SAFE Act of 2019 Security And Financial Empowerment Act of 2019
A bill to promote the economic security and safety of survivors of domestic violence, dating violence, sexual assault, or stalking, and for other purposes.
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A bill to promote the economic security and safety of survivors of domestic violence, dating violence, sexual assault, or stalking, and for other purposes.
Prohibits government entities and insurance providers from denying community-based services to individuals with disabilities that require long-term service or support that would enable such individuals to live in the community and lead an independent life. Specifically, these entities may not discriminate against such individuals in the provision of community-based services by such actions as imposing prohibited eligibility criteria, cost caps, or waiting lists or failing to provide a specific community-based service. Additionally, community-based services must be offered to individuals with such disabilities prior to institutionalization. Institutionalized individuals must be notified regularly of community-based alternatives. The bill requires the Department of Justice and the Department of Health and Human Services (HHS) to issue regulations requiring government entities and insurance providers to offer community-based long-term services to individuals with such disabilities who would otherwise qualify for institutional placement. Government entities must ensure sufficient availability of affordable, accessible, and integrated housing that is not a disability-specific residential setting or a setting where services are tied to tenancy. Regulations shall also (1) require government entities and insurance providers to perform self-evaluation on current services, policies, and practices and concerning compliance with requirements of this bill; and (2) require government entities to submit a transition plan. HHS must determine annually whether each government entity is complying with the transition plan and must increase funding for those in compliance. The bill allows civil actions by individuals subjected to, or about to be subjected to, a violation of its requirements.
Achieving a Better Life Experience Act of 2014 or the ABLE Act of 2014 – Title I: Qualified ABLE Programs – (Sec. 101) States as the purposes of this title to: (1) encourage and assist individuals and families in saving private funds for the purpose of supporting individuals with disabilities to maintain health, independence, and quality of life; and (2) provide secure funding for disability-related expenses of beneficiaries with disabilities that will supplement, but not supplant, benefits provided through private insurance, title XVI (Supplemental Security Income) and title XIX (Medicaid) of the Social Security Act, the beneficiary’s employment, and other sources. (Sec. 102) Amends the Internal Revenue Code to exempt from taxation a qualified ABLE program established and maintained by a state, or by an agency or instrumentality of the state, to pay the qualified disability expenses related to the blindness or disability of a program beneficiary, including expenses for education, housing, transportation, employment training and support, assistive technology and personal support services, health, prevention and wellness, financial management and administrative services, legal fees, and expenses for oversight and monitoring, funeral and burial expenses. Requires officers and employees who have control of the qualified ABLE program to make reports as required by the Secretary of the Treasury. Imposes an additional 10% tax on individuals who do not use distributions from an ABLE account for disability expenses. Subjects ABLE accounts to the penalty tax for excess contributions and for failure to file required reports. (Sec. 103) Requires amounts in ABLE accounts to be disregarded in determining eligibility for means-tested federal programs, except distributions for housing expenses under the supplemental security income program and for amounts in an ABLE account exceeding $100,000. Suspends the payment of supplemental security income benefits to an individual during any period in which such individual has excess resources in an ABLE account, but does not suspend or affect the Medicaid eligibility of such individual. (Sec. 104) Amends the bankruptcy code to exclude funds placed in an account of a qualified ABLE program from a bankruptcy estate, but only if: (1) the designated beneficiary of such account was a child, stepchild, grandchild, or step grandchild of the debtor; (2) such funds are not pledged or promised to any entity in connection with any extension of credit and are not excess contributions to an ABLE account; and (3) such funds do not exceed $6,225 during a specified time period. (Sec. 105) Amends the Internal Revenue Code to permit contributors to or beneficiaries of a qualified tuition program (529 program) to direct the investment of contributions to a 529 program (or any earnings thereon) up to two times in any calendar year (currently, no investment direction is allowed). Title II: Offsets- (Sec. 201) Amends title II (Old Age, Survivors, and Disability Insurance Benefits) of the Social Security Act to change the age at which disability benefits are no longer subject to reductions from 65 to the normal retirement age range as set forth in such Act. (Sec. 202) Amends title XVIII (Medicare) of the Social Security Act to: (1) accelerate the beginning date for adjustments of relative value targets for misvalued services in Medicare physician fee schedules from 2017 to 2016; and (2) treat items and services for vacuum erection systems furnished on and after July 1, 2015, in the same manner as erectile dysfunction drugs for purposes of defining covered drugs under Medicare part D. (Sec. 204) Amends the American Taxpayer Relief Act of 2012 to delay to January 1, 2025, the implementation of oral-only end stage renal disease (ESRD)-related drugs in the ESRD prospective payment system. (Sec. 205) Amends the Internal Revenue Code to increase the Inland Waterways Trust Fund financing rate to 29 cents per gallon for fuel used after March 31, 2015. (Sec. 206) Amends the Internal Revenue Code to treat Internal Revenue Service (IRS)-certified professional employer organizations (PEOs) as employers for employment tax purposes (thus allowing such PEOs to pay wages and collect and remit payroll taxes on behalf of an employer). Sets forth IRS certification requirements for PEOs, including independent financial review and reporting requirements. Requires a PEO, each year, to post a bond equal to the greater of 5% of the PEO’s liability during the preceding calendar year (not exceeding $1 million) or $50,000. (Sec. 207) Amends the Internal Revenue Code to exclude dividends received by a U.S. shareholder from a controlled foreign corporation from the definition of “personal holding company income” for purposes of personal holding company taxation. (Sec. 208) Amends the Internal Revenue Code to require an annual inflation adjustment to tax penalty amounts for: (1) failure to file a tax return or pay tax, (2) failure to file certain information returns or registration statements, (3) noncompliance of tax return preparers, (4) failure to file partnership or S corporation returns, and (5) failure to file correct information returns or correct payee statements. (Sec. 209) Amends the Internal Revenue Code to increase from 15 to 30% the rate of the continuous levy on payments due to a Medicare provider or supplier for overdue taxes.
JOLT Act of 2015 Jobs Originated through Launching Travel Act of 2015 Amends the Immigration and Nationality Act to authorize the Department of Homeland Security (DHS) to admit into the United States a qualifying Canadian citizen over 50 years old and spouse for a period not to exceed 240 days (in a single 365-day period) if the person maintains a Canadian residence and owns a U.S. residence or has rented a U.S. accommodation for the duration of such stay. Revises the secure travel partnership program (the visa waiver program as renamed by this Act) to: (1) authorize DHS to designate any country as a program country; (2) adjust visa refusal rate criteria, including addition of a 3% maximum overstay rate; and (3) revise probationary and termination provisions. Expresses the sense of Congress that DHS should, in evaluating countries participating in the secure travel partnership program, give review priority to countries where circumstances indicate that such a review is necessary or desirable. Directs the Department of State to require U.S. diplomatic and consular missions to: (1) conduct nonimmigrant visa application interviews expeditiously, consistent with national security requirements and in recognition of resource allocation considerations; and (2) set a goal of interviewing 90% of all nonimmigrant visa applicants, worldwide, within 10 days of application receipt. Directs the State Department to: (1) develop and conduct a pilot program for processing visas using secure remote videoconferencing technology, and (2) seek to coordinate enrollment and interview processes for individuals eligible for both a U.S. visa and enrollment in the Global Entry program. Requires an alien at the time of application for U.S. entry under the secure travel partnership program to have a valid, unexpired electronic passport that incorporates biometric and document authentication identifiers that comply with internationally accepted practices.
Great Ape Protection and Cost Savings Act of 2011 – Prohibits: (1) conducting invasive research on great apes; (2) possessing, maintaining, or housing a great ape for the purpose of conducting invasive research; (3) using federal funds to conduct such research on a great ape or to support an entity conducting or facilitating invasive research on a great ape either within or outside of the United States; (4) knowingly breeding a great ape for the purpose of conducting or facilitating such research; (5) transporting, moving, delivering receiving, leasing, renting, donating, purchasing, selling, or borrowing a great ape in interstate or foreign commerce for conducting or facilitating such research; and (6) transferring federal ownership of a great ape to a non-federal entity unless the entity is a suitable sanctuary. Defines “great ape” as any chimpanzee, bonobo, gorilla, orangutan, or gibbon. Defines “invasive research” as research that may cause death, injury, pain, distress, fear, or trauma to great apes, including drug testing or exposure to a substance or isolation, social deprivation, or other experimental manipulations that may be detrimental to the ape’s health or psychological well-being. Requires the Secretary of Health and Human Services (HHS) to effectuate the permanent retirement of all great apes that are owned by the federal government and that are being maintained in any facility for the purpose of breeding for, holding for, or conducting invasive research. Sets forth civil penalties for violations of this Act. Establishes in the Treasury the Great Ape Sanctuary System Fund to be administered by the Secretary for construction, renovation, and operation of the sanctuary system for surplus chimpanzees.
Statutory Pay-As-You-Go Act of 2009 – (Sec. 4) Requires a Pay-As-You-Go (PAYGO) Act to include by reference an estimate of its budgetary effects as determined by the Congressional Budget Act of 1974 (CBA), if timely submitted for printing in the Congressional Record by the chairs of the congressional budget committees (chairs) before the vote on it. Requires: (1) the Clerk of the House of Representatives or the Secretary of the Senate, as applicable, also to incorporate by reference such printed estimate into the enrollment of a PAYGO Act; and (2) budgetary effects that are not so included to be determined by the Office of Management and Budget (OMB) estimates. Amends the CBA to require the chairs to request from the Director of the Congressional Budget Office (CBO) an estimate of the budgetary effects of a PAYGO Act before a vote in either chamber on it that, if determined in the affirmative, would clear it for enrollment. Directs the chairs to post such estimate on their respective committee websites and cause it to be printed in the Congressional Record under “PAYGO ESTIMATE.” Requires CBO to make specified estimate adjustments when calculating budgetary effects of certain designated legislation affecting current policy, as detailed in Sec. 7 of this Act. Requires OMB to maintain and make publicly available a continuously updated document containing two PAYGO scorecards (the first for a five-year period and the second for a 10-year period for the beginning of each respective budget year) displaying the budgetary effects of PAYGO legislation, applying certain look-back and averaging requirements. Requires OMB to display as a separate addendum the cost estimates of provisions designated in statute as emergency requirements. (Sec. 5) Requires OMB to: (1) make an annual public PAYGO report, including a up-to-date document containing the PAYGO scorecards, within 14 business days after Congress adjourns to end a session; and (2) prepare for the President an offsetting sequestration order, which the President shall issue, if such report shows a debit on either PAYGO scorecard for the budget year. (Sec. 6) Prescribes requirements for calculating a sequestration for nonexempt direct spending programs, including Medicare payments and certain nonexempt mandatory programs. (Sec. 7) Prescribes requirements for CBO adjustments of estimates of budgetary effects of PAYGO legislation for legislation affecting current policy for: (1) payments made under title XVIII (Medicare) of the Social Security Act for physician services; (2) the Estate and Gift Tax under the Internal Revenue Code; and (3) the permanent extension of middle-class tax cuts and the Alternative Minimum Tax (AMT) relief under the Economic Growth and Tax Relief Reconciliation Act of 2001 or the Jobs and Growth Tax Relief and Reconciliation Act of 2003. (Sec. 8) Applies to this Act certain sequestration order requirements of the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act), as amended by this Act, including the authority of Members of Congress and certain individuals to request an expedited judicial review of a sequestration order. (Sec. 9) Makes technical and conforming amendments to the Gramm-Rudman-Hollings Act. (Sec. 10) Exempts from sequestration: (1) low-income subsidies and catastrophic subsidies under Part D (Voluntary Prescription Drug Benefit Program) of the Social Security Act (SSA); and (2) qualified individual (QI) premiums for Medicare cost-sharing for certain dual eligible low-income Medicare beneficiaries under SSA title XIX (Medicaid). (Sec. 11) Amends the Gramm-Rudman-Hollings Act to specify additional Social Security, veterans, Tier I Railroad Retirement benefits and other programs and activities exempt from a sequestration order as well as certain economic recovery programs.
Great Ape Protection Act of 2009 – Prohibits: (1) conducting invasive research on great apes; (2) knowingly breeding, possessing, renting, loaning, donating, purchasing, selling, housing, maintaining, leasing, borrowing, transporting, moving, delivering, or receiving a great ape for the purpose of conducting such research; or (3) using federal funds to conduct such research. Defines “invasive research” as research that may cause death, bodily injury, pain, distress, fear, injury, or trauma to great apes, including drug testing or exposure to a substance that may be detrimental to the ape’s health or psychological well-being. Requires the Secretary of Health and Human Services (HHS) and other appropriate federal authorities to provide for the permanent retirement of all great apes that are owned or under the control of the federal government and that are being maintained in any facility for the purpose of breeding for, holding for, or conducting invasive research. Sets forth civil penalties for violations of this Act.
Small Business Jobs Act of 2010 – Title I: Small Businesses – Subtitle A: Small Business Access to Credit – Small Business Job Creation and Access to Capital Act of 2010 – Part I: Next Steps for Main Street Credit Availability – (Sec. 1111) Amends the Small Business Act to increase temporarily (until January 1, 2011) to 90% the maximum Small Business Administration (SBA) participation in a loan on a deferred basis under the section 7(a) (general small business loans) guaranteed loan program. Reduces SBA participation in a loan on a deferred basis, after December 31, 2010, from 90% back to: (1) 75% of a loan balance exceeding $150,000; and (2) 85% of a loan balance equal to or less than $150,000. Raises from $1.5 million to $4.5 million (through December 31, 2010, after which only to $3.75 million) the ceiling on the total amount outstanding and committed (by participation or otherwise) to the borrower from the business loan and investment fund. Raises from $2 million to $5 million the maximum gross loan amount. Raises from $1.5 million to $5 million the maximum loan amounts for the section 504 (state and local development company) program. Increases from $35,000 to $50,000 the maximum amount of a microloan (to a start-up, newly-established, and growing small business) under the Microloan program. Increases from $3.5 million to $5 million the maximum total amount of loans to one intermediary participating in the Microloan program. (Sec. 1114) Amends the American Recovery and Reinvestment Act of 2009 to extend through December 31, 2010: (1) the reduction or elimination of certain fees related to SBA loan guarantees; and (2) the Economic Stimulus Lending Program to guarantee up to 90% of qualifying small business loans made by eligible lenders. (Sec. 1115) Amends the Small Business Investment Act of 1958 to apply single-business investment limits to SBA-recognized new markets venture capital companies of 10% of the sum of a company’s regulatory capital plus the total amount of leverage projected in the participation agreement. (Sec. 1116) Directs the SBA Administrator to establish for prospective borrowers an alternative small business size standard that uses maximum tangible net worth and average net income as an alternative to the use of industry standards. (Sec. 1117) Directs the SBA Administrator, upon pool assembler request, if the amount of the guaranteed portion of any loan under the section 7(a) general small business loan program is more than $500,000, to divide the loan guarantee into increments of $500,000 and 1 increment of any remaining amount less than $500,000, in order to permit the maximum amount of any (Sec. 1118) Expresses the sense of Congress that the SBA Administrator should establish a website that: (1) lists SBA lenders and provides loan rate information, and (2) allows prospective borrowers to compare rates on SBA-guaranteed loans. (Sec. 1119) Amends the American Recovery and Reinvestment Act of 2009 to terminate the authority of the Administrator regarding the Secondary Market Guarantee Authority two years after the date of the first sale of a pool of first lien position 504 loans guaranteed to a third-party investor. Part II: Small Business Access to Capital – (Sec. 1122) Amends the Small Business Investment Act of 1958 regarding the local development business loan program to allow a small business borrower to refinance a previous business debt: (1) that was incurred at least two years before the loan application; (2) that is a commercial loan; (3) that is not guaranteed by a federal agency; (4) whose proceeds were used to acquire a fixed asset for the business’s benefit; (5) that is collateralized by fixed assets; and (6) for which the borrower has been current on all payments for at least one year. Allows the Administrator to provide financing under such program for a project that does not involve small business expansion, if the borrower meets certain job creation or retention goals. Prescribes an alternate job retention goal for which a borrower may qualify. Part III: Other Matters – (Sec. 1131) Establishes a three-year pilot program of direct loans to private, nonprofit entities (intermediaries), which shall in turn make loans of up to $200,000 each to startup, newly established, and growing small businesses for working capital, real estate, or the acquisition of materials, supplies, or equipment. (Sec. 1133) Amends the Small Business Act to authorize the SBA Administrator to guarantee the timely payment of an open-end extension of credit to a small business concern, the proceeds of which may be used for the purchase of eligible retail goods for resale (floor plan pilot program extension). (Sec. 1134) Amends the Riegle Community Development and Regulatory Improvement Act of 1994 to direct the Secretary of the Treasury to guarantee payments on bonds or notes issued by a qualified issuer, if their proceeds are used to make loans to eligible community development financial institutions for eligible community or economic development purposes or to refinance loans or notes issued for such purposes. Requires each qualified issuer to establish a risk-share pool, capitalized by contributions from eligible community development financial institution participants of an amount equal to 3% of the guaranteed amount outstanding on the such notes and bonds. Authorizes appropriations through FY2014. (Sec. 1136) Prohibits the use of Troubled Asset Relief Program (TARP) funds under the Emergency Economic Stabilization Act of 2008 or tax increases during 2010 to carry out specified sections of the loan programs under this Act. Subtitle B: Small Business Trade and Exporting – Small Business Export Enhancement and International Trade Act of 2010 – (Sec. 1201) Amends the Small Business Act to: (1) require the SBA Office of International Trade to implement export promotion programs that increase the number of small businesses that export as well as the volume of their exports; and (2) establish an Associate Administrator for International Trade as the head of the Office. (Sec. 1204) Requires the Associate Administrator in promoting export assistance programs through SBA district and regional offices, the small business development center network, Export Assistance Centers (one-stop shops for U.S. exporters), the network of women’s business centers, chapters of the Service Corps of Retired Executives (SCORE), state and local export promotion programs, and partners in the private sector. Requires the Associate Administrator to establish annual goals. Directs the Associate Administrator to appoint at least one trade financial specialist within the SBA to oversee international loan programs and assist SBA employees with trade finance issues. Directs the SBA Administrator to: (1) establish an export and trade counseling certification program for employees of lead small business development centers and lead women’s business centers; and (2) ensure that each lead small business development center has at least 10% of its employees (with a minimum of 5 employees) certified in providing export assistance. Requires the Associate Administrator to develop performance measures to support small business export growth goals for Office activities. (Sec. 1205) Directs the SBA Administrator, in coordination with the Secretary of Commerce, to ensure that the number of export finance specialists assigned to the Export Assistance Centers is at least the number that were assigned on January 1, 2003. Requires at least three specialists in each SBA region. Directs the SBA Administrator to study for each state: (1) its volume of exports; (2) the availability of export finance specialists; (3) the number as well as percentage of exporters that are small business concerns; (4) changes, if any, in the number of exporters that are small business concerns at 10-year intervals; (5) the total value of the exports by small business concerns; and (6) the percentage of the total volume of exports attributable to small business concerns, and changes, if any, in those percentages at 10-year intervals. Requires recommendations to Congress on how to eliminate gaps between the supply of and demand for export finance specialists in the 15 states with the greatest volume of exports as well as in the 15 states with the lowest volume of exports. (Sec. 1206) Increases from $1.75 million to $4.5 million the total amount of a small business loan outstanding and committed (by participation or otherwise) to the borrower from the business loan and investment fund. Increases from $1.25 million to $4 million the limit on the use of such a loan for working capital, supplies, or financings. Caps SBA participation in an international trade loan at 90%. Authorizes the SBA to make a guaranteed loan for working capital that will allow an eligible small business concern engaged in or adversely affected by international trade to improve its competitive position. Allows such a loan to be secured by a second lien position on the property or equipment financed by the loan or on other assets of the small business concern, if the lien gives adequate assurance of the payment of the loan. (Currently, a first lien position or first mortgage on the property, equipment, or other business assets is required.) Names the foreign market development loan guarantee program the Export Working Capital Program, allowing a maximum loan guarantee of $5 million. Makes eligible to participate in the Preferred Lenders Program any lender participating in the Delegated Authority Lender Program of the Export-Import Bank of the United States. Establishes the Export Express Program to authorize the SBA Administrator to guarantee loans to small businesses for export development activities. Requires the guarantee of 90% of a loan of up to $350,000, and 75% of a higher loan up to $500,000. Directs the SBA Administrator to publish an annual list of the banks and participating lending institutions that have made such loans guaranteed by the SBA during the preceding year. (Sec. 1207) Directs the Associate Administrator to establish a three-year pilot State Trade and Export Promotion Grant Program to make grants to states to carry out export promotion programs for small businesses, including those owned and controlled by women and socially and economically disadvantaged individuals. Authorizes appropriations for FY2011-2013. (Sec. 1208) Requires the SBA Administrator to report to Congress on rural export promotion programs for small businesses. (Sec. 1209) Requires a small business development center that counsels a small business concern on international trade issues to: (1) consult with state trade agencies and Export Assistance Centers to provide appropriate services to the small business concern; and (2) refer the small business concern to a state trade agency or an Export Assistance Center, as necessary, for further counseling or assistance. Subtitle C: Small Business Contracting – Part I: Contract Bundling – (Sec. 1312) Amends the Small Business Act to require each federal agency to include in each solicitation for any multiple award contract above the agency’s substantial bundling threshold a provision soliciting bids from any responsible source, including responsible small business concerns and teams or joint ventures of small business concerns. Directs the Federal Acquisition Regulatory Council to amend a specified Federal Acquisition Regulation to: (1) establish a Government-wide policy regarding contract bundling, including the solicitation of teaming and joint ventures; and (2) require that such policy be published on each federal agency website. Requires the Administrator for Federal Procurement Policy to report triennially to certain congressional committees regarding procurement center representatives and commercial market representatives, including the identification of each area to which the SBA has assigned such a representative. Directs the Comptroller General to report to Congress on the procurement center representative program. Instructs the Administrator to implement a 3-year pilot electronic procurement center representative program. (Sec. 1313) Directs the head of each federal agency to ensure that its decisions regarding consolidation of contract requirements are made with a view to providing small business concerns with appropriate opportunities to participate as prime contractors and subcontractors. Prohibits a federal agency head from carrying out an acquisition strategy that includes a consolidation of contract requirements with a value of more than $2 million unless the senior procurement executive or Chief Acquisition Officer first conducts market research, identifying alternative contracting approaches involving a lesser degree of consolidation of contract requirements, and certifying that steps will be taken to include small business concerns in the acquisition strategy. Authorizes a senior procurement executive or Chief Acquisition Officer to determine that an acquisition strategy involving a consolidation of contract requirements is necessary and justified if the benefits of the acquisition strategy substantially exceed the benefits of alternative contracting approaches. (Sec. 1314) Directs the Administrator to establish a Small Business Teaming Pilot Program of grants to eligible organizations to assist and guide to teams or joint ventures of small business concerns seeking to compete for larger procurement contracts. Authorizes appropriations for FY2010-FY2015. Part II: Subcontracting Integrity – (Sec. 1321) Directs the Administrator to promulgate regulations relating to, and the Federal Acquisition Regulatory Council to amend the Federal Acquisition Regulation to establish a policy on, subcontracting compliance relating to small business concerns, including assignment of compliance responsibilities among contracting offices, small business offices, and program offices and periodic oversight and review. Part III: Acquisition Process – (Sec. 1331) Amends the Small Business Act to direct the Administrator and the Administrator for Federal Procurement Policy to establish regulatory guidance under which federal agencies may, at their discretion, set aside part or parts of a multiple award contract, and reserve contract awards, for small business concerns, including the subcategories of small business concerns. (Sec. 1332) Instructs the Director of the Office of Management and Budget (OMB) to issue guidelines regarding the analysis of purchase card expenditures to identify opportunities for achieving and accurately measuring fair participation of small business concerns in purchases in an amount not exceeding the micro-purchase threshold. (Sec. 1334) Requires a prime contractor for a covered contract to notify in writing the relevant contracting officer if: (1) the prime contractor pays a reduced price to a subcontractor for goods and services, or (2) the payment to a subcontractor is more than 90 days past due for goods or services provided for the covered contract for which the federal agency has paid the prime contractor. (Sec. 1335) Amends the Business Opportunity Development Reform Act of 1988 to repeal authority for the Small Business Competitiveness Demonstration Program. Part IV: Small Business Size and Status Integrity – (Sec. 1341) States a presumption that, in every contract, subcontract, cooperative agreement, cooperative research and development agreement, or grant which is classified as intended for award to small business concerns, there shall be a loss to the United States based on the total amount expended on such instrument whenever a non-small business concern willfully sought and received the award by misrepresentation. (Sec. 1342) Requires each certified small business concern to certify its size and small business status annually by means of a confirming entry on the SBA Online Representations and Certifications Application database. (Sec. 1343) Requires the Federal Acquisition Institute to develop courses for acquisition personnel concerning proper classification of business concerns and small business size and status for purposes of federal contracts, subcontracts, grants, cooperative agreements, and cooperative research and development agreements. (Sec. 1344) Requires the Administrator to conduct a rolling detailed review, every 18 months, of updated size standards for small business concerns, including at least 2 public forums located in different U.S. geographic regions. (Sec. 1345) Directs Comptroller General to study the mentor-protege program for small business concerns participating in certain SBA programs, as well as other relationships and strategic alliances pairing a larger business and a small business concern partner to gain access to federal government contracts, to determine whether the programs and relationships are effectively supporting the goal of increasing the participation of small business concerns in federal contracting. Subtitle D: Small Business Management and Counseling Assistance – (Sec. 1401) Authorizes the Administrator, upon request by an intermediary, to waive the requirement to obtain non-federal funds for a fiscal year, including successive fiscal years. Prohibits the Administrator from waiving the requirement to obtain such funds if granting the waiver would undermine the credibility of the microloan program. (Sec. 1402) Authorizes the Administrator to make grants to small business development centers to provide targeted technical assistance to small business concerns seeking access to capital or credit, federal procurement opportunities, energy efficiency audits to reduce energy bills, opportunities to export products or provide services to foreign customers, adopting, making innovations in, and using broadband technologies, or other assistance. Exempts grant recipients from the requirement to provide non-federal matching funds. Authorizes appropriations. Subtitle E: Disaster Loan Improvement – (Sec. 1501) Authorizes the Administrator to provide disaster assistance to aquaculture enterprises that are small businesses. Subtitle F: Small Business Regulatory Relief – (Sec. 1601) Requires a federal agency final regulatory flexibility analysis accompanying a final rule to contain the agency’s response to any comments filed by the SBA Chief Counsel for Advocacy in response to the proposed rule, and a detailed statement of any change made to the proposed rule in the final rule as a result of the comments. (Sec. 1602) Amends federal law to require each budget submitted by the President to include a separate statement of the amount of appropriations requested for the SBA Office of Advocacy, which shall be designated in a separate account in the General Fund of the Treasury. Authorizes appropriations. Subtitle G: Appropriations Provisions – (Sec. 1701) Makes FY2010 appropriations for: (1) SBA salaries and expenses, (2) the Business Loans Program Account, (3) the Community Development Financial Institutions Fund Program Account, and (4) Small Business Loan Guarantee Enhancement Extension. Title II: Tax Provisions – Creating Small Business Jobs Act of 2010 – Subtitle A: Small Business Relief – Part I: Providing Access to Capital – (Sec. 2011) – Amends the Internal Revenue Code to increase from 50% to 100% the exclusion from gross income of the gain from the sale or exchange of qualified small business stock acquired after March 15, 2010, and before January 1, 2012. (Sec. 2012) Permits a 5-year carryback for eligible small business credits. (Sec. 2013) Sets forth special rules for eligible small business credits in 2010, including treating the tentative alternative minimum tax (AMT) as being zero. Prohibits treatment of business credits determined with respect to a partnership or S corporation as eligible small business credits by partners or shareholders unless they meet a certain gross receipts test. (Sec. 2014) Prescribes special rules for a temporary elimination of tax on the net recognized built-in gain of an S corporation for 2009, 2010, and 2011. Part II: Encouraging Investment – (Sec. 2021) Specifies increased expensing limitations for 2010 and 2011. Treats specified real property, upon taxpayer election, as section 179 property, including any qualified real property (such as leasehold or retail improvement property or restaurant property) of a character subject to a depreciation allowance which is purchased for use in the active conduct of a trade or business. (Sec. 2022) Grants an additional first-year depreciation for 50% of the basis of certain qualified property placed in service before January 1, 2012. (Sec. 2023) Sets forth a special rule for the allocation to an long-term contract of bonus depreciation for certain property with a recovery period of 7 years or less which is placed in service between December 31, 2009, and January 1, 2011 (January 1, 2012, in the case of specified other property). Part III: Promoting Entrepreneurship – (Sec. 2031) Increases from $5,000 to $10,000 (reduced by the excess over $60,000 in such expenditures) the allowed deduction for start-up expenditures in taxable year 2010. (Sec. 2032) Authorizes appropriations to the Office of the United States Trade Representative (USTR) for: (1) analyzing and developing opportunities for U.S. to access the markets of foreign countries; and (2) enforcing trade agreements to which the United States is a party. Directs the USTR to: (1) give preference to initiatives that will create or sustain the greatest number of jobs in the United States or result in the greatest benefit to the U.S. economy; and (2) consider the needs of small- and medium-sized businesses in the United States with respect to accessing the markets of foreign countries and the enforcement of trade agreements to which the United States is a party. Part IV: Promoting Small Business Fairness – (Sec. 2041) Limits the penalty for failure to disclose a reportable transaction on a tax return or statement to 75% of the decrease in tax resulting from such transaction. Sets a minimum penalty of $10,000 ($5,000 in the case of a natural person). (Sec. 2042) Revises special rules for the health insurance costs of self-employed individuals to allow a deduction from self-employment income (ordinarily disallowed) for such costs in computing 2010 self-employment taxes. (Sec. 2043) Removes cellular telephones and similar telecommunications equipment from the definition of listed property with respect to the limitation (to computation under the alternative depreciation system) on the deduction from business income for listed property whose business use does not exceed 50%. Subtitle B: Revenue Provisions – Part I: Reducing the Tax Gap – (Sec. 2101) States that, for purposes of mandatory information returns, a person receiving rental income from real estate, with specified exceptions, shall be considered to be engaged in a trade or business of renting property. (Sec. 2102) Increases the penalties for failure to: (1) file correct information returns, and (2) furnish correct payee statements. Requires inflation adjustments to such penalties. (Sec. 2103) Requires the Commissioner of Internal Revenue to report annually to the House Committee on Ways and Means and the Senate Committee on Finance on penalties assessed for certain abusive tax shelters and reportable transactions. (Sec. 2104) States that requirements governing notice and opportunity for a hearing before imposition of a tax levy do not apply if the Secretary of the Treasury has served a federal contractor levy. Part II: Promoting Retirement Preparation – (Sec. 2111) Permits participants in government Section 457 plans (deferred compensation plans of state and local governments and tax-exempt organizations) to treat elective deferrals as Roth IRA contributions (subject to immediate taxation). (Sec. 2112) Includes within taxable gross income certain rollovers from elective deferral plans to designated Roth IRA accounts. (Sec. 2113) Includes within gross income any amount received as an annuity under an annuity, endowment, or life insurance contract. Prescribes the treatment for partial annuitization. Part III: Closing Unintended Loopholes – (Sec. 2121) Excludes any fuel with an acid number greater than 25 (crude tall oil) from the meaning of cellulosic biofuel eligible for the (cellulosic biofuel producer) tax credit for alcohol used as fuel. (Sec. 2122) Treats as income sourced within the United States any amounts received from a noncorporate resident or domestic or foreign corporation for the provision of a guarantee of indebtedness, if such amount is connected with income effectively connected (or so treated) with the conduct of a trade or business in the United States. Treats as income sourced outside the United States any amounts received, directly or indirectly, from a foreign person for the provision of a guarantee of indebtedness other than amounts derived from sources within the United States. Part IV: Time for Payment of Corporate Estimated Taxes – (Sec. 2131) Increases by 36% to 157.5% the estimated tax installment for the third quarter of 2015 for corporations with assets of not less than $1 billion. Title III: State Small Business Credit Initiative – State Small Business Credit Initiative Act of 2010 – (Sec. 3003) Establishes a seven-year State Small Business Credit Initiative, under which the Secretary of the Treasury shall allocate federal funds for FY2009-FY2010 to participating states with capital access programs. (Sec. 3005) Prescribes eligibility criteria for state capital access programs providing portfolio insurance for business loans. Requires the portfolio insurance to be based on a separate loan-loss reserve fund for each financial institution, with: (1) premiums paid by the financial institution lenders and by the business borrowers to the reserve fund to have their loans enrolled in it, and (2) state contributions to the reserve fund in amounts equal to such premium charges. Limits portfolio insurance to loans of up to $5 million to borrowers with 500 employees or fewer at the time that the loan is enrolled in the program. Requires the Secretary to make federal contributions any state capital access program meeting specified minimum requirements. Requires an applicant state to report to the Secretary how it plans to use the federal contributions to the reserve fund to provide access to capital for small businesses in low- and moderate-income, minority, and other underserved communities, including women- and minority-owned small businesses. (Sec. 3006) Authorizes a participating state that establishes a new, or has an existing, eligible credit support program to apply for the Secretary’s approval of a state other credit support program for federal contributions to, or for the account of, the state program. Requires a state other credit support program, among other eligibility criteria, to demonstrate that one dollar of public investment by the state program will cause and result in one dollar of new private credit, with a reasonable expectation that, when considered with all other state programs, they together have the ability to use new federal contributions to cause and result in amounts of new small business lending at least 10 times the new federal contribution amount. Requires such a program to extend credit support to borrowers with an average size of 500 or fewer employees, but in no event to borrowers with more than 750 employees. Requires such credit support to target loans with an average principal amount of $5 million or less, but in no event more than $20 million. (Sec. 3007) Requires participating states to file quarterly use-of-federal-funds reports. (Sec. 3008) Authorizes reduction or termination of federal allocations to a participating state: (1) upon its termination of participation in the program, (2) for failure to submit timely and complete reports, or (3) for noncompliance with the terms of the allocation agreement. (Sec. 3009) Directs the Secretary to: (1) establish minimum national standards for approved state programs, and (2) provide states with technical assistance for starting programs and generally disseminating best practices. Makes appropriations. Terminates the program at the end of seven years. Title IV: Additional Small Business Provisions – Subtitle A: Small Business Lending Fund – (Sec. 4103) Establishes in the Treasury the Small Business Lending Fund to cover purchases of preferred stock and other financial instruments from eligible insured depository institutions, bank holding companies, savings and loan holding companies, and community development financial institution loan funds with total assets of $10 billion or less. Authorizes the Secretary of the Treasury to establish the Small Business Lending Fund Program. Limits the aggregate amount of purchases to $30 billion. Requires all funds received by the Secretary in connection with such purchases to be paid into the general fund of the Treasury for reduction of the public debt. Prohibits more than 1% of the value of purchases made by the Secretary in implementing the Program from being used to make purchases from community development loan funds (CDLFs). Instructs the Secretary to develop specified eligibility criteria to determine the financial ability of a CDLF to participate in the Program and repay the investment. Requires CDLFs participating in the Program to submit audited financial statements to the Secretary, have a clean audit opinion, and have at least three years of operating experience. Allows eligible institutions with assets of $1 billion or less to apply for a capital investment from the Fund not exceeding 5% percent of risk-weighted assets. Allows eligible institutions with assets of between $1 billion and $10 billion to apply for a capital investment from the Fund of up to 3% percent of risk-weighted assets. Prescribes requirements for the treatment of assets of holding companies and institutions controlled by holding companies. Requires an applicant institution (including a state-chartered bank) to submit: (1) a small business lending plan describing how its business strategy and operating goals address the needs of small businesses in the areas it serves, and (2) a plan to provide linguistically and culturally appropriate outreach. Permits CDLFs to apply for a capital investment from the Fund in an amount not exceeding 5% of total assets. Declares ineligible for a capital investment from the Fund any institution that is either on the Federal Deposit Insurance Corporation (FDIC) problem bank list or has been removed from such list for less than 90 days. Prescribes requirements governing financial instruments issued to the Treasury by an eligible institution receiving a capital investment (including S Corporations). Sets forth financial incentives for small business lending by such institutions. Sets a 10-year deadline for repayment of a capital investment under the Program. Sets forth requirements governing financial instruments issued by a Community Development Financial Institution loan fund (CDFILF) receiving a capital investment under the Program. Makes incentives contingent upon an increase in the number of loans made. Requires the Secretary to issue regulations and other guidance to permit eligible institutions to refinance securities issued to the Treasury under the Community Development Capital Initiative (CDCI) of the Troubled Asset Relief Program (TARP) established by the Emergency Economic Stabilization Act of 2008 (EESA) and the TARP Capital Purchase Program (CPP) for securities to be issued under the Program; but prohibits participation by certain nonpaying CPP participants. Directs the Secretary to require capital investment recipients to provide linguistically and culturally appropriate outreach and advertising in the applicant pool using media outlets which target organizations, trade associations, and individuals that represent or work within or are members of minority communities, women, and veterans. Requires the appropriate federal banking agency for an eligible institution that receives funds under the Program to issue guidance regarding mandatory prudent underwriting standards for loans it makes. (Sec. 4105) Instructs the Secretary, when exercising authorities granted under this title, to take into consideration, among other things, increasing the opportunity for small business development in areas with high unemployment rates that exceed the national average. (Sec. 4107) Establishes the Office of Small Business Lending Fund (SBLF) Program Oversight within the Office of the IG. Instructs the IG to: (1) appoint a Special Deputy Inspector General for SBLF Program Oversight to lead the Office, and (2) audit and investigate purchases of financial instruments under the Program through the Office. (Sec. 4108) Makes appropriations to pay the costs of $30 billion of capital investments in eligible institutions and of capital investments program administration. (Sec. 4109) Terminates the authority to make capital investments in eligible institutions one year after enactment of this Act. (Sec 4111) Establishes the Small Business Lending Fund Program as separate and distinct from TARP. States that an institution shall not be considered a TARP recipient by virtue of a capital investment under this Act. (Sec. 4112) Directs the Secretary to: (1) study the impact of the Program on women-owned businesses, veteran-owned businesses, and minority-owned businesses; and (2) disaggregate study results by ethnic group and gender. (Sec. 4113) Expresses the sense of Congress that the FDIC and other bank regulators are sending mixed messages to banks regarding regulatory capital requirements and lending standards, which is a contributing cause of decreased small business lending and increased regulatory uncertainty at community banks. Subtitle B: Other Provisions – Part I: Small Business Export Promotion Initiatives – Export Promotion Act of 2010 – (Sec. 4222) Directs the Secretary of Commerce (Secretary in this Part) to increase the number of full-time departmental employees whose primary responsibilities involve promoting or facilitating participation by U.S. businesses in the global marketplace and facilitating the entry into, or expansion of, such participation. Requires the Secretary to ensure that global marketplace promotional activities include promoting and facilitating participation by small and medium-sized manufacturing businesses. Authorizes appropriations for FY2011-FY2012. Instructs the Secretary, in obligating and expending such funds, as well as funds for other programs under this Act, to give preference to activities that: (1) assist small- and medium-sized businesses in the United States; and (2) will create or sustain the greatest number of jobs in the United States and obtain the maximum return on investment. Authorizes appropriations. (Sec. 4223) Authorizes appropriations to the Department of Commerce for FY2011-FY2012 to improve access to the global marketplace for goods and services provided by rural businesses. (Sec. 4224) Authorizes appropriations to expand ExporTech, a joint program of the Hollings Manufacturing Extension Partnership Program and the Export Assistance Centers of the Department of Commerce. (Sec. 4225) Authorizes appropriations for the Manufacturing and Services unit of the International Trade Administration (ITA) of the Department of Commerce to establish public-private partnerships under the Market Development Cooperator Program. (Sec. 4226) Amends the National Institute of Standards and Technology Act to authorize the Director of the National Institute of Standards and Technology (NIST), in making awards for the creation and support of regional centers for the transfer of manufacturing technology, to: (1) consider whether an applicant has significant potential for enhancing the competitiveness of small- and medium-sized U.S. manufacturers in the global marketplace, and (2) give a preference to applicants for such projects. Authorizes the Director, in making awards under the technology innovation program, to take the same question into consideration. (Sec. 4227) Expresses the sense of the Senate that the Secretary of Commerce should enhance federal collaboration with the states on export promotion issues by taking specified steps. (Sec. 4228) Directs such Secretary to report to Congress on the tariff and nontariff barriers imposed by Colombia, the Republic of Korea, and Panama with respect to exports of U.S. firms, including small- and medium-sized manufacturing firms. Part II: Medicare Fraud – (Sec. 4241) Directs the Secretary of Health and Human Services (HHS) (Secretary in this Part) to: (1) use predictive modeling and other analytics technologies (predictive analytics technologies) to identify improper claims for reimbursement, and (2) prevent the payment of such claims under the Medicare fee-for-service program. Prescribes requirements for predictive analytics technologies requirements and their implementation over four years. Sets forth requirements for contractor selection, qualifications, and data access requirements. Makes appropriations for this program. Title V: Budgetary Provisions – Declares that the budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go-Act of 2010, shall be determined by reference to the latest statement titled “Budgetary Effects of PAYGO Legislation.”
Addresses U.S. technology and communications, foreign relations and national security, domestic manufacturing, education, trade, and other matters. Among other provisions, the bill provides funding for FY2022-FY2026 to support U.S. semiconductor manufacturing, research and development, and supply chain security; provides funding for wireless supply chain innovation; establishes a Directorate for Technology and Innovation in the National Science Foundation; extends through 2025 the authority of the National Aeronautics and Space Administration (NASA) to lease its non-excess real property and related personal property; authorizes various programs and policies related to space exploration; authorizes various international affairs programs and activities, including foreign assistance for the Indo-Pacific region; requires federal infrastructure programs to provide for the use of materials produced in the United States; imposes sanctions on China for cybersecurity and human rights abuses; requires the Department of Health and Human Services to consider national security risks associated with sensitive genetic information; includes initiatives related to elementary and secondary education, including those to increase computer science education; contains provisions related to higher education, including those reauthorizing through FY2027 international education programs and addressing China’s influence on institutions of higher education; modifies and expands the schedule for graduated merger filing fees; prohibits federal funding for the Wuhan Institute of Virology; requires the U.S. Trade Representative to take certain actions related to digital trade and censorship practices; and extends through 2027 the Generalized System of Preferences.
Sets forth provisions concerning improving the ability of the United States to forecast space weather events and mitigate the effects of space weather. The bill provides statutory authority for the National Science and Technology Council’s Space Weather Operations, Research, and Mitigation Working Group, which coordinates executive branch efforts regarding space weather. The bill directs the Office of Science and Technology Policy, National Oceanic and Atmospheric Administration (NOAA), National Science Foundation, Air Force, Navy, National Aeronautics and Space Administration (NASA), and U.S. Geological Survey to carry out specified space weather activities. NOAA may establish a pilot program under which NOAA offers to enter into contracts with entities in the commercial space weather sector to provide NOAA with space weather data that meets certain standards. The working group must periodically review and update the benchmarks described in the report of the National Science and Technology Council titled Space Weather Phase 1 Benchmarks and dated June 2018, as necessary, based on (1) any significant new data or advances in scientific understanding that become available, or (2) the evolving needs of entities impacted by space weather phenomena.
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