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H.R.6240 - Manufacturing Comeback Act of 2012
To make reforms to taxes, regulations, and workforce development programs in order to increase employment in the manufacturing sector and overall economy.
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Mr. GRAVES of Missouri introduced the following bill; which was referred to the Committee on Ways and Means, and in addition to the Committees on Education and the Workforce, 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 concernedCommentsClose CommentsPermalink
SECTION 1. SHORT TITLE.
TITLE I--RESEARCH AND DEVELOPMENT
TITLE II--CORPORATE AND INDIVIDUAL PROVISIONS GENERALLY
TITLE III--WORKFORCE TRAINING
TITLE IV--ECONOMIC IMPACT OF RESEARCH GRANTS
TITLE VI--VOCATIONAL TRAINING AT STATE LEVEL
SEC. 101. EXTENSION AND EXPANSION OF RESEARCH AND DEVELOPMENT TAX CREDIT.
(b) Alternative Simplified Credit- Subparagraph (A) of section 41(c)(5) of such Code is amended by striking ‘14 percent (12 percent in the case of taxable years ending before January 1, 2009)’ and inserting ‘25 percent’.CommentsClose CommentsPermalink
SEC. 201. EXTENSION OF BONUS DEPRECIATION AND TEMPORARY 100 PERCENT EXPENSING FOR CERTAIN BUSINESS ASSETS.
(c) Extension of Election To Accelerate the AMT Credit in Lieu of Bonus Depreciation- Subclause (II) of section 168(k)(4)(D)(iii) of such Code is amended by striking ‘2013’ and inserting ‘2014’.CommentsClose CommentsPermalink
SEC. 202. EXTENSION OF INCREASED SMALL BUSINESS EXPENSING.
SEC. 203. MAXIMUM CORPORATE INCOME TAX RATE REDUCED TO 25 PERCENT FOR 2013.
SEC. 204. TEMPORARY EXTENSION OF 2001 TAX RELIEF.
(a) In General- Section 901 of the Economic Growth and Tax Relief Reconciliation Act of 2001 is amended by striking ‘December 31, 2012’ both places it appears and inserting ‘December 31, 2013’.CommentsClose CommentsPermalink
(b) Effective Date- The amendment made by this section shall take effect as if included in the enactment of the Economic Growth and Tax Relief Reconciliation Act of 2001.CommentsClose CommentsPermalink
SEC. 205. TEMPORARY EXTENSION OF 2003 TAX RELIEF.
SEC. 301. SHORT TITLE.
SEC. 302. INDUSTRY-RECOGNIZED AND NATIONALLY PORTABLE CREDENTIALS FOR JOB TRAINING PROGRAMS.
(1) GENERAL EMPLOYMENT AND TRAINING ACTIVITIES- Section 134(d)(4)(F) of the Workforce Investment Act of 1998 (
‘(iv) PRIORITY FOR PROGRAMS THAT PROVIDE AN INDUSTRY-RECOGNIZED AND NATIONALLY PORTABLE CREDENTIAL- In selecting and approving training services, or programs of training services, under this section, a one-stop operator and employees of a one-stop center referred to in subsection (c) shall give priority consideration to services and programs (approved by the appropriate State agency and local board in conjunction with section 122) that lead to a credential that is in high demand in the local area served and listed in the registry described in section 3(b) of the AMERICA Works Act.’.CommentsClose CommentsPermalink
‘(ii) training (with priority consideration given to programs that lead to a credential that is in high demand in the local area served and listed in the registry described in section 3(b) of the AMERICA Works Act, if the local board determines that such programs are available and appropriate);’.CommentsClose CommentsPermalink
(1) STATE PLAN- Section 122(c)(1)(B) of the Carl D. Perkins Career and Technical Education Act of 2006 (
‘(i) lead to an appropriate (as determined by the eligible agency) skills credential (which may be a certificate) that is in high demand in the area served and listed in the registry described in section 3(b) of the AMERICA Works Act; andCommentsClose CommentsPermalink
‘(13) describe the career and technical education activities supporting the attainment of industry-recognized credentials or certificates, and how the eligible recipient, in selecting such activities, gave priority consideration to activities supporting high-demand registry skill credentials described in section 122(c)(1)(B)(i).’.CommentsClose CommentsPermalink
(3) TECH-PREP PROGRAMS- Section 203(c)(2)(E) of the Carl D. Perkins Career and Technical Education Act of 2006 (
(c) Training Programs Under TAA- Section 236(a)(5) of the Trade Act of 1974 (
SEC. 303. SKILL CREDENTIAL REGISTRY.
(1) COVERED PROVISION- The term ‘covered provision’ means any of sections 129 and 134 of the Workforce Investment Act of 1998 (
(3) NATIONALLY PORTABLE- The term ‘nationally portable’, used with respect to a credential, means a credential that is sought or accepted by companies within the industry sector involved, across multiple States, as recognized, preferred, or required for recruitment, screening, or hiring.CommentsClose CommentsPermalink
(4) WORKFORCE INVESTMENT ACTIVITIES- The term ‘workforce investment activities’ has the meaning given the term in section 101 of the Workforce Investment Act of 1998 (
(1) IN GENERAL- Not later than 120 days after the date of enactment of this Act, the Secretary of Labor (referred to in this section as the ‘Secretary’) shall create a registry of skill credentials (which may be certificates), for purposes of enabling programs that lead to such a credential to receive priority under a covered provision.CommentsClose CommentsPermalink
(A) list the credential in the registry if the credential is required by Federal or State law for an occupation (such as a credential required by a State law regarding qualifications for a health care occupation);CommentsClose CommentsPermalink
(C) list the credential, and list an updated credential, in the registry if the credential involved is an industry-recognized, nationally portable credential that is consistent with the Secretary’s established industry competency models and is consistently updated through third party validation to reflect changing industry competencies.CommentsClose CommentsPermalink
(c) Rule of Construction- Nothing in this title shall be construed to require an entity with responsibility for selecting or approving an education, training, or workforce investment activities program with regard to a covered provision, to select a program with a credential listed in the registry described in subsection (b).CommentsClose CommentsPermalink
SEC. 304. EFFECTIVE DATE.
SEC. 401. ECONOMIC IMPACT OF RESEARCH GRANTS.
The Secretary of Labor and the Secretary of Commerce shall prepare for each research grant made by their departments a statement describing the economic impact of the activities to be carried out using the grant funding.CommentsClose CommentsPermalink
SEC. 501. SHORT TITLE; TABLE OF CONTENTS.
SEC. 502. CLARIFICATION AND EXPANSION OF RULES COVERED BY THE REGULATORY FLEXIBILITY ACT.
‘(2) RULE- The term ‘rule’ has the meaning given such term in section 551(4) of this title, except that such term does not include a rule of particular (and not general) applicability relating to rates, wages, corporate or financial structures or reorganizations thereof, prices, facilities, appliances, services, or allowances therefor or to valuations, costs or accounting, or practices relating to such rates, wages, structures, prices, appliances, services, or allowances.’.CommentsClose CommentsPermalink
‘(B) any indirect economic effect on small entities which is reasonably foreseeable and results from such rule (without regard to whether small entities will be directly regulated by the rule).’.CommentsClose CommentsPermalink
(1) INITIAL REGULATORY FLEXIBILITY ANALYSIS- Subsection (c) of
(2) FINAL REGULATORY FLEXIBILITY ANALYSIS- The first paragraph (6) of
(d) Inclusion of Rules Affecting Tribal Organizations- Paragraph (5) of
‘(i) in the case of a plan described in subparagraph (A)(i), is made under section 6(f)(5) of the Forest and Rangeland Renewable Resources Planning Act of 1974 (
16 U.S.C. 1604(f)(5)); orCommentsClose CommentsPermalink
‘(i) in the case of a plan described in subparagraph (A)(i), is made under section 6(f)(4) of the Forest and Rangeland Renewable Resources Planning Act of 1974 (
16 U.S.C. 1604(f)(4)) and with respect to which the Secretary of Agriculture prepares a statement described in section 102(2)(C) of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4332(2)(C)); orCommentsClose CommentsPermalink
‘(ii) in the case of a plan described in subparagraph (A)(ii), is made under section 1610.5-5 of title 43, Code of Federal Regulations (or any successor regulation) and with respect to which the Secretary of the Interior prepares a statement described in section 102(2)(C) of the National Environmental Policy Act of 1969 (
42 U.S.C. 4332(2)(C)).’.CommentsClose CommentsPermalink
(1) IN GENERAL- Subsection (a) of
‘(i) in the case of an enterprise which is described by a classification code of the North American Industrial Classification System, does not exceed the size standard established by the Administrator of the Small Business Administration pursuant to section 3 of the Small Business Act (
15 U.S.C. 632) for small business concerns described by such classification code; andCommentsClose CommentsPermalink
‘(B) LOCAL LABOR ORGANIZATIONS- In the case of any local labor organization, subparagraph (A) shall be applied without regard to any national or international organization of which such local labor organization is a part.CommentsClose CommentsPermalink
‘(C) AGENCY DEFINITIONS- Subparagraphs (A) and (B) shall not apply to the extent that an agency, after consultation with the Office of Advocacy of the Small Business Administration and after opportunity for public comment, establishes one or more definitions for such term which are appropriate to the activities of the agency and publishes such definitions in the Federal Register.’.CommentsClose CommentsPermalink
SEC. 503. EXPANSION OF REPORT OF REGULATORY AGENDA.
‘(3) a brief description of the sector of the North American Industrial Classification System that is primarily affected by any rule which the agency expects to propose or promulgate which is likely to have a significant economic impact on a substantial number of small entities; and’; andCommentsClose CommentsPermalink
‘(c) Each agency shall prominently display a plain language summary of the information contained in the regulatory flexibility agenda published under subsection (a) on its website within 3 days of its publication in the Federal Register. The Office of Advocacy of the Small Business Administration shall compile and prominently display a plain language summary of the regulatory agendas referenced in subsection (a) for each agency on its website within 3 days of their publication in the Federal Register.’.CommentsClose CommentsPermalink
SEC. 504. REQUIREMENTS PROVIDING FOR MORE DETAILED ANALYSES.
‘(4) describing the projected reporting, recordkeeping, and other compliance requirements of the proposed rule, including an estimate of the classes of small entities which will be subject to the requirement and the type of professional skills necessary for preparation of the report and record;CommentsClose CommentsPermalink
‘(5) describing all relevant Federal rules which may duplicate, overlap, or conflict with the proposed rule, or the reasons why such a description could not be provided;CommentsClose CommentsPermalink
‘(6) estimating the additional cumulative economic impact of the proposed rule, or the cumulative impact of any other rule stemming from the implementation of the Free Trade Agreements, on small entities beyond that already imposed on the class of small entities by the agency or why such an estimate is not available; andCommentsClose CommentsPermalink
(2) INCLUSION OF RESPONSE TO COMMENTS ON CERTIFICATION OF PROPOSED RULE- Paragraph (2) of
‘(b) The agency shall make copies of the final regulatory flexibility analysis available to the public, including placement of the entire analysis on the agency’s website, and shall publish in the Federal Register the final regulatory flexibility analysis, or a summary thereof which includes the telephone number, mailing address, and link to the website where the complete analysis may be obtained.’.CommentsClose CommentsPermalink
‘(a) A Federal agency shall be treated as satisfying any requirement regarding the content of an agenda or regulatory flexibility analysis under section 602, 603, or 604, if such agency provides in such agenda or analysis a cross-reference to the specific portion of another agenda or analysis which is required by any other law and which satisfies such requirement.’.CommentsClose CommentsPermalink
‘Sec. 607. Quantification requirements
SEC. 505. REPEAL OF WAIVER AND DELAY AUTHORITY; ADDITIONAL POWERS OF THE CHIEF COUNSEL FOR ADVOCACY.
‘Sec. 608. Additional powers of Chief Counsel for Advocacy
‘(a)(1) Not later than 270 days after the date of the enactment of the Regulatory Flexibility Improvements Act of 2012, the Chief Counsel for Advocacy of the Small Business Administration shall, after opportunity for notice and comment under section 553, issue rules governing agency compliance with this chapter. The Chief Counsel may modify or amend such rules after notice and comment under section 553. This chapter (other than this subsection) shall not apply with respect to the issuance, modification, and amendment of rules under this paragraph.CommentsClose CommentsPermalink
‘(2) An agency shall not issue rules which supplement the rules issued under subsection (a) unless such agency has first consulted with the Chief Counsel for Advocacy to ensure that such supplemental rules comply with this chapter and the rules issued under paragraph (1).CommentsClose CommentsPermalink
‘(b) Notwithstanding any other law, the Chief Counsel for Advocacy of the Small Business Administration may intervene in any agency adjudication (unless such agency is authorized to impose a fine or penalty under such adjudication), and may inform the agency of the impact that any decision on the record may have on small entities. The Chief Counsel shall not initiate an appeal with respect to any adjudication in which the Chief Counsel intervenes under this subsection.CommentsClose CommentsPermalink
‘(c) The Chief Counsel for Advocacy may file comments in response to any agency notice requesting comment, regardless of whether the agency is required to file a general notice of proposed rulemaking under section 553.’.CommentsClose CommentsPermalink
SEC. 506. PROCEDURES FOR GATHERING COMMENTS.
‘(b)(1) Prior to publication of any proposed rule described in subsection (e), an agency making such rule shall notify the Chief Counsel for Advocacy of the Small Business Administration and provide the Chief Counsel with--CommentsClose CommentsPermalink
‘(c) Not later than 15 days after the receipt of such materials and information under subsection (b), the Chief Counsel for Advocacy of the Small Business Administration shall--CommentsClose CommentsPermalink
‘(1) identify small entities or representatives of small entities or a combination of both for the purpose of obtaining advice, input, and recommendations from those persons about the potential economic impacts of the proposed rule and the compliance of the agency with section 603; andCommentsClose CommentsPermalink
‘(2) convene a review panel consisting of an employee from the Office of Advocacy of the Small Business Administration, an employee from the agency making the rule, and in the case of an agency other than an independent regulatory agency (as defined in section 3502(5) of title 44), an employee from the Office of Information and Regulatory Affairs of the Office of Management and Budget to review the materials and information provided to the Chief Counsel under subsection (b).CommentsClose CommentsPermalink
‘(d)(1) Not later than 60 days after the review panel described in subsection (c)(2) is convened, the Chief Counsel for Advocacy of the Small Business Administration shall, after consultation with the members of such panel, submit a report to the agency and, in the case of an agency other than an independent regulatory agency (as defined in section 3502(5) of title 44), the Office of Information and Regulatory Affairs of the Office of Management and Budget.CommentsClose CommentsPermalink
‘(2) Such report shall include an assessment of the economic impact of the proposed rule on small entities, including an assessment of the proposed rule’s impact on the cost that small entities pay for energy, and a discussion of any alternatives that will minimize adverse significant economic impacts or maximize beneficial significant economic impacts on small entities.CommentsClose CommentsPermalink
‘(3) Such report shall become part of the rulemaking record. In the publication of the proposed rule, the agency shall explain what actions, if any, the agency took in response to such report.CommentsClose CommentsPermalink
‘(e) A proposed rule is described by this subsection if the Administrator of the Office of Information and Regulatory Affairs of the Office of Management and Budget, the head of the agency (or the delegatee of the head of the agency), or an independent regulatory agency determines that the proposed rule is likely to result in--CommentsClose CommentsPermalink
‘(3) significant adverse effects on competition, employment, investment, productivity, innovation, or on the ability of United States-based enterprises to compete with foreign-based enterprises in domestic and export markets; orCommentsClose CommentsPermalink
‘(f) Upon application by the agency, the Chief Counsel for Advocacy of the Small Business Administration may waive the requirements of subsections (b) through (e) if the Chief Counsel determines that compliance with the requirements of such subsections are impracticable, unnecessary, or contrary to the public interest.’.CommentsClose CommentsPermalink
SEC. 507. PERIODIC REVIEW OF RULES.
‘Sec. 610. Periodic review of rules
‘(a) Not later than 180 days after the enactment of the Regulatory Flexibility Improvements Act of 2011, each agency shall publish in the Federal Register and place on its website a plan for the periodic review of rules issued by the agency which the head of the agency determines have a significant economic impact on a substantial number of small entities. Such determination shall be made without regard to whether the agency performed an analysis under section 604. The purpose of the review shall be to determine whether such rules should be continued without change, or should be amended or rescinded, consistent with the stated objectives of applicable statutes, to minimize any adverse significant economic impacts or maximize any beneficial significant economic impacts on a substantial number of small entities. Such plan may be amended by the agency at any time by publishing the revision in the Federal Register and subsequently placing the amended plan on the agency’s website.CommentsClose CommentsPermalink
‘(b) The plan shall provide for the review of all such agency rules existing on the date of the enactment of the Regulatory Flexibility Improvements Act of 2011 within 10 years of the date of publication of the plan in the Federal Register and for review of rules adopted after the date of enactment of the Regulatory Flexibility Improvements Act of 2011 within 10 years after the publication of the final rule in the Federal Register. If the head of the agency determines that completion of the review of existing rules is not feasible by the established date, the head of the agency shall so certify in a statement published in the Federal Register and may extend the review for not longer than 2 years after publication of notice of extension in the Federal Register. Such certification and notice shall be sent to the Chief Counsel for Advocacy of the Small Business Administration and the Congress.CommentsClose CommentsPermalink
‘(c) The plan shall include a section that details how an agency will conduct outreach to and meaningfully include small businesses for the purposes of carrying out this section. The agency shall include in this section a plan for how the agency will contact small businesses and gather their input on existing agency rules.CommentsClose CommentsPermalink
‘(d) Each agency shall annually submit a report regarding the results of its review pursuant to such plan to the Congress, the Chief Counsel for Advocacy of the Small Business Administration, and, in the case of agencies other than independent regulatory agencies (as defined in section 3502(5) of title 44) to the Administrator of the Office of Information and Regulatory Affairs of the Office of Management and Budget. Such report shall include the identification of any rule with respect to which the head of the agency made a determination described in paragraph (5) or (6) of subsection (e) and a detailed explanation of the reasons for such determination.CommentsClose CommentsPermalink
‘(e) In reviewing a rule pursuant to subsections (a) through (d), the agency shall amend or rescind the rule to minimize any adverse significant economic impact on a substantial number of small entities or disproportionate economic impact on a specific class of small entities, or maximize any beneficial significant economic impact of the rule on a substantial number of small entities to the greatest extent possible, consistent with the stated objectives of applicable statutes. In amending or rescinding the rule, the agency shall consider the following factors:CommentsClose CommentsPermalink
‘(5) The extent to which the rule overlaps, duplicates, or conflicts with other Federal rules and, unless the head of the agency determines it to be infeasible, State, territorial, and local rules.CommentsClose CommentsPermalink
‘(6) The contribution of the rule to the cumulative economic impact of all Federal rules on the class of small entities affected by the rule, unless the head of the agency determines that such calculations cannot be made and reports that determination in the annual report required under subsection (d).CommentsClose CommentsPermalink
‘(7) The length of time since the rule has been evaluated or the degree to which technology, economic conditions, or other factors have changed in the area affected by the rule.CommentsClose CommentsPermalink
‘(f) The agency shall publish in the Federal Register and on its website a list of rules to be reviewed pursuant to such plan. Such publication shall include a brief description of the rule, the reason why the agency determined that it has a significant economic impact on a substantial number of small entities (without regard to whether it had prepared a final regulatory flexibility analysis for the rule), and request comments from the public, the Chief Counsel for Advocacy of the Small Business Administration, and the Regulatory Enforcement Ombudsman concerning the enforcement of the rule.’.CommentsClose CommentsPermalink
SEC. 508. JUDICIAL REVIEW OF COMPLIANCE WITH THE REQUIREMENTS OF THE REGULATORY FLEXIBILITY ACT AVAILABLE AFTER PUBLICATION OF THE FINAL RULE.
(b) Jurisdiction- Paragraph (2) of such section is amended by inserting ‘(or which would have such jurisdiction if publication of the final rule constituted final agency action)’ after ‘provision of law,’.CommentsClose CommentsPermalink
(d) Intervention by Chief Counsel for Advocacy- Subsection (b) of
SEC. 509. JURISDICTION OF COURT OF APPEALS OVER RULES IMPLEMENTING THE REGULATORY FLEXIBILITY ACT.
(c) Authorization To Intervene and Comment on Agency Compliance With Administrative Procedure- Subsection (b) of
SEC. 510. CLERICAL AMENDMENTS.
‘Sec. 605. Incorporations by reference and certifications’.
SEC. 511. AGENCY PREPARATION OF GUIDES.
‘(5) AGENCY PREPARATION OF GUIDES- The agency shall, in its sole discretion, taking into account the subject matter of the rule and the language of relevant statutes, ensure that the guide is written using sufficiently plain language likely to be understood by affected small entities. Agencies may prepare separate guides covering groups or classes of similarly affected small entities and may cooperate with associations of small entities to distribute such guides. In developing guides, agencies shall solicit input from affected small entities or associations of affected small entities. An agency may prepare guides and apply this section with respect to a rule or a group of related rules.’.CommentsClose CommentsPermalink
SEC. 601. FINDINGS.
(1) high schools, community colleges, technical schools, as well as public and private universities and colleges should, when opportunities are available and viable, establish local and statewide partnerships with industry, especially manufacturing companies;CommentsClose CommentsPermalink
(2) these partnerships include, but are not limited to, targeting curriculum and course work, in conjunction with private businesses and industry certification organizations that provide industry recognized nationally portable skills to meet the needs of industry; andCommentsClose CommentsPermalink
(3) these partnerships will connect the intellectual knowledge available at our technical colleges, our two year universities, and at our four year colleges and universities with business leaders in order to create a synergism that encourages businesses to grow and expand through the availability of a higher skilled workforce.CommentsClose CommentsPermalink