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Referenced Laws
section 51
42 U.S.C. 402
42 U.S.C. 423
Section 3111(e)
29 U.S.C. 214(c)
42 U.S.C. 401
section 44
section 190
Section 1
1. Short title This Act may be cited as the Disability Employment Incentive Act.
Section 2
2. Expansion of work opportunity credit to include individuals receiving disability benefits under the Social Security Act Subsection (d) of section 51 of the Internal Revenue Code of 1986 is amended— in paragraph (1)— in subparagraph (I), by striking or at the end, in subparagraph (J), by striking the period at the end and inserting , or, and by adding at the end the following new subparagraph: a qualified disability insurance beneficiary. by adding at the end the following new paragraph: The term qualified disability insurance beneficiary means any individual who receives, for any month ending within the 60-day period ending on the hiring date— monthly insurance benefits under section 202 of the Social Security Act (42 U.S.C. 402) based on such individual's disability (as defined in section 223(d) of such Act), or disability insurance benefits under section 223 of such Act (42 U.S.C. 423). Section 3111(e) of the Internal Revenue Code of 1986 is amended— in the heading, by inserting or qualified disability insurance beneficiaries after qualified veterans, in paragraph (1)— by inserting or a qualified disability insurance beneficiary after a qualified veteran, and by inserting or such qualified disability insurance beneficiary after such qualified veteran, in paragraph (2), by inserting and qualified disability insurance beneficiaries after all qualified veterans, in paragraph (3)(C), by inserting or a qualified disability insurance beneficiary after a qualified veteran, in paragraph (4)— by inserting or any qualified disability insurance beneficiary after any qualified veteran, and by inserting or such qualified disability insurance beneficiary after such qualified veteran, in paragraph (5)— in subparagraph (A), by striking and at the end, in subparagraph (B), by striking the period at the end and inserting , and, and by adding at the end the following: the term qualified disability insurance beneficiary has the same meaning given such term by section 51(d)(16). by adding at the end the following: In the case of any qualified tax-exempt organization which, for any period, employs any individual under a special certificate, for purposes of determining the amount of any credit allowed under paragraph (1), such determination shall not include any wages paid to any qualified disability insurance beneficiary during such period. For purposes of this paragraph, the term special certificate means a special certificate issued under section 14(c) of the Fair Labor Standards Act of 1938 (29 U.S.C. 214(c)). Section 52(c)(2) of such Code is amended— in the heading, by inserting or qualified disability insurance beneficiaries after qualified veterans, and by inserting or qualified disability insurance beneficiaries after qualified veterans. There are hereby appropriated to the Federal Old-Age and Survivors Trust Fund and the Federal Disability Insurance Trust Fund established under section 201 of the Social Security Act (42 U.S.C. 401) amounts equal to the reduction in revenues to the Treasury by reason of the amendments made by paragraphs (1) and (2). Amounts appropriated by the preceding sentence shall be transferred from the general fund at such times and in such manner as to replicate to the extent possible the transfers which would have occurred to such Trust Fund had such amendments not been enacted. The amendments made by this section shall apply to individuals who begin work for the employer after December 31, 2023. (K)a qualified disability insurance beneficiary., and (16)Qualified disability insurance beneficiaryThe term qualified disability insurance beneficiary means any individual who receives, for any month ending within the 60-day period ending on the hiring date—(A)monthly insurance benefits under section 202 of the Social Security Act (42 U.S.C. 402) based on such individual's disability (as defined in section 223(d) of such Act), or(B)disability insurance benefits under section 223 of such Act (42 U.S.C. 423).. (C)the term qualified disability insurance beneficiary has the same meaning given such term by section 51(d)(16)., and (6)14(c) certificate holders(A)In generalIn the case of any qualified tax-exempt organization which, for any period, employs any individual under a special certificate, for purposes of determining the amount of any credit allowed under paragraph (1), such determination shall not include any wages paid to any qualified disability insurance beneficiary during such period.(B)Special certificateFor purposes of this paragraph, the term special certificate means a special certificate issued under section 14(c) of the Fair Labor Standards Act of 1938 (29 U.S.C. 214(c))..
Section 3
3. Enhancement of Work Opportunity Credit for vocational rehabilitation referrals, qualified SSI recipients, and qualified SSDI recipients Section 51 of the Internal Revenue Code of 1986 is amended— by redesignating subsections (f) through (k) as subsections (g) through (l), respectively, and by inserting after subsection (e) the following new subsection: With respect to employment of a vocational rehabilitation referral, a qualified SSI recipient, or a qualified disability insurance beneficiary— the amount of the work opportunity credit determined under this section for the taxable year shall include 20 percent of the qualified second-year wages for such year, and in lieu of applying subsection (b)(3), the amount of the qualified first-year wages, and the amount of qualified second-year wages, which may be taken into account with respect to such referral or recipient shall not exceed $12,500 per year. For purposes of this subsection, the term qualified second-year wages means qualified wages— which are paid to a vocational rehabilitation referral, a qualified SSI recipient, or a qualified disability insurance beneficiary, and which are attributable to service rendered during the 1-year period beginning on the day after the last day of the 1-year period with respect to such referral or recipient determined under subsection (b)(2). If such referral or recipient is an employee to whom subparagraph (A) or (B) of subsection (i)(1) applies, rules similar to the rules of such subparagraphs shall apply except that— such subparagraph (A) shall be applied by substituting $12,500 for $6,000, and such subparagraph (B) shall be applied by substituting $1041.67 for $500. Section 51 of the Internal Revenue Code of 1986, as amended by subsection (a), is amended— in subsection (c)(1), by striking subsection (h)(2) and inserting subsection (i)(2), in subsection (e)(3), by striking subsection (h)(1) and inserting subsection (i)(1), and in subsection (g)(2), by striking subsection (h)(1) and inserting subsection (i)(1). Section 45A of such Code is amended— in subsection (b)(1)(B), by inserting or (f)(1)(A) after subsection (e)(1)(A), in subsection (c)(5)(A), by striking section 51(i)(1) and inserting section 51(j)(1), and in subsection (e)(3), by striking section 51(k) and inserting section 51(l). Section 45S(h)(2) of such Code is amended by striking section 51(j) and inserting section 51(k). Section 1396(d)(2)(A) of such Code is amended by striking section 51(i)(1) and inserting section 51(j)(1). Section 1397(c) of such Code is amended by striking section 51(k) and inserting section 51(l). Section 3111(e)(3)(B) of such Code is amended by striking subsection (i)(3)(A) and inserting subsection (j)(3)(A). The amendments made by this section shall apply to individuals who begin work for the employer after December 31, 2023. (f)Credit for second-Year wages for employment of vocational rehabilitation referrals, qualified SSI recipients, and qualified disability insurance beneficiaries(1)In generalWith respect to employment of a vocational rehabilitation referral, a qualified SSI recipient, or a qualified disability insurance beneficiary—(A)the amount of the work opportunity credit determined under this section for the taxable year shall include 20 percent of the qualified second-year wages for such year, and(B)in lieu of applying subsection (b)(3), the amount of the qualified first-year wages, and the amount of qualified second-year wages, which may be taken into account with respect to such referral or recipient shall not exceed $12,500 per year.(2)Qualified second-year wagesFor purposes of this subsection, the term qualified second-year wages means qualified wages—(A)which are paid to a vocational rehabilitation referral, a qualified SSI recipient, or a qualified disability insurance beneficiary, and(B)which are attributable to service rendered during the 1-year period beginning on the day after the last day of the 1-year period with respect to such referral or recipient determined under subsection (b)(2).(3)Special rules for agricultural and railway laborIf such referral or recipient is an employee to whom subparagraph (A) or (B) of subsection (i)(1) applies, rules similar to the rules of such subparagraphs shall apply except that—(A)such subparagraph (A) shall be applied by substituting $12,500 for $6,000, and(B)such subparagraph (B) shall be applied by substituting $1041.67 for $500..
Section 4
4. Expansion of disabled access credit Subsection (a) of section 44 of the Internal Revenue Code of 1986 is amended by striking $10,250 and inserting $20,250. Subsection (b)(1) of section 44 of the Internal Revenue Code of 1986 is amended— in subparagraph (A), by striking $1,000,000 and inserting $3,000,000, and in subparagraph (B), by striking 30 full-time employees and inserting 60 full-time employees. The amendments made by this section shall apply to taxable years beginning after December 31, 2023.
Section 5
5. Expansion of deduction for expenditures to remove architectural and transportation barriers to the handicapped and elderly Subsection (b) of section 190 of the Internal Revenue Code of 1986 is amended by adding at the end the following: The term architectural and transportation barrier removal expenses shall include an expenditure for the purpose of improving accessibility for handicapped and elderly individuals to any internet or telecommunications services provided within any facility or public transportation vehicle owned or leased by the taxpayer for use in connection with their trade or business. Subsection (c) of section 190 of the Internal Revenue Code of 1986 is amended by striking $15,000 and inserting $30,000. The amendments made by this section shall apply to taxable years beginning after December 31, 2023. (4)Inclusion of improvements in accessability to internet and telecommunications operationsThe term architectural and transportation barrier removal expenses shall include an expenditure for the purpose of improving accessibility for handicapped and elderly individuals to any internet or telecommunications services provided within any facility or public transportation vehicle owned or leased by the taxpayer for use in connection with their trade or business..