		II
		111th CONGRESS
		1st Session
		S. 1442
		IN THE SENATE OF THE UNITED STATES

			July 10, 2009
			Mr. Bingaman (for
			 himself, Ms. Snowe, and
			 Mr. Udall of New Mexico) introduced the
			 following bill; which was read twice and referred to the
			 Committee on Energy and Natural
			 Resources

		A BILL
		To amend the Public Lands Corps Act of 1993 to expand the
		  authorization of the Secretaries of Agriculture, Commerce, and the Interior to
		  provide service-learning opportunities on public lands, establish a grant
		  program for Indian Youth Service Corps, help restore the Nation’s natural,
		  cultural, historic, archaeological, recreational, and scenic resources, train a
		  new generation of public land managers and enthusiasts, and promote the value
		  of public service.

		1.Short titleThis Act may be cited as the
			 Public Lands Service Corps Act of
			 2009.
		2.Amendment to
			 short title
			(a)AmendmentSection
			 201 of the Public Lands Corps Act of 1993 (16 U.S.C. 1701 note; 107 Stat. 848)
			 is amended to read as follows:

					201.Short
				titleThis title may be cited
				as the Public Lands Service Corps Act of
				1993.
					.
			(b)ReferencesAny reference contained in any law,
			 regulation, document, paper, or other record of the United States to the
			 Public Lands Corps Act of 1993 shall be considered to be a
			 reference to the Public Lands Service Corps Act of 1993.
			3.ReferenceA reference in this Act to the
			 Act is a reference to the Public Lands Service Corps Act of 1993 (16
			 U.S.C. 1721 et seq.; title II of Public Law 91–378).
		4.Amendments to the
			 Public Lands Service Corps Act of 1993
			(a)Name and project
			 description changesThe Act
			 is amended—
				(1)by striking
			 Public Lands Corps each place it appears and inserting
			 Public Lands Service Corps;
				(2)by striking
			 conservation center each place it appears and inserting
			 residential conservation center; and
				(3)by striking appropriate conservation
			 projects each place it appears and inserting appropriate natural
			 and cultural resources conservation projects.
				(b)PurposeSection 202(b) of the Act is amended as
			 follows:
				(1)In paragraph (3), by striking
			 natural and cultural resources and inserting natural,
			 cultural, historic, archaeological, recreational, and scenic
			 resources.
				(2)In paragraph (4),
			 by striking and at the end.
				(3)By amending
			 paragraph (5) to read as follows:

						(5)instill in a new generation of young men
				and women from across the nation, including those from diverse backgrounds, the
				desire to seek careers in natural and cultural resource stewardship and public
				service by allowing them to work directly with conservation professionals in
				land management
				agencies;
						.
				(4)By adding after
			 paragraph (5) the following:

						(6)promote public understanding and
				appreciation of the mission and work of the Federal land, coastal, and ocean
				management agencies; and
						(7)create a grant
				program for Indian tribes to establish Indian Youth Corps so that Indian youth
				can benefit from Corps programs based on Indian lands, carrying out projects
				that their tribes and communities determine to be
				priorities.
						.
				(c)DefinitionsSection
			 203 of the Act is amended as follows:
				(1)By amending
			 paragraph (1) to read as follows:

						(1)Appropriate
				natural and cultural resources conservation projectThe term appropriate natural and
				cultural conservation project means any project for the conservation,
				restoration, construction, or rehabilitation of natural, cultural, historic,
				archaeological, recreational, or scenic
				resources.
						.

				(2)By amending
			 paragraph (9) to read as follows:

						(9)Public
				landsThe term public
				lands means any lands or waters (or interest therein) owned or
				administered by the United States, including those areas of coastal and ocean
				waters, the Great Lakes and their connecting waters, and submerged lands over
				which the United States exercises jurisdiction, except that such term does not
				include any Indian
				lands.
						.
				(3)In paragraph (10)—
					(A)in the matter
			 preceding subparagraph (A), by inserting by a tribally authorized
			 organization, before or by a nonprofit
			 organization;
					(B)in subparagraph
			 (A)—
						(i)by
			 striking full-time,; and
						(ii)by
			 inserting on Indian lands after resource
			 setting;
						(C)in subparagraph
			 (B), by striking and at the end;
					(D)in subparagraph
			 (C), by striking the period and inserting ; and; and
					(E)by adding at the
			 end the following:

							(D)makes available for audit for each fiscal
				year for which the qualified youth or conservation corps receives Federal funds
				under this Act, all information pertaining to the expenditure of the funds, any
				matching funds, and participant
				demographics.
							.
					(4)In paragraph (12)—
					(A)in subparagraph
			 (A), by striking and at the end;
					(B)in subparagraph
			 (B), by striking the period and inserting ; and; and
					(C)by adding at the
			 end the following:

							(C)with respect to the National Marine
				Sanctuary System, coral reefs, and other coastal, estuarine, and marine
				habitats, and other lands and facilities administered by the National Oceanic
				and Atmospheric Administration, the Secretary of
				Commerce.
							.
					(5)By adding at the
			 end the following:

						(14)Residential
				conservation centersThe term
				residential conservation centers means the facilities authorized
				under section 205.
						(15)Consulting
				internThe term
				consulting intern means a consulting intern selected under section
				205.
						(16)Indian
				youthThe term Indian youth means an Indian between
				the ages of 16 and 25.
						(17)Indian Youth
				CorpsThe term Indian Youth Corps means a Corps
				established under section 207 that—
							(A)enrolls a
				majority of Indian youth;
							(B)engages in
				service projects based on Indian lands; and
							(C)is administered
				by—
								(i)an Indian
				tribe;
								(ii)a coalition or
				consortium of Indian tribes; or
								(iii)a tribally
				authorized organization.
								(18)Tribally
				authorized organizationThe term tribally authorized
				organization means a qualified youth or conservation corps eligible for
				grants under section 207 that—
							(A)is acting on
				behalf of an Indian tribe pursuant to a tribal resolution that—
								(i)describes the
				agreement between the Indian tribe and the organization under which the
				organization provides a service or operates a program for the benefit of the
				members of the Indian tribe;
								(ii)is designed to
				ensure that the Indian tribe—
									(I)retains the
				authority to approve the actions of the organization on behalf of the Indian
				tribe; and
									(II)is the sole
				beneficiary of the service or program carried out by the organization for the
				Indian tribe; and
									(iii)carries out
				Indian Youth Corps activities described in section 207(b) based on Indian
				lands, as determined by the Indian tribe, to serve the purposes of the Indian
				Youth
				Corps.
								.
				(d)Public Lands
			 Service Corps programSection 204 of the Act is amended as
			 follows:
				(1)By striking subsection (a) and inserting
			 the following:

						(a)Establishment
				of Public Lands Service Corps
							(1)In
				generalThere is established in the Department of the Interior,
				the Department of Agriculture, and the Department of Commerce a Public Lands
				Service Corps. The Secretary of the Interior shall establish a department-level
				office to coordinate Public Lands Service Corps activities within the
				Department of the Interior. The Secretary of Agriculture shall establish within
				the Forest Service an office to coordinate Public Lands Service Corps
				activities within that agency. The Secretary of Commerce shall establish within
				the National Oceanic and Atmospheric Administration an office to coordinate
				Public Lands Service Corps activities within that agency. The Secretary of each
				department shall designate a Public Lands Service Corps coordinator for each
				agency within that department that administers public land service corps
				activities.
							(2)Establishment
				of Indian Youth Service Corps liaisonThe Secretary of the
				Interior shall establish an Indian Youth Service Corps liaison that
				will—
								(A)provide outreach
				to Indian tribes about contracting and grant opportunities for establishing
				Corps programs on Indian lands; and
								(B)coordinate with
				the Corporation for National Service’s Tribal Liaison to identify and establish
				Corps opportunities on Indian
				lands.
								.
				(2)In subsection (b),
			 by inserting for a period of not more than 2 years after
			 who are enrolled.
				(3)In subsection
			 (c)—
					(A)by striking
			 priority each place it appears;
					(B)by redesignating
			 paragraph (2) as paragraph (3);
					(C)in paragraph (3)
			 (as so redesignated), by inserting or awarding competitive grants to
			 Indian tribes or tribally authorized organizations under section 207
			 after paragraph (1); and
					(D)by inserting after
			 paragraph (1) the following:

							(2)RecruitmentThe Secretary shall undertake, or contract
				for, a program to attract eligible youth to the Corps by publicizing Corps
				opportunities through high schools, colleges, employment centers, and other
				appropriate
				institutions.
							.
					(4)By redesignating
			 subsections (d), (e), and (f) as subsections (e), (f), and (g),
			 respectively.
				(5)By inserting after
			 subsection (c) the following:

						(d)TrainingThe Secretary shall establish a training
				program based at appropriate residential conservation centers or at other
				suitable regional Federal or other appropriate facilities or sites to provide
				training for Corps members. The Secretary shall—
							(1)ensure that the
				duration and comprehensiveness of the training program shall be commensurate
				with the projects Corps members are expected to undertake;
							(2)develop department-wide standards for the
				program that include training in—
								(A)resource
				stewardship;
								(B)health and
				safety;
								(C)ethics for those
				in public service;
								(D)teamwork and
				leadership; and
								(E)interpersonal
				communications;
								(3)direct the National Park Service, the
				Bureau of Land Management, and the United States Fish and Wildlife Service in
				the case of the Department of the Interior, the Forest Service in the case of
				the Department of Agriculture, and the National Oceanic and Atmospheric
				Administration in the case of the Department of Commerce, to develop
				agency-specific training guidelines to ensure that Corps members enrolled to
				undertake projects for a specific agency are appropriately informed about
				matters specific to that agency, including—
								(A)the history and organization of the
				agency;
								(B)the agency’s core
				values; and
								(C)any
				agency-specific standards for the management of natural, cultural, historic,
				archaeological, recreational, and scenic resources; and
								(4)take into account training already received
				by Corps members enrolled from qualified youth or conservation
				corps.
							.
				(6)In subsection (e)
			 (as so redesignated)—
					(A)in paragraph (1), by striking The
			 Secretary may utilize the Corps or any qualified youth or conservation corps to
			 carry out appropriate and inserting The Secretary may use the
			 Corps or any qualified youth or conservation corps to carry out, under
			 appropriate supervision and training, appropriate natural and cultural
			 resource; and
					(B)by striking
			 on public lands. inserting the
			 following:

							on eligible service lands. Such
			 projects may include, but are not limited to, the
			 following:(A)Protection, restoration, or enhancement of
				ecosystem components to promote species recovery, improve biological diversity,
				enhance productivity and carbon sequestration, and enhance adaptability and
				resilience of public lands and resources in the face of climate change and
				other natural and human disturbances.
							(B)Promoting the health of forest and
				public lands and coastal and marine areas, including—
								(i)protection and restoration of
				watersheds and forest, riparian, estuarine, grassland, coral reef, intertidal,
				or other habitat;
								(ii)reduction of wildfire risk and
				mitigation of damage from insects, disease, and disasters;
								(iii)erosion control;
								(iv)control or removal of invasive,
				noxious, or nonnative species; and
								(v)restoration of native
				species.
								(C)Collection of biological,
				archaeological, and other scientific data, including monitoring of
				climatological information, species populations and movement, habitat status,
				and other factors.
							(D)Assisting in historical and cultural
				research, museum curatorial work, oral history projects, documentary
				photography, and activities that support the creation of public works of art
				related to public lands.
							(E)Construction, repair, rehabilitation,
				and maintenance of roads, trails, campgrounds, and other visitor facilities,
				and employee housing, historic sites and structures, and facilities that
				further the purposes of the Public Lands Service
				Corps.
							.
					(C)By redesignating
			 paragraphs (2) and (3) as paragraph (4) and (5), respectively.
					(D)By inserting after
			 paragraph (1) the following:

							(2)Visitor
				servicesThe Secretary
				may—
								(A)enter into or
				amend an existing cooperative agreement with a cooperating association,
				educational institute, friends group, or similar nonprofit partner organization
				for the purpose of providing training and work experience to Corps members in
				areas including, but not limited to, sales, office work, accounting, and
				management provided that the work experience directly relates to the protection
				and management of the public lands; and
								(B)allow Corps
				members to help provide information and orientation services that promote
				visitor safety and enjoyment of public lands, and assist in the gathering of
				visitor use data.
								(3)InterpretationThe Secretary may not assign Corps members
				to provide interpretation or education services for the public. However, under
				the direct and immediate supervision of an agency employee, Corps members
				may—
								(A)provide
				orientation and information services to visitors;
								(B)assist agency
				employees in the delivery of interpretive or educational programs where
				audience size, environmental conditions, safety, or other factors make such
				assistance desirable;
								(C)present programs
				that relate the personal experience of the Corps member for the purpose of
				promoting public awareness of the Corps, its role in public land management
				agencies, and its availability to potential participants; and
								(D)create nonpersonal
				interpretive products, such as website content, Junior Ranger program books,
				printed handouts, and audiovisual
				programs.
								.
					(E)In paragraph (4) (as so redesignated), by
			 striking Appropriate conservation projects and inserting
			 Appropriate natural and cultural resources conservation
			 projects.
					(7)In subsection (f)
			 (as redesignated by paragraph (4)), by striking those projects
			 which and inserting priority projects and other projects
			 that.
				(8)By adding at the
			 end the following:

						(h)Other
				participantsThe Secretary
				may allow volunteers from other programs administered by the Secretary to
				participate as volunteers in projects carried out under this section on such
				terms as the Secretary considers
				appropriate.
						.
				(e)Residential
			 conservation centers and program supportSection 205 of the Act
			 is amended as follows:
				(1)In subsection
			 (a)—
					(A)by amending
			 paragraph (1) to read as follows:

							(1)In
				generalSecretary may
				establish residential conservation centers for—
								(A)such housing, food service, medical care,
				transportation, and other services as the Secretary deems necessary for the
				Public Lands Service Corps; and
								(B)the conduct of appropriate residential
				conservation projects under this
				Act.
								;
					(B)in paragraph (4),
			 by striking with a State and inserting with another
			 Federal
					(C)by striking
			 paragraph (2); and
					(D)by redesignating
			 paragraphs (3) and (4) as paragraphs (2) and (3), respectively.
					(2)In subsection
			 (b)—
					(A)by striking
			 The Secretary and inserting the following:

							(1)The
				Secretary
							;
				and
					(B)by adding at the
			 end the following:

							(2)The Secretary may make arrangements with
				other Federal agencies, States, local governments, or private organizations to
				provide temporary housing as needed and available.
							(3)In project areas where Corps members can
				reasonably be expected to reside at their own homes, the Secretary may fund or
				provide transportation to and from project
				sites.
							.
					(3)By redesignating
			 subsection (d) as subsection (g).
				(4)By inserting after
			 subsection (c) the following:

						(d)FacilitiesThe Secretary may, as an appropriate
				natural and cultural resources conservation project, direct Corps participants
				to aid in the construction of residential conservation center facilities,
				including housing.
						(e)Green
				buildingsThe Secretary may seek the assistance of the Secretary
				of Energy in identifying and using solar and other green building technologies
				and modular housing designs that may be adapted for residential conservation
				center facilities, including—
							(1)designs from the
				Department of Energy’s Solar Decathlon competition; and
							(2)logistical support, assistance and training
				from Solar Decathlon participants.
							(f)MentorsThe
				Secretary may recruit from programs, such as agency volunteer programs, and
				from veterans groups, military retirees, and active duty personnel, such adults
				as may be suitable and qualified to provide training, mentoring, and
				crew-leading services to Corps
				participants.
						.
				(5)In subsection (g)
			 (as so redesignated), by striking that are appropriate and all
			 that follows through the period and inserting that the Secretary
			 determines to be necessary for the residential conservation
			 center..
				(f)Resource
			 assistants and consulting internsSection 206 of the Act is
			 amended as follows:
				(1)In subsection (a), by striking The
			 Secretary is authorized, to provide individual placements of resource
			 and inserting the following:

						The Secretary is
			 authorized, to provide individual placements of the
			 following:(1)Resource
						.
				(2)In subsection
			 (a)(1) (as so designated), by striking law, rule regulations and
			 inserting laws, rules, or regulations.
				(3)By inserting after subsection (a)(1) (as so
			 designated), the following:

						(2)Consulting interns with any Federal land,
				coastal, or ocean management agency under the jurisdiction of the Secretary to
				carry out management analysis activities on behalf of the agency. To be
				eligible for selection as a consulting intern, an individual must be a current
				enrollee and have completed at least one full year at a graduate or
				professional school that has been accredited by an accrediting body that has
				been recognized by the Secretary of Education. The Secretary may select
				consulting interns without regard to the civil service and classification laws,
				rules, or regulations of the United
				States.
						.
				(4)In subsection
			 (b)—
					(A)by striking
			 Whenever and inserting (1) Whenever; and
					(B)by adding at the
			 end the following:

							(2)Whenever one or more nonprofit
				organizations can provide, in the judgment of the Secretary, appropriate
				recruitment and placement services to fulfill the requirements of this section,
				the Secretary may implement this section through such nonprofit organizations.
				Participating nonprofit organizations shall contribute to the expenses of
				providing and supporting the consulting interns through private sources of
				funding, at a level equal to 10 percent of the total costs of each participant
				in the consulting internship program who has been recruited and placed through
				that nonprofit organization. Any such participating nonprofit organization
				shall be required, by the respective land, coastal, or ocean management agency,
				to submit an annual report evaluating the scope, size, and quality of the
				program, including the value of work contributed by the consulting interns, to
				the mission of the
				agency.
							.
					(g)Technical
			 amendmentThe Act is amended
			 by redesignating sections 207, 208, 209, 210, and 211 as sections 209, 210,
			 211, 212, and 213, respectively.
			(h)Indian Youth
			 Service CorpsThe Act is
			 amended by inserting after section 206 the following:

					207.Indian Youth
				Service Corps
						(a)Authorization
				of competitive grantsThe Secretary is authorized to enter into
				cooperative agreements with, or make competitive grants to, Indian tribes and
				tribally authorized organizations for the establishment and administration of
				Indian Youth Corps.
						(b)ApplicationTo
				be eligible to receive assistance under this section, an Indian tribe or
				tribally authorized organization shall submit to the Secretary an application
				at such time, in such manner, and containing such information as the Secretary
				may require, including—
							(1)a description of
				the methods by which Indian youth will be recruited for and retained in the
				Indian Youth Corps;
							(2)a description of
				the projects to be carried out by the Indian Youth Corps;
							(3)a description of
				how the projects were identified by the Indian tribe or community to be served;
				and
							(4)an explanation of
				the impact of, and the direct community benefits provided by the proposed
				projects.
							.
			(i)GuidanceThe
			 Act is amended by inserting after section 207 the following:

					208.GuidanceNot later than 18 months after funds are
				made available for this purpose, the Secretaries shall issue guidelines for the
				management of the Public Lands Service Corps programs for use by regional and
				State directors, and the supervisors of individual parks, forests, districts,
				sanctuaries, reserves, and
				refuges.
					.
			(j)Living
			 allowances and terms of serviceSection 209 of the Act (as redesignated by
			 subsection (g)) is amended—
				(1)in subsection (a)—
					(A)by inserting or the Indian Youth
			 Corps before and each resource assistant; and
					(B)by adding at the end the
			 following:

							The Secretary
			 may—(1)apply a cost-of-living differential to such
				allowances; and
							(2)reimburse Corps members for travel costs at
				the beginning and end of their term of service if the Secretary deems
				appropriate.
							;
					(2)by striking
			 subsection (b) and inserting the following:

						(b)Terms of
				serviceEach participant in the Public Lands Service Corps or the
				Indian Youth Service Corps and each resource assistant shall agree to
				participate in the respective Corps or serve as a resource assistant, as
				applicable, for such term of service as may be established by the Secretary
				enrolling or selecting the individual. With respect to the Indian Youth Service
				Corps, the term of service shall be established in consultation with the
				affected Indian tribe or tribally authorized
				organization.
						;
				and
				(3)in subsection
			 (c)—
					(A)in the subsection
			 heading, by inserting preference and future employment after
			 Hiring;
					(B)in paragraph (1),
			 by striking and at the end;
					(C)by amending
			 paragraph (2) to read as follows:

							(2)provide to a former member of the Public
				Lands Service Corps or the Indian Youth Service Corps noncompetitive hiring
				status for a period of not more than 2 years after the date on which the
				member's service with the respective Corps is complete, if the
				candidate—
								(A)has served a minimum of 960 hours on an
				appropriate natural or cultural resource conservation project that included at
				least 120 hours through the Public Lands Service Corps or the Indian Youth
				Service Corps; and
								(B)meets Office of Personnel Management
				qualification standards for the position to which the candidate is
				applying;
								;
				and
					(D)by adding at the
			 end the following:

							(3)provide to an individual who has
				successfully fulfilled the consulting internship program noncompetitive hiring
				status for a period of not more than 2 years after the date on which the
				individual has completed a graduate degree from an accredited institution;
				and
							(4)provide, or enter into contracts or
				cooperative agreements with qualified employment agencies to provide, alumni
				services such as job and education counseling, referrals, verification of
				service, communications, and other appropriate services to members who have
				completed their Public Lands Service Corps or Indian Youth Service Corps term
				of
				service.
							.
					(k)National
			 service educational awardsSection 210 of the Act (as
			 redesignated by subsection (g)) is amended—
				(1)in subsection
			 (a), by inserting or the Indian Youth Service Corps before
			 or a resource assistant; and
				(2)in subsection
			 (b), by inserting respective before Corps.
				(l)NondisplacementSection
			 211 of the Act (as redesignated by subsection (g)) is amended by inserting
			 or the Indian Youth Service Corps before , to all
			 activities.
			(m)FundingSection
			 212 of the Act (as redesignated by subsection (g)) is amended—
				(1)in subsection
			 (a)—
					(A)in paragraph (1),
			 by adding at the end the following: The Secretary may reduce the
			 non-Federal costs of a project to not less than 10 percent if the Secretary
			 determines that the reduction is necessary to enable participation from a
			 greater range of organizations.; and
					(B)in paragraph
			 (2)—
						(i)by
			 striking the paragraph designation and heading and inserting the
			 following:

								(2)Corps
				projects
								;
				and
						(ii)in
			 the first sentence, by inserting or Indian Youth Corps before
			 and carrying out; and
						(2)by striking
			 subsection (b) and inserting the following:

						(b)Funds available
				under National and Community Service ActIn order to carry out
				this Act, the Secretary shall be eligible to apply for and receive assistance
				under section 121(b) of the National and Community Service Act (42 U.S.C.
				12571(b)).
						.
				(n)Authorization of
			 appropriationsSection 213 of
			 the Act (as redesignated by subsection (g)) is amended—
				(1)by striking
			 subsection (a) and inserting the following:

						(a)In
				generalThere are authorized to be appropriated such sums as may
				be necessary to carry out this
				Act.
						;
				(2)by striking
			 subsection (b); and
				(3)by redesignating
			 subsection (c) as subsection (b).


110 HR 6708 IH: To amend the Internal Revenue Code of 1986 to provide that no loan may be made from a qualified employer plan using revolving credit arrangements and to limit the number of loans that may be made from a qualified employer plan to a participant or beneficiary.
U.S. House of Representatives
2008-07-31
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I
110th CONGRESS
2d Session
H. R. 6708
IN THE HOUSE OF REPRESENTATIVES

July 31, 2008
Mr. Foster (for himself and Mr. Pomeroy) 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 provide that no loan may be made from a qualified employer plan using revolving credit arrangements and to limit the number of loans that may be made from a qualified employer plan to a participant or beneficiary.

1.Qualified employer plans prohibited from making loans through revolving credit arrangements
(a)In generalSubsection (a) of section 401 of the Internal Revenue Code of 1986 is amended by inserting after paragraph (37) the following new paragraph:

(38)Prohibition of loans through revolving credit arrangementsA trust shall not constitute a qualified trust under this section if the plan makes any loan to any beneficiary under the plan in the form of a revolving credit arrangement..
(b)Application to employee annuities
(1)In generalSection 404(a)(2) of the Internal Revenue Code of 1986 (relating to employees’ annuities) is amended by striking and (31) and inserting (31), and (38).
(2)Section 403(b) annuity contractsSection 403(b)(1) of such Code is amended by striking and at the end of subparagraph (D), by inserting and at the end of subparagraph (E), and by inserting after subparagraph (E) the following new subparagraph:

(F)the requirements of section 401(a)(38) are met with respect to the contract and any plan under which the contract is purchased,.
(c)Effective dateThe amendments made by this section shall apply to plan years beginning after the date of the enactment of this Act.
2.Limitation on number of loans from qualified employer plans which may be outstanding with respect to any participant or beneficiary
(a)In generalParagraph (2) of section 72(p) of the Internal Revenue Code of 1986 (relating to loans treated as distributions) is amended by redesignating subparagraph (D) as subparagraph (E) and by inserting after subparagraph (C) the following new subparagraph:

(D)Exception only to apply to 3 loans
(i)In generalSubparagraph (A) shall not apply to any loan made after the date of the enactment of this subparagraph if, immediately after such loan is made, the number of outstanding loans from the plan to the participant or beneficiary exceeds 3.
(ii)RefinancingsIf any loan made after the date of the enactment of this subparagraph refinances 1 or more outstanding loans from the plan to the participant or beneficiary, the number of loans taken into account under subparagraph (A) with respect to such loan shall be equal to 1 plus the number of loans refinanced by such loan..
(b)Effective dateThe amendments made by this section shall apply to loans made after the date of the enactment of this Act.


		I
		112th CONGRESS
		2d Session
		H. R. 4031
		IN THE HOUSE OF REPRESENTATIVES

			February 14, 2012
			Mr. Young of Alaska
			 (for himself and Mr. Cole) introduced
			 the following bill; which was referred to the
			 Committee on Natural
			 Resources

		A BILL
		To provide that claims presented to an Indian Health
		  Service contracting officer pursuant to the Indian Self-Determination and
		  Education Assistance Act on or before October 31, 2005, involving claims that
		  accrued after October 1, 1995, and on or before September 30, 1999, shall be
		  deemed timely presented.

		1.Timely presentation of
			 certain claimsNotwithstanding
			 any other provision of law, claims presented to an Indian Health Service
			 contracting officer pursuant to the Indian Self-Determination and Education
			 Assistance Act (25 U.S.C. 450 et seq.) on or before October 31, 2005, involving
			 claims that accrued after October 1, 1995, and on or before September 30, 1999,
			 shall be deemed timely presented.


114 S1756 RS: Small Business Energy Efficiency Act of 2015
U.S. Senate
2015-07-14
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

IICalendar No. 223114th CONGRESS1st SessionS. 1756IN THE SENATE OF THE UNITED STATESJuly 14, 2015Mrs. Shaheen (for herself, Mr. Coons, and Ms. Hirono) introduced the following bill; which was read twice and referred to the Committee on Small Business and EntrepreneurshipSeptember 15, 2015Reported by Mr. Vitter, without amendmentA BILLTo help small businesses take advantage of energy efficiency.

 1.Short titleThis Act may be cited as the Small Business Energy Efficiency Act of 2015.
 2.Energy efficiencySection 501(d)(3) of the Small Business Investment Act of 1958 (15 U.S.C. 695(d)(3)) is amended— (1)in subparagraph (K), by striking producers, or and inserting producers,;
 (2)in subparagraph (L), by striking the period at the end and inserting , or; and (3)by inserting after subparagraph (L) the following:

 (M)enhanced ability for small business concerns to achieve savings through energy efficiency..September 15, 2015Reported without amendment


113 HR 207 IH: To amend the Internal Revenue Code of 1986 to make members of health care sharing ministries eligible to establish health savings accounts.
U.S. House of Representatives
2013-01-04
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		I
		113th CONGRESS
		1st Session
		H. R. 207
		IN THE HOUSE OF REPRESENTATIVES

			January 4, 2013
			Mr. Schock (for
			 himself, Mrs. Bachmann,
			 Mr. King of Iowa,
			 Mr. Jones,
			 Mr. Huelskamp,
			 Mr. Huizenga of Michigan,
			 Mr. Pitts,
			 Mr. Posey,
			 Mr. Roe of Tennessee,
			 Mr. Walberg, and
			 Mr. Westmoreland) 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 make
		  members of health care sharing ministries eligible to establish health savings
		  accounts.

		1.Members of health care
			 sharing ministries eligible to establish health savings accounts
			(a)In
			 generalSection 223 of the
			 Internal Revenue Code of 1986 is amended by adding at the end the following new
			 subsection:

					(i)Application to
				health care sharing ministriesFor purposes of this section, membership in
				a health care sharing ministry (as defined in section 5000A(d)(2)(B)(ii)) shall
				be treated as coverage under a high deductible health
				plan.
					.
			(b)Effective
			 dateThe amendment made by this section shall apply to taxable
			 years beginning after the date of the enactment of this Act.


		II
		110th CONGRESS
		2d Session
		S. 3705
		IN THE SENATE OF THE UNITED STATES

			November 19, 2008
			Ms. Snowe introduced the
			 following bill; which was read twice and referred to the
			 Committee on
			 Finance

		A BILL
		To amend the Small Business Act and the Small Business
		  Investment Act of 1958 to stop the small business credit crunch, and for other
		  purposes.

		1.Short
			 title; Definitions
			(a)Short
			 TitleThis Act may be cited
			 as the 10 Steps for a Main Street
			 Economic Recovery Act of 2008.
			(b)DefinitionsIn
			 this Act—
				(1)the term
			 Administration means the Small Business Administration;
				(2)the term
			 Administrator means the Administrator of the Small Business
			 Administration; and
				(3)the term
			 small business concern has the same meaning as in section 3 of the
			 Small Business Act (15 U.S.C. 632).
				2.7(a)
			 loans
			(a)Maximum loan
			 amountSection 7(a)(3)(A) of
			 the Small Business Act (15 U.S.C. 636(a)(3)(A)) is amended by striking
			 $1,500,000 (or if the gross loan amount would exceed $2,000,000
			 and inserting $2,500,000 (or if the gross loan amount would exceed
			 $3,000,000.
			(b)Refinancing
			 Existing Loans
				(1)In
			 GeneralSection 7(a) of the Small Business Act (15 U.S.C. 636) is
			 amended by adding at the end the following:

						(34)Refinancing
				existing loansA borrower that has received a loan under this
				subsection may refinance the balance of the loan by applying for a loan from
				the lender that made the original loan or with another
				lender.
						.
				(2)Technical
			 amendmentSection 7(a) of the Small Business Act (15 U.S.C.
			 636(a)) is amended by striking (32)
			 Increased and inserting (33)
			 Increased.
				(c)Alternative
			 size standardSection 3(a) of the Small Business Act (15 U.S.C.
			 632(a)) is amended by adding at the end the following:

					(5)Optional size
				standard
						(A)In
				generalThe Administrator shall establish an optional size
				standard for business loan applicants under section 7(a) and development
				company loan applicants under title V of the Small Business Investment Act of
				1958 (15 U.S.C. 695 et seq.) that uses maximum tangible net worth and average
				net income as an alternative to the industry size standard.
						(B)Interim
				ruleUntil the date on which the optional size standards
				established under subparagraph (A) are in effect, the alternative size standard
				in section 121.301(b) of title 13, Code of Federal Regulations, or any
				successor thereto, may be used by business loan applicants under section
				7(a).
						.
			(d)Flexibility for
			 Pooling of Large LoansSection 5(g)(1) of the Small Business Act
			 (15 U.S.C. 634(g)(1)) is amended by—
				(1)inserting
			 (A) after (1);
				(2)striking the
			 colon and inserting a period;
				(3)striking
			 Provided and all that follows through
			 certificates and inserting the following:

						(B)A trust certificate issued under this
				paragraph
						;
				and
				(4)adding at the end
			 the following:

						(C)For a loan of more than $500,000 that
				has been guaranteed by the Administrator under this Act, the Administrator
				shall, on the request of a loan pool assembler, divide the amount of such loan
				into individual guarantees, no 1 of which may exceed $500,000. Not more than 1
				portion of a loan that has been divided under this subparagraph shall be
				included in the same pool. Portions of more than 1 loan divided under this
				subparagraph may be included in the same pool.
						(D)A
				lender that makes or services a loan guaranteed under section 7(a) may purchase
				or hold all or any part of a loan pool that includes a loan made or serviced by
				the lender.
						(E)A
				purchase or holding by a lender described in subparagraph (D) shall not affect
				the guarantee under section 7(a) of a loan in a
				pool.
						.
				3.Community
			 express and rural lending
			(a)Community
			 Express Program EstablishedSection 7(a) of the Small Business Act (15
			 U.S.C. 636(a)), as amended by this Act, is amended by adding at the end the
			 following:

					(35)Community
				express program
						(A)DefinitionsIn
				this paragraph—
							(i)the term
				community express program means the loan program under this
				paragraph;
							(ii)the term
				eligible small business concern means—
								(I)a small business
				concern owned and controlled by women, as defined in section 29(a)(3);
								(II)a small business
				concern owned by a qualified Indian tribe;
								(III)a small
				business concern owned and controlled by a socially or economically
				disadvantaged individual, as determined by the Administrator;
								(IV)a small business
				concern owned and controlled by veterans;
								(V)a small business
				concern owned and controlled by a member of a reserve component of the Armed
				Forces, as defined in section 101 of title 10, United States Code;
								(VI)a small business
				concern located in an area that the Administrator determines to be a low-income
				or moderate-income area;
								(VII)a HUBZone small
				business concern; and
								(VIII)a small
				business concern located in a special market initiative;
								(iii)the term
				qualified private lender means a private lender that meets such
				requirements as the Administrator shall establish; and
							(iv)the term
				special market initiative means a community, market, or industry
				designated by the Director of a district office of the Administration for
				economic development purposes.
							(B)Loans of
				$150,000 or less
							(i)AuthorizationThe
				Administrator may guarantee timely payment of principal and interest, as
				scheduled, on a loan of not more than $150,000 issued by a qualified private
				lender to a small business concern.
							(ii)Guarantee
				percentageThe Administrator may guarantee not more than 85
				percent of the amount of a loan under this subparagraph.
							(C)Loans of more
				than $150,000
							(i)AuthorizationThe
				Administrator may guarantee timely payment of principal and interest, as
				scheduled, on a loan of more than $150,000 and not more than $300,000 issued by
				a qualified private lender to an eligible small business concern under this
				subparagraph.
							(ii)Guarantee
				percentageThe Administrator may guarantee not more than 75
				percent of a loan the amount of a loan under this subparagraph.
							(D)Qualified
				private lender requirements
							(i)Technical
				assistanceA qualified private lender shall—
								(I)ensure that
				appropriate technical assistance is provided to each borrower that receives a
				loan under the community express program from the qualified private
				lender;
								(II)encourage a
				borrower that receives a loan under the community express program from the
				qualified private lender to use the business development programs of the
				Administration for technical assistance; and
								(III)to the extent
				practicable, use the loan process to work with a borrower that receives a loan
				under the community express program from the qualified private lender, in order
				to—
									(aa)develop a
				business plan, if appropriate;
									(bb)assess the
				strengths and weaknesses of the borrower in management and other relevant
				areas; and
									(cc)provide
				technical assistance to address any assessed weaknesses of the borrower.
									(ii)Collateral
				policy
								(I)In
				generalThe Administrator shall establish a policy relating to
				collateral for loans under the community express program, which shall permit a
				qualified private lender to make a loan of not more than $15,000 without
				collateral.
								(II)LimitationThe
				policy established by the Administrator may not limit the ability of a
				qualified private lender to follow any internal procedure of the lender related
				to collateral.
								(iii)Equity of
				borrowersEach qualified private lender shall verify that a
				borrower receiving a loan under the community express program has an equity
				stake of at least 10 percent in the business concern.
							(iv)Financial
				statementsEach qualified private lender shall obtain a financial
				statement from a borrower before making a loan under the community express
				program.
							(v)Sale of
				loansA qualified private lender may not sell more than 80
				percent of the total dollar value of the loans made by the qualified private
				lender under the community express program to another person or entity.
							(E)Simplification
				of rulesThe Administrator shall review the regulations and
				procedures relating to the community express program to ensure that such
				regulations and procedures are simple and clear and do not create barriers to
				participation in the program.
						(F)Notice and
				commentThe Administrator shall establish policies relating to
				the community express program—
							(i)after notice and
				the opportunity for comment; and
							(ii)not later than 1
				year after the date of enactment of this
				paragraph.
							.
			(b)Rural Lender
			 and New Lender Outreach ProgramSection 7(a) of the Small
			 Business Act (15 U.S.C. 636(a)), as amended by this Act, is amended by adding
			 at the end the following:

					(36)Rural lender
				and new lender outreach program
						(A)DefinitionsIn
				this paragraph—
							(i)the term
				new lender means a lender that has not made more than 20 loans
				guaranteed by the Administrator during the 3-year period ending on the date on
				which the applicable loan is submitted (including a lender that has not made a
				loan guaranteed by the Administration);
							(ii)the term
				rural area has the meaning given that term in subsection (m);
				and
							(iii)the term
				rural lender means a lender that—
								(I)is located in a
				rural area; and
								(II)made not more
				than 20 loans guaranteed by the Administration during the 3-year period ending
				on the date on which the applicable loan application is submitted (including a
				lender that has not made a loan guaranteed by the Administration).
								(B)ProgramThe
				Administrator shall carry out a rural lender and new lender outreach program,
				under which the Administrator may guarantee timely payment of principal and
				interest, as scheduled, on a loan to a small business concern of not more than
				$500,000 made by a rural lender or a new lender.
						(C)Loan
				processing
							(i)In
				generalThe Administrator shall establish, for loans guaranteed
				under this paragraph—
								(I)streamlined
				application and documentation requirements; and
								(II)minimum credit
				standards necessary to provide for a reasonable assurance of repayment, in
				accordance with paragraph (6).
								(ii)New lender
				training and certificationThe Administrator may guarantee a loan
				made by a new lender under this paragraph if the Administrator—
								(I)provides the new
				lender with training described in subparagraph (D); and
								(II)determines that
				the new lender meets minimum standards for program knowledge, borrower
				eligibility, and underwriting standards.
								(iii)Approval or
				disapprovalFor a loan guaranteed under this paragraph, the
				Administrator shall approve or disapprove the loan in as expedited manner as
				practicable.
							(D)TrainingAt
				regularly scheduled intervals and upon request by a new lender or rural lender
				the Administrator shall provide training for new lenders and rural lenders on
				the loan guarantee program under this
				subsection.
						.
			(c)Electronic
			 Online Loan Underwriting Program Guide
				(1)PurposeThe
			 purpose of this subsection is to assist rural lenders and new lenders in making
			 more loans of good underwriting quality to small business concerns.
				(2)Online
			 underwriting guideThe Administrator shall establish an online
			 underwriting program guide (in this subsection referred to as the
			 guide) to develop the lending capacity of rural lenders and new
			 lenders (as such terms are defined in paragraph (36) of section 7(a) of the
			 Small Business Act (15 U.S.C. 636(a)), as added by this Act).
				(3)RequirementsThe
			 guide—
					(A)is not intended
			 to replace the internal credit scoring and loan approval process of a
			 lender;
					(B)shall demonstrate
			 the steps the Administrator expects a lender to take in making a loan under a
			 program of the Administration;
					(C)shall assist a
			 lender in using the internal credit evaluation processes of the lender to make
			 a loan under a program of the Administration and build the capacity and ability
			 of the lender to make such loans;
					(D)shall provide
			 simple steps to assist a lender that has not made a loan guaranteed by the
			 Administration through the loan application process for a loan under section
			 7(a) of the Small Business Act (15 U.S.C. 636(a));
					(E)shall include
			 information, guidance, sample documentation, questions and answers, and any
			 other information necessary to guide a lender through the process of making a
			 loan guaranteed by the Administration in a systematic and simple fashion;
			 and
					(F)shall include
			 information relating to—
						(i)loan application
			 and preapproval;
						(ii)loan
			 underwriting;
						(iii)requirements
			 after loan approval;
						(iv)preparation for
			 loan closing;
						(v)closing the loan;
			 and
						(vi)servicing the
			 loan.
						(4)Electronically
			 submitted loansThe Administrator shall use the guide as a means
			 to increase the number of applications for loan guarantees submitted
			 electronically for approval from rural lenders and new lenders.
				4.504
			 loans
			(a)Maximum loan
			 amounts under 504 programSection 502(2)(A) of the Small Business
			 Investment Act of 1958 (15 U.S.C. 696(2)(A)) is amended—
				(1)in clause (i), by striking
			 $1,500,000 and inserting $2,250,000;
				(2)in clause (ii),
			 by striking $2,000,000 and inserting $3,000,000;
			 and
				(3)in clause (iii),
			 by striking $4,000,000 and inserting
			 $5,500,000.
				(b)Businesses in
			 low-income communities
				(1)GoalsSection
			 501(d)(3)(A) of the Small Business Investment Act of 1958 (15 U.S.C.
			 695(d)(3)(A)) is amended by inserting after business district
			 revitalization, the following: or expansion of businesses in a
			 low-income community, as defined in section 45D(e) of the Internal Revenue Code
			 of 1986 and implementing regulations,.
				(2)Additional
			 incentivesSection 502 of the Small Business Investment Act of
			 1958 (15 U.S.C. 696) is amended by adding at the end the following:

						(7)Low-income
				communities
							(A)Loan
				amountNotwithstanding paragraph (2)(A)(ii), a loan under this
				section for use in a low-income community described in section 501(d)(3)(A) may
				not exceed $5,500,000.
							(B)Size
				standardsFor purposes of determining eligibility for a loan
				under this section for use in a low-income community described in section
				501(d)(3)(A), the size standards established by the Administrator under section
				3 of the Small Business Act (15 U.S.C. 632) shall be increased by 25
				percent.
							(C)Personal
				liquidity
								(i)In
				generalFor any loan under this section for use in a low-income
				community described in section 501(d)(3)(A), the amount of personal resources
				of an owner that are excluded from the amount required to be provided to reduce
				the portion of the project funded by the Administration shall be not less than
				25 percent more than that required for other loans under this section.
								(ii)DefinitionIn
				this subparagraph, the term owner means any person that owns not
				less than 20 percent of the equity of the small business concern applying for
				the applicable
				loan.
								.
				(c)Additional
			 equity injectionsSection
			 502(3)(B)(ii) of the Small Business Investment Act of 1958 (15 U.S.C.
			 696(3)(B)(ii)) is amended to read as follows:

					(ii)Funding from
				institutionsIf a small business concern—
						(I)provides the
				minimum contribution required under subparagraph (C), not less than 50 percent
				of the total cost of any project financed under clause (i), (ii), or (iii) of
				subparagraph (C) shall come from the institutions described in subclauses (I),
				(II), and (III) of clause (i) of this subparagraph; and
						(II)provides more
				than the minimum contribution required under subparagraph (C), any excess
				contribution may be used to reduce the amount required from the institutions
				described in subclauses (I), (II), and (III) of clause (i) of this
				subparagraph, except that the amount from such institutions may not be reduced
				to an amount that is less than the amount of the loan made by the
				Administrator.
						.
			(d)Refinancing
			 under the local development business loan programSection 502 of the Small Business
			 Investment Act of 1958 (15 U.S.C. 696), as amended by this Act, is amended by
			 adding at the end the following:

					(8)Permissible
				debt refinancing
						(A)In
				generalAny financing approved under this title may include a
				limited amount of debt refinancing.
						(B)ExpansionsIf
				the project involves expansion of a small business concern which has existing
				indebtedness collateralized by fixed assets, any amount of existing
				indebtedness that does not exceed 1/2 of the project cost
				of the expansion may be refinanced and added to the expansion cost, if—
							(i)the proceeds of
				the indebtedness were used to acquire land, including a building situated
				thereon, to construct a building thereon, or to purchase equipment;
							(ii)the borrower has
				been current on all payments due on the existing debt for not less than 1 year
				preceding the date of refinancing; and
							(iii)the financing
				under section 504 will provide better terms or rate of interest than exists on
				the debt at the time of
				refinancing.
							.
			(e)Job Creation
			 RequirementsSection 501(e) of the Small Business Investment Act
			 of 1958 (15 U.S.C. 695(e)) is amended—
				(1)in paragraph (1),
			 by striking $50,000 and inserting $65,000;
			 and
				(2)in paragraph (2),
			 by striking $50,000 and inserting $65,000.
				5.Guarantee and
			 sale of bank financings with 504 loan program
			(a)DefinitionsIn
			 this section—
				(1)the term
			 pool assembler means a financial institution that—
					(A)organizes and
			 packages a loan pool by acquiring the guaranteed portion of third party
			 financings guaranteed by the Administrator under subsection (b);
					(B)resells
			 fractional interests in the loan pool to registered holders; and
					(C)directs that the
			 fiscal and transfer agent of the Administrator to issue trust certificates;
			 and
					(2)the term
			 third party financing means a financing described in section
			 502(3)(B)(ii) of the Small Business Investment Act of 1958 (15 U.S.C.
			 696(3)(B)(ii))—
					(A)made on or before
			 the date of enactment of this Act;
					(B)that provides for
			 the payment of interest at a fixed rate or under a variable rate index (plus a
			 spread) based upon Prime rate, a London Interbank Offered Rate (or LIBOR), a
			 Federal Home Loan Bank rate, a United States Treasury rate, or a generally
			 accepted market index rate approved by the Administrator;
					(C)that provides
			 amortized payments with a maturity of not more than 25 years; and
					(D)for which the
			 borrower—
						(i)is current on all
			 payments due on the loan on the date on which the loan is guaranteed under
			 subsection (b); and
						(ii)has not been
			 more than 29 days past due on a payment during the 12-month period ending on
			 the date on which the loan is guaranteed under subsection (b).
						(b)Loan
			 guarantee
				(1)In
			 generalTo the extent amounts are provided in advance in
			 appropriations Acts, and in accordance with this subsection, upon application
			 of a pool assembler who has acquired a third party financing, the Administrator
			 shall guarantee the timely repayment of principal and interest on 80 percent of
			 the balance of the third party financing outstanding on the date of the
			 guarantee.
				(2)LendersA
			 lender that made a third party financing guaranteed under paragraph (1)—
					(A)shall—
						(i)agree to hold and
			 service the note issued as part of the third party financing;
						(ii)comply with the
			 reporting and payment remittance requirements of the Administrator; and
						(iii)enter a
			 secondary participation guaranty agreement with the Administrator and the
			 fiscal and transfer agent of the Administrator; and
						(B)may collect and
			 retain all of any applicable prepayment penalties otherwise provided in the
			 event the third party financing is prepaid.
					(3)Guarantee
			 feeTo cover the costs of guarantees under this subsection and
			 the cost of issuing trust certificates under subsection (c), a lender that made
			 a third party financing guaranteed under paragraph (1) shall pay to the
			 Administrator—
					(A)a one-time fee
			 equal to 1 percent of the net amount of the third party financing guaranteed by
			 the Administration, payable on the date on which the third party financing is
			 guaranteed; and
					(B)a monthly fee on
			 the unpaid balance of the net amount of the third party financing guarantee at
			 the rate of 25 basis points per year.
					(4)Maximum
			 amountThe Administrator may guarantee a total amount of not more
			 than $6,000,000,000 in third party financings under this subsection.
				(5)Termination of
			 authorityThe authority of the Administrator to guarantee a third
			 party financing under this subsection shall terminate on September 30,
			 2010.
				(6)AppropriationIn
			 addition to any other amounts appropriated, there are appropriated for the
			 fiscal year ending September 30, 2009, for the Business Loans Program
			 Account of the Administration, out of any money in the Treasury not
			 otherwise appropriated, $1 for loan subsidies and for loan modifications for
			 guarantees authorized under this subsection, to remain available until
			 expended.
				(c)Trust
			 certificates
				(1)IssuanceThe
			 Administrator may issue a trust certificate representing ownership of all or a
			 fractional part of the guaranteed portion of 1 or more third party financings
			 that have been guaranteed by the Administrator under subsection (b). A trust
			 certificate issued under this subsection shall be based on and backed by a
			 trust or pool approved by the Administrator and composed solely of the entire
			 guaranteed portion of third party financings guaranteed by the Administrator
			 under subsection (b).
				(2)Pooling
			 requirements
					(A)Interest
			 rateThe interest rate on a trust certificate issued under this
			 subsection shall be the weighted average interest rate of all third party
			 financings in the pool. There shall be no limit on the difference between the
			 highest and lowest note interest rates on third party financings forming the
			 pool.
					(B)Maturity
						(i)In
			 generalEach pool may include either—
							(I)third party
			 financings with remaining terms to maturity of 15 years or less; or
							(II)third party
			 financings with remaining terms to maturity of more than 15 years.
							(ii)No other
			 limitationsExcept as provided in clause (i), the Administrator
			 may not limit the difference between the remaining terms to maturity of the
			 third party financings forming a pool.
						(C)Size
						(i)In
			 generalIf the amount of the guaranteed portion of any third
			 party financing exceeds $500,000, the Administrator shall, upon request of the
			 pool assembler, divide the amount of the third party financing into individual
			 guarantees no 1 of which exceeds $500,000.
						(ii)Divided
			 financingsNot more than 1 portion of a third party financing
			 that has been divided under this subparagraph shall be included in the same
			 pool. Portions of more than 1 third party financing divided under this
			 subparagraph may be included in the same pool.
						(3)Timely
			 payment
					(A)In
			 generalThe Administrator may, upon such terms and conditions as
			 the Administrator determines appropriate, guarantee the timely payment of
			 principal and interest on a trust certificate issued by the Administrator or an
			 agent of the Administrator under this subsection. A guarantee under this
			 paragraph shall be limited to the principal and interest on the guaranteed
			 portions of the third party financings that comprise the trust or pool.
					(B)PrepaymentIf
			 a third party financing in a trust or pool guaranteed under this paragraph is
			 prepaid, either voluntarily or in the event of default, the guarantee of timely
			 payment of principal and interest on the trust certificates shall be reduced in
			 proportion to the amount of principal and interest the prepaid third party
			 financing represents in the trust or pool. Interest on prepaid or defaulted
			 third party financings shall accrue and be guaranteed by the Administrator only
			 through the date of payment on the guarantee. During the term of a trust
			 certificate issued under this subsection, the trust certificate may be called
			 for redemption due to prepayment or default of all third party financings
			 constituting the pool.
					(4)Full faith and
			 creditThe full faith and credit of the United States is pledged
			 to the payment of all amounts that may be required to be paid under any
			 guarantee of a trust certificate issued by the Administrator or an agent of the
			 Administrator under this subsection.
				(5)Use of
			 agentThe Administrator shall negotiate an amendment to the
			 contract in effect on the date of enactment of this Act with the agent for fee
			 collection for trust certificates issued under section 5(g) of the Small
			 Business Act (15 U.S.C. 634(g)) to collect the monthly fee under subsection
			 (b)(3)(B) of this section. The agent may receive, as compensation for services,
			 any interest earned on a fee collected under this section while in the control
			 of the agent before the time at which the agent is contractually required to
			 remit the fee to the Administrator.
				(6)ClaimsIn
			 the event the Administrator pays a claim under a guarantee issued under this
			 subsection, it shall be subrogated fully to the rights satisfied by such
			 payment.
				(7)Ownership
			 rightsNo State or local law, and no Federal law, shall preclude
			 or limit the exercise by the Administrator of the ownership rights in the
			 portions of third party financings constituting the trust or pool against which
			 a trust certificate is issued under this subsection.
				(8)Central
			 registrationThe Administrator—
					(A)shall provide for
			 a central registration of all trust certificates issued under this
			 subsection;
					(B)shall negotiate
			 an amendment to the contract in effect on the date of enactment of this Act
			 with the agent for central registration of trust certificates issued pursuant
			 to section 5(h) of the Small Business Act (15 U.S.C. 634(h)) to carry out on
			 behalf of the Administrator the central registration functions under this
			 subsection and the issuance of trust certificates to facilitate pooling, under
			 which—
						(i)the
			 agent may be compensated through any of the fees collected under this section
			 and any interest earned on any funds collected by the agent while such funds
			 are in the control of the agent and before the time at which the agent is
			 contractually required to transfer such funds to the Administrator or to the
			 holders of the trust certificates, as appropriate; and
						(ii)the agent shall
			 provide a fidelity bond or insurance in such amounts as the Administrator
			 determines to be necessary to fully protect the interest of the Government;
			 and
						(C)may—
						(i)use
			 a book-entry or other electronic form of registration for trust certificates
			 issued under this subsection; and
						(ii)with the consent
			 of the Secretary of the Treasury, use the book-entry system of the Federal
			 Reserve System.
						(9)SaleThe
			 Administrator shall, before any sale of a trust certificate issued under this
			 subsection, require the seller to disclose to the purchaser of the trust
			 certificate information on the terms, conditions, and yield of such
			 instrument.
				(10)Brokers and
			 dealersThe Administrator may issue regulations relating to the
			 brokering of and dealing in trust certificates sold under this
			 subsection.
				(11)Termination of
			 authorityThe authority of the Administrator to issue trust
			 certificates under this subsection shall terminate on September 30,
			 2010.
				(d)ImplementationNot
			 later than 30 days after the date of enactment of this Act, the Administrator
			 shall issue interim final regulations to carry out this section.
			(e)Lender purchase
			 eligibility
				(1)In
			 generalA lender that made or services a loan guaranteed under
			 section 7(a) of the Small Business Act (15 U.S.C. 636(a)) or a third party
			 financing guaranteed under subsection (b) of this section may purchase and hold
			 all or any part of a loan pool which includes a loan or third party financing
			 made or serviced by the lender.
				(2)No effect on
			 guaranteeA purchase described in subparagraph (A) shall not
			 affect the guarantee of a loan or third party financing in a pool.
				6.Emergency short
			 term fee reductions
			(a)Lender
			 oversight fees
				(1)Temporary
			 reduction in fees
					(A)In
			 generalTo the extent amounts are provided in advance in
			 appropriations Acts, the Administrator shall, in lieu of the fee otherwise
			 applicable under section 5(b)(14) of the Small Business Act (15 U.S.C.
			 634(b)(14)), collect no fee.
					(B)Authorization
			 of appropriationsThere are authorized to be appropriated for
			 salaries and expenses of the Administration relating to examinations, reviews,
			 and other lender oversight activities relating to loans under section 7 of the
			 Small Business Act (15 U.S.C. 636)—
						(i)$10,000,000 for
			 each of fiscal years 2009 and 2010; and
						(ii)such sums as may
			 be necessary for each fiscal year thereafter.
						(2)Report on
			 making fees contingent on performanceNot later than 6 months
			 after the date of enactment of this Act, the Administrator, in consultation
			 with lenders that have made loans guaranteed under section 7 of the Small
			 Business Act (15 U.S.C. 636), shall submit to the Committee on Small Business
			 and Entrepreneurship of the Senate and the Committee on Small Business of the
			 House of Representatives a report regarding the feasibility of assessing annual
			 fees under section 7(a)(23)(A) of the Small Business Act (15 U.S.C.
			 636(a)(23)(A)) in an amount that is contingent on the performance of the
			 lender, including consideration of the meeting the requirement under section
			 7(a)(1) of that Act (15 U.S.C. 636(a)(1)) of providing credit to applicants
			 than cannot obtain credit elsewhere. The report under this paragraph may
			 include proposed legislation.
				(b)Fee
			 reductions
				(1)New
			 7(a) lender definedIn this
			 subsection the term new 7(a) lender means a lender that has not
			 made more than 20 loans guaranteed by the Administrator under section 7(a) of
			 the Small Business Act (15 U.S.C. 636(a)) during the 3-year period ending on
			 the date on which the Administrator determines the fee under section
			 7(a)(23)(A) of that Act (15 U.S.C. 636(a)(23)(A)) for the lender.
				(2)7(a)
			 Loan Fee Reductions
					(A)In
			 generalFor fiscal years 2009
			 and 2010, and to the extent the cost of such reduction in fees is offset by
			 appropriations, with respect to each loan guaranteed under section 7(a) of
			 Small Business Act (15 U.S.C. 636(a))—
						(i)the Administrator shall, in lieu of the fee
			 otherwise applicable under section 7(a)(23)(A) of the Small Business Act (15
			 U.S.C. 636(a)(23)(A)), collect an annual fee in an amount equal to—
							(I)0.25 percent of the outstanding balance of
			 the deferred participation share of a loan made under section 7(a) of the Small
			 Business Act (15 U.S.C. 636(a)) to a small business concern before the date of
			 enactment of this Act; and
							(II).20 percent of the outstanding balance of
			 the deferred participation share of a loan made by a new 7(a) lender to a small
			 business concern; and
							(ii)with respect to each loan guaranteed under
			 section 7(a) of the Small Business Act (15 U.S.C. 636(a)), the Administrator
			 shall, in lieu of the fee otherwise applicable under section 7(a)(18)(A) of the
			 Small Business Act (15 U.S.C. 636(a)(18)(A)), (including any additional fee
			 under clause (iv) of that section 7(a)(18)(A)) collect a guarantee fee in an
			 amount equal to—
							(I)0.75 percent of the deferred participation
			 share of a total loan amount that is not more than $150,000;
							(II)2 percent of the deferred participation
			 share of a total loan amount that is more than $150,000, and not more than
			 $700,000; and
							(III)2.5 percent of the deferred participation
			 share of a total loan amount that is more than $700,000.
							(B)ImplementationIn
			 carrying out this paragraph, the Administrator shall reduce the fees for a loan
			 guaranteed under section 7(a) of the Small Business Act (15 U.S.C. 636(a)) to
			 the maximum extent possible, subject to the availability of
			 appropriations.
					(C)Application of
			 fee reductionsIf funds are made available to carry out this
			 paragraph, the Administrator shall reduce the fees under subparagraph (A) for
			 any loan guarantee or project subject to such subparagraph for which the
			 application is pending approval on or after the date of enactment of this Act,
			 until the amount provided for such purpose is expended.
					(D)Authorization
			 of appropriationsThere are authorized to be appropriated to the
			 Administrator for each of fiscal years 2009 and 2010—
						(i)$175,000,000 to
			 carry out subparagraph (A)(i);
						(ii)$75,000,000 to
			 carry out subparagraph (A)(ii).
						(3)504 Loan fee
			 and rate reductions
					(A)Fee
			 Reductions
						(i)Fee
			 ReductionsTo the extent the cost of such reduction in fees is
			 offset by appropriations, for any loan guarantee or project for which an
			 application is closed on or after the date of enactment of this Act—
							(I)with respect to
			 an institution described in subclause (I), (II), or (III) of section
			 502(3)(B)(i) of the Small Business Investment Act of 1958 (15 U.S.C.
			 696(3)(B)(i)), the Administrator shall, in lieu of the fees otherwise
			 applicable under section 503(d)(2) of the Small Business Investment Act of 1958
			 (15 U.S.C. 697(d)(2)), collect no fee;
							(II)a development
			 company shall, in lieu of the mandatory 0.625 servicing fee under section
			 120.971(a)(3) of title 13, Code of Federal Regulations, (relating to fees paid
			 by borrowers), or any successor thereto, collect no fee; and
							(III)the
			 Administrator shall, in lieu of the fee otherwise applicable under section
			 503(d)(3) of the Small Business Investment Act (15 U.S.C. 697(d)(3)), collect
			 no fee.
							(ii)Reimbursement for waived fees
							(I)In generalTo the extent the cost of such payments is
			 offset by appropriations, the Administrator shall reimburse each development
			 company that does not collect a servicing fee pursuant to clause
			 (i)(II).
							(II)AmountThe payment to a development company under
			 subclause (I) shall be in an amount equal to 0.5 percent of the outstanding
			 principal balance of any guaranteed debenture for which the development company
			 does not collect a servicing fee pursuant to clause (i)(II).
							(iii)Authorization
			 of AppropriationsThere are authorized to be appropriated to the
			 Administrator for each of fiscal years 2009 and 2010—
							(I)$50,000,000 for
			 the elimination of fees under clause (i)(I);
							(II)$40,000,000 for
			 payments under clause (ii) to offset the elimination of fees under clause
			 (i)(II); and
							(III)$10,000,000 for
			 the elimination of fees under clause (i)(III).
							(B)Rate
			 Reduction
						(i)In
			 GeneralTo the extent that the cost of making an interest rate
			 reduction is offset by appropriations, the Administrator shall pay, on behalf
			 of a small business borrower, an amount equal to 100 basis points of the
			 interest rate required to be paid by the borrower on the amount of the
			 guarantee provided under title V of the Small Business Investment Act of 1958
			 (15 U.S.C. 695 et seq.), if the loan is closed on or after the date of
			 enactment of this Act.
						(ii)Frequency of
			 PaymentThe Administrator shall make a payment under clause (i)
			 on a semiannual basis.
						(iii)Method of
			 paymentThe Administrator may use a central servicing agent to
			 make a payment under clause (i).
						(iv)Notice to
			 Development CompanyThe Administrator shall notify a development
			 company that receives a payment under clause (i) when funds are made available
			 for the rate reduction under clause (i).
						(v)ImplementationA
			 development company that receives a payment under clause (i) shall—
							(I)use the payments
			 solely for the purpose provided; and
							(II)adjust the
			 amount of the monthly payment by the borrower accordingly.
							(vi)Authorization
			 of AppropriationsThere is authorized to be appropriated to the
			 Administrator for each of fiscal years 2009 and 2010, $150,000,000 for payments
			 made under clause (i).
						7.MicrolendingIn addition to any amounts otherwise
			 authorized to be appropriated for such purposes, there are authorized to be
			 appropriated to the Administrator for each of fiscal years 2009 and
			 2010—
			(1)$5,000,000 for
			 direct loans under section 7(m) of the Small Business Act (15 U.S.C. 636(m));
			 and
			(2)$20,000,000 for
			 grants to intermediaries for marketing, management, and technical assistance
			 under section 7(m)(4) of the Small Business Act (15 U.S.C. 636(m)(4)).
			8.Small business
			 investment companiesSection
			 303(b) of the Small Business Investment Act of 1958 (15 U.S.C. 683(b)) is
			 amended—
			(1)by striking paragraph (2) and inserting the
			 following:

					(2)Maximum
				leverage
						(A)In
				generalThe maximum amount of outstanding leverage made available
				to any 1 company licensed under section 301(c) may not exceed the lesser
				of—
							(i)300 percent
				of the private capital of the company; or
							(ii)$150,000,000.
							(B)Multiple
				licenses under common controlThe maximum amount of outstanding
				leverage made available to 2 or more companies licensed under section 301(c)
				that are commonly controlled (as determined by the Administrator) and the
				private capital of which the Administrator determines meets the requirements of
				subsection (e) may not exceed
				$225,000,000.
						;
				and
			(2)by striking
			 paragraph (4).
			9.Emergency Small
			 Business Lending Advertising StrategySection 4 of the Small Business Act (15
			 U.S.C. 633) is amended by adding at the end the following:

				(i)Emergency Small
				Business Lending Advertising Strategy
					(1)PurposeThe
				purpose of this subsection is to ensure that the Administrator provides
				information to the owners of small business concerns regarding lenders in their
				areas that participate in programs of the Administration and that will allow
				small business concerns to access business capital during a liquidity and
				capital lending shortage.
					(2)Lending
				Advertising StrategyThe Administrator shall develop an emergency
				small business lending advertising strategy to inform small business concerns
				located throughout the United States that loans under this Act are available
				through lenders that participate in programs of the Administration.
					(3)MediaThe
				Administrator shall use print, radio, television, and Internet advertisement,
				where appropriate, to carry out this subsection.
					(4)Effective
				DateNot later than 30 days after the date of enactment of this
				Act, the Administrator shall implement the emergency small business lending
				advertising strategy.
					(5)Authorization
				of AppropriationsThere are authorized to be appropriated to
				carry out this subsection—
						(A)$5,000,000 for
				each of fiscal years 2009 and 2010; and
						(B)such sums as may
				be necessary for each fiscal year
				thereafter.
						.
		10.Tax
			 Provisions
			(a)Extension of
			 temporary increase in limitations on expensing of certain depreciable business
			 assets
				(1)In
			 generalParagraph (7) of section 179(b) of the Internal Revenue
			 Code of 1986 is amended—
					(A)by inserting
			 and
			 2009 after 2008 in the heading, and
					(B)by inserting
			 or 2009 after In the case of any taxable year beginning
			 in 2008.
					(2)Effective
			 dateThe amendments made by this subsection shall apply to
			 taxable years beginning after December 31, 2008.
				(b)Carryback of
			 certain net operating losses allowed for 5 years; temporary suspension of 90
			 percent AMT limit
				(1)In
			 generalSubparagraph (H) of section 172(b)(1) of the Internal
			 Revenue Code of 1986 is amended to read as follows:

						(H)5-year
				carryback of certain losses
							(i)Taxable years
				ending during 2001 and 2002In the case of a net operating loss
				for any taxable year ending during 2001 or 2002, subparagraph (A)(i) shall be
				applied by substituting 5 for 2 and subparagraph
				(F) shall not apply.
							(ii)Taxable years
				ending during 2008 and 2009In the case of a net operating loss
				with respect to any eligible taxpayer for any taxable year ending during 2008
				or 2009—
								(I)subparagraph
				(A)(i) shall be applied by substituting 5 for
				2,
								(II)subparagraph
				(E)(ii) shall be applied by substituting 4 for 2,
				and
								(III)subparagraph
				(F) shall not apply.
								(iii)Eligible
				taxpayerFor purposes of clause (ii), the term eligible
				taxpayer means a corporation or partnership which meets the gross
				receipts test of section 448(c) (determined by substituting
				$10,000,000 for $5,000,000 and
				5-taxable-year period for 3-taxable-year period)
				for the taxable year in which the loss arose (or, in the case of a sole
				proprietorship, which would meet such test if such proprietorship were a
				corporation.
							.
				(2)Temporary
			 suspension of 90 percent limit on certain NOL carrybacks and
			 carryovers
					(A)In
			 generalSection 56(d) of the of the Internal Revenue Code of 1986
			 is amended by adding at the end the following new paragraph:

							(3)Additional
				adjustmentsFor purposes of paragraph (1)(A), in the case of an
				eligible taxpayer (as defined in section 172(b)(1)(H)(iii)), the amount
				described in clause (I) of paragraph (1)(A)(ii) shall be increased by the
				amount of the net operating loss deduction allowable for the taxable year under
				section 172 attributable to the sum of—
								(A)carrybacks of net
				operating losses from taxable years ending during 2008 and 2009, and
								(B)carryovers of net
				operating losses to taxable years ending during 2008 or
				2009.
								.
					(B)Conforming
			 amendmentSubclause (I) of section 56(d)(1)(A)(i) of such Code is
			 amended by inserting amount of such before deduction
			 described in clause (ii)(I).
					(3)Anti-abuse
			 rulesThe Secretary of Treasury or the Secretary's designee shall
			 prescribe such rules as are necessary to prevent the abuse of the purposes of
			 the amendments made by this subsection, including anti-stuffing rules,
			 anti-churning rules (including rules relating to sale-leasebacks), and rules
			 similar to the rules under section 1091 of the Internal Revenue Code of 1986
			 relating to losses from wash sales.
				(4)Effective
			 dates
					(A)Subsection
			 (a)The amendments made by
			 paragraph (1) shall apply to net operating losses arising in taxable years
			 ending in 2008 or 2009.
					(B)Subsection
			 (b)The amendments made by
			 paragraph (2) shall apply to taxable years ending after December 31,
			 2007.
					11.Troubled
			 AssetsSection 3(9) of the
			 Emergency Economic Stabilization Act of 2008 (division A of Public Law 110–343)
			 is amended—
			(1)in subparagraph
			 (A), by striking and at the end;
			(2)by redesignating
			 subparagraph (B) as subparagraph (C); and
			(3)by inserting
			 after subparagraph (A) the following:

					(B)a trust
				certificate issued by the Administrator of the Small Business Administration
				under section 5(g) of the Small Business Act (15 U.S.C. 634(g)), a loan
				guaranteed by the Small Business Administration under section 7(a) of the Small
				Business Act (15 U.S.C. 636(a)), and a trust certificate issued under section
				505 of the Small Business Investment Act of 1958 (15 U.S.C. 697), including an
				underlying debenture, the purchase of which the Secretary determines promotes
				financial market stability;
				and
					.


114 S1239 IS: To amend the Clean Air Act with respect to the ethanol waiver for the Reid vapor pressure limitations under that Act.
U.S. Senate
2015-05-07
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II114th CONGRESS1st SessionS. 1239IN THE SENATE OF THE UNITED STATESMay 7, 2015Mr. Donnelly (for himself, Mr. Grassley, and Mrs. Fischer) introduced the following bill; which was read twice and referred to the Committee on Environment and Public WorksA BILLTo amend the Clean Air Act with respect to the ethanol waiver for the Reid vapor pressure
			 limitations under that Act.

 1.Ethanol waiverSection 211(h)(4) of the Clean Air Act (42 U.S.C. 7545(h)(4)) is amended— (1)in the matter preceding subparagraph (A), by inserting or more after 10 percent; and
 (2)in subparagraph (C), by striking additional alcohol or.


		I
		112th CONGRESS
		1st Session
		H. R. 3326
		IN THE HOUSE OF REPRESENTATIVES

			November 2, 2011
			Mr. Quayle (for
			 himself and Mr. Flores) introduced the
			 following bill; which was referred to the Committee on Energy and
			 Commerce

		A BILL
		To enable States to opt out of the Medicaid
		  expansion-related provisions of the Patient Protection and Affordable Care
		  Act.

		1.Short titleThis Act may be cited as the
			 Medicaid Flexibility for States
			 Act.
		2.Protection of
			 State Medicaid flexibility
			(a)State opt out of
			 Medicaid expansion-Related provisions of PPACAA State described
			 in subsection (b) may elect to limit the application of any or all of the
			 following provisions of the Patient Protection and Affordable Care Act (Public
			 Law 111–148) with respect to the Medicaid program within that State:
				(1)The amendments
			 made by sections 2001 through 2006 and subtitle C of title II.
				(2)The amendments
			 made by subsections (a), (b), and (c) of section 10201.
				(b)State
			 described
				(1)Enactment of
			 State lawA State described in this subsection is a State that
			 enacts a law after the date of enactment of this Act that—
					(A)expresses the
			 intent of the State to opt out of one or more of the provisions of the Patient
			 Protection and Affordable Care Act (Public Law 111–148) described in subsection
			 (a); and
					(B)contains a list of
			 the provisions of such Act which will not apply to the State under the State
			 law.
					(2)RepealIf
			 a State repeals a law described in paragraph (1), the provisions of the Patient
			 Protection and Affordable Care Act listed in such law shall apply with respect
			 to such State beginning on the date of such repeal.
				(c)RegulationsThe
			 Secretary of Health and Human Services shall promulgate regulations to provide
			 for the implementation of this Act.


116 HR 7578 IH: Lieutenant Colonel Alexander Vindman Congressional Gold Medal Act
U.S. House of Representatives
2020-07-13
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I116th CONGRESS2d SessionH. R. 7578IN THE HOUSE OF REPRESENTATIVESJuly 13, 2020Mr. Brendan F. Boyle of Pennsylvania introduced the following bill; which was referred to the Committee on Financial Services, and in addition to the Committee on the Budget, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concernedA BILLTo award a Congressional Gold Medal to Lieutenant Colonel Alexander Vindman, in recognition of his service to the United States and his courage to testify in the impeachment inquiry of President Donald J. Trump.1.Short titleThis Act may be cited as the Lieutenant Colonel Alexander Vindman Congressional Gold Medal Act.2.FindingsCongress finds the following:(1)On December 19, 2019, the House of Representatives passed two articles of impeachment against President Donald J. Trump for abuse of power and obstruction of Congress.(2)Numerous public servants provided testimony to support the impeachment inquiry, including Lieutenant Colonel Alexander Vindman, a decorated veteran who was on the call between President Trump and Ukraine President Volodymr Zelensky on July 25, 2019, which served as the basis for the impeachment inquiry.(3)Lieutenant Colonel Vindman served multiple tours of combat duty and was wounded during a tour in Iraq, for which he received a Purple Heart medal.(4)Lieutenant Colonel Vindman, despite threats to his family and his career, testified to the following on October 28, 2019:(A)The July 25th call was improper and unusual.(B)Lieutenant Colonel Vindman was concerned by the call: I did not think it was proper to demand that a foreign government investigate a U.S. citizen, and I was worried about the implications for six of the U.S. Government’s support of Ukraine. I realized that if Ukraine pursued an investigation into the Bidens and Burisma, it would likely be interpreted as a partisan play which would undoubtedly result in Ukraine losing the bipartisan support it has thus far maintained. This would all undermine U.S. national security..(5)Lieutenant Colonel Vindman further stated: Dad, I’m sitting here today in the U.S. Capitol talking to our elected professionals is proof that you made the right decision 40 years ago to leave the Soviet Union and come here to the United States of America in search of a better life for our family., Vindman said: Do not worry. I will be fine for telling the truth..(6)Lieutenant Colonel Vindman faced unsubstantiated claims questioning his loyalty to the United States because he was born in Ukraine and other forms of retribution.(7)On February 7, 2019, Lieutenant Colonel Vindman was reassigned from his duties as Director for European Affairs at the National Security Council. He was escorted from the White House by security.(8)President Trump stated on February 7, 2019: Well, I’m not happy with him [Vindman]. You think I’m supposed to be happy with him? I’m not. He further accused Lieutenant Colonel Vindman of being insubordinate for testifying against the President truthfully.3.Sense of CongressIt is the sense of Congress that Lieutenant Colonel Vindman—(1)is a patriot who defended American ideals on the battlefield and in the impeachment inquiry by telling the truth;(2)faced retribution from the President of the United States as a result of his testimony in the impeachment inquiry; and(3)upholds the highest values of the United States and should be honored for his actions.4.Congressional gold medal(a)Presentation authorizedThe Speaker of the House of Representatives and the President pro tempore of the Senate shall make appropriate arrangements for the presentation, on behalf of Congress, of a gold medal of appropriate design to Lieutenant Colonel Alexander Vindman, in recognition of his service to the United States and his courage to testify in the impeachment inquiry of President Donald J. Trump.(b)Design and strikingFor purposes of the presentation referred to in subsection (a), the Secretary of the Treasury (referred to in this Act as the Secretary) shall strike a gold medal with suitable emblems, devices, and inscriptions, to be determined by the Secretary.5.Duplicate medalsThe Secretary may strike and sell duplicates in bronze of the gold medal struck pursuant to section 4 under such regulations as the Secretary may prescribe, at a price sufficient to cover the cost thereof, including labor, materials, dies, use of machinery, and overhead expenses, and the cost of the gold medal.6.Status of medals(a)National medalsThe medals struck pursuant to this Act are national medals for purposes of chapter 51 of title 31, United States Code.(b)Numismatic itemsFor purposes of sections 5134 and 5136 of title 31, United States Code, all medals struck under this Act shall be considered to be numismatic items.7.Determination of budgetary effectsThe budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled Budgetary Effects of PAYGO Legislation for this Act, submitted for printing in the Congressional Record by the Chairman of the House Budget Committee, provided that such statement has been submitted prior to the vote on passage.


		III
		112th CONGRESS
		2d Session
		S. RES. 429
		IN THE SENATE OF THE UNITED STATES

			April 19, 2012
			Mr. Wicker (for himself,
			 Mr. Coons, Mr.
			 Cochran, Mr. Cardin,
			 Mr. Durbin, Mr.
			 Boozman, Mr. Bingaman,
			 Mr. Isakson, Mrs. Murray, Mr.
			 Kirk, Ms. Mikulski,
			 Mr. Rubio, and Mr. Lautenberg) submitted the following resolution;
			 which was referred to the Committee on
			 Foreign Relations

			June 20, 2012
			Reported by Mr. Kerry,
			 without amendment

			July 10, 2012
			Considered, amended, and agreed to

		RESOLUTION
		Supporting the goals and ideals of World
		  Malaria Day.

		Whereas April 25th of each year is recognized
			 internationally as World Malaria Day;
		Whereas malaria is a leading cause of death and disease in
			 many developing countries, despite being completely preventable and
			 treatable;
		Whereas fighting malaria is in the national security
			 interest of the United States Government, as reducing the risk of malaria
			 protects members of the Armed Forces of the United States serving overseas in
			 malaria endemic regions, and reducing malaria deaths helps to promote stability
			 in less developed countries;
		Whereas, according to the Centers for Disease Control and
			 Prevention, 35 countries, the majority of which are in sub-Saharan Africa,
			 account for 98 percent of global malaria deaths;
		Whereas young children and pregnant women are particularly
			 vulnerable to and disproportionately affected by malaria;
		Whereas malaria greatly affects child health, as children
			 under the age of 5 account for an estimated 85 percent of malaria deaths each
			 year;
		Whereas malaria poses great risks to maternal health,
			 causing complications during delivery, anemia, and low birth weights, with
			 estimates that malaria infection causes 400,000 cases of severe maternal anemia
			 and between 75,000 and 200,000 infant deaths annually in sub-Saharan
			 Africa;
		Whereas heightened national, regional, and international
			 efforts to prevent and treat malaria over recent years have made measurable
			 progress and helped save hundreds of thousands of lives;
		Whereas the World Malaria Report 2011 by the World Health
			 Organization states that in 2011, approximately 50 percent of households in
			 sub-Saharan Africa owned at least 1 insecticide-treated mosquito net (referred
			 to in this preamble as an ITN), and household surveys indicated
			 that 96 percent of people with access to an ITN within a household actually
			 used the ITN;
		Whereas, in 2010, a total of 185,000,000 people were
			 protected by indoor residual spraying (referred to in this preamble as
			 IRS);
		Whereas the World Malaria Report 2011 further states that
			 malaria mortality rates have fallen by more than 25 percent globally, and 33
			 percent in Africa alone, since 2000;
		Whereas the World Malaria Report 2011 further states that
			 out of 99 countries with ongoing malaria transmissions, 43 countries recorded
			 decreases of more than 50 percent in the number of malaria cases between 2000
			 and 2010, and 8 other countries recorded decreases of more than 25
			 percent;
		Whereas continued national, regional, and international
			 investment in efforts to eliminate malaria, including prevention and treatment
			 efforts and the development of a vaccine to immunize children from the malaria
			 parasite, is critical in order to continue to reduce malaria deaths, prevent
			 backsliding in areas where progress has been made, and equip the United States
			 and the global community with the tools necessary to fight malaria and other
			 global health threats;
		Whereas the United States Government has played a leading
			 role in the recent progress made toward reducing the global burden of malaria,
			 particularly through the President’s Malaria Initiative (referred to in this
			 preamble as PMI) and the contribution of the United States to
			 the Global Fund to Fight AIDS, Tuberculosis, and Malaria;
		Whereas the United States Government is pursuing a
			 comprehensive approach to ending malaria deaths through PMI, the United States
			 Agency for International Development, the National Institutes of Health, the
			 Centers for Disease Control and Prevention, the Department of Defense, and the
			 private sector focused on helping partner countries to achieve major
			 improvements in overall health outcomes through advances in access to, and the
			 quality of, healthcare services in resource-poor settings; and
		Whereas PMI, recognizing the burden of malaria on many
			 partner countries, has set a target of reducing the burden of malaria by 50
			 percent for 450,000,000 people, representing 70 percent of the at-risk
			 population in Africa, by 2015: Now, therefore, be it

		That the Senate—
			(1)supports the
			 goals and ideals of World Malaria Day, including the target of ending malaria
			 deaths by 2015;
			(2)recognizes the
			 importance of reducing malaria prevalence and deaths to improve overall child
			 and maternal health, especially in sub-Saharan Africa;
			(3)commends the
			 recent progress made toward reducing global malaria deaths and prevalence,
			 particularly through the efforts of the President’s Malaria Initiative and the
			 Global Fund to Fight AIDS, Tuberculosis, and Malaria;
			(4)welcomes ongoing
			 public-private partnerships to research and develop more effective and
			 affordable tools for malaria diagnosis, treatment, and vaccination;
			(5)recognizes the
			 goals to combat malaria in the Tom Lantos and Henry J. Hyde United States
			 Global Leadership Against HIV/AIDS, Tuberculosis, and Malaria Reauthorization
			 Act of 2008 (Public Law 110–293; 122 Stat. 2918);
			(6)supports
			 continued leadership by the United States in bilateral, multilateral, and
			 private sector efforts to combat malaria as a critical part of the President’s
			 Global Health Initiative; and
			(7)encourages other
			 members of the international community to sustain and scale up their support
			 for and financial contributions to efforts worldwide to combat malaria.