Volume 157, No. 44 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 S1995-S1999 on March 30, 2011.
The publication is reproduced in full below:
TEXT OF AMENDMENTS
SA 268. 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:
On page 38, strike lines 7 and 8 and insert the following:
(ee) owned and controlled by service-disabled veterans, veterans recently separated, discharged, or released from service in the Armed Forces, or members of a reserve component of the Armed Forces;
______
SA 269. Mrs. McCASKILL 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:
SEC. 504. 8(A) PROGRAM.
(a) Amendment to Definition of Indian Tribe.--Section 8(a)(13) of the Small Business Act (15 U.S.C. 637(a)(13)) is amended--
(1) by redesignating subparagraphs (A) and (B) as clauses
(i) and (ii), respectively, and adjusting the margins accordingly;
(2) by striking ``the term `Indian tribe' means'' and inserting the following: ``the term `Indian tribe'--
``(A) means'';
(3) by striking ``, including any Alaska Native village or regional or village corporation (within the meaning of the Alaska Native Claims Settlement Act)'';
(4) in subparagraph (A)(i), as so designated, by striking
``, or'' and inserting ``; or'';
(5) by striking the period at the end and inserting ``; and''; and
(6) by adding at the end the following:
``(B) does not include an Alaska Native Corporation or Alaska Native Village.''.
(b) Social and Economic Disadvantage.--
(1) In general.--Section 29(e) of the Alaska Native Claims Settlement Act (43 U.S.C. 1626(e)) is amended--
(A) in paragraph (1), by striking ``For all purposes of'' and inserting ``Except as provided in paragraph (5), for all purposes of'';
(B) in paragraph (2), by striking ``For all purposes of'' and inserting ``Except as provided in paragraph (5), for all purposes of''; and
(C) by adding at the end the following:
``(5) For purposes of sections 7(j)(10) and 8(a) of the Small Business Act (15 U.S.C. 636(j)(10) and 637(a)), whether a Native Corporation or Native village or a direct and indirect subsidiary corporation, joint venture, or partnership of a Native Corporation or Native village is socially or economically disadvantaged shall be determined in accordance with paragraph (5) or (6), respectively, of section 8(a) of the Small Business Act.''.
(2) Standards.--Section 8(a) of the Small Business Act (15 U.S.C. 637(a)) is amended--
(A) in paragraph (4)--
(i) in subparagraph (A)--
(I) in clause (i)--
(aa) in subclause (II), by striking ``or'' at the end; and
(bb) by adding at the end the following:
``(IV) a socially and economically disadvantaged Alaska Native Corporation or Alaska Native Village, or''; and
(II) in clause (ii)--
(aa) in subclause (II), by striking ``or'' at the end;
(bb) in subclause (III), by striking the period at the end and inserting ``, or''; and
(cc) by adding at the end the following:
``(IV) a socially and economically disadvantaged Alaska Native Corporation or Alaska Native Village.'';
(ii) in subparagraph (B)--
(I) in clause (ii), by striking ``or'' at the end;
(II) in clause (iii), by striking the period at the end and inserting ``, or''; and
(III) by adding at the end the following:
``(iv) members of a socially and economically disadvantaged Alaska Native Corporation or Alaska Native Village described in subparagraph (A)(i)(IV) or subparagraph (A)(ii)(IV).''; and
(iii) by adding at the end the following:
``(D) The Administrator may not waive the requirement under this paragraph that the management and daily business operations of a business concern participating in the program under this subsection are controlled by one or more socially and economically disadvantaged individuals for a business concern owned by an Alaska Native Corporation or Alaska Native Village.'';
(B) in paragraph (5)--
(i) by inserting ``(A)'' after ``(5)''; and
(ii) by adding at the end the following:
``(B) For purposes of this subsection and section 7(j)(10), the Administrator shall determine whether an Alaska Native Corporation or Alaska Native Village is, as an entity, socially disadvantaged in accordance with the factors described in subparagraph (A).''; and
(C) in paragraph (6), by adding at the end the following:
``(F) For purposes of this subsection and section 7(j)(10), the Administrator shall annually determine whether an Alaska Native Corporation or Alaska Native Village is economically disadvantaged in the same manner as for an applicant for or participant in the program under this subsection that is a Native Hawaiian organization.''.
(c) Affiliation.--Section 7(j)(10)(J)(ii)(II) of the Small Business Act (15 U.S.C. 636(j)(10)(J)(ii)(II)) is amended by inserting ``, as defined in section 8(a)(13)'' after ``Indian tribe''.
(d) Sole Source Contracting Dollar Limits.--
(1) Competitive thresholds.--Not later than 270 days after the date of enactment of this Act, the Administrator shall amend the regulations issued under sections 7(j)(10) and 8(a) of the Small Business Act (15 U.S.C. 636(j)(10) and 637(a)) in accordance with this section and the amendments made by this section to apply to small business concerns owned by an Alaska Native Corporation or Alaska Native Village the competitive thresholds for awarding sole source contracts under section 8(a)(1)(D) of the Small Business Act (15 U.S.C. 637(a)(1)(D)) that are applicable to small business concerns that are owned by a socially and economically disadvantaged individual.
(2) Maximum total dollar amount.--Section 8(a)(1)(D) of the Small Business Act (15 U.S.C. 637(a)(1)(D)) is amended by adding at the end the following:
``(iii) For purposes of eligibility for the award of a contract on the basis of restricted competition under this subparagraph, the Administrator may not establish a maximum total dollar amount of such awards during the period of Program Participation for participants that are owned by an Alaska Native Corporation or Alaska Native Village that is different from the amount for Program Participants that are owned by a socially and economically disadvantaged individual.''.
(e) One Time Eligibility.--Section 7(j)(11)(B)(iii) of the Small Business Act (15 U.S.C. 636(j)(11)(B)(iii)) is amended in the matter preceding subclause (I) by inserting ``(as defined in section 8(a)(13))'' after ``Indian tribe''.
(f) Graduation.--
(1) In general.--Section 7(j)(15) of the Small Business Act
(15 U.S.C. 636(j)(15)) is amended--
(A) by redesignating subparagraphs (A) and (B) as clauses
(i) and (ii), respectively;
(B) by inserting ``(A)'' after ``(15)''; and
(C) by adding at the end the following:
``(B) The Administrator may not extend or waive the time limitations under this paragraph for a business concern owned by an Alaska Native Corporation or Alaska Native Village.''.
(2) Technical and conforming amendments.--The Small Business Act (15 U.S.C. 631 et seq.) is amended--
(A) in section 7(j) (15 U.S.C. 636(j))--
(i) in paragraph (10)(E)(ii), by striking ``paragraph
(15)'' and inserting ``paragraph (15)(A)''; and
(ii) in paragraph (11)(D), by striking ``paragraph (15)'' and inserting ``paragraph (15)(A)''; and
(B) in section 8(a)(1)(C) (15 U.S.C. 637(a)(1)(C)), in the matter preceding clause (i), by striking ``section 7(j)(15)'' and inserting ``section 7(j)(15)(A)''.
(g) Reporting.--Section 8(a)(6)(B) of the Small Business Act (15 U.S.C. 637(a)(6)(B)) is amended--
(1) by redesignating clauses (i), (ii), and (iii) as subclauses (I), (II), and (III), respectively;
(2) by inserting ``(i)'' after ``(B)''; and
(3) by adding at the end the following:
``(ii) The annual report submitted under clause (i) by a Program Participant that is an Alaska Native Corporation or Alaska Native Village shall include, for the period addressed by the report--
``(I) the total revenue of the Alaska Native Corporation or Alaska Native Village;
``(II) the revenue of the Alaska Native Corporation or Alaska Native Village attributable to the participation of the Alaska Native Corporation or Alaska Native Village in the program under this subsection; and
``(III) the total amount of benefits paid to shareholders of the Alaska Native Corporation or Alaska Native Village.''.
(h) Regulations.--Not later than 270 days after the date of enactment of this Act, the Administrator shall amend the regulations issued under sections 7(j)(10) and 8(a) of the Small Business Act (15 U.S.C. 636(j)(10) and 637(a)) in accordance with this section and the amendments made by this section, which shall include--
(1) establishing criteria for determining whether an Alaska Native Corporation or Alaska Native Village is, as a group, socially disadvantaged, in accordance with the factors described in section 8(a)(5)(A) of the Small Business Act, as so designated by this section;
(2) establishing criteria for determining whether an Alaska Native Corporation, Alaska Native Village, or Native Hawaiian Organization is economically disadvantaged;
(3) repealing the provision that excludes certain affiliates of an Alaska Native Corporation or Alaska Native Village in determining whether a business is a small business concern;
(4) repealing the waiver for Alaska Native Corporations and Alaska Native Villages of the requirement that the management and daily business operations of a business concern participating in the program under section 8(a) of the Small Business Act (15 U.S.C. 637(a)) are controlled by one or more socially and economically disadvantaged individuals;
(5) applying to small business concerns owned by an Alaska Native Corporation or Alaska Native Village the limitation on eligibility for a sole source award under section 8(a)(1)(D) of the Small Business Act (15 U.S.C. 637(a)(1)(D)) based on the maximum total amount of competitive and sole source awards under such section 8(a) that are applicable to small business concerns that are owned by a socially and economically disadvantaged individual;
(6) prohibiting a single Alaska Native Corporation or Alaska Native Village from conferring eligibility to participate in the program under section 8(a) of the Small Business Act (15 U.S.C. 637(a)) on more than 1 small business concern at any one time; and
(7) applying to small business concerns owned by an Alaska Native Corporation or Alaska Native Village the limitation on ownership of other firms participating in the program under section 8(a) of the Small Business Act (15 U.S.C. 637(a)) that is applicable to small business concerns that are owned by a socially and economically disadvantaged individual.
(i) Definitions.--In this section--
(1) the terms ``Alaska Native Corporation'' and ``Alaska Native Village'' have the meanings given those terms in section 3(p)(6) of the Small Business Act (15 U.S.C. 632(p)(6)); and
(2) the term ``Native Hawaiian Organization'' has the meaning given that term in section 8(a)(15) of the Small Business Act (15 U.S.C. 637(a)(15)).
______
SA 270. Mr. ENZI 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. ___. TEAMING ARRANGEMENTS AND AGENCY CONTRACTING GOALS.
Section 15(g) of the Small Business Act (15 U.S.C. 644(g)) is amended by adding at the end the following:
``(3) Teaming arrangements and agency contracting goals.--
``(A) Definitions.--In this paragraph--
``(i) the term `covered small business concern' means--
``(I) a small business concern owned and controlled by service-disabled veterans;
``(II) a small business concern owned and controlled by socially and economically disadvantaged individuals, as defined in section 8(d)(3)(C);
``(III) a small business concern owned and controlled by women, as defined in section 8(d)(3)(D); or
``(IV) a qualified HUBZone small business concern; and
``(ii) the term `teaming arrangement entity' means a prime contractor under a contractor team arrangement, as defined in section 9.601 of the Federal Acquisition Regulation, as in effect on October 1, 2009.
``(B) Contracting goals.--If a covered small business concern performs the obligations of a teaming arrangement entity under a contract between the teaming arrangement entity and a Federal agency, the head of the Federal agency may deem the contract to be a contract awarded to the covered small business concern for purposes of determining whether the Federal agency has met the goals established by the head of the Federal agency under paragraph (2).''.
______
SA 271. 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 follows:
At the end, add the following:
SEC. __. IDENTIFICATION OF QUALIFIED CENSUS TRACTS BY THE
SECRETARY OF HOUSING AND URBAN DEVELOPMENT.
(a) Designation of Qualified Census Tracts.--Not later than 2 weeks after the date on which the Secretary of Housing and Urban Development receives from the Census Bureau the data obtained from each decennial census relating to census tracts, the Secretary of Housing and Urban Development shall identify census tracts that meet the requirements of section 42(d)(5)(B)(ii) of the Internal Revenue Code of 1986
(determined without regard to Secretarial designation) and shall deem such census tracts to be qualified census tracts
(as defined in such section) solely for purposes of determining which areas qualify as HUBZones under section 3(p)(1)(A) of the Small Business Act (15 U.S.C. 632(p)(1)(A)).
(b) Determination by Administrator.--Not later than 3 months after the date on which the Secretary of Housing and Urban Development identifies qualified census tracts under subsection (a), the Administrator shall determine which areas qualify as HUBZones under section 3(p)(1)(A) of the Small Business Act (15 U.S.C. 632(p)(1)(A)).
(c) Applications for Certification as Qualified HUBZone Small Business Concern.--
(1) Application.--During a period beginning on a date on which the Secretary of Housing and Urban Development identifies qualified census tracts under subsection (a) and ending on the date the Administrator determines which areas qualify as HUBZones, a small business concern located in an area identified as a qualified census tract under subsection
(a) may submit to the Administrator an application for certification as a qualified HUBZone small business concern.
(2) Certification.--The Administrator may not certify a small business concern that submits an application under paragraph (1) as a qualified HUBZone small business concern before the date on which the Administrator determines which areas qualify as HUBZones.
(d) Rule of Construction.--Nothing in this section may be construed to affect the date on which a census tract is designated as a qualified census tract for purposes of section 42 of the Internal Revenue Code of 1986.
______
SA 272. 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 follows:
On page 49, line 16, strike ``and''.
On page 49, between lines 18 and 19, insert the following:
(C) in subparagraph (C), by striking ``and'' at the end;
(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 and manufacturing in the United States new commercial products and processes resulting from such projects.'';
On page 78, line 2, strike ``or''.
On page 78, line 4, strike ``and'' and insert ``or''.
On page 78, between lines 4 and 5, insert the following:
``(viii)(I) has a product, process, technology, or service that received funding under the SBIR program of the Federal agency and that is produced or delivered for sale to or use by the Federal Government or commercial markets; and
``(II) for each product, process, technology, or service described in subclause (I), is testing or producing the product, process, technology, or service in the United States; and
On page 80, line 5, strike ``or''.
On page 80, line 15, strike ``and'' and insert ``or''.
On page 80, between lines 15 and 16, insert the following:
``(viii)(I) has a product, process, technology, or service that received funding under the STTR program of the Federal agency and that is produced or delivered for sale to or use by the Federal Government or commercial markets; and
``(II) for each product, process, technology, or service described in subclause (I), is testing or producing the product, process, technology, or service in the United States; and
On page 81, line 24, strike ``or''.
On page 82, strike line 5 and insert the following:
(20 U.S.C. 1001); or
``(vi)(I) has a product, process, technology, or service that received funding under the SBIR or STTR program of the Federal agency and that is produced or delivered for sale to or use by the Federal Government or commercial markets; and
``(II) for each product, process, technology, or service described in subclause (I), is testing or producing the product, process, technology, or service in the United States.''.
On page 83, line 15, strike ``and''.
On page 83, strike line 22 and insert the following:
program; and
``(ix) whether the small business concern--
``(I) has a product, process, technology, or service that received funding under the SBIR or STTR program of a Federal agency and that is produced or delivered for sale to or use by the Federal Government or commercial markets; and
``(II) for each product, process, technology, or service described in subclause (I), is testing or producing the product, process, technology, or service in the United States;'';
On page 90, line 10, strike ``and''.
On page 90, strike line 13 and insert the following:
STTR program of the agency; and
``(D) estimate, to the extent practicable, the amount of production and manufacturing in the United States that resulted from awards under the SBIR program or STTR program of the agency; and
``(E) make recommendations, if any, for changes to the SBIR program or STTR program of the agency that would increase production and manufacturing 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, and manufacturing in the United States; and
On page 115, line 8, insert after ``programs'' the following: ``, including the impact on production and manufacturing in the United States''.
At the end, add the following:
SEC. 504. REQUIREMENT TO PERFORM RESEARCH AND RESEARCH AND
DEVELOPMENT WORK IN THE UNITED STATES.
Section 9 of the Small Business Act (15 U.S.C. 638), as amended by this Act, is amended by adding at the end the following:
``(nn) Requirement to Perform Research and Research and Development Work in the United States.--
``(1) In general.--Except as provided in paragraph (2), a small business concern that receives a Phase I or Phase II award under an SBIR program or STTR program (including an award under a pilot program under subsection (ff)) shall perform or obtain the research or research and development work required under the award in the United States.
``(2) Exception.--A Federal agency that makes an award under the SBIR program or STTR program may approve a specific portion of research or research and development work under the award to be performed or obtained outside the United States if--
``(A) a rare or unique circumstance, including a supply, material, or other item that is not available in the United States, requires the portion of the work to be performed or obtained outside the United States; and
``(B) the Federal agency makes the approval in writing.''.
______
SA 273. Mr. COBURN (for himself and Mr. Warner) 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 title V, add the following:
SEC.__. CONSOLIDATING UNNECESSARY DUPLICATIVE AND OVERLAPPING
GOVERNMENT PROGRAMS.
Notwithstanding any other provision of law, not later than 150 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 relevant department and agencies to--
(1) use available administrative authority to eliminate, consolidate, or streamline Government programs and agencies with duplicative and overlapping missions identified in the March 2011 Government Accountability Office report to Congress entitled ``Opportunities to Reduce Potential Duplication in Government Programs, Save Tax Dollars, and Enhance Revenue'' (GAO-11-318SP) and apply the savings towards deficit reduction;
(2) identify and report to Congress any legislative changes required to further eliminate, consolidate, or streamline Government programs and agencies with duplicative and overlapping missions identified in the March 2011 Government Accountability Office report to Congress entitled
``Opportunities to Reduce Potential Duplication in Government Programs, Save Tax Dollars, and Enhance Revenue'' (GAO-11-318SP);
(3) determine the total cost savings that shall result to each agency, office, and department from the actions described in subsection (1); and
(4) rescind from the appropriate accounts the amount greater of--
(A) $5,000,000,000; or
(B) the total amount of cost savings estimated by paragraph
(3).
______
SA 274. Mr. COBURN submitted an amendment intended to be proposed by him to the bill S. 493, to reauthorize and improve the SBIR and STIR programs, and for other purposes; which was ordered to lie on the table; as follows:
At the end of title V, add the following:
SEC.__. TERMINATING LEFTOVER CONGRESSIONAL EARMARK ACCOUNTS.
(a) In General.--Any language specifying an earmark in an appropriations Act for fiscal year 2010, or in a committee report or joint explanatory statement accompanying such an Act, shall have no legal effect with respect to funds appropriated after Fiscal Year 2010.
(b) Definition.--For purposes of this section, the term
``earmark'' means a congressional earmark or congressionally directed spending item, as defined in clause 9(e) of rule XXI of the Rules of the House of Representatives and paragraph 5(a) of rule XLIV.
(c) Reduction Required.--Any funds appropriated in fiscal year 2011 to any program shall be reduced by the total amount of congressional earmarks or congressionally directed spending items contained within a committee report or joint explanatory statement accompanying such an Act that provided appropriations to the program in fiscal year 2010.
(d) Rescission.--The amounts reduced by subsection (c) are rescinded and returned to the Treasury for the purpose of deficit reduction.
(e) Prior Law.--Subsections (c) and (d) shall not apply to any programs or accounts that were reduced in the same manner by Public Law 112-4 or any other bill that takes effect prior to date of enactment of this Act.
______
SA 275. Ms. SNOWE (for herself, Mr. Thune, Mr. Rubio, Mr. Moran, Mr. Brown of Massachusetts, Mr. Enzi, and Mr. Vitter) 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:
SEC. 504. USE OF STIMULUS FUNDS TO OFFSET.
Notwithstanding section 5 of the American Recovery and Reinvestment Act of 2009 (Public Law 111-5; 123 Stat. 116),
$150,000,000 is rescinded on a pro rata basis, by account, from unobligated amounts appropriated or made available under division A of the American Recovery and Reinvestment Act of 2009 (Public Law 111-5; 123 Stat. 116) (other than under title X of division A of such Act) in order to offset the cost under this Act, and the amendments made by this Act, relating to the SBIR program or the STTR program. The Director of the Office of Management and Budget shall report to each congressional committee the amounts rescinded under this subsection within the jurisdiction of such committee.
______
SA 276. Mr. PAUL proposed an amendment to the bill S. 493, to reauthorize and improve the SBIR and STTR programs, and for other purposes; as follows:
At the appropriate place, insert the following:
It is the sense of the Senate, that ``The President does not have power under the Constitution to unilaterally authorize a military attack in a situation that does not involve stopping an actual or imminent threat to the nation''.
______
SA 277. Ms. STABENOW (for herself and Mr. Brown of Ohio) 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 116, after line 24, add the following:
SEC. 504. SUSPENSION OF STATIONARY SOURCE GREENHOUSE GAS
REGULATIONS.
(a) Defined Term.--In this section, the term ``greenhouse gas'' means--
(1) water vapor;
(2) carbon dioxide;
(3) methane;
(4) nitrous oxide;
(5) sulfur hexafluoride;
(6) hydrofluorocarbons;
(7) perfluorocarbons; and
(8) any other substance subject to, or proposed to be subject to, any regulation, action, or consideration under the Clean Air Act (42 U.S.C. 7401 et seq.) to address climate change.
(b) In General.--Except as provided in subsection (d), and notwithstanding any provision of the Clean Air Act (42 U.S.C. 7401 et seq.), any requirement, restriction, or limitation under such Act relating to a greenhouse gas that is designed to address climate change, including any permitting requirement or requirement under section 111 of such Act (42 U.S.C. 7411), for any source other than a new motor vehicle or a new motor vehicle engine (as described in section 202(a) of such Act (42 U.S.C. 7521(a)), shall not be legally effective during the 2-year period beginning on the date of the enactment of this Act.
(c) Treatment.--Notwithstanding any other provision of law, any action by the Administrator of the Environmental Protection Agency before the end of the 2-year period described in subsection (b) that causes greenhouse gases to be pollutants subject to regulation under the Clean Air Act
(42 U.S.C. 7401 et seq.), except for purposes other than addressing climate change, shall not be legally effective with respect to any source other than a new motor vehicle or a new motor vehicle engine (as described in section 202 of such Act).
(d) Exceptions.--Subsections (b) and (c) shall not apply to--
(1) the implementation and enforcement of the rule entitled
``Light-Duty Vehicle Greenhouse Gas Emission Standards and Corporate Average Fuel Economy Standards'' (75 Fed. Reg. 25324 (May 7, 2010) and without further revision);
(2) the finalization, implementation, enforcement, and revision of the proposed rule entitled ``Greenhouse Gas Emissions Standards and Fuel Efficiency Standards for Medium- and Heavy-Duty Engines and Vehicles'' published at 75 Fed. Reg. 74152 (November 30, 2010);
(3) any action relating to the preparation of a report or the enforcement of a reporting requirement; or
(4) any action relating to the provision of technical support at the request of a State.
SEC. 505. GREENHOUSE GAS EMISSIONS FROM AGRICULTURAL SOURCES.
In calculating the emissions or potential emissions of a source or facility, emissions of greenhouse gases that are subject to regulation under title III of the Clean Air Act
(42 U.S.C. 7601 et seq.) solely on the basis of the effect of the gases on global climate change shall be excluded if the emissions are from--
(1) changes in land use;
(2) the growing of commodities, biomass, fruits, vegetables, or other crops;
(3) the raising of stock, dairy, poultry, or fur-bearing animals; or
(4) farms, forests, plantations, ranches, nurseries, ranges, orchards, greenhouses, or other similar structures used primarily for the raising of agricultural or horticultural commodities.
SEC. 506. EXTENSION OF THE ADVANCED ENERGY PROJECT CREDIT.
(a) In General.--Subsection (d) of section 48C of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph:
``(6) Additional 2011 allocations.--
``(A) In general.--Not later than 180 days after the date of the enactment of this paragraph, the Secretary, in consultation with the Secretary of Energy, shall establish a program to consider and award certifications for qualified investments eligible for credits under this section to qualifying advanced energy project sponsors with respect to applications received on or after the date of the enactment of this paragraph.
``(B) Limitation.--The total amount of credits that may be allocated under the program described in subparagraph (A) shall not exceed the 2011 allocation amount reduced by so much of the 2011 allocation amount as is taken into account as an increase in the limitation described in paragraph (1)(B).
``(C) Application of certain rules.--Rules similar to the rules of paragraphs (2), (3), (4), and (5) shall apply for purposes of the program described in subparagraph (A), except that--
``(i) Certification.--Applicants shall have 2 years from the date that the Secretary establishes such program to submit applications.
``(ii) Selection criteria.--For purposes of paragraph
(3)(B)(i), the term `domestic job creation (both direct and indirect)' means the creation of direct jobs in the United States producing the property manufactured at the manufacturing facility described under subsection
(c)(1)(A)(i), and the creation of indirect jobs in the manufacturing supply chain for such property in the United States.
``(iii) Review and redistribution.--The Secretary shall conduct a separate review and redistribution under paragraph
(5) with respect to such program not later than 4 years after the date of the enactment of this paragraph.
``(D) 2011 allocation amount.--For purposes of this subsection, the term `2011 allocation amount' means
$5,000,000,000.
``(E) Direct payments.--In lieu of any qualifying advanced energy project credit which would otherwise be determined under this section with respect to an allocation to a taxpayer under this paragraph, the Secretary shall, upon the election of the taxpayer, make a grant to the taxpayer in the amount of such credit as so determined. Rules similar to the rules of section 50 shall apply with respect to any grant made under this subparagraph.''.
(b) Portion of 2011 Allocation Allocated Toward Pending Applications Under Original Program.--Subparagraph (B) of section 48C(d)(1) of such Code is amended by inserting
``(increased by so much of the 2011 allocation amount (not in excess of $1,500,000,000) as the Secretary determines necessary to make allocations to qualified investments with respect to which qualifying applications were submitted before the date of the enactment of paragraph (6))'' after
``$2,300,000,000''.
(c) Conforming Amendment.--Paragraph (2) of section 1324(b) of title 31, United States Code, is amended by inserting
``48C(d)(6)(E),'' after ``36C,''.
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