American Family Economic Protection Act of 2013 - Title I: Budget Provisions - Amends the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) to revise discretionary spending limits (spending caps) for security and nonsecurity categories in new budget authority for FY2013.
Establishes discretionary spending limits for revised security and nonsecurity categories for FY2014-FY2021.
Defines "revised security category" as discretionary appropriations in budget function 050 (defense function).
Repeals certain sequestration requirements for enforcement of a specified budget goal.
Decreases the mandatory total amount of deficit reduction calculated for FY2013 by $109.333 billion and for FY2014 by $25.500 billion.
Amends the American Taxpayer Relief Act of 2012 (ATRA) to postpone until January 2, 2014, for FY2014 the sequestration required starting March 1, 2012, for FY2013 under the Budget Control Act of 2011 if certain circumstances prevail. Repeals the ATRA treatment of sequester.
Makes conforming amendments to the Gramm-Rudman-Hollings Act.
Title II: Agricultural Programs - Amends the American Taxpayer Relief Act of 2012 to provide that payment acres for direct and counter-cyclical assistance shall be 0% of the base acres for crop year 2013 covered commodities and peanuts.
Extends the existing conservation stewardship program acreage enrollment requirement for FY2013.
Makes Commodity Credit Corporation (CCC) funds available for FY2013 for: (1) the voluntary public access and habitat incentive program, and (2) the desert terminal lakes program.
Amends the Food and Nutrition Act of 2008 to increase FY2013 amounts available for supplemental nutrition assistance program (SNAP, formerly the food stamp program) employment and training.
Makes CCC funds available for FY2013 for: (1) the organic agriculture research and extension initiative; (2) the specialty crop research initiative; (3) the beginning farmer and rancher development program; (4) the biobased markets program; (5) biorefinery assistance; (6) the bioenergy program for advanced biofuels; (7) the biodiesel fuel education program; (8) the Rural Energy for America Program; (9) biomass research and development; (10) the biomass crop assistance program; (11) the farmers' market promotion program; (12) the national clean plant network; (13) the national organic certification cost-share program, (14) organic production and market data initiatives; (15) outreach and assistance for socially disadvantaged farmers and ranchers; (16) the rural microentrepreneur assistance program; (17) livestock indemnity payments; (18) the livestock forage disaster program; (19) emergency assistance for livestock, honey bees, and farm-raised fish; and (20) the tree assistance program.
Authorizes FY2013 appropriations for: (1) the rural microentrepreneur assistance program, and (2) value-added agricultural product market development grants.
Amends the Federal Crop Insurance Act to reduce supplemental agricultural disaster assistance payment amounts.
Amends the Federal Agriculture Improvement and Reform Act of 1996 to authorize the Secretary to provide coverages based on individual yields (other than for value-loss crops) under the noninsured crop disaster assistance program equivalent to: (1) catastrophic risk protection, or (2) specified additional coverage.
Makes ferns and tropical fish ineligible for program participation.
Increases program service fees.Makes additional program coverage available at 50% to 65% of established yield and 100% of average market price.
Reduces the premium for additional coverage by 50% for limited resource, beginning, and socially disadvantaged farmers.
Makes assistance available as soon as possible to producers with 2012 fruit crop losses in counties declared a disaster due to freeze or frost.
Amends the Balanced Budget and Emergency Deficit Control Act of 1985 to exempt from sequestration: (1) programs and activities of CCC and the Federal Crop Insurance Corporation, (2) agricultural programs and activities carried out under the Act of August 24, 1935, and (3) all other Department of Agriculture (USDA) direct spending accounts.
Title III: Revenue Provisions - Amends the Internal Revenue Code to require an individual taxpayer whose adjusted gross income exceeds $1 million to pay a minimum income tax rate of 30% of the excess of the taxpayer's adjusted gross income over the taxpayer's modified charitable contribution deduction for the taxable year (tentative fair share tax). Establishes the amount of such tax as the excess (if any) of the tentative fair share tax over the excess of: (1) the sum of the taxpayer's regular tax liability, the alternative minimum tax (AMT) amount, and the payroll tax for the taxable year; over (2) certain tax credits. Requires an inflation adjustment to the $1 million income threshold for taxable years beginning after 2013.
Denies a tax deduction for specified outsourcing expenses. Defines "specified outsourcing expense" to mean business-related expenses and fees incurred in connection with the elimination of any business unit of the taxpayer located within the United States and the establishment of such business unit outside the United States.
Expands the definition of "crude oil" for purposes of the excise tax on crude oil and petroleum products to include crude oil condensates, natural gasoline, any bitumen or bituminous mixture, and any oil derived from a bitumen or bituminous mixture. Modifies the definition of "domestic crude oil" to mean any crude oil produced in the United States (currently, any crude oil produced from a well located in the United States).
[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 388 Placed on Calendar Senate (PCS)]
Calendar No. 18
113th CONGRESS
1st Session
S. 388
To appropriately limit sequestration, to eliminate tax loopholes, and
for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 26, 2013
Mr. Reid (for Ms. Mikulski (for herself, Mrs. Murray, and Mr. Reid))
introduced the following bill; which was read twice and placed on the
calendar pursuant to the order of February 14, 2013
_______________________________________________________________________
A BILL
To appropriately limit sequestration, to eliminate tax loopholes, and
for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``American Family Economic Protection
Act of 2013''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
TITLE I--BUDGET PROVISIONS
Sec. 101. Adjustments to discretionary spending limits.
Sec. 102. Treatment of sequester.
Sec. 103. Budgetary effects.
TITLE II--AGRICULTURAL PROGRAMS
Sec. 201. Extension of agricultural programs.
Sec. 202. Supplemental agricultural disaster assistance programs.
Sec. 203. Noninsured crop assistance program.
Sec. 204. Exemption of agriculture, nutrition, and forestry from BCA
sequestration.
Sec. 205. Effective date.
TITLE III--REVENUE PROVISIONS
Sec. 301. Reference.
Sec. 302. Fair share tax on high-income taxpayers.
Sec. 303. Denial of deduction for outsourcing expenses.
Sec. 304. Modifications to the tax on petroleum.
TITLE I--BUDGET PROVISIONS
SEC. 101. ADJUSTMENTS TO DISCRETIONARY SPENDING LIMITS.
(a) In General.--Section 251(c) of the Balanced Budget and
Emergency Deficit Control Act of 1985 (2 U.S.C. 901(c)) is amended by
striking paragraphs (2) through (10) and inserting the following:
``(2) For fiscal year 2013--
``(A) for the security category, $684,000,000,000
in new budget authority; and
``(B) for the nonsecurity category,
$359,000,000,000 in new budget authority;
``(3) for fiscal year 2014--
``(A) for the revised security category,
$552,000,000,000 in new budget authority; and
``(B) for the revised nonsecurity category,
$506,000,000,000 in new budget authority;
``(4) for fiscal year 2015--
``(A) for the revised security category,
$563,040,000,000 in new budget authority; and
``(B) for the revised nonsecurity category,
$520,000,000,000 in new budget authority;
``(5) for fiscal year 2016--
``(A) for the revised security category,
$574,301,000,000 in new budget authority; and
``(B) for the revised nonsecurity category,
$530,000,000,000 in new budget authority;
``(6) for fiscal year 2017--
``(A) for the revised security category,
$586,361,000,000 in new budget authority; and
``(B) for the revised nonsecurity category,
$541,000,000,000 in new budget authority;
``(7) for fiscal year 2018--
``(A) for the revised security category,
$598,675,000,000 in new budget authority; and
``(B) for the revised nonsecurity category,
$553,000,000,000 in new budget authority;
``(8) for fiscal year 2019--
``(A) for the revised security category,
$611,846,000,000 in new budget authority; and
``(B) for the revised nonsecurity category,
$566,000,000,000 in new budget authority;
``(9) for fiscal year 2020--
``(A) for the revised security category,
$625,306,000,000 in new budget authority; and
``(B) for the revised nonsecurity category,
$578,000,000,000 in new budget authority; and
``(10) for fiscal year 2021--
``(A) for the revised security category,
$638,972,000,000 in new budget authority; and
``(B) for the revised nonsecurity category,
$590,000,000,000 in new budget authority;''.
(b) Technical and Conforming Amendments.--Part C of title II of the
Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 900
et seq.) is amended--
(1) in section 250(c)(4) (2 U.S.C. 900(c)(4)), by adding at
the end the following:
``(D) The term `revised security category' means
discretionary appropriations in budget function 050.
``(E) The term `revised nonsecurity category' means
discretionary appropriations other than in budget function
050.''; and
(2) in section 251A (2 U.S.C. 901A)--
(A) by striking the matter preceding paragraph (1)
and inserting the following: ``The discretionary
spending caps under section 251(c) shall be applied in
accordance with this section as follows:'';
(B) by striking paragraphs (1) and (2);
(C) by redesignating paragraphs (3) through (11) as
paragraphs (1) through (9), respectively;
(D) in paragraph (2), as redesignated, by striking
``paragraph (3)'' and inserting ``paragraph (1)'';
(E) in paragraph (3), as redesignated, by striking
``paragraph (4)'' each place it appears and inserting
``paragraph (2)'';
(F) in paragraph (4), as redesignated, by striking
``paragraph (4)'' each place it appears and inserting
``paragraph (2)'';
(G) in paragraph (5), as redesignated--
(i) by striking ``paragraph (5)'' each
place it appears and inserting ``paragraph
(3)''; and
(ii) by striking ``paragraph (6)'' each
place it appears and inserting ``paragraph
(4)'';
(H) in paragraph (6), as redesignated--
(i) by striking ``paragraph (4)'' and
inserting ``paragraph (2)''; and
(ii) by striking ``paragraphs (5) and (6)''
and inserting ``paragraphs (3) and (4)'';
(I) in paragraph (7), as redesignated--
(i) by striking ``paragraph (8)'' and
inserting ``paragraph (6)''; and
(ii) by striking ``paragraph (6)'' each
place it appears and inserting ``paragraph
(4)''; and
(J) in paragraph (9), as redesignated, by striking
``paragraph (4)'' and inserting ``paragraph (2)''.
SEC. 102. TREATMENT OF SEQUESTER.
(a) Adjustment.--Section 251A(1) of the Balanced Budget and
Emergency Deficit Control Act of 1985 (2 U.S.C. 901a(1)), as
redesignated by section 101 of this Act, is amended--
(1) in subparagraph (D), by striking ``and'' at the end;
(2) in subparagraph (E)--
(A) by striking ``$24,000,000,000'' and inserting
``$109,333,000,000''; and
(B) by striking the period at the end and inserting
``; and''; and
(C) by adding at the end the following:
``(F) for fiscal year 2014, reducing the amount
calculated under subparagraphs (A) through (D) by
$25,500,000,000.''.
(b) Postponement of Budget Control Act Sequester for Calendar Year
2013.--
(1) Repeal.--Section 901(e) of the American Taxpayer Relief
Act of 2012 (Public Law 112-240) is repealed.
(2) BBEDCA.--Section 251A of the Balanced Budget and
Emergency Deficit Control Act (2 U.S.C. 901a) is amended--
(A) in paragraph (2), as redesignated by section
101 of this Act, by striking ``On March 1, 2013, for
fiscal year 2013, and in its sequestration preview
report for fiscal years 2014'' and inserting ``On
January 2, 2014, for fiscal year 2014, and in its
sequestration preview report for fiscal years 2015'';
(B) in paragraph (3), as redesignated by section
101 of this Act, by striking ``2013'' and inserting
``2014'';
(C) in paragraph (4), as redesignated by section
101 of this Act, by striking ``2013'' and inserting
``2014''; and
(D) in paragraph (5), as redesignated by section
101 of this Act--
(i) in subparagraph (A), by striking
``Fiscal year 2013.--On March 1, 2013, for
fiscal year 2013'' and inserting ``Fiscal year
2014.--On January 2, 2014, for fiscal year
2014''; and
(ii) in subparagraph (B)--
(I) by striking ``Fiscal years
2014-2021'' and inserting ``Fiscal
years 2015-2021''; and
(II) by striking ``2014'' each
place it appears and inserting
``2015''.
SEC. 103. BUDGETARY EFFECTS.
(a) PAYGO Scorecard.--The budgetary effects of this Act shall not
be entered on either PAYGO scorecard maintained pursuant to section
4(d) of the Statutory Pay-As-You-Go Act of 2010 (2 U.S.C. 933(d)).
(b) Senate PAYGO Scorecard.--The budgetary effects of this Act
shall not be entered on any PAYGO scorecard maintained for purposes of
section 201 of S. Con. Res. 21 (110th Congress).
TITLE II--AGRICULTURAL PROGRAMS
SEC. 201. EXTENSION OF AGRICULTURAL PROGRAMS.
(a) Commodity Programs.--Section 701(b) of the American Taxpayer
Relief Act of 2012 (Public Law 112-240; 126 Stat. 2362) is amended--
(1) by striking ``(1) In general.--The terms'' and
inserting the following:
``(1) Covered and loan commodities.--
``(A) In general.--Except as provided in
subparagraph (B), the terms''; and
(2) by adding at the end the following:
``(B) Payment acres.--Notwithstanding any other
provision of law, in the case of direct payments for
the 2013 crop year, the payment acres in section
1001(11) and section 1301(5) of the Food, Conservation,
and Energy Act of 2008 (7 U.S.C. 8702(11), 8751(5))
shall be 0 percent of the base acres for the covered
commodities and peanuts on a farm on which direct
payments are made.''.
(b) Conservation Programs.--
(1) Conservation stewardship program.--Notwithstanding
section 726 of the Consolidated and Further Continuing
Appropriations Act, 2012 (Public Law 112-55; 125 Stat. 584) and
section 101(a)(1) of the Continuing Appropriations Resolution,
2013 (Public Law 112-175; 126 Stat. 1313), the acreage
enrollment requirement in section 1238G(d)(1) of the Food
Security Act of 1985 (16 U.S.C. 3838g(d)(1)) shall apply for
fiscal year 2013.
(2) Voluntary public access.--Section 1240R(f)(1) of the
Food Security Act of 1985 (16 U.S.C. 3839bb-5) is amended--
(A) in the heading, by striking ``Fiscal years 2009
through 2012'' and inserting ``Mandatory funding''; and
(B) by inserting ``, and $5,000,000 for fiscal year
2013'' before the period at the end.
(3) Desert terminal lakes.--Section 2507 of the Farm
Security and Rural Investment Act of 2002 (43 U.S.C. 2211 note;
Public Law 107-171) is amended by adding at the end the
following:
``(c) Mandatory Funding.--Of the funds of the Commodity Credit
Corporation, the Secretary of Agriculture shall use to carry out this
section $35,000,000 for fiscal year 2013, to remain available until
expended.''.
(c) Supplemental Nutrition Assistance Program.--
(1) Employment and training program.--Section 16(h)(1)(A)
of the Food and Nutrition Act of 2008 (7 U.S.C. 2025(h)(1)(A))
is amended by striking ``, except that for fiscal year 2013,
the amount shall be $79,000,000''.
(2) Nutrition education.--Section 28(d)(1) of the Food and
Nutrition Act of 2008 (7 U.S.C. 2036a(d)(1)) is amended--
(A) in subparagraph (A), by adding ``and'' after
the semicolon at the end; and
(B) by striking subparagraphs (B) through (F) and
inserting the following:
``(B) for fiscal year 2012 and each subsequent
fiscal year, the applicable amount during the preceding
fiscal year, as adjusted to reflect any increases for
the 12-month period ending the preceding June 30 in the
Consumer Price Index for All Urban Consumers published
by the Bureau of Labor Statistics of the Department of
Labor.''.
(d) Research Programs.--
(1) Organic agriculture research and extension
initiative.--Section 1672B(f) of the Food, Agriculture,
Conservation, and Trade Act of 1990 (7 U.S.C. 5925b(f)) is
amended--
(A) in paragraph (1)--
(i) in the heading, by striking ``for
fiscal years 2009 through 2012''; and
(ii) in subparagraph (B), by striking
``2012'' and inserting ``2013'';
(B) in paragraph (2)--
(i) in the heading, by striking ``for
fiscal years 2009 through 2012''; and
(ii) by striking ``2012'' and inserting
``2013''; and
(C) by striking paragraph (3).
(2) Specialty crop research initiative.--Section 412(h) of
the Agricultural Research, Extension, and Education Reform Act
of 1998 (7 U.S.C. 7632(h)) is amended--
(A) in paragraph (1)--
(i) in the heading, by striking ``for
fiscal years 2008 through 2012''; and
(ii) by striking ``2012'' and inserting
``2013'';
(B) in paragraph (2)--
(i) in the heading, by striking ``for
fiscal years 2008 through 2012''; and
(ii) by striking ``2012'' and inserting
``2013'';
(C) by striking paragraph (3); and
(D) by redesignating paragraphs (4) and (5) as
paragraphs (3) and (4), respectively.
(3) Beginning farmer and rancher development program.--
Section 7405(h) of the Farm Security and Rural Investment Act
of 2002 (7 U.S.C. 3319f(h)) is amended--
(A) in paragraph (1)--
(i) in the heading, by striking ``for
fiscal years 2009 through 2012''; and
(ii) in subparagraph (B), by striking
``2012'' and inserting ``2013'';
(B) in paragraph (2)--
(i) in the heading, by striking ``for
fiscal years 2008 through 2012''; and
(ii) by striking ``2012'' and inserting
``2013''; and
(C) by striking paragraph (3).
(e) Energy Programs.--
(1) Biobased markets program.--Section 9002(h)(1)(B) of the
Farm Security and Rural Investment Act of 2002 (7 U.S.C.
8102(h)(1)(B)) is amended by striking ``2012'' and inserting
``2013''.
(2) Biorefinery assistance.--Section 9003(h)(1) of the Farm
Security and Rural Investment Act of 2002 (7 U.S.C. 8103(h)(1))
is amended--
(A) in subparagraph (A), by striking ``and'' at the
end;
(B) in subparagraph (B), by striking the period at
the end and inserting ``; and''; and
(C) by adding at the end the following:
``(C) $100,000,000 for fiscal year 2013.''.
(3) Bioenergy program for advanced biofuels.--Section
9005(g)(1) of the Farm Security and Rural Investment Act of
2002 (7 U.S.C. 8105(g)(1)) is amended--
(A) in subparagraph (C), by striking ``and'' at the
end;
(B) in subparagraph (D), by striking the period at
the end and inserting ``; and''; and
(C) by adding at the end the following:
``(E) $55,000,000 for fiscal year 2013.''.
(4) Biodiesel fuel education program.--Section 9006(d)(1)
of the Farm Security and Rural Investment Act of 2002 (7 U.S.C.
8106(d)(1)) is amended--
(A) in the heading, by striking ``Fiscal years 2009
through 2012.--'' and inserting ``Mandatory funding.--
''; and
(B) by striking ``2012'' and inserting ``2013.''
(5) Rural energy for america program.--Section 9007(g)(1)
of the Farm Security and Rural Investment Act of 2002 (7 U.S.C.
8107(g)(1)) is amended--
(A) in subparagraph (C), by striking ``and'' at the
end;
(B) in subparagraph (D), by striking the period at
the end and inserting ``; and''; and
(C) by adding at the end the following:
``(E) $51,000,000 for fiscal year 2013.''.
(6) Biomass research and development.--Section 9008(h)(1)
of the Farm Security and Rural Investment Act of 2002 (7 U.S.C.
8108(h)(1)) is amended--
(A) in subparagraph (C), by striking ``and'' at the
end;
(B) in subparagraph (D), by striking the period at
the end and inserting ``; and''; and
(C) by adding at the end the following:
``(E) $33,600,000 for fiscal year 2013.''.
(7) Biomass crop assistance program.--Section 9011(f)(1) of
the Farm Security and Rural Investment Act of 2002 (7 U.S.C.
8111(f)) is amended--
(A) in the heading, by striking ``Fiscal years 2008
through 2012'' and inserting ``Mandatory funding''; and
(B) by inserting ``, and not more than $38,600,000
for fiscal year 2013'' after ``2012''.
(f) Horticulture and Organic Agriculture Programs.--
(1) Farmers market promotion program.--Section 6(e)(1) of
the Farmer-to-Consumer Direct Marketing Act of 1976 (7 U.S.C.
3005(e)(1)) is amended--
(A) in the heading, by striking ``Fiscal years 2008
through 2012.--'' and inserting ``Mandatory funding.--
''; and
(B) subparagraph (C), by striking ``and 2012'' and
inserting ``through 2013''.
(2) National clean plant network.--Section 10202(e)(1) of
the Food, Conservation, and Energy Act of 2008 (7 U.S.C.
7761(e)(1)) is amended--
(A) in the heading, by striking ``Fiscal years 2009
through 2012.--'' and inserting ``Mandatory funding.--
''; and
(B) by striking ``2012'' and inserting ``2013''.
(3) National organic certification cost-share program.--
Section 10606(d)(1) of the Farm Security and Rural Investment
Act of 2002 (7 U.S.C. 6523(d)(1)) is amended by--
(A) in the heading, by striking ``for fiscal years
2008 through 2012''; and
(B) by inserting ``, and $5,000,000 for fiscal year
2013'' after ``2012''.
(4) Organic production and market data initiatives.--
Section 7407(d) of the Farm Security and Rural Investment Act
of 2002 (7 U.S.C. 5925c(d)) is amended by striking paragraph
(1) and inserting the following:
``(1) Mandatory funding.--Of the funds of the Commodity
Credit Corporation, the Secretary shall use to carry out this
section, to remain available until expended--
``(A) $5,000,000 for each fiscal year through
fiscal year 2012; and
``(B) $1,000,000 for fiscal year 2013.''.
(g) Outreach and Assistance for Socially Disadvantaged Farmers and
Ranchers.--Section 2501(a)(4)(A) of the Food, Agriculture,
Conservation, and Trade Act of 1990 (7 U.S.C. 2279(a)(4)(A)) is
amended--
(1) in the heading, by striking ``Fiscal years 2009 through
2012.--'' and inserting ``Mandatory funding.--'';
(2) in clause (i), by striking ``and'' at the end;
(3) in clause (ii), by striking the period at the end and
inserting ``; and''; and
(4) by adding at the end the following:
``(iii) $15,000,000 for fiscal year
2013.''.
(h) Rural Development.--
(1) Rural microentrepreneur assistance program.--Section
379E(d) of the Consolidated Farm and Rural Development Act (7
U.S.C. 2008s(d)) is amended--
(A) in paragraph (1)(B), by striking ``fiscal year
2012'' and inserting ``for each of fiscal years 2012
and 2013''; and
(B) in paragraph (2), by striking ``2012'' and
inserting ``2013''.
(2) Value-added agricultural product market development
grants.--Section 231(b)(7) of the Agricultural Risk Protection
Act of 2000 (7 U.S.C. 1632a(b)(7)) is amended--
(A) by striking subparagraph (A) and inserting the
following:
``(A) Mandatory funding.--Of the funds of the
Commodity Credit Corporation, the Secretary shall make
available to carry out this subsection, to remain
available until expended--
``(i) on October 1, 2008, $15,000,000; and
``(ii) on October 1, 2012, $3,000,000.'';
and
(B) in subparagraph (B), by striking ``2012'' and
inserting ``2013''.
SEC. 202. SUPPLEMENTAL AGRICULTURAL DISASTER ASSISTANCE PROGRAMS.
(a) In General.--Section 531 of the Federal Crop Insurance Act (7
U.S.C. 1531) is amended--
(1) in subsection (b)--
(A) in paragraph (1)(A), by striking ``The
Secretary shall use such sums as are necessary from the
Trust Fund'' and inserting ``Of the funds of the
Commodity Credit Corporation, the Secretary shall use
such sums as are necessary for fiscal year 2012'';
(B) in paragraph (2)(A), in the matter preceding
clause (i), by striking ``60 percent'' and inserting
``52 percent''; and
(C) in paragraph (4)(A)(ii), by striking ``15
percent'' and inserting ``100 percent'';
(2) in subsection (c), by adding at the end the following:
``(4) Mandatory funding.--Of the funds of the Commodity
Credit Corporation, the Secretary shall use such sums as are
necessary to carry out this subsection for each of fiscal years
2012 and 2013.'';
(3) in subsection (d), by adding at the end the following:
``(8) Mandatory funding.--Of the funds of the Commodity
Credit Corporation, the Secretary shall use such sums as are
necessary to carry out this subsection for each of fiscal years
2012 and 2013.'';
(4) in subsection (e), by adding at the end the following:
``(4) Mandatory funding.--Of the funds of the Commodity
Credit Corporation, the Secretary shall use up to $5,000,000 to
carry out this subsection for each of fiscal years 2012 and
2013.'';
(5) in subsection (f), by adding at the end the following:
``(6) Mandatory funding.--Of the funds of the Commodity
Credit Corporation, the Secretary shall use such sums as are
necessary to carry out this subsection for each of fiscal years
2012 and 2013.''; and
(6) in subsection (i), by striking ``September 30, 2011''
and inserting ``September 30, 2012''.
(b) Effective Date.--The amendments made by subsection (a) take
effect on October 1, 2011.
SEC. 203. NONINSURED CROP ASSISTANCE PROGRAM.
(a) In General.--Section 196 of the Federal Agriculture Improvement
and Reform Act of 1996 (7 U.S.C. 7333) is amended--
(1) in subsection (a)--
(A) by striking paragraph (1) and inserting the
following:
``(1) In general.--
``(A) Coverages.--In the case of an eligible crop
described in paragraph (2), the Secretary of
Agriculture shall operate a noninsured crop disaster
assistance program to provide coverages based on
individual yields (other than for value-loss crops)
equivalent to--
``(i) catastrophic risk protection
available under section 508(b) of the Federal
Crop Insurance Act (7 U.S.C. 1508(b)); or
``(ii) additional coverage available under
subsections (c) and (h) of section 508 of that
Act (7 U.S.C. 1508) that does not exceed 65
percent.
``(B) Administration.--The Secretary shall carry
out this section through the Farm Service Agency
(referred to in this section as the `Agency').''; and
(B) in paragraph (2)--
(i) in subparagraph (A)--
(I) in clause (i), by striking
``and'' after the semicolon at the end;
(II) by redesignating clause (ii)
as clause (iii); and
(III) by inserting after clause (i)
the following:
``(ii) for which additional
coverage under subsections (c)
and (h) of section 508 of that
Act (7 U.S.C. 1508) is not
available; and''; and
(ii) in subparagraph (B)--
(I) by inserting ``(except ferns)''
after ``floricultural'';
(II) by inserting ``(except
ferns)'' after ``ornamental nursery'';
and
(III) by striking ``(including
ornamental fish)'' and inserting
``(including ornamental fish, but
excluding tropical fish)'';
(2) in subsection (d), by striking ``The Secretary'' and
inserting ``Subject to subsection (l), the Secretary'';
(3) in subsection (k)(1)--
(A) in subparagraph (A), by striking ``$250'' and
inserting ``$260''; and
(B) in subparagraph (B)--
(i) by striking ``$750'' and inserting
``$780''; and
(ii) by striking ``$1,875'' and inserting
``$1,950''; and
(4) by adding at the end the following:
``(l) Payment Equivalent to Additional Coverage.--
``(1) In general.--The Secretary shall make available to a
producer eligible for noninsured assistance under this section
a payment equivalent to an indemnity for additional coverage
under subsections (c) and (h) of section 508 of the Federal
Crop Insurance Act (7 U.S.C. 1508) that does not exceed 65
percent, computed by multiplying--
``(A) the quantity that is less than 50 to 65
percent of the established yield for the crop, as
determined by the Secretary, specified in increments of
5 percent;
``(B) 100 percent of the average market price for
the crop, as determined by the Secretary; and
``(C) a payment rate for the type of crop, as
determined by the Secretary, that reflects--
``(i) in the case of a crop that is
produced with a significant and variable
harvesting expense, the decreasing cost
incurred in the production cycle for the crop
that is, as applicable--
``(I) harvested;
``(II) planted but not harvested;
or
``(III) prevented from being
planted because of drought, flood, or
other natural disaster, as determined
by the Secretary; or
``(ii) in the case of a crop that is
produced without a significant and variable
harvesting expense, such rate as shall be
determined by the Secretary.
``(2) Premium.--To be eligible to receive a payment under
this subsection, a producer shall pay--
``(A) the service fee required by subsection (k);
and
``(B) a premium for the applicable crop year that
is equal to--
``(i) the product obtained by multiplying--
``(I) the number of acres devoted
to the eligible crop;
``(II) the yield, as determined by
the Secretary under subsection (e);
``(III) the coverage level elected
by the producer;
``(IV) the average market price, as
determined by the Secretary; and
``(ii) 5.25-percent premium fee.
``(3) Limited resource, beginning, and socially
disadvantaged farmers.--The additional coverage made available
under this subsection shall be available to limited resource,
beginning, and socially disadvantaged producers, as determined
by the Secretary, in exchange for a premium that is 50 percent
of the premium determined for a producer under paragraph (2).
``(4) Additional availability.--
``(A) In general.--As soon as practicable, the
Secretary shall make assistance available to producers
of an otherwise eligible crop described in subsection
(a)(2) that suffered losses--
``(i) to a 2012 annual fruit crop grown on
a bush or tree; and
``(ii) in a county covered by a declaration
by the Secretary of a natural disaster for
production losses due to a freeze or frost.
``(B) Assistance.--The Secretary shall make
assistance available under subparagraph (A) in an
amount equivalent to assistance available under
paragraph (1), less any fees not previously paid under
paragraph (2).''.
(b) Termination Date.--
(1) In general.--Effective October 1, 2017, subsection (a)
and the amendments made by subsection (a) (other than the
amendments made by clauses (i)(I) and (ii) of subsection
(a)(1)(B)) are repealed
(2) Administration.--Effective October 1, 2017, section 196
of the Federal Agriculture Improvement and Reform Act of 1996
(7 U.S.C. 7333) shall be applied and administered as if
subsection (a) and the amendments made by subsection (a) (other
than the amendments made by clauses (i)(I) and (ii) of
subsection (a)(1)(B)) had not been enacted.
SEC. 204. EXEMPTION OF AGRICULTURE, NUTRITION, AND FORESTRY FROM BCA
SEQUESTRATION.
Section 251A(6) of the Balanced Budget and Emergency Deficit
Control Act of 1985 (2 U.S.C. 901a(6)), as redesignated by section 101
of this Act, is amended--
(1) by striking ``On the date'' and inserting the
following:
``(A) In general.--On the date'';
(2) in subparagraph (A), as so designated, in the second
sentence, by inserting ``subparagraph (B) of this paragraph
and'' after ``the exemptions specified in''; and
(3) by adding at the end the following:
``(B) Exemption of agriculture, nutrition, and
forestry.--The following shall be exempt from reduction
under any order issued pursuant to this paragraph:
``(i) All programs, projects, and
activities of the Commodity Credit Corporation.
``(ii) All programs, projects, and
activities of the Federal Crop Insurance
Corporation.
``(iii) All programs, projects, and
activities carried out under section 32 of the
Act of August 24, 1935 (7 U.S.C. 612c).
``(iv) All other direct spending accounts
of the Department of Agriculture.''.
SEC. 205. EFFECTIVE DATE.
Except as otherwise provided in this title, this title and the
amendments made by this title take effect on the date of enactment of,
and as if included in, the American Taxpayer Relief Act of 2012 (Public
Law 112-240; 126 Stat. 2313).
TITLE III--REVENUE PROVISIONS
SEC. 301. REFERENCE.
Except as otherwise expressly provided, whenever in this title 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.
SEC. 302. FAIR SHARE TAX ON HIGH-INCOME TAXPAYERS.
(a) In General.--Subchapter A of chapter 1 is amended by adding at
the end the following new part:
``PART VIII--FAIR SHARE TAX ON HIGH-INCOME TAXPAYERS
``Sec. 59B. Fair share tax.
``SEC. 59B. FAIR SHARE TAX.
``(a) General Rule.--
``(1) Phase-in of tax.--In the case of any high-income
taxpayer, there is hereby imposed for a taxable year (in
addition to any other tax imposed by this subtitle) a tax equal
to the product of--
``(A) the amount determined under paragraph (2),
and
``(B) a fraction (not to exceed 1)--
``(i) the numerator of which is the excess
of--
``(I) the taxpayer's adjusted gross
income, over
``(II) the dollar amount in effect
under subsection (c)(1), and
``(ii) the denominator of which is
$4,000,000 ($2,000,000 in the case of a married
individual who files a separate return).
``(2) Amount of tax.--The amount of tax determined under
this paragraph is an amount equal to the excess (if any) of--
``(A) the tentative fair share tax for the taxable
year, over
``(B) the excess of--
``(i) the sum of--
``(I) the regular tax liability (as
defined in section 26(b)) for the
taxable year, determined without regard
to any tax liability determined under
this section,
``(II) the tax imposed by section
55 for the taxable year, plus
``(III) the payroll tax for the
taxable year, over
``(ii) the credits allowable under part IV
of subchapter A (other than sections 27(a), 31,
and 34).
``(b) Tentative Fair Share Tax.--For purposes of this section--
``(1) In general.--The tentative fair share tax for the
taxable year is 30 percent of the excess of--
``(A) the adjusted gross income of the taxpayer,
over
``(B) the modified charitable contribution
deduction for the taxable year.
``(2) Modified charitable contribution deduction.--For
purposes of paragraph (1)--
``(A) In general.--The modified charitable
contribution deduction for any taxable year is an
amount equal to the amount which bears the same ratio
to the deduction allowable under section 170 (section
642(c) in the case of a trust or estate) for such
taxable year as--
``(i) the amount of itemized deductions
allowable under the regular tax (as defined in
section 55) for such taxable year, determined
after the application of section 68, bears to
``(ii) such amount, determined before the
application of section 68.
``(B) Taxpayer must itemize.--In the case of any
individual who does not elect to itemize deductions for
the taxable year, the modified charitable contribution
deduction shall be zero.
``(c) High-Income Taxpayer.--For purposes of this section--
``(1) In general.--The term `high-income taxpayer' means,
with respect to any taxable year, any taxpayer (other than a
corporation) with an adjusted gross income for such taxable
year in excess of $1,000,000 (50 percent of such amount in the
case of a married individual who files a separate return).
``(2) Inflation adjustment.--
``(A) In general.--In the case of a taxable year
beginning after 2013, the $1,000,000 amount under
paragraph (1) shall be increased by an amount equal
to--
``(i) such dollar amount, multiplied by
``(ii) the cost-of-living adjustment
determined under section 1(f)(3) for the
calendar year in which the taxable year begins,
determined by substituting `calendar year 2012'
for `calendar year 1992' in subparagraph (B)
thereof.
``(B) Rounding.--If any amount as adjusted under
subparagraph (A) is not a multiple of $10,000, such
amount shall be rounded to the next lowest multiple of
$10,000.
``(d) Payroll Tax.--For purposes of this section, the payroll tax
for any taxable year is an amount equal to the excess of--
``(1) the taxes imposed on the taxpayer under sections
1401, 1411, 3101, 3201, and 3211(a) (to the extent such tax is
attributable to the rate of tax in effect under section 3101)
with respect to such taxable year or wages or compensation
received during such taxable year, over
``(2) the deduction allowable under section 164(f) for such
taxable year.
``(e) Special Rule for Estates and Trusts.--For purposes of this
section, in the case of an estate or trust, adjusted gross income shall
be computed in the manner described in section 67(e).
``(f) Not Treated as Tax Imposed by This Chapter for Certain
Purposes.--The tax imposed under this section shall not be treated as
tax imposed by this chapter for purposes of determining the amount of
any credit under this chapter (other than the credit allowed under
section 27(a)) or for purposes of section 55.''.
(b) Clerical Amendment.--The table of parts for subchapter A of
chapter 1 is amended by adding at the end the following new item:
``Part VIII--Fair Share Tax on High-Income Taxpayers''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2013.
SEC. 303. DENIAL OF DEDUCTION FOR OUTSOURCING EXPENSES.
(a) In General.--Part IX of subchapter B of chapter 1 is amended by
adding at the end the following new section:
``SEC. 280I. OUTSOURCING EXPENSES.
``(a) In General.--No deduction otherwise allowable under this
chapter shall be allowed for any specified outsourcing expense.
``(b) Specified Outsourcing Expense.--For purposes of this
section--
``(1) In general.--The term `specified outsourcing expense'
means--
``(A) any eligible expense paid or incurred by the
taxpayer in connection with the elimination of any
business unit of the taxpayer (or of any member of any
expanded affiliated group in which the taxpayer is also
a member) located within the United States, and
``(B) any eligible expense paid or incurred by the
taxpayer in connection with the establishment of any
business unit of the taxpayer (or of any member of any
expanded affiliated group in which the taxpayer is also
a member) located outside the United States,
if such establishment constitutes the relocation of the
business unit so eliminated. For purposes of the preceding
sentence, a relocation shall not be treated as failing to occur
merely because such elimination occurs in a different taxable
year than such establishment.
``(2) Eligible expenses.--The term `eligible expenses'
means--
``(A) any amount for which a deduction is allowed
to the taxpayer under section 162, and
``(B) permit and license fees, lease brokerage
fees, equipment installation costs, and, to the extent
provided by the Secretary, other similar expenses.
Such term does not include any compensation which is paid or
incurred in connection with severance from employment and, to
the extent provided by the Secretary, any similar amount.
``(3) Business unit.--The term `business unit' means--
``(A) any trade or business, and
``(B) any line of business, or functional unit,
which is part of any trade or business.
``(4) Expanded affiliated group.--The term `expanded
affiliated group' means an affiliated group as defined in
section 1504(a), determined without regard to section
1504(b)(3) and by substituting `more than 50 percent' for `at
least 80 percent' each place it appears in section 1504(a). A
partnership or any other entity (other than a corporation)
shall be treated as a member of an expanded affiliated group if
such entity is controlled (within the meaning of section
954(d)(3)) by members of such group (including any entity
treated as a member of such group by reason of this paragraph).
``(5) Operating expenses not taken into account.--Any
amount paid or incurred in connection with the on-going
operation of a business unit shall not be treated as an amount
paid or incurred in connection with the establishment or
elimination of such business unit.
``(c) Special Rules.--
``(1) Application to deductions for depreciation and
amortization.--In the case of any portion of a specified
outsourcing expense which is not deductible in the taxable year
in which paid or incurred, such portion shall neither be
chargeable to capital account nor amortizable.
``(2) Possessions treated as part of the united states.--
For purposes of this section, the term `United States' shall be
treated as including each possession of the United States
(including the Commonwealth of Puerto Rico and the Commonwealth
of the Northern Mariana Islands).
``(d) Regulations.--The Secretary shall prescribe such regulations
or other guidance as may be necessary or appropriate to carry out the
purposes of this section, including regulations which provide (or
create a rebuttable presumption) that certain establishments of
business units outside the United States will be treated as relocations
(based on timing or such other factors as the Secretary may provide) of
business units eliminated within the United States.''.
(b) Limitation on Subpart F Income of Controlled Foreign
Corporations Determined Without Regard to Specified Outsourcing
Expenses.--Subsection (c) of section 952 is amended by adding at the
end the following new paragraph:
``(4) Earnings and profits determined without regard to
specified outsourcing expenses.--For purposes of this
subsection, earnings and profits of any controlled foreign
corporation shall be determined without regard to any specified
outsourcing expense (as defined in section 280I(b)).''.
(c) Clerical Amendment.--The table of sections for part IX of
subchapter B of chapter 1 is amended by adding at the end the following
new item:
``Sec. 280I. Outsourcing expenses.''.
(d) Effective Date.--The amendments made by this section shall
apply to amounts paid or incurred after the date of the enactment of
this Act.
SEC. 304. MODIFICATIONS TO THE TAX ON PETROLEUM.
(a) Definition of Crude Oil.--Paragraph (1) of section 4612(a) is
amended to read as follows:
``(1) Crude oil.--The term `crude oil' includes crude oil
condensates, natural gasoline, any bitumen or bituminous
mixture, and any oil derived from a bitumen or bituminous
mixture.''.
(b) Removing Restrictions Relating to Oil Wells and Extraction
Methods.--Paragraph (2) of section 4612(a) is amended by striking
``from a well located''.
(c) Clerical Amendment.--Subclause (I) of section 4612(e)(2)(B)(ii)
is amended by striking ``tranferred'' and inserting ``transferred''.
(d) Effective Date.--The amendments made by subsections (a) and (b)
shall apply to oil and petroleum products received or entered during
calendar quarters beginning more than 60 days after the date of the
enactment of this Act.
Calendar No. 18
113th CONGRESS
1st Session
S. 388
_______________________________________________________________________
A BILL
To appropriately limit sequestration, to eliminate tax loopholes, and
for other purposes.
_______________________________________________________________________
February 26, 2013
Read twice and placed on the calendar pursuant to the order of February
14, 2013
Introduced in Senate
Introduced in the Senate. Read twice. Pursuant to the order of 2/14/2013 Placed on Senate Legislative Calendar under General Orders. Calendar No. 18.
Motion to proceed to consideration of measure made in Senate. (consideration: CR S849)
Cloture motion on the motion to proceed to the measure presented in Senate. (consideration: CR S849, text: CR S849)
Motion to proceed to measure considered in Senate. (consideration: CR S970-990, S991)
Cloture on the motion to proceed to the measure not invoked in Senate by Yea-Nay Vote. 51 - 49. Record Vote Number: 27. (consideration: CR S991; text: CR S991)
Roll Call #27 (Senate)Motion by Senator Reid to reconsider the vote by which cloture was not invoked on the motion to proceed to the measure (Record Vote No. 27) entered in Senate.
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