110 HR 3234 IH: HSA Improvement and Expansion Act of 2007
U.S. House of Representatives
2007-07-31
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 1st Session
H. R. 3234
IN THE HOUSE OF REPRESENTATIVES

July 31, 2007
Mr. Cantor (for himself and Mr. Sam Johnson of Texas) 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 improve access to health care through expanded health savings accounts.

1.Short title, etc
(a)Short titleThis Act may be cited as the HSA Improvement and Expansion Act of 2007.
(b)Amendment of 1986 CodeExcept as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Internal Revenue Code of 1986.
(c)Table of contentsThe table of contents is as follows:

Sec. 1. Short title, etc.
Sec. 2. Health reimbursement arrangements and spending arrangements in combination with health savings accounts.
Sec. 3. Increase in annual HSA contribution limitation.
Sec. 4. Purchase of health insurance from HSA account.
Sec. 5. Special rule for certain medical expenses incurred before establishment of account.
Sec. 6. Provisions relating to Medicare.
Sec. 7. Individuals eligible for veterans benefits for a service-connected disability.
Sec. 8. Allow both spouses to make catch-up contributions to the same HSA account.
Sec. 9. FSA and HRA Termination to fund HSAs.
2.Health reimbursement arrangements and spending arrangements in combination with health savings accounts
(a)In generalSubparagraph (B) of section 223(c)(1) (relating to certain coverage disregarded) is amended by striking and at the end of clause (ii), by striking the period at the end of clause (iii) and inserting , and, and by inserting after clause (iii) the following new clause:

(iv)coverage under a flexible spending arrangement or a health reimbursement arrangement, or both, which meets the requirements of paragraph (6)..
(b)Combination health reimbursement, savings, and spending arrangementsSubsection (c) of section 223 (relating to definitions and special rules) is amended by adding at the end the following new paragraph:

(6)Combined limit for contributions or credits to health reimbursement, arrangements and spending arrangements
(A)In generalIn the case of coverage under a flexible spending arrangement or a health reimbursement arrangement, or both, such coverage meets the requirements of this paragraph if, with respect to an individual—
(i)the sum of—
(I)the amount allowable as a deduction under subsection (a),
(II)the salary reduction amount elected by the individual and, if applicable, the employer contribution or credit allocated to the individual for the taxable year under the flexible spending arrangement (as defined in section 106(c)(2)), plus
(III)the amounts that the individual is permitted, under the terms of the plan, to receive in reimbursements for the taxable year under the health reimbursement arrangement, does not exceed
(ii)the sum of the annual deductible and the other annual out-of-pocket expenses (other than for premiums) required to be paid under the plan by the eligible individual for covered benefits.
(B)Exceptions for disregarded coverageFor purposes of subparagraph (A)—
(i)Certain flexible spending arrangementsAny flexible spending arrangement salary reduction amounts or employer contributions or credits that are restricted by the employer to use for coverage described in paragraph (1)(B) shall not be taken into account under subparagraph (A)(i)(II).
(ii)Certain health reimbursement arrangementsAny reimbursements from a health reimbursement arrangement for coverage described in paragraph (1)(B) shall not be taken into account under subparagraph (A)(i)(III).
(iii)Qualified HSA distributions from FSA and HRA terminationsAny qualified HSA distribution (as defined in section 106(e)) shall not be taken into account under subparagraph (A)(i).
(C)TerminationCoverage shall not be treated as meeting the requirements of this paragraph for any taxable year beginning after December 31, 2012..
(c)Effective dateThe amendments made by this section shall apply to taxable years beginning after December 31, 2007.
3.Increase in annual HSA contribution limitation
(a)In generalParagraph (2) of section 223(b) (relating to monthly limitation) is amended—
(1)in subparagraph (A) by striking $2,250 and inserting $4,500, and
(2)in subparagraph (B) by striking $4,500 and inserting $9,000.
(b)Cost-of-living adjustmentSection 223(g)(1)(B)(i) is amended by striking calendar year 1997 and inserting calendar year 2007.
(c)Effective dateThe amendments made by this section shall apply to taxable years beginning after December 31, 2007.
4.Purchase of health insurance from HSA account
(a)In generalParagraph (2) of section 223(d) (defining qualified medical expenses) is amended—
(1)by striking subparagraphs (B) and (C),
(2)in subparagraph (A) by striking (A) In general.— and moving the text 2 ems to the left, and
(3)by inserting  and including payment for insurance) after section 213(d).
(b)Effective dateThe amendments made by this section shall apply with respect to insurance purchased after the date of the enactment of this Act in taxable years beginning after such date.
5.Special rule for certain medical expenses incurred before establishment of account
(a)In generalSubsection (d) of section 223, as amended by section 4, is amended by redesignating paragraph (4) as paragraph (5) and by inserting after paragraph (3) the following new paragraph:

(4)Certain medical expenses incurred before establishment of account treated as qualified
(A)In generalFor purposes of paragraph (2), an expense shall not fail to be treated as a qualified medical expense solely because such expense was incurred before the establishment of the health savings account if such expense was incurred during the 60-day period beginning on the date on which the high deductible health plan is first effective.
(B)Special rulesFor purposes of subparagraph (A)—
(i)an individual shall be treated as an eligible individual for any portion of a month for which the individual is described in subsection (c)(1), determined without regard to whether the individual is covered under a high deductible health plan on the 1st day of such month, and
(ii)the effective date of the health savings account is deemed to be the date on which the high deductible health plan is first effective after the date of the enactment of this paragraph.  .
(b)Effective dateThe amendment made by this section shall apply with respect to insurance purchased after the date of the enactment of this Act in taxable years beginning after such date.
6.Provisions relating to Medicare
(a)Individuals over age 65 only enrolled in Medicare Part ASection 223(b)(7) (relating to contribution limitation on Medicare eligible individuals) is amended by adding at the end the following new sentence: This paragraph shall not apply to any individual during any period the individual’s only entitlement to such benefits is an entitlement to hospital insurance benefits under part A of title XVIII of such Act pursuant to an enrollment for such hospital insurance benefits under section 226(a)(1) of such Act..
(b)Medicare beneficiaries participating in Medicare Advantage MSA may contribute their own money to their MSASubsection (b) of section 138 is amended by striking paragraph (2) and redesignating paragraphs (3) and (4) as paragraphs (2) and (3), respectively.
(c)Effective dateThe amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.
7.Individuals eligible for veterans benefits for a service-connected disability
(a)In generalSection 223(c)(1) (defining eligible individual) is amended by adding at the end the following new subparagraph:

(D)Special rule for individuals eligible for certain veterans benefitsFor purposes of subparagraph (A)(ii), an individual shall not be treated as covered under a health plan described in such subparagraph merely because the individual receives periodic hospital care or medical services for a service-connected disability under any law administered by the Secretary of Veterans Affairs but only if the individual is not eligible to receive such care or services for any condition other than a service-connected disability..
(b)Effective dateThe amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.
8.Allow both spouses to make catch-up contributions to the same HSA account
(a)In generalParagraph (3) of section 223(b) is amended by adding at the end the following new subparagraph:

(C)Special rule where both spouses are eligible individuals with 1 accountIf—
(i)an individual and the individual’s spouse have both attained age 55 before the close of the taxable year, and
(ii)the spouse is not an account beneficiary of a health savings account as of the close of such year,the additional contribution amount shall be 200 percent of the amount otherwise determined under subparagraph (B)..
(b)Effective dateThe amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.
9.FSA and HRA Termination to fund HSAs
(a)Grace period not requiredSection 106(e)(2) of the Internal Revenue Code of 1986 is amended by adding at the end the following new sentence: A distribution shall not fail to be treated as a qualified HSA distribution merely because the balance in such arrangement is determined without regard to the requirement that unused amounts remaining at the end of a plan year must be forfeited in the absence of a grace period..
(b)Deposit in limited FSA or HRA of funds in excess FSA or HRA termination distributionParagraph (1) of section 106(e) of such Code is amended by inserting before the period at the end thereof the following: and the deposit of funds in excess of a qualified HSA distribution amount into a health flexible spending account or health reimbursement arrangement which is compatible with a health savings account and which, on the date of such distribution, is a part of the employer’s plan.
(c)Disclaimer of disqualifying coverageSubparagraph (B) of section 223(c)(1) of such Code is amended by striking and at the end of clause (ii), by striking the period at the end of clause (iii) and inserting , and, and by inserting after clause (iii) the following new clause:

(iv)any coverage (whether actual or prospective) otherwise described in subparagraph (A)(ii) which is disclaimed at the time of the creation or organization of the health savings account..
(d)Effective dateThe amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.


114 HRES 927 IH: Expressing support for the designation of the third Wednesday of November as “Utility Scam Awareness Day”.
U.S. House of Representatives
2016-11-16
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.

IV114th CONGRESS2d SessionH. RES. 927IN THE HOUSE OF REPRESENTATIVESNovember 16, 2016Mr. Wenstrup (for himself and Mr. Ryan of Ohio) submitted the following resolution; which was referred to the Committee on Energy and CommerceRESOLUTIONExpressing support for the designation of the third Wednesday of November as Utility Scam Awareness Day.

 Whereas reliable electricity, natural gas, and water service is important to the health, safety, and well-being of all Americans;
 Whereas such utilities play a valuable role in supporting the economy and security of the United States;
 Whereas customers of such utilities continue to be victimized by scammers impersonating utility company officials;
 Whereas many scammers falsely threaten to disconnect utility services if same-day payment is not received;
 Whereas scammer tactics have become more sophisticated over the years, including leveraging spoofing technology to display a utility company’s name on a customer’s caller ID and using a recording of a company’s upfront telephone menu message;
 Whereas the utility industry is raising awareness of scammer tactics and working with local, State, and Federal law enforcement agencies to identify, and prosecute, the criminals perpetrating the scam;
 Whereas a national day to create awareness of scammers impersonating utility industry companies will help protect customers; and
 Whereas the third Wednesday of November would be an appropriate date to designate as Utility Scam Awareness Day: Now, therefore, be it  That the House of Representatives—
 (1)supports the designation of Utility Scam Awareness Day; (2)encourages the people of the United States to observe Utility Scam Awareness Day; and
 (3)encourages utilities to use this day to raise awareness and knowledge amongst themselves and the general public regarding the threat posed by scams against utility customers, and the techniques and tools used to identify and avoid them.


114 HR 5371 IH: Lowell National Historical Park Creative Partnerships Act
U.S. House of Representatives
2016-05-26
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.

I
114th CONGRESS
2d Session
H. R. 5371
IN THE HOUSE OF REPRESENTATIVES

May 26, 2016
Ms. Tsongas introduced the following bill; which was referred to the Committee on Natural Resources

A BILL
To revise repayment terms for certain loans made under the Lowell National Historical Park Historic Preservation Loan Program.

1.Short titleThis Act may be cited as the Lowell National Historical Park Creative Partnerships Act. 2.ReauthorizationSection 303(a)(1) of the Act entitled An act to provide for the establishment of the Lowell National Historical Park in the Commonwealth of Massachusetts, and for other purposes, approved June 5, 1978 (Public Law 95–290; 16 U.S.C. 410cc et seq.), is amended by inserting after thirty-five years the following: , except that any such loan made in 1984 shall have a maturity of forty-two years.


IB
One Hundred Eleventh Congress of the United States of America At the First SessionBegun and held at the City of Washington on Tuesday, the sixth day of January, two thousand and nine
H. R. 2498

AN ACT
To designate the Federal building located at 844 North Rush Street in Chicago, Illinois, as the William O. Lipinski Federal Building.

1.DesignationThe Federal building located at 844 North Rush Street in Chicago, Illinois, shall be known and designated as the William O. Lipinski Federal Building.
2.ReferencesAny reference in a law, map, regulation, document, paper, or other record of the United States to the Federal building referred to in section 1 shall be deemed to be a reference to the William O. Lipinski Federal Building.
 Speaker of the House of Representatives.Vice President of the United States and President of the Senate.


		I
		112th CONGRESS
		2d Session
		H. R. 5416
		IN THE HOUSE OF REPRESENTATIVES

			May 7, 2012
			Mr. Honda introduced
			 the following bill; which was referred to the
			 Committee on Ways and
			 Means

		A BILL
		To suspend temporarily the duty on parts and accessories
		  of microscopes other than optical.

		1.Parts and accessories of
			 microscopes other than optical
			(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:

								9902.01.00Parts and accessories of microscopes other than optical
						(provided for in subheading 9012.90.00) FreeNo
						changeNo changeOn or before 12/31/2015

					.
			(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 the enactment of this Act.


		II
		111th CONGRESS
		2d Session
		S. 3370
		IN THE SENATE OF THE UNITED
		  STATES

			May 13, 2010
			Mr. Akaka introduced the
			 following bill; which was read twice and referred to the
			 Committee on Veterans'
			 Affairs

		A BILL
		To amend title 38, United States Code, to
		  improve the process by which an individual files jointly for social security
		  and dependency and indemnity compensation, and for other
		  purposes.

		1.Improvement of process for filing jointly
			 for social security and dependency and indemnity compensationSection 5105 of title 38, United States
			 Code, is amended—
			(1)in subsection (a)—
				(A)by striking shall and
			 inserting may; and
				(B)by striking Each such form
			 and inserting Such forms; and
				(2)in subsection (b), by striking on
			 such a form and inserting on any form indicating an intent to
			 apply for survivor benefits.


IV
111th CONGRESS
2d Session
H. RES. 1190
In the House of Representatives, U. S.,

March 18, 2010

RESOLUTION
Providing for consideration of motions to suspend the rules.

That it shall be in order at any time through the calendar day of March 21, 2010, for the Speaker to entertain motions that the House suspend the rules. The Speaker or her designee shall consult with the Minority Leader or his designee on the designation of any matter for consideration pursuant to this resolution.

Lorraine C. Miller,Clerk.


114 HCON 116 IH: Condemning North Korea’s February 6, 2016, long-range rocket launch and North Korea’s February 9, 2016, restart of a plutonium reactor.
U.S. House of Representatives
2016-02-12
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.

		IV
		114th CONGRESS
		2d Session
		H. CON. RES. 116
		IN THE HOUSE OF REPRESENTATIVES

			February 12, 2016
			Mr. Ashford submitted the following concurrent resolution; which was referred to the Committee on Foreign Affairs

		CONCURRENT RESOLUTION
		Condemning North Korea’s February 6, 2016, long-range rocket launch and North Korea’s February 9,
			 2016, restart of a plutonium reactor.

 Whereas United Nations Security Council Resolution 1695 also required all Member States, in accordance with their national legal authorities and legislation and consistent with international law, to exercise vigilance and prevent missile and missile-related items, materials, goods, and technology being transferred to North Korea's missile or weapons of mass destruction (WMD) programmes, and to prevent the procurement of missiles or missile related-items, materials, goods, and technology from North Korea, and the transfer of any financial resources in relation to North Korea's missile or WMD programmes;
 Whereas United Nations Security Council Resolution 1718, adopted on October 14, 2006, decided that North Korea shall suspend all activities related to its ballistic missile programme and in this context re-establish its pre-existing commitments to a moratorium on missile launching;
 Whereas United Nations Security Council Resolution 1718 also imposed a ban on the sales of military equipment and luxury goods to North Korea as well as a ban on technology transfers;
 Whereas United Nations Security Council Resolution 1718 further required Member States to prevent the travel of North Korean officials connected to the ballistic missile or nuclear programs, the inspection of cargo from North Korea to assure it was not missile, WMD, or nuclear-related, and the immediate freezing of funds, other financial assets, and economic resources that support these illicit North Korean activities;
 Whereas United Nations Security Council Resolution 1874, adopted on June 12, 2009, called upon Member States to inspect, seize, and dispose of proscribed illicit North Korea items related to its missile, nuclear, and WMD programmes and to prevent the provision of financial services or the transfer to, through, or from their territory of any financial or other assets or resources that could contribute to North Korea's nuclear-related, ballistic missile-related, or other WMD-related programmes or activities, and by denying fuel or supplies to service the vessels carrying them;
 Whereas, on October 9, 2006, North Korea conducted an underground nuclear test in violation of previous United Nations Security Council resolutions;
 Whereas, on May 25, 2009, North Korea conducted an underground nuclear test in violation of previous United Nations Security Council resolutions;
 Whereas, on December 12, 2012, North Korea launched a three-stage, long-range missile in violation of previous United Nations Security Council resolutions;
 Whereas, on February 12, 2013, North Korea conducted an underground nuclear test in violation of previous United Nations Security Council resolutions;
 Whereas, on January 6, 2015, North Korea claimed to have detonated a hydrogen bomb in clear violation of previous United Nations Security Council resolutions;
 Whereas North Korea stated the purpose of testing this bomb was a claim of self-defense against the United States;
 Whereas scientific consensus doubts the validity of this claim because monitoring stations showed it not consistent with a test of hydrogen bomb;
 Whereas what is known is that North Korea has detonated a large-scale weapons systems in violation of the United Nations sanctions;
 Whereas North Korea’s most recent detonation of a large-scale weapon represents a clear violation of United Nations Security Council resolutions 825 (1993), 1540 (2004), 1695 (2006), 1718 (2006), and 1874 (2009), that North Korea continues to defy the United Nations, its Six-Party partners, and the international community, and that the Member States should immediately impose sanctions covered by these resolutions and censure North Korea;
 Whereas North Korea tested a nuclear bomb on January 6, 2016; Whereas the January 6, 2016, nuclear test was the fourth nuclear device North Korea has tested;
 Whereas United States Commanders of the North American Aerospace Defense Command determined North Korea has the ability to launch rockets that have a range to reach the United States, and that North Korea possesses the technology to launch a nuclear weapon from a rocket;
 Whereas the North Korea launch of a long-range rocket is a test of internationally banned missile technology;
 Whereas, on February 9, 2016, shortly after the February 6, 2016, rocket launch, North Korea restarted a plutonium rector which was shut down in 2007; and
 Whereas the United States Congress has condemned North Korea’s nuclear test on January 6, 2016: Now, therefore, be it

 That Congress condemns North Korea’s February 6, 2016, long-range rocket launch and North Korea’s February 9, 2016, restart of a plutonium reactor.


		II
		110th CONGRESS
		1st Session
		S. 1666
		IN THE SENATE OF THE UNITED STATES

			June 20, 2007
			Mr. Baucus (for himself
			 and Mr. Grassley) introduced the
			 following bill; which was read twice and referred to the
			 Committee on
			 Finance

		A BILL
		To amend title II of the Social Security Act to improve
		  the process for congressional consideration of international social security
		  agreements.

		1.Consideration of
			 International Social Security Agreements
			(a)In
			 generalSection 233(e) of the
			 Social Security Act (42 U.S.C. 433(e)) is amended—
				(1)in paragraph (2),
			 by striking effective the first place it appears and all that
			 follows through the period and inserting “effective—

						(A)if, and only if, an approval
				resolution regarding such agreement has passed both Houses of Congress and has
				been enacted into law in accordance with paragraph (3); and
						(B)on any date, provided in the
				agreement, that occurs after the enactment of such an approval
				resolution.
						;
				and
				(2)by adding at the
			 end the following:

						(3)(A)For purposes of
				paragraph (2), the term approval resolution means a joint
				resolution, the matter after the resolving clause of which is as follows:
				That the proposed agreement entered into pursuant to section 233 of the
				Social Security Act between the United States and _______ establishing an
				international social security agreement with respect to the social security
				system established by title II of such Act and the social security system of
				_______, transmitted to Congress by the President on ______, is hereby
				approved., the first 2 blanks therein being filled with the name of the
				country with which the United States entered into the agreement, and the 3rd
				blank therein being filled with the date of the transmittal of the agreement to
				Congress.
							(B)Whenever a document setting forth an
				agreement entered into under this section and the report required under
				paragraph (1) is transmitted to Congress, copies of such document and report
				shall be delivered to both Houses of Congress on the same day and shall be
				delivered to the Clerk of the House of Representatives if the House is not in
				session and to the Secretary of the Senate if the Senate is not in
				session.
							(C)On the day on which such document and
				report are transmitted to the House of Representatives and the Senate, an
				approval resolution with respect to such agreement shall be introduced (by
				request) in the House by the majority leader of the House, for himself or
				herself and the minority leader of the House, or by Members of the House
				designated by the majority leader and minority leader of the House; and shall
				be introduced (by request) in the Senate by the majority leader of the Senate,
				for himself or herself and the minority leader of the Senate, or by Members of
				the Senate designated by the majority leader and minority leader of the Senate.
				If either House is not in session on the day on which such an agreement is
				transmitted, the approval resolution with respect to such agreement shall be
				introduced in that House, as provided in the preceding sentence, on the first
				day thereafter on which that House is in session. The resolution introduced in
				the House of Representatives shall be referred to the Committee on Ways and
				Means and the resolution introduced in the Senate shall be referred to the
				Committee on
				Finance.
							.
				(b)Conforming
			 amendmentThe heading for section 233(e) of such Act (42 U.S.C.
			 433(e)) is amended by inserting Process for
			 Approval; after Reports to
			 Congress;.
			(c)Effective
			 dateThe amendments made by this section apply to international
			 social security agreements described in section 233 of the Social Security Act
			 (42 U.S.C. 433) that first take effect after January 1, 2007.


		I
		112th CONGRESS
		1st Session
		H. R. 3041
		IN THE HOUSE OF REPRESENTATIVES

			September 23, 2011
			Mr. Cooper (for
			 himself, Mr. Davis of Kentucky,
			 Mr. Paul, and
			 Mr. Smith of Texas) introduced the
			 following bill; which was referred to the Committee on the Judiciary

		A BILL
		To amend chapter 111 of title 28, United States Code, to
		  limit the duration of Federal consent decrees to which State and local
		  governments are a party, and for other purposes.

		1.Short titleThis Act may be cited as the
			 Federal Consent Decree Fairness
			 Act.
		2.FindingsCongress finds that the United States
			 Supreme Court, in its unanimous decision in Frew v. Hawkins, 540 U.S. 431
			 (2004), found the following:
			(1)Consent decrees may lead to federal
			 court oversight of state programs for long periods of time even absent an
			 ongoing violation of federal law,. 540 U.S. 431, 441.
			(2)If not
			 limited to reasonable and necessary implementations of federal law, remedies
			 outlined in consent decrees involving state officeholders may improperly
			 deprive future officials of their designated legislative and executive
			 powers.. 540 U.S. 431, 441.
			(3)The federal
			 court must exercise its equitable powers to ensure that when the objects of the
			 decree have been attained, responsibility for discharging the State’s
			 obligations is returned promptly to the State and its officials. . 540
			 U.S. 431, 442.
			(4)As public
			 servants, the officials of the State must be presumed to have a high degree of
			 competence in deciding how best to discharge their governmental
			 responsibilities.. 540 U.S. 431, 442.
			(5)A State, in
			 the ordinary course, depends upon successor officials, both appointed and
			 elected, to bring new insights and solutions to problems of allocating revenues
			 and resources. The basic obligations of federal law may remain the same, but
			 the precise manner of their discharge may not.. 540 U.S. 431,
			 442.
			3.Limitation on
			 consent decrees
			(a)In
			 generalChapter 111 of title 28, United States Code, is amended
			 by adding at the end the following:

					1660.Consent
				decrees
						(a)DefinitionIn
				this section, the term consent decree—
							(1)means any order imposing injunctive or
				other prospective relief against a State or local government, or a State or
				local official against whom suit is brought, that is entered by a court of the
				United States and is based in whole or part upon the consent or acquiescence of
				the parties; and
							(2)does not
				include—
								(A)any private
				settlement agreement;
								(B)any order arising
				from an action filed against a government official that is unrelated to his or
				her official duties;
								(C)any order entered
				by a court of the United States to implement a plan to end segregation of
				students or faculty on the basis of race, color, or national origin in
				elementary schools, secondary schools, or institutions of higher education;
				and
								(D)any order entered
				in any action in which one State is an adverse party to another State.
								(b)Limitation on
				duration
							(1)In
				generalA State or local government, or a State or local official
				who is a party to a consent decree (or the successor to that individual) may
				file a motion under this section with the court that entered the consent decree
				to modify or terminate the consent decree upon the earliest of—
								(A)4 years after the
				consent decree is originally entered by a court of the United States,
				regardless of whether the consent decree has been modified or reentered during
				that period;
								(B)in the case of a
				civil action in which a State or an elected State official is a party, the date
				of expiration of the term of office of the highest elected State official who
				is a party to the consent decree;
								(C)in the case of a
				civil action in which a local government or elected local government official
				is a party, the date of expiration of the term of office of the highest elected
				local government official who is a party to the consent decree;
								(D)in the case of a
				civil action in which the consent to the consent decree was authorized by an
				appointed State or local official, the date of expiration of the term of office
				of the elected official who appointed that State or local official, or the
				highest elected official in that State or local government; or
								(E)the date otherwise
				provided by law.
								(2)Burden of
				proof
								(A)In
				generalWith respect to any motion filed under paragraph (1), the
				burden of proof shall be on the party who originally filed the civil action to
				demonstrate that the denial of the motion to modify or terminate the consent
				decree or any part of the consent decree is necessary to prevent the violation
				of a requirement of Federal law that—
									(i)was actionable by
				such party; and
									(ii)was addressed in
				the consent decree.
									(B)Failure to meet
				burden of proofIf a party fails to meet the burden of proof
				described in subparagraph (A), the court shall terminate the consent
				decree.
								(C)Satisfaction of
				burden of proofIf a party meets the burden of proof described in
				subparagraph (A), the court shall ensure that any remaining provisions of the
				consent decree represent the least restrictive means by which to prevent such a
				violation.
								(3)Ruling on
				motion
								(A)In
				generalThe court shall rule expeditiously on a motion filed
				under this subsection.
								(B)Scheduling
				orderNot later than 30 days after the filing of a motion under
				this subsection, the court shall enter a scheduling order that—
									(i)limits the time of
				the parties to—
										(I)file motions;
				and
										(II)complete any
				required discovery; and
										(ii)sets the date or
				dates of any hearings determined necessary.
									(C)Stay of
				injunctive or prospective reliefIn addition to any other orders
				authorized by law, the court may stay the injunctive or prospective relief set
				forth in the consent decree in an action under this subsection if a party
				opposing the motion to modify or terminate the consent decree seeks any
				continuance or delay that prevents the court from entering a final ruling on
				the motion within 180 days after the date on which the motion is filed.
								(c)Other Federal
				court remediesThe provisions of this section shall not be
				interpreted to prohibit a Federal court from entering a new order for
				injunctive or prospective relief to the extent that it is otherwise authorized
				by Federal law.
						(d)Available State
				court remediesThe provisions of this section shall not prohibit
				the parties to a consent decree from seeking appropriate relief under State
				law.
						.
			(b)Conforming
			 amendmentThe table of sections for chapter 111 of title 28,
			 United States Code, is amended by adding at the end the following:

						1660. Consent
				decrees.

					.
			4.General
			 Principles
			(a)No effect on
			 other laws relating to modifying or vacating consent
			 decreesNothing in the amendments made by section 3 shall be
			 construed to preempt or modify any other provision of law providing for the
			 modification or vacating of a consent decree.
			(b)Further
			 proceedings not requiredNothing in the amendments made by
			 section 3 shall be construed to affect or require further judicial proceedings
			 relating to prior adjudications of liability or class certifications.
			5.DefinitionIn this Act, the term consent
			 decree has the meaning given that term in section 1660(a) of title 28,
			 United States Code, as added by section 3 of this Act.
		6.Effective
			 dateThis Act and the
			 amendments made by this Act shall take effect on the date of the enactment of
			 this Act and apply to any consent decree regardless of—
			(1)the date on which
			 the order of the consent decree is entered; or
			(2)whether any relief
			 has been obtained under the consent decree before such date of
			 enactment.


		IB
		Union Calendar No. 20
		111th CONGRESS
		1st Session
		H. R. 1575
		[Report No.
		  111–50]
		IN THE HOUSE OF
		  REPRESENTATIVES

			March 17, 2009
			Mr. Conyers (for
			 himself, Mr. Cohen,
			 Mr. Nadler of New York,
			 Mr. Delahunt,
			 Mr. Johnson of Georgia,
			 Mr. Pierluisi,
			 Ms. Fudge, and
			 Mr. Tonko) introduced the following
			 bill; which was referred to the Committee
			 on the Judiciary

			March 24, 2009
			Additional sponsors: Ms.
			 Wasserman Schultz, Mr.
			 Boswell, Mr. Baca,
			 Ms. Jackson-Lee of Texas,
			 Ms. Eshoo,
			 Ms. Hirono, and
			 Mr. Sherman

			March 24, 2009
			Committed to the Committee of the Whole House on the State
			 of the Union and ordered to be printed

		A BILL
		To authorize the Attorney General to limit
		  or recover excessive compensation paid or payable by entities that have
		  received Federal financial assistance on or after September 1,
		  2008.

		1.Short titleThis Act may be cited as the
			 End Government Reimbursement of
			 Excessive Executive Disbursements (End GREED) Act.
		2.Statement of
			 authorityCongress hereby
			 elects to use its authority under article I, section 8, clause 4, and article
			 I, section 8, clause 18, of the Constitution—
			(1)to establish a
			 uniform law on bankruptcy that applies to entities that have received
			 extraordinary financial assistance from the United States on or after September
			 1, 2008, and
			(2)to authorize the Attorney General of the
			 United States (hereinafter in this Act referred to as the Attorney General),
			 after consultation with the Secretary of the Treasury (hereinafter in this Act
			 referred to as the Secretary)—
				(A)to seek recovery
			 of previous excessive payments of compensation made by such entities after
			 receiving such assistance, and
				(B)to limit excessive
			 payments of compensation to be made by such entities.
				3.Recovery of
			 excessive compensation
			(a)Review of
			 contracts and paymentsThe
			 Attorney General, after consultation with the Secretary, on behalf of the
			 Government may review any employment contract made by a recipient entity, and
			 any payment made on or after September 1, 2008, by a recipient entity to an
			 employee.
			(b)Civil action for
			 fraudulent transferThe
			 Attorney General may commence a civil action in an appropriate district court
			 of the United States to avoid any payment made by a recipient entity to an
			 employee (including a payment under an employment contract) that was made on or
			 after September 1, 2008, if such entity received less than a reasonably
			 equivalent value in exchange for such payment and such entity—
				(1)was insolvent on
			 the date that such payment was made, not taking into account any—
					(A)line of credit,
					(B)loan, or
					(C)payment in
			 exchange for stock of such entity,
					received by
			 such entity from the United States on or after September 1, 2008, or(2)was engaged in
			 business or a transaction, or was about to engage in business or a transaction,
			 for which property remaining in the recipient entity was an unreasonably small
			 capital.
				For
			 purposes of this subsection, the Attorney General may avoid any transfer of an
			 interest of a recipient entity in property, or any obligation incurred by such
			 entity, that is avoidable under applicable law by a creditor holding an
			 unsecured claim against such entity.(c)Civil action To
			 avoid contractual obligations To pay excessive compensationThe Attorney General may commence a civil
			 action in an appropriate district court of the United States to limit the
			 amount of the compensation paid or payable on or after the date of the
			 enactment of this Act by a recipient entity under an employment contract if
			 such compensation is greater than an amount equal to 10 times the amount of the
			 mean amount of compensation paid or payable to nonmanagement employees of such
			 entity for any purpose during the calendar year in which compensation was paid
			 or payable by such entity.
			4.Subpoena
			 authorityThe Attorney General
			 is authorized to issue a subpoena requiring the attendance and testimony of
			 witnesses and the production of documentary evidence relating to any matter
			 relevant to the implementation of this Act, including the circumstances
			 surrounding any employment contract or payment of compensation, which subpoena,
			 in the case of contumacy or refusal to obey, shall be enforceable by order of
			 an appropriate district court of the United States.
		5.Rule of
			 constructionOther than
			 limiting compensation paid or payable under employment contracts or providing
			 for the recovery of previously paid compensation, nothing in this Act shall be
			 construed to have any impact on a recipient entity, its financial status, or
			 the financial status of its creditors.
		6.DefinitionsFor purposes of this Act—
			(1)the term employment contract
			 means an employment contract that provides for the payment of compensation
			 (including performance or incentive compensation, a bonus of any kind, or any
			 other financial return designed to replace or enhance incentive, stock, or
			 other compensation), and
			(2)the term recipient entity
			 means a person (including any subsidiary of such person) that receives, during
			 any period beginning on or after September 1, 2008, from the United
			 States—
				(A)a line of credit or a loan,
				(B)a payment in
			 exchange for stock of such person (or such subsidiary), or
				(C)any combination of
			 credit, loans, or payments,
				that exceeds
			 $10,000,000,000 in the aggregate.

		March 24, 2009
		Committed to the Committee of the Whole House on the State
		  of the Union and ordered to be printed


114 HRES 503 EH:
U.S. House of Representatives
2015-10-29
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.

IV
114th CONGRESS
1st Session
H. RES. 503
In the House of Representatives, U. S.,

October 29, 2015

RESOLUTION

That the Clerk be instructed to inform the President of the United States that the House of Representatives has elected Paul D. Ryan, a Representative from the State of Wisconsin as Speaker of the House of Representatives of the One Hundred Fourteenth Congress.  Karen L. Haas,Clerk.


115 HRES 120 IH: Expressing the sense of the House of Representatives with regard to the courts' actions against President Trump's Executive order.
U.S. House of Representatives
2017-02-13
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.

IV115th CONGRESS1st SessionH. RES. 120IN THE HOUSE OF REPRESENTATIVESFebruary 13, 2017Mr. King of Iowa submitted the following resolution; which was referred to the Committee on the JudiciaryRESOLUTIONExpressing the sense of the House of Representatives with regard to the courts' actions against
			 President Trump's
			 Executive order.

 That it is the sense of the House of Representatives that— (1)Judge James L. Robart of the Western District of Washington ignored the Constitution, Federal law and court precedent in issuing a temporary restraining order against President Trump’s Executive order entitled Protecting the Nation from Foreign Terrorist Entry into the United States; and
 (2)the United States Court of Appeals for the Ninth Circuit erred in failing to reverse Judge Robart’s erroneous temporary restraining order.


115 SRES 384 IS: Congratulating the Republic of Korea for hosting the 2018 Winter Olympic Games and supporting the alliance between the United States and the Republic of Korea.
U.S. Senate
2018-01-29
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.

		III
		115th CONGRESS
		2d Session
		S. RES. 384
		IN THE SENATE OF THE UNITED STATES

			January 29, 2018
			Mr. Gardner (for himself, Mr. Markey, Mr. Rubio, Mr. Merkley, Mr. Barrasso, Mr. Isakson, Mr. Cornyn, Mr. Cassidy, Mr. Young, Mr. Hoeven, Mr. Boozman, Mr. Johnson, Ms. Duckworth, Ms. Warren, Mrs. Feinstein, Ms. Hirono, Mr. Hatch, Mr. Coons, Ms. Baldwin, Mr. Reed, and Mr. Wicker) submitted the following resolution; which was referred to the Committee on Foreign Relations

		RESOLUTION
		Congratulating the Republic of Korea for hosting the 2018 Winter Olympic Games and supporting the
			 alliance between the United States and the Republic of Korea.

 Whereas the 23rd Olympic Winter Games (referred to in this preamble as Olympic Winter Games PyeongChang 2018) will be held from February 9 to February 25, 2018, in PyeongChang, Gangwon Province in the Republic of Korea;
 Whereas the Olympic Winter Games PyeongChang 2018 represents the second Olympic Games hosted by the Republic of Korea;
 Whereas the Republic of Korea hosted the Olympic Games for the first time in Seoul in the summer of 1988;
 Whereas the Olympic Winter Games PyeongChang 2018 will feature— (1)102 events across 15 disciplines; and
 (2)the participation of 93 National Olympic Committee teams; Whereas the United States Olympic Team is expected to comprise approximately 240 athletes competing across all 15 disciplines;
 Whereas the United States Olympic Committee is headquartered in Colorado Springs, Colorado; Whereas the Republic of Korea will also host in PyeongChang the 12th Paralympic Games from March 9 to March 18, 2018 that will feature—
 (1)80 events across 6 disciplines; and (2)the participation of approximately 42 National Olympic Committee teams;
 Whereas the theme of the Olympic Winter Games PyeongChang 2018 is “Passion. Connected.” and refers to the vision of the Republic of Korea of a world in which everyone is connected through a shared passion for winter sports;
 Whereas, on November 13, 2017, the United Nations General Assembly adopted by consensus a resolution entitled “Building a peaceful and better world through sport and the Olympic ideal”;
 Whereas that resolution expresses the expectation of the United Nations General Assembly that “PyeongChang 2018 will be a meaningful opportunity to foster an atmosphere of peace, development, tolerance, and understanding on the Korean Peninsula and in Northeast Asia”;
 Whereas, on January 4, 2018, President Donald J. Trump and President Moon Jae-In of the Republic of Korea discussed recent developments on the Korean Peninsula and agreed that “the United States and the Republic of Korea are committed to a safe and successful 2018 Winter Olympic Games in PyeongChang”;
 Whereas President Trump conveyed to President Moon that “the United States will send a high-level delegation to the Olympics,” which will be led by Vice President Michael R. Pence and Second Lady Karen Pence;
 Whereas President Trump and President Moon further agreed to “de-conflict the Olympics and our military exercises so that United States and Republic of Korea forces can focus on ensuring the security of the Games”;
 Whereas the Republic of Korea and the Democratic People’s Republic of Korea (referred to in this preamble as DPRK) recently reopened a telephone hotline “to normalize the Panmunjom communications channel” at the Joint Security Area located in the Demilitarized Zone;
 Whereas, on January 9, 2018, representatives of the Republic of Korea and the DPRK held the first official talks in more than 2 years with the aim of discussing cooperation during the Olympic Winter Games PyeongChang 2018;
 Whereas the DPRK has indicated that it plans to participate in the Olympic Winter Games PyeongChang 2018;
 Whereas the DPRK is currently in violation of United Nations Security Council Resolutions 1718 (2006), 1874 (2009), 2087 (2013), 2094 (2013), 2270 (2016), 2321 (2016), 2371 (2017), 2375 (2017), and 2397 (2017) that—
 (1)condemn the illicit nuclear and ballistic missile programs of the DPRK; and (2)impose economic sanctions against the DPRK and entities that enable the DPRK; and
 Whereas the DPRK engages in gross human rights abuses against the citizens of the DPRK and the citizens of other countries, including the United States and the Republic of Korea: Now, therefore, be it

 That the Senate— (1)reaffirms the strong and unwavering commitment of the United States to an ally, the Republic of Korea, to support, participate in, and help ensure the safety and security of the 23rd Olympic Winter Games (referred to in this resolving clause as Olympic Winter Games PyeongChang 2018);
 (2)recognizes the importance of the Olympic Winter Games PyeongChang 2018 as a leading international sporting event of genuine sportsmanship and fair play that can contribute to peace and prosperity on the Korean Peninsula, in Northeast Asia, and around the world;
 (3)reaffirms that the United States, the Republic of Korea, and other partners remain committed to pursuing the policy of “maximum pressure and engagement” toward the Democratic People’s Republic of Korea (referred to in this resolving clause as DPRK), including by fully abiding by the letter and spirit of the resolutions of the United Nations Security Council;
 (4)expresses hope that the Olympic Winter Games PyeongChang 2018 will contribute to the decision by the DPRK to engage in negotiations that will result in complete, verifiable, and irreversible denuclearization of the Korean Peninsula; and
 (5)wishes every success in preparing and hosting the Olympic Winter Games PyeongChang 2018 to the government and people of the Republic of Korea and the PyeongChang Organizing Committee for the 2018 Olympic and Paralympic Winter Games.


110 HRES 1104 IH: Congratulating California Secretary of

U.S. House of Representatives
2008-04-14
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.

		IV
		110th CONGRESS
		2d Session
		H. RES. 1104
		IN THE HOUSE OF REPRESENTATIVES

			April 14, 2008
			Ms. Zoe Lofgren of
			 California (for herself and Ms.
			 Sutton) submitted the following resolution; which was referred to
			 the Committee on House
			 Administration

		RESOLUTION
		Congratulating California Secretary of
		  State Debra Bowen and Ohio Secretary of State Jennifer Brunner, recipients of
		  the 2008 John F. Kennedy Profile in Courage Award.

		Whereas Secretaries of State Debra Bowen and Jennifer
			 Brunner have each demonstrated extraordinary leadership in working to ensure
			 that voting systems provide both a full and accurate count of the vote;
		Whereas Secretary Bowen ordered and independent review of
			 the new voting technologies to ensure they adequately protected the integrity
			 of the vote;
		Whereas Secretary Bowen limited the use of
			 direct-recording electronic voting machines and imposed security and auditing
			 requirements on systems used in California’s February 5 presidential primary
			 election when the study revealed significant flaws in the voting
			 systems;
		Whereas Secretary Brunner ordered paper ballots be
			 provided to any voter who requested on during Ohio’s March 2008 presidential
			 primary; and
		Whereas Secretary Brunner called for the replacement of
			 all the State’s electronic voting systems with paper ballots and optical scan
			 technology as a result of a series of voting irregularities in the State: Now,
			 therefore, be it

		That the House of
			 Representatives—
			(1)commends
			 Secretaries of State Debra Bowen of California and Jennifer Brunner of Ohio for
			 their efforts to ensure the integrity of the voting process; and
			(2)congratulates
			 Secretaries Bowen and Brunner for being named recipients of the 2008 John F.
			 Kennedy Profile in Courage Award.


109 HR 2820 IH: To suspend temporarily the duty on certain volleyballs.
U.S. House of Representatives
2005-06-08
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. 2820
IN THE HOUSE OF REPRESENTATIVES

June 8, 2005
Mr. Neal of Massachusetts introduced the following bill; which was referred to the Committee on Ways and Means

A BILL
To suspend temporarily the duty on certain volleyballs.

1.Certain volleyballs
(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:

9902.95.10 Volleyballs (provided for in subheading 9506.62.80)FreeFreeNo changeOn or before 12/31/2009.
(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 the enactment of this Act.


117 HR 4759 IH: Revitalizing Downtowns Act
U.S. House of Representatives
2021-07-28
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.

I117th CONGRESS1st SessionH. R. 4759IN THE HOUSE OF REPRESENTATIVESJuly 28, 2021Mr. Gomez (for himself, Mr. Larson of Connecticut, and Mr. Kildee) introduced the following bill; which was referred to the Committee on Ways and MeansA BILLTo amend the Internal Revenue Code of 1986 to provide an investment credit for the conversion of office buildings into other uses.1.Short titleThis Act may be cited as the Revitalizing Downtowns Act.2.Credit for qualified office conversion(a)In generalSection 46 of the Internal Revenue Code of 1986 is amended by striking and at the end of paragraph (5), by striking the period at the end of paragraph (6) and inserting , and, and by adding at the end the following new paragraph:(7)the qualified office conversion credit..(b)Amount of creditSubpart E of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 48C the following new section:48D.Qualified office conversion credit(a)In generalFor purposes of section 46, the qualified office conversion credit for any taxable year is equal to 20 percent of the qualified conversion expenditures with respect to a qualified converted building.(b)When expenditures taken into account(1)In generalQualified conversion expenditures with respect to any qualified converted building shall be taken into account for the taxable year in which such qualified converted building is placed in service.(2)Coordination with subsection (d)The amount which would (but for this subparagraph) be taken into account under subparagraph (A) with respect to any qualified converted building shall be reduced (but not below zero) by any amount of qualified conversion expenditures taken into account under subsection (d) by the taxpayer or a predecessor of the taxpayer (or, in the case of a sale and leaseback described in section 50(a)(2)(C), by the lessee), to the extent any amount so taken into account has not been required to be recaptured under section 50(a). (c)Definitions(1)Qualified converted building(A)In generalThe term qualified converted building means any building (and its structural components) if—(i)prior to conversion, such building was nonresidential real property (as defined in section 168) which was leased, or available for lease, to office tenants,(ii)such building has been substantially converted from an office use to a residential, retail, or other commercial use,(iii)in the case of conversion to a residential use, such converted building meets the requirements of subparagraph (D), (iv)such building was initially placed in service at least 25 years before the beginning of the conversion, and(v)depreciation (or amortization in lieu of depreciation) is allowable with respect to such building.(B)Substantially converted defined(i)In generalFor purposes of paragraph (1)(A)(ii), a building shall be treated as having been substantially converted only if the qualified conversion expenditures during the 24-month period selected by the taxpayer (at the time and in the manner prescribed by regulation) and ending with or within the taxable year exceed the greater of—(I)the adjusted basis of such building (and its structural components), or(II)$15,000.The adjusted basis of the building (and its structural components) shall be determined as of the beginning of the 1st day of such 24-month period, or of the holding period of the building, whichever is later. For purposes of the preceding sentence, the determination of the beginning of the holding period shall be made without regard to any reconstruction by the taxpayer in connection with the conversion. (ii)Special rule for phased conversionIn the case of any conversion which may reasonably be expected to be completed in phases set forth in architectural plans and specifications completed before the conversion begins, clause (i) shall be applied by substituting 60-month period for 24-month period.(iii)LesseesThe Secretary shall prescribe by regulation rules for applying this subparagraph to lessees.(C)ReconstructionConversion includes reconstruction.(D)Residential conversion requirements(i)In generalA building meets the requirements of this subparagraph if—(I)20 percent or more of the residential units are both rent-restricted and occupied by individuals whose income is 80 percent or less of area median gross income, or(II)such building is subject to a written binding State or local agreement with respect to the provision or financing of affordable housing and such agreement is documented in such form and manner as the Secretary may provide.(ii)Rent and income limitationFor purposes of this subparagraph, rules similar to the rules of subsection (g) of section 42 shall apply to determine whether a unit is rent-restricted, treatment of units occupied by individuals whose incomes rise above the limit, and the treatment of units where Federal rental assistance is reduced as tenant’s income increases. (2)Qualified conversion expenditures defined(A)In generalFor purposes of subsection (a), the term qualified conversion expenditures means any amount properly chargeable to capital account—(i)for property for which depreciation is allowable under section 168 and which is—(I)nonresidential real property (as defined in section 168),(II)residential rental property (as defined in section 168), or(III)an addition or improvement to property described in clause (i) or (ii), and(ii)in connection with the conversion of a qualified converted building.(B)Certain expenditures not includedThe term qualified conversion expenditures does not include—(i)Straight line depreciation must be usedAny expenditure with respect to which the taxpayer does not use the straight line method over a recovery period determined under subsection (c) or (g) of section 168. The preceding sentence shall not apply to any expenditure to the extent the alternative depreciation system of section 168(g) applies to such expenditure by reason of subparagraph (B) or (C) of section 168(g)(1).(ii)Cost of acquisitionThe cost of acquiring any building or interest therein.(iii)EnlargementsAny expenditure attributable to the enlargement of an existing building.(iv)Tax-exempt use propertyAny expenditure in connection with the conversion of a building which is allocable to the portion of such property which is (or may reasonably be expected to be) tax-exempt use property (within the meaning of section 168(h)), except that—(I)50 percent shall be substituted for 35 percent in paragraph (1)(B)(iii) thereof, and(II)an eligible educational institution (as defined in section 529(e)(5)) shall not be treated as a tax-exempt entity.This clause shall not apply for purposes of determining whether a building has been substantially converted. (v)Expenditures of lesseeAny expenditure of a lessee of a building if, on the date the conversion is completed, the remaining term of the lease (determined without regard to any renewal periods) is less than the recovery period determined under section 168(c).(d)Progress expenditures(1)In generalIn the case of any building to which this subsection applies, except as provided in paragraph (3)—(A)if such building is self-converted property, any qualified conversion expenditure with respect to such building shall be taken into account for the taxable year for which such expenditure is properly chargeable to capital account with respect to such building, and(B)if such building is not self-converted property, any qualified conversion expenditure with respect to such building shall be taken into account for the taxable year in which paid.(2)Property to which subsection applies(A)In generalThis subsection shall apply to any building which is being converted by or for the taxpayer if—(i)the normal conversion period for such building is 2 years or more, and(ii)it is reasonable to expect that such building will be a qualified converted building in the hands of the taxpayer when it is placed in service.Clauses (i) and (ii) shall be applied on the basis of facts known as of the close of the taxable year of the taxpayer in which the conversion begins (or, if later, at the close of the first taxable year to which an election under this subsection applies). (B)Normal conversion periodFor purposes of subparagraph (A), the term normal conversion period means the period reasonably expected to be required for the conversion of the building—(i)beginning with the date on which physical work on the conversion begins (or, if later, the first day of the first taxable year to which an election under this subsection applies), and(ii)ending on the date on which it is expected that the property will be available for placing in service.(3)Special rules for applying paragraph (1)For purposes of paragraph (1)—(A)Component parts, etcProperty which is to be a component part of, or is otherwise to be included in, any building to which this subsection applies shall be taken into account—(i)at a time not earlier than the time at which it becomes irrevocably devoted to use in the building, and(ii)as if (at the time referred to in clause (i)) the taxpayer had expended an amount equal to that portion of the cost to the taxpayer of such component or other property which, for purposes of this subpart, is properly chargeable (during such taxable year) to capital account with respect to such building.(B)Certain borrowing disregardedAny amount borrowed directly or indirectly by the taxpayer from the person converting the property for him shall not be treated as an amount expended for such conversion.(C)Limitation for buildings which are not self-converted(i)In generalIn the case of a building which is not self-converted, the amount taken into account under paragraph (1)(B) for any taxable year shall not exceed the amount which represents the portion of the overall cost to the taxpayer of the conversion which is properly attributable to the portion of the conversion which is completed during such taxable year.(ii)Carryover of certain amountsIn the case of a building which is not a self-converted building, if for the taxable year—(I)the amount which (but for clause (i)) would have been taken into account under paragraph (1)(B) exceeds the limitation of clause (i), then the amount of such excess shall be taken into account under paragraph (1)(B) for the succeeding taxable year, or(II)the limitation of clause (i) exceeds the amount taken into account under paragraph (1)(B), then the amount of such excess shall increase the limitation of clause (i) for the succeeding taxable year.(D)Determination of percentage of completionThe determination under subparagraph (C)(i) of the portion of the overall cost to the taxpayer of the conversion which is properly attributable to conversion completed during any taxable year shall be made, under regulations prescribed by the Secretary, on the basis of engineering or architectural estimates or on the basis of cost accounting records. Unless the taxpayer establishes otherwise by clear and convincing evidence, the conversion shall be deemed to be completed not more rapidly than ratably over the normal conversion period.(E)No progress expenditures for certain prior periodsNo qualified conversion expenditures shall be taken into account under this subsection for any period before the first day of the first taxable year to which an election under this subsection applies.(F)No progress expenditures for property for year it is placed in service, etcIn the case of any building, no qualified conversion expenditures shall be taken into account under this subsection for the earlier of—(i)the taxable year in which the building is placed in service, or(ii)the first taxable year for which recapture is required under section 50(a)(2) with respect to such property,or for any taxable year thereafter. (4)Self-converted buildingFor purposes of this subsection, the term self-converted building means any building if it is reasonable to believe that more than half of the qualified conversion expenditures for such building will be made directly by the taxpayer.(5)ElectionThis subsection shall apply to any taxpayer only if such taxpayer has made an election under this paragraph. Such an election shall apply to the taxable year for which made and all subsequent taxable years. Such an election, once made, may be revoked only with the consent of the Secretary.(e)Denial of double benefitA credit shall not be allowed under this section for any qualified conversion expenditure for which a credit is allowed under section 42 or 47..(c)Conforming amendments(1)Section 49(a)(1)(C) of the Internal Revenue Code of 1986 is amended by striking and at the end of clause (iv), by striking the period at the end of clause (v) and inserting , and, and by adding after clause (v) the following new clause:(vi)the portion of the basis of any qualified converted property attributable to qualified conversion expenditures under section 48D..(2)Section 50(a)(2)(E) of such Code is amended by striking or 48C(b)(2) and inserting 48C(b)(2), or 48D(d).(3)Section 50(b)(2) of such Code is amended by striking and at the end of subparagraph (C), by striking the period at the end of subparagraph (D) and inserting ; and, and by adding after subparagraph (D) the following new subparagraph:(E)a qualified converted building to the extent of that portion of the basis which is attributable to qualified conversion expenditures..(4)Section 50(b)(3) is amended by inserting , or, solely with respect to the qualified office conversion credit, an eligible educational institution (as defined in section 529(e)(5)) after section 521.(5)The table of sections for subpart E of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 48C the following new item:Sec. 48D. Qualified office conversion credit..(d)Effective dateThe amendments made by this section shall apply to qualified conversion expenditures incurred after the date of enactment in taxable years ending after such date.


		II
		111th CONGRESS
		1st Session
		S. 1142
		IN THE SENATE OF THE UNITED
		  STATES

			May 21, 2009
			Mr. Reed (for himself
			 and Ms. Mikulski) introduced the
			 following bill; which was read twice and referred to the
			 Committee on Health, Education, Labor,
			 and Pensions

		A BILL
		To amend the Federal Food, Drug, and
		  Cosmetic Act with respect to inclusion of effectiveness information in drug and
		  device labeling and advertising.

		1.Short titleThis Act may be cited as the
			 Informed Health Care Decision Making
			 Act.
		2.FindingsCongress finds the following:
			(1)National randomized controlled trials have
			 found that replacing the brief summary of drug advertisements with a drug facts
			 box improved consumer knowledge and judgments. In such trials, consumers who
			 were presented with a drug facts box more accurately perceived the side effects
			 and benefits of a drug, and were more than twice as likely to choose the
			 superior drug.
			(2)(A)In 2007, the Institute of Medicine
			 conducted a workshop that highlighted that the public has a limited
			 understanding of the benefits and risks of drugs. The workshop also highlighted
			 that it is important to—
					(i)provide patients and physicians with the
			 best possible information for making informed decisions about the use of
			 pharmaceuticals;
					(ii)employ quantitative and standardized
			 approaches when trying to evaluate pharmaceutical benefit-risk; and
					(iii)develop and validate improved tools for
			 communicating pharmaceutical benefit-risk information to patients and
			 physicians.
					(B)The general agreement of the workshop was
			 that the Food and Drug Administration should pilot test a drug facts
			 box.
				(3)On February 27, 2009, the Food and Drug
			 Administration's Risk Communication Advisory Committee made the following
			 unanimous recommendations:
				(A)The Food and Drug Administration should
			 adopt a single standard document for communicating essential information about
			 pharmaceuticals.
				(B)That standard document should include
			 quantitative summaries of risks and benefits, along with use and precaution
			 information.
				(C)The Food and Drug Administration should
			 adopt the drug facts box format as its standard.
				3.Presentation of drug benefit and risk
			 information
			(a)In generalThe Secretary of Health and Human Services
			 (referred to in this Act as the Secretary), acting through the
			 Commissioner of Food and Drugs, shall determine whether standardized,
			 quantitative summaries of the benefits and risks of drugs in a tabular or drug
			 facts box format, or any alternative format, in the labeling and print
			 advertising of such drugs would improve health care decisionmaking by
			 clinicians and patients and consumers.
			(b)Review and consultationIn making the determination under
			 subsection (a), the Secretary shall review all available scientific evidence
			 and consult with drug manufacturers, clinicians, patients and consumers,
			 experts in health literacy, and representatives of racial and ethnic
			 minorities.
			(c)ReportNot later than 1 year after the date of
			 enactment of this Act, the Secretary shall submit to the Congress a report that
			 provides—
				(1)the determination by the Secretary under
			 subsection (a); and
				(2)the reasoning and analysis underlying that
			 determination.
				(d)Authority
				(1)In generalIf the Secretary determines under
			 subsection (a) that standardized, quantitative summaries of the benefits and
			 risks of drugs in a tabular or drug facts box format, or any alternative
			 format, in the labeling and print advertising of such drugs would improve
			 health care decisionmaking by clinicians and patients and consumers, then the
			 Secretary, not later than 1 year after the date of submission of the report
			 under subsection (c), shall promulgate regulations as necessary to implement
			 such format.
				(2)Objective and up-to-date
			 informationIn carrying out
			 paragraph (1), the Secretary shall ensure that the information presented in a
			 summary described under such paragraph is objective and up-to-date, and is the
			 result of a review process that considers the totality of published and
			 unpublished data.
				(3)Posting of informationIn carrying out paragraph (1), the
			 Secretary shall post the information presented in a summary described under
			 such paragraph on the Internet Web site of the Food and Drug
			 Administration.
				4.Standards for comparative clinical
			 effectiveness information
			(a)In generalThe Secretary, acting through the
			 Commissioner of Food and Drugs, shall establish and periodically update
			 methodological standards and criteria for the sources of evidence and the
			 adequacy and degree of evidence that are appropriate for inclusion of
			 comparative clinical effectiveness information in labeling and advertisements
			 under subsections (f), (n)(3), and (r) of section 502 of the Federal Food,
			 Drug, and Cosmetic Act (as amended by section 5).
			(b)RequirementsThe standards and criteria established
			 under subsection (a) shall ensure that comparative clinical effectiveness
			 information provides reliable and useful information that improves health care
			 decisionmaking, adheres to rigorous scientific standards, and is produced
			 through a transparent process that includes consultation with
			 stakeholders.
			(c)ConsultationIn carrying out subsection (a), the
			 Secretary shall consult with manufacturers of drugs and devices, clinicians,
			 patients and consumers, experts in health literacy, and representatives of
			 racial and ethnic minorities.
			(d)DefinitionFor purposes of this section, the term
			 comparative clinical effectiveness means the clinical outcomes,
			 effectiveness, safety, and clinical appropriateness of a drug or device in
			 comparison to 1 or more drugs or devices, respectively, approved to prevent,
			 diagnose, or treat the same health condition for the same patient demographic
			 subpopulation.
			5.Disclosure of comparative clinical
			 effectiveness information
			(a)Comparative clinical
			 effectivenessSection 201 of
			 the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321) is amended by adding
			 at the end the following:

					(rr)The term comparative clinical
				effectiveness means the clinical outcomes, effectiveness, safety, and
				clinical appropriateness of a drug or device in comparison to 1 or more drugs
				or devices, respectively, approved to prevent, diagnose, or treat the same
				health condition for the same patient demographic subpopulation, on the basis
				of research that meets standards adopted by the Secretary under section 4 of
				the Informed Health Care Decision Making
				Act.
					.
			(b)Labeling and advertising
			 informationSection 502 of
			 the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 352) is amended—
				(1)in subsection (f), by striking for
			 use; and (2) and inserting for use; (2) such information in
			 brief summary relating to comparative clinical effectiveness as shall be
			 required in regulations which shall be issued by the Secretary in accordance
			 with the procedure specified in section 701(a); and (3);
				(2)in subsection (n)(3), by striking
			 and effectiveness and inserting effectiveness, and
			 comparative clinical effectiveness (or a disclosure that there is no such
			 information relating to comparative clinical effectiveness if another drug has
			 been approved for the same use),; and
				(3)in subsection (r)—
					(A)by striking In the case of
			 any and inserting (1) In the case of any;
					(B)by striking (1) a true and
			 inserting (A) a true;
					(C)by striking (2) a brief and
			 inserting (B) a brief; and
					(D)by striking and
			 contraindications and inserting contraindications, and, if
			 appropriate after taking into consideration the type of device, effectiveness
			 and comparative clinical effectiveness (or a disclosure that there is no such
			 information relating to comparative clinical effectiveness if another device
			 has been approved for the same use).


114 HR 145 IH: To amend the Internal Revenue Code of 1986 to make permanent the work opportunity tax credit and to allow the transfer of such credit in the case of contracted veterans.
U.S. House of Representatives
2015-01-06
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
		114th CONGRESS
		1st Session
		H. R. 145
		IN THE HOUSE OF REPRESENTATIVES

			January 6, 2015
			Mr. Jolly 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 permanent the work opportunity tax credit and to
			 allow the transfer of such credit in the case of contracted veterans.

		1.Work opportunity tax credit made permanent
			(a)In generalSubsection (c) of section 51 of the Internal Revenue Code of 1986 is amended by striking paragraph
			 (4).
			(b)Effective dateThe amendment made by this section shall apply to individuals who begin work for the employer after
			 December 31, 2014.
			2.Transfer of credit in case of contracted veterans
			(a)In generalSection 51 of the Internal Revenue Code of 1986 is amended by adding at the end the following new
			 subsection:

					(l)Special rule for contracted veteran employees
						(1)In generalIn the case of an employee who—
							(A)is a qualified veteran, and
							(B)receives remuneration by an employer for qualified computer services performed by the individual
			 for another person,if the employer so elects, the amount of credit determined under this section (or any portion
			 thereof specified in the election) with respect to such employee for the
			 taxable year which would (but for this subsection) be allowable to the
			 employer shall be allowable to such other person, and such other person
			 shall be treated as the taxpayer for purposes of this title with respect
			 to such credit (or such portion thereof).(2)Qualified computer servicesFor purposes of this subsection, the term qualified computer services means services of a type that would be classified as a computer occupation in the Bureau of Labor
			 Statistics Standard Occupational Classification System.
						(3)Year credit allowedIn the case of an election under paragraph (1), the credit shall be allowable for the first taxable
			 year of such other person ending with or after the employer’s taxable year
			 for which the credit was determined..
			(b)Effective dateThe amendment made by this section shall apply to individuals who begin work for the employer after
			 December 31, 2014.


		II
		110th CONGRESS
		1st Session
		S. 2352
		IN THE SENATE OF THE UNITED STATES

			November 14, 2007
			Mr. Johnson (for
			 himself, Mr. Coleman,
			 Mr. Harkin, and Mr. Menendez) introduced the following bill; which
			 was read twice and referred to the Committee on Finance

		A BILL
		To amend title XVIII of the Social Security Act to
		  provide Medicare beneficiaries greater choice with regard to accessing hearing
		  health services and benefits.

		1.Short titleThis Act may be cited as the
			 Medicare Hearing Health Care
			 Enhancement Act of 2007.
		2.FindingsCongress finds the following:
			(1)Approximately
			 30,000,000 Americans experience some degree of hearing loss and by 2030 that
			 number is expected to increase to 78,000,000 Americans.
			(2)Hearing impairment
			 is one of the most common conditions affecting older adults, with approximately
			 33 percent of Americans aged 60 years and over, and 40 to 50 percent of those
			 aged 75 years and older, experiencing hearing loss.
			(3)Hearing loss is a
			 major barrier to participating in society, both economically and
			 socially.
			(4)Hearing loss among
			 senior citizens, if left untreated, can result in isolation and
			 depression.
			(5)The Department of
			 Veterans Affairs allows veterans to directly access audiologists and has
			 reported that this policy, adopted in 1992, provides high-quality, efficient,
			 and cost-effective hearing care.
			(6)The Office of
			 Personnel Management allows Federal employees and Members of Congress to
			 directly access audiologists through the Federal Employees Health Benefits
			 Program.
			(7)Audiologists are
			 licensed in each State and the District of Columbia and the scope of services
			 furnished by audiologists is determined by each such jurisdiction
			 involved.
			(8)Consistency in
			 Federal policy with respect to hearing health care services should be
			 encouraged to the greatest extent possible.
			3.Enabling Medicare
			 beneficiaries to have their choice of qualified hearing health care
			 providersSection 1861(ll)(2)
			 of the Social Security Act (42 U.S.C. 1395x(ll)(2)) is amended
			 by inserting before the period at the end the following: , without
			 regard to any requirement that the individual receiving the audiology services
			 be under the care of (or referred by) a physician or other health care
			 practitioner or that such services are provided under the supervision of a
			 physician or other health care practitioner.
		4.Inclusion of
			 audiology services as medical services under Medicare part B; payment for such
			 services
			(a)In
			 generalSection 1861(s)(2) of the Social Security Act (42 U.S.C.
			 1395x(s)(2)) is amended—
				(1)in subparagraph
			 (Z), by striking and at the end;
				(2)in subparagraph
			 (AA), by inserting and at the end; and
				(3)by adding at the
			 end the following new subparagraph:

						(BB)audiology
				services (as defined in subsection
				(ll)(2));
						.
				(b)Payment under the
			 physician fee scheduleSection 1848(j)(3) of such Act (42 U.S.C.
			 1395w–4(j)(3)) is amended by inserting (2)(BB), after
			 (2)(AA),.
			5.Construction;
			 effective date
			(a)ConstructionNothing
			 in the amendments made by this Act shall be construed to expand the scope of
			 audiology services for which payment may be made under title XVIII of the
			 Social Security Act on December 31, 2007.
			(b)Effective
			 dateThe amendments made by this Act shall take effect with
			 respect to services furnished on or after January 1, 2008.


115 HRES 50 IH: Recognizing the historical importance of Associate Justice Clarence Thomas.
U.S. House of Representatives
2017-01-12
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.

IV115th CONGRESS1st SessionH. RES. 50IN THE HOUSE OF REPRESENTATIVESJanuary 12, 2017Mr. Sessions (for himself and Mr. Carter of Georgia) submitted the following resolution; which was referred to the Committee on the Judiciary, and in addition to the Committee on House Administration, 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 concernedRESOLUTIONRecognizing the historical importance of Associate Justice Clarence Thomas.

 Whereas, in 1948, Clarence Thomas was born outside of Savannah, Georgia, in the small community of Pin Point, Georgia;
 Whereas Clarence Thomas was born into poverty and under segregation; Whereas, notwithstanding his humble beginnings and the many impediments he faced, Clarence Thomas demonstrated incredible intellect, discipline, and strength in attending and graduating from St. Benedict the Moor Catholic School, St. John Vianney Minor Seminar, the College of the Holy Cross, and Yale Law School;
 Whereas Clarence Thomas had a distinguished legal career with service in State government and all branches of the Federal Government, including the Senate, the Department of Education, the Equal Employment Opportunity Commission, and the United States Court of Appeals for the District of Columbia Circuit;
 Whereas, on July 1, 1991, President George Herbert Walker Bush nominated Clarence Thomas to be an Associate Justice of the Supreme Court of the United States (in this preamble referred to as the Supreme Court);
 Whereas Justice Thomas is the second African American to serve on the Supreme Court; Whereas, during his quarter century on the Supreme Court, Justice Thomas has made a unique and indelible contribution to the jurisprudence of the United States;
 Whereas Justice Thomas has propounded a jurisprudence that seeks to faithfully apply the original meaning of the text of the Constitution of the United States;
 Whereas Justice Thomas has brought renewed focus to constitutional doctrines that the Framers intended to undergird our republican form of government, including federalism and the separation of powers;
 Whereas, in fostering this philosophy of law, Justice Thomas reinvigorated not only the jurisprudence of the United States, but also the democracy of the United States;
 Whereas Justice Thomas has been a remarkably prolific Associate Justice, writing influential opinions on topics including constitutional law, administrative law, and civil rights;
 Whereas, on August 10, 1846, in the name of founding an establishment for the increase and diffusion of knowledge, Congress established the Smithsonian Institution as a trust to be administered by a Board of Regents and a Secretary of the Smithsonian Institution;
 Whereas diversity, including intellectual diversity, is a core value of the Smithsonian Institution and the museums of the Smithsonian Institution should capitalize on the richness inherent in differences;
 Whereas, upon opening, the National Museum of African American History and Culture (in this preamble referred to as the Museum) is the only national museum devoted exclusively to the documentation of African American life, history, and culture;
 Whereas the Museum omits the contribution made by Justice Thomas to the United States; and Whereas the House of Representatives is hopeful the Museum will reflect that important contribution: Now, therefore, be it

 That it is the sense of the House of Representatives that— (1)Associate Justice Clarence Thomas is a historically significant African American who has—
 (A)overcome great challenges; (B)served his country honorably for more than 35 years; and
 (C)made an important contribution to the United States, in particular the jurisprudence of the United States; and
 (2)the life and work of Justice Thomas are an important part of the story of African Americans in the United States and should have a prominent place in the National Museum of African American History and Culture.


		II
		112th CONGRESS
		1st Session
		S. 681
		IN THE SENATE OF THE UNITED STATES

			March 30, 2011
			Ms. Snowe introduced the
			 following bill; which was read twice and referred to the
			 Committee on Small Business and
			 Entrepreneurship

		A BILL
		To provide greater accountability in the Small Business
		  Lending Fund.

		1.Short titleThis Act may be cited as the
			 Greater Accountability in the Lending
			 Fund Act of 2011.
		2.Repayment
			 deadline under the Small Business Lending Fund Program
			(a)In
			 generalSection 4103(d)(5)(H)
			 of the Small Business Jobs Act of 2010 (12 U.S.C. 4741 note) is amended—
				(1)in clause
			 (i)—
					(A)in subclause (I),
			 by striking ; or and inserting a period;
					(B)by striking
			 subclause (II); and
					(C)by striking
			 will— and all that follows through be repaid and
			 inserting will be repaid;
					(2)by striking
			 clause (ii); and
				(3)by striking
			 that— and all that follows through includes, and
			 inserting that includes,.
				(b)Effective date;
			 applicability; savings clause
				(1)Effective date;
			 applicabilityThe amendments made by this section shall—
					(A)take effect on
			 the date of enactment of this Act; and
					(B)apply to any
			 investment made by the Secretary of the Treasury under the Small Business
			 Lending Fund Program established under section 4103(a)(2) of the Small Business
			 Jobs Act of 2010 (12 U.S.C. 4741 note) (in this subsection referred to as the
			 Program) on or after the date of enactment of this Act.
					(2)Savings
			 clauseNotwithstanding the amendments made by this section, an
			 investment made by the Secretary of the Treasury under the Program before the
			 date of enactment of this Act shall remain in full force and effect under the
			 terms and conditions under the investment.
				3.Small Business
			 Lending Fund sunsetSection
			 4109 of the Small Business Jobs Act of 2010 (12 U.S.C. 4741 note) is
			 amended—
			(1)in subsection
			 (b), by inserting and shall be limited by the termination date in
			 subsection (c) before the period at the end; and
			(2)by adding at the
			 end the following:

					(c)Termination of
				Program
						(1)InvestmentsOn
				and after the date that is 15 years after the date of enactment of this Act,
				the Federal Government may not own any preferred stock or other financial
				instrument purchased under this subtitle or otherwise maintain any capital
				investment in an eligible institution made under this subtitle.
						(2)AuthoritiesExcept
				as provided in subsection (a), all the authorities provided under this subtitle
				shall terminate 15 years after the date of enactment of this
				Act.
						.
			4.Small business
			 lending fund triggerSection
			 4109 of the Small Business Jobs Act of 2010 (12 U.S.C. 4741 note), as amended
			 by section 3, is amended by adding at the end the following:

				(d)FDIC
				receivershipThe Secretary
				may not make any purchases, including commitments to purchase, under this
				subtitle if the Federal Deposit Insurance Corporation is appointed receiver of
				5 percent or more of the number of eligible institutions that receive a capital
				investment under the
				Program.
				.
		5.Small Business
			 Lending Fund limitation
			(a)In
			 generalSection 4103(d) of
			 the Small Business Jobs Act of 2010 (12 U.S.C. 4741 note) is amended—
				(1)by striking
			 , less the amount of any CDCI investment and any CPP investment
			 each place it appears;
				(2)by striking
			 paragraph (7);
				(3)by redesignating
			 paragraphs (8), (9), and (10) as paragraphs (7), (8), and (9), respectively;
			 and
				(4)by adding at the
			 end the following:

						(10)Prohibition on
				TARP participants participating in the ProgramAn institution in
				which the Secretary made a investment under the CPP, the CDCI, or any other
				program established by the Secretary under the Troubled Asset Relief Program
				established under the Emergency Economic Stabilization Act of 2008 (12 U.S.C.
				5201 et seq.) shall not be eligible to participate in the
				Program.
						.
				(b)Effective date;
			 applicability; savings clause
				(1)Effective date;
			 applicabilityThe amendments made by this section shall—
					(A)take effect on
			 the date of enactment of this Act; and
					(B)apply to any
			 investment made by the Secretary of the Treasury under the Small Business
			 Lending Fund Program established under section 4103(a)(2) of the Small Business
			 Jobs Act of 2010 (12 U.S.C. 4741 note) (in this subsection referred to as the
			 Program) on or after the date of enactment of this Act.
					(2)Savings
			 clauseNotwithstanding the amendments made by this section, an
			 investment made by the Secretary of the Treasury under the Program before the
			 date of enactment of this Act shall remain in full force and effect under the
			 terms and conditions under the investment.
				6.Private
			 investments under the Small Business Lending Fund ProgramSection 4103(d)(3) of the Small Business
			 Jobs Act of 2010 (12 U.S.C. 4741 note) is amended—
			(1)in the paragraph
			 heading, by striking matched; and
			(2)in subparagraph
			 (B)(i), by striking both under the Program and.
			7.Approval of
			 regulators
			(a)In
			 generalSection 4103(d)(2) of
			 the Small Business Jobs Act of 2010 (12 U.S.C. 4741 note) is amended—
				(1)in the paragraph
			 heading, by striking Consultation with and inserting
			 Approval
			 of;
				(2)in the matter
			 preceding subparagraph (A), by striking the Secretary shall and
			 inserting the Secretary may not make a purchase under this subtitle
			 unless;
				(3)in subparagraph
			 (A)—
					(A)by striking
			 consult with; and
					(B)by striking
			 to determine whether the eligible institution may receive and
			 inserting determines that, based on the financial condition of the
			 eligible institution, the eligible institution should receive;
					(4)in subparagraph
			 (B)—
					(A)by striking
			 consider any views received from; and
					(B)by striking
			 regarding the financial condition of the eligible institution
			 and inserting determines that, based on the financial condition of the
			 eligible institution, the eligible institution should receive such capital
			 investment; and
					(5)in subparagraph
			 (C)—
					(A)by striking
			 consult with; and
					(B)by inserting
			 determines that, based on the financial condition of the eligible
			 institution, the eligible institution should receive such capital
			 investment before the period at the end.
					(b)Conforming
			 amendmentsSection 4103(d)(3)(A) of the Small Business Jobs Act
			 of 2010 (12 U.S.C. 4741 note) is amended—
				(1)by striking
			 to be consulted under paragraph (2) would not otherwise
			 recommend and inserting required to make a determination under
			 paragraph (2) does not approve;
				(2)by striking
			 to be so consulted; and
				(3)by striking
			 to be consulted would recommend and insert would
			 approve.
				8.Benchmark for
			 small business lendingSection
			 4103(d)(5)(A)(ii) of the Small Business Jobs Act of 2010 (12 U.S.C. 4741 note)
			 is amended by striking for the 4 full quarters immediately preceding the
			 date of enactment of this Act and inserting during calendar year
			 2007.