H.R. 851House113th Congress (2013-2015)In Committee

Bring Jobs Home Act

Introduced February 27, 2013

Legislative Activity

Stay on top of the latest movement without scrolling through every action

1 earlier action
HouseIntro Referral Latest Action

Referred to the House Committee on Ways and Means.

February 27, 2013

View full timeline
HouseIntro Referral

Introduced in House

February 27, 2013

HouseIntro Referral

Referred to the House Committee on Ways and Means.

February 27, 2013

Floor Debate

19 members

What members said about H.R. 851 on the floor

10 Republicans9 Democrats
Louise McIntosh Slaughter
Rep. Louise McIntosh SlaughterD-NY-25 · Jul 30, 2014

Mr. Speaker, I yield myself such time as I may consume, and I thank my good friend from Florida for yielding me the customary 30 minutes. Today, we are taking up the very serious issue of the…

Rob Bishop
Rep. Rob BishopR-UT-1 · Sep 18, 2013

Mr. Speaker, by direction of the Committee on Rules, I call up House Resolution 347 and ask for its immediate consideration. Mr. Speaker, for the purpose of debate only, I yield the customary 30…

Tom Cole
Rep. Tom ColeR-OK-4 · Jul 24, 2014

Madam Speaker, by direction of the Committee on Rules, I call up House Resolution 680 and ask for its immediate consideration. Madam Speaker, for the purpose of debate only, I yield the customary 30…

Jared Polis
Rep. Jared PolisD-CO-2 · Mar 5, 2014

Mr. Speaker, I yield myself such time as I may consume. Well, I want to come to the floor to wish the Republicans a happy anniversary. I brought a gold ring. This is the 50th repeal of ObamaCare. I…

Jared Polis
Rep. Jared PolisD-CO-2 · Sep 18, 2014

I thank the gentleman for yielding me the customary 30 minutes. I yield myself such time as I may consume. Mr. Speaker, I rise today in opposition to the rule and the underlying bills, the so-called…

Show 8 more
Jared Polis
Rep. Jared PolisD-CO-2 · Jul 24, 2014

I thank the gentlewoman for recognizing the great State of Colorado, where we hope to have you visit my district and ski in Vail, or perhaps enjoy the comfortable, temperate summer weather in our…

Michael C. Burgess
Rep. Michael C. BurgessR-TX-26 · Mar 5, 2014

Mr. Speaker, by direction of the Committee on Rules, I call up House Resolution 497 and ask for its immediate consideration. Mr. Speaker, for the purpose of debate only, I yield the customary 30…

Richard B. Nugent
Rep. Richard B. NugentR-FL-11 · Jul 30, 2014

Mr. Speaker, by direction of the Committee on Rules, I call up House Resolution 694 and ask for its immediate consideration. Mr. Speaker, for the purpose of debate only, I yield the customary 30…

Pete Sessions
Rep. Pete SessionsR-TX-32 · Sep 18, 2014

Mr. Speaker, by direction of the Committee on Rules, I call up House Resolution 727 and ask for its immediate consideration. Mr. Speaker, for the purpose of debate only, I yield the customary 30…

Louise McIntosh Slaughter
Rep. Louise McIntosh SlaughterD-NY-25 · Mar 5, 2014

Mr. Speaker, I thank my friend from Texas for yielding me the customary 30 minutes, and I yield myself such time as I may consume. Mr. Speaker, this is just not an ordinary day, this is a very…

Alcee L. Hastings
Rep. Alcee L. HastingsD-FL-20 · Sep 18, 2013

Mr. Speaker, I thank my friend, the gentleman from Utah, for yielding me the customary 30 minutes and, Mr. Speaker, I yield myself such time as I deem necessary. Mr. Speaker, the House faces a number…

James P. McGovern
Rep. James P. McGovernD-MA-2 · Sep 18, 2014

Mr. Speaker, I rise in opposition to this rule. And for the benefit of my colleagues, I want to be very clear about one of the implications of the language in this rule that is before us. A vote for…

Nancy Pelosi
Rep. Nancy PelosiD-CA-12 · Jul 30, 2014

Mr. Speaker, I thank Congresswoman Slaughter, our ranking member on the Rules Committee, for the time and also, more importantly, for her great leadership in so many ways. In so many ways, it has…

Show 11 more
Doug Collins
Rep. Doug CollinsR-GA-9 · Sep 18, 2014

Mr. Speaker, I appreciate the chairman for yielding. I appreciate the opportunity to speak on this rule and the underlying legislation, which I support, because included in the underlying legislation…

Rob Woodall
Rep. Rob WoodallR-GA-7 · Jul 24, 2014

I thank my friend from Oklahoma for yielding me the time. Madam Speaker, the Rules Committee has a tough job, but it is interesting to hear folks down here talking about both their agreement on tax…

Greg Walden
Rep. Greg WaldenR-OR-2 · Sep 18, 2014

Mr. Speaker, the chairman of the Rules Committee has actually read the bills that are in this package and knows that they are much more than what my colleague and friend from Colorado just described.…

Bill Pascrell, Jr.
Rep. Bill Pascrell, Jr.D-NJ-9 · Jul 24, 2014

Mr. Speaker, I rise in opposition to this rule. I urge my colleagues to defeat the previous question, so that we can offer an amendment to consider my legislation, H.R. 851, the Bring Jobs Home Act.…

Peter A. DeFazio
Rep. Peter A. DeFazioD-OR-4 · Sep 18, 2013

I thank the gentleman. Great name. We're really good at messaging around here, particularly on the Republican side. It's got a great name: National Strategic and Critical Minerals Production Act of…

Candice S. Miller
Rep. Candice S. MillerR-MI-10 · Jul 30, 2014

I thank the gentleman for yielding. Mr. Speaker, I rise in support of the rule and the underlying resolution. Mr. Speaker, the ultimate law of our great Nation is not just the important work that we…

Virginia Foxx
Rep. Virginia FoxxR-NC-5 · Sep 18, 2014

Mr. Speaker, I thank the chairman for yielding. Mr. Speaker, I rise in support of the rule and the underlying bill. Each year, Washington imposes thousands of pages of rules and regulations on…

James P. McGovern
Rep. James P. McGovernD-MA-2 · Jul 30, 2014

Mr. Speaker, it is important that we remember why we are here today. We are here today not because of the majority's commitment to the rule of law, but because of politics. We are here because the…

Rosa L. DeLauro
Rep. Rosa L. DeLauroD-CT-3 · Jul 30, 2014

Mr. Speaker, I rise to bring up the Paycheck Fairness Act--for men and women, same job, same pay--to jump-start this middle class, instead of this partisan lawsuit attacking the President of the…

G. K. Butterfield
Rep. G. K. ButterfieldD-NC-1 · Jul 30, 2014

Mr. Speaker, I ask unanimous consent to bring up H.R. 1010, the minimum wage increase, to jump-start the middle class, instead of this partisan lawsuit attacking President Obama. Parliamentary…

Bill Pascrell, Jr.
Rep. Bill Pascrell, Jr.D-NJ-9 · Sep 18, 2013

Thank you, Mr. Hastings. I rise, Mr. Speaker, in strong opposition to the rule and the underlying bill before us today, H.R. 761, the National Strategic and Critical Minerals Production Act of 2013.…

Bill Text

Latest available legislative text

Reading Mode
Latest
Introduced in HouseIssued February 27, 2013

I

113th CONGRESS

1st Session

H. R. 851

IN THE HOUSE OF REPRESENTATIVES

February 27, 2013

Mr. Pascrell (for himself, Ms. Schwartz, Mr. Rangel, Mr. Lewis, Mr. Larson of Connecticut, Mr. Kind, Mr. Neal, Mr. Becerra, Mr. Danny K. Davis of Illinois, Mr. Levin, and Ms. Linda T. Sánchez of California) introduced the following bill; which was referred to the Committee on Ways and Means

A BILL

To amend the Internal Revenue Code of 1986 to encourage domestic insourcing and discourage foreign outsourcing.

1.

Short title

This Act may be cited as the Bring Jobs Home Act.

2.

Credit for insourcing expenses

(a)

In general

Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section:

45S.

Credit for insourcing expenses

(a)

In general

For purposes of section 38, the insourcing expenses credit for any taxable year is an amount equal to 20 percent of the eligible insourcing expenses of the taxpayer which are taken into account in such taxable year under subsection (d).

(b)

Eligible insourcing expenses

For purposes of this section—

(1)

In general

The term eligible insourcing expenses means—

(A)

eligible expenses 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 outside the United States, and

(B)

eligible expenses 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 within the United States,

if such establishment constitutes the relocation of business unit so eliminated. For purposes of the preceding sentence, a relocation shall not be treated as failing to occur merely because such elimination occurs in a different taxable year than such establishment.
(2)

Eligible expenses

The term eligible expenses means—

(A)

any amount for which a deduction is allowed to the taxpayer under section 162, and

(B)

permit and license fees, lease brokerage fees, equipment installation costs, and, to the extent provided by the Secretary, other similar expenses.

Such term does not include any compensation which is paid or incurred in connection with severance from employment and, to the extent provided by the Secretary, any similar amount.
(3)

Business unit

The term business unit means—

(A)

any trade or business, and

(B)

any line of business, or functional unit, which is part of any trade or business.

(4)

Expanded affiliated group

The term expanded affiliated group means an affiliated group as defined in section 1504(a), determined without regard to section 1504(b)(3) and by substituting more than 50 percent for at least 80 percent each place it appears in section 1504(a). A partnership or any other entity (other than a corporation) shall be treated as a member of an expanded affiliated group if such entity is controlled (within the meaning of section 954(d)(3)) by members of such group (including any entity treated as a member of such group by reason of this paragraph).

(5)

Expenses must be pursuant to insourcing plan

Amounts shall be taken into account under paragraph (1) only to the extent that such amounts are paid or incurred pursuant to a written plan to carry out the relocation described in paragraph (1).

(6)

Operating expenses not taken into account

Any amount paid or incurred in connection with the on-going operation of a business unit shall not be treated as an amount paid or incurred in connection with the establishment or elimination of such business unit.

(c)

Increased domestic employment requirement

No credit shall be allowed under this section unless the number of full-time equivalent employees of the taxpayer for the taxable year for which the credit is claimed exceeds the number of full-time equivalent employees of the taxpayer for the last taxable year ending before the first taxable year in which such eligible insourcing expenses were paid or incurred. For purposes of this subsection, full-time equivalent employees has the meaning given such term under section 45R(d) (and the applicable rules of section 45R(e)), determined by only taking into account wages (as otherwise defined in section 45R(e)) paid with respect to services performed within the United States. All employers treated as a single employer under subsection (b), (c), (m), or (o) of section 414 shall be treated as a single employer for purposes of this subsection.

(d)

Credit allowed upon completion of insourcing plan

(1)

In general

Except as provided in paragraph (2), eligible insourcing expenses shall be taken into account under subsection (a) in the taxable year during which the plan described in subsection (b)(5) has been completed and all eligible insourcing expenses pursuant to such plan have been paid or incurred.

(2)

Election to apply employment test and claim credit in first full taxable year after completion of plan

If the taxpayer elects the application of this paragraph, eligible insourcing expenses shall be taken into account under subsection (a) in the first taxable year after the taxable year described in paragraph (1).

(e)

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).

(f)

Regulations

The Secretary shall prescribe such regulations or other guidance as may be necessary or appropriate to carry out the purposes of this section.

.

(b)

Credit To be part of general business credit

Subsection (b) of section 38 of such Code is amended by striking plus at the end of paragraph (35), by striking the period at the end of paragraph (36) and inserting , plus, and by adding at the end the following new paragraph:

(37)

the insourcing expenses credit determined under section 45S(a).

.

(c)

Clerical amendment

The table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by adding at the end the following new item:

.

(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.

(e)

Application to United States possessions

(1)

Payments to possessions

(A)

Mirror code possessions

The Secretary of the Treasury shall make periodic payments to each possession of the United States with a mirror code tax system in an amount equal to the loss to that possession by reason of section 45S of the Internal Revenue Code of 1986. Such amount shall be determined by the Secretary of the Treasury based on information provided by the government of the respective possession.

(B)

Other possessions

The Secretary of the Treasury shall make annual payments to each possession of the United States which does not have a mirror code tax system in an amount estimated by the Secretary of the Treasury as being equal to the aggregate benefits that would have been provided to residents of such possession by reason of section 45S of such Code if a mirror code tax system had been in effect in such possession. The preceding sentence shall not apply with respect to any possession of the United States unless such possession has a plan, which has been approved by the Secretary of the Treasury, under which such possession will promptly distribute such payment to the residents of such possession.

(2)

Coordination with credit allowed against United States income taxes

No credit shall be allowed against United States income taxes under section 45S of such Code to any person—

(A)

to whom a credit is allowed against taxes imposed by the possession by reason of such section, or

(B)

who is eligible for a payment under a plan described in paragraph (1)(B).

(3)

Definitions and special rules

(A)

Possessions of the United States

For purposes of this section, the term possession of the United States includes the Commonwealth of Puerto Rico and the Commonwealth of the Northern Mariana Islands.

(B)

Mirror code tax system

For purposes of this section, the term mirror code tax system means, with respect to any possession of the United States, the income tax system of such possession if the income tax liability of the residents of such possession under such system is determined by reference to the income tax laws of the United States as if such possession were the United States.

(C)

Treatment of payments

For purposes of section 1324(b)(2) of title 31, United States Code, the payments under this section shall be treated in the same manner as a refund due from sections referred to in such section 1324(b)(2).

3.

Denial of deduction for outsourcing expenses

(a)

In general

Part IX of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section:

280I.

Outsourcing expenses

(a)

In general

No deduction otherwise allowable under this chapter shall be allowed for any specified outsourcing expense.

(b)

Specified outsourcing expense

For purposes of this section—

(1)

In general

The term specified outsourcing expense means—

(A)

any eligible expense paid or incurred by the taxpayer in connection with the elimination of any business unit of the taxpayer (or of any member of any expanded affiliated group in which the taxpayer is also a member) located within the United States, and

(B)

any eligible expense paid or incurred by the taxpayer in connection with the establishment of any business unit of the taxpayer (or of any member of any expanded affiliated group in which the taxpayer is also a member) located outside the United States,

if such establishment constitutes the relocation of business unit so eliminated. For purposes of the preceding sentence, a relocation shall not be treated as failing to occur merely because such elimination occurs in a different taxable year than such establishment.
(2)

Application of certain definitions and rules

(A)

Definitions

For purposes of this section, the terms eligible expenses, business unit, and expanded affiliated group shall have the respective meanings given such terms by section 45S(b).

(B)

Operating expenses not taken into account

A rule similar to the rule of section 45S(b)(6) shall apply for purposes of this section.

(c)

Special rules

(1)

Application to deductions for depreciation and amortization

In the case of any portion of a specified outsourcing expense which is not deductible in the taxable year in which paid or incurred, such portion shall neither be chargeable to capital account nor amortizable.

(2)

Possessions treated as part of the United States

For purposes of this section, the term United States shall be treated as including each possession of the United States (including the Commonwealth of Puerto Rico and the Commonwealth of the Northern Mariana Islands).

(d)

Regulations

The Secretary shall prescribe such regulations or other guidance as may be necessary or appropriate to carry out the purposes of this section, including regulations which provide (or create a rebuttable presumption) that certain establishments of business units outside the United States will be treated as relocations (based on timing or such other factors as the Secretary may provide) of business units eliminated within the United States.

.

(b)

Limitation on subpart F income of controlled foreign corporations determined without regard to specified outsourcing expenses

Subsection (c) of section 952 of such Code is amended by adding at the end the following new paragraph:

(4)

Earnings and profits determined without regard to specified outsourcing expenses

For purposes of this subsection, earnings and profits of any controlled foreign corporation shall be determined without regard to any specified outsourcing expense (as defined in section 280I(b)).

.

(c)

Clerical amendment

The table of sections for part IX of subchapter B of chapter 1 of such Code is amended by adding at the end the following new item:

.

(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.