Justice Census of State and Local Law Enforcement Agencies,
			 20 of the Nation’s 50 largest local police departments saw a decline in sworn
			 law enforcement personnel from 2000 to 2004.
			(7)Following a 10-year
			 decline in the violent crime rate, Federal Bureau of Investigation’s statistics
			 indicate that violent crime increased in 2004, 2005, and 2006.
			(8)In recent months,
			 incidences of violent crime, gang violence, violence against police officers,
			 and homicides have risen in many of the metropolitan areas in the United
			 States, including the following:
				(A)On March 21, 2009,
			 four Oakland, California, police officers were shot and killed during a traffic
			 stop and the subsequent pursuit of the suspect.
				(B)On April 4, 2009,
			 three Pittsburgh, Pennsylvania, police officers were killed responding to a
			 domestic dispute.
				(C)On April 3, 2009,
			 a Binghamton, New York, man killed himself and 13 others at a local civic
			 association building.
				3.Enhanced violent
			 crime community policySection
			 1701 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.
			 3796dd) is amended—
			(1)in subsection (b),
			 by inserting after paragraph (4) the following new paragraph:

					(5)hire and train new
				career law enforcement officers for deployment in areas and communities with
				high incidences of violent crime, in accordance with subsection
				(j).
					;
				and
			(2)by amending
			 subsection (c) to read as follows:

					(c)Priority and
				preferential considerationIn
				awarding grants under this part, the Attorney General—
						(1)may give preferential consideration to
				applications for hiring and training new career law enforcement officers for
				deployment in areas and communities with high incidences of violent crime, as
				authorized by paragraph (5) of subsection (b) and in accordance with subsection
				(j); and
						(2)may give
				preferential consideration, where feasible, to applications for hiring and
				rehiring additional career law enforcement officers that involve a non-Federal
				contribution exceeding the 25 percent minimum under subsection
				(g).
						;
				and
			(3)by adding at the
			 end the following new subsection:

					(j)Enhanced violent
				crime community policing grants
						(1)In
				generalThe Attorney General
				shall, subject to the availability of appropriations to carry out this
				subsection, make grants, as authorized under subsection (b)(5) and in
				accordance with this subsection, to hire and train new career law enforcement
				officers for deployment in areas and communities with high incidences of
				violent crime to enhance community policing in such areas.
						(2)Eligible
				entitiesNotwithstanding subsection (a), grants awarded under
				this subsection shall be awarded only to units of local government.
						(3)Grant
				designationsThe Attorney General shall award grants under this
				subsection to—
							(A)the 5 units of
				local government with a population over 350,000 residents with the highest
				violent crime rate per capita as listed by the 2007 Federal Bureau of
				Investigation Crime in the United States report; and
							(B)15 additional
				units of local government determined by the Attorney General to have the
				greatest need for such a grant, based on—
								(i)per capita violent
				crime rate;
								(ii)gang
				population;
								(iii)drug trafficking
				rate;
								(iv)high school
				drop-out rate;
								(v)unemployment
				rate;
								(vi)poverty
				rate;
								(vii)population;
				and
								(viii)any other
				criteria determined by the Attorney General.
								(4)Grant
				amount
							(A)Maximum and
				minimum amountThe grant amount awarded to an grantee under this
				subsection for the grant period shall be—
								(i)not more than is
				necessary to increase the size of the grantee’s sworn police force, as of the
				date the grantee submitted the application for a grant under this subsection,
				by 10 percent; and
								(ii)not less than is necessary to increase the
				size of the grantee’s sworn police force, as of the date the grantee submitted
				the application for a grant under this subsection, by 5 percent.
								(B)Ratable
				reductionIf funds appropriated in a fiscal year to carry out
				this subsection are not sufficient to fully fund the minimum grant amount
				determined under
				subparagraph (A) for each grantee, the
				Attorney General shall reduce the amount of the grant to each grantee by a
				proportionate share.
							(5)Inapplicable
				provisionsThe following provisions of this part shall not apply
				to grants awarded under this subsection:
							(A)Subsection (g) of
				this section (relating to matching funds).
							(B)Subsection (i) of
				this section (relating to termination of grants for hiring officers).
							(C)Subsection (c) of
				section 1704 (relating to hiring
				costs).
							.


115 SCON 7 IS: Expressing the sense of Congress that tax-exempt fraternal benefit societies have historically provided and continue to provide critical benefits to the people and communities of the United States.
U.S. Senate
2017-03-02
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

III115th CONGRESS1st SessionS. CON. RES. 7IN THE SENATE OF THE UNITED STATESMarch 2, 2017Mr. Roberts (for himself, Ms. Stabenow, Mr. Crapo, Mr. Cardin, and Ms. Klobuchar) submitted the following concurrent resolution; which was referred to the Committee on FinanceCONCURRENT RESOLUTIONExpressing the sense of Congress that tax-exempt fraternal benefit societies have historically
			 provided and continue to provide critical benefits to the people and
			 communities of the United States.

 Whereas the fraternal benefit societies of the United States are long-standing mutual aid organizations created more than a century ago to serve the needs of communities and provide for the payment of life, health, accident, and other benefits to their members;
 Whereas fraternal benefit societies represent a successful, modern-day model under which individuals come together with a common purpose to collectively provide charitable and other beneficial activities for society;
 Whereas fraternal benefit societies operate under a chapter system, creating a nationwide infrastructure, combined with local energy and knowledge, which positions fraternal benefit societies to most efficiently address unmet needs in communities, many of which the government cannot address;
 Whereas the fraternal benefit society model represents one of the largest member-volunteer networks in the United States, with close to 8,000,000 people of the United States belonging to nearly 25,000 local chapters across the country;
 Whereas research has shown that the value of the work of fraternal benefit societies to society is more than $3,800,000,000 per year, accounting for charitable giving, educational programs, and volunteer activities, as well as important social capital that strengthens the fabric, safety, and quality of life in thousands of local communities in the United States;
 Whereas, in 1909, Congress recognized the value of fraternal benefit societies and exempted those organizations from taxation, as later codified in section 501(c)(8) of the Internal Revenue Code of 1986;
 Whereas fraternal benefit societies have adapted since 1909 to better serve the evolving needs of their members and the public;
 Whereas the efforts of fraternal benefit societies to help people of the United States save money and be financially secure relieves pressure on government safety net programs; and
 Whereas Congress recognizes that fraternal benefit societies have served their original purpose for over a century, helping countless individuals, families, and communities through their fraternal member activities: Now, therefore, be it

 That it is the sense of Congress that— (1)the fraternal benefit society model is a successful private sector economic and social support system that helps meet needs that would otherwise go unmet;
 (2)the provision of payment for life, health, accident, or other benefits to the members of fraternal benefit societies in accordance with section 501(c)(8) of the Internal Revenue Code of 1986 is necessary to support the charitable and fraternal activities of the volunteer chapters within the communities of fraternal benefit societies;
 (3)fraternal benefit societies have adapted since 1909 to better serve their members and the public; and
 (4)the exemption from taxation under section 501(a) of the Internal Revenue Code of 1986 of fraternal benefit societies continues to generate significant returns to the United States, and the work of fraternal benefit societies should continue to be promoted.