datamatters24/research-document-archive huggingface dataset:
IV 
House Calendar No. 180 
111TH CONGRESS 
2D SESSION 
H. RES. 1205 
[Report No. 111–455] 
Providing for consideration of the bill (H.R. 4849) to amend the Internal 
Revenue Code of 1986 to provide tax incentives for small business job 
creation, extend the Build America Bonds program, provide other infra-
structure job creation tax incentives, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 22, 2010 
Mr. CARDOZA, from the Committee on Rules, reported the following resolu-
tion; which was referred to the House Calendar and ordered to be printed 
RESOLUTION 
Providing for consideration of the bill (H.R. 4849) to amend 
the Internal Revenue Code of 1986 to provide tax incen-
tives for small business job creation, extend the Build 
America Bonds program, provide other infrastructure job 
creation tax incentives, and for other purposes. 
Resolved, That upon the adoption of this resolution 
it shall be in order to consider in the House the bill (H.R. 
4849) to amend the Internal Revenue Code of 1986 to 
provide tax incentives for small business job creation, ex-
tend the Build America Bonds program, provide other in-
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‘‘(xii) GREEN DEVELOPMENTS COMPLI-
ANCE.—The extent to which the proposed re-
vitalization plan— 
‘‘(I) in the case of residential con-
struction, complies with the non-
mandatory items of the national Green 
Communities criteria checklist identi-
fied in subsection (l)(1)(A), or any sub-
stantially equivalent standard as deter-
mined by the Secretary, but only to the 
extent such compliance exceeds the 
compliance necessary to accumulate the 
number of points required under such 
subsection; and 
‘‘(II) in the case of non-residential 
construction, includes non-mandatory 
components of version 2.2 of the Lead-
ership in Energy and Environmental 
Design (LEED) green building rating 
system for New Construction and 
Major Renovations, version 2.0 of the 
LEED for Core and Shell rating sys-
tem, or version 2.0 of the LEED for 
Commercial Interiors rating system, as 
applicable, or any substantially equiv-
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†
HR 3222 EAS
ment, test and evaluation; advanced research projects as
may be designated and determined by the Secretary of De-
fense, pursuant to law; maintenance, rehabilitation, lease,
and operation of facilities and equipment, $20,303,726,000,
to remain available for obligation until September 30,
2009.
OPERATIONAL TEST AND EVALUATION, DEFENSE
For expenses, not otherwise provided for, necessary for
the independent activities of the Director, Operational Test
and Evaluation, in the direction and supervision of oper-
ational test and evaluation, including initial operational
test and evaluation which is conducted prior to, and in sup-
port of, production decisions; joint operational testing and
evaluation; and administrative expenses in connection
therewith, $180,264,000, to remain available for obligation
until September 30, 2009.
TITLE V
REVOLVING AND MANAGEMENT FUNDS
DEFENSE WORKING CAPITAL FUNDS
For 
the 
Defense 
Working 
Capital 
Funds,
$1,352,746,000.
NATIONAL DEFENSE SEALIFT FUND
For National Defense Sealift Fund programs, projects,
and activities, and for expenses of the National Defense Re-
serve Fleet, as established by section 11 of the Merchant
HR 3222 RS 
account for purposes of the limitation on the amount of 
funds that may be transferred under this section: Provided 
further, That no obligation of funds may be made pursu-
ant to section 1206 of Public Law 109–163 (or any suc-
cessor provision) unless the Secretary of Defense has noti-
fied the congressional defense committees prior to any 
such obligation. 
SEC. 8006. (a) Not later than 60 days after enact-
ment of this Act, the Department of Defense shall submit 
a report to the congressional defense committees to estab-
lish the baseline for application of reprogramming and 
transfer authorities for fiscal year 2008: Provided, That 
the report shall include— 
(1) a table for each appropriation with a sepa-
rate column to display the President’s budget re-
quest, adjustments made by Congress, adjustments 
due to enacted rescissions, if appropriate, and the 
fiscal year enacted level; 
(2) a delineation in the table for each appro-
priation
both
by
budget
activity
and
program, 
project, and activity as detailed in the Budget Ap-
pendix and the supporting justification materials 
submitted to the Committees on Appropriations of 
the Senate and the House of Representatives for the 
respective appropriations; and
HR 3222 RS 
(3) an identification of items of special congres-
sional interest. 
(b) Notwithstanding section 8005 of this Act, none 
of the funds provided in this Act shall be available for 
reprogramming or transfer until the report identified in 
subsection (a) is submitted to the congressional defense 
committees, unless the Secretary of Defense certifies in 
writing to the congressional defense committees that such 
reprogramming or transfer is necessary as an emergency 
requirement. 
(TRANSFER OF FUNDS) 
SEC. 8007. During the current fiscal year, cash bal-
ances in working capital funds of the Department of De-
fense established pursuant to section 2208 of title 10, 
United States Code, may be maintained in only such 
amounts as are necessary at any time for cash disburse-
ments to be made from such funds: Provided, That trans-
fers may be made between such funds: Provided further, 
That transfers may be made between working capital 
funds and the ‘‘Foreign Currency Fluctuations, Defense’’ 
appropriation and the ‘‘Operation and Maintenance’’ ap-
propriation accounts in such amounts as may be deter-
mined by the Secretary of Defense, with the approval of 
the Office of Management and Budget, except that such 
transfers may not be made unless the Secretary of Defense 
has notified the Congress of the proposed transfer. Except
HR 3222 RS 
in amounts equal to the amounts appropriated to working 
capital funds in this Act, no obligations may be made 
against a working capital fund to procure or increase the 
value of war reserve material inventory, unless the Sec-
retary of Defense has notified the Congress prior to any 
such obligation. 
SEC. 8008. Funds appropriated by this Act may not 
be used to initiate a special access program without prior 
notification 30 calendar days in advance to the congres-
sional defense committees. 
SEC. 8009. None of the funds provided in this Act 
shall be available to initiate: (1) a multiyear contract that 
employs economic order quantity procurement in excess of 
$20,000,000 in any 1 year of the contract or that includes 
an unfunded contingent liability in excess of $20,000,000; 
or (2) a contract for advance procurement leading to a 
multiyear contract that employs economic order quantity 
procurement in excess of $20,000,000 in any 1 year, un-
less the congressional defense committees have been noti-
fied at least 30 days in advance of the proposed contract 
award: Provided, That no part of any appropriation con-
tained in this Act shall be available to initiate a multiyear 
contract for which the economic order quantity advance 
procurement is not funded at least to the limits of the 
Government’s liability: Provided further, That no part of
HR 3222 RS 
any appropriation contained in this Act shall be available 
to initiate multiyear procurement contracts for any sys-
tems or component thereof if the value of the multiyear 
contract would exceed $500,000,000 unless specifically 
provided in this Act: Provided further, That no multiyear 
procurement contract can be terminated without 10-day 
prior notification to the congressional defense committees: 
Provided further, That the execution of multiyear author-
ity shall require the use of a present value analysis to de-
termine lowest cost compared to an annual procurement: 
Provided further, That none of the funds provided in this 
Act may be used for a multiyear contract executed after 
the date of the enactment of this Act unless in the case 
of any such contract— 
(1) the Secretary of Defense has submitted to 
Congress a budget request for full funding of units 
to be procured through the contract and, in the case 
of a contract for procurement of aircraft, that in-
cludes, for any aircraft unit to be procured through 
the contract for which procurement funds are re-
quested in that budget request for production be-
yond advance procurement activities in the fiscal 
year covered by the budget, full funding of procure-
ment of such unit in that fiscal year;
HR 3222 RS 
(2) cancellation provisions in the contract do 
not include consideration of recurring manufacturing 
costs of the contractor associated with the produc-
tion of unfunded units to be delivered under the con-
tract; 
(3) the contract provides that payments to the 
contractor under the contract shall not be made in 
advance of incurred costs on funded units; and 
(4) the contract does not provide for a price ad-
justment based on a failure to award a follow-on 
contract. 
Funds appropriated in title III of this Act may be 
used for a multiyear procurement contract as follows: 
Army CH–47 Chinook Helicopter; M1A2 Abrams 
System Enhancement Package upgrades; M2A3/M3A3 
Bradley upgrades; and SSN Virginia Class Submarine. 
SEC. 8010. Within the funds appropriated for the op-
eration and maintenance of the Armed Forces, funds are 
hereby appropriated pursuant to section 401 of title 10, 
United States Code, for humanitarian and civic assistance 
costs under chapter 20 of title 10, United States Code. 
Such funds may also be obligated for humanitarian and 
civic assistance costs incidental to authorized operations 
and pursuant to authority granted in section 401 of chap-
ter 20 of title 10, United States Code, and these obliga-
HR 3222 RS 
to the congressional defense committees that such a relo-
cation is required in the best interest of the Government. 
SEC. 8019. In addition to the funds provided else-
where in this Act, $8,000,000 is appropriated only for in-
centive payments authorized by section 504 of the Indian 
Financing Act of 1974 (25 U.S.C. 1544): Provided, That 
a prime contractor or a subcontractor at any tier that 
makes a subcontract award to any subcontractor or sup-
plier as defined in section 1544 of title 25, United States 
Code, or a small business owned and controlled by an indi-
vidual or individuals defined under section 4221(9) of title 
25, United States Code, shall be considered a contractor 
for the purposes of being allowed additional compensation 
under section 504 of the Indian Financing Act of 1974 
(25 U.S.C. 1544) whenever the prime contract or sub-
contract amount is over $500,000 and involves the ex-
penditure of funds appropriated by an Act making Appro-
priations for the Department of Defense with respect to 
any fiscal year: Provided further, That notwithstanding 
section 430 of title 41, United States Code, this section 
shall be applicable to any Department of Defense acquisi-
tion of supplies or services, including any contract and any 
subcontract at any tier for acquisition of commercial items 
produced or manufactured, in whole or in part by any sub-
contractor or supplier defined in section 1544 of title 25,
‘‘(3) UNUSED
HEALTH
BENEFITS.—For pur-
poses of this subsection, with respect to an em-
ployee, the term ‘unused health benefits’ means the 
excess of— 
‘‘(A) the maximum amount of reimburse-
ment allowable to the employee during a plan 
year under a health flexible spending arrange-
ment, taking into account any election by the 
employee, over 
‘‘(B) the actual amount of reimbursement 
during such year under such arrangement.’’. 
(b) EFFECTIVE DATE.—The amendment made by 
subsection (a) shall apply to plan years ending after the 
date of the enactment of this Act. 
Æ 
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619 
•HR 3221 EAH2 
the taxpayer (and, if married, the taxpayer’s spouse)) 
before the close of such taxable year. 
‘‘(e) REPORTING.—If the Secretary requires informa-
tion reporting under section 6045 by a person described in 
subsection (e)(2) thereof to verify the eligibility of taxpayers 
for the credit allowable by this section, the exception pro-
vided by section 6045(e) shall not apply. 
‘‘(f) RECAPTURE OF CREDIT.— 
‘‘(1) IN GENERAL.—Except as otherwise provided 
in this subsection, if a credit under subsection (a) is 
allowed to a taxpayer, the tax imposed by this chap-
ter shall be increased by 62⁄3 percent of the amount 
of such credit for each taxable year in the recapture 
period. 
‘‘(2) ACCELERATION OF RECAPTURE.—If a tax-
payer disposes of the principal residence with respect 
to which a credit was allowed under subsection (a) 
(or such residence ceases to be the principal residence 
of the taxpayer (and, if married, the taxpayer’s 
spouse)) before the end of the recapture period— 
‘‘(A) the tax imposed by this chapter for the 
taxable year of such disposition or cessation shall 
be increased by the excess of the amount of the 
credit allowed over the amounts of tax imposed
305 
after the date of receipt of notice of the final deci-
sion, the protesting member insurer may appeal that 
final action to the Commissioner. 
(4) REFERRAL.—In the alternative to rendering 
a final decision with respect to a protest based on 
a question regarding the assessment base, the Cor-
poration may refer protests to the Commissioner for 
a final decision, with or without a recommendation 
from the Corporation. 
(5) PROTEST OR APPEAL UPHELD.—If the pro-
test or appeal on the assessment is upheld, the 
amount paid in error or excess shall be returned to 
the member insurer. Interest on a refund due a pro-
testing member insurer shall be paid at the rate ac-
tually earned by the Corporation. 
(g) TRANSITIONAL RESPONSIBILITIES.—In the event 
that the conservation, rehabilitation, or liquidation of a 
national insurer or State insurer commences at a time 
when a State insurance guaranty association or State in-
surance guaranty fund is a nonqualified association, but 
such association or fund subsequently becomes a qualified 
association, the Corporation shall continue to be respon-
sible for such conservation, rehabilitation, or liquidation, 
unless and until the Corporation shall contract with such 
association or fund pursuant to section 1602(e)(3). The 
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306 
Corporation shall continue to be entitled to levy assess-
ments in respect of such pending conservation, rehabilita-
tion, or liquidation on all companies doing business in the 
State where the association or fund resides, as if the asso-
ciation or fund remained a nonqualified association. 
(h) INFORMATION
REQUESTS.—The Corporation 
may request information of member insurers doing busi-
ness in States without qualified associations in order to 
aid in carrying out its duties under this section, and such 
member insurers shall promptly comply with such a re-
quest. 
SEC. 1609. REGULATIONS. 
In addition to the duties and powers enumerated else-
where in this title, the Commissioner shall issue such regu-
lations as the Commissioner determines necessary to fa-
cilitate the operations of the Corporation and implement 
the terms of this title. 
SEC. 1610. STATE TAXATION. 
No State shall have the power to impose its premium 
tax, franchise tax, income tax, retaliatory tax, or other pri-
mary tax applicable to insurance companies, on any na-
tional insurer, unless such State allows the national in-
surer to recoup Corporation assessments allocable to such 
State— 
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294 
appellate review, the Director may, if continued 
service or participation by such party may pose 
a threat to the regulated entity or impair public 
confidence in the regulated entity, issue and 
serve upon such party an order removing such 
party from office or prohibiting such party from 
further participation in any manner in the con-
duct of the affairs of the regulated entity without 
the prior written consent of the Director. 
‘‘(B) PROVISIONS APPLICABLE TO ORDER.— 
‘‘(i) COPY.—A copy of any order under 
subparagraph (A) shall be served upon the 
relevant regulated entity, at which time the 
entity-affiliated party who is subject to the 
order (if a director or an officer) shall cease 
to be a director or officer of such regulated 
entity. 
‘‘(ii) EFFECT OF ACQUITTAL.—A find-
ing of not guilty or other disposition of the 
charge shall not preclude the Director from 
instituting proceedings after such finding or 
disposition to remove a party from office or 
to prohibit further participation in the af-
fairs of a regulated entity pursuant to sub-
section (a) or (b).
307 
(1) in the same manner and to the same extent 
that a State insurer is allowed to recoup State insur-
ance guaranty association or State insurance guar-
anty fund assessments in such State; or 
(2) through the rates or a policyholder sur-
charge, at the election of the national insurer, in any 
State that allows State insurers to recoup State in-
surance guaranty association or State insurance 
guaranty fund assessments only through the rates. 
SEC. 1611. EXAMINATION OF THE CORPORATION; ANNUAL 
REPORT. 
The Corporation shall be subject to examination and 
regulation by the Commissioner. The Corporation shall 
submit to the Commissioner, and each State insurance 
commissioner in any State without a qualified association, 
a financial report in a form approved by the Commissioner 
and a report of the activities of the Corporation during 
the preceding fiscal year, as the activities relate to its du-
ties and functions carried out under this title. 
SEC. 1612. IMMUNITY. 
There shall be no liability on the part of, and no 
cause of action of any nature shall arise against, any of 
the following persons for any action or omission by them 
in the performance of their powers and duties under the 
State insurance guaranty association or fund or provisions 
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more 
than 
$1,250,000’’ 
and 
inserting 
‘‘$2,250,000, 
of 
which 
not 
more 
than 
$1,600,000’’. 
SEC. 403. CLERICAL AMENDMENT. 
Section 22(c)(5) of the Small Business Act (15 
U.S.C. 649) is amended by striking the period at the end 
and inserting a semicolon. 
TITLE V—AUTHORIZATION OF 
APPROPRIATIONS 
SEC. 501. AUTHORIZATION OF APPROPRIATIONS. 
There are authorized to be appropriated such sums 
as may be necessary to carry out this Act and the amend-
ments made by this Act. 
Passed the House of Representatives September 4, 
2007. 
Attest: 
Clerk.
110TH CONGRESS 
1ST SESSION 
H. R. 2992 
AN ACT 
To amend the Small Business Act to improve trade 
programs, and for other purposes.
768 
means acceptable to the Secretary in an amount equal to 
not less than 20 percent of the amount of the loan. 
(g) GUARANTEE FEE.—The recipient of a loan guar-
antee under subsection (a) shall pay the Secretary an 
amount determined by the Secretary to be sufficient to 
cover the administrative costs of the Secretary relating to 
the loan guarantee. 
(h) FULL FAITH AND CREDIT.—The full faith and 
credit of the United States is pledged to the payment of 
all guarantees made under this section. Any such guar-
antee made by the Secretary shall be conclusive evidence 
of the eligibility of the loan for the guarantee with respect 
to principal and interest. The validity of the guarantee 
shall be incontestable in the hands of a holder of the guar-
anteed loan. 
(i) REPORTS.—Until each guaranteed loan under this 
section has been repaid in full, the Secretary shall annu-
ally submit to Congress a report on the activities of the 
Secretary under this section. 
(j) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated such sums as are nec-
essary to carry out this section. 
(k) TERMINATION OF AUTHORITY.—The authority of 
the Secretary to issue a loan guarantee under subsection 
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after enactment of this section, the minimum sea-
sonal energy efficiency ratio of air-cooled three-phase 
electric central air conditioners and central air con-
ditioning heat pumps less than 65,000 Btu per hour 
(cooling capacity), split systems, shall be 13.0. 
‘‘(E) For equipment manufactured on or after 
the later of January 1, 2008, or the date six months 
after enactment of this section, minimum seasonal 
energy efficiency ratio of air-cooled three-phase elec-
tric central air conditioners and central air condi-
tioning heat pumps less than 65,000 Btu per hour 
(cooling capacity), single package, shall be 13.0. 
‘‘(F) For equipment manufactured on or after 
the later of January 1, 2008, or the date six months 
after enactment of this section, minimum heating 
seasonal performance factor of air-cooled three- 
phase electric central air conditioning heat pumps 
less than 65,000 Btu per hour (cooling capacity), 
split systems, shall be 7.7. 
‘‘(G) For equipment manufactured on or after 
the later of January 1, 2008, or the date six months 
after enactment of this section, the minimum heat-
ing seasonal performance factor of air-cooled three- 
phase electric central air conditioning heat pumps 
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I 
110TH CONGRESS 
1ST SESSION H. R. 2993 
To prohibit the importation for sale of foreign-made flags of the United 
States of America. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 11, 2007 
Mr. BOREN introduced the following bill; which was referred to the Committee 
on Ways and Means 
A BILL 
To prohibit the importation for sale of foreign-made flags 
of the United States of America. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Genuine American 
Flag Act’’. 
SEC. 2. IMPORTATION FOR SALE OF FOREIGN-MADE AMER-
ICAN FLAGS PROHIBITED. 
Beginning 6 months after the date of the enactment 
of this Act, no flag of the United States of America (re-
gardless of size and whether or not in compliance with 
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the standard proportions prescribed by Executive order) 
that is the product or manufacture of any foreign country 
or instrumentality may be imported for sale into the 
United States. 
Æ 
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