HR 674 · 112th Congress 2011–2013, ended

To amend the Internal Revenue Code of 1986 to repeal the imposition of 3 percent withholding on certain payments made to vendors by government entities, to modify the calculation of modified adjusted gross income for purposes of determining eligibility for certain healthcare-related programs, and for other purposes.

Latest action · Nov 21, 2011 Became Public Law No: 112-56.

Progress

Where this bill reached, and when. A stage with no date was not reached; one that failed a vote and later carried shows the date it carried.

  1. IntroducedFeb 11, 2011
  2. Passed HouseOct 27, 2011
  3. Passed SenateNov 10, 2011
  4. To the PresidentNov 19, 2011
  5. Became lawNov 21, 2011Public Law 112-56

Summary

(This measure has not been amended since it was passed by the Senate on November 10, 2011. The summary of that version is repeated here.)

Title I: Three Percent Withholding Repeal and Job Creation Act - 3% Withholding Repeal and Job Creation Act - Amends the Internal Revenue Code to repeal the 3% withholding requirement on payments due to vendors providing goods and services to federal, state, and local governmental entities.

Title II: VOW to Hire Heroes - VOW to Hire Heroes Act of 2011 - Subtitle A: Retraining Veterans - (Sec. 211) Directs the Secretary of Veterans Affairs (VA), by July 1, 2012, to establish and commence a program of retraining assistance for veterans who: (1) are at least 35 but not more than 60 years of age, (2) were last discharged from active-duty service under conditions other than dishonorable, (3) are unemployed, (4) are not eligible for educational assistance under other VA programs, (5) are not in receipt of compensation for a service-connected disability rated total due to unemployability, (6) were not enrolled in any federal or state job training program at any time during the 180-day period ending on the date of application for assistance, and (7) applies for such assistance by October 1, 2013. Entitles each eligible veteran to up to 12 months of job training assistance toward a high-demand occupation. Requires the Secretary of Labor to contact each such veteran within 30 days after completion or termination of such training or assistance in order to facilitate employment. Requires: (1) such Secretaries to enter into a joint agreement to carry out such assistance, and (2) the VA Secretary to report to Congress on assistance provided. Provides funding. Terminates assistance authority on March 31, 2014.

Subtitle B: Improving the Transition Assistance Program - (Sec. 221) Directs the Secretaries of Defense (DOD) and Homeland Security (DHS) to require the participation of members of the Armed Forces (members) being separated from active duty, and their spouses, in DOD's transition assistance program (TAP). Allows such Secretaries to waive the participation requirement with respect to: (1) such groups or classifications of members for whom participation is not, and would not be, of assistance since such members are unlikely to face major readjustment, health care, employment, or other challenges associated with transition to civilian life; and (2) individual members possessing specialized skills who are needed to support a unit's imminent deployment.

(Sec. 222) Requires the Secretary of Labor to contract with a qualified organization to conduct a study to identify any equivalences between the skills developed by members through various military occupational specialties and the qualifications required for various positions of civilian employment. Requires a report on study results from the contractor to such Secretary, which shall be transmitted to Congress. Requires the skills equivalencies to be published on the Internet and regularly updated. Directs the Secretary of Defense to ensure that each member participating in TAP receive an individualized equivalencies assessment and to make each assessment available to the Secretaries of VA and Labor.

(Sec. 223) Requires: (1) the VA Secretary to contract with appropriate contractors to provide TAP functions at all locations where TAP is being carried out, and (2) such contractors to provide members being separated from active duty, and their spouses, with appropriate TAP services. Requires such contracts to be entered into within two years after the enactment of this Act.

(Sec. 224) Authorizes the Secretaries of Labor, VA, DHS, and DOD, in carrying out TAP, to contract with private entities that have experience with instructing members on relevant topics on job training and job searching, including academic readiness and educational opportunities.

(Sec. 225) Authorizes the Secretaries of DOD and DHS, as part of TAP, to permit an eligible member to participate in an apprenticeship or pre-apprenticeship program that provides them with the education, training, and services necessary to transition to meaningful employment.

(Sec. 226) Directs the Comptroller General (CG) to conduct a review of TAP, and to submit review results and recommendations to Congress.

Subtitle C: Improving the Transition of Veterans to Civilian Employment - (Sec. 231) Amends the Wounded Warrior Act to extend through 2014 the authority of the VA Secretary to provide the same rehabilitation and vocational benefits to members with severe injuries or illnesses as are provided to veterans.

(Sec. 232) Expands the authority of the VA Secretary to make payments to employers to provide on-job training to veterans to include veterans who have not been rehabilitated to the point of employability.

(Sec. 233) Entitles certain veterans with service-connected disabilities who have exhausted their rights to unemployment benefits to participation in an additional VA rehabilitation program. Limits the duration of such a program to 12 months. Makes the 12-year period of eligibility for a VA rehabilitation program inapplicable under such additional program. Directs the CG to review the VA training and rehabilitation program, and report review results to Congress.

(Sec. 234) Directs the VA Secretary to award grants to up to three nonprofit organizations under a two-year collaborative veterans' training, mentoring, and placement program for eligible veterans seeking employment. Requires such Secretary to: (1) report to Congress on the process for awarding such grants, (2) assess the performance of grant recipients, and (3) report assessment results to Congress. Authorizes appropriations.

(Sec. 235) Treats an individual as a veteran, a disabled veteran, or a preference eligible for purposes of appointments to federal competitive service positions if the individual meets all other qualifications except for the requirement of discharge or release from active duty under honorable conditions, as long as such individual submits to the federal officer making the appointment a certification that he or she is expected to be discharged or released under honorable conditions within 120 days after submission of the certification. Requires the Director of the Office of Personnel Management (OPM) to: (1) designate agencies to establish a program to provide employment assistance to members being separated from active duty, and (2) ensure that such programs are coordinated with TAP.

(Sec. 236) Authorizes the DOD Secretary to establish a two-year pilot program to assess the feasibility and advisability of providing to members on terminal leave work experience with civilian employees and contractors of DOD to facilitate the transition of such members from military service to employment in the civilian labor market. Requires a pilot program report from such Secretary to Congress.

(Sec. 237) Requires (under current law, authorizes) the Assistant Secretary for Veterans' Employment and Training to carry out a two-year demonstration project on the credentialing and licensing of veterans. Requires the Assistant Secretary of Labor of Veterans' Employment and Training to: (1) conduct a study comparing the costs incurred by DOD in training members for military occupational specialties selected for the demonstration project with costs incurred by the VA and Department of Labor in providing employment-related assistance to veterans who previously held such military occupational specialties, and (2) report study results to Congress.

(Sec. 238) Requires the inclusion of TAP performance measures in annual Department of Labor reports on veterans job counseling, training, and placement programs.

(Sec. 239) Directs the Secretary of Labor to include in such annual reports with respect to the 2003 program year and thereafter an evaluation of whether eligible veterans are receiving priority of service and are being fully served by qualified job training programs.

(Sec. 240) Directs the VA Secretary to require that each disabled veterans' outreach program specialist and local veterans' employment representative who receives training by the National Veterans' Employment and Training Services Institute is given a final training examination.

(Sec. 241) Requires each of the above specialists and representatives to perform only duties related to the employment, training, and placement needs of veterans, and not other duties that detract from their ability to perform such duties. Directs the VA Secretary to conduct regular audits to ensure compliance with such requirement.

Subtitle D: Improvements to Uniformed Services Employment and Reemployment Rights - (Sec. 251) Includes the terms, conditions, or privileges of employment within the benefits and rights of employment for purposes of the Uniformed Services Employment and Reemployment Rights Act.

Subtitle E: Other Matters - (Sec. 261) Amends the Internal Revenue Code to: (1) increase the amount of wages eligible for the work opportunity tax credit for veterans who are hired after being unemployed for six months or more during the one-year period ending on the hiring date ($14,000 of first-year wages) or disabled veterans who are either hired within one year after discharge from active duty ($12,000 of first-year wages) or who are hired after being unemployed for six months or more during the one-year period ending on the hiring date ($24,000 of first-year wages), and (2) allow tax-exempt organizations to claim the lesser of the amount of the work opportunity tax credit for hiring veterans or the amount of the payroll taxes paid by such organizations during the calendar year. Extends through 2012 such credit with respect to such veterans. Provides a credit against payroll taxes for qualified tax-exempt organizations employing such veterans.

(Sec. 262) Extends through FY2016 the current $90 limit on VA pension paid to veterans residing in nursing homes when their nursing costs are paid through title XIX (Medicaid) of the Social Security Act.

(Sec. 263) Limits VA payments for ambulance services to the lesser of the actual charges or the rates permitted under title XVIII (Medicare) of the Social Security Act.

(Sec. 264) Extends through FY2016 VA authority to obtain veterans' income verification information from the Commissioner of Social Security or the Secretary of the Treasury.

(Sec. 265) Extends through FY2016 VA authority to charge a loan fee for certain subsequent housing loans made to veterans.

Title III: Other Provisions Relating to Federal Vendors - (Sec. 301) Amends the Internal Revenue Code to extend the 100% continuing levy for delinquent taxes to payments due to a vendor of property (currently, goods or services) sold or leased to the federal government.

(Sec. 302) Directs the Secretary of the Treasury, in consultation with the Director of the Office of Management and Budget (OMB) and federal agency heads, to conduct and report on a study on ways to reduce the amount of federal tax owed but not paid by persons submitting bids or proposals for the procurement of property or services by the federal government.

Title IV: Modification of Calculation of Modified Adjusted Gross Income for Determining Certain Healthcare Program Eligibility - (Sec. 401) Amends the Internal Revenue Code to include social security benefits that are excluded from gross income in the calculation of modified adjusted gross income for purposes of determining eligibility for the tax credit for coverage under a qualified health plan.

Requires the Secretary of the Treasury, annually, to estimate the impact of the modification to adjusted gross income made by this title on the income and balances of the social security trust funds and, not less frequently than quarterly, to transfer from the general fund an amount sufficient to prevent any reduction in the income and balances of such trust funds.

Title V: Budgetary Effects - (Sec. 501) Provides for compliance of the budgetary effects of this Act with the Statutory Pay-As-You-Go Act of 2010.

Recorded votes 5

Newest first. Open one to see how every member voted.

Roll callQuestionResultDate
House 853Passed422–0Nov 16, 2011
Senate 204Bill Passed95–0Nov 10, 2011
Senate 198Cloture on the Motion to Proceed Agreed to94–1Nov 7, 2011
House 815Passed405–16Oct 27, 2011
House 814Failed183–235Oct 27, 2011

Cosponsors 269

Members who signed on, in the order they did. Signatures ran from Feb 11, 2011 to Oct 13, 2011; 10 are original cosponsors, there from the day it was introduced.

SeatCosponsorSigned on
D-NYCharles B. RangelOriginalFeb 11, 2011
D-MDChris Van HollenOriginalFeb 11, 2011
R-INDan BurtonOriginalFeb 11, 2011
R-CADevin NunesOriginalFeb 11, 2011
D-OREarl BlumenauerOriginalFeb 11, 2011
D-VAGerald E. ConnollyOriginalFeb 11, 2011
R-SCJoe WilsonOriginalFeb 11, 2011
D-NVShelley BerkleyOriginalFeb 11, 2011
R-WIThomas E. PetriOriginalFeb 11, 2011
R-CATom McClintockOriginalFeb 11, 2011
R-TNJohn J. Duncan, Jr.Feb 15, 2011
R-COMike CoffmanFeb 18, 2011
D-WARick LarsenFeb 18, 2011
R-WVShelley Moore CapitoFeb 18, 2011
R-NVDean HellerMar 1, 2011

Committees 1

Where it was sent and what each committee and subcommittee did with it, in order.

ChamberCommitteeWhat it did
HouseWays and Means Committee
Referred Feb 11, 2011Markup Oct 13, 2011Reported Oct 18, 2011

Actions 41

Everything that happened, newest first.

  1. Nov 21, 2011Signed by President.
  2. Nov 21, 2011Became Public Law No: 112-56.
  3. Nov 19, 2011Presented to President.
  4. Nov 16, 2011Mr. Camp moved that the House suspend the rules and concur in the Senate amendment. (consideration: CR H7643-7661, H7690-7691)
  5. Nov 16, 2011DEBATE - The House proceeded with forty minutes of debate on concurring in the Senate amendment to H.R. 674.
  6. Nov 16, 2011POSTPONED PROCEEDINGS - At the conclusion of debate, the Yeas and Nays were demanded and ordered. Pursuant to the provisions of clause 8, rule XX, the Chair announced that further proceedings on the motion would be postponed.
  7. Nov 16, 2011Resolving differences -- House actions: On motion that the House suspend the rules and agree to the Senate amendment Agreed to by the Yeas and Nays: (2/3 required): 422 - 0 (Roll no. 853). (text as House agreed to Senate amendment: CR H7643-7650)
  8. Nov 16, 2011Motion to reconsider laid on the table Agreed to without objection.
  9. Nov 10, 2011Considered by Senate. (consideration: CR S7330-7336, S7336-7346)
  10. Nov 10, 2011Passed/agreed to in Senate: Passed Senate with an amendment by Yea-Nay Vote. 95 - 0. Record Vote Number: 204. (text: CR S7339-7345)
  11. Nov 10, 2011Message on Senate action sent to the House.
  12. Nov 9, 2011Considered by Senate. (consideration: CR S7263-7288)
  13. Nov 8, 2011Motion to proceed to measure considered in Senate. (consideration: CR S7173-7183)
  14. Nov 8, 2011Motion to proceed to consideration of measure agreed to in Senate by Unanimous Consent. (consideration: CR S7183)
  15. Nov 8, 2011Measure laid before Senate by motion. (consideration: CR S7183)
  16. Nov 7, 2011Motion to proceed to measure considered in Senate. (consideration: CR S7151)
  17. Nov 7, 2011Cloture on the motion to proceed to the measure invoked in Senate by Yea-Nay Vote. 94 - 1. Record Vote Number: 198. (consideration: CR S7151; text: CR S7151)
  18. Nov 3, 2011Motion to proceed to consideration of measure made in Senate. (consideration: CR S7141)
  19. Nov 3, 2011Cloture motion on the motion to proceed to the measure presented in Senate. (consideration: CR S7141; text: CR S7141)
  20. Nov 1, 2011Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 212.
  21. Oct 31, 2011Received in the Senate. Read the first time. Placed on Senate Legislative Calendar under Read the First Time.
  22. Oct 27, 2011Considered under the provisions of rule H. Res. 448. (consideration: CR H7139-7143)
  23. Oct 27, 2011Rule provides for consideration of H.R. 2576 and H.R. 674 with 1 hour of general debate on each measure. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions for each measure. Measures will be considered read. Bills are closed to amendments. The resolution waives all points of order against consideration of both bills and directs the Clerk, in the engrossment of H.R. 674, to add the text of H.R. 2576, as passed by the House, as new matter at the end of H.R. 674.
  24. Oct 27, 2011DEBATE - The House proceeded with one hour of debate on H.R. 674.
  25. Oct 27, 2011The previous question was ordered without objection. (consideration: CR H7143)
  26. Oct 27, 2011Pursuant to clause 1(c) of rule 19, further consideration of the bill is postponed.
  27. Oct 27, 2011Considered as unfinished business. (consideration: CR H7149-7151)
  28. Oct 27, 2011Mr. Andrews moved to recommit with instructions to Ways and Means. (consideration: CR H7149-7150; text: CR H7149)
  29. Oct 27, 2011DEBATE - The House proceeded with 10 minutes of debate on the Andrews motion to recommit with instructions. The instructions contained in the motion seek strike the entire bill and add language to deny relief to companies that are delinquent in paying their federal taxes.
  30. Oct 27, 2011The previous question on the motion to recommit with instructions was ordered without objection. (consideration: CR H7150)
  31. Oct 27, 2011On motion to recommit with instructions Failed by recorded vote: 183 - 235 (Roll no. 814).
  32. Oct 27, 2011Passed/agreed to in House: On passage Passed by the Yeas and Nays: 405 - 16 (Roll no. 815). (text: CR H7143)
  33. Oct 27, 2011Motion to reconsider laid on the table Agreed to without objection.
  34. Oct 26, 2011Rule H. Res. 448 passed House.
  35. Oct 25, 2011Rules Committee Resolution H. Res. 448 Reported to House. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. The resolution waives all points of order against consideration of the bills. It directs the Clerk to, in the engrossment of H.R. 674, add the test of H.R. 2576, as passed by the
  36. Oct 18, 2011Reported by the Committee on Ways and Means. H. Rept. 112-253.
  37. Oct 18, 2011Placed on the Union Calendar, Calendar No. 169.
  38. Oct 13, 2011Committee Consideration and Mark-up Session Held.
  39. Oct 13, 2011Ordered to be Reported by Voice Vote.
  40. Feb 11, 2011Introduced in House
  41. Feb 11, 2011Referred to the House Committee on Ways and Means.

In the Congressional Record 15

Days the Record’s own index lists this bill, newest first, with the pages and the members it names. Pages starting H are the House, S the Senate, E Extensions of Remarks.

WhereIn the RecordMembersDate
HouseDebate and remarks H7635, H7639, H7643–H7661, H76611Amendments H7644Recorded votes H7690Senate amendmentExplanations H7652–H7657Section on Reducing Veterans' Unemployment by Ensuring Training and Transition Assistance and Providing Incentives to Employers for Hiring VeteransAl Green D-TX, Allyson Y. Schwartz D-PA, Bob Filner D-CA, Carolyn B. Maloney D-NY, Chris Van Hollen D-MD, Dave Camp R-MI, Diane Black R-TN, Earl Blumenauer D-OR, Jason Altmire D-PA, Jeff Miller R-FL, John D. Dingell D-MI, John Lewis D-GA, Kevin Brady R-TX, Marlin A. Stutzman R-IN, Mick Mulvaney R-SC, Ron Kind D-WI, Rush Holt D-NJ, Sander M. Levin D-MI, Sanford D. Bishop, Jr. D-GA, Wally Herger R-CANov 16, 2011
SenateDebate and remarks S7422Mitch McConnell R-KYNov 15, 2011
SenateDebate and remarks S7395Harry Reid D-NVNov 14, 2011
SenateDebate and remarks S7307, S7326–S7328, S7330–S7346Amendments S7330, S7339, S7369, S7386Recorded votes S7338, S7339McCain amendment (create jobs through spending cuts, tax reform, regulatory burden reduction, domestic energy development, and export promotion)Tester amendment (reduce veterans unemployment by ensuring training and transition assistance and providing hiring incentives to employers)Amy Klobuchar D-MN (amendment), Ben Nelson D-NE (amendment), Bill Nelson D-FL (amendment), Carl Levin D-MI, Christopher A. Coons D-DE, James M. Inhofe R-OK, Jim DeMint R-SC, Joe Manchin III D-WV, Jon Tester D-MT (amendment), Kay R. Hagan D-NC, Mark R. Warner D-VA, Mitch McConnell R-KY, Olympia J. Snowe R-ME, Rand Paul R-KY, Scott P. Brown R-MANov 10, 2011
SenateDebate and remarks S7229, S7230, S7238, S7263–S7281, S7284, S7287Amendments S7295, S7303Amy Klobuchar D-MN, Benjamin L. Cardin D-MD, Bob Corker R-TN, Dean Heller R-NV (amendment), Jack Reed D-RI, John Barrasso R-WY, John D. Rockefeller IV D-WV (amendment), John McCain R-AZ, Jon Kyl R-AZ (amendment), Kay R. Hagan D-NC, Mark Begich D-AK, Mark R. Warner D-VA (amendment), Michael F. Bennet D-CO, Mitch McConnell R-KY, Patty Murray D-WA, Rand Paul R-KY, Richard Blumenthal D-CT (amendment), Richard J. Durbin D-IL (amendment), Rob Portman R-OH, Robert Menendez D-NJ, Robert P. Casey Jr. D-PA (amendment), Ron Johnson R-WI, Sheldon Whitehouse D-RI (amendment), Tom Coburn R-OK (amendment)Nov 9, 2011

Research

What has been written about this bill: committee reports, cost estimates, the sponsor’s authority statement, printed hearings and the Congressional Research Service’s work.

Committee report

Congressional Budget Office cost estimates 3

  1. Nov 30, 2011Senate Amendment 927 to H.R. 674Cost estimate for the amendment as proposed on November 8, 2011
  2. Oct 31, 2011H.R. 674, A bill to Amend the Internal Revenue Code of 1986 to Repeal the Imposition of 3 Percent Withholding on Certain Payments Made to Vendors by Government EntitiesCost estimate for the bill as ordered reported by the House Committee on Ways and Means on October 13, 2011
  3. Oct 31, 2011H.R. 674, A bill to amend the Internal Revenue Code of 1986 to repeal the imposition of 3 percent withholding on certain payments made to vendors by government entitiesCost estimate for the bill as reported by the House Committee on Ways and Means on October 18, 2011

Constitutional authority

Congress has the power to enact this legislation pursuant to the following: Article I, Section 8, Clause 1.

The sponsor’s statement, as printed in the page H725.

Printed hearings 3

Hearings whose printed record names this bill, newest first: hearings on it, and wider hearings where it came up.

NumberHearingCommitteeHeld
Serial No. 112-51JOINT HEARING TO RECEIVE LEGISLATIVE PRESENTATION OF VETERANS SERVICE ORGANIZATIONS122 pagesVeterans' Affairs CommitteeMar 22, 2012
Serial No. 112-017DEFER NO MORE: THE NEED TO REPEAL THE 3% WITHHOLDING PROVISION203 pagesSmall Business CommitteeMay 26, 2011
Serial No. 112-43REGULATORY IMPEDIMENTS TO JOB CREATION IN THE NORTHEAST--PART II81 pagesOversight and Government Reform CommitteeApr 20, 2011

CRS reports 29

Congressional Research Service work that CRS links to this bill or the law it became, newest first.

Cite it 29

Products on other subjects that cite it, usually among other measures.

Amendments 8

Amendments offered to this bill.

AmendmentDescriptionOffered byStatus
HAmdt 847Pursuant to the provisions of H.Res. 448 the text of the amendment is printed in the report.Rules CommitteeHouse amendment offered
SA 924No description on fileJohn McCain R-AZSenate amendment submitted
SA 925No description on fileJohn McCain R-AZSenate amendment submitted
SA 926No description on fileJohn Thune R-SDSenate amendment submitted
SA 927To amend the Internal Revenue Code of 1986 to permit a 100 percent levy for payments to Federal vendors relating to property, to require a study on how to reduce the amount of Federal taxes owed but not paid by Federal contractors, and to make certain improvements in the laws relating to the employment and training of veterans.Jon Tester D-MTAmendment SA 927 as modified, under the order of 11/8/2011, having achieved 60 votes in the affirmative, was agreed to in Senate by Yea-Nay Vote. 94 - 1. Record Vote Number: 203. (text as modified: CR S7330-7336)

Related bills 5

Companion bills and other measures the record links to this one.

Titles 7

Every title it has carried, official and short, at each stage.

Official Title as Introduced
To amend the Internal Revenue Code of 1986 to repeal the imposition of 3 percent withholding on certain payments made to vendors by government entities.
Official Titles as Amended by House
To amend the Internal Revenue Code of 1986 to repeal the imposition of 3 percent withholding on certain payments made to vendors by government entities, to modify the calculation of modified adjusted gross income for purposes of determining eligibility for certain healthcare-related programs, and for other purposes.
Short Titles as Passed House for portions of this bill
3% Withholding Repeal and Job Creation Act
Short Titles as Passed Senate for portions of this bill
3% Withholding Repeal and Job Creation Act
VOW to Hire Heroes Act of 2011
Short Titles as Enacted for portions of this bill
VOW to Hire Heroes Act of 2011
3% Withholding Repeal and Job Creation Act

Subjects

Assigned by the Library of Congress. Policy area: Taxation.

Text 6

Each version as it was printed, newest first.

  1. —Enrolled Bill
  2. Nov 10, 2011Engrossed Amendment Senate
  3. Nov 1, 2011Placed on Calendar Senate
  4. Oct 27, 2011Engrossed in House
  5. Oct 18, 2011Reported in House
  6. Feb 11, 2011Introduced in House

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Everything here is as published by Congress: the summary is the Congressional Research Service's, the action wording is the clerks', and the subjects are the Library of Congress's. How far it got is read from the actions themselves, taking the most recent one of each kind, so a bill that failed a vote and later passed is shown as having passed. Records come from this bill on Congress.gov and govinfo.gov; cost estimates are the Congressional Budget Office's, and the hearings are the printed hearings GovInfo publishes, which can appear months after the hearing.