[Congressional Record Volume 156, Number 77 (Thursday, May 20, 2010)]
[Senate]
[Pages S4084-S4092]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS
By Mr. FRANKEN (for himself, Ms. Miklulski, Mr. Merkley, Mrs.
Gillibrand, Mr. Kerry, Mr. Harkin, Mr. Casey, Mrs. Murray, Mr.
Bingaman, Mr. Feingold, Mr. Cardin, Mr. Sanders, Ms. Cantwell, Mr.
Brown of Ohio, Mr. Dodd, Mr. Begich, Mr. Durbin, Mr. Lautenberg, Mr.
Leahy, Mr. Menendez, Mr. Whitehouse, Mr. Wyden, Mr. Akaka, and Ms.
Klobuchar):
S. 3390. A bill to end the discrimination based on actual or
perceived sexual orientation or gender identity in public schools, and
for other purposes; to the Committee on Health, Education, Labor, and
Pensions.
Mr. FRANKEN. Mr. President, all men are created equal. Our Nation's
greatest leaders, like Thomas Jefferson, Susan B. Anthony, and Martin
Luther King, Jr. have shaped the course of our history by furthering
our understanding of this principle. It is because of their struggle to
illuminate it that we now live under a system of laws that provides
equal protection to Americans, regardless of their race, gender, or
religion. It is because of their chutzpah that I, a Jew, can stand
before you today as a United States Senator.
But there is one group for whom our realization of that principle has
not advanced quickly enough. Gay Americans continue to be treated as
second-class citizens in our society and under our laws. Nowhere is the
unequal treatment of gay Americans more destructive than in our
nation's public schools.
Currently, Federal law provides no explicit protection to gay
students against discrimination and harassment. While Federal civil
rights statutes prohibit discrimination and harassment against students
based on race, sex, religion, and national origin, these laws do not
explicitly address sexual orientation or gender identity.
To remedy this injustice, I and 22 of my Senate colleagues are
introducing the Student Non-Discrimination Act today. This legislation
will prohibit schools from discriminating against or ignoring the
harassment of students based on their sexual orientation or gender
identity. The bill would also provide meaningful remedies for such
discrimination, modeled on Title IX.
These protections are sorely needed. Let me tell you a sad fact--
nearly nine out of ten LGBT students are harassed in school. This
harassment deprives them of an equal education. Rochelle, a gay high
school student from California who was harassed in school, explains why
with a simple question. She asks, ``How was I supposed to learn when I
was constantly scared?'' For students like Rochelle, school is not a
place to learn. Rather it is a place to be bullied, beaten down, and
humiliated. It is no wonder that gay students who are harassed in
school are more likely to skip school, underachieve, and eventually
drop out.
In its worst form, the harassment of LGBT students can lead to life-
threatening violence and suicide. We have
[[Page S4085]]
seen this in all too many high-profile cases in recent years, such as
that of Carl Walker Hoover, an 11-year-old boy from Massachusetts who
hung himself last April. Before he committed suicide, Carl was taunted
by his classmates on a daily basis for allegedly being gay despite his
mother's weekly pleas to his school to address the problem. Carl's
death came only about a year after Lawrence King, an eighth grader in
California, was shot and killed by a classmate for allegedly being gay.
To be clear, it is not simply students who are to blame for the
harassment of their gay classmates. Students who harass their gay peers
have often internalized the anti-gay bias of the adults around them.
Sometimes their bullying is even condoned by adults at school--through
the silence of school staff who witness the bullying or through their
encouragement of the behavior.
This was certainly the case for Alex, a 16-year-old boy from Anoka,
MN, whose teachers mocked him in front of his classmates for allegedly
being gay. When Alex mentioned Benjamin Franklin in a paper, his social
studies teacher taunted him for ``having a thing for older men.'' A
second teacher who taught a course on law enforcement volunteered Alex
for a student fashion show, joking that Alex ``loves to dress in
women's clothes.'' Alex's peers soon caught on to the joke, and began
taunting him too. The harassment grew so severe that Alex eventually
switched schools.
Because Alex lives in Minnesota--one of 14 States that prohibit
discrimination based on sexual orientation in school--Alex and his
family were able to hold his school district accountable. They filed a
complaint with the Minnesota Department of Human Rights. After the
Department found that Alex had been subjected to ``severe and
pervasive'' harassment, the school district settled the case. The
district provided Alex and his family financial compensation, and
adopted new rules to prevent the harassment of LGBT students.
Minnesota's law is effective not only because it holds school
districts accountable for discrimination, but also because it provides
a powerful incentive for districts to adopt policies to prevent
discrimination from occurring in the first place.
It is time that we extend the equal rights afforded to Minnesota
students to students all across the country. No student should be
subjected to the ridicule and physical violence that LGBT students so
often experience in school. I urge my colleagues to join me today in
supporting the Student Non-Discrimination Act. It is time we demanded
equal treatment for all of our children under the law.
Mr. President, I ask unanimous consent that the text of the bill be
printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
S. 3390
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Student Nondiscrimination
Act of 2010''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--The Congress finds the following:
(1) Public school students who are lesbian, gay, bisexual,
or transgender (referred to in this Act as ``LGBT''), or are
perceived to be LGBT, or who associate with LGBT people, have
been and are subjected to pervasive discrimination, including
harassment, bullying, intimidation, and violence, and have
been deprived of equal educational opportunities, in schools
in every part of the Nation.
(2) While discrimination, including harassment, bullying,
intimidation, and violence, of any kind is harmful to
students and to the education system, actions that target
students based on sexual orientation or gender identity
represent a distinct and especially severe problem.
(3) Numerous social science studies demonstrate that
discrimination, including harassment, bullying, intimidation,
and violence, at school has contributed to high rates of
absenteeism, dropping out, adverse health consequences, and
academic underachievement, among LGBT youth.
(4) When left unchecked, discrimination, including
harassment, bullying, intimidation, and violence, in schools
based on sexual orientation or gender identity can lead, and
has led, to life-threatening violence and to suicide.
(5) Public school students enjoy a variety of
constitutional rights, including rights to equal protection,
privacy, and free expression, which are infringed when school
officials engage in or are indifferent to discrimination,
including harassment, bullying, intimidation, and violence,
on the basis of sexual orientation or gender identity.
(6) While Federal statutory provisions expressly address
discrimination on the basis of race, color, sex, religion,
disability, and national origin, Federal civil rights
statutes do not expressly address discrimination on the
basis of sexual orientation or gender identity. As a result,
students and parents have often had limited recourse to law
for remedies for discrimination on the basis of sexual
orientation or gender identity.
(b) Purposes.--The purposes of this Act are--
(1) to ensure that all students have access to public
education in a safe environment free from discrimination,
including harassment, bullying, intimidation, and violence,
on the basis of sexual orientation or gender identity;
(2) to provide a comprehensive Federal prohibition of
discrimination in public schools based on actual or perceived
sexual orientation or gender identity;
(3) to provide meaningful and effective remedies for
discrimination in public schools based on actual or perceived
sexual orientation or gender identity; and
(4) to invoke congressional powers, including the power to
enforce the 14th amendment to the Constitution and to provide
for the general welfare pursuant to section 8 of article I of
the Constitution and the power to make all laws necessary and
proper for the execution of the foregoing powers pursuant to
section 8 of article I of the Constitution, in order to
prohibit discrimination in public schools on the basis of
sexual orientation or gender identity.
SEC. 3. DEFINITIONS AND RULE.
(a) Definitions.--For purposes of this Act:
(1) Educational agency.--The term ``educational agency''
means a local educational agency, an educational service
agency, and a State educational agency, as those terms are
defined in section 9101 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7801).
(2) Gender identity.--The term ``gender identity'' means
the gender-related identity, appearance, or mannerisms or
other gender-related characteristics of an individual, with
or without regard to the individual's designated sex at
birth.
(3) Harassment.--The term ``harassment'' means conduct that
is sufficiently severe, persistent, or pervasive to limit a
student's ability to participate in or benefit from a program
or activity of a public school or educational agency, or to
create a hostile or abusive educational environment at a
program or activity of a public school or educational agency,
including acts of verbal, nonverbal, or physical aggression,
intimidation, or hostility, if such conduct is based on--
(A) a student's actual or perceived sexual orientation or
gender identity; or
(B) the actual or perceived sexual orientation or gender
identity of a person with whom a student associates or has
associated.
(4) Program or activity.--The terms ``program or activity''
and ``program'' have the same meanings given such terms as
applied under section 606 of the Civil Rights Act of 1964 (42
U.S.C. 2000d-4a) to the operations of public entities under
paragraph (2)(B) of such section.
(5) Public school.--The term ``public school'' means an
elementary school (as the term is defined in section 9101 of
the Elementary and Secondary Education Act of 1965) that is a
public institution, and a secondary school (as so defined)
that is a public institution.
(6) Sexual orientation.--The term ``sexual orientation''
means homosexuality, heterosexuality, or bisexuality.
(7) Student.--The term ``student'' means an individual who
is enrolled in a public school or who, regardless of official
enrollment status, attends classes or participates in the
programs or activities of a public school or educational
agency.
(b) Rule.--Consistent with Federal law, in this Act the
term ``includes'' means ``includes but is not limited to''.
SEC. 4. PROHIBITION AGAINST DISCRIMINATION.
(a) In General.--No student shall, on the basis of actual
or perceived sexual orientation or gender identity of such
individual or of a person with whom the student associates or
has associated, be excluded from participation in, be denied
the benefits of, or be subjected to discrimination under any
program or activity receiving Federal financial assistance.
(b) Harassment.--For purposes of this Act, discrimination
includes harassment of a student on the basis of actual or
perceived sexual orientation or gender identity of such
student or of a person with whom the student associates or
has associated.
(c) Retaliation Prohibited.--
(1) Prohibition.--No person shall be excluded from
participation in, be denied the benefits of, or be subjected
to discrimination, retaliation, or reprisal under any program
or activity receiving Federal financial assistance based on
the person's opposition to conduct made unlawful by this Act.
(2) Definition.--For purposes of this subsection,
``opposition to conduct made unlawful by this Act''
includes--
(A) opposition to conduct reasonably believed to be made
unlawful by this Act;
(B) any formal or informal report, whether oral or written,
to any governmental entity, including public schools and
educational agencies and employees of the public schools
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or educational agencies, regarding conduct made unlawful by
this Act or reasonably believed to be made unlawful by this
Act;
(C) participation in any investigation, proceeding, or
hearing related to conduct made unlawful by this Act or
reasonably believed to be made unlawful by this Act; and
(D) assistance or encouragement provided to any other
person in the exercise or enjoyment of any right granted or
protected by this Act,
if in the course of that expression, the person involved does
not purposefully provide information known to be false to any
public school or educational agency or other governmental
entity regarding conduct made unlawful, or reasonably
believed to be made unlawful, by this Act.
SEC. 5. FEDERAL ADMINISTRATIVE ENFORCEMENT; REPORT TO
CONGRESSIONAL COMMITTEES.
(a) Requirements.--Each Federal department and agency which
is empowered to extend Federal financial assistance to any
education program or activity, by way of grant, loan, or
contract other than a contract of insurance or guaranty, is
authorized and directed to effectuate the provisions of
section 4 with respect to such program or activity by issuing
rules, regulations, or orders of general applicability which
shall be consistent with achievement of the objectives of the
statute authorizing the financial assistance in connection
with which the action is taken. No such rule, regulation, or
order shall become effective unless and until approved by the
President.
(b) Enforcement.--Compliance with any requirement adopted
pursuant to this section may be effected--
(1) by the termination of or refusal to grant or to
continue assistance under such program or activity to any
recipient as to whom there has been an express finding on the
record, after opportunity for hearing, of a failure to comply
with such requirement, but such termination or refusal shall
be limited to the particular political entity, or part
thereof, or other recipient as to whom such a finding has
been made, and shall be limited in its effect to the
particular program, or part thereof, in which such
noncompliance has been so found; or
(2) by any other means authorized by law,
except that no such action shall be taken until the
department or agency concerned has advised the appropriate
person or persons of the failure to comply with the
requirement and has determined that compliance cannot be
secured by voluntary means.
(c) Reports.--In the case of any action terminating, or
refusing to grant or continue, assistance because of failure
to comply with a requirement imposed pursuant to this
section, the head of the Federal department or agency shall
file with the committees of the House of Representatives and
Senate having legislative jurisdiction over the program or
activity involved a full written report of the circumstances
and the grounds for such action. No such action shall become
effective until 30 days have elapsed after the filing of such
report.
SEC. 6. CAUSE OF ACTION.
(a) Cause of Action.--Subject to subsection (c), an
aggrieved individual may bring an action in a court of
competent jurisdiction, asserting a violation of this Act.
Aggrieved individuals may be awarded all appropriate relief,
including equitable relief, compensatory damages, and costs
of the action.
(b) Rule of Construction.--This section shall not be
construed to preclude an aggrieved individual from obtaining
remedies under any other provision of law or to require such
individual to exhaust any administrative complaint process or
notice of claim requirement before seeking redress under this
section.
(c) Statute of Limitations.--For actions brought pursuant
to this section, the statute of limitations period shall be
determined in accordance with section 1658(a) of title 28,
United States Code. The tolling of any such limitations
period shall be determined in accordance with the law
governing actions under section 1979 of the Revised Statutes
(42 U.S.C. 1983) in the State in which the action is brought.
SEC. 7. STATE IMMUNITY.
(a) State Immunity.--A State shall not be immune under the
11th amendment to the Constitution from suit in Federal court
for a violation of this Act.
(b) Waiver.--A State's receipt or use of Federal financial
assistance for any program or activity of a State shall
constitute a waiver of sovereign immunity, under the 11th
amendment or otherwise, to a suit brought by an aggrieved
individual for a violation of section 4.
(c) Remedies.--In a suit against a State for a violation of
this Act, remedies (including remedies both at law and in
equity) are available for such a violation to the same extent
as such remedies are available for such a violation in the
suit against any public or private entity other than a State.
SEC. 8. ATTORNEY'S FEES.
Section 722(b) of the Revised Statutes (42 U.S.C. 1988(b))
is amended by inserting ``the Student Nondiscrimination Act
of 2010,'' after ``Religious Land Use and Institutionalized
Persons Act of 2000,''.
SEC. 9. EFFECT ON OTHER LAWS.
(a) Federal and State Nondiscrimination Laws.--Nothing in
this Act shall be construed to preempt, invalidate, or limit
rights, remedies, procedures, or legal standards available to
victims of discrimination or retaliation, under any other
Federal law or law of a State or political subdivision of a
State, including title VI of the Civil Rights Act of 1964 (42
U.S.C. 2000d et seq.), title IX of the Education Amendments
of 1972 (20 U.S.C. 1681 et seq.), section 504 of the
Rehabilitation Act of 1973 (29 U.S.C. 794), the Americans
with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.), or
section 1979 of the Revised Statutes (42 U.S.C. 1983). The
obligations imposed by this Act are in addition to those
imposed by title VI of the Civil Rights Act of 1964 (42
U.S.C. 2000d et seq.), title IX of the Education Amendments
of 1972 (20 U.S.C. 1681 et seq.), section 504 of the
Rehabilitation Act of 1973 (29 U.S.C. 794), the Americans
with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.), and
section 1979 of the Revised Statutes (42 U.S.C. 1983).
(b) Free Speech and Expression Laws and Religious Student
Groups.--Nothing in this Act shall be construed to alter
legal standards regarding, or affect the rights available to
individuals or groups under, other Federal laws that
establish protections for freedom of speech and expression,
such as legal standards and rights available to religious and
other student groups under the first amendment and the Equal
Access Act (20 U.S.C. 4071 et seq).
SEC. 10. SEVERABILITY.
If any provision of this Act, or any application of such
provision to any person or circumstance, is held to be
unconstitutional, the remainder of this Act, and the
application of the provision to any other person or
circumstance shall not be impacted.
SEC. 11. EFFECTIVE DATE.
This Act shall take effect 60 days after the date of
enactment of this Act and shall not apply to conduct
occurring before the effective date of this Act.
Mr. LEAHY. Mr. President, I am proud to join Senator Franken in
sponsoring the Student Non-Discrimination Act of 2010, SNDA, an
important step in our march toward a more inclusive Nation. This bill
continues the civil rights work we began earlier this Congress when I
offered the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention
Act as an amendment to the defense authorization bill last year. The
Student Non-Discrimination Act will ensure that under Federal law, all
public school children are protected equally from discrimination.
Children deserve a safe environment where they can learn the skills and
knowledge necessary to be good citizens.
More than 55 years ago, in the landmark case of Brown v. Board of
Education, the Supreme Court reaffirmed our Nation's commitment to
justice and equal rights for all Americans by ending racial segregation
in our public schools. A unanimous Court recognized that ``it is
doubtful that any child may reasonably be expected to succeed in life
if he [or she] is denied the opportunity of an education. Such an
opportunity, where the state has undertaken to provide it, is a right
which must be made available to all on equal terms.''
Congress continued on the path of progress by passing laws like the
Civil Rights Act of 1964, the Education Amendments of 1972, and the
Rehabilitation Act of 1973. These laws protected students in federally-
funded public schools from discrimination and harassment based on race,
national origin, sex, and disability. President John F. Kennedy said in
1963, ``Simple justice requires that public funds, to which all
taxpayers . . . contribute, not be spent in any fashion which
encourages, entrenches, subsidizes or results in . . .
discrimination.''
Tragically, for far too long, U.S. taxpayer dollars have gone to
public school systems that tolerate or perpetuate discrimination,
harassment, and even violence based on sexual orientation and gender
identity. To paraphrase Dr. Martin Luther King, Jr., ``now is the time
to make justice a reality'' for all of our children--now is the time
for Congress to extend existing Federal protections against
discrimination to all public school students.
The legislation we introduce today does just that by prohibiting
discrimination and harassment based on actual or perceived sexual
orientation and gender identity in public, non-religious, federally-
funded schools.
Vermont has recognized the importance of creating a safe school
environment for our children. In 1993, the State legislature enacted a
law to protect school children from harassment based on sexual
orientation, and in 2007, the law was strengthened to protect against
harassment based on gender identity. Nine other States and the District
of Columbia protect school children from discrimination based on
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gender identity and sexual orientation. This legislation makes clear
that it would not preempt state laws such as those in Vermont, which
provide additional protections and remedies.
The Student Non-Discrimination Act also preserves our First Amendment
freedoms of expression and religion. The bill is narrowly tailored to
comply with the Supreme Court's First Amendment precedents. It includes
provisions that explicitly exempt parochial schools, and to make clear
that religious groups in public schools continue to be protected by the
First Amendment and the Equal Access Act.
I urge all Senators to come together to support this important bill
to ensure that all of our students are given the opportunity to
succeed, free from harassment or discrimination.
______
By Ms. LANDRIEU (for herself and Ms. Snowe):
S. 3394. A bill to establish the veterans' business center program,
to improve the programs for veterans of the Small Business
Administration, and for other purposes; to the Committee on Small
Business and Entrepreneurship.
Ms. LANDRIEU. Mr. President, as Chair of the Committee on Small
Business and Entrepreneurship, I am pleased to introduce the
Strengthening Entrepreneurship for America's Veterans Act of 2010. This
vital and timely legislation builds upon the Small Business
Administration's, SBA, existing counseling programs that successfully
assist hundreds of thousands of veterans, service-disabled veterans and
reservists annually, creating thousands of jobs. By strengthening and
improving these programs, the SBA will be able to reach even more
veterans, helping them to achieve their dream of starting or growing
their own small businesses.
According to the Department of Veteran Affairs, there are currently
more than 23.8 million veterans in the United States. Since 2001 alone,
more than 2 million of these servicemembers have been deployed in
support of Operation Enduring Freedom and Operation Iraqi Freedom. This
means that every day, hundreds of new veterans are returning home from
service in Iraq and Afghanistan. Seeking to move on with their lives
after long deployments, many veterans become entrepreneurs to support
both themselves and their families.
However, in the face of historically high unemployment and tight
credit, starting a business has never been more difficult. During the
111th Congress, the Committee has heard from many small business owners
throughout the country. They have told me that the programs and
services currently offered by SBA provide access to important resources
that enable them to start, grow and expand their businesses. But in the
face of the worst economic recession since the Great Depression, demand
for these services is at an all time high. For these reasons, it is
critical that we do more to help our entrepreneurs and small
businesses, especially the hundreds of veterans returning home each day
who are significantly more likely to struggle to find work.
That is why today I am introducing the Strengthening Entrepreneurship
for America's Veterans Act of 2010. Since the passage of legislation
establishing the Office of Veterans Business Development, OVBD, in
1999, the SBA has operated a network of centers and programs that
provide technical assistance and support to veterans interested in
starting or growing their own small businesses. This legislation will
further enhance and improve these existing programs by providing more
increased access to business counseling and technical assistance
through a new network of Veterans Business Centers, modeled after the
successful Small Business Development Centers, SBDC, and Women's
Business Centers, WBC, programs. The Veterans Business Center Program
will not only provide services to returning veterans and service-
disabled veterans, but also to the families, spouses and surviving
spouses of these heroic men and women.
In closing, I would like to thank Senator Snowe for her continued
leadership on small business issues and especially for her
cosponsorship of this important legislation. Senator Snowe has been a
tireless advocate for the many veterans and reservists in her home
state of Maine and I am pleased to have her support on this
legislation.
I would also note that many of the provisions in this bill were
included in S. 1229, the Entrepreneurial Development Act of 2009, which
I introduced earlier this Congress with Senator Snowe's support. S.
1229 passed out of Committee with unanimous and bipartisan support in
June of 2009. However, given the importance of this legislation to our
more than 23 million veterans, I have decided to reintroduce these
provisions as a standalone bill. I look forward to working with my
colleagues in the Senate to bring this legislation to the President's
desk in the coming months.
Mr. President, I ask unanimous consent that the text of the bill be
printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
S. 3394
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Strengthening
Entrepreneurship for America's Veterans Act of 2010''.
SEC. 2. VETERANS' BUSINESS CENTER PROGRAM; OFFICE OF VETERANS
BUSINESS DEVELOPMENT.
(a) In General.--Section 32 of the Small Business Act (15
U.S.C. 657b) is amended by striking subsection (f) and
inserting the following:
``(f) Online Coordination.--
``(1) Definition.--In this subsection, the term `veterans'
assistance provider' means--
``(A) a veterans' business center established under
subsection (g);
``(B) an employee of the Administration assigned to the
Office of Veterans Business Development; and
``(C) a veterans business ownership representative
designated under subsection (g)(13)(B).
``(2) Establishment.--The Associate Administrator shall
establish an online mechanism to--
``(A) provide information that assists veterans' assistance
providers in carrying out the activities of the veterans'
assistance providers; and
``(B) coordinate and leverage the work of the veterans'
assistance providers, including by allowing a veterans'
assistance provider to--
``(i) distribute best practices and other materials;
``(ii) communicate with other veterans' assistance
providers regarding the activities of the veterans'
assistance provider on behalf of veterans; and
``(iii) pose questions to and request input from other
veterans' assistance providers.
``(g) Veterans' Business Center Program.--
``(1) Definitions.--In this subsection--
``(A) the term `active duty' has the meaning given that
term in section 101 of title 10, United States Code;
``(B) the term `private nonprofit organization' means an
entity that is described in section 501(c) of the Internal
Revenue Code of 1986 and exempt from taxation under section
501(a) of such Code;
``(C) the term `Reservist' means a member of a reserve
component of the Armed Forces, as described in section 10101
of title 10, United States Code;
``(D) the term `Service Corps of Retired Executives' means
the Service Corps of Retired Executives authorized under
section 8(b)(1);
``(E) the term `small business concern owned and controlled
by veterans'--
``(i) has the same meaning as in section 3(q); and
``(ii) includes a small business concern--
``(I) not less than 51 percent of which is owned by one or
more spouses of veterans or, in the case of any publicly
owned business, not less than 51 percent of the stock of
which is owned by one or more spouses of veterans; and
``(II) the management and daily business operations of
which are controlled by one or more spouses of veterans;
``(F) the term `spouse', relating to a veteran, service-
disabled veteran, or Reservist, includes an individual who is
the spouse of a veteran, service-disabled veteran, or
Reservist on the date on which the veteran, service-disabled
veteran, or Reservist died;
``(G) the term `veterans' business center program' means
the program established under paragraph (2)(A); and
``(H) the term `women's business center' means a women's
business center described in section 29.
``(2) Program established.--
``(A) In general.--The Administrator, acting through the
Associate Administrator, shall establish a veterans' business
center program, under which the Associate Administrator may
provide financial assistance to a private nonprofit
organization to conduct a 5-year project for the benefit of
small business concerns owned and controlled by veterans,
which may be renewed for one or more additional 5-year
periods.
``(B) Form of financial assistance.--Financial assistance
under this subsection may be in the form of a grant, a
contract, or a cooperative agreement.
``(3) Veterans' business centers.--Each private nonprofit
organization that receives
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financial assistance under this subsection shall establish or
operate a veterans' business center (which may include
establishing or operating satellite offices in the region
described in paragraph (5) served by that private nonprofit
organization) that provides to veterans (including service-
disabled veterans), Reservists, and the spouses of veterans
(including service-disabled veterans) and Reservists--
``(A) financial advice, including training and counseling
on applying for and securing business credit and investment
capital, preparing and presenting financial statements, and
managing cash flow and other financial operations of a small
business concern;
``(B) management advice, including training and counseling
on the planning, organization, staffing, direction, and
control of each major activity and function of a small
business concern;
``(C) marketing advice, including training and counseling
on identifying and segmenting domestic and international
market opportunities, preparing and executing marketing
plans, developing pricing strategies, locating contract
opportunities, negotiating contracts, and using public
relations and advertising techniques; and
``(D) advice, including training and counseling, for
Reservists and the spouses of Reservists.
``(4) Application.--
``(A) In general.--A private nonprofit organization
desiring to receive financial assistance under this
subsection shall submit an application to the Associate
Administrator at such time and in such manner as the
Associate Administrator may require.
``(B) 5-year plan.--Each application described in
subparagraph (A) shall include a 5-year plan on proposed
fundraising and training activities relating to the veterans'
business center.
``(C) Determination and notification.--Not later than 60
days after the date on which a private nonprofit organization
submits an application under subparagraph (A), the Associate
Administrator shall approve or deny the application and
notify the applicant of the determination.
``(D) Availability of application.--The Associate
Administrator shall make every effort to make the application
under subparagraph (A) available online.
``(5) Eligibility.--The Associate Administrator may select
to receive financial assistance under this subsection--
``(A) a Veterans Business Outreach Center established by
the Administrator under section 8(b)(17) on or before the day
before the date of enactment of this subsection; or
``(B) private nonprofit organizations located in various
regions of the United States, as the Associate Administrator
determines is appropriate.
``(6) Selection criteria.--
``(A) In general.--The Associate Administrator shall
establish selection criteria, stated in terms of relative
importance, to evaluate and rank applicants under paragraph
(5)(C) for financial assistance under this subsection.
``(B) Criteria.--The selection criteria established under
this paragraph shall include--
``(i) the experience of the applicant in conducting
programs or ongoing efforts designed to impart or upgrade the
business skills of veterans, and the spouses of veterans, who
own or may own small business concerns;
``(ii) for an applicant for initial financial assistance
under this subsection--
``(I) the ability of the applicant to begin operating a
veterans' business center within a minimum amount of time;
and
``(II) the geographic region to be served by the veterans
business center;
``(iii) the demonstrated ability of the applicant to--
``(I) provide managerial counseling and technical
assistance to entrepreneurs; and
``(II) coordinate services provided by veterans services
organizations and other public or private entities; and
``(iv) for any applicant for a renewal of financial
assistance under this subsection, the results of the most
recent examination under paragraph (10) of the veterans'
business center operated by the applicant.
``(C) Criteria publicly available.--The Associate
Administrator shall--
``(i) make publicly available the selection criteria
established under this paragraph; and
``(ii) include the criteria in each solicitation for
applications for financial assistance under this subsection.
``(7) Amount of assistance.--The amount of financial
assistance provided under this subsection to a private
nonprofit organization for each fiscal year shall be--
``(A) not less than $150,000; and
``(B) not more than $200,000.
``(8) Federal share.--
``(A) In general.--
``(i) Initial financial assistance.--Except as provided in
clause (ii) and subparagraph (E), a private nonprofit
organization that receives financial assistance under this
subsection shall provide non-Federal contributions for the
operation of the veterans business center established by the
private nonprofit organization in an amount equal to--
``(I) in each of the first and second years of the project,
not less than 33 percent of the amount of the financial
assistance received under this subsection; and
``(II) in each of the third through fifth years of the
project, not less than 50 percent of the amount of the
financial assistance received under this subsection.
``(ii) Renewals.--A private nonprofit organization that
receives a renewal of financial assistance under this
subsection shall provide non-Federal contributions for the
operation of the veterans business center established by the
private nonprofit organization in an amount equal to not less
than 50 percent of the amount of the financial assistance
received under this subsection.
``(B) Form of non-federal share.--Not more than 50 percent
of the non-Federal share for a project carried out using
financial assistance under this subsection may be in the form
of in-kind contributions.
``(C) Timing of disbursement.--The Associate Administrator
may disburse not more than 25 percent of the financial
assistance awarded to a private nonprofit organization before
the private nonprofit organization obtains the non-Federal
share required under this paragraph with respect to that
award.
``(D) Failure to obtain non-federal funding.--
``(i) In general.--If a private nonprofit organization that
receives financial assistance under this subsection fails to
obtain the non-Federal share required under this paragraph
during any fiscal year, the private nonprofit organization
may not receive a disbursement under this subsection in a
subsequent fiscal year or a disbursement for any other
project funded by the Administration, unless the
Administrator makes a written determination that the private
nonprofit organization will be able to obtain a non-Federal
contribution.
``(ii) Restoration.--A private nonprofit organization
prohibited from receiving a disbursement under clause (i) in
a fiscal year may receive financial assistance in a
subsequent fiscal year if the organization obtains the non-
Federal share required under this paragraph for the
subsequent fiscal year.
``(E) Waiver of non-federal share.--
``(i) In general.--Upon request by a private nonprofit
organization, and in accordance with this subparagraph, the
Administrator may waive, in whole or in part, the requirement
to obtain non-Federal funds under subparagraph (A) for a
fiscal year. The Administrator may not waive the requirement
for a private nonprofit organization to obtain non-Federal
funds under this subparagraph for more than a total of 2
fiscal years.
``(ii) Considerations.--In determining whether to waive the
requirement to obtain non-Federal funds under this
subparagraph, the Administrator shall consider--
``(I) the economic conditions affecting the private
nonprofit organization;
``(II) the impact a waiver under this subparagraph would
have on the credibility of the veterans' business center
program;
``(III) the demonstrated ability of the private nonprofit
organization to raise non-Federal funds; and
``(IV) the performance of the private nonprofit
organization.
``(iii) Limitation.--The Administrator may not waive the
requirement to obtain non-Federal funds under this
subparagraph if granting the waiver would undermine the
credibility of the veterans' business center program.
``(9) Contract authority.--A veterans' business center may
enter into a contract with a Federal department or agency to
provide specific assistance to veterans, service-disabled
veterans, Reservists, or the spouses of veterans, service-
disabled veterans, or Reservists. Performance of such
contract shall not hinder the veterans' business center in
carrying out the terms of the grant received by the veterans'
business centers from the Administrator.
``(10) Examination and determination of viability.--
``(A) Examination.--
``(i) In general.--The Associate Administrator shall
conduct an annual examination of the programs and finances of
each veterans' business center established or operated using
financial assistance under this subsection.
``(ii) Factors.--In conducting the examination under clause
(i), the Associate Administrator shall consider whether the
veterans business center has failed--
``(I) to provide the information required to be provided
under subparagraph (B), or the information provided by the
center is inadequate;
``(II) the center has failed to comply with a requirement
for participation in the veterans' business center program,
as determined by the Assistant Administrator, including--
``(aa) failure to acquire or properly document a non-
Federal share;
``(bb) failure to establish an appropriate partnership or
program for marketing and outreach to small business
concerns;
``(cc) failure to achieve results described in a financial
assistance agreement; and
``(dd) failure to provide to the Administrator a
description of the amount and sources of any non-Federal
funding received by the center;
``(III) to carry out the 5-year plan under in paragraph
(4)(B); or
``(IV) to meet the eligibility requirements under paragraph
(5).
``(B) Information provided.--In the course of an
examination under subparagraph (A), the veterans' business
center shall provide to the Associate Administrator--
``(i) an itemized cost breakdown of actual expenditures for
costs incurred during the most recent full fiscal year;
``(ii) documentation of the amount of non-Federal
contributions obtained and expended
[[Page S4089]]
by the veterans' business center during the most recent full
fiscal year; and
``(iii) with respect to any in-kind contribution under
paragraph (8)(B), verification of the existence and valuation
of such contributions.
``(C) Determination of viability.--The Associate
Administrator shall analyze the results of each examination
under this paragraph and, based on that analysis, make a
determination regarding the viability of the programs and
finances of each veterans' business center.
``(D) Discontinuation of funding.--
``(i) In general.--The Associate Administrator may
discontinue an award of financial assistance to a private
nonprofit organization at any time if the Associate
Administrator determines under subparagraph (C) that the
veterans' business center operated by that organization is
not viable.
``(ii) Restoration.--The Associate Administrator may
continue to provide financial assistance to a private
nonprofit organization in a subsequent fiscal year if the
Associate Administrator determines under subparagraph (C)
that the veterans' business center is viable.
``(11) Privacy requirements.--
``(A) In general.--Except as provided in subparagraph (B),
a veterans' business center established or operated using
financial assistance provided under this subsection may not
disclose the name, address, or telephone number of any
individual or small business concern that receives advice
from the veterans' business center without the consent of the
individual or small business concern.
``(B) Exception.--A veterans' business center may disclose
information described in subparagraph (A)--
``(i) if the Administrator or Associate Administrator is
ordered to make such a disclosure by a court in any civil or
criminal enforcement action initiated by a Federal or State
agency; or
``(ii) to the extent that the Administrator or Associate
Administrator determines that such a disclosure is necessary
to conduct a financial audit of a veterans' business center.
``(C) Administration use of information.--This paragraph
does not--
``(i) restrict access by the Administrator to program
activity data; or
``(ii) prevent the Administrator from using information not
described in subparagraph (A) to conduct surveys of
individuals or small business concerns that receive advice
from a veterans' business center.
``(D) Regulations.--The Administrator shall issue
regulations to establish standards for requiring disclosures
under subparagraph (B)(ii).
``(12) Report.--
``(A) In general.--Not later than 60 days after the end of
each fiscal year, the Associate Administrator 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 effectiveness of the
veterans' business center program in each region during the
most recent full fiscal year.
``(B) Contents.--Each report under this paragraph shall
include, at a minimum, for each veterans' business center
established or operated using financial assistance provided
under this subsection--
``(i) the number of individuals receiving assistance from
the veterans' business center, including the number of such
individuals who are--
``(I) veterans or spouses of veterans;
``(II) service-disabled veterans or spouses of service-
disabled veterans; or
``(III) Reservists or spouses of Reservists;
``(ii) the number of startup small business concerns formed
by individuals receiving assistance from the veterans'
business center, including--
``(I) veterans or spouses of veterans;
``(II) service-disabled veterans or spouses of service-
disabled veterans; or
``(III) Reservists or spouses of Reservists;
``(iii) the gross receipts of small business concerns that
receive advice from the veterans' business center;
``(iv) the employment increases or decreases of small
business concerns that receive advice from the veterans'
business center;
``(v) to the maximum extent practicable, the increases or
decreases in profits of small business concerns that receive
advice from the veterans' business center; and
``(vi) the results of the examination of the veterans'
business center under paragraph (10).
``(13) Coordination of efforts and consultation.--
``(A) Coordination and consultation.--To the extent
practicable, the Associate Administrator and each private
nonprofit organization that receives financial assistance
under this subsection shall--
``(i) coordinate outreach and other activities with other
programs of the Administration and the programs of other
Federal agencies;
``(ii) consult with technical representatives of the
district offices of the Administration in carrying out
activities using financial assistance under this subsection;
and
``(iii) provide information to the veterans business
ownership representatives designated under subparagraph (B)
and coordinate with the veterans business ownership
representatives to increase the ability of the veterans
business ownership representatives to provide services
throughout the area served by the veterans business ownership
representatives.
``(B) Veterans business ownership representatives.--
``(i) Designation.--The Administrator shall designate not
fewer than 1 individual in each district office of the
Administration as a veterans business ownership
representative, who shall communicate and coordinate
activities of the district office with private nonprofit
organizations that receive financial assistance under this
subsection.
``(ii) Initial designation.--The first individual in each
district office of the Administration designated by the
Administrator as a veterans business ownership representative
under clause (i) shall be an individual that is employed by
the Administration on the date of enactment of this
subsection.
``(14) Existing contracts.--An award of financial
assistance under this subsection shall not void any contract
between a private nonprofit organization and the
Administration that is in effect on the date of such award.
``(h) Authorization of Appropriations.--There are
authorized to be appropriated--
``(1) to carry out subsections (a) through (f), $2,000,000
for each of fiscal years 2011 through 2013; and
``(2) to carry out subsection (g)--
``(A) $8,000,000 for fiscal year 2011;
``(B) $8,500,000 for fiscal year 2012; and
``(C) $9,000,000 for fiscal year 2013.''.
(b) GAO Reports.--
(1) Definitions.--In this subsection--
(A) the terms ``small business concern'' and ``veteran''
have the meanings given those terms under section 3 of the
Small Business Act (15 U.S.C. 632); and
(B) the terms ``Reservist'', ``small business concern owned
and controlled by veterans'', and ``veterans' business center
program'' have the meanings given those terms in section
32(g) of the Small Business Act, as added by this section.
(2) Report on access to credit.--
(A) In general.--Not later than 180 days after the date of
enactment of this Act, the Comptroller General of the United
States shall submit a report regarding the ability of small
business concern owned and controlled by veterans to access
credit to--
(i) the Committee on Veterans' Affairs and the Committee on
Small Business and Entrepreneurship of the Senate; and
(ii) the Committee on Veterans' Affairs and the Committee
on Small Business of the House of Representatives.
(B) Contents.--The report submitted under subparagraph (A)
shall include an analysis of--
(i) the sources of credit used by small business concerns
owned and controlled by veterans and percentage of the credit
obtained by small business concern owned and controlled by
veterans that is obtained from each source;
(ii) the default rate for small business concerns owned and
controlled by veterans separately for each source of credit
described in clause (i), as compared to the default rate for
the source of credit for small business concerns generally;
(iii) the Federal lending programs available to provide
credit to small business concerns owned and controlled by
veterans;
(iv) gaps, if any, in the availability of credit for small
business concerns owned and controlled by veterans that are
not being filled by the Federal Government or private
sources;
(v) obstacles faced by veterans in trying to access credit;
(vi) the extent to which deployment and other military
responsibilities affect the credit history of veterans and
Reservists; and
(vii) the extent to which veterans are aware of Federal
programs targeted towards helping veterans access credit.
(3) Report on veterans' business center program.--
(A) In general.--Not later than 60 days after the end of
the second fiscal year beginning after the date on which the
veterans' business center program is established, the
Comptroller General of the United States shall evaluate the
effectiveness of the veterans' business center program, and
submit to Congress a report on the results of that
evaluation.
(B) Contents.--The report submitted under subparagraph (A)
shall include--
(i) an assessment of--
(I) the use of amounts made available to carry out the
veterans' business center program;
(II) the effectiveness of the services provided by each
private nonprofit organization receiving financial assistance
under the veterans' business center program;
(III) whether the services described in clause (ii) are
duplicative of services provided by other veteran service
organizations, programs of the Small Business Administration,
or programs of another Federal department or agency and, if
so, recommendations regarding how to alleviate the
duplication of the services; and
(IV) whether there are areas of the United States in which
there are not adequate entrepreneurial services for small
business concerns owned and controlled by veterans and, if
so, whether there is a veterans' business center established
under the veterans' business center program providing
services to that area; and
(ii) recommendations, if any, for improving the veteran's
business center program.
[[Page S4090]]
SEC. 3. REPORTING REQUIREMENT FOR INTERAGENCY TASK FORCE.
Section 32(c) of the Small Business Act (15 U.S.C. 657b(c))
is amended by adding at the end the following:
``(4) Report.--Not less frequently than twice each year,
the Administrator shall submit to Congress a report on the
appointments made to and activities of the task force.''.
SEC. 4. REPEAL AND RENEWAL OF GRANTS.
(a) Definition.--In this section, the term ``covered grant,
contract, or cooperative agreement'' means a grant, contract,
or cooperative agreement that was--
(1) made or entered into under section 8(b)(17) of the
Small Business Act (15 U.S.C. 637(b)(17)); and
(2) in effect on or before the date described in subsection
(b)(2).
(b) Repeal.--
(1) In general.--Section 8(b) of the Small Business Act (15
U.S.C. 637(b)) is amended--
(A) in paragraph (15), by adding ``and'' at the end;
(B) in paragraph (16), by striking ``; and'' and inserting
a period; and
(C) by striking paragraph (17).
(2) Effective date.--The amendments made by paragraph (1)
shall take effect 60 days after the date of enactment of this
Act.
(c) Transitional Rules.--
(1) In general.--Notwithstanding any other provision of
law, a covered grant, contract, or cooperative agreement
shall remain in full force and effect under the terms, and
for the duration, of the covered grant, contract, or
agreement.
(2) Additional requirements.--Any organization that was
awarded or entered into a covered grant, contract, or
cooperative agreement shall be subject to the requirements of
section 32(g) of the Small Business Act (15 U.S.C. 657b(g))
(as added by this Act).
(d) Renewal of Financial Assistance.--An organization that
was awarded or entered into a covered grant, contract, or
cooperative agreement may apply for a renewal of the grant,
contract, or agreement under the terms and conditions
described in section 32(g) of the Small Business Act (15
U.S.C. 657b(g)) (as added by this Act).
Ms. SNOWE. Mr. President, I rise today, along with Senator Mary
Landrieu, Chair of the Senate Committee on Small Business and
Entrepreneurship, to introduce the Strengthening Entrepreneurship for
America's Veterans Act. This critical legislation, which is a slightly
modified version of language we included in S. 1229, the
Entrepreneurial Development Act of 2009, will establish a nationwide
Veterans' Business Center program, housed at the Small Business
Administration, or SBA, to tailor counseling and outreach programs for
aspiring veteran entrepreneurs. This program will build on the
extraordinary work of the SBA's Office of Veterans Business
Development, headed by Bill Elmore, which currently oversees eight such
centers and last year counseled or trained over 120,000 veterans.
According to the Department of Veteran Affairs, almost 2 million
brave American men and women have deployed to Afghanistan and Iraq
since the beginning of combat operations in September 2001, nearly 1.2
million of whom are now veterans. Regrettably, the unemployment rate
among these veterans stands at 13.1 percent over three percentage
points higher than the national average. It is critical that when our
Nation's service-members return from duty, they receive the assistance
they deserve to seamlessly assimilate back to civilian life.
Many of these veterans are aspiring entrepreneurs seeking to open
their own business and live the American dream. To assist them in their
efforts, our legislation establishes a Veterans' Business Center
program to create a nationwide network of entrepreneurial assistance
centers for veterans and reservists, along with their spouses and
surviving spouses. Each center would receive an annual grant between
$150,000 and $200,000 for a 5-year period, followed by the opportunity
for additional 5-year renewal periods. These centers would provide
specific education, training, advice, and counseling tailored to
eligible individuals regarding financing planning and access to
capital; management and business operations; marketing and advertising;
procurement and contracting opportunities; and other general small
business opportunities for reservists and their spouses.
Furthermore, each district office under the auspices of the SBA would
be required to designate one employee to serve as a ``veterans business
ownership representative'' responsible for increasing coordination
between that region's Veterans' Business Center and SBA district
office, to leverage resources and perform outreach to a greater number
of veterans.
Additionally, our legislation will ensure proper oversight of the
recently formed Interagency Task Force on Veterans Small Business
Development by requiring the SBA to issue biennial reports to Congress
regarding the establishment and progress of this body. This task force
was included in the Military Reservist and Veteran Small Business
Reauthorization and Opportunity Act which Senator John Kerry and I
fought for last Congress and which was signed into law by former
President George W. Bush on February 14, 2008. After more than 2 years
of delay, the task force was finally established by Executive Order on
April 26 of this year.
The purpose of the task force is to coordinate the efforts of Federal
agencies necessary to increase capital and business development
opportunities for, and increase the award of Federal contracting
opportunities to, small businesses owned and controlled by veterans.
Given that we are fast approaching the ninth anniversary of the
commencement of Operation Enduring Freedom, this type of coordinated
and targeted effort by our Federal government is long overdue.
Finally, our bill includes several additional reporting requirements
to ensure that the Veterans' Business Center program is being
administered effectively and providing truly unique and proper
resources, counseling, assistance, and training to veterans. Because
credit to small businesses remains stifled, one of these reports will
explore the sources of credit utilized by veteran-owned small
businesses, obstacles faced by veterans trying to access credit, and
the extent to which deployment and other military responsibilities
affect the credit history of veterans and reservists. This crucial
report will provide a detailed picture of the access to credit
landscape confronting veteran entrepreneurs, and will afford us an
opportunity to make necessary policy changes that alleviate any
challenges they face.
As our service-members and reservists answer our Nation's call to
duty, we must similarly fulfill our obligations to help protect their
livelihood back home. That is why I am pleased to be introducing this
critical legislation today with Chair Landrieu, and I pledge to push
for its passage before the end of this Congress.
______
Mr. UDALL of Colorado (for himself, Mr. Wyden, Mr. Burris, and
Ms. Stabenow):
S. 3395. A bill to provide cost-sharing assistance to improve access
to the markets of foreign countries for energy efficiency products and
renewable energy products exported by small- and medium-sized
businesses in the United States, and for other purposes; to the
Committee on Commerce, Science, and Transportation.
Mr. UDALL of Colorado. Mr. President, I rise today to speak about the
Renewable Energy Market Access Program Act, or REMAP Act, which I
introduced to help grow American renewable energy and energy efficiency
exports abroad. This bill would help small- and medium-sized renewable
energy businesses promote, export and ultimately penetrate foreign
markets.
I know my colleagues are well aware of the importance of exports to
our Nation's economy, as evidenced by their support for efforts to
increase American competitiveness abroad. I am also encouraged by the
President's National Export Initiative and its goal to double American
exports over the next five years. This effort will be critical to a
full economic recovery and I encourage the administration to continue
its work; however, I believe that we need to do more to support a
sector that shows tremendous growth potential.
In 2009, $162 billion was invested in clean energy worldwide, and it
is estimated that this investment will increase to $200 billion in
2010. Additionally, 90 percent of worldwide investments in renewable
energy goods occur in G-20 countries and the developing world is
projected to comprise 80 percent of the world's future energy demand.
While I continue in my belief that the United States must remain
competitive in both public and private domestic investments in
renewable energy, I also believe that we cannot ignore the growing
potential for American businesses to access markets abroad. Growing
private and public investment in the global economy means
[[Page S4091]]
growing markets for American companies of all sizes here at home--which
translates into sustainable, well-paying jobs. In this economic
climate, I know the most important thing on everyone's mind--Democrats
and Republicans alike--is putting people back to work. However, those
small- and medium-sized businesses and companies, which are the engine
for our domestic economy, are likely to need more assistance in
accessing these growing foreign renewable energy markets. This is why I
have filed legislation that focuses on equipping small- and medium-
sized enterprises with the tools they need to access foreign markets
and thereby strengthening our domestic economy and creating jobs.
My legislation would support the promotion of American renewable
energy and energy efficiency products abroad by creating a Renewable
Energy Market Access Program or REMAP. Through REMAP, trade
associations and State-regional trade groups would apply to the U.S.
Department of Commerce and enter into cooperative agreements to provide
marketing and trade assistance to small and medium-sized companies in
the renewable energy and energy efficiency sectors. The assistance
would help facilitate the export of their goods to existing and new
foreign markets. The agreements would also offer eligible participants
an opportunity to share the costs related to innovative marketing and
promotion activities. The public funding for any one application would
never exceed 50 percent of the total cost of the proposal, ensuring
buy-in from the applicant and an ongoing working relationship with the
Department of Commerce. In sum, this bill will help streamline access
to the global marketplace for small business and help promote American
renewable energy and energy efficiency products overseas.
I would like to highlight a sector in the renewable energy industry
that could make good use of the REMAP program and in turn help
strengthen the American clean energy manufacturing sector. The small
wind sector is just one renewable energy area that has recently
experienced strong growth and has great potential. According to
industry statistics, the U.S. small wind market grew by 15 percent in
2009 despite our economic challenges. What has been even more
encouraging is that approximately 95 percent of units sold in the U.S.
in 2009 were produced by U.S. manufacturers. Not only is the U.S. small
wind industry working to meet our growing domestic appetite for small-
wind generation, it is also poised to be a growing force in the global
market. In 2009, U.S. manufacturers accounted for 47 percent of global
small wind sales and exports accounted for approximately 36 percent of
U.S. manufacturers' sales, which represents an eight percent increase
from 2008. As countries develop energy policies that drive investment
in their renewable energy economy, our domestic renewable energy
industry will see its potential to export grow. The question that
remains is: how do we ensure that American small wind producers realize
their full potential to help meet the global demand for the goods they
produce? The answer is through efforts to promote U.S. renewable energy
and energy efficiency products abroad. I believe that the U.S. can grow
as a leader, not just in small wind, but in all sectors of renewable
energy and I believe that REMAP can help take us there.
I want to be clear that I strongly believe that this legislation is
an important step in the right direction to support a growing industry,
but I want to acknowledge that there is more that needs to be done to
ensure that our country's renewable energy goods have fair access to
foreign markets. Congress must find sensible policy mechanisms to
address the unfair trade barriers and other anti-competitive tactics
that are used to keep our goods from the shores of other nations with
which we have stable relations, and we should continue having
conversations on how these matters can be best addressed. But no matter
the situation, we must stand in support of our domestic small
businesses and provide them the resources they need to help them access
new and growing markets, while we fight to ensure fairness in the
global economy. I urge my colleagues to join me in supporting this
legislation.
Mr. President, I ask unanimous consent that the text of the bill be
printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
S. 3395
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Renewable Energy Market
Access Program Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Energy efficiency product.--The term ``energy
efficiency product'' means any product, technology, or
component of a product that--
(A) as compared with products, technologies, or components
of products being deployed at the time for widespread
commercial use in the country in which the product,
technology, or component will be used--
(i) substantially increases the energy efficiency of
buildings, industrial or agricultural processes, or
electricity transmission, distribution, or end-use
consumption; or
(ii) substantially increases the energy efficiency of the
transportation system; and
(B) results in no significant incremental adverse effects
on public health or the environment.
(2) Renewable energy.--The term ``renewable energy'' means
energy generated by a renewable energy resource.
(3) Renewable energy product.--The term ``renewable energy
product'' means any product, technology, or component of a
product used in the development or production of renewable
energy.
(4) Renewable energy resource.--The term ``renewable energy
resource'' means solar, wind, ocean, tidal, geothermal
energy, biofuel, biomass, hydropower, or hydrokinetic energy.
(5) Small- and medium-sized business.--The term ``small-
and medium-sized business'' means--
(A) a small business concern (as that term used in section
3 of the Small Business Act (15 U.S.C. 632)); and
(B) a business the Secretary of Commerce determines to be
small- or medium-sized, based on factors that include the
structure of the industry, the amount of competition in the
industry, the average size of businesses in the industry, and
costs and barriers associated with entering the industry.
SEC. 3. COST-SHARING ASSISTANCE WITH RESPECT TO THE
EXPORTATION OF ENERGY EFFICIENCY PRODUCTS AND
RENEWABLE ENERGY PRODUCTS.
(a) In General.--The Under Secretary for International
Trade of the Department of Commerce (in this section referred
to as the ``Under Secretary'') shall establish and carry out
a program to provide cost-sharing assistance to eligible
organizations--
(1) to improve access to the markets of foreign countries
for energy efficiency products and renewable energy products
exported by small- and medium-sized businesses in the United
States; and
(2) to assist small- and medium-sized businesses in the
United States in obtaining services and other assistance with
respect to exporting energy efficiency products and renewable
energy products, including services and assistance available
from the Department of Commerce and other Federal agencies.
(b) Eligible Organizations.--An eligible organization is a
nonprofit trade association in the United States or a State
or regional organization that promotes the exportation and
sale of energy efficiency products or renewable energy
products.
(c) Application Process.--An eligible organization shall
submit an application for cost-sharing assistance under
subsection (a)--
(1) at such time and in such manner as the Under Secretary
may require; and
(2) that contains a plan that describes the activities the
organization plans to carry out using the cost-sharing
assistance provided under subsection (a).
(d) Awarding Cost-sharing Assistance.--
(1) In general.--The Under Secretary shall establish a
process for granting applications for cost-sharing assistance
under subsection (a) that includes a competitive review
process.
(2) Priority for innovative ideas.--In awarding cost-
sharing assistance under subsection (a), the Under Secretary
shall give priority to an eligible organization that includes
in the plan of the organization submitted under subsection
(c)(2) innovative ideas for improving access to the markets
of foreign countries for energy efficiency products and
renewable energy products exported by small- and medium-sized
businesses in the United States.
(e) Level of Cost-sharing Assistance.--
(1) In general.--Subject to paragraph (2), the Under
Secretary shall determine an appropriate percentage of the
cost of carrying out a plan submitted by an eligible
organization under subsection (c)(2) to be provided in the
form of assistance under this section.
(2) Limitation.--Assistance provided under this section may
not exceed 50 percent of the cost of carrying out the plan of
an eligible organization.
SEC. 4. REPORT.
Not later than 180 days after the date of the enactment of
this Act, the Secretary of Commerce, in consultation with the
Secretary of Energy, shall submit to Congress a
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report on the export promotion needs of businesses in the
United States that export energy efficiency products or
renewable energy products.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Secretary of
Commerce to carry out this Act--
(1) $15,000,000 for fiscal year 2011;
(2) $16,000,000 for fiscal year 2012;
(3) $17,000,000 for fiscal year 2013;
(4) $18,000,000 for fiscal year 2014; and
(5) $19,000,000 for fiscal year 2015.
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