S.Amdt. 4626Senate117th Congress (2021-2023)2nd degree
S.Amdt. 4626
Sponsored by
Sen. Christopher A. Coons (D-DE)
Submitted November 15, 2021
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Senate amendment submitted
November 15, 2021
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Submitted
SA 4626. Mr. COONS submitted an amendment intended to be proposed to amendment SA 3867 submitted by Mr. Reed and intended to be proposed to the bill H.R. 4350, to authorize appropriations for fiscal year 2022 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows: At the end of subtitle G of title XII, add the following: SEC. 1283. BUDGETARY TREATMENT OF EQUITY INVESTMENTS BY UNITED STATES INTERNATIONAL DEVELOPMENT FINANCE CORPORATION. (a) In General.--Section 1421(c) of the Better Utilization of Investments Leading to Development Act of 2018 (22 U.S.C. 9621(c)) is amended by adding at the end the following: ``(7) Present value of equity account.--There is established in the Treasury an account, to be known as the `Present Value of Equity Account', to carry out this subsection. ``(8) Budgetary treatment of equity investments.-- ``(A) Calculation of costs of support.--Subject to subparagraph (B), the cost of support provided under paragraph (1) shall be estimated on a present value basis, excluding administrative costs and any incidental effects on governmental receipts or outlays. ``(B) Determination of cost.-- ``(i) In general.--The cost of support provided under paragraph (1) with respect to a project shall be the net present value, at the time when funds are disbursed to provide the support, of the following estimated cash flows: ``(I) The purchase price of the support. ``(II) Dividends, redemptions, and other shareholder distributions during the term of the support. ``(III) Proceeds received upon a sale, redemption, or other liquidation of the support. ``(IV) Foreign currency fluctuations, in the case of support denominated in foreign currencies. ``(V) Any other relevant cash flow. ``(ii) Changes in terms included.--The estimated cash flows described in subclauses (I) through (V) of clause (i) shall include the effects of changes in terms resulting from the exercise of options included in the agreement to provide the support. [[Page S8151]] ``(iii) Discount rate.--The discount rate shall be the average interest rate on marketable Treasury securities of similar maturity to support provided under paragraph (1). ``(C) Coordination.--The Director of the Office of Management and Budget shall be responsible for coordinating the cost estimates required by this paragraph. ``(D) Transfer.--Upon approval by the Director of the Office of Management and Budget, and subject to the availability of appropriations, an amount equal to the cost of support determined under subparagraphs (A) and (B) shall be transferred from the Corporate Capital Account to the Present Value of Equity Account. ``(E) Differential amount.-- ``(i) Appropriation.--For any fiscal year, upon the transfer of an amount pursuant to subparagraph (D), and contingent upon the enactment of a limitation establishing an aggregate differential amount in an appropriations Act for that fiscal year, an amount equal to the differential amount shall be appropriated, out of any money in the Treasury not otherwise appropriated, to the Present Value of Equity Account. ``(ii) Treatment as direct spending.--An amount appropriated pursuant to clause (i) shall be recorded as direct spending (as defined by section 250(c)(8) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 900(c)(8)). ``(iii) Budgetary effects.--The following shall apply to budget enforcement under the Congressional Budget Act of 1974 (2 U.S.C. 601 et seq.), the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 900 et seq.), and the Statutory Pay-As-You-Go Act of 2010 (2 U.S.C. 931 et seq.): ``(I) Future appropriations.--Any amount appropriated pursuant to clause (i) shall not be recorded as budget authority or outlays for purposes of any estimate under the Congressional Budget Act of 1974 or the Balanced Budget and Emergency Deficit Control Act of 1985. ``(II) Statutory paygo scorecards.--The budgetary effects of any amounts appropriated pursuant to clause (i) shall not be entered on either PAYGO scorecard maintained pursuant to section 4(d) of the Statutory Pay As-You-Go Act of 2010 (2 U.S.C. 933(d)). ``(III) Senate paygo scorecards.--The budgetary effects of any amounts appropriated pursuant to clause (i) shall not be entered on any PAYGO scorecard maintained for purposes of section 4106 of H. Con. Res. 71 (115th Congress). ``(IV) Elimination of credit for cancellation or rescission of differential.--If there is enacted into law an Act that rescinds or reduces an amount appropriated pursuant to clause (i), the amount of any such rescission or reduction shall not be-- ``(aa) estimated as a reduction in direct spending under the Congressional Budget Act of 1974 or the Balanced Budget and Emergency Deficit Control Act of 1985; or ``(bb) entered on either PAYGO scorecard maintained pursuant to section 4(d) of the Statutory Pay As-You-Go Act of 2010 or any PAYGO scorecard maintained for purposes of section 4106 of H. Con. Res. 71 (115th Congress). ``(iv) Differential amount defined.--In this subparagraph, the term `differential amount' means-- ``(I) except as provided in subclause (II), the difference between the cost of support provided under paragraph (1), as determined under subparagraphs (A) and (B), and the purchase price of the equity investment involved; or ``(II) if the cost of support is determined under subparagraph (B) to be zero, the purchase price of the equity investment involved. ``(F) Purchases of equity under this section.--Purchases of equity products by the Corporation under this subsection shall be made at the face value of the equity purchased, by combining the cost, as defined in subparagraph (B) and the differential amount (as defined in subparagraph (E)(iv)). ``(G) Limitation.--The budgetary treatment described in this paragraph applies only with respect to purchases of equity made pursuant to this subsection. ``(H) Implementation.--The Corporation shall submit to the appropriate congressional committees a notice of the effective date of this paragraph. ``(9) Miscellaneous receipts from dividends and sales of equity purchases.--Any proceeds related to the purchase or sale equity investments under this subsection shall be deposited into the Treasury as miscellaneous receipts.''. (b) Conforming Amendments.--Section 1434 of the Better Utilization of Investments Leading to Development Act of 2018 (22 U.S.C. 9634) is amended-- (1) in subsection (b)(6), by inserting after ``guaranties'' the following: ``or any transactions and associated income recorded using the budgetary treatment described in section 1421(c)(8)''; (2) in subsection (d)(2), by inserting ``and excluding investments equity and related income associated with purchases using the budgetary treatment described in section 1421(c)(8),'' after ``guaranties,''; and (3) in subsection (h), by striking ``earnings collected related to equity investments,''. ______