[Congressional Record Volume 156, Number 106 (Monday, July 19, 2010)]
[Senate]
[Pages S5997-S5999]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


                           TEXT OF AMENDMENTS

  SA 4484. Mr. KOHL submitted an amendment intended to be proposed to 
amendment SA 4402 proposed by Mr. Reid (for Mr. Baucus (for himself, Ms 
Landrieu, and Mr. Reid)) to the bill H.R. 5297, to create the Small 
Business Lending Fund Program to direct the Secretary of the Treasury 
to make capital investments in eligible institutions in order to 
increase the availability of credit for small businesses, to amend the 
Internal Revenue Code of 1986 to provide tax incentives for small 
business job creation, and for other purposes; which was ordered to lie 
on the table; as follows:

       At the end of part I of subtitle A of title II, insert the 
     following:

     SEC. --. QUALIFYING THERAPEUTIC DISCOVERY PROJECT GRANTS TO 
                   PARTNERSHIPS WITH TAX EXEMPT PARTNERS WITH LESS 
                   THAN 10 PERCENT INTEREST.

       (a) In General.--Subparagraph (D) of section 9023(e)(6) of 
     the Patient Protection and Affordable Care Act is amended by 
     inserting before the period the following: ``, other than a 
     partnership or entity in which the aggregate equity and 
     profits interests held by all such partners and other holders 
     so described, at any time during a taxable year beginning in 
     2009 or 2010, does not exceed 10 percent of all of the total 
     equity or profits interests in the partnership''.
       (b) Regulations.--Subsection (e) of section 9023 of the 
     Patient Protection and Affordable Care Act is amended by 
     adding at the end the following new paragraph:
       ``(13) Regulations.--The Secretary shall prescribe such 
     regulations as may be appropriate to carry out this 
     subsection, including regulations to prevent the abuse of, or 
     results inconsistent with the intent of, this subsection.''.
       (c) Effective Date.--The amendments made by this section 
     shall take effect as if included in section 9023 of the 
     Patient Protection and Affordable Care Act.
                                 ______
                                 
  SA 4485. Mr. PRYOR submitted an amendment intended to be proposed to 
amendment SA 4402 proposed by Mr. Reid (for Mr. Baucus (for himself, 
Ms. Landrieu, and Mr. Reid)) to the bill H.R. 5297, to create the Small 
Business Lending Fund Program to direct the Secretary of the Treasury 
to make capital investments in eligible institutions in order to 
increase the availability of credit for small businesses, to amend the 
Internal Revenue Code of 1986 to provide tax incentives for small 
business job creation, and for other purposes; which was ordered to lie 
on the table; as follows:

       On page 102, after line 21, add the following:

     SEC. 1336. PATRIOT EXPRESS LOAN PROGRAM.

       (a) Program.--
       (1) In general.--Section 7(a)(31) of the Small Business Act 
     (15 U.S.C. 636(a)(31)) is amended by adding at the end the 
     following:
       ``(G) Patriot express loan program.--
       ``(i) Definition.--In this subparagraph, the term `eligible 
     member of the military community'--

       ``(I) means--

       ``(aa) a veteran, including a service-disabled veteran;
       ``(bb) a member of the Armed Forces on active duty who is 
     eligible to participate in the Transition Assistance Program;
       ``(cc) a member of a reserve component of the Armed Forces;
       ``(dd) the spouse of an individual described in item (aa), 
     (bb), or (cc) who is alive;
       ``(ee) the widowed spouse of a deceased veteran, member of 
     the Armed Forces, or member of a reserve component of the 
     Armed Forces who died because of a service-connected (as 
     defined in section 101(16) of title 38, United States Code) 
     disability; and
       ``(ff) the widowed spouse of a deceased member of the Armed 
     Forces or member of a reserve component of the Armed Forces 
     relating to whom the Department of Defense may provide for 
     the recovery, care, and disposition of the remains of the 
     individual under paragraph (1) or (2) of section 1481(a) of 
     title 10, United States Code; and

       ``(II) does not include an individual who was discharged or 
     released from the active military, naval, or air service 
     under dishonorable conditions.

       ``(ii) Loan guarantees.--The Administrator shall establish 
     a Patriot Express Loan Program, under which the Administrator 
     may guarantee loans under this paragraph made by express 
     lenders to eligible members of the military community.
       ``(iii) Loan terms.--

       ``(I) In general.--Except as provided in this clause, a 
     loan under this subparagraph shall be made on the same terms 
     as other loans under the Express Loan Program.
       ``(II) Use of funds.--A loan guaranteed under this 
     subparagraph may be used for any business purpose, including 
     start-up or expansion costs, purchasing equipment, working 
     capital, purchasing inventory, or purchasing business-
     occupied real-estate.
       ``(III) Maximum amount.--The Administrator may guarantee a 
     loan under this subparagraph of not more than $1,000,000.
       ``(IV) Guarantee rate.--The guarantee rate for a loan under 
     this subparagraph shall be the greater of--

       ``(aa) the rate otherwise applicable under paragraph 
     (2)(A);
       ``(bb) 85 percent for a loan of not more than $500,000; and
       ``(cc) 80 percent for a loan of more than $500,000.''.
       (2) GAO report.--
       (A) Definition.--In this paragraph, the term ``programs'' 
     means--
       (i) the Patriot Express Loan Program under section 
     7(a)(31)(G) of the Small Business Act, as added by paragraph 
     (1); and
       (ii) the increased veteran participation pilot program 
     under section 7(a)(32) of the Small Business Act, as added by 
     section 208 of the Military Reservist and Veteran Small 
     Business Reauthorization and Opportunity Act of 2008 (Public 
     Law 110-186; 122 Stat. 631), as in effect on the day before 
     the date of enactment of this Act.
       (B) Report requirement.--Not later than 1 year after the 
     date of enactment of this Act, the Comptroller General of the 
     United States shall submit to the Committee on Small Business 
     and Entrepreneurship of the Senate and the Committee on Small 
     Business of the House of Representatives a report on the 
     programs.
       (C) Contents.--The report submitted under subparagraph (B) 
     shall include--
       (i) the number of loans made under the programs;
       (ii) a description of the impact of the programs on members 
     of the military community eligible to participate in the 
     programs;
       (iii) an evaluation of the efficacy of the programs;
       (iv) an evaluation of the actual or potential fraud and 
     abuse under the programs; and
       (v) recommendations for improving the Patriot Express Loan 
     Program under section 7(a)(31)(G) of the Small Business Act, 
     as added by paragraph (1).
       (b) Fee Reduction.--
       (1) In general.--Section 7(a)(18) of the Small Business Act 
     (15 U.S.C. 636(a)(18)) is amended--
       (A) in subparagraph (A), in the matter preceding clause 
     (i), by striking ``With respect to'' and inserting ``Except 
     as provided in subparagraph (C), with respect to''; and
       (B) by adding at the end the following:
       ``(C) Military community.--For an eligible member of the 
     military community (as defined in paragraph (31)(G)(i)), the 
     fee for a loan guaranteed under this subsection, except for a 
     loan guaranteed under subparagraph (G) of paragraph (31), 
     shall be equal to 75 percent of the fee otherwise applicable 
     to the loan under subparagraph (A).''.
       (2) Conforming amendment to temporary fee reduction.--
     Section 501(a)(2) of the American Recovery and Reinvestment 
     Act of 2009 (Public Law 111-5; 123 Stat. 151) is amended by 
     striking ``section 7(a)(18)(A) of the Small Business Act (15 
     U.S.C. 636(a)(18)(A))'' and inserting ``subparagraph (A) or 
     (C) of section 7(a)(18) of the Small Business Act (15 U.S.C. 
     636(a)(18))''.
       (c) Technical and Conforming Amendments.--
       (1) In general.--Section 7(a) of the Small Business Act (15 
     U.S.C. 636(a)) is amended--
       (A) by striking paragraph (33), as redesignated by section 
     1133 of this Act;
       (B) by redesignating paragraph (34), as added by section 
     1133 of this Act, as paragraph (33); and
       (C) by redesignating paragraph (35), as added by section 
     1206 of this Act, as paragraph (34).
       (2) Sunset.--Notwithstanding section 1133(b) of this Act, 
     effective September 30, 2013, section 7(a) of the Small 
     Business Act (15 U.S.C. 636(a)) is amended--
       (A) by striking paragraph (33), as so redesignated by 
     paragraph (1)(B) of this subsection; and
       (B) by redesignating paragraph (34), as so redesignated by 
     paragraph (1)(C) of this subsection, as paragraph (33).
                                 ______
                                 
  SA 4486. Mr. PRYOR submitted an amendment intended to be proposed to 
amendment SA 4402 proposed by Mr. Reid (for Mr. Baucus (for himself, 
Ms. Landrieu, and Mr. Reid)) to the bill H.R. 5297, to create the Small 
Business Lending Fund Program to direct the Secretary of the Treasury 
to make capital investments in eligible institutions in order to 
increase the availability of credit for small businesses, to amend the 
Internal Revenue Code of 1986 to provide tax incentives for small 
business job creation, and for other purposes; which was ordered to lie 
on the table; as follows:

       At the end of subtitle B of title II, add the following:

             PART V--EARNED INCOME CREDIT - FRAUD REDUCTION

     SEC. 2141. FILERS OF SCHEDULE C (PROFIT OR LOSS FROM 
                   BUSINESS).

       (a) In General.--Section 32 of the Internal Revenue Code of 
     1986 is amended by adding at the end the following new 
     subsection:
       ``(n) Information Regarding Schedule C Filers.--
       ``(1) Taxpayer information.--For any taxable year beginning 
     after December 31, 2009, any taxpayer who is required to file 
     a Federal schedule C and also claims the credit under this 
     section with respect to 1 or more qualifying children shall 
     include on the return of tax for such taxable year a sales 
     tax identification number, professional license number, or 
     its equivalent (if any) issued by

[[Page S5998]]

     any State which relates to income reported on such schedule.
       ``(2) State information.--For any taxable year beginning 
     after December 31, 2009, each State shall forward to the 
     Secretary, in a format to be determined by the Secretary, a 
     sales tax identification number, professional license number, 
     or its equivalent (if any) for each taxpayer issued such a 
     number, along with the taxpayer's name and address, not later 
     than a date in the following calendar year determined by the 
     Secretary.
       ``(3) Comparison of information.--The Secretary shall 
     compare the information obtained under paragraphs (1) and (2) 
     for each taxable year and shall request that any taxpayer who 
     provided information on Federal schedule C that did not 
     correspond with the information provided by a State, did not 
     submit a number, or did not attach 1 or more Federal forms 
     1099 relating to the income reported on the Federal schedule 
     C to the return of tax for such taxable year--
       ``(A) submit the correct number,
       ``(B) provide the Secretary 1 or more Federal forms 1099 
     relating to such income, or
       ``(C) document the existence of the business relating to 
     such income.

     Notwithstanding section 6103(d)(1), the Secretary shall, 
     without a preceding request, share the results of the 
     comparison and the documentation of the business with the 
     corresponding State.
       ``(4) Denial of credit.--No credit shall be allowed under 
     this section for any taxable year to any taxpayer who fails 
     to meet the requirements of paragraphs (1) or (3) for such 
     taxable year.
       ``(5) Documentation requirements.--For purposes of 
     paragraph (3)(C), a taxpayer may document the existence of a 
     business relating to the income reported on a Federal 
     schedule C for any taxable year by providing the Secretary--
       ``(A) 1 or more Federal forms 1099 relating to such income,
       ``(B) a document which reflects the registration of such 
     business with a local or State government,
       ``(C) 1 or more business contracts relating to such income,
       ``(D) 1 or more sales invoices relating to such income, or
       ``(E) any other document the Secretary deems appropriate.
       ``(6) Exceptions.--This subsection shall not apply to--
       ``(A) any taxpayer's return of tax with a Federal schedule 
     C prepared under the auspices of the Volunteer Income Tax 
     Assistance Program or the Tax Counseling for the Elderly 
     Program, or
       ``(B) any taxable year if at any time during such taxable 
     year the taxpayer or the taxpayer's spouse is performing 
     qualified official extended duty service (as defined in 
     section 36(f)(4)(E)(ii)) outside the United States.''.
       (b) Mathematical or Clerical Error.--Section 6213(g)(2) of 
     the Internal Revenue Code of 1986 is amended by striking 
     ``and'' at the end of subparagraph (O), by striking the 
     period at the end of subparagraph (P) and inserting ``, 
     and'', and by inserting after subparagraph (P) the following 
     new subparagraph:
       ``(Q) An omission of a State sales tax identification 
     number, professional license number, or its equivalent as 
     required under section 32(n) to be included on a return of 
     tax.''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after December 31, 
     2009.

     SEC. 2142. PUNISHMENT FOR AGGRAVATED IDENTITY THEFT INVOLVING 
                   THE EARNED INCOME CREDIT.

       (a) In General.--Section 1028A(a) of title 18, United 
     States Code, is amended by adding at the end the following 
     new paragraph:
       ``(3) Identity theft involving the earned income credit.--
     Whoever, during and in relation to any felony violation under 
     section 7201 or 7206 of the Internal Revenue Code of 1986, in 
     relation to the attempt to meet any requirement under section 
     32 of such Code, knowingly transfers, possesses, or uses, 
     without lawful authority, a means of identification of 
     another person, a corporation, an organization, or a business 
     entity, or a false identification document shall, in addition 
     to the punishment provided for such a felony under section 
     1028, be sentenced to a term of imprisonment of not more than 
     5 years.''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to any transfer, possession, or use after the 
     date of the enactment of this Act.

     SEC. 2143. REQUIRING THE SECRETARY OF HEALTH AND HUMAN 
                   SERVICES TO PROHIBIT THE DISPLAY OF SOCIAL 
                   SECURITY ACCOUNT NUMBERS ON MEDICARE 
                   IDENTIFICATION CARDS.

       (a) In General.--Not later than 3 years after the date of 
     the enactment of this Act, the Secretary of Health and Human 
     Services shall establish and begin to implement procedures to 
     eliminate the unnecessary collection, use, and display of 
     Social Security account numbers of Medicare beneficiaries.
       (b) Medicare Cards.--
       (1) New cards.--Not later than 3 years after the date of 
     the enactment of this Act, the Secretary of Health and Human 
     Services shall ensure that each newly issued Medicare 
     identification card meets the requirements described in 
     paragraph (3).
       (2) Replacement of existing cards.--Not later than 5 years 
     after the date of the enactment of this Act, the Secretary of 
     Health and Human Services shall ensure that all Medicare 
     beneficiaries have been issued a Medicare identification card 
     that meets the requirements of paragraph (3).
       (3) Requirements.--The requirements described in this 
     paragraph are, with respect to a Medicare identification 
     card, that the card does not display or electronically store 
     (in an unencrypted format) a Medicare beneficiary's Social 
     Security account number.
       (c) Medicare Beneficiary Defined.--In this section, the 
     term ``Medicare beneficiary'' means an individual who is 
     entitled to, or enrolled for, benefits under part A of title 
     XVIII of the Social Security Act or enrolled under part B of 
     such title.
       (d) Conforming Reference in the Social Security Act.--
     Section 205(c)(2)(C) of the Social Security Act (42 U.S.C. 
     405(c)(2)(C)) is amended by adding at the end the following 
     new clause:
       ``(x) For provisions relating to requiring the Secretary of 
     Health and Human Services to prohibit the display of Social 
     Security account numbers on Medicare identification cards, 
     see section 2143 of the Small Business Jobs Act of 2010.''.
       (e) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as may be necessary to carry out 
     this section.
                                 ______
                                 
  SA 4487. Mr. PRYOR submitted an amendment intended to be proposed to 
amendment SA 4402 proposed by Mr. Reid (for Mr. BAUCUS (for himself, 
Ms. Landrieu, and Mr. Reid)) to the bill H.R. 5297, to create the Small 
Business Lending Fund Program to direct the Secretary of the Treasury 
to make capital investments in eligible institutions in order to 
increase the availability of credit for small businesses, to amend the 
Internal Revenue Code of 1986 to provide tax incentives for small 
business job creation, and for other purposes; which was ordered to lie 
on the table; as follows:

       At the end of part II of subtitle A of title II, add the 
     following:

     SEC. 2023. ESTABLISHMENT OF SMALL BUSINESS STARTUP SAVINGS 
                   ACCOUNTS.

       (a) In General.--Subpart A of part I of subchapter D of 
     chapter 1 of the Internal Revenue Code of 1986 is amended by 
     inserting after section 408A the following new section:

     ``SEC. 408B. SMALL BUSINESS STARTUP SAVINGS ACCOUNTS.

       ``(a) General Rule.--Except as provided in this section, a 
     Small Business Startup Savings Account shall be treated for 
     purposes of this title in the same manner as an individual 
     retirement plan.
       ``(b) Small Business Startup Savings Account.--For purposes 
     of this title, the term `Small Business Startup Savings 
     Account' means a tax preferred savings plan which is 
     designated at the time of establishment of the plan as a 
     Small Business Startup Savings Account. Such designation 
     shall be made in such manner as the Secretary may prescribe.
       ``(c) Treatment of Contributions.--
       ``(1) No deduction allowed.--No deduction shall be allowed 
     under section 219 for a contribution to a Small Business 
     Startup Savings Account.
       ``(2) Contribution limit.--
       ``(A) In general.--The aggregate amount of contributions 
     for any taxable year to all Small Business Startup Savings 
     Accounts maintained for the benefit of an individual shall 
     not exceed $10,000.
       ``(B) Aggregate limitation.--The aggregate of the amounts 
     which may be taken into account under subparagraph (A) for 
     all taxable years with respect to all Small Business Startup 
     Savings Accounts maintained for the benefit of an individual 
     shall not exceed $150,000.
       ``(C) Cost of living adjustment.--The Secretary shall 
     adjust annually the $10,000 amount in subparagraph (A) for 
     increases in the cost-of-living at the same time and in the 
     same manner as adjustments under section 415(d); except that 
     the base period shall be the calendar quarter beginning July 
     1, 2010, and any increase which is not a multiple of $500 
     shall be rounded to the next lowest multiple of $500.
       ``(3) Contributions permitted after age 70\1/2\.--
     Contributions to a Small Business Startup Savings Account may 
     be made even after the individual for whom the account is 
     maintained has attained age 70\1/2\.
       ``(4) Rollovers from retirement plans not allowed.--A 
     taxpayer shall not be allowed to make a qualified rollover 
     contribution to a Small Business Startup Savings Account from 
     any qualified retirement plan (as defined in section 
     4974(c)).
       ``(d) Distribution Rules.--For purposes of this title--
       ``(1) General rules.--
       ``(A) Limitations on distributions.--All qualified 
     distributions from a Small Business Startup Savings Account--
       ``(i) shall be limited to a single business, and
       ``(ii) must be disbursed not later than the last day of the 
     5th taxable year beginning after the initial disbursement.
       ``(B) Exclusions from gross income.--Any qualified 
     distribution from a Small Business Startup Savings Account 
     shall not be includible in gross income.

[[Page S5999]]

       ``(2) Qualified distribution.--For purposes of this 
     subsection, the term `qualified distribution' means any 
     payment or distribution made for operating capital, the 
     purchase of equipment or facilities, marketing, training, 
     incorporation, and accounting fees.
       ``(3) Nonqualified distributions.--
       ``(A) In general.--In applying section 72 to any 
     distribution from a Small Business Startup Savings Account 
     which is not a qualified distribution, such distribution 
     shall be treated as made from contributions to the Small 
     Business Startup Savings Account to the extent that such 
     distribution, when added to all previous distributions from 
     the Small Business Startup Savings Account, does not exceed 
     the aggregate amount of contributions to the Small Business 
     Startup Savings Account.
       ``(B) Treatment of amounts remaining in account.--Any 
     remaining amount in a Small Business Startup Savings Account 
     following the date described in paragraph (1)(A)(ii) shall be 
     treated as distributed during the taxable year following such 
     date and such distribution shall not be treated as a 
     qualified distribution.
       ``(4) Rollovers to a roth ira.--Subject to the application 
     of the treatment of contributions in section 408A(c), 
     distributions from a Small Business Startup Savings Account 
     may be rolled over into a Roth IRA.''.
       (b) Excess Contributions.--Section 4973 of the Internal 
     Revenue Code of 1986 is amended by adding at the end the 
     following new subsection:
       ``(h) Excess Contributions to Small Business Startup 
     Savings Accounts.--For purposes of this section, in the case 
     of contributions to all Small Business Startup Savings 
     Accounts (within the meaning of section 408B(b)) maintained 
     for the benefit of an individual, the term `excess 
     contributions' means the sum of--
       ``(1) the excess (if any) of--
       ``(A) the amount contributed to such accounts for the 
     taxable year, over
       ``(B) the amount allowable as a contribution under section 
     408B(c)(2) for such taxable year, and
       ``(2) the amount determined under this subsection for the 
     preceding taxable year, reduced by the sum of--
       ``(A) the distributions out of the accounts for the taxable 
     year, and
       ``(B) the excess (if any) of--
       ``(i) the maximum amount allowable as a contribution under 
     section 408B(c)(2) for such taxable year, over
       ``(ii) the amount contributed to such accounts for such 
     taxable year.''.
       (c) Conforming Amendment.--The table of sections for 
     subpart A of part I of subchapter D of chapter 1 of the 
     Internal Revenue Code of 1986 is amended by inserting after 
     the item relating to section 408A the following new item:

``Sec. 408B. Small Business Startup Savings Accounts.''.

       (d) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after December 31, 
     2009.

                          ____________________