March 16, 2011: Congressional Record publishes “TEXT OF AMENDMENTS”

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Volume 157, No. 40 covering the 1st Session of the 112th Congress (2011 - 2012) was published by the Congressional Record.

The Congressional Record is a unique source of public documentation. It started in 1873, documenting nearly all the major and minor policies being discussed and debated.

“TEXT OF AMENDMENTS” mentioning the Environmental Protection Agency was published in the Senate section on pages S1758-S1766 on March 16, 2011.

The publication is reproduced in full below:

TEXT OF AMENDMENTS

SA 229. Mr. PRYOR (for himself and Mr. Brown of Ohio) submitted an amendment intended to be proposed by him to the bill S. 493, to reauthorize and improve the SBIR and STTR programs, and for other purposes; as follows:

On page 116, after line 24, add the following:

SEC. 504. 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)(33) of the Small Business Act, 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.

(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.--Section 7(a)(18) of the Small Business Act (15 U.S.C. 636(a)(18)) is amended--

(1) 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

(2) 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).''.

(1) Small business act.--Section 7(a) of the Small Business Act (15 U.S.C. 636(a)) is amended--

(A) by striking paragraph (33); and

(B) by redesignating paragraphs (34) and (35) as paragraphs

(33) and (34), respectively.

(2) Small business jobs act of 2010.--Section 1133(b) of the Small Business Jobs Act of 2010 (Public Law 111-240; 124 Stat. 2515) is amended by striking paragraphs (1) and (2) and inserting the following:

``(1) by striking paragraph (33), as redesignated by section 504(c) of the SBIR/STTR Reauthorization Act of 2011; and

``(2) by redesignating paragraph (34), as redesignated by section 504(c) of the SBIR/STTR Reauthorization Act of 2011, as paragraph (33).''.

(d) Reduction of Government Printing Costs.--

(1) Strategy and guidelines.--Not later than 180 days after the date of enactment of this Act, the Director of the Office of Management and Budget shall coordinate with the heads of the Executive departments and independent establishments, as those terms are defined in chapter 1 of title 5, United States Code--

(A) to develop a strategy to reduce Government printing costs during the 10-year period beginning on September 1, 2011; and

(B) to issue Government-wide guidelines for printing that implements the strategy developed under subparagraph (A).

(2) Considerations.--

(A) In general.--In developing the strategy under paragraph

(1)(A), the Director of the Office of Management and Budget and the heads of the Executive departments and independent establishments shall consider guidelines for--

(i) duplex and color printing;

(ii) the use of digital file systems by Executive departments and independent establishments; and

(iii) determine which Government publications might be made available on Government Web sites instead of being printed.

(B) Essential printed documents.--The Director of the Office of Management and Budget shall ensure that printed versions of documents that the Director determines are essential to individuals entitled to or enrolled for benefits under part A of title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.) or enrolled for benefits under part B of such title, individuals who receive old-age survivors' or disability insurance payments under title II of such Act (42 U.S.C. 401 et seq.), and other individuals with limited ability to use or access the Internet have access to printed versions of documents that the Director are available after the issuance of the guidelines under paragraph (1)(B).

______

SA 230. Mr. PRYOR submitted an amendment intended to be proposed by him to the bill S. 493, to reauthorize and improve the SBIR and STTR programs, and for other purposes; which was ordered to lie on the table; as follows.

Strike section 501 and insert the following:

SEC. 501. NATIONALLY IMPORTANT RESEARCH TOPICS AND CRITICAL

TECHNOLOGIES.

(a) SBIR Program.--Section 9(g) of the Small Business Act

(15 U.S.C. 638(g)) is amended--

(1) in paragraph (3), by striking ``critical technologies'' and all that follows and inserting the following:

``nationally important research topics or critical technologies, including nationally important research topics or critical technologies identified by the Interagency SBIR/STTR Policy Committee;''; and

(2) by adding after paragraph (12), as added by section 111(a) of this Act, the following:

``(13) encourage applications under the SBIR program (to the extent that the projects relate to the mission of the Federal agency)--

``(A) from small business concerns in geographic areas underrepresented in the SBIR program or located in rural areas (as defined in section 1393(a)(2) of the Internal Revenue Code of 1986);

``(B) small business concerns owned and controlled by women;

``(C) small business concerns owned and controlled by veterans;

``(D) small business concerns owned and controlled by Native Americans; and

``(E) small business concerns located in a geographic area with an unemployment rates that exceed the national unemployment rate, based on the most recently available monthly publications of the Bureau of Labor Statistics of the Department of Labor.''.

(b) STTR Program.--Section 9(o) of the Small Business Act

(15 U.S.C. 638(o)), as amended by section 111(b) of this Act, is amended--

(1) in paragraph (3), by striking ``critical technologies'' and all that follows and inserting the following:

``nationally important research topics or critical technologies, including nationally important research topics or critical technologies identified by the Interagency SBIR/STTR Policy Committee;'';

(2) in paragraph (15), by striking ``and'' at the end;

(3) in paragraph (16), by striking the period at the end and inserting ``; and''; and

(4) by adding at the end the following:

``(17) encourage applications under the STTR program (to the extent that the projects relate to the mission of the Federal agency)--

``(A) from small business concerns in geographic areas underrepresented in the STTR program or located in rural areas (as defined in section 1393(a)(2) of the Internal Revenue Code of 1986);

``(B) small business concerns owned and controlled by women;

``(C) small business concerns owned and controlled by veterans;

``(D) small business concerns owned and controlled by Native Americans; and

(1) Amendment.--Section 9 of the Small Business Act (15 U.S.C. 638) is amended by adding after subsection (mm), as added by section 503 of this Act, the following:

``(nn) Biennial Report on Nationally Important Research Topics and Critical Technologies.--

``(1) Report required.--

``(A) In general.--Not later than October 1, 2012, and every 2 years thereafter, the Interagency SBIR/STTR Policy Committee 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 that identifies nationally important research topics and critical technologies. For purposes of this subsection, a nationally important research topic or critical technology may include a research topic or technology that relates to nanotechnology, rare diseases, security, energy, transportation, improving the security and quality of the water supply of the United States, or the efficiency of water delivery systems.

``(B) Contents.--Each report required under subparagraph

(A) shall include, for each research topic or critical technology identified in the report--

``(i) the reasons the Interagency SBIR/STTR Policy Committee selected the research topic or technology;

``(ii) the state of the development of the research topic or technology in the United States and in other countries; and

``(iii) an estimate of the current and anticipated level of research and development efforts in the United States concerning the research topic or technology.

``(C) Maximum number of nationally important research topics and critical technologies.--A report submitted under subparagraph (A) may not identify more than 30 research topics and technologies as nationally important research topics or critical technologies.

``(2) Determination of national importance.--

``(A) Determination.--The Interagency SBIR/STTR Policy Committee may identify a research topic or technology as a nationally important research topic or critical technology if the Interagency SBIR/STTR Policy Committee determines it is essential for the United States to develop the research topic or technology to further the long-term national security or economic prosperity of the United States.

``(B) Considerations.--In making a determination under subparagraph (A), the Interagency SBIR/STTR Policy Committee shall consider--

``(i) reports by the National Academies of Science; and

``(ii) other nationally recognized strategic plans, strategies, or roadmaps.''.

(2) Prospective repeal.--Effective September 30, 2016, section 9 of the Small Business Act (15 U.S.C. 638), as amended by this subsection, is amended--

(A) in subsection (g)(3), by striking ``, including nationally important research topics or critical technologies identified by the Interagency SBIR/STTR Policy Committee'';

(B) in subsection (o)(3), by striking ``, including nationally important research topics or critical technologies identified by the Interagency SBIR/STTR Policy Committee''; and

______

SA 231. Mr. PAUL (for himself, Mr. Grassley, Mr. Portman, Mr. Rubio, Mr. Enzi, and Mr. Lee) submitted an amendment intended to be proposed by him to the bill S. 493, to reauthorize and improve the SBIR and STTR programs, and for other purposes; which was ordered to lie on the table; as follows.

At the appropriate place, insert the following:

SEC. ___. REGULATIONS FROM THE EXECUTIVE IN NEED OF SCRUTINY.

(a) Short Title.--This section may be cited as the

``Regulations From the Executive in Need of Scrutiny Act of 2011'' or the ``REINS Act''.

(b) Findings and Purpose.--

(1) Findings.--Congress finds the following:

(A) Section 1 of article I of the United States Constitution grants all legislative powers to Congress.

(B) Over time, Congress has excessively delegated its constitutional charge while failing to conduct appropriate oversight and retain accountability for the content of the laws it passes.

(C) By requiring a vote in Congress, this Act will result in more carefully drafted and detailed legislation, an improved regulatory process, and a legislative branch that is truly accountable to the people of the United States for the laws imposed upon them.

(2) Purpose.--The purpose of this Act is to increase accountability for and transparency in the Federal regulatory process.

``CHAPTER 8--CONGRESSIONAL REVIEW OF AGENCY RULEMAKING

``Sec.

``801. Congressional review.

``802. Congressional approval procedure for major rules.

``803. Congressional disapproval procedure for nonmajor rules.

``804. Definitions.

``805. Judicial review.

``806. Exemption for monetary policy.

``807. Effective date of certain rules.

``Sec. 801. Congressional review

``(a)(1)(A) Before a rule may take effect, the Federal agency promulgating such rule shall submit to each House of the Congress and to the Comptroller General a report containing--

``(i) a copy of the rule;

``(ii) a concise general statement relating to the rule;

``(iii) a classification of the rule as a major or nonmajor rule, including an explanation of the classification specifically addressing each criteria for a major rule contained within sections 804(2)(A), 804(2)(B), and 804(2)(C);

``(iv) a list of any other related regulatory actions intended to implement the same statutory provision or regulatory objective as well as the individual and aggregate economic effects of those actions; and

``(v) the proposed effective date of the rule.

``(B) On the date of the submission of the report under subparagraph (A), the Federal agency promulgating the rule shall submit to the Comptroller General and make available to each House of Congress--

``(i) a complete copy of the cost-benefit analysis of the rule, if any;

``(ii) the agency's actions under title 5 of the United States Code, sections 603, 604, 605, 607, and 609;

``(iii) the agency's actions under sections 202, 203, 204, and 205 of the Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1532, 1533, 1534, and 1535); and

``(iv) any other relevant information or requirements under any other Act and any relevant Executive orders.

``(C) Upon receipt of a report submitted under subparagraph

(A), each House shall provide copies of the report to the chairman and ranking member of each standing committee with jurisdiction under the rules of the House of Representatives or the Senate to report a bill to amend the provision of law under which the rule is issued.

``(2)(A) The Comptroller General shall provide a report on each major rule to the committees of jurisdiction by the end of 15 calendar days after the submission or publication date as provided in section 802(b)(2). The report of the Comptroller General shall include an assessment of the agency's compliance with procedural steps required by paragraph (1)(B).

``(B) Federal agencies shall cooperate with the Comptroller General by providing information relevant to the Comptroller General's report under subparagraph (A).

``(3) A major rule relating to a report submitted under paragraph (1) shall take effect upon enactment of a joint resolution of approval described in section 802 or as provided for in the rule following enactment of a joint resolution of approval described in section 802, whichever is later.

``(4) A nonmajor rule shall take effect as provided by section 803 after submission to Congress under paragraph (1).

``(5) If a joint resolution of approval relating to a major rule is not enacted within the period provided in subsection

(b)(2), then a joint resolution of approval relating to the same rule may not be considered under this chapter in the same Congress by either the House of Representatives or the Senate.

``(b)(1) A major rule shall not take effect unless the Congress enacts a joint resolution of approval described under section 802.

``(2) If a joint resolution described in subsection (a) is not enacted into law by the end of 70 session days or legislative days, as applicable, beginning on the date on which the report referred to in section 801(a)(1)(A) is received by Congress (excluding days either House of Congress is adjourned for more than 3 days during a session of Congress), then the rule described in that resolution shall be deemed not to be approved and such rule shall not take effect.

``(c)(1) Notwithstanding any other provision of this section (except subject to paragraph (3)), a major rule may take effect for one 90-calendar-day period if the President makes a determination under paragraph (2) and submits written notice of such determination to the Congress.

``(2) Paragraph (1) applies to a determination made by the President by Executive order that the major rule should take effect because such rule is--

``(A) necessary because of an imminent threat to health or safety or other emergency;

``(B) necessary for the enforcement of criminal laws;

``(C) necessary for national security; or

``(D) issued pursuant to any statute implementing an international trade agreement.

``(3) An exercise by the President of the authority under this subsection shall have no effect on the procedures under section 802.

``(d)(1) In addition to the opportunity for review otherwise provided under this chapter, in the case of any rule for which a report was submitted in accordance with subsection (a)(1)(A) during the period beginning on the date occurring--

``(A) in the case of the Senate, 60 session days, or

``(B) in the case of the House of Representatives, 60 legislative days,

before the date the Congress is scheduled to adjourn a session of Congress through the date on which the same or succeeding Congress first convenes its next session, sections 802 and 803 shall apply to such rule in the succeeding session of Congress.

``(2)(A) In applying sections 802 and 803 for purposes of such additional review, a rule described under paragraph (1) shall be treated as though--

``(i) such rule were published in the Federal Register on--

``(I) in the case of the Senate, the 15th session day, or

``(II) in the case of the House of Representatives, the 15th legislative day,after the succeeding session of Congress first convenes; and

``(ii) a report on such rule were submitted to Congress under subsection (a)(1) on such date.

``(B) Nothing in this paragraph shall be construed to affect the requirement under subsection (a)(1) that a report shall be submitted to Congress before a rule can take effect.

``(3) A rule described under paragraph (1) shall take effect as otherwise provided by law (including other subsections of this section).

``Sec. 802. Congressional approval procedure for major rules

``(a) For purposes of this section, the term `joint resolution' means only a joint resolution introduced on or after the date on which the report referred to in section 801(a)(1)(A) is received by Congress (excluding days either House of Congress is adjourned for more than 3 days during a session of Congress), the matter after the resolving clause of which is as follows: `That Congress approves the rule submitted by the _ _ relating to _ _.' (The blank spaces being appropriately filled in).

``(1) In the House, the majority leader of the House of Representatives (or his designee) and the minority leader of the House of Representatives (or his designee) shall introduce such joint resolution described in subsection (a)

(by request), within 3 legislative days after Congress receives the report referred to in section 801(a)(1)(A).

``(2) In the Senate, the majority leader of the Senate (or his designee) and the minority leader of the Senate (or his designee) shall introduce such joint resolution described in subsection (a) (by request), within 3 session days after Congress receives the report referred to in section 801(a)(1)(A).

``(b)(1) A joint resolution described in subsection (a) shall be referred to the committees in each House of Congress with jurisdiction under the rules of the House of Representatives or the Senate to report a bill to amend the provision of law under which the rule is issued.

``(2) For purposes of this section, the term `submission date' means the date on which the Congress receives the report submitted under section 801(a)(1).

``(c) In the Senate, if the committee or committees to which a joint resolution described in subsection (a) has been referred have not reported it at the end of 15 session days after its introduction, such committee or committees shall be automatically discharged from further consideration of the resolution and it shall be placed on the calendar. A vote on final passage of the resolution shall be taken on or before the close of the 15th session day after the resolution is reported by the committee or committees to which it was referred, or after such committee or committees have been discharged from further consideration of the resolution.

``(d)(1) In the Senate, when the committee or committees to which a joint resolution is referred have reported, or when a committee or committees are discharged (under subsection (c)) from further consideration of a joint resolution described in subsection (a), it is at any time thereafter in order (even though a previous motion to the same effect has been disagreed to) for a motion to proceed to the consideration of the joint resolution, and all points of order against the joint resolution (and against consideration of the joint resolution) are waived. The motion is not subject to amendment, or to a motion to postpone, or to a motion to proceed to the consideration of other business. A motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order. If a motion to proceed to the consideration of the joint resolution is agreed to, the joint resolution shall remain the unfinished business of the Senate until disposed of.

``(2) In the Senate, debate on the joint resolution, and on all debatable motions and appeals in connection therewith, shall be limited to not more than 2 hours, which shall be divided equally between those favoring and those opposing the joint resolution. A motion to further limit debate is in order and not debatable. An amendment to, or a motion to postpone, or a motion to proceed to the consideration of other business, or a motion to recommit the joint resolution is not in order.

``(3) In the Senate, immediately following the conclusion of the debate on a joint resolution described in subsection

(a), and a single quorum call at the conclusion of the debate if requested in accordance with the rules of the Senate, the vote on final passage of the joint resolution shall occur.

``(4) Appeals from the decisions of the Chair relating to the application of the rules of the Senate to the procedure relating to a joint resolution described in subsection (a) shall be decided without debate.

``(e)(1) In the House of Representatives, if the committee or committees to which a joint resolution described in subsection (a) has been referred have not reported it at the end of 15 legislative days after its introduction, such committee or committees shall be automatically discharged from further consideration of the resolution and it shall be placed on the appropriate calendar. A vote on final passage of the resolution shall be taken on or before the close of the 15th legislative day after the resolution is reported by the committee or committees to which it was referred, or after such committee or committees have been discharged from further consideration of the resolution.

``(2)(A) A motion in the House of Representatives to proceed to the consideration of a resolution shall be privileged and not debatable. An amendment to the motion shall not be in order, nor shall it be in order to move to reconsider the vote by which the motion is agreed to or disagreed to.

``(B) Debate in the House of Representatives on a resolution shall be limited to not more than two hours, which shall be divided equally between those favoring and those opposing the resolution. A motion to further limit debate shall not be debatable. No amendment to, or motion to recommit, the resolution shall be in order. It shall not be in order to reconsider the vote by which a resolution is agreed to or disagreed to.

``(C) Motions to postpone, made in the House of Representatives with respect to the consideration of a resolution, and motions to proceed to the consideration of other business, shall be decided without debate.

``(D) All appeals from the decisions of the Chair relating to the application of the Rules of the House of Representatives to the procedure relating to a resolution shall be decided without debate.

``(f) If, before the passage by one House of a joint resolution of that House described in subsection (a), that House receives from the other House a joint resolution described in subsection (a), then the following procedures shall apply with respect to a joint resolution described in subsection (a) of the House receiving the joint resolution--

``(1) the procedure in that House shall be the same as if no joint resolution had been received from the other House; but

``(2) the vote on final passage shall be on the joint resolution of the other House.

``(g) The enactment of a resolution of approval does not serve as a grant or modification of statutory authority by Congress for the promulgation of a rule, does not extinguish or affect any claim, whether substantive or procedural, against any alleged defect in a rule, and shall not form part of the record before the court in any judicial proceeding concerning a rule.

``(h) This section and section 803 are enacted by Congress--

``(1) as an exercise of the rulemaking power of the Senate and House of Representatives, respectively, and as such it is deemed a part of the rules of each House, respectively, but applicable only with respect to the procedure to be followed in that House in the case of a joint resolution described in subsection (a), and it supersedes other rules only to the extent that it is inconsistent with such rules; and

``(2) with full recognition of the constitutional right of either House to change the rules (so far as relating to the procedure of that House) at any time, in the same manner, and to the same extent as in the case of any other rule of that House.

``Sec. 803. Congressional disapproval procedure for nonmajor rules

``(a) For purposes of this section, the term `joint resolution' means only a joint resolution introduced in the period beginning on the date on which the report referred to in section 801(a)(1)(A) is received by Congress and ending 60 days thereafter (excluding days either House of Congress is adjourned for more than 3 days during a session of Congress), the matter after the resolving clause of which is as follows:

`That Congress disapproves the nonmajor rule submitted by the _ _ relating to _ _, and such rule shall have no force or effect.' (The blank spaces being appropriately filled in).

``(b)(1) A joint resolution described in subsection (a) shall be referred to the committees in each House of Congress with jurisdiction.

``(2) For purposes of this section, the term `submission or publication date' means the later of the date on which--

``(A) the Congress receives the report submitted under section 801(a)(1); or

``(B) the nonmajor rule is published in the Federal Register, if so published.

``(c) In the Senate, if the committee to which is referred a joint resolution described in subsection (a) has not reported such joint resolution (or an identical joint resolution) at the end of 15 session days after the date of introduction of the joint resolution, such committee may be discharged from further consideration of such joint resolution upon a petition supported in writing by 30 Members of the Senate, and such joint resolution shall be placed on the calendar.

``(d)(1) In the Senate, when the committee to which a joint resolution is referred has reported, or when a committee is discharged (under subsection (c)) from further consideration of a joint resolution described in subsection (a), it is at any time thereafter in order (even though a previous motion to the same effect has been disagreed to) for a motion to proceed to the consideration of the joint resolution, and all points of order against the joint resolution (and against consideration of the joint resolution) are waived. The motion is not subject to amendment, or to a motion to postpone, or to a motion to proceed to the consideration of other business. A motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order. If a motion to proceed to the consideration of the joint resolution is agreed to, the joint resolution shall remain the unfinished business of the Senate until disposed of.

``(2) In the Senate, debate on the joint resolution, and on all debatable motions and appeals in connection therewith, shall be limited to not more than 10 hours, which shall be divided equally between those favoring and those opposing the joint resolution. A motion to further limit debate is in order and not debatable. An amendment to, or a motion to postpone, or a motion to proceed to the consideration of other business, or a motion to recommit the joint resolution is not in order.

``(3) In the Senate, immediately following the conclusion of the debate on a joint resolution described in subsection

(a), and a single quorum call at the conclusion of the debate if requested in accordance with the rules of the Senate, the vote on final passage of the joint resolution shall occur.

``(e) In the Senate the procedure specified in subsection

``(1) after the expiration of the 60 session days beginning with the applicable submission or publication date, or

``(2) if the report under section 801(a)(1)(A) was submitted during the period referred to in section 801(d)(1), after the expiration of the 60 session days beginning on the 15th session day after the succeeding session of Congress first convenes.

``(1) The joint resolution of the other House shall not be referred to a committee.

``(2) With respect to a joint resolution described in subsection (a) of the House receiving the joint resolution--

``(A) the procedure in that House shall be the same as if no joint resolution had been received from the other House; but

``(B) the vote on final passage shall be on the joint resolution of the other House.

``Sec. 804. Definitions

``For purposes of this chapter--

``(1) the term `Federal agency' means any agency as that term is defined in section 551(1);

``(2) the term `major rule' means any rule, including an interim final rule, that the Administrator of the Office of Information and Regulatory Affairs of the Office of Management and Budget finds has resulted in or is likely to result in--

``(A) an annual effect on the economy of $100,000,000 or more;

``(B) a major increase in costs or prices for consumers, individual industries, Federal, State, or local government agencies, or geographic regions; or

``(C) significant adverse effects on competition, employment, investment, productivity, innovation, or on the ability of United States-based enterprises to compete with foreign-based enterprises in domestic and export markets;

``(3) the term `nonmajor rule' means any rule that is not a major rule; and

``(4) the term `rule' has the meaning given such term in section 551, except that such term does not include--

``(A) any rule of particular applicability, including a rule that approves or prescribes for the future rates, wages, prices, services, or allowances therefore, corporate or financial structures, reorganizations, mergers, or acquisitions thereof, or accounting practices or disclosures bearing on any of the foregoing;

``(B) any rule relating to agency management or personnel; or

``(C) any rule of agency organization, procedure, or practice that does not substantially affect the rights or obligations of non-agency parties.

``Sec. 805. Judicial review

``(a) No determination, finding, action, or omission under this chapter shall be subject to judicial review.

``(b) Notwithstanding subsection (a), a court may determine whether a Federal agency has completed the necessary requirements under this chapter for a rule to take effect.

``Sec. 806. Exemption for monetary policy

``Nothing in this chapter shall apply to rules that concern monetary policy proposed or implemented by the Board of Governors of the Federal Reserve System or the Federal Open Market Committee.

``Sec. 807. Effective date of certain rules

``Notwithstanding section 801--

``(1) any rule that establishes, modifies, opens, closes, or conducts a regulatory program for a commercial, recreational, or subsistence activity related to hunting, fishing, or camping; or

``(2) any rule other than a major rule which an agency for good cause finds (and incorporates the finding and a brief statement of reasons therefore in the rule issued) that notice and public procedure thereon are impracticable, unnecessary, or contrary to the public interest,shall take effect at such time as the Federal agency promulgating the rule determines.''.

______

SA 232. Mr. CARDIN submitted an amendment intended to be proposed by him to the bill S. 493, to reauthorize and improve the SBIR and STTR programs, and for other purposes; which was ordered to lie on the table; as follow:

On page 4, line 9, strike ``2019'' and insert ``2025''.

On page 4, line 17, strike ``2019'' and insert ``2025''.

______

SA 233. Mr. MERKLEY submitted an amendment intended to be proposed by him to the bill S. 493, to reauthorize and improve the SBIR and STTR programs, and for other purposes; which was ordered to lie on the table; as follow:

On page 27, line 21, strike the quotation marks and the second period and insert the following:

``(5) Preference for phase iii awards.--To the greatest extent practicable, in making Phase III awards, Federal agencies and Federal prime contractors shall give preference to applicants that will carry out projects in the United States.''.

On page 49, line 16, strike ``and''.

On page 49, between lines 18 and 19, insert the following:

(D) in subparagraph (D), by striking the period at the end and inserting ``; and''; and

(E) by adding at the end the following:

``(E) developing, manufacturing, and commercializing in the United States new commercial products and processes resulting from such projects.'';

On page 54, line 4, strike the quotation marks and the second period and insert the following:

``(7) Incentives for domestic testing and production.--In carrying out the Commercialization Readiness Program, the Secretary of Defense shall give preference to research programs that--

``(A) test products or services in the United States; and

``(B) would allow the Department of Defense to fulfill the requirements under chapter 83 of title 41, United States Code

(commonly referred to as the `Buy American Act').''.

On page 56, between lines 15 and 16, insert the following:

``(5) Increasing domestic capabilities.--In carrying out a pilot program, the head of a covered Federal agency shall give preference to applicants that intend to test, develop, manufacture or commercialize a product or service in the United States.

On page 56, line 16, strike ``(5)'' and insert ``(6)''.

On page 57, line 1, strike ``(6)'' and insert ``(7)''.

On page 57, line 4, strike ``(7)'' and insert ``(8)''.

On page 60, line 7, after ``processes,'' insert the following: ``giving preference to research conducted in the United States,''.

On page 91, line 20, strike ``and'' at the end.

On page 91, strike line 22 and insert the following:award; and

``(4) whether the small business concern or individual receiving the Phase III award is developing, testing, producing, or manufacturing the product or service that is the subject of the Phase III award in the United States.''.

On page 105, line 2, strike ``and''.

On page 105, between lines 6 and 7, insert the following:

(C) ways for Federal agencies to create incentives for recipients of awards under the SBIR program and the STTR program to carry out research, development, testing, production, manufacturing, and commercialization in the United States; and

On page 107, between lines 10 and 11, insert the following:

SEC. 316. GAO STUDY AND REPORT ON DOMESTIC PRODUCTION,

MANUFACTURING, AND COMMERCIALIZATION.

(a) Study.--Not later than 3 years after the date of enactment of this Act, and every 3 years thereafter, the Comptroller General of the United States shall--

(1) conduct a study that--

(A) determines the amount of production, manufacturing, and commercialization in the United States that resulted from awards under the SBIR and STTR programs during the applicable period; and

(B) estimates the number of jobs created as a result of awards under the SBIR and STTR programs during the applicable period; and

(2) submit a report to Congress that contains the results of the study under paragraph (1), together with recommendations, if any, for how to use the SBIR and STTR programs to increase production, manufacturing, and commercialization in the United States.

(b) Applicable Period.--In this section, the term

``applicable period'' means, for each report submitted under paragraph (2), the 3-year period ending on the date that is 30 days before the date of the report.

On page 115, line 8, insert after ``programs'' the following: ``, including the impact on production and manufacturing in the United States''.

______

SA 234. Ms. LANDRIEU (for herself and Mr. Kerry) submitted an amendment intended to be proposed by her to the bill S. 493, to reauthorize and improve the SBIR and STTR programs, and for other purposes; which was ordered to lie on the table; as follows:

At the end, add the following:

TITLE VI--SMALL BUSINESS BROADBAND AND EMERGING INFORMATION TECHNOLOGY

ENHANCEMENTS

SEC. 601. BROADBAND AND EMERGING INFORMATION TECHNOLOGY

COORDINATOR.

(a) In General.--The Small Business Act (15 U.S.C. 631 et seq.) is amended--

(1) by redesignating section 45 as section 46; and

(2) by inserting after section 44 the following:

``SEC. 45. BROADBAND AND EMERGING INFORMATION TECHNOLOGY.

``(a) Definition.--In this section, the term `broadband and emerging information technology coordinator' means the individual assigned the broadband and emerging information technology coordination responsibilities of the Administration under subsection (b)(1).

``(b) Assignment of Coordinator.--

``(1) Assignment of coordinator.--The Administrator shall assign responsibility for coordinating the programs and activities of the Administration relating to broadband and emerging information technology to an individual who--

``(A) shall report directly to the Administrator;

``(B) shall work in coordination with--

``(i) the chief information officer, the chief technology officer, and the head of the Office of Technology of the Administration; and

``(ii) any Associate Administrator of the Administration determined appropriate by the Administrator;

``(C) has experience developing and implementing telecommunications policy in the private sector or government; and

``(D) has demonstrated significant experience in the area of broadband or emerging information technology.

``(2) Responsibilities of coordinator.--The broadband and emerging information technology coordinator shall--

``(A) coordinate programs of the Administration that assist small business concerns in adopting, making innovations in, and using broadband and other emerging information technologies;

``(B) serve as the primary liaison of the Administration to other Federal agencies involved in broadband and emerging information technology policy, including the Department of Commerce, the Department of Agriculture, and the Federal Communications Commission; and

``(C) identify best practices relating to broadband and emerging information technology that may benefit small business concerns.

``(3) Travel.--Not more than 20 percent of the hours of service by the broadband and emerging information technology coordinator during any fiscal year shall consist of travel outside the United States to perform official duties.

``(c) Broadband and Emerging Technology Training.--

``(1) Training.--The Administrator shall provide to employees of the Administration training that--

``(A) familiarizes employees of the Administration with broadband and other emerging information technologies; and

``(B) includes--

``(i) instruction counseling small business concerns regarding adopting, making innovations in, and using broadband and other emerging information technologies; and

``(ii) information on programs of the Federal Government that provide assistance to small business concerns relating to broadband and emerging information technologies.

``(2) Authorization of appropriations.--There are authorized to be appropriated such sums as are necessary to carry out this subsection.

``(d) Reports.--

``(1) Biennial report on activities.--Not later than 2 years after the date on which the Administrator makes the first assignment of responsibilities under subsection (b), and every 2 years thereafter, the broadband and emerging information technology coordinator 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 regarding the programs and activities of the Administration relating to broadband and other emerging information technologies.

``(2) Report on federal programs.--Not later than 1 year after the date of enactment of the SBIR/STTR Reauthorization Act of 2011, the broadband and emerging information technology coordinator, in consultation with the Secretary of Agriculture, the Assistant Secretary of Commerce for Communications and Information, and the Chairman of the Federal Communications Commission, 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 of the Federal Government that provide assistance to small business concerns relating to broadband and emerging information technologies, which shall include recommendations, if any, for improving coordination among the programs.''.

(b) Elimination of Vacant Position Required.--

(1) Elimination.--Before assigning the first broadband and emerging technologies coordinator under section 45 of the Small Business Act, as added by subsection (a) of this section, the Administrator shall--

(A) identify a position within the Administration that is--

(i) vacant on the date of enactment of this Act; and

(ii) required to be filled by an employee in the Senior Executive Service or at GS-15 of the General Schedule; and

(B) eliminate the position identified under subparagraph

(A).

(2) Restriction.--For purposes of paragraph (1), the Administrator may not eliminate a position established by the Small Business Act (15 U.S.C. 631 et seq.), the Small Business Investment Act 1958 (15 U.S.C. 661 et seq.), or any other Federal statute.

(1) In general.--The amendments made by section 205(b) shall have no force or effect.

(2) Prospective repeal of accelerating cures pilot program.--Effective 5 years after the date of enactment of this Act, the Small Business Act (15 U.S.C. 631 et seq.) is amended--

(A) by striking section 43, as added by section 205(a); and

(B) by redesignating sections 44, 45 (as added by subsection (a)), and 46 (as redesignated by subsection (a)) as sections 43, 44, and 45, respectively. SEC. 602. ENTREPRENEURIAL DEVELOPMENT.

Section 21(c)(3)(B) of the Small Business Act (15 U.S.C. 648(c)(3)(B)) is amended--

(1) in the matter preceding clause (i), by inserting

``accessing broadband and other emerging information technology,'' after ``technology transfer,'';

(2) in clause (ii), by striking ``and'' at the end;

(3) in clause (iii), by adding ``and'' at the end; and

(4) by adding at the end the following:

``(iv) increasing the competitiveness and productivity of small business concerns by assisting entrepreneurs in accessing broadband and other emerging information technology;''.

SEC. 603. CAPITAL ACCESS.

(a) In General.--Section 7(a) of the Small Business Act (15 U.S.C. 636(a)) is amended in the matter preceding paragraph

(1) by inserting ``(including to purchase equipment for broadband or other emerging information technologies)'' after

``equipment''.

(b) Microloans.--Section 7(m)(1)(A)(iii)(I) of the Small Business Act (15 U.S.C. 636(m)(1)(A)(iii)(I)) is amended by inserting ``(including to purchase equipment for broadband or other emerging information technologies)'' after ``or equipment''.

SEC. 604. REPORT TO CONGRESS.

(a) In General.--Not later than 45 days after the date of enactment of this Act, the Administrator, in consultation with the Administrator of General Services, 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 ways to assist with the development of broadband and wireless technology that would benefit small business concerns.

(b) Content of the Report.--The report submitted under subsection (a) shall--

(1) outline the participation by the Administration in the National Antenna Program, including the number of wireless towers deployed on facilities which contain an office of the Administration;

(2) information on agreements between the Administration and the General Services Administration related to broadband and wireless deployment in offices of the Administration; and

(3) recommendations, if any, on opportunities for the Administration to improve broadband or wireless technology in offices of the Administration that are in areas currently underserved or unserved by broadband service providers.

______

SA 235. Mr. LEVIN submitted an amendment intended to be proposed by him to the bill S. 493, to reauthorize and improve the SBIR and STTR programs, and for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. ___. SMALL BUSINESS INTERMEDIARY LENDING PILOT PROGRAM

TECHNICAL CORRECTION.

Section 7(l)(4)(B) of the Small Business Act (15 U.S.C. 636(l)(4)(B)) is amended by inserting ``under the Program'' after ``to the eligible intermediary by the Administrator''.

______

SA 236. Mr. BAUCUS submitted an amendment intended to be proposed by him to the bill S. 493, to reauthorize and improve the SBIR and STTR programs, and for other purposes; which was ordered to lie on the table; as follows:

At the end, add the following:

SEC. __. GREENHOUSE GAS-RELATED EXEMPTIONS FROM PERMITTING

REQUIREMENTS.

(a) Purposes.--The purposes of this section are--

(1) to ensure that the greenhouse gas emissions from certain sources will not require a permit under the Clean Air Act (42 U.S.C. 7401 et seq.); and

(2) to exempt greenhouse gas emissions from certain agricultural sources from permitting requirements under that Act.

(b) Amendment.--Title III of the Clean Air Act (42 U.S.C. 7601 et seq.) is amended by adding at the end the following:

``SEC. 329. GREENHOUSE GAS-RELATED EXEMPTIONS FROM PERMITTING

REQUIREMENTS.

``(a) Definition of Greenhouse Gas.--In this section, the term `greenhouse gas' means any of the following:

``(1) Carbon dioxide.

``(2) Methane.

``(3) Nitrous oxide.

``(4) Sulfur hexafluoride.

``(5) Hydrofluorocarbons.

``(6) Perfluorocarbons.

``(7) Nitrogen trifluoride.

``(8) Any other anthropogenic gas, if the Administrator determines that 1 ton of the gas has the same or greater effect on global climate change as does 1 ton of carbon dioxide.

``(b) New Source Review.--

``(1) Modification of definition of air pollutant.--For purposes of determining whether a stationary source is a major emitting facility under section 169(1) or has undertaken construction pursuant to section 165(a), the term

`air pollutant' shall not include any greenhouse gas unless the gas is subject to regulation under this Act for reasons independent of the effects of the gas on global climate change.

``(2) Thresholds for exclusions from permit provisions.--No requirement of part C of title I shall apply with respect to any greenhouse gas unless the gas is subject to regulation under this Act for reasons independent of the effects of the gas on global climate change or the gas is emitted by a stationary source--

``(A) that is--

``(i) a new major emitting facility that will emit, or have the potential to emit, greenhouse gases in a quantity of at least 75,000 tons of carbon dioxide equivalent per year; or

``(ii) an existing major emitting facility that undertakes construction which increases the quantity of greenhouse gas emissions, or which results in emission of greenhouse gases not previously emitted, of at least 75,000 tons carbon dioxide equivalent per year; and

``(B) that has greenhouse gas emissions equal to or exceeding 250 tons per year in mass emissions or, in the case of any of the types of stationary sources identified in section 169(1), 100 tons per year in mass emissions.

``(3) Agricultural sources.--In calculating the emissions or potential emissions of a source or facility, emissions of greenhouse gases that are subject to regulation under this Act solely on the basis of the effect of the gases on global climate change shall be excluded if the emissions are from--

``(A) changes in land use;

``(B) the raising of commodity crops, stock, dairy, poultry, or fur-bearing animals, or the growing of fruits or vegetables; or

``(C) farms, plantations, ranches, nurseries, ranges, orchards, and greenhouses or other similar structures used primarily for the raising of agricultural or horticultural commodities.

``(c) Title V Operating Permits.--Notwithstanding any provision of title III or title V, no stationary source shall be required to apply for, or operate pursuant to, a permit under title V, solely on the basis of the emissions of the stationary source of greenhouse gases that are subject to regulation under this Act solely on the basis of the effect of the greenhouse gases on global climate change, unless those emissions from that source are subject to regulation under this Act.''.

______

SA 237. Mr. McCAIN submitted an amendment intended to be proposed by him to the bill S. 493, to reauthorize and improve the SBIR and STTR programs, and for other purposes; which was ordered to lie on the table; as follows:

At the end of the bill, add the following:

SEC. ___. CONGRESSIONAL RECORD.

(a) Prohibition on Printing the Congressional Record.--

(1) In general.--Chapter 9 of title 44, United States Code, is amended by striking section 903 and inserting the following:

``Sec. 903. Congressional Record: daily and permanent forms

``(a) In General.--The public proceedings of each House of Congress as reported by the Official Reporters, shall be included in the Congressional Record, which shall be issued in daily form during each session and shall be revised and made electronically available promptly, as directed by the Joint Committee on Printing, for distribution during and after the close of each session of Congress. The daily and the permanent Record shall bear the same date, which shall be that of the actual day's proceedings reported. The Government Printing Office shall not print the Congressional Record.

``(b) Electronic Availability.--

``(1) Government printing office.--The Government Printing Office shall make the Congressional Record available to the Secretary of the Senate and the Chief Administrative Officer of the House of Representatives in an electronic form in a timely manner to ensure the implementation of paragraph (1).

``(2) Website.--The Secretary of the Senate and the Chief Administrative Officer of the House of Representatives shall make the Congressional Record available--

``(A) to the public on the websites of the Secretary of the Senate and the Chief Administrative Officer of the House of Representatives; and

``(B) in a format which enables the Congressional Record to be downloaded and printed by users of the website.''.

(b) Congressional Record.--

(1) In general.--Chapter 9 of title 44, United States Code, is amended--

(A) in section 905, in the first sentence, by striking

``printing'' and inserting ``inclusion''; and

(B) by striking sections 906, 909, and 910.

(2) Technical and conforming amendments.--The table of sections for chapter 9 of title 44, United States Code, is amended by striking the items relating to sections 906, 909, and 910.

______

SA 238. Mr. McCAIN submitted an amendment intended to be proposed by him to the bill S. 493, to reauthorize and improve the SBIR and STTR programs, and for other purposes; which was ordered to lie on the table; as follows:

On page 116, after line 24, insert the following: SEC. 504. DISPOSITION OF FEDERAL HIGH SPEED RAIL FUNDING NOT

USED BY STATE TO WHICH IT WAS ALLOCATED.

Amounts allocated to any State under the Federal Railroad Administration's High-Speed Intercity Passenger Rail Program that are not used by that State--

(1) shall be deposited into the General Fund of the Treasury to reduce that national deficit; and

(2) may not be reallocated to another qualifying State for any high speed rail project.

______

SA 239. Mr. McCAIN submitted an amendment intended to be proposed by him to the bill S. 493, to reauthorize and improve the SBIR and STTR programs, and for other purposes; which was ordered to lie on the table; as follows:

On page 116, after line 24, add the following:

SEC. 504. ELIMINATION OF DUPLICATIVE SECURITY ASSESSMENTS.

Notwithstanding any other provision of law, the Transportation Security Administration is not authorized to conduct security assessments on hazardous material trucking companies that are similar to the security contact reviews conducted by the Federal Motor Carrier Safety Administration.

______

SA 240. Mr. CARDIN submitted an amendment intended to be proposed by him to the bill S. 493, to reauthorize and improve the SBIR and STTR programs, and for other purposes; which was ordered to lie on the table; as follows:

At the end, add the following:

SEC. ___. SURETY BONDS.

(a) Maximum Bond Amount.--Section 411(a)(1) of the Small Business Investment Act of 1958 (15 U.S.C. 694b(a)(1)) is amended by striking ``(1)'' and all that follows and inserting the following: ``(1)(A) The Administration may, upon such terms and conditions as it may prescribe, guarantee and enter into commitments to guarantee any surety against loss resulting from a breach of the terms of a bid bond, payment bond, performance bond, or bonds ancillary thereto, by a principal on any total work order or contract amount at the time of bond execution that does not exceed $5,000,000.

``(B) The Administrator may guarantee a surety under subparagraph (A) for a total work order or contract amount that does not exceed $10,000,000, if a contracting officer of a Federal agency certifies that such a guarantee is necessary.''.

(b) Denial of Liability.--Section 411 of the Small Business Investment Act of 1958 (15 U.S.C. 694b) is amended--

(1) by striking subsection (e) and inserting the following:

``(e) Reimbursement of Surety; Conditions.--Pursuant to any such guarantee or agreement, the Administration shall reimburse the surety, as provided in subsection (c) of this section, except that the Administration shall be relieved of liability (in whole or in part within the discretion of the Administration) if--

``(1) the surety obtained such guarantee or agreement, or applied for such reimbursement, by fraud or material misrepresentation;

``(2) the total contract amount at the time of execution of the bond or bonds exceeds $5,000,000;

``(3) the surety has breached a material term or condition of such guarantee agreement; or

``(4) the surety has substantially violated the regulations promulgated by the Administration pursuant to subsection

(d).'';

(2) by striking subsection (k); and

(3) by adding after subsection (i) the following:

``(j) Denial of Liability.--For bonds made or executed with the prior approval of the Administration, the Administration shall not deny liability to a surety based upon material information that was provided as part of the guaranty application.''.

(1) by striking paragraph (9); and

(2) adding after paragraph (8) the following:

``(9) Notwithstanding any other provision of law or any rule, regulation, or order of the Administration, for purposes of sections 410, 411, and 412 the term `small business concern' means a business concern that meets the size standard for the primary industry in which such business concern, and the affiliates of such business concern, is engaged, as determined by the Administrator in accordance with the North American Industry Classification System.''.

______

SA 241. Mr. RISCH (for himself and Mr. Barrasso) submitted an amendment intended to be proposed by him to the bill S. 493, to reauthorize and improve the SBIR and STTR programs, and for other purposes; which was ordered to lie on the table; as follows:

At the end, add the following:

SEC. __. NATIONAL PRIMARY DRINKING WATER REGULATIONS.

(a) Definitions.--In this section:

(1) Administrator.--The term ``Administrator'' means the Administrator of the Environmental Protection Agency.

(2) Small system.--The term ``small system'' means a public water system (as defined in section 1401 of the Safe Drinking Water Act (42 U.S.C. 300f)) that serves not more than 10,000 individuals.

(b) Suspension of Enforcement.--

(1) In general.--Notwithstanding any other provision of law, subject to paragraph (2), none of the funds made available by this or any other Act may be used for the enforcement of national primary drinking water regulations promulgated under the Safe Drinking Water Act (42 U.S.C. 300f et seq.) until such date as the Administrator--

(A) implements a program to provide to small systems subject to those regulations, using the authority available to the Administrator under that Act, financial and technical assistance for use in complying with those regulations; and

(B) ensures that sufficient funds have been made available under this section to assist each small system in meeting requirements under those regulations.

(2) Continued suspension.--If, after the date described in paragraph (1), a small system certifies to the Administrator that the small system lacks funds necessary to comply with the regulations referred to in paragraph (1) for a fiscal year, the Administrator shall suspend enforcement of the regulations (including any action to assess or collect a fine under the regulations) with respect to the small system for the fiscal year.

______

SA 242. Mr. UDALL of Colorado (for himself, Ms. Collins, Mr. Schumer, Mr. Lieberman, Mr. Leahy, Mr. Sanders, Mr. Reed, Mr. Whitehouse, Mr. Nelson of Florida, Mrs. Boxer, and Mr. Reid) submitted an amendment intended to be proposed by him to the bill S. 493, to reauthorize and improve the SBIR and STTR programs, and for other purposes; which was ordered to lie on the table; as follows:

At the end, add the following:

TITLE VI--SMALL BUSINESS LENDING ENHANCEMENT

SEC. 601. SHORT TITLE; DEFINITIONS.

(a) Short Title.--This title may be cited as the ``Small Business Lending Enhancement Act of 2011''.

(b) Definitions.--In this title--

(1) the term ``Board'' means the National Credit Union Administration Board;

(2) the term ``insured credit union'' has the same meaning as in section 101 of the Federal Credit Union Act (12 U.S.C. 1752);

(3) the term ``member business loan'' has the same meaning as in section 107A(c)(1) of the Federal Credit Union Act (12 U.S.C. 1757a(c)(1));

(4) the term ``net worth'' has the same meaning as in section 107A(c)(2) of the Federal Credit Union Act (12 U.S.C. 1757a(c)(2)); and

(5) the term ``well capitalized'' has the meaning given that term in section 216(c)(1)(A) of the Federal Credit Union Act (12 U.S.C. 1709d(c)(1)(A)).

SEC. 602. LIMITS ON MEMBER BUSINESS LOANS.

Effective 6 months after the date of enactment of this title, section 107A(a) of the Federal Credit Union Act (12 U.S.C. 1757a(a)) is amended to read as follows:

``(a) Limitation.--

``(1) In general.--Except as provided in paragraph (2), an insured credit union may not make any member business loan that would result in the total amount of such loans outstanding at that credit union at any one time to be equal to more than the lesser of--

``(A) 1.75 times the actual net worth of the credit union; or

``(B) 12.25 percent of the total assets of the credit union.

``(2) Additional authority.--The Board may approve an application by an insured credit union upon a finding that the credit union meets the criteria under this paragraph to make 1 or more member business loans that would result in a total amount of such loans outstanding at any one time of not more than 27.5 percent of the total assets of the credit union, if the credit union--

``(A) had member business loans outstanding at the end of each of the 4 consecutive quarters immediately preceding the date of the application, in a total amount of not less than 80 percent of the applicable limitation under paragraph (1);

``(B) is well capitalized, as defined in section 216(c)(1)(A);

``(C) can demonstrate at least 5 years of experience of sound underwriting and servicing of member business loans;

``(D) has the requisite policies and experience in managing member business loans; and

``(E) has satisfied other standards that the Board determines are necessary to maintain the safety and soundness of the insured credit union.

``(3) Effect of not being well capitalized.--An insured credit union that has made member business loans under an authorization under paragraph (2) and that is not, as of its most recent quarterly call report, well capitalized, may not make any member business loans, until such time as the credit union becomes well capitalized (as defined in section 216(c)(1)(A)), as reflected in a subsequent quarterly call report, and obtains the approval of the Board.''.

SEC. 603. IMPLEMENTATION.

(a) Tiered Approval Process.--The National Credit Union Administration Board shall develop a tiered approval process, under which an insured credit union gradually increases the amount of member business lending in a manner that is consistent with safe and sound operations, subject to the limits established under section 107A(a)(2) of the Federal Credit Union Act (as amended by this title). The rate of increase under the process established under this paragraph may not exceed 30 percent per year.

(b) Rulemaking Required.--The Board shall issue proposed rules, not later than 6 months after the date of enactment of this Act, to establish the tiered approval process required under subsection (a). The tiered approval process shall establish standards designed to ensure that the new business lending capacity authorized under the amendment made by section 2 is being used only by insured credit unions that are well-managed and well capitalized, as required by the amendments made under section 2, and as defined by the rules issued by the Board under this subsection.

(1) the experience level of the institutions, including a demonstrated history of sound member business lending;

(2) the criteria under section 107A(a)(2) of the Federal Credit Union Act, as amended by this title; and

(3) such other factors as the Board determines necessary or appropriate.

SEC. 604. REPORTS TO CONGRESS ON MEMBER BUSINESS LENDING.

(a) Report of the Board.--

(1) In general.--Not later than 3 years after the date of enactment of this Act, the Board shall submit a report to Congress on member business lending by insured credit unions.

(2) Report.--The report required under paragraph (1) shall include--

(A) the types and asset size of insured credit unions making member business loans and the member business loan limitations applicable to the insured credit unions;

(B) the overall amount and average size of member business loans by each insured credit union;

(D) the performance of the member business loans, including delinquencies and net charge offs;

(E) the effect of this title and the amendments made by this title on the number of insured credit unions engaged in member business lending, any change in the amount of member business lending, and the extent to which any increase is attributed to the change in the limitation in section 107A(a) of the Federal Credit Union Act, as amended by this title;

(F) the number, types, and asset size of insured credit unions that were denied or approved by the Board for increased member business loans under section 107A(a)(2) of the Federal Credit Union Act, as amended by this title, including denials and approvals under the tiered approval process;

(G) the types and sizes of businesses that receive member business loans, the duration of the credit union membership of the businesses at the time of the loan, the types of collateral used to secure member business loans, and the income level of members receiving member business loans; and

(H) the effect of any increases in member business loans on the risk to the National Credit Union Share Insurance Fund and the assessments on insured credit unions.

(b) GAO Study and Report.--

(1) Study.--The Comptroller General of the United States shall conduct a study on the status of member business lending by insured credit unions, including--

(A) trends in such lending;

(B) types and amounts of member business loans;

(D) recommendations for legislative action, if any, with respect to such lending; and

(E) any other information that the Comptroller General considers relevant with respect to such lending.

(2) Report.--Not later than 3 years after the date of enactment of this Act, the Comptroller General shall submit a report to Congress on the study required by paragraph (1).

______

SA 243. Ms. KLOBUCHAR (for herself and Mr. Brown of Massachusetts) submitted an amendment intended to be proposed by her to the bill S. 493, to reauthorize and improve the SBIR and STTR programs, and for other purposes; which was ordered to lie on the table; as follows:

On page 73, at the end, add the following:

SEC. 209. INNOVATIVE TECHNOLOGY DEVELOPMENT LOAN GUARANTEE

PROGRAM.

(a) Definitions.--In this section:

(1) Clean technology.--The term ``clean technology'' means--

(A) technology that improves energy efficiency, including--

(i) technologies to reduce energy consumption;

(ii) energy-efficient building technologies and applications; and

(iii) efficient electricity transmission, distribution, and electrical grid-based storage;

(B) technology relating to energy storage;

(D) component technologies for electric vehicles.

(2) Renewable energy.--The term ``renewable energy'' means energy generated from any of the following:

(A) Solar, wind, geothermal, or ocean based sources.

(B) Biomass, biofuels, or feedstock.

(D) Municipal solid waste.

(E) Incremental hydropower.

(F) Hydropower that has been certified by the Low Impact Hydropower Institute

(3) Small- or medium-size high growth technology company.--The term ``small- or medium-sized high growth technology company'' means a small business concern that primarily engages in commerce in 1 or more of the following industries:

(A) Life sciences.

(B) Medical devices.

(D) Computer software.

(E) Clean technology.

(F) Renewable energy generation and manufacturing.

(G) Such other industries as the Secretary considers appropriate.

(4) Secretary.--Except as otherwise provided, the term

``Secretary'' means the Secretary of Commerce.

(5) Small business concern.--The term ``small business concern'' has the meaning given that term under section 3(a) of the Small Business Act (15 U.S.C. 632(a)).

(b) Establishment of Innovative Product Loan Guarantee Program.--

(1) Establishment.--The Secretary shall establish a loan guarantee program to help small- and medium-sized high growth technology companies who the Secretary determines--

(A) are operating in a phase of the business life cycle in which technological, market, or regulatory uncertainty constrains the amount of capital available from lenders and equity investors to such companies during such phase; and

(B) are unable to progress to the next phase of the business life cycle because of such constraints on the availability of capital.

(2) Designation.--The loan guarantee program established under paragraph (1) shall be known as the ``Innovative Technology Development Loan Guarantee Program''.

(1) In general.--The Secretary may, under the program established pursuant to subsection (b)(1), guarantee the full or partial repayment of a loan that meets the requirements of this section.

(2) Guarantee percentage.--For a loan guaranteed under the program established pursuant to subsection (b)(1), the Secretary may guarantee such percentage of such loan as the Secretary considers appropriate, except that such percentage shall be not less than 50 percent and not more than 90 percent.

(d) Loan Requirements.--A loan referred to in subsection

(1) Purpose.--The loan is for--

(A) fixed assets relating to reequipping, expanding, or establishing a facility the Secretary considers necessary for the loan recipient to enter the next phase of the business life cycle; or

(B) providing the loan recipient with working capital the Secretary considers necessary for the loan recipient to enter the next phase of the business life cycle.

(2) Interest rate.--The interest rate for the loan does not exceed such maximum rate as the Secretary considers appropriate.

(3) Terms and conditions.--The loan has such terms and conditions as the Secretary considers commercially reasonable and consistent with prevailing market standards.

(4) Pre-qualified lenders.--The loan is offered by a lender who has been pre-qualified under subsection (e).

(e) Pre-qualification of Lenders.--The Secretary shall pre-qualify lenders who--

(1) are nongovernmental entities who specialize in providing financing to high growth technology companies; and

(2) the Secretary determines will expedite the loan process and are competent to carry out credit underwriting, loan origination, loan documentation, loan administration, and loan servicing under the program established pursuant to subsection (b)(1).

(f) Syndication.--A lender offering a loan that is guaranteed under the program established pursuant to subsection (b)(1) shall agree not to syndicate or assign the loan unless--

(1) the loan is syndicated or assigned to a third party financial institution that the Secretary considers qualified;

(2) the lender retains a pre-specified portion of the unguaranteed credit risk; and

(3) the lender continues to perform as the servicing and administrative agent for the loan.

(g) Default.--Notwithstanding any other provision of law, in the case of a default on a loan guaranteed under this section, the lender shall have the right of first refusal to serve as workout and collection agent for purposes of such default and under such terms as the Secretary considers appropriate.

(h) Fees.--The Secretary may establish such fees as the Secretary considers necessary to cover the costs of administering the program established under subsection

(b)(1).

(i) Innovative Technology Development Fund.--

(1) In general.--There is established in the Treasury of the United States a revolving fund known as the ``Innovative Technology Development Fund'' (in this subsection referred to as the ``Fund'').

(2) Elements.--There shall be deposited in the fund the following, which shall constitute the assets of the Fund:

(A) Amounts paid into the Fund under any provision of law or regulation established by the Secretary imposing fees under subsection (h).

(B) All other amounts received by the Secretary incident to operations relating to the loan guarantee program established under subsection (b)(1).

(3) Use of funds.--The Fund shall be available to the Secretary, without fiscal year limitation, to carry out the provisions of this section.

(j) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary to carry out this section

$200,000,000 for fiscal year 2011.

SEC. 210. INTERNET WEBSITE PROMOTING COMMERCIALIZATION OF

TECHNOLOGY IDEAS INVENTED BY FEDERALLY FUNDED

RESEARCHERS.

(a) In General.--Not later than 1 year after the date of the enactment of this Act, the Secretary of Commerce shall, acting through the Director of the National Institute for Standards and Technology, establish and maintain an Internet website that connects Federally funded researchers who have ideas for technologies that they believe could be commercialized with persons who express interest in working with Federally-funded researchers on the commercialization of their technologies.

(b) Participation Optional.--Participation of a Federally-funded researcher in the Internet website required by subsection (a) shall be optional.

(1) In general.--Not later than 2 years after the establishment of the Internet website required by subsection

(a), the Secretary shall submit to Congress a report on such Internet website.

(2) Elements.--The report required by paragraph (1) shall include the following:

(A) The status of the Internet website required by subsection (a).

(B) An assessment of such Internet website.

(C) Such recommendations as the Secretary may have for improvements to the Internet website and any additional funding or legislative action as the Secretary considers necessary to implement such improvements.

(d) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary of Commerce to carry out this section $1,000,000 for each of the fiscal years 2011 through 2015. Amounts appropriated under this subsection shall remain available until expended.

SEC. 211. LIMITATION ON GOVERNMENT PRINTING COSTS.

Not later than 180 days after the date of the enactment of this Act, the Director of the Office of Management and Budget shall coordinate with the heads of Federal departments and independent agencies to--

(1) determine which Government publications could be available on Government Internet websites and no longer printed and to devise a strategy to reduce overall Government printing costs over the 10-year period beginning with fiscal year 2011, except that the Director shall ensure that essential printed documents prepared for social security recipients, medicare beneficiaries, and other populations in areas with limited Internet access or use continue to remain available;

(2) establish government-wide Federal guidelines on employee printing; and

(3) issue on the Office of Management and Budget's public Internet website the results of a cost-benefit analysis on implementing a digital signature system and on establishing employee printing identification systems, such as the use of individual employee cards or codes, to monitor the amount of printing done by Federal employees; except that the Director of the Office of Management and Budget shall ensure that Federal employee printing costs unrelated to national defense, homeland security, border security, national disasters, and other emergencies do not exceed $860,000,000 annually.

____________________

SOURCE: Congressional Record Vol. 157, No. 40

March 16, 2011: Congressional Record publishes “TEXT OF AMENDMENTS”

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