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Donate NowS.388 - American Family Economic Protection Act of 2013
A bill to appropriately limit sequestration, to eliminate tax loopholes, and for other purposes.

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S 388 PCSCommentsClose CommentsPermalink

Calendar No. 18CommentsClose CommentsPermalink

113th CONGRESSCommentsClose CommentsPermalink

1st SessionCommentsClose CommentsPermalink

S. 388CommentsClose CommentsPermalink

To appropriately limit sequestration, to eliminate tax loopholes, and for other purposes.CommentsClose CommentsPermalink

IN THE SENATE OF THE UNITED STATESCommentsClose CommentsPermalink

February 26, 2013CommentsClose CommentsPermalink

February 26, 2013CommentsClose CommentsPermalink

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, 2013CommentsClose CommentsPermalink

A BILLCommentsClose CommentsPermalink

To appropriately limit sequestration, to eliminate tax loopholes, and for other purposes.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE.
This Act may be cited as the ‘American Family Economic Protection Act of 2013’.CommentsClose CommentsPermalink

SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:CommentsClose CommentsPermalink

Sec. 1. Short title.CommentsClose CommentsPermalink

Sec. 2. Table of contents.CommentsClose CommentsPermalink

TITLE I--BUDGET PROVISIONS
Sec. 101. Adjustments to discretionary spending limits.CommentsClose CommentsPermalink

Sec. 102. Treatment of sequester.CommentsClose CommentsPermalink

Sec. 103. Budgetary effects.CommentsClose CommentsPermalink

TITLE II--AGRICULTURAL PROGRAMS
Sec. 201. Extension of agricultural programs.CommentsClose CommentsPermalink

Sec. 202. Supplemental agricultural disaster assistance programs.CommentsClose CommentsPermalink

Sec. 203. Noninsured crop assistance program.CommentsClose CommentsPermalink

Sec. 204. Exemption of agriculture, nutrition, and forestry from BCA sequestration.CommentsClose CommentsPermalink

Sec. 205. Effective date.CommentsClose CommentsPermalink

TITLE III--REVENUE PROVISIONS
Sec. 301. Reference.CommentsClose CommentsPermalink

Sec. 302. Fair share tax on high-income taxpayers.CommentsClose CommentsPermalink

Sec. 303. Denial of deduction for outsourcing expenses.CommentsClose CommentsPermalink

Sec. 304. Modifications to the tax on petroleum.CommentsClose CommentsPermalink

TITLE I--BUDGET PROVISIONSCommentsClose CommentsPermalink

TITLE I--BUDGET PROVISIONSCommentsClose CommentsPermalink

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) For fiscal year 2013--CommentsClose CommentsPermalink
‘(A) for the security category, $684,000,000,000 in new budget authority; andCommentsClose CommentsPermalink
‘(B) for the nonsecurity category, $359,000,000,000 in new budget authority;CommentsClose CommentsPermalink
‘(3) for fiscal year 2014--CommentsClose CommentsPermalink
‘(A) for the revised security category, $552,000,000,000 in new budget authority; andCommentsClose CommentsPermalink
‘(B) for the revised nonsecurity category, $506,000,000,000 in new budget authority;CommentsClose CommentsPermalink
‘(4) for fiscal year 2015--CommentsClose CommentsPermalink
‘(A) for the revised security category, $563,040,000,000 in new budget authority; andCommentsClose CommentsPermalink
‘(B) for the revised nonsecurity category, $520,000,000,000 in new budget authority;CommentsClose CommentsPermalink
‘(5) for fiscal year 2016--CommentsClose CommentsPermalink
‘(A) for the revised security category, $574,301,000,000 in new budget authority; andCommentsClose CommentsPermalink
‘(B) for the revised nonsecurity category, $530,000,000,000 in new budget authority;CommentsClose CommentsPermalink
‘(6) for fiscal year 2017--CommentsClose CommentsPermalink
‘(A) for the revised security category, $586,361,000,000 in new budget authority; andCommentsClose CommentsPermalink
‘(B) for the revised nonsecurity category, $541,000,000,000 in new budget authority;CommentsClose CommentsPermalink
‘(7) for fiscal year 2018--CommentsClose CommentsPermalink
‘(A) for the revised security category, $598,675,000,000 in new budget authority; andCommentsClose CommentsPermalink
‘(B) for the revised nonsecurity category, $553,000,000,000 in new budget authority;CommentsClose CommentsPermalink
‘(8) for fiscal year 2019--CommentsClose CommentsPermalink
‘(A) for the revised security category, $611,846,000,000 in new budget authority; andCommentsClose CommentsPermalink
‘(B) for the revised nonsecurity category, $566,000,000,000 in new budget authority;CommentsClose CommentsPermalink
‘(9) for fiscal year 2020--CommentsClose CommentsPermalink
‘(A) for the revised security category, $625,306,000,000 in new budget authority; andCommentsClose CommentsPermalink
‘(B) for the revised nonsecurity category, $578,000,000,000 in new budget authority; andCommentsClose CommentsPermalink
‘(10) for fiscal year 2021--CommentsClose CommentsPermalink
‘(A) for the revised security category, $638,972,000,000 in new budget authority; andCommentsClose CommentsPermalink
‘(B) for the revised nonsecurity category, $590,000,000,000 in new budget authority;’.CommentsClose CommentsPermalink
(b) Technical and Conforming Amendments- Part C of title II of the Balanced Budget and Emergency Deficit Control Act of 1985 (

(1) in section 250(c)(4) (

‘(D) The term ‘revised security category’ means discretionary appropriations in budget function 050.CommentsClose CommentsPermalink
‘(E) The term ‘revised nonsecurity category’ means discretionary appropriations other than in budget function 050.’; andCommentsClose CommentsPermalink
(2) in section 251A (

(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:’;CommentsClose CommentsPermalink

(B) by striking paragraphs (1) and (2);CommentsClose CommentsPermalink

(C) by redesignating paragraphs (3) through (11) as paragraphs (1) through (9), respectively;CommentsClose CommentsPermalink

(D) in paragraph (2), as redesignated, by striking ‘paragraph (3)’ and inserting ‘paragraph (1)’;CommentsClose CommentsPermalink

(E) in paragraph (3), as redesignated, by striking ‘paragraph (4)’ each place it appears and inserting ‘paragraph (2)’;CommentsClose CommentsPermalink

(F) in paragraph (4), as redesignated, by striking ‘paragraph (4)’ each place it appears and inserting ‘paragraph (2)’;CommentsClose CommentsPermalink

(G) in paragraph (5), as redesignated--CommentsClose CommentsPermalink

(i) by striking ‘paragraph (5)’ each place it appears and inserting ‘paragraph (3)’; andCommentsClose CommentsPermalink

(ii) by striking ‘paragraph (6)’ each place it appears and inserting ‘paragraph (4)’;CommentsClose CommentsPermalink

(H) in paragraph (6), as redesignated--CommentsClose CommentsPermalink

(i) by striking ‘paragraph (4)’ and inserting ‘paragraph (2)’; andCommentsClose CommentsPermalink

(ii) by striking ‘paragraphs (5) and (6)’ and inserting ‘paragraphs (3) and (4)’;CommentsClose CommentsPermalink

(I) in paragraph (7), as redesignated--CommentsClose CommentsPermalink

(i) by striking ‘paragraph (8)’ and inserting ‘paragraph (6)’; andCommentsClose CommentsPermalink

(ii) by striking ‘paragraph (6)’ each place it appears and inserting ‘paragraph (4)’; andCommentsClose CommentsPermalink

(J) in paragraph (9), as redesignated, by striking ‘paragraph (4)’ and inserting ‘paragraph (2)’.CommentsClose CommentsPermalink

SEC. 102. TREATMENT OF SEQUESTER.
(a) Adjustment- Section 251A(1) of the Balanced Budget and Emergency Deficit Control Act of 1985 (

(1) in subparagraph (D), by striking ‘and’ at the end;CommentsClose CommentsPermalink

(2) in subparagraph (E)--CommentsClose CommentsPermalink

(A) by striking ‘$24,000,000,000’ and inserting ‘$109,333,000,000’; andCommentsClose CommentsPermalink

(B) by striking the period at the end and inserting ‘; and’; andCommentsClose CommentsPermalink

(C) by adding at the end the following:CommentsClose CommentsPermalink

‘(F) for fiscal year 2014, reducing the amount calculated under subparagraphs (A) through (D) by $25,500,000,000.’.CommentsClose CommentsPermalink
(b) Postponement of Budget Control Act Sequester for Calendar Year 2013-CommentsClose CommentsPermalink

(1) REPEAL- Section 901(e) of the American Taxpayer Relief Act of 2012 (

(2) BBEDCA- Section 251A of the Balanced Budget and Emergency Deficit Control Act (

(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’;CommentsClose CommentsPermalink

(B) in paragraph (3), as redesignated by section 101 of this Act, by striking ‘2013’ and inserting ‘2014’;CommentsClose CommentsPermalink

(C) in paragraph (4), as redesignated by section 101 of this Act, by striking ‘2013’ and inserting ‘2014’; andCommentsClose CommentsPermalink

(D) in paragraph (5), as redesignated by section 101 of this Act--CommentsClose CommentsPermalink

(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’; andCommentsClose CommentsPermalink

(ii) in subparagraph (B)--CommentsClose CommentsPermalink

(I) by striking ‘FISCAL YEARS 2014-2021’ and inserting ‘FISCAL YEARS 2015-2021’; andCommentsClose CommentsPermalink

(II) by striking ‘2014’ each place it appears and inserting ‘2015’.CommentsClose CommentsPermalink

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 (

(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).CommentsClose CommentsPermalink

TITLE II--AGRICULTURAL PROGRAMSCommentsClose CommentsPermalink

TITLE II--AGRICULTURAL PROGRAMSCommentsClose CommentsPermalink

SEC. 201. EXTENSION OF AGRICULTURAL PROGRAMS.
(a) Commodity Programs- Section 701(b) of the American Taxpayer Relief Act of 2012 (

(1) by striking ‘(1) IN GENERAL- The terms’ and inserting the following:CommentsClose CommentsPermalink

‘(1) COVERED AND LOAN COMMODITIES-CommentsClose CommentsPermalink
‘(A) IN GENERAL- Except as provided in subparagraph (B), the terms’; andCommentsClose CommentsPermalink
(2) by adding at the end the following:CommentsClose CommentsPermalink

‘(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.’.CommentsClose CommentsPermalink
(b) Conservation Programs-CommentsClose CommentsPermalink

(1) CONSERVATION STEWARDSHIP PROGRAM- Notwithstanding section 726 of the Consolidated and Further Continuing Appropriations Act, 2012 (

(2) VOLUNTARY PUBLIC ACCESS- Section 1240R(f)(1) of the Food Security Act of 1985 (

(A) in the heading, by striking ‘FISCAL YEARS 2009 THROUGH 2012’ and inserting ‘MANDATORY FUNDING’; andCommentsClose CommentsPermalink

(B) by inserting ‘, and $5,000,000 for fiscal year 2013’ before the period at the end.CommentsClose CommentsPermalink

(3) DESERT TERMINAL LAKES- Section 2507 of the Farm Security and Rural Investment Act of 2002 (

‘(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.’.CommentsClose CommentsPermalink
(c) Supplemental Nutrition Assistance Program-CommentsClose CommentsPermalink

(1) EMPLOYMENT AND TRAINING PROGRAM- Section 16(h)(1)(A) of the Food and Nutrition Act of 2008 (

(2) NUTRITION EDUCATION- Section 28(d)(1) of the Food and Nutrition Act of 2008 (

(A) in subparagraph (A), by adding ‘and’ after the semicolon at the end; andCommentsClose CommentsPermalink

(B) by striking subparagraphs (B) through (F) and inserting the following:CommentsClose CommentsPermalink

‘(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.’.CommentsClose CommentsPermalink
(d) Research Programs-CommentsClose CommentsPermalink

(1) ORGANIC AGRICULTURE RESEARCH AND EXTENSION INITIATIVE- Section 1672B(f) of the Food, Agriculture, Conservation, and Trade Act of 1990 (

(A) in paragraph (1)--CommentsClose CommentsPermalink

(i) in the heading, by striking ‘FOR FISCAL YEARS 2009 THROUGH 2012’; andCommentsClose CommentsPermalink

(ii) in subparagraph (B), by striking ‘2012’ and inserting ‘2013’;CommentsClose CommentsPermalink

(B) in paragraph (2)--CommentsClose CommentsPermalink

(i) in the heading, by striking ‘FOR FISCAL YEARS 2009 THROUGH 2012’; andCommentsClose CommentsPermalink

(ii) by striking ‘2012’ and inserting ‘2013’; andCommentsClose CommentsPermalink

(C) by striking paragraph (3).CommentsClose CommentsPermalink

(2) SPECIALTY CROP RESEARCH INITIATIVE- Section 412(h) of the Agricultural Research, Extension, and Education Reform Act of 1998 (

(A) in paragraph (1)--CommentsClose CommentsPermalink

(i) in the heading, by striking ‘FOR FISCAL YEARS 2008 THROUGH 2012’; andCommentsClose CommentsPermalink

(ii) by striking ‘2012’ and inserting ‘2013’;CommentsClose CommentsPermalink

(B) in paragraph (2)--CommentsClose CommentsPermalink

(i) in the heading, by striking ‘FOR FISCAL YEARS 2008 THROUGH 2012’; andCommentsClose CommentsPermalink

(ii) by striking ‘2012’ and inserting ‘2013’;CommentsClose CommentsPermalink

(C) by striking paragraph (3); andCommentsClose CommentsPermalink

(D) by redesignating paragraphs (4) and (5) as paragraphs (3) and (4), respectively.CommentsClose CommentsPermalink

(3) BEGINNING FARMER AND RANCHER DEVELOPMENT PROGRAM- Section 7405(h) of the Farm Security and Rural Investment Act of 2002 (

(A) in paragraph (1)--CommentsClose CommentsPermalink

(i) in the heading, by striking ‘FOR FISCAL YEARS 2009 THROUGH 2012’; andCommentsClose CommentsPermalink

(ii) in subparagraph (B), by striking ‘2012’ and inserting ‘2013’;CommentsClose CommentsPermalink

(B) in paragraph (2)--CommentsClose CommentsPermalink

(i) in the heading, by striking ‘FOR FISCAL YEARS 2008 THROUGH 2012’; andCommentsClose CommentsPermalink

(ii) by striking ‘2012’ and inserting ‘2013’; andCommentsClose CommentsPermalink

(C) by striking paragraph (3).CommentsClose CommentsPermalink

(e) Energy Programs-CommentsClose CommentsPermalink

(1) BIOBASED MARKETS PROGRAM- Section 9002(h)(1)(B) of the Farm Security and Rural Investment Act of 2002 (

(2) BIOREFINERY ASSISTANCE- Section 9003(h)(1) of the Farm Security and Rural Investment Act of 2002 (

(A) in subparagraph (A), by striking ‘and’ at the end;CommentsClose CommentsPermalink

(B) in subparagraph (B), by striking the period at the end and inserting ‘; and’; andCommentsClose CommentsPermalink

(C) by adding at the end the following:CommentsClose CommentsPermalink

‘(C) $100,000,000 for fiscal year 2013.’.CommentsClose CommentsPermalink
(3) BIOENERGY PROGRAM FOR ADVANCED BIOFUELS- Section 9005(g)(1) of the Farm Security and Rural Investment Act of 2002 (

(A) in subparagraph (C), by striking ‘and’ at the end;CommentsClose CommentsPermalink

(B) in subparagraph (D), by striking the period at the end and inserting ‘; and’; andCommentsClose CommentsPermalink

(C) by adding at the end the following:CommentsClose CommentsPermalink

‘(E) $55,000,000 for fiscal year 2013.’.CommentsClose CommentsPermalink
(4) BIODIESEL FUEL EDUCATION PROGRAM- Section 9006(d)(1) of the Farm Security and Rural Investment Act of 2002 (

(A) in the heading, by striking ‘FISCAL YEARS 2009 THROUGH 2012- ’ and inserting ‘MANDATORY FUNDING- ’; andCommentsClose CommentsPermalink

(B) by striking ‘2012’ and inserting ‘2013.’CommentsClose CommentsPermalink

(5) RURAL ENERGY FOR AMERICA PROGRAM- Section 9007(g)(1) of the Farm Security and Rural Investment Act of 2002 (

(A) in subparagraph (C), by striking ‘and’ at the end;CommentsClose CommentsPermalink

(B) in subparagraph (D), by striking the period at the end and inserting ‘; and’; andCommentsClose CommentsPermalink

(C) by adding at the end the following:CommentsClose CommentsPermalink

‘(E) $51,000,000 for fiscal year 2013.’.CommentsClose CommentsPermalink
(6) BIOMASS RESEARCH AND DEVELOPMENT- Section 9008(h)(1) of the Farm Security and Rural Investment Act of 2002 (

(A) in subparagraph (C), by striking ‘and’ at the end;CommentsClose CommentsPermalink

(B) in subparagraph (D), by striking the period at the end and inserting ‘; and’; andCommentsClose CommentsPermalink

(C) by adding at the end the following:CommentsClose CommentsPermalink

‘(E) $33,600,000 for fiscal year 2013.’.CommentsClose CommentsPermalink
(7) BIOMASS CROP ASSISTANCE PROGRAM- Section 9011(f)(1) of the Farm Security and Rural Investment Act of 2002 (

(A) in the heading, by striking ‘FISCAL YEARS 2008 THROUGH 2012’ and inserting ‘MANDATORY FUNDING’; andCommentsClose CommentsPermalink

(B) by inserting ‘, and not more than $38,600,000 for fiscal year 2013’ after ‘2012’.CommentsClose CommentsPermalink

(f) Horticulture and Organic Agriculture Programs-CommentsClose CommentsPermalink

(1) FARMERS MARKET PROMOTION PROGRAM- Section 6(e)(1) of the Farmer-to-Consumer Direct Marketing Act of 1976 (

(A) in the heading, by striking ‘FISCAL YEARS 2008 THROUGH 2012- ’ and inserting ‘MANDATORY FUNDING- ’; andCommentsClose CommentsPermalink

(B) subparagraph (C), by striking ‘and 2012’ and inserting ‘through 2013’.CommentsClose CommentsPermalink

(2) NATIONAL CLEAN PLANT NETWORK- Section 10202(e)(1) of the Food, Conservation, and Energy Act of 2008 (

(A) in the heading, by striking ‘FISCAL YEARS 2009 THROUGH 2012- ’ and inserting ‘MANDATORY FUNDING- ’; andCommentsClose CommentsPermalink

(B) by striking ‘2012’ and inserting ‘2013’.CommentsClose CommentsPermalink

(3) NATIONAL ORGANIC CERTIFICATION COST-SHARE PROGRAM- Section 10606(d)(1) of the Farm Security and Rural Investment Act of 2002 (

(A) in the heading, by striking ‘FOR FISCAL YEARS 2008 THROUGH 2012’; andCommentsClose CommentsPermalink

(B) by inserting ‘, and $5,000,000 for fiscal year 2013’ after ‘2012’.CommentsClose CommentsPermalink

(4) ORGANIC PRODUCTION AND MARKET DATA INITIATIVES- Section 7407(d) of the Farm Security and Rural Investment Act of 2002 (

‘(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--CommentsClose CommentsPermalink
‘(A) $5,000,000 for each fiscal year through fiscal year 2012; andCommentsClose CommentsPermalink
‘(B) $1,000,000 for fiscal year 2013.’.CommentsClose CommentsPermalink
(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 (

(1) in the heading, by striking ‘FISCAL YEARS 2009 THROUGH 2012- ’ and inserting ‘MANDATORY FUNDING- ’;CommentsClose CommentsPermalink

(2) in clause (i), by striking ‘and’ at the end;CommentsClose CommentsPermalink

(3) in clause (ii), by striking the period at the end and inserting ‘; and’; andCommentsClose CommentsPermalink

(4) by adding at the end the following:CommentsClose CommentsPermalink

‘(iii) $15,000,000 for fiscal year 2013.’.CommentsClose CommentsPermalink
(h) Rural Development-CommentsClose CommentsPermalink

(1) RURAL MICROENTREPRENEUR ASSISTANCE PROGRAM- Section 379E(d) of the Consolidated Farm and Rural Development Act (

(A) in paragraph (1)(B), by striking ‘fiscal year 2012’ and inserting ‘for each of fiscal years 2012 and 2013’; andCommentsClose CommentsPermalink

(B) in paragraph (2), by striking ‘2012’ and inserting ‘2013’.CommentsClose CommentsPermalink

(2) VALUE-ADDED AGRICULTURAL PRODUCT MARKET DEVELOPMENT GRANTS- Section 231(b)(7) of the Agricultural Risk Protection Act of 2000 (

(A) by striking subparagraph (A) and inserting the following:CommentsClose CommentsPermalink

‘(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--CommentsClose CommentsPermalink
‘(i) on October 1, 2008, $15,000,000; andCommentsClose CommentsPermalink
‘(ii) on October 1, 2012, $3,000,000.’; andCommentsClose CommentsPermalink
(B) in subparagraph (B), by striking ‘2012’ and inserting ‘2013’.CommentsClose CommentsPermalink

SEC. 202. SUPPLEMENTAL AGRICULTURAL DISASTER ASSISTANCE PROGRAMS.
(a) In General- Section 531 of the Federal Crop Insurance Act (

(1) in subsection (b)--CommentsClose CommentsPermalink

(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’;CommentsClose CommentsPermalink

(B) in paragraph (2)(A), in the matter preceding clause (i), by striking ‘60 percent’ and inserting ‘52 percent’; andCommentsClose CommentsPermalink

(C) in paragraph (4)(A)(ii), by striking ‘15 percent’ and inserting ‘100 percent’;CommentsClose CommentsPermalink

(2) in subsection (c), by adding at the end the following:CommentsClose CommentsPermalink

‘(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.’;CommentsClose CommentsPermalink
(3) in subsection (d), by adding at the end the following:CommentsClose CommentsPermalink

‘(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.’;CommentsClose CommentsPermalink
(4) in subsection (e), by adding at the end the following:CommentsClose CommentsPermalink

‘(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.’;CommentsClose CommentsPermalink
(5) in subsection (f), by adding at the end the following:CommentsClose CommentsPermalink

‘(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.’; andCommentsClose CommentsPermalink
(6) in subsection (i), by striking ‘September 30, 2011’ and inserting ‘September 30, 2012’.CommentsClose CommentsPermalink

(b) Effective Date- The amendments made by subsection (a) take effect on October 1, 2011.CommentsClose CommentsPermalink

SEC. 203. NONINSURED CROP ASSISTANCE PROGRAM.
(a) In General- Section 196 of the Federal Agriculture Improvement and Reform Act of 1996 (

(1) in subsection (a)--CommentsClose CommentsPermalink

(A) by striking paragraph (1) and inserting the following:CommentsClose CommentsPermalink

‘(1) IN GENERAL-CommentsClose CommentsPermalink
‘(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--CommentsClose CommentsPermalink
‘(i) catastrophic risk protection available under section 508(b) of the Federal Crop Insurance Act (
7 U.S.C. 1508(b) ); orCommentsClose CommentsPermalink‘(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.CommentsClose CommentsPermalink‘(B) ADMINISTRATION- The Secretary shall carry out this section through the Farm Service Agency (referred to in this section as the ‘Agency’).’; andCommentsClose CommentsPermalink
(B) in paragraph (2)--CommentsClose CommentsPermalink
(i) in subparagraph (A)--CommentsClose CommentsPermalink
(I) in clause (i), by striking ‘and’ after the semicolon at the end;CommentsClose CommentsPermalink
(II) by redesignating clause (ii) as clause (iii); andCommentsClose CommentsPermalink
(III) by inserting after clause (i) the following:CommentsClose CommentsPermalink
‘(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’; andCommentsClose CommentsPermalink
(ii) in subparagraph (B)--CommentsClose CommentsPermalink

(I) by inserting ‘(except ferns)’ after ‘floricultural’;CommentsClose CommentsPermalink

(II) by inserting ‘(except ferns)’ after ‘ornamental nursery’; andCommentsClose CommentsPermalink

(III) by striking ‘(including ornamental fish)’ and inserting ‘(including ornamental fish, but excluding tropical fish)’;CommentsClose CommentsPermalink

(2) in subsection (d), by striking ‘The Secretary’ and inserting ‘Subject to subsection (l), the Secretary’;CommentsClose CommentsPermalink

(3) in subsection (k)(1)--CommentsClose CommentsPermalink

(A) in subparagraph (A), by striking ‘$250’ and inserting ‘$260’; andCommentsClose CommentsPermalink

(B) in subparagraph (B)--CommentsClose CommentsPermalink

(i) by striking ‘$750’ and inserting ‘$780’; andCommentsClose CommentsPermalink

(ii) by striking ‘$1,875’ and inserting ‘$1,950’; andCommentsClose CommentsPermalink

(4) by adding at the end the following:CommentsClose CommentsPermalink

‘(l) Payment Equivalent to Additional Coverage-CommentsClose CommentsPermalink
‘(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--CommentsClose CommentsPermalink
‘(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;CommentsClose CommentsPermalink
‘(B) 100 percent of the average market price for the crop, as determined by the Secretary; andCommentsClose CommentsPermalink
‘(C) a payment rate for the type of crop, as determined by the Secretary, that reflects--CommentsClose CommentsPermalink
‘(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--CommentsClose CommentsPermalink
‘(I) harvested;CommentsClose CommentsPermalink
‘(II) planted but not harvested; orCommentsClose CommentsPermalink
‘(III) prevented from being planted because of drought, flood, or other natural disaster, as determined by the Secretary; orCommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(2) PREMIUM- To be eligible to receive a payment under this subsection, a producer shall pay--CommentsClose CommentsPermalink
‘(A) the service fee required by subsection (k); andCommentsClose CommentsPermalink
‘(B) a premium for the applicable crop year that is equal to--CommentsClose CommentsPermalink
‘(i) the product obtained by multiplying--CommentsClose CommentsPermalink
‘(I) the number of acres devoted to the eligible crop;CommentsClose CommentsPermalink
‘(II) the yield, as determined by the Secretary under subsection (e);CommentsClose CommentsPermalink
‘(III) the coverage level elected by the producer;CommentsClose CommentsPermalink
‘(IV) the average market price, as determined by the Secretary; andCommentsClose CommentsPermalink
‘(ii) 5.25-percent premium fee.CommentsClose CommentsPermalink
‘(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).CommentsClose CommentsPermalink
‘(4) ADDITIONAL AVAILABILITY-CommentsClose CommentsPermalink
‘(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--CommentsClose CommentsPermalink
‘(i) to a 2012 annual fruit crop grown on a bush or tree; andCommentsClose CommentsPermalink
‘(ii) in a county covered by a declaration by the Secretary of a natural disaster for production losses due to a freeze or frost.CommentsClose CommentsPermalink
‘(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).’.CommentsClose CommentsPermalink
(b) Termination Date-CommentsClose CommentsPermalink

(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 repealedCommentsClose CommentsPermalink

(2) ADMINISTRATION- Effective October 1, 2017, section 196 of the Federal Agriculture Improvement and Reform Act of 1996 (

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 (

(1) by striking ‘On the date’ and inserting the following:CommentsClose CommentsPermalink

‘(A) IN GENERAL- On the date’;CommentsClose CommentsPermalink
(2) in subparagraph (A), as so designated, in the second sentence, by inserting ‘subparagraph (B) of this paragraph and’ after ‘the exemptions specified in’; andCommentsClose CommentsPermalink

(3) by adding at the end the following:CommentsClose CommentsPermalink

‘(B) EXEMPTION OF AGRICULTURE, NUTRITION, AND FORESTRY- The following shall be exempt from reduction under any order issued pursuant to this paragraph:CommentsClose CommentsPermalink
‘(i) All programs, projects, and activities of the Commodity Credit Corporation.CommentsClose CommentsPermalink
‘(ii) All programs, projects, and activities of the Federal Crop Insurance Corporation.CommentsClose CommentsPermalink
‘(iii) All programs, projects, and activities carried out under section 32 of the Act of August 24, 1935 (
7 U.S.C. 612c ).CommentsClose CommentsPermalink‘(iv) All other direct spending accounts of the Department of Agriculture.’.CommentsClose CommentsPermalink
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 (

TITLE III--REVENUE PROVISIONSCommentsClose CommentsPermalink

TITLE III--REVENUE PROVISIONSCommentsClose CommentsPermalink

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.CommentsClose CommentsPermalink

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:CommentsClose CommentsPermalink

‘PART VIII--FAIR SHARE TAX ON HIGH-INCOME TAXPAYERS
‘Sec. 59B. Fair share tax.CommentsClose CommentsPermalink
‘SEC. 59B. FAIR SHARE TAX.
‘(a) General Rule-CommentsClose CommentsPermalink
‘(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--CommentsClose CommentsPermalink
‘(A) the amount determined under paragraph (2), andCommentsClose CommentsPermalink
‘(B) a fraction (not to exceed 1)--CommentsClose CommentsPermalink
‘(i) the numerator of which is the excess of--CommentsClose CommentsPermalink
‘(I) the taxpayer’s adjusted gross income, overCommentsClose CommentsPermalink
‘(II) the dollar amount in effect under subsection (c)(1), andCommentsClose CommentsPermalink
‘(ii) the denominator of which is $4,000,000 ($2,000,000 in the case of a married individual who files a separate return).CommentsClose CommentsPermalink
‘(2) AMOUNT OF TAX- The amount of tax determined under this paragraph is an amount equal to the excess (if any) of--CommentsClose CommentsPermalink
‘(A) the tentative fair share tax for the taxable year, overCommentsClose CommentsPermalink
‘(B) the excess of--CommentsClose CommentsPermalink
‘(i) the sum of--CommentsClose CommentsPermalink
‘(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,CommentsClose CommentsPermalink
‘(II) the tax imposed by section 55 for the taxable year, plusCommentsClose CommentsPermalink
‘(III) the payroll tax for the taxable year, overCommentsClose CommentsPermalink
‘(ii) the credits allowable under part IV of subchapter A (other than sections 27(a), 31, and 34).CommentsClose CommentsPermalink
‘(b) Tentative Fair Share Tax- For purposes of this section--CommentsClose CommentsPermalink
‘(1) IN GENERAL- The tentative fair share tax for the taxable year is 30 percent of the excess of--CommentsClose CommentsPermalink
‘(A) the adjusted gross income of the taxpayer, overCommentsClose CommentsPermalink
‘(B) the modified charitable contribution deduction for the taxable year.CommentsClose CommentsPermalink
‘(2) MODIFIED CHARITABLE CONTRIBUTION DEDUCTION- For purposes of paragraph (1)--CommentsClose CommentsPermalink
‘(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--CommentsClose CommentsPermalink
‘(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 toCommentsClose CommentsPermalink
‘(ii) such amount, determined before the application of section 68.CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(c) High-Income Taxpayer- For purposes of this section--CommentsClose CommentsPermalink
‘(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).CommentsClose CommentsPermalink
‘(2) INFLATION ADJUSTMENT-CommentsClose CommentsPermalink
‘(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--CommentsClose CommentsPermalink
‘(i) such dollar amount, multiplied byCommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(d) Payroll Tax- For purposes of this section, the payroll tax for any taxable year is an amount equal to the excess of--CommentsClose CommentsPermalink
‘(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, overCommentsClose CommentsPermalink
‘(2) the deduction allowable under section 164(f) for such taxable year.CommentsClose CommentsPermalink
‘(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).CommentsClose CommentsPermalink
‘(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.’.CommentsClose CommentsPermalink
(b) Clerical Amendment- The table of parts for subchapter A of chapter 1 is amended by adding at the end the following new item:CommentsClose CommentsPermalink
‘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.CommentsClose CommentsPermalink

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:CommentsClose CommentsPermalink

‘SEC. 280I. OUTSOURCING EXPENSES.
‘(a) In General- No deduction otherwise allowable under this chapter shall be allowed for any specified outsourcing expense.CommentsClose CommentsPermalink
‘(b) Specified Outsourcing Expense- For purposes of this section--CommentsClose CommentsPermalink
‘(1) IN GENERAL- The term ‘specified outsourcing expense’ means--CommentsClose CommentsPermalink
‘(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, andCommentsClose CommentsPermalink
‘(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,CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
‘(2) ELIGIBLE EXPENSES- The term ‘eligible expenses’ means--CommentsClose CommentsPermalink
‘(A) any amount for which a deduction is allowed to the taxpayer under section 162, andCommentsClose CommentsPermalink
‘(B) permit and license fees, lease brokerage fees, equipment installation costs, and, to the extent provided by the Secretary, other similar expenses.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
‘(3) BUSINESS UNIT- The term ‘business unit’ means--CommentsClose CommentsPermalink
‘(A) any trade or business, andCommentsClose CommentsPermalink
‘(B) any line of business, or functional unit, which is part of any trade or business.CommentsClose CommentsPermalink
‘(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).CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(c) Special Rules-CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(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).CommentsClose CommentsPermalink
‘(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.’.CommentsClose CommentsPermalink
(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:CommentsClose CommentsPermalink
‘(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)).’.CommentsClose CommentsPermalink
(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:CommentsClose CommentsPermalink
‘Sec. 280I. Outsourcing expenses.’.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
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:CommentsClose CommentsPermalink

‘(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.’.CommentsClose CommentsPermalink
(b) Removing Restrictions Relating to Oil Wells and Extraction Methods- Paragraph (2) of section 4612(a) is amended by striking ‘from a well located’.CommentsClose CommentsPermalink

(c) Clerical Amendment- Subclause (I) of section 4612(e)(2)(B)(ii) is amended by striking ‘tranferred’ and inserting ‘transferred’.CommentsClose CommentsPermalink

(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.CommentsClose CommentsPermalink

Calendar No. 18CommentsClose CommentsPermalink

113th CONGRESSCommentsClose CommentsPermalink

1st SessionCommentsClose CommentsPermalink

S. 388CommentsClose CommentsPermalink

A BILLCommentsClose CommentsPermalink

To appropriately limit sequestration, to eliminate tax loopholes, and for other purposes.CommentsClose CommentsPermalink

February 26, 2013CommentsClose CommentsPermalink

February 26, 2013CommentsClose CommentsPermalink

Read twice and placed on the calendar pursuant to the order of February 14, 2013CommentsClose CommentsPermalink

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U.S. Congress - Text of S.388 as Placed on Calendar Senate American Family Economic Protection Act of 2013



