114 S1089 IS: Social Impact Partnership Act
U.S. Senate
2015-04-27
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. 1089IN THE SENATE OF THE UNITED STATESApril 27, 2015Mr. Hatch (for himself and Mr. Bennet) introduced the following bill; which was read twice and referred to the Committee on FinanceA BILLTo encourage and support partnerships between the public and private sectors to improve our
			 Nation’s social programs, and for other purposes.

 1.Short titleThis Act may be cited as the Social Impact Partnership Act. 2.Social Impact PartnershipsTitle XX of the Social Security Act (42 U.S.C. 1397) is amended—
 (1)in the title heading, by striking to States and inserting and Projects; and (2)by adding at the end the following:

					CSocial Impact Partnerships
 2051.PurposesThe purposes of this subtitle are the following: (1)To improve the lives of families and individuals in need in the United States by funding social programs that achieve real results.
 (2)To redirect funds away from programs that, based on objective data, are ineffective, and into programs that achieve demonstrable, measurable results.
 (3)To ensure Federal funds are used effectively on social services to produce positive outcomes for both service recipients and taxpayers.
 (4)To establish the use of social impact partnerships to address some of our Nation’s most pressing problems.
 (5)To facilitate the creation of public-private partnerships that bundle philanthropic and other private resources with existing public spending to scale up effective social interventions already being implemented by private organizations, non-profits, charitable organizations, and local governments across the country.
 (6)To bring pay-for-performance to the social services sector, allowing the United States to improve the impact and effectiveness of vital social services programs while redirecting inefficient or duplicative spending.
							2052.Social impact partnership application
 (a)NoticeNot later than 1 year after the date of the enactment of this subtitle, the Secretary of the Treasury (referred to in this subtitle as the Secretary), in consultation with the Federal Interagency Council on Social Impact Partnerships (established by section 2056), shall publish in the Federal Register a request for proposals from States or local governments for social impact partnership projects in accordance with this section.
 (b)Required outcomes for social impact partnership projectTo qualify as a social impact partnership project under this subtitle, a project must produce a measurable, clearly defined outcome that results in social benefit and Federal savings through any of the following:
 (1)Increasing work and earnings by individuals who have been unemployed in the United States for more than 6 consecutive months.
 (2)Increasing employment and earnings of individuals age 16 to 24. (3)Increasing employment among individuals receiving Federal disability benefits.
 (4)Reducing the dependence of low-income families on Federal means-tested benefits. (5)Improving rates of high school graduation.
 (6)Reducing teen and unplanned pregnancies. (7)Improving birth outcomes among low-income families and individuals.
 (8)Reducing rates of asthma, diabetes, or other preventable diseases among low-income families and individuals to reduce the utilization of emergency and other high-cost care.
 (9)Increasing the proportion of children living in 2-parent families. (10)Reducing incidences of child abuse and neglect.
 (11)Reducing the number of youth in foster care by increasing adoptions, permanent guardianship arrangements, reunification, or placement with a fit and willing relative.
 (12)Reducing the number of children and youth in foster care residing in group homes, child care institutions, agency-operated foster homes, or other non-family foster homes, unless it is determined that it is in the interest of the child's long-term health, safety, or psychological well-being to not be placed in a family foster home.
 (13)Reducing recidivism among individuals released from prison. (14)Improving the housing security of individuals experiencing homelessness or at imminent risk of becoming homeless.
 (15)Other measurable outcomes defined by the State or local government that result in positive social outcomes and Federal savings.
 (c)Feasibility study requiredThe notice described in subsection (a) shall require a State or local government to submit a feasibility study for the social impact partnership project that contains the following information:
 (1)The outcome goals of the project. (2)A description of each intervention in the project and anticipated outcome of such intervention.
 (3)Rigorous evidence demonstrating that the intervention can be expected to produce the desired outcomes.
 (4)The target population that will be served by the project. (5)The expected social benefits to participants who receive the intervention and others who may be impacted.
 (6)Projected Federal, State, and local government costs and other costs to conduct the project. (7)Projected Federal, State, and local government savings and other savings, including an estimate prepared by the State or local government of the savings to the Federal, State, and local government, on a program-by-program basis and in the aggregate, if the project is implemented and the outcomes are achieved.
 (8)If savings resulting from the successful completion of the project are estimated to accrue to the State or local government, the likelihood of the State or local government to realize those savings.
 (9)A plan for delivering the intervention through a social impact partnership model. (10)A description of the expertise of each service provider that will administer the intervention.
 (11)An explanation of the experience of the State or local government, the intermediary, or the service provider in raising private and philanthropic capital to fund social service investments.
 (12)The detailed roles and responsibilities of each entity involved in the project, including any State or local government entity, intermediary, service provider, independent evaluator, investor, or other stakeholder.
 (13)A summary of the experience of the service provider delivering the proposed intervention or a similar intervention, or a summary demonstrating that the service provider has the expertise necessary to deliver the proposed intervention.
 (14)A summary of the unmet need in the area where the intervention will be delivered or among the target population who will receive the intervention.
 (15)The payment terms, the methodology used to calculate outcome payments, the payment schedule, and performance thresholds.
 (16)The project budget. (17)The project timeline.
 (18)The criteria used to determine the eligibility of an individual for the project, including how selected populations will be identified, how they will be referred to the project, and how they will be enrolled in the project.
 (19)The evaluation design. (20)The metrics that will be used to determine whether the outcomes have been achieved and how such metrics will be measured.
 (21)An explanation of how the metrics used to determine whether the outcomes have been achieved are independent, objective indicators of impact and are not subject to manipulation by the service provider or investor.
 (22)A summary explaining the independence of the evaluator from the other entities involved in the project and the evaluator’s experience in conducting rigorous evaluations of program effectiveness including, where available, well-implemented randomized controlled trials on the intervention or similar interventions.
 (23)The capacity of the service provider to deliver the intervention to the number of participants the State or local government proposes to serve in the project.
 (d)Project intermediary information requiredThe feasibility study described in subsection (c) shall also contain the following information about the intermediary for the social impact partnership project (whether the intermediary is the service provider or other entity):
 (1)Experience and capacity for providing or facilitating the provision of the type of intervention proposed.
 (2)The mission and goals. (3)Information on whether the intermediary is already working with service providers that provide this intervention or an explanation of the capacity of the intermediary to begin working with service providers to provide the intervention.
 (4)Experience working in a collaborative environment across government and nongovernmental entities. (5)Previous experience collaborating with public or private entities to implement evidence-based programs.
 (6)Ability to raise or provide funding to cover operating costs (if applicable to the project). (7)Capacity and infrastructure to track outcomes and measure results, including—
 (A)capacity to track and analyze program performance; and (B)experience with performance-based contracting and achieving project milestones and targets.
 (8)Role in delivering the intervention. (9)How the intermediary would monitor program success, including a description of the interim benchmarks and outcome measures.
								2053.Awarding contracts for social impact partnership projects
 (a)Timeline in awarding contractNot later than 6 months after receiving an application in accordance with section 2052, the Secretary shall determine whether to enter into a contract for a social impact partnership project with the State or local government that submitted such application.
 (b)Considerations in Awarding ContractIn determining whether to enter into a contract for a social impact partnership project with a State or local government, the Secretary, in consultation with the Federal Interagency Council on Social Impact Partnerships and the head of any Federal agency administering a similar intervention or serving a population similar to that served by the project, shall consider each of the following:
 (1)The value to the Federal Government of the outcome expected to be achieved if the outcomes specified in the contract are achieved.
 (2)The ability of the State or local government, in collaboration with the intermediary and the service providers, to achieve the outcomes.
 (3)The savings to the Federal Government if the outcomes specified in contract are achieved. (4)The savings to the State and local governments if the outcomes specified in the contract are achieved.
 (5)The expected quality of the evaluation that would be conducted with respect to the contract. (c)Contract Authority (1)Contract requirementsIn accordance with this section, the Secretary, in consultation with the Federal Interagency Council on Social Impact Partnerships and the head of any Federal agency administering a similar intervention or serving a population similar to that served by the project, may enter into a contract for a social impact partnership project with a State or local government if the Secretary determines that each of the following requirements are met:
 (A)The State or local government agrees to achieve an outcome specified in the contract in order to receive payment.
 (B)The Federal payment to the State or local government for each outcome specified does not exceed the monetary value of the outcome to the Federal Government over a period not to exceed 10 years, as determined by the Secretary, in consultation with the State or local government.
 (C)The duration of the project does not exceed 10 years. (D)The State or local government has demonstrated, through the application submitted under section 2052, that, based on prior rigorous experimental evaluations or rigorous quasi-experimental studies, the intervention can be expected to achieve each outcome specified in the contract.
 (E)The State, local government, intermediary, or service provider has experience raising private or philanthropic capital to fund social service investments (if applicable to the project).
 (F)The State or local government has shown that each service provider has experience delivering the intervention, a similar intervention, or has otherwise demonstrated the expertise necessary to deliver the intervention.
 (2)PaymentThe Secretary shall pay the State or local government only if the independent evaluator described in section 2055 determines that the social impact partnership project has met the requirements specified in the contract and achieved an outcome specified in the contract.
 (3)LimitationThe Secretary shall not enter into a contract for a social impact partnership project under paragraph (1) after the date that is 10 years after the date of the enactment of this subtitle and shall not obligate any funds made available under section 2057(a) after such date.
 (d)Notice of contract awardNot later than 30 days after entering into a contract under this section, the Secretary shall publish a notice in the Federal Register that includes, with regard to such contract, the following:
 (1)The outcome goals of the social impact partnership project. (2)A description of each intervention in the project.
 (3)The target population that will be served by the project. (4)The expected social benefits to participants who receive the intervention and others who may be impacted.
 (5)The detailed roles, responsibilities, and purposes of each Federal, State, or local government entity, intermediary, service provider, independent evaluator, investor, or other stakeholder.
 (6)The payment terms, the methodology used to calculate outcome payments, the payment schedule, and performance thresholds.
 (7)The project budget. (8)The project timeline.
 (9)The project eligibility criteria. (10)The evaluation design.
 (11)The metrics that will be used to determine whether the outcomes have been achieved and how these metrics will be measured.
 (12)The estimate prepared by the State or local government of the savings to the Federal, State, and local government, on a program-by-program basis and in the aggregate, if the contract is entered into and implemented and the outcomes are achieved.
								2054.Feasibility study funding
 (a)Requests for funding for feasibility studiesThe Secretary shall reserve a portion of the funding provided in section 2057 to assist States or local governments in developing feasibility studies required by section 2052. To be eligible to receive funding to assist with completing a feasibility study, a State or local government shall submit an application for feasibility study funding containing the following information:
 (1)A description of the outcome goals of the social impact partnership project. (2)A description of the intervention, including anticipated program design, target population, an estimate regarding the number of individuals to be served, and setting for the intervention.
 (3)Evidence to support the likelihood that such intervention will produce the desired outcome. (4)The expected social benefits to participants who receive the intervention and others who may be impacted.
 (5)Estimated costs to conduct the project. (6)Estimates of Federal, State, and local government savings and other savings if the project is implemented and the outcomes are achieved.
 (7)An estimated timeline for implementation and completion of the project, which shall not exceed 10 years.
 (8)With respect to a project for which the State or local government selects an intermediary to operate the project, any partnerships needed to successfully execute the project and the ability of the intermediary to foster such partnerships.
 (9)The expected resources needed to complete the feasibility study for the State or local government to apply for social impact partnership funding under section 2052.
 (b)Federal selection of applications for feasibility studyNot later than 6 months after receiving an application for feasibility study funding under subsection (a), the Secretary, in consultation with the Federal Interagency Council on Social Impact Partnerships and the head of any Federal agency administering a similar intervention or serving a population similar to that served by the project, shall select State or local government feasibility study proposals for funding based on the following:
 (1)The likelihood that the proposal will achieve the desired outcome. (2)The value of the outcome expected to be achieved.
 (3)The potential savings to the Federal Government if the social impact partnership project is successful.
 (4)The potential savings to the State and local governments if the project is successful. (c)Public disclosureNot later than 30 days after selecting a State or local government for feasibility study funding under this section, the Secretary shall publish on the website of the Federal Interagency Council on Social Impact Partnerships information explaining why the State or local government was granted feasibility study funding.
							(d)Funding restrictions; no guarantee of funding
 (1)Feasibility study restrictionThe Secretary shall not provide feasibility study funding under this section for more than 50 percent of the estimated total cost of the feasibility study reported in the State or local government application submitted under subsection (a).
 (2)Aggregate restrictionOf the total amount appropriated under section 2057, the Secretary shall not use more than $10,000,000 to provide feasibility study funding to States or local governments under this section.
 (3)No guarantee of fundingThe Secretary shall have the option to award no funding under this section. (e)Submission of feasibility study requiredNot later than 6 months after the receipt of feasibility study funding under this section, a State or local government receiving such funding shall complete the feasibility study and submit the study to the Federal Interagency Council on Social Impact Partnerships.
							2055.Evaluations
 (a)Contract AuthorityFor each State or local government awarded a social impact partnership project approved by the Secretary under this subtitle, the head of the relevant agency, as determined by the Federal Interagency Council on Social Impact Partnerships, shall enter into a contract with such State or local government to pay for the independent evaluation to determine whether the State or local government project has met an outcome specified in the contract in order for the State or local government to receive outcome payments under this subtitle.
 (b)Evaluator QualificationsThe head of the relevant agency may not enter into a contract with a State or local government under subsection (a) unless the head determines that the evaluator is independent of the other parties to the contract and has demonstrated substantial experience in conducting rigorous evaluations of program effectiveness including, where available and appropriate, well-implemented randomized controlled trials on the intervention or similar interventions.
							(c)Methodologies To be used
 (1)In generalSubject to paragraph (2), the evaluation used to determine whether a State or local government will receive outcome payments under this subtitle shall, to the extent practicable, use methodologies based on experimental designs using random assignment, or, when random assignment is not feasible or appropriate, other reliable, evidence-based research methodologies, as certified by the Federal Interagency Council on Social Impact Partnerships, that allow for the strongest possible direct, causal inferences.
 (2)LimitationIn determining whether an outcome has been achieved, the evaluation methodology selected under paragraph (1) shall not consider indirect potential savings to the Federal Government that may be realized from increased income, employment, output, or other economic measures derived from multiplier effects external to the outcome metrics upon which contract payments are based.
 (3)Application of Executive Order 13563Executive Order 13563 (76 Fed. Reg. 3821; relating to regulatory review) shall not apply to the development and selection of methodologies under this subsection.
								(d)Progress Report
 (1)Submission of reportThe independent evaluator shall— (A)not later than 2 years after a project has been approved by the Secretary and biannually thereafter until the project is concluded, submit to the head of the relevant agency and the Federal Interagency Council on Social Impact Partnerships a written report summarizing the progress that has been made in achieving each outcome specified in the contract; and
 (B)at the scheduled time of the first outcome payment and at the time of each subsequent payment, submit to the head of the relevant agency and the Federal Interagency Council on Social Impact Partnerships a written report that includes the results of the evaluation conducted to determine whether an outcome payment should be made along with information on the unique factors that contributed to achieving or failing to achieve the outcome, the challenges faced in attempting to achieve the outcome, and information on the improved future delivery of this or similar interventions.
 (2)Submission to CongressNot later than 30 days after receipt of the written report pursuant to paragraph (1)(B), the Federal Interagency Council on Social Impact Partnerships shall submit such report to each committee of jurisdiction in the House of Representatives and the Senate.
								(e)Final Report
 (1)Submission of reportWithin 6 months after the social impact partnership project is completed, the independent evaluator shall—
 (A)evaluate the effects of the activities undertaken pursuant to the contract with regard to each outcome specified in the contract; and
 (B)submit to the head of the relevant agency and the Federal Interagency Council on Social Impact Partnerships a written report that includes the results of the evaluation and the conclusion of the evaluator as to whether the State or local government has fulfilled each obligation of the contract, along with information on the unique factors that contributed to the success or failure of the project, the challenges faced in attempting to achieve the outcome, and information on the improved future delivery of this or similar interventions.
 (2)Submission to CongressNot later than 30 days after receipt of the written report pursuant to paragraph (1)(B), the Federal Interagency Council on Social Impact Partnerships shall submit such report to each committee of jurisdiction in the House of Representatives and the Senate.
 (f)Limitation on Cost of EvaluationsOf the amount made available for social impact partnership projects in section 2057, the Secretary may not obligate more than 15 percent of such amount to evaluate the implementation and outcomes of such projects.
							2056.Federal Interagency Council on Social Impact Partnerships
 (a)Establishment; dutiesThere is established the Federal Interagency Council on Social Impact Partnerships (in this section, referred to as the Council). The duties of the Council shall be to—
 (1)coordinate the efforts of social impact partnership projects funded by this subtitle;
 (2)advise and assist the Secretary in the development and implementation of such projects; (3)advise the Secretary on specific programmatic and policy matter related to such projects;
 (4)provide subject-matter expertise to the Secretary with regard to such projects; (5)ensure that each State or local government that has entered into a contract with the Secretary for a social impact partnership project under this subtitle and each evaluator selected by the head of the relevant agency under section 2055 has access to Federal administrative data to assist the State or local government and the evaluator in evaluating the performance and outcomes of the project;
 (6)provide guidance to the executive branch on the future of social impact partnership projects in the United States;
 (7)review State and local government applications for social impact partnership projects to ensure that contracts will only be awarded under this subtitle when rigorous, independent data and reliable, evidence-based research methodologies support the conclusion that a contract will yield savings to the Federal Government that are equal to or greater than the size of the outlay through the contract before such applications are approved by the Secretary;
 (8)certify, in the case of each approved social impact partnership project, that the project will yield a projected savings to the Federal Government, and coordinate with the relevant Federal agency to produce an after-action accounting once the project is complete to determine the actual Federal savings realized, and the extent to which actual savings aligned with projected savings; and
 (9)provide oversight of the actions of the Secretary and other Federal officials under this subtitle, and report periodically to Congress and the public on the implementation of this subtitle.
								(b)Composition of Council
 (1)Presidential appointeesThe President of the United States shall select 3 members of the Council, at least 1 of whom shall be an official of the Department of the Treasury and at least 1 of whom shall not be an employee of the Federal Government. The President shall designate 1 of these 3 members as the Chair of the Council. The Chair shall serve for a term of 7 years, and the other members selected by the President shall serve terms of 4 and 6 years. The President shall determine which member serves 4 years and which serves 6 years.
 (2)Additional appointeesIn addition to the 3 members appointed under paragraph (1), the Council shall be further composed of the following 8 members:
 (A)1 member selected by the President of the United States from a list of candidates provided by the Majority Leader of the Senate;
 (B)1 member selected by the President from a list of candidates provided by the Minority Leader of the Senate;
 (C)1 member selected by the President from a list of candidates provided by the Speaker of the House of Representatives;
 (D)1 member selected by the President from a list of candidates provided by the Minority Leader of the House of Representatives;
 (E)1 member selected by the President from a list of candidates provided by the Chairman of the Committee on Finance of the Senate;
 (F)1 member selected by the President from a list of candidates provided by the Ranking Member of the Committee on Finance of the Senate;
 (G)1 member selected by the President from a list of candidates provided by the Chairman of the Committee on Ways and Means of the House of Representatives; and
 (H)1 member selected by the President from a list of candidates provided by the Ranking Member of the Committee on Ways and Means of the House of Representatives.
 (3)QualificationsThe membership of the Council shall consist of individuals who— (A)are experienced in finance, economics, pay for performance finance or statistics;
 (B)have relevant professional or personal experience in a field related to 1 or more of the outcomes listed in section 2052(b); and
 (C)are qualified to review applications for social impact partnership projects to determine whether the proposed metrics and evaluation methodologies are appropriately rigorous and reliant upon independent data and evidence-based research.
									(4)Timing of appointments
 (A)Candidate listsWith respect to the candidate lists described in paragraph (2), the designated member of Congress shall provide a list of candidates to the President not later than 90 days after the date of the enactment of this subtitle, or, in the event of a vacancy, not later than 90 days after the date upon which the vacancy arises. If a member of Congress fails to provide a list of candidates to the President by such date, the President may select a member of the President's choice on behalf of such member of Congress.
 (B)Appointment dateAll appointments of the members of the Council shall be made not later than 120 days after the date of the enactment of this subtitle. Notwithstanding the preceding sentence, if not all appointments have been made to the Council as of such date, the Council may operate with fewer than all 11 members until all appointments have been made.
									(5)Term of appointments
 (A)In generalThe members appointed under paragraph (2) shall serve as follows: (i)2 members shall serve for 3 years.
 (ii)2 members shall serve for 4 years. (iii)2 members shall serve for 5 years.
 (iv)2 members shall serve for 6 years. (B)Assignment of termsThe Council shall designate the term length that each member appointed under paragraph (2) shall serve by unanimous agreement. In the event that unanimous agreement cannot be reached, term lengths shall be assigned to such members by a random process.
									(6)Vacancies
 (A)In generalSubject to subparagraph (B), in the event of a vacancy in the Council, whether due to the resignation of a member, the expiration of a member's term, or any other reason, such vacancy shall be filled in the manner in which the original appointment was made and shall not affect the powers of the Council.
 (B)Political party balance ruleIf the member of Congress required to provide a list of candidates under paragraph (2) to fill a vacancy in a position in accordance with this paragraph is not of the same political party as the member of Congress providing the list of candidates for the original appointment to such position, the list of candidates to fill such vacancy shall be provided instead by the member of the other political party occupying the corresponding position in the House of Congress or congressional committee concerned.
 (7)Appointment powerMembers of the Council appointed under this section shall not be subject to confirmation by the Senate.
								(c)Rules of the Council
 (1)CharterThe Council shall file a charter that meets the requirements of section 9(c) of the Federal Advisory Committee Act (5 U.S.C. App.) with the Secretary. Such charter shall be published on the website the Council is required to establish under section 2058.
 (2)Council proceduresSection 10 of the Federal Advisory Committee Act (5 U.S.C. App.), other than subsections (e) and (f), shall apply to the Council.
 (3)TranscriptsSection 11 of the Federal Advisory Committee Act (5 U.S.C. App.) shall apply to the Council. (4)CompensationMembers of the Council—
 (A)shall not receive compensation for service on the Council; and (B)shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of service for the Council.
 (d)Agency liaisonsThe Council shall liaise, as needed, with officers or employees of each Federal agency that becomes involved with the social impact partnership selection and obligation process who are designated by the head of the agency to serve as liaison to the Council.
 (e)Rule of constructionNothing in this section shall give the Council the authority to abrogate a contract entered into by the Secretary under section 2053, or any payment associated with such contract that is payable under such section.
							2057.Funding
 (a)In generalOut of any money in the Treasury not otherwise appropriated, there is hereby appropriated $300,000,000 to remain available until 10 years after the date specified in section 2053(c)(3) to carry out the activities authorized under this subtitle. Amounts appropriated under this subsection that are unobligated as of such date shall be rescinded on such date, except that the Secretary may retain an amount not to exceed $6,000,000 for an additional 3 years for purposes of carrying out functions necessary to administer contracts that were awarded under this subtitle prior to such date.
 (b)LimitationOf the amounts made available under subsection (a), the Secretary shall not use more than $30,000,000 to support the review, approval, and oversight of social impact partnership projects (and shall not use more than $15,000,000 for such purposes during the period of the fiscal year in which the Secretary publishes the request for proposals required under section 2052(a) and the subsequent 2 fiscal years), including activities conducted by—
 (1)the Federal Interagency Council on Social Impact Partnerships; and (2)any other agency consulted by the Secretary before approving a social impact partnership project or a feasibility study under section 2054.
 2058.WebsiteThe Federal Interagency Council on Social Impact Partnerships shall establish and maintain a public website that shall display the following:
 (1)A copy of, or method of accessing, each notice published regarding a social impact partnership project pursuant to this subtitle.
 (2)For each State or local government that has entered into a contract with the Secretary for a social impact partnership project, the website shall contain the following information:
 (A)The outcome goals of the project. (B)A description of each intervention in the project.
 (C)The target population that will be served by the project. (D)The expected social benefits to participants who receive the intervention and others who may be impacted.
 (E)The detailed roles, responsibilities, and purposes of each Federal, State, or local government entity, intermediary, service provider, independent evaluator, investor, or other stakeholder.
 (F)The payment terms, methodology used to calculate outcome payments, the payment schedule, and performance thresholds.
 (G)The project budget. (H)The project timeline.
 (I)The project eligibility criteria. (J)The evaluation design.
 (K)The metrics used to determine whether the proposed outcomes have been achieved and how these metrics are measured.
 (3)A copy of the progress reports and the final reports relating to each social impact partnership project.
 (4)An estimate of the savings to the Federal, State, and local government, on a program-by-program basis and in the aggregate, resulting from the successful completion of the social impact partnership project.
 (5)A copy of the Council's charter. 2059.RegulationsThe Secretary, in consultation with the Federal Interagency Council on Social Impact Partnerships, may issue regulations as necessary to carry out this subtitle.
						2060.GAO Audits
							(a)Authority To
 auditThe Comptroller General of the United States may audit the activities of any State, local government, or nongovernmental entity that receives funds under this subtitle to the extent that such activities are relevant to the operation of a social impact partnership project under this subtitle.
							(b)Access to
			 information
								(1)In
 generalNotwithstanding any other provision of law, the Comptroller General shall, upon request and at such reasonable time and in such reasonable form as the Comptroller General may request, have access to—
 (A)any records or other information under the control of or used by any State, local government, or nongovernmental entity that receives funds under this subtitle, to the extent that such records or other information are relevant to an audit under subsection (a);
 (B)any records or other information under the control of a person or entity acting on behalf of or under the authority of a State, local government, or nongovernmental entity that receives funds under this subtitle, to the extent that such records or other information are relevant to an audit under subsection (a); and
 (C)the officers, directors, employees, financial advisors, staff, working groups, and agents and representatives of any State, local government, or nongovernmental entity that receives funds under this subtitle (as related to the activities on behalf of such State, local government, or nongovernmental entity of such agent or representative), at such reasonable times as the Comptroller General may request and to the extent that such officers, directors, employees, financial advisors, staff, working groups, and agents and representatives possess information that is relevant to an audit under subsection (a).
 (2)CopiesThe Comptroller General may make and retain copies of such books, accounts, and other records, access to which is granted under this section, as the Comptroller General considers appropriate.
 2061.DefinitionsIn this subtitle: (1)AgencyThe term agency has the meaning given that term in section 551 of title 5, United States Code.
 (2)InterventionThe term intervention means a specific service delivered to achieve an impact through a social impact partnership project.
 (3)SecretaryThe term Secretary means the Secretary of the Treasury. (4)Social impact partnership projectThe term social impact partnership project means a project that finances social services using a social impact partnership model.
 (5)Social impact partnership modelThe term social impact partnership model means a method of financing social services in which— (A)Federal funds are awarded to a State or local government only if a State or local government achieves certain outcomes agreed upon by the State or local government and the Secretary; and
 (B)the State or local government coordinates with service providers, investors (if applicable to the project), and (if necessary) an intermediary to identify—
 (i)an intervention expected to produce the outcome; (ii)a service provider to deliver the intervention to the target population; and
 (iii)investors to fund the delivery of the intervention. (6)StateThe term State means each State of the United States, the District of Columbia, each commonwealth, territory or possession of the United States, and each federally recognized Indian tribe..
 3.Community Reinvestment ActSection 804 of the Community Reinvestment Act of 1977 (12 U.S.C. 2903) is amended by adding at the end the following:

 (e)Social impact partnership projectsIn assessing and taking into account, under subsection (a), the record of a financial institution, the appropriate Federal financial supervisory agency shall consider, as a factor, investments made by the financial institution in social impact partnership projects under subtitle C of title XX of the Social Security Act..


109 HR 1883 IH: To reduce temporarily the duty on Cyfluthrin (Baythroid).
U.S. House of Representatives
2005-04-27
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
109th CONGRESS
1st Session
H. R. 1883
IN THE HOUSE OF REPRESENTATIVES

April 27, 2005
Mr. Cleaver introduced the following bill; which was referred to the Committee on Ways and Means

A BILL
To reduce temporarily the duty on Cyfluthrin (Baythroid).

1.Cyfluthrin (Baythroid)
(a)In generalSubchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new heading:

9902.05.77Cyano-(4-fluoro-3-phenoxyphenyl)methyl-3-(2,2-dichloroethenyl)-2,2- dimethylcyclopropanecarboxylate (CAS No. 68359-37-5) (provided for in subheading 2926.90.30)3.5%No changeNo changeOn or before 12/31/2008
(b)Effective dateThe amendment made by subsection (a) applies to goods entered, or withdrawn from warehouse for consumption, on or after the 15th day after the date of enactment of this Act.


113 HR 4472 IH: US–Israel Global Neuroscience Partnership Act of 2014
U.S. House of Representatives
2014-04-10
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
		2d Session
		H. R. 4472
		IN THE HOUSE OF REPRESENTATIVES

			April 10, 2014
			Mr. Fattah introduced the following bill; which was referred to the Committee on Energy and Commerce

		A BILL
		To provide for the establishment of a grant program to support United States-Israeli cooperation
			 for neuroscience-related research, and for other purposes.

		1.Short titleThis Act may be cited as the US–Israel Global Neuroscience Partnership Act of 2014.
		2.Findings
			Congress finds that—
			(1)it is in the highest national security interests of the United States to develop
			 neuroscience-related research and neurotechnology;
			(2)the State of Israel is a steadfast ally of the United States;
			(3)the special relationship between the United States and Israel is manifested in a variety of
			 cooperative scientific research and development programs, such as—
				(A)the United States-Israel Binational Science Foundation; and
				(B)the United States-Israel Binational Industrial Research and Development Foundation;
				(4)those programs have made possible many scientific, technological, and commercial breakthroughs in
			 the fields of life sciences, medicine, bioengineering, agriculture,
			 biotechnology, communications, and others;
			(5)in December 2011 the Office of Science and Technology Policy was directed by Congress to establish
			 an Interagency Working Group on Neuroscience which was chartered on June
			 20, 2012, is housed at the White House, and is currently convening
			 representatives across the Federal Government to make recommendations
			 about the future of neuroscience research;
			(6)Israeli scientists and engineers are at the forefront of research and development in the field of
			 neuroscience;
			(7)Israel Brain Technologies is a nonprofit organization whose mission is to turn Israel into a global
			 brain technology and research leader by—
				(A)supporting applied brain research;
				(B)accelerating brain technology development;
				(C)creating and fostering a community around neurotechnology; and
				(D)attracting key stakeholders to partner and support brain technology in Israel; and
				(8)enhanced cooperation between the United States and Israel for the purpose of research and
			 development of neuroscience would be in the national interests of both
			 countries.
			3.Grants for neuroscience-related research
			(a)AuthorityThe Secretary, acting through the Director of the National Institutes of Health, in consultation
			 with the BIRD or BSF, shall award grants to eligible entities for
			 neuroscience-related research.
			(b)Application
				(1)Submission of applicationsTo receive a grant under this section, an eligible entity shall submit an application to the
			 Secretary containing such information and assurances as the Secretary, in
			 consultation with the BIRD or BSF, may require.
				(2)Selection of eligible entitiesThe Secretary, in consultation with the Directors of the BIRD and BSF, may review any application
			 submitted by any eligible entity and select any eligible entity meeting
			 criteria established by the Secretary, in consultation with the Advisory
			 Board, for a grant under this section.
				(c)Amount of grantThe amount of each grant awarded for a fiscal year under this section shall be determined by the
			 Secretary, in consultation with the BIRD or BSF.
			(d)Recoupment
				(1)In generalNot later than 180 days after the date of enactment of this Act, the Secretary shall establish
			 procedures and criteria for recoupment in connection with any eligible
			 project carried out by an eligible entity that receives a grant under this
			 section, which has led to the development of a product or process which is
			 marketed or used.
				(2)Amount required
					(A)Except as provided in subparagraph (B), such recoupment shall be required as a condition for award
			 and be proportional to the Federal share of the costs of such project, and
			 shall be derived from the proceeds of royalties or licensing fees received
			 in connection with such product or process.
					(B)In the case where a product or process is used by the recipient of a grant under this section for
			 the production and sale of its own products or processes, the recoupment
			 shall consist of a payment equivalent to the payment which would be made
			 under subparagraph (A).
					(3)WaiverThe Secretary may at any time waive or defer all or some of the recoupment requirements of this
			 subsection as necessary, depending on—
					(A)the commercial competitiveness of the entity or entities developing or using the product or
			 process;
					(B)the profitability of the project; and
					(C)the commercial viability of the product or process utilized.
					(e)Private fundsThe Secretary may accept contributions of funds from private sources to carry out this Act.
			(f)ReportNot later than 180 days after receiving a grant under this section, each recipient shall submit a
			 report to the Secretary—
				(1)documenting how the recipient used the grant funds; and
				(2)evaluating the level of success of each project funded by the grant.
				4.International Neuroscience-Related Research Advisory Board
			(a)EstablishmentThere is established in the National Institutes of Health an International Neuroscience-Related
			 Research Advisory Board.
			(b)DutiesThe Advisory Board shall advise the Secretary on—
				(1)criteria for the recipients of grants awarded under section 3(a);
				(2)the total amount of grant money to be awarded to all grantees selected by the Secretary, in
			 consultation with the BIRD; and
				(3)the total amount of grant money to be awarded to all grantees selected by the Secretary, in
			 consultation with the BSF, for each fiscal year.
				(c)Membership
				(1)CompositionThe Advisory Board shall be composed of—
					(A)1 member appointed by the Director of the National Science Foundation;
					(B)1 member appointed by the Director of the National Institutes of Health;
					(C)1 member appointed by the Director of the National Institute of Standards and Technology; and
					(D)in addition to the member appointed under subparagraph (B), 3 members who shall be Israeli
			 citizens, appointed by the Director of the National Institutes of Health
			 after consultation with appropriate officials in the Israeli Government.
					(2)Deadline for appointmentsThe initial appointments under paragraph (1) shall be made not later than 60 days after the date of
			 enactment of this Act.
				(3)TermEach member of the Advisory Board shall be appointed for a term of 4 years.
				(4)VacanciesA vacancy on the Advisory Board shall be filled in the manner in which the original appointment was
			 made.
				(5)Basic pay
					(A)CompensationA member of the Advisory Board shall serve without pay.
					(B)Travel expensesEach member of the Advisory Board shall receive travel expenses, including per diem in lieu of
			 subsistence, in accordance with applicable provisions of subchapter I of
			 chapter 57 of title 5, United States Code.
					(6)QuorumThree members of the Advisory Board shall constitute a quorum.
				(7)ChairpersonThe Chairperson of the Advisory Board shall be designated by the Director of the National
			 Institutes of Health from among the members appointed by the Director at
			 the time of the appointment.
				(8)MeetingsThe Advisory Board shall meet at least once annually at the call of the Chairperson.
				(d)TerminationSection 14(a)(2)(B) of the Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the
			 Advisory Board.
			5.DefinitionsIn this Act:
			(1)Advisory boardThe term Advisory Board means the International Neuroscience-Related Research Advisory Board established by section 4(a).
			(2)BIRDThe term BIRD means the Israel-United States Binational Industrial Research and Development Foundation.
			(3)BSFThe term BSF means the United States-Israel Binational Science Foundation.
			(4)Eligible entityThe term eligible entity means a joint venture comprised of both Israeli and United States private business entities or a
			 joint venture comprised of both Israeli academic persons (who reside and
			 work in Israel) and United States academic persons, that—
				(A)carries out an eligible project; and
				(B)is selected by the Secretary, in consultation with the BIRD or BSF, using the criteria established
			 by the Secretary, in consultation with the Advisory Board.
				(5)Eligible projectThe term eligible project means a project to encourage cooperation between the United States and Israel on
			 neuroscience-related research.
			(6)SecretaryThe term Secretary means the Secretary of Health and Human Services.
			6.TerminationThe grant program authorized under section 3 and the Advisory Board shall terminate upon the
			 expiration of the 7-year period which begins on the date of the enactment
			 of this Act.
		7.Authorization of appropriationsThe Secretary is authorized to expend not more than $20,000,000 to carry out this Act for each of
			 fiscal years 2014 through 2020.


115 HR 6603 IH: Service Disabled Veteran Infrastructure Investment Parity Act
U.S. House of Representatives
2018-07-26
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.

I115th CONGRESS2d SessionH. R. 6603IN THE HOUSE OF REPRESENTATIVESJuly 26, 2018Mr. Luetkemeyer (for himself and Mr. Sessions) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure, and in addition to the Committee on Small Business, 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 amend the FAST Act to ensure that certain veteran small businesses are eligible for funding as
			 small business concerns.

 1.Short titleThis Act may be cited as the Service Disabled Veteran Infrastructure Investment Parity Act. 2.Small business concernsSection 1101(b) of the FAST Act (Public Law 114–94) is amended—
 (1)in paragraph (2) by adding at the end the following:  (C)Service-disabled veteran-owned small businessThe term service-disabled veteran-owned small business has the meaning given the term small business concern owned and controlled by service-disabled veterans in section 3(q) of the Small Business Act (15 U.S.C. 632(q)).;
 (2)in paragraph (3), by inserting before the period the following: and service-disabled veteran-owned small businesses; and (3)in paragraph (4)(B)—
 (A)in clause (ii) by striking and at the end; (B)in clause (iii) by striking the period at the end and inserting ; and; and
 (C)by adding at the end the following:  (iv)service-disabled veteran-owned small businesses..


IV
111th CONGRESS
1st Session
H. RES. 445
In the House of Representatives, U. S.,

October 14, 2009

RESOLUTION
Recognizing 100 years of military aviation and expressing continued support for military aviators of the United States Armed Forces.

Whereas Orville and Wilbur Wright secured the patent for their powered airplane in 1906, affording them the opportunity to compete for contracts with the Army;
Whereas the United States Army Signal Corps made its first purchase of an airplane, the Wright Military Flyer, in 1909 at a cost of $30,000;
Whereas the Wright Military Flyer carried a passenger over a distance of 125 miles;
Whereas today’s military aircraft can travel around the world without landing;
Whereas the importance of military aviation and air superiority in battle was first demonstrated in World War I;
Whereas, during World War II, United States Naval aviation was decisive in reversing the Japanese advance and winning the war in the Pacific;
Whereas United States Army Air Corps played a crucial role in executing strategic bombing campaigns in both the European and Pacific theaters;
Whereas the National Security Act of 1947 established the United States Army Air Corps as a separate military branch, the United States Air Force;
Whereas the Vietnam War brought about new, more modern fighter jets and bombers, including the F–105 Thunderchief and the F–4 Phantom;
Whereas military aviators continue to provide invaluable offensive, defensive, logistical, and intelligence support to the Armed Forces;
Whereas military aviators have been on the front lines of combat and humanitarian missions in Iraq and Afghanistan;
Whereas the increase in technology over the last century has made military aircraft an essential component in the safety and security of the United States homeland; and
Whereas the National Air and Space Museum of the Smithsonian Institution will commemorate the centennial of military aviation with programs and exhibits throughout 2009: Now, therefore, be it

That the House of Representatives recognizes 100 years of military aviation and expresses its continued support for military aviators of the United States Armed Forces.

Lorraine C. Miller,Clerk.


116 S3814 IS: Reviving the Economy Sustainably Towards A Recovery in Twenty-twenty Act
U.S. Senate
2020-05-21
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.

II116th CONGRESS2d SessionS. 3814IN THE SENATE OF THE UNITED STATESMay 21, 2020Mr. Bennet (for himself and Mr. Young) introduced the following bill; which was read twice and referred to the Committee on FinanceA BILLTo establish a loan program for businesses affected by COVID–19 and to extend the loan forgiveness period for paycheck protection program loans made to the hardest hit businesses, and for other purposes.1.Short titleThis Act may be cited as the Reviving the Economy Sustainably Towards A Recovery in Twenty-twenty Act or the RESTART Act.2.Extension of covered period for loan forgiveness under the paycheck protection program for the hardest hit businessesSection 1106 of the CARES Act (Public Law 116–136) is amended—(1)by amending subsection (a)(3) to read as follows:(3)the term covered period means—(A)except as provided in subparagraph (B), the 8-week period beginning on the date of the origination of a covered loan; or(B)the period beginning on the date of the origination of a covered loan and ending on the later of the date that is 16 weeks after the date of the origination of the covered loan and the date that is 8 weeks after the date of enactment of the Reviving the Economy Sustainably Towards A Recovery in Twenty-twenty Act, if the eligible recipient of the covered loan—(i)has less than 500 full-time equivalent employees; and(ii)makes a good faith certification to the Administrator that, during the 8-week period described in subparagraph (A), the eligible recipient suffered a decline in gross receipts of not less than 25 percent relative to a comparable 8-week period—(I)immediately preceding March 2, 2020; or(II)during 2019;; and(2)in subsection (d)(2), by adding at the end the following:(C)ExceptionThis paragraph shall not apply with respect to an eligible recipient described in subsection (a)(3)(B)..3.RESTART loan program(a)DefinitionsIn this section:(1)Administration; AdministratorThe terms Administration and Administrator mean the Small Business Administration and the Administrator thereof, respectively.(2)Community development financial institutionThe term community development financial institution has the meaning given the term in section 103 of the Riegle Community Development and Regulatory Improvement Act of 1994 (12 U.S.C. 4702).(3)Covered loanThe term covered loan means a loan made under this section during the covered period.(4)Covered periodThe term covered period means—(A)except as provided in subparagraph (B), and as determined by the eligible recipient of a covered loan, the 6-month period beginning on—(i)the date of the origination of the covered loan;(ii)the first day of the next scheduled pay period following the date of the origination of the covered loan; (iii)the first day of the first full month following the date of the origination of the covered loan; or(iv)April 15, 2020; or(B)with respect to an eligible recipient of a covered loan that suffered a decline in gross receipts of more than 80 percent in 2020 as compared to 2019 or in the 6-month period beginning on the date of the origination of the covered loan as compared to a comparable period in 2019, and as determined by the eligible recipient of a covered loan, the 12-month period beginning on—(i)the date of the origination of the covered loan;(ii)the first day of the next scheduled pay period following the date of the origination of the covered loan;(iii)the first day of the first full month following the date of the origination of the covered loan; or(iv)April 15, 2020.(5)Eligible recipientThe term eligible recipient—(A)means an individual or entity that—(i)is eligible to receive a loan made under section 7(a)(36) of the Small Business Act (15 U.S.C. 636(a)(36)); or(ii)has not more than 5,000 full-time employees; (B)includes—(i)a nonprofit organization that—(I)has not more than 5,000 full-time employees; and(II)is not more than 50 percent owned or controlled by a State, local, or Tribal government;(ii)a business concern that—(I)deals in rare coins and stamps; and (II)has not more than 5,000 full-time employees; and(iii)a business concern that leases or finances equipment to other businesses, if the business concern—(I)has not more than 5,000 full-time employees; and(II)is not—(aa)a mortgage lender; or (bb)a lender participating in the loan program under section 7(a)(36) of the Small Business Act (15 U.S.C. 636(a)(36)).(6)Minority depository institutionThe term minority depository institution has the meaning given the term in section 308 of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (12 U.S.C. 1463 note). (7)Nonprofit organizationThe term nonprofit organization means an entity described in paragraph (3), (5), (6), (7) (related to housing), (12), (13), or (19) of section 501(c) of the Internal Revenue Code and that is exempt from taxation under section 501(a) of such Code.(8)Payroll costsThe term payroll costs has the meaning given the term in section 7(a)(36)(A) of the Small Business Act (15 U.S.C. 636(a)(36)(A)), except that such costs shall not include—(A)qualified wages taken into account in determining the credit allowed under section 2301(g) of the CARES Act (Public Law 116–136); or(B)any payments made to an independent contractor.(9)SecretaryThe term Secretary means the Secretary of the Treasury.(10)Underserved borrowerThe term underserved borrower means any business concern that has traditionally had difficulty accessing finance, including—(A)business concerns that—(i)have fewer than 25 employees and do not have a strong relationship with a bank;(ii)are owned or controlled by minorities; (iii)are owned or controlled by women;(iv)are owned or controlled by veterans, including service-disabled veterans (as those terms are defined in section 3(q) of the Small Business Act (15 U.S.C. 632(q))); or(v)are located in low-income and rural communities, including those in areas eligible for assistance under section 45D of the Internal Revenue Code of 1986; and(B)Tribal business concerns.(b)EstablishmentThe Administrator shall establish a program to guarantee loans made to eligible recipients affected by COVID–19. (c)ParticipationIn an agreement to participate in a covered loan on a deferred basis, the participation by the Administration shall be 100 percent.(d)Terms and requirements(1)DurationExcept as provided in paragraph (4), the duration of a covered loan shall be for not more than 7 years.(2)Amount(A)In generalThe amount of a covered loan made to an eligible recipient shall be not more than the lesser of—(i)45 percent of the 2019 gross receipts of the eligible recipient; and(ii)$12,000,000. (B)Duplication of assistance(i)In generalAn eligible recipient of a covered loan shall not use proceeds of the covered loan for the same expenses that are covered using funds received under subsection (a)(36) or (b)(2) of section 7 of the Small Business Act (15 U.S.C. 636) or section 1110 of the CARES Act (Public Law 116–136).(ii)Reduction based on other SBA loansThe amount of a covered loan for which an eligible recipient may receive under this section shall be reduced by the amount of any assistance received by the eligible recipient under subsection (a)(36) or (b)(2) of section 7 of the Small Business Act (15 U.S.C. 636) or section 1110 of the CARES Act (Public Law 116–136) that is intended to be used for the allowable expenses described in subsection (g)(2) during the covered period.(3)Interest rate(A)In generalExcept as provided in paragraph (4), the interest rate on a covered loan shall be, as determined by the Administrator and the Secretary—(i)for the first 2 years of the covered loan, not less than 2 percent and not more than 4 percent; and(ii)for the third through seventh years of the covered loan, the Applicable Federal Rate plus 250 to 600 basis points based on the decline in gross receipts of the eligible recipient.(B)No payments for 12 monthsNo payments shall be due on interest on a covered loan for the first 12 months of the covered loan.(4)Special provisions for nonprofit organizationsAt the time of application for a covered loan, a nonprofit organization described in subsection (a)(5)(B) shall make an election—(A)for a covered loan with a maturity of not more than 10 years and an interest rate of not more than 2 percent for the first 4 years of a covered loan, with no eligibility for forgiveness of the covered loan under subsection (j); or(B)for a covered loan with the maturity and interest rate terms described in paragraphs (1) and (3), respectively, with the ability to obtain forgiveness of the covered loan if the nonprofit organization qualifies under subsection (j)(2).(5)Payment deferral(A)In generalNo payment of principal shall be due on a covered loan for the first 2 years of the covered loan.(B)Additional deferralAfter the 2-year deferral period described in subparagraph (A), the Administrator may grant not more than an additional 2 years of principal deferral to an eligible recipient of a covered loan if the eligible recipient is certified by the Administrator and the Secretary as economically distressed based on publicly available criteria established by the Administrator and the Secretary.(6)Origination fees(A)In generalThe origination fee for a covered loan shall be as follows:(i)3.75 percent for a covered loan of not more than $100,000.(ii)3.5 percent for a covered loan of more than $100,000 and not more than $250,000. (iii)3.25 percent for a covered loan of more than $250,000 and not more than $500,000. (iv)3 percent for a covered loan of more than $500,000 and not more than $750,000. (v)2.75 percent for a covered loan of more than $750,000 and not more than $1,000,000.(vi)2.5 percent for a covered loan of more than $1,000,000 and not more than $1,500,000.(vii)2.25 percent for a covered loan of more than $1,500,000 and not more than $1,750,000.(viii)2 percent for a covered loan of more than $1,750,000 and not more than $2,000,000.(ix)1.75 percent for a covered loan of more than $2,000,000 and not more than $2,500,000.(x)1.5 percent for a covered loan of more than $2,500,000 and not more than $3,000,000.(xi)1.25 percent for a covered loan of more than $3,000,000 and not more than $3,500,000.(xii)1 percent for a covered loan of more than $3,500,000 and not more than $4,000,000.(xiii)0.75 percent for a covered loan of more than $4,000,000 and not more than $12,000,000. (B)Payment by Federal GovernmentThe Administrator shall—(i)for any covered loan that is made to an eligible recipient with not more than 500 full-time employees, pay the applicable origination fee described in subparagraph (A); and(ii)for any covered loan of not more than $10,000,000 that is made to an eligible recipient with more than 500 full-time employees, pay 50 percent of the amount of the applicable origination fee described in subparagraph (A).(C)Payment by eligible recipientAfter any applicable payments by the Administrator under subparagraph (B), the eligible recipient of a covered loan—(i)shall be responsible for paying the remainder of any applicable origination fee under subparagraph (A); and(ii)may finance the amount of the applicable origination fee as part of the covered loan amount, with such origination fee amount not counting toward the limitation on covered loan amounts described in paragraph (2)(A).(7)Streamlined proceduresThe Administrator and the Secretary shall establish streamlined application and loan approval procedures for eligible recipients with not more than 500 full-time employees, including by allowing an eligible recipient to use an existing application submitted to a lender for the loan program under section 7(a)(36) of the Small Business Act (15 U.S.C. 636(a)(36)) and update the application as necessary for purposes of applying for a covered loan.(8)Application(A)AvailabilityThe Administrator shall make available the application for a covered loan in the 10 most commonly spoken languages, other than English, in the United States, which shall include Spanish, Mandarin, Cantonese, Japanese, and Korean.(B)GuidanceNot later than 15 days after the date of enactment of this Act, the Administrator and the Secretary shall issue guidance to allow lenders to receive applications for covered loans.(C)Deadline for responseA lender that receives an application for a covered loan shall—(i)not later than 2 days after submission of the application to the Administrator, notify the applicant that the lender submitted the application and provide the confirmation number; and(ii)not later than 15 days after approving the application, disburse the funds to the applicant.(D)FormatThe application for a covered loan shall be similar to the application used for a loan made under section 7(a)(36) of the Small Business Act (15 U.S.C. 636(a)(36)), with additional details requested by the Administrator as necessary.(E)Application windowsThe Administrator shall make efforts to ensure that underserved borrowers that are eligible recipients receive covered loans, including by establishing exclusive application windows for those eligible recipients.(9)Limitation on number of loansAn eligible recipient may receive not more than 2 covered loans, the requested aggregate amount of which shall not exceed the limitation on covered loan amounts described in paragraph (2)(A).(10)Waiver of prepayment penaltyNotwithstanding any other provision of law, there shall be no prepayment penalty for any payment made on a covered loan.(11)United States operationsA covered loan may only be used for expenses related to the operations of an eligible recipient carried out in the United States, including any territory or possession of the United States and operations carried out off of the United States coastline.(e)Lenders(1)Existing PPP lendersA lender that is approved to make loans under section 7(a)(36) of the Small Business Act (15 U.S.C. 636(a)(36)) and is approved by the Administrator and the Secretary may make and approve covered loans.(2)Additional lendersThe authority to make covered loans shall be extended to additional lenders determined by the Administrator and the Secretary to have the necessary qualifications to process, close, disburse, and service loans made with the guarantee of the Administration.(3)Lenders serving underserved borrowersIn approving lenders to make covered loans, the Administrator and the Secretary shall give priority to lenders that are community development financial institutions with lower lending volumes, minority depository institutions, mission-based nonprofit lenders, nonbank lenders, and other financial institutions that disproportionately serve underserved borrowers.(4)Resale of loansA lender of a covered loan may sell the covered loan to a third party. (5)Sale of participation in covered loansA lender of a covered loan may sell a participation in the covered loan to a non-authorized lender in an amount that is not more than 85 percent of the covered loan.(6)Agent disclosureIn order to be eligible to obtain a fee, any agent shall be disclosed to the lender and the Administrator at the time of application for a covered loan. (7)Capital and liquidity requirementsUntil December 31, 2021, the amount of a covered loan made by a lender shall be disregarded by Federal regulators for the purpose of calculating regulatory capital and liquidity requirements.(f)Borrower requirements(1)CertificationAn eligible recipient applying for a covered loan shall submit a good faith certification that the eligible recipient suffered a decline in gross receipts of not less than 25 percent—(A)during an 8-week period during the period beginning on February 15, 2020, and ending on July 31, 2020, relative to a comparable 8-week period during—(i)the period beginning on January 1, 2020, and ending on March 31, 2020; or(ii)2019; or(B)during a calendar or fiscal quarter during the period beginning on February 15, 2020, and ending on July 31, 2020, relative to the same calendar or fiscal quarter in 2019.(2)Accounting methodAn eligible recipient may calculate the decline in gross receipts described in paragraph (1) using the cash or accrual accounting method.(3)AdjustmentsThe Administrator, in consultation with the Secretary, shall provide guidance on appropriate adjustments to the terms under this subsection for eligible recipients seeking a covered loan that are fiscal year taxpayers or seasonal businesses.(4)Restrictions(A)In generalThe Administrator may enter into agreements to guarantee covered loans made to eligible recipients only if the Administrator determines that the agreement provides that, until the date that is 12 months after the date on which the covered loan is no longer outstanding—(i)the eligible recipient or an affiliate of the eligible recipient shall not purchase an equity security that is listed on a national securities exchange of the eligible recipient or any parent company of the eligible recipient, except to the extent required under a contractual obligation in effect as of the date of enactment of this Act;(ii)the eligible recipient shall not pay dividends or make other capital distributions with respect to the common stock of the eligible recipient; and(iii)the restrictions on certain employee compensation described in section 4004(a) of the CARES Act (Public Law 116–136) apply to officers and employees of the eligible recipient. (B)Exceptions(i)DividendsSubparagraph (A)(ii) shall not apply to any eligible recipient that is a real estate investment trust (as defined under section 856 of the Internal Revenue Code of 1986) for the taxable year in which the distribution is made to the extent that such entity distributes no more than 100 percent of real estate investment trust taxable income (as defined in section 857(b)(2) of such Code, determined without regard to the deduction for dividends paid (as defined in section 561 of such Code)) during such taxable year. (ii)DistributionsNotwithstanding subparagraph (A), during the period described in that subparagraph an eligible recipient that is an S-corporation or a limited liability company may provide a distribution to pay income taxes.(5)Emergency relief funds(A)In generalExcept as provided in subparagraph (B), an eligible recipient applying for a covered loan may not receive or have received any assistance under 4003 of the CARES Act (Public Law 116–136) for any purpose. (B)Return of fundsAn eligible recipient that received assistance under section 4003 of the CARES Act (Public Law 116–136) may apply for a covered loan if the eligible recipient returns the funds received under such section 4003.(6)Business concerns with more than 1 physical locationA business concern that employs not more than 500 full-time employees per physical location of the business concern and that is assigned a North American Industry Classification System code beginning with 72 at the time of disbursal shall be eligible to receive a covered loan if the number of full-time employees, in the aggregate, does not exceed 5,000.(7)Waiver of affiliation rulesThe provisions applicable to affiliations under section 121.103 of title 13, Code of Federal Regulations, or any successor regulation, are waived with respect to eligibility for a covered loan for—(A)any eligible recipient with not more than 500 employees that is assigned a North American Industry Classification System code beginning with 72; (B)any eligible recipient operating as a franchise; (C)any eligible recipient that receives financial assistance from a company licensed under section 301 of the Small Business Investment Act of 1958 (15 U.S.C. 681); and(D)any eligible recipient with not more than 500 full-time employees that is not more than 50 percent owned or controlled by another entity. (8)Calculation of full-time employeesFor purposes of determining the number of full-time employees of an eligible recipient as of February 15, 2020—(A)any employee working not fewer than 30 hours per week shall be considered a full-time employee; and(B)any employee working not fewer than 10 hours and fewer than 30 hours per week shall be counted as one-half of a full-time employee. (9)Credit elsewhereDuring the covered period, an eligible recipient is not required to show that the eligible recipient is unable to obtain credit elsewhere, as defined in section 3(h) of the Small Business Act (15 U.S.C. 632(h)).(10)SubordinationAny covered loan made to an eligible recipient shall be subordinate to any liability incurred by the eligible recipient before February 15, 2020.(11)Restrictions for prior bankruptcyA lender may deny an application for a covered loan submitted by an eligible recipient if, during the 7-year period preceding the date of the application, the eligible recipient or a person that owns or controls the eligible recipient filed a petition for bankruptcy under chapter 7 or 13 of title 11, United States Code.(g)Use of funds(1)In generalAn eligible recipient of a covered loan may use the proceeds for allowable expenses described in paragraph (2).(2)Allowable expensesThe expenses described in this paragraph are—(A)payroll costs for employees and furloughed employees, including—(i)costs for continuation coverage provided pursuant to part 6 of subtitle B of title I of the Employee Retirement Income Security Act of 1974 (other than under section 609), title XXII of the Public Health Service Act, section 4980B of the Internal Revenue Code of 1986 (other than subsection (f)(1) of such section insofar as it relates to pediatric vaccines), or section 8905a of title 5, United States Code, or under a State program that provides comparable continuation coverage, other than coverage under a health flexible spending arrangement under a cafeteria plan within the meaning of section 125 of the Internal Revenue Code of 1986; or(ii)any other non-cash benefit;(B)rent;(C)utilities;(D)mortgage interest payments on existing mortgages as of February 15, 2020; (E)scheduled interest payments on other scheduled debt as of February 15, 2020; (F)costs related to personal protective equipment; (G)payments of principal on outstanding loans; (H)payments made to independent contractors, as reported on Form–1099 MISC; (I)other ordinary and necessary business expenses, including—(i)settling existing debts owed to vendors and replenishing inventory;(ii)franchise fees;(iii)hotel management fees;(iv)maintenance expenses;(v)administrative costs; (vi)taxes;(vii)operating leases; and(viii)any other capital expenditure or expense required under any State, local, or Federal law or guideline related to social distancing.(3)Prohibited expensesAn eligible recipient may not use the proceeds of a covered loan—(A)to purchase real estate;(B)for payments of interest or principal on loans originated after February 15, 2020; (C)to invest or re-lend funds; (D)for contributions or expenditures to, or on behalf of, any political party, party committee, or candidate for elective office; or (E)for any other use as may be prohibited by the Administrator.(h)Loan disbursal(1)Initial disbursalDuring the initial 14-day period in which lenders make and approve covered loans, the lenders shall be limited to making covered loans to eligible recipients—(A)with fewer than 50 full-time employees for the first 7-day period; and(B)with fewer than 500 full-time employees for the second 7-day period.(2)ReportNot later than the later of the date that is 180 days after the date on which amounts made available to carry out this Act are expended or July 31, 2021, the Inspector General of the Administration shall submit to Congress a report evaluating whether small business concerns (as defined in section 3 of the Small Business Act (15 U.S.C. 632)), minority-owned eligible recipients, and other underserved borrowers are treated fairly in the process of making and approving covered loans. (i)Maturity for loans with remaining balance after application for forgivenessWith respect to a covered loan that has a remaining balance after a reduction based on the loan forgiveness amount under subsection (j)—(1)the remaining balance shall continue to be guaranteed by the Administration under this section; and (2)the covered loan shall have a maximum maturity of 78 months from the date on which the borrower applies for loan forgiveness under that subsection.(j)Loan forgiveness(1)In generalExcept as otherwise provided in this subsection, an eligible recipient of a covered loan that is not a nonprofit organization shall be eligible for forgiveness for expenses described in subparagraphs (A) through (F) of subsection (g)(2) incurred during the covered period using proceeds of the covered loan in an amount equal to the product obtained by multiplying—(A)the product obtained by multiplying—(i)the percentage decline in revenues of the eligible recipient—(I)if the covered period does not extend past March 31, 2021, between the total revenue received by the business during calendar year 2020 and the total revenue received by the business during calendar year 2019; or (II)between the total revenue during the 6-month period following the date of the origination of the covered loan and the total revenue during a comparable 6-month period during the 12-month period preceding the date of the origination of the covered loan; and(ii).90; and(B)(i)for an eligible recipient with not more than 500 employees, the sum of the expenses of the eligible recipient described in subparagraphs (A) through (F) of subsection (g)(2) paid during the covered period; or(ii)for an eligible recipient with more than 500 and not more than 5,000 employees, the sum of—(I)the benefits described in clauses (i) and (ii) of subsection (g)(2)(A) of this section and the payments described in subitems (CC) through (GG) of section 7(a)(36)(A)(viii)(I)(aa) of the Small Business Act (15 U.S.C. 636(a)(36)(A)(viii)(I)(aa)) that were paid during the covered period; and(II)the expenses described in subparagraphs (B) through (F) of subsection (g)(2) that were paid during the covered period.(2)Loan forgiveness for small nonprofitsA nonprofit organization described in subsection (a)(5)(B) with not more than 500 full-time employees that is an eligible recipient of a covered loan shall be eligible for forgiveness for expenses described in subparagraphs (A) through (F) of subsection (g)(2) using, at the election of the nonprofit organization—(A)the amount obtained using the formula described in paragraph (1), except that gross receipts shall not include donations, grants, dues, and investment income; or(B)the amount obtained using the formula described in paragraph (1), except that the number in subparagraph (A)(ii) of such paragraph shall be—(i).7 for a nonprofit organization with not more than 50 full-time employees; and(ii).2 for a nonprofit organization with not fewer than 50 and not more than 500 full-time employees.(3)Prohibition on forgivenessAny covered loan made to an eligible recipient that is publicly traded, is a nonprofit organization described in section 501(c)(7) of the Internal Revenue Code, or is an eligible recipient described in subsection (f)(7)(D) shall not be eligible for loan forgiveness under this subsection.(4)Limitation on amount of forgiveness(A)In generalThe amount of all covered loans made to an eligible recipient that may be forgiven under this subsection shall not exceed the total losses incurred by the eligible recipient in the taxable year 2020.(B)Application of related party paymentsThe Secretary shall issue regulations that provide that, for purposes of the loss calculation under subparagraph (A)—(i)with respect to an eligible recipient of a covered loan with not fewer than 500 full-time employees, related party transactions are prohibited from counting toward the loss calculation; and(ii)with respect to an eligible recipient of a covered loan with not more than 500 full-time employees, any related party payments made during the covered period cannot be greater than related party payments made during taxable year 2019.(C)Capital lossesFor purposes of the loss calculation under subparagraph (A), capital losses from the sale of assets or deductions for guaranteed payments to partners in partnerships or owners in S corporations shall not count toward the loss calculation.(D)Limitation on PPE expensesAn eligible recipient may only receive forgiveness for personal protective equipment expenses described in subsection (g)(2)(F) of not more than $5,000.(5)No limits based on percentage of funds used for certain expensesThe Administrator or the Secretary shall not place limitations on forgiveness under this subsection based on the percentage of covered loan proceeds that are used for specific expenses described in subsection (g)(2).(6)Hold harmlessIf a lender approved to make covered loans has received the required documentation under this section from an applicant attesting that the applicant has accurately verified the eligibility, gross receipts, and expenses of the applicant during the covered period—(A)an enforcement action may not be taken against the lender under section 47(e) of the Small Business Act (15 U.S.C. 657t(e)) relating to loan forgiveness for those expenses; and(B)the lender shall not be subject to any penalties by the Administrator relating to loan forgiveness for the expenses.(7)Treatment of forgiven amounts(A)In generalSection 108(a)(1) of the Internal Revenue Code of 1986 is amended by striking or at the end of subparagraph (D), by striking the period at the end of subparagraph (E)(ii) and inserting , or, and by adding at the end the following new subparagraph:(F)the indebtedness discharged is a covered loan (as defined in section 4(a) of the RESTART Act) discharged under section 4(j) of such Act..(B)Reduction of tax attributesSection 108(b)(1) of such Code is amended by striking or (C) and inserting , (C), or (F) (after application of subsection (j)(i)).(C)LimitationSection 108 of such Code is amended by adding at the end the following new subsection:(j)Special rules for discharges of covered loans(1)Inclusion of excess amounts(A)In generalIn the case of any taxpayer to which subsection (a)(1)(F) applies, the gross income of such taxpayer for any taxable year in the applicable period shall be increased by the product of—(i)20 percent, and(ii)so much of the amount excluded under subsection (a)(1)(F) as exceeds $250,000.(B)Applicable periodFor purposes of subparagraph (A), the term applicable period means the 5 taxable-year period beginning with the taxable year in which the discharge occurs.(2)Application to tax attributesFor purposes of applying subsection (b), the amount taken into account as excluded from income under subsection (a)(1)(F) shall not exceed $250,000..(D)Effective dateThe amendments made by this paragraph shall apply to discharges of indebtedness after the date of the enactment of this Act. (8)Coordination with employee retention tax creditSection 2301(g) of the CARES Act (Public Law 116–136) is amended to read as follows:(g)Election To not take certain wages into account(1)In generalThis section shall not apply to qualified wages paid by an eligible employer with respect to which such employer makes an election (at such time and in such manner as the Secretary may prescribe) to have this section not apply to such wages.(2)Coordination with RESTART loansThe Secretary, in consultation with the Administrator of the Small Business Administration, shall issue guidance providing that payroll costs paid or incurred during the covered period shall not fail to be treated as qualified wages under this section by reason of an election under paragraph (1) to the extent that a covered loan of the eligible employer is not forgiven by reason of a decision under section 3(j) of the RESTART Act. Terms used in the preceding sentence which are also used in section 3 of such Act shall have the same meaning as when used in such section..(k)Special rules for seasonal and new businesses(1)In generalThe Administrator and the Secretary shall develop special rules and procedures for eligibility, calculation of full-time employees, loan terms, and loan forgiveness for—(A)covered loans made to eligible recipients that are seasonal that do not have sufficient revenue to fully benefit from assistance provided under this section; and(B)covered loans made to eligible recipients formed after January 1, 2019, that do not have sufficient revenue to fully benefit from assistance provided under this section.(2)Loan amountThe Administrator and the Secretary shall develop terms with respect to the loan amount of a covered loan for the eligible recipients described in paragraph (1) to provide consistent support to those eligible recipients relative to an existing or a non-seasonal eligible recipient.(3)ProhibitionAn eligible recipient formed after January 1, 2019, shall not be eligible for loan forgiveness under this section. (l)Transparency(1)ReportingThe Administrator shall collect and publish information in searchable and downloadable format on eligible recipients of covered loans, including—(A)the name of each eligible recipient with not fewer than 50 full-time employees that received a covered loan, which shall be published on a monthly basis;(B)aggregate demographic information of applicants that applied and applicants that were approved for a covered loan, which shall be published on a weekly basis;(C)the number of loan applications received and total loan amount requested, the number of loan applications awaiting disposition and the total loan amount awaiting disposition, the number of loan applications rejected and the total loan amount rejected, and the number of loan applications approved and the total loan amount approved by each lender, which shall be published on a weekly basis;(D)aggregate total loan volume approved broken down by industry and by State, which shall be published on a weekly basis;(E)details on the number of full-time equivalent employees, loan size, loan terms, industry, and headquarters location of each eligible recipient of a covered loan, which shall be published on a monthly basis; and(F)the name of and loan amount forgiven for each eligible recipient of a covered loan with not fewer than 50 full-time employees, with aggregate loan amount forgiveness data provided for all eligible recipients of covered loans, which shall be published in a final report not later than December 31, 2022.(2)Multiple applicationsTo the extent possible, the Administrator should endeavor to de-duplicate multiple applications for a covered loan submitted by the same applicant to different lenders for purposes of public reporting. (m)Separation of funds and bankruptcy treatment(1)Separation of fundsAn eligible recipient of a covered loan shall—(A)separately account for, and not commingle with other funds, the proceeds of the covered loan; and(B)account in detail for the use of the proceeds.(2)Bankruptcy treatment(A)In generalIf an eligible recipient of a covered loan is a debtor in a case under chapter 7 or 13 of title 11, United States Code, and the covered loan is still outstanding on the date of the commencement of the case—(i)any interest of the eligible recipient in the proceeds of the covered loan shall not be included in the property of the estate; and(ii)the amount of the proceeds of the covered loan that were not expended on allowable expenses described in subsection (g)(2) or forgiven under subjection (j) shall be transferred to the Federal Government.(B)Unrecovered amounts on covered loansNothing in subparagraph (A) shall preclude the Federal Government from pursuing a claim in a case under chapter 7 or 13 of title 11, United States Code, with respect to the difference, if any, between the amount due to the Federal Government on a covered loan and the amount that was transferred under subparagraph (A)(ii). (n)Authorization of appropriationsThere is authorized to be appropriated to the Administration—(1)such sums as may be necessary to carry out this section, to remain available until December 31, 2020; and(2)$150,000,000, to remain available until expended, for administrative purposes to update technologies to allow for digital case management, electronic submissions, and increased telecommunications related to the program under this section.


114 S1477 IS: Long Range Strike Aircraft Mix Act of 2015
U.S. Senate
2015-06-02
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.

		II
		114th CONGRESS1st Session
		S. 1477
		IN THE SENATE OF THE UNITED STATES

			June 2, 2015
			Mr. Rounds introduced the following bill; which was read twice and referred to the Committee on Armed Services

		A BILL
		To require a report on the future mix of aircraft platforms for the Armed Forces.

		1.Short title
 This Act may be cited as the Long Range Strike Aircraft Mix Act of 2015.
		2.Report on future mix of aircraft platforms for the Armed Forces
 (a)Report on study requiredThe Secretary of Defense shall submit to Congress a report setting forth the results of a study, to be performed by an organization or entity independent of the Department of Defense selected by the Secretary for purposes of this section, that determines the following:
 (1)An optimized future mix of shorter range fighter-class strike aircraft and long-range strike aircraft platforms for the Armed Forces.
 (2)An appropriate future mix of manned aerial platforms and unmanned aerial platforms for the Armed Forces.
 (b)Considerations in determining mixThe mixes determined pursuant to the study shall be determined taking into account relevant portions of the defense strategy, critical assumptions, priorities, force-sizing construct, and cost.
 (c)Nonduplication of effortIf any information required under subsection (a) has been included in another report or notification previously submitted to Congress by law, the Secretary may provide a list of such reports and notifications at the time of submitting the report required by subsection (a) in lieu of including such information in the report required by subsection (a).