Retirement Plan Modernization Act Introduced in the House

Source: Tim Walberg (R-MI, 7th)



Washington, D.C. - October 30, 2017 (The Ponder News) -- U.S. Congressmen Tim Walberg (MI-07) and Gregorio Kilili Camacho Sablan (MP-00) introduced the Retirement Plan Modernization Act, bipartisan legislation to help make it easier for small businesses to offer retirement plans while keeping fees down for employees. H.R. 4158 helps small businesses better manage the administrative expenses of retirement plans by providing a long-overdue update to the automatic IRA rollover limit for former employees’ assets.

“Far too many families in Michigan are struggling to save for their retirement years,” said Congressman Walberg. “Often businesses will cite not having enough resources to administer a plan, as a key reason for not offering retirement benefits. This bipartisan bill is a commonsense step in our efforts to empower every American to retire with financial security and peace of mind. By reducing administrative costs, we can help more small businesses offer retirement benefits and ensure employees are not needlessly stuck paying higher fees.”

“Our legislation reduces administrative costs in retirement plans for active employees and updates a two decade old standard for automatic rollovers,” said Congressman Sablan. “Chairman Walberg and I continue to work together to find bipartisan agreement on practical fixes like this that benefit employers and employees throughout America.”

“The Chamber thanks Chairman Walberg and Ranking Member Sablan for introducing the bipartisan Retirement Plan Modernization Act. Increasing the cash-out limit is long overdue. It has not been touched in 19 years and is not subject to indexing, unlike many other limits in the retirement system. Updating both of these flaws will streamline retirement plan administration and reduce burdens for employers, especially small businesses,” said Randy Johnson, Senior Vice President of Labor, Immigration, and Employee Benefits at the U.S. Chamber of Commerce.

“Increasing the threshold for employers to cash-out retirement plan accounts brings us into the 21st century and reduces administrative expenses which in turn makes it easier for employers to maintain retirement plans and for employees to keep their retirement assets with them as they move jobs,” said Lynn Dudley, Senior Vice President, Global Retirement and Compensation Policy at the American Benefits Council.

Under current law, automatic IRA rollovers occur if a participant is no longer employed by the employer sponsoring the retirement plan and their balance is between $1,000 and $5,000. Congress has periodically adjusted the cash-out limit over the years to reflect increasing costs of administration; however, the last time it was updated was 1997. The Retirement Plan Modernization Act would raise the automatic IRA rollover limit, based on the rate of inflation, from $5,000 to $7,600 and allow for future increases to be indexed for inflation.

Congressman Walberg serves as Chairman of the Subcommittee on Health, Employment, Labor, and Pensions while Congressman Sablan serves as Ranking Member of the subcommittee. For more information on Walberg's work in Congress visit walberg.house.gov.

Driver Fatigue Prevention Act Introduced in the House

Source: Jackie Speier (D-CA, 14th)



Washington, D.C. - October 30, 2017 (The Ponder News) -- As cities across the country have seen a sharp increase in the number of tragic bus accidents, and driver related issues are a major contributor to these accidents, U.S. Representative Jackie Speier (D-CA) has introduced the Driver Fatigue Prevention Act to address the problems associated with driver fatigue. As it stands now, bus drivers are exempt from the Fair Labor Standards Act (FLSA) overtime provisions, which cover the majority of America workers. This legislation would extend these overtime provisions to intercity bus drivers. U.S. Senator Bob Casey (D-PA) introduced companion legislation in the Senate.

When bus drivers are overworked and fatigued, there is a greater likelihood of accidents, injuries and deaths,” Rep. Jackie Speier (D-CA, 14th) said. “We can’t afford it. We owe Americans safety on the roadways.”

“We know that driver fatigue is causing accidents and we have an obligation to do something about it,” Senator Casey said. “By ensuring that employers must compensate their bus drivers for every hour of work completed, they are less likely to overwork their employees. If my colleagues are serious about making our roads safer, than we must pass this legislation.”

Among other benefits, the Driver Fatigue Prevention Act would help to ensure that drivers are compensated for the full amount of work that they complete, thus making employers less like to overwork their drivers.

Surviving Spouses Income Security Act, H.R. 4106, Introduced in the House

Source: Jacky Rosen (D-NV, 3rd)



Washington, D.C. - October 30, 2017 (The Ponder News) -- Congresswoman Jacky Rosen (NV-03) released the following statement after she helped introduce Congresswoman Carol Shea-Porter’s (NH-01) Surviving Spouses Income Security Act, H.R. 4106, designed to improve the formula used to allocate benefits and compensation to Gold Star Families -- the family members of deceased service members:

“When a service member is laid to rest for their sacrifice to our country, the very least we can do as a nation is to ensure the financial stability of their loved ones,” said Rosen. “By increasing payments to Gold Star Families and securing their access to benefits, we can honor and comfort the surviving spouses and children of fallen service members. I am proud to work with Congresswoman Shea-Porter on this legislation and will continue to honor service members and their families and work to help them obtain their much-deserved benefits and resources.”

BACKGROUND: Introduced earlier this week, H.R. 4106 would improve “dependency and indemnity compensation” (DIC), which is a payment made to the surviving dependents of either a deceased active duty service member, retired military member who has died from a service-connected cause, or a veteran who was rated 100% disabled for a period of ten years prior to a death, not caused by their service-connected condition. The Surviving Spouses Income Security Act creates a new Dependents and Survivors Income Security (DSIS) benefit, equal to 55% of the rate of compensation for a veteran with a 100% service-connected disability. Currently, DIC to military families is not equivalent to that paid to surviving family members of civilian federal employees who are killed while performing their duties, and this bill would more closely align these benefits.

According to the U.S. Department of Veteran Affairs, 3,662 Nevadans are beneficiaries of the VA Dependency and Indemnity Compensation Benefit, which is paid to Gold Star Families, surviving spouses and family members of veterans who pass away as a result of their service-connected disability, and survivors of veterans who were 100% service-connected disabled for at least 10 years before their death. The benefit is often much less than VA disability compensation paid prior to the veteran’s death.

Rohrabacher Applauds House Probe into Clinton-Russia Collusion

Source: Dana Rohrabacher (R-CA, 48th)



Washington, D.C. - October 30, 2017 (The Ponder News) -- Concerning moves this week by the Republican leadership to conduct joint investigations by the House Intelligence Committee and the Government Oversight and Reform Subcommittee on National Security, Rep. Dana Rohrabacher, chairman of the House Foreign Affairs Subcommittee on Europe, Eurasia, and Emerging Threats, released the following statement:

“Emerging from the aftermath of last year’s presidential election is evidence of collusion and a cauldron of corruption that appears to be one of the most significant national security scandals in my lifetime. The Uranium One sale raises serious questions involving the Russians and payments made to the Clinton Foundation – as well as a half-million-dollar speaker fee paid directly to Bill Clinton. If those foundation donations – more than $145 million – are connected to the Uranium transaction, then the American people need to know the facts. For longer than a year, the media have been pushing the Trump–Russia narrative down America’s throat. This could well turn out to be one of the biggest frauds in our country’s history, made even worse by substantiation of the Clintons’ collusion with Russia.

“I applaud the Republican House leadership, which is now stepping up to uncover and disclose this corrupt and fraudulent activity by the Democratic Party. Those crimes apparently were committed as the Democrats and their leftwing allies conducted a bogus media campaign against the Trump presidency. I am confident the leadership – including Rep. Devin Nunes, R-CA, Rep. Ron DeSantis, R-FLA, and Rep. Peter King, R-NY – will shed investigative light on the hypocrisy and fraud foisted on the American people by last year’s Democratic presidential campaign of Hillary Clinton.”

New Economy Works to Guarantee Independence and Growth (NEW GIG) Act Introduced in the House

Source: Tom Rice (R-SC, 7th)




Washington, D.C. - October 30, 2017 (The Ponder News) -- Congressman Tom Rice (R-S.C.) today introduced the New Economy Works to Guarantee Independence and Growth (NEW GIG) Act, legislation that clarifies provisions in the tax code that classify workers as either independent contractors or employees. Right now, freelance-style workers are often left struggling to understand the complicated and subjective tax code as it applies to their style of work. The NEW GIG Act creates a safe harbor that allows workers to comply with a simple set of objective factors to be classified as an independent contractor, creating simplicity and continuity instead of complex rules. The bill also strengthens tax reporting requirements for independent contractors in order to reduce confusion and promote greater compliance. Senator John Thune (R-S.D.) introduced companion legislation in the Senate earlier this year.

“America is the land of opportunity and ‘gig-economy’ jobs are helping expand that opportunity for people in South Carolina and all across the country,” said Congressman Rice. “Now people can go on their phones and be hired for home maintenance repairs or ride-sharing services almost instantly. The NEW GIG Act serves to bolster this booming sector of our economy while reducing the complexity in worker classification that exists today. I look forward to working with Senator Thune and the stakeholders in the on-demand community to further improve this area of the tax code and provide these workers certainty.”

“Today’s fast-growing ‘gig economy’ has made it easier for people to offer unique services, like home repair and cleaning, child care, food delivery, or ride sharing, through easy-to-use mobile applications that can be opened with a simple swipe of a finger,” said Senator Thune. “While these gig economy companies have created thousands of new jobs, they’ve also faced new challenges when it comes to how the service providers are classified by the IRS. I’m pleased to have a strong partner in Rep. Rice to help move this legislation that would provide clear rules so on-demand workers can work as independent contractors with the peace of mind that their tax status will be respected by the IRS.”

The bill would create a safe harbor based on objective tests, which if satisfied, would ensure that the service provider (worker) would be treated as an independent contractor, not an employee, and the service recipient (customer) would not be treated as the employer. In the context of the gig economy where an internet platform or app facilitates the transactions and payments, that third party would also not be treated as the employer.

Objective Tests:
The safe harbor focuses on three areas that are intended to demonstrate the independence of the service provider from the service recipient and/or the payer based on objective criteria, rather than a subjective facts-and-circumstances analysis:

(1) The relationship between the parties (e.g., job-by-job arrangement, the service provider incurs his own business expenses, the service provider is not tied to a single service recipient);
(2) The location of the services or the means by which the services are provided (e.g., the service provider has his own place of business, does not work exclusively at the service provider’s location, provides his own tools and supplies); and
(3) A written contract (e.g., stating the independent-contractor relationship, acknowledging that the service provider is responsible for his own taxes, providing the service recipient’s reporting and withholding obligations).

Safe Harbor Only
Given that the safe harbor is based on objective criteria, it may not apply in every case. However, the bill would preserve the common law rules for worker classification as well as the special rules under current law that permit real estate agents and direct sellers to qualify as independent contractors.

Reporting Rules
The amount paid to the service recipient under the safe-harbor would be reported to the IRS. For gig economy arrangements – three party transactions – the payer would report payments over $1,000 on IRS Form 1099-K (with the option of reporting amounts below that level). For traditional independent-contractor relationships, the service recipient would follow the existing reporting rules and file a Form 1099-MISC showing the amount paid to the service provider. The bill would update the reporting rules to require reporting of payments totaling $1,000 or more in a year, up from $600 under current law. To qualify for safe harbor, the bill would require the service recipient (or payer in the gig-economy model) to withhold a limited amount of the payments made, which would be deposited with the IRS and treated like an estimated tax payment by the service provider.

Retroactive Reclassification
The bill addresses cases where service providers or service recipients (or payers) mistakenly believe they qualify for the safe harbor but fail to meet one or more of the requirements. As long as there is a good faith effort to comply with the requirements of the safe harbor, the bill would provide relief and only allow the IRS to reclassify the service provider as an employee and the service recipient (or payer) as the employer on a prospective basis.

Tax Court Jurisdiction
Under current law, only the service recipient may petition the tax court regarding misclassification of workers. The bill would expand current law to allow the service provider to bring such a case as well.

Industrial Hemp Water Rights Act Introduced in the House

Source: Jared Polis (D-CO, 2nd)




Washington, D.C. - October 30, 2017 (The Ponder News) -- Rep. Jared Polis, D-Colo. introduced The Industrial Hemp Water Rights Act, legislation to ensure farmers can use their water rights to grow industrial hemp in states where industrial hemp cultivation is allowed.

In 2014, due to an amendment authored by Polis, U.S. Department of Agriculture began a pilot program authorizing farmers to grow industrial hemp. The pilot program has been stifled, though, because the Federal Bureau of Reclamation prohibits farmers from using federally controlled water to grow controlled substances, which includes industrial hemp.

“Farmers deserve the freedom to use their water to grow industrial hemp, an age-old crop with boundless potential,” said Polis. “The law already allows farmers to cultivate hemp; it only makes sense that we cut the red-tape and allow them the water they need to grow it and grow jobs in the process. Hemp can be used as a more sustainable alternative for everything from paper to biofuel, if only we afford the industry the tools it needs to grow.”

Polis’s bill would ensure that owners of water rights can use their water to grow industrial hemp, regardless of whether the water passed through federal water projects.

“Colorado grows more hemp in this country than any other state. In fact, according to the recent Ag report, there’s more hemp acreage in Colorado than there are peach orchards,” said Tim Gordon, President of the Colorado Hemp Industry Association. “So it is imperative that our farmers are able to exercise their water rights for this crop and this expanding industry in Colorado as well as other states following our lead. We are glad to have Congressman Polis take the lead on this issue as he has for years.”

Polis is the Co-Founder and Co-Chair of the bipartisan Cannabis Caucus. The Caucus serves as a forum for members of the U.S. House of Representatives to discuss, learn, and work together to establish a better and more rational approach to federal cannabis policy, including hemp. Earlier this year, he also reintroduced the Industrial Hemp Farming Act which would remove hemp from the Controlled Substance Act.

Master Limited Partnerships Parity Act Introduced in the House

Source: Ted Poe (R-TX, 2nd)




Washington, D.C. - October 30, 2017 (The Ponder News) -- U.S. Representatives Ted Poe (R-TX-02) and Mike Thompson (D-CA-05), and U.S. Senators Chris Coons (D-DE) and Jerry Moran (R-KS) re-introduced bipartisan legislation to level the energy playing field by giving investors in a range of clean energy projects access to a decades-old corporate structure whose tax advantage is currently available only to investors in fossil fuel-based energy projects. The Master Limited Partnerships Parity Act is a straightforward, powerful modification of the federal tax code that could unleash significant private capital by helping an emerging class of energy-generation and renewable fuel companies to form master limited partnerships, which combine the funding advantages of corporations and the tax advantages of partnerships.

“For years, the United States has allowed our energy security to be subject to turmoil and mayhem in the Middle East,” said Representative Poe. “It is in our best interest to pursue a comprehensive energy strategy that encourages the domestic production of all energy. This common-sense tax credit will help the United States do just that.”

“This bipartisan bill will make it easier and more appealing for private capital to be invested in renewable energy,” said Representative Thompson. “We need to take a comprehensive approach to America’s energy future. By leveling the playing field and treating renewable energy the same way we do oil and gas, we can create jobs, diversify our energy infrastructure, and allow for the creation of more renewable energy sources and technology."

“Clean energy technologies have made tremendous progress in the last several decades, and they deserve the same shot at success in the market as traditional energy projects have experienced through the federal tax code,” said Senator Coons. “By updating the code, the bipartisan Master Limited Partnerships Parity Act levels the playing field for a broad range of domestic energy sources -- clean and traditional alike -- to support the all-of-the-above energy strategy we need to power our country for generations to come. This practical, market-driven solution will unleash private capital and create jobs, and that’s why it has earned broad support from Republicans and Democrats in Congress as well as think tanks, business leaders, and investors. Updating the tax code in this way will help increase parity and ensure that these energy technologies can permanently benefit from the incentives that traditional energy sources have depended on to build infrastructure for more than 30 years.”

“The United States has the largest and most efficient capital markets in the world, yet our renewable energy companies rarely have access to those markets,” said Senator Moran. “In order to grow our economy and increase our energy security, sound economic tools like master limited partnerships (MLPs) should be expanded to include additional domestic energy sources. The MLP Parity Act will allow the renewable energy sector to utilize the MLP structure for project development making it accessible to a broader and deeper investment pool that can drastically reduce the time and cost associated with deploying new energy technologies.”

A master limited partnership (MLP) is a business structure that is taxed as a partnership, but whose ownership interests are traded like corporate stock on a market. By statute, MLPs are currently only available to investors in energy portfolios for oil, natural gas, coal extraction, and pipeline projects.

These projects get access to capital at a lower cost and are more liquid than traditional financing approaches to energy projects, making them highly effective at attracting private investment. Investors in clean energy projects, however, have been explicitly prevented from forming MLPs, starving a fast growing portion of America’s domestic energy sector of the capital it needs to build and grow.

Newly eligible energy resources would include solar, wind, marine and hydrokinetic, fuel cells, energy storage, combined heat and power, biomass, waste heat to power, renewable fuels, biorefineries, energy efficient buildings, carbon capture utilization and storage.

In the House, the MLP Parity Act was cosponsored by Representatives Ted Poe (R-TX-02), Mike Thompson (D-CA-05), Mark Amodei (R-NV-02), Peter Welch (D-VT-AL), Jerry McNerney (D-CA-09), Paul Gosar (R-AZ-04), and Earl Blumenauer (D-OR-03).

In the Senate, the MLP Parity Act was cosponsored by Senators Chris Coons (D-DE), Jerry Moran (R-KS), Debbie Stabenow (D-MI), Cory Gardner (R-CO), Michael Bennet (D-CO), Lisa Murkowski (R-AK), Angus King (I-ME), Susan Collins (R-ME), and Martin Heinrich (D-NM).

End Outsourcing Act Introduced in the House

Source: Mark Pocan (D-WI, 2nd)




Washington, D.C. - October 30, 2017 (The Ponder News) -- U.S. Representative Mark Pocan (D-WI, 2nd) has introduced the End Outsourcing Act, legislation that would update the United States tax code to reward companies that invest in American workers and penalize corporations that outsource domestic jobs and factories.

“For too long, our tax code has incentivized companies to outsource American jobs instead of investing in workers and communities here at home,” said Pocan. “We give corporations that ship American jobs overseas a free pass while workers suffer the consequences. Rather than reward companies that relocate to other countries, we should use our tax code to incentivize firms to invest in our communities and put American workers back on the job. The End Outsourcing Act is a strong step forward in protecting American jobs, growing wages, and strengthening the middle class.”

Specifically, the End Outsourcing Act:

Prohibits companies from receiving tax breaks for outsourcing jobs and factories, and claws back tax credits and grants related to the operation and maintenance of a facility closing to relocate abroad;

Establishes tax incentives for companies that relocate foreign jobs to rural and impoverished communities in the United States; and

Ensures that federal contracting policy takes into consideration whether companies have outsourced domestic jobs.

The legislation has been endorsed by the AFL-CIO, the Communications Workers of America (CWA), the United Steelworkers (USW), and the International Union, United Automobile, Aerospace and Agricultural Implement Workers of America (UAW).

CONGRESSMAN PITTENGER INTRODUCES BIPARTISAN “NO ABORTION BONDS ACT”

Source: Robert Pittenger (R-NC, 9th)




Congressman Robert Pittenger (NC-09) formally introduced the No Abortion Bonds Act, which prohibits the use of federal tax-exempt bonds to finance construction of abortion clinics.

“Under a loophole in the current law, cities, counties, and states can issue federally tax-free bonds to finance construction of abortion clinics,” explained Congressman Pittenger during a speech on the House floor. “These tax-free bonds are intended to finance schools, hospitals, and infrastructure, not abortion clinics. This legislation applies the spirit of the Hyde Amendment to the tax code, by preventing tax-free bonds from going to abortion providers.”



Congressman Pittenger introduced the No Abortion Bonds Act during a Wednesday afternoon speech on the House floor. Click here for full video.

In 2012, New York City issued a tax-free, $15 million bond for renovation of Planned Parenthood’s national headquarters.

In 2007, Sarasota County, Florida floated an $8 million, tax-free bond to pay for a Planned Parenthood abortion clinic.

In 2007, the Illinois Finance Authority approved an $8.05 million tax-free bond to pay for a Planned Parenthood abortion clinic in Aurora.

In 2006, the Massachusetts Development Finance Agency granted a $5 million tax-exempt bond for a Planned Parenthood clinic in Worcester.

State and local governments are allowed to finance construction of schools, roads, and hospitals with special bonds exempt from federal tax. These tax breaks for the investors, which cost the federal government billions in revenue, lead to lower costs for the borrower. Federal taxpayers therefore subsidize the project, in addition to being ultimately responsible for the loan should the borrower fail to pay.

While the 1976 Hyde Amendment prohibits the use of taxpayer-funding for abortion or abortion-related services, a loophole allows these infrastructure bonds to be used for abortion clinics.

Congressman Pittenger’s No Abortion Bonds Act:

Removes the tax-exempt status of any bond that flows to an abortion provider or abortion clinic.

Includes exemption for clinics that only perform abortions in cases of rape, incest, or danger to the life of the mother.

Includes common sense exemption for hospitals.

Congressman Pittenger’s No Abortion Bonds Act is co-sponsored by Rep. Franks (R-AZ), Rep. Smith (R-NJ), Rep. Black (R-TN), Rep. Hartzler (R-MO), Rep. Walker (R-NC), Rep. Hudson (R-NC), Rep. Luetkemeyer (R-MO), Rep. Wagner (R-MO), Rep. Chabot (R-OH), Rep. Duncan (R-SC), Rep. Mooney (R-WV), Rep. Gibbs (R-OH), Rep. Jenkins (R-WV), Rep. Francis Rooney (R-FL), Rep. Jones (R-NC), Rep. Biggs (R-AZ), Rep. Dunn (R-FL), Rep. Lipinski (D-IL), Rep. Rokita (R-IN), Rep. Banks (R-IN), Rep. Hice (R-GA), Rep. Palazzo (R-MS), Rep. Webster (R-FL), Rep. Rothfus (R-PA), Rep. Lamborn (R-CO), Rep. Norman (R-SC), Rep. Yoho (R-FL), Rep. Johnson (R-LA), Rep. Flores (R-TX), Rep. Duncan (R-TN), Rep. Cramer (R-ND), Rep. Rohrabacher (R-CA), Rep. Moolenaar (R-MI), Rep. Gohmert (R-TX), Rep. Messer (R-IN), Rep. Babin (R-TX), Rep. Noem (R-SD), Rep. Brat (R-VA), Rep. Kinzinger (R-IL), Rep. Williams (R-TX), Rep. Jordan (R-OH), Rep. Fortenberry (R-NE), Rep. Loudermilk (R-GA), Rep. Gaetz (R-FL), Rep. Roe (R-TN), Rep. Scott (R-GA), Rep. Wittman (R-VA), Rep. LaMalfa (R-CA), Rep. Rouzer (R-NC), Rep. Harris (R-MD), Rep. Davidson (R-OH), Rep. Hultgren (R-IL), Rep. Weber (R-TX).

Congressman Pittenger’s No Abortion Bonds Act is supported by Americans United for Life, the U.S. Conference of Catholic Bishops, Susan B. Anthony List, National Right to Life, the Eagle Forum, March for Life, Family Policy Alliance, North Carolina Right to Life, and the North Carolina Family Policy Council.

Norton Gets Promise from Treasury Inspector General Concerning Investigation into Threats to IRS Employees

Source: Eleanor Holmes Norton (D-D.C.)




Washington, D.C. - October 30, 2017 (The Ponder News) -- Congresswoman Eleanor Holmes Norton (D-DC) at an Oversight and Government Reform Committee hearing asked Treasury Inspector General for Tax Administration J. Russel George about press reports on an increase in threats to Internal Revenue Services (IRS) employees and “potential vulnerabilities outside agency headquarters.” NBC4 reported that “federal investigators have launched 1,556 investigations into possible threats against agency employees from taxpayers since the beginning of the year.” George said his office was currently working with the IRS’ security division to investigate such threats and potential security vulnerabilities and offered to brief Norton and the Committee on his findings at the conclusion of the investigation. Norton pressed George that, in addition to a congressional briefing, a report of findings, recommendations or remedies would be important to reassure employees and the public. George responded that he thought a report with necessary redactions might be appropriate.

“I appreciate that the Inspector General has taken the increase in threats to IRS employees seriously and is pursuing an investigation,” Norton said. “I will be working with his office to ensure he has the necessary resources to investigate threats against IRS employees and any potential security vulnerabilities. Our federal employees deserve a safe working environment.”