[Congressional Record Volume 156, Number 105 (Thursday, July 15, 2010)]
[Senate]
[Pages S5973-S5975]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 4477. Mr. ROBERTS submitted an amendment intended to be proposed 
to amendment SA 4402 proposed by Mr. Reid (for Mr. Baucus (for himself, 
Ms. Landrieu, and Mr. Reid)) to the bill H.R. 5297, to create the Small 
Business Lending Fund Program to direct the Secretary of the Treasury 
to make capital investments in eligible institutions in order to 
increase the availability of credit for small businesses, to amend the 
Internal Revenue Code of 1986 to provide tax incentives for small 
business job creation, and for other purposes; which was ordered to lie 
on the table; as follows:

       At the end, add the following:

                         TITLE V--MISCELLANEOUS

     SEC. ___. SENSE OF THE SENATE REGARDING THE RECESS 
                   APPOINTMENT OF DR. DONALD BERWICK.

       (a) Findings.--The Senate makes the following findings:
       (1) On April 19, 2010, the President nominated Dr. Donald 
     Berwick to serve as the Administrator of the Centers for 
     Medicare & Medicaid Services (in this section referred to as 
     ``CMS'') in the Department of Health and Human Services. As 
     of that date, the position was vacant for the first 16 months 
     of the Obama Administration.
       (2) Since that date, Dr. Berwick has been undergoing the 
     bipartisan nomination investigation review process of the 
     Committee on Finance of the Senate (in this section referred 
     to as the ``Senate Finance Committee'') and there has been 
     ongoing activity as the Senate Finance Committee continues to 
     gather and review information from Dr. Berwick.
       (3) The Senate Finance Committee review process for the 
     Berwick nomination was proceeding normally. A hearing on the 
     nomination of Dr. Berwick had been requested and no 
     objections had been raised to having the hearing.
       (4) On July 7, 2010, less than 3 months after the 
     nomination and without a Senate Finance Committee hearing 
     taking place, the President recess-appointed Dr. Berwick to 
     serve as the Administrator of CMS. Dr. Berwick was sworn in 
     on July 12, 2010.
       (5) The appointment of the Administrator of CMS is subject 
     to Senate confirmation under article II, section 2, clause 2 
     of the Constitution. Dr. Berwick's nomination was referred to 
     the Senate Finance Committee which has jurisdiction over 
     health programs under the Social Security Act and the 
     responsibility to examine Presidential nominees related to 
     these programs.
       (6) It is especially true that Dr. Berwick's nomination 
     should have undergone the Senate Finance Committee nomination 
     review process in light of the significant responsibilities 
     of the Administrator of CMS.
       (7) CMS is responsible for the health care of more than 
     100,000,000 Americans, and is one of the largest agencies in 
     the Federal Government.
       (8) The recently enacted Patient Protection and Affordable 
     Care Act (commonly referred to as the ``health care reform 
     law'') significantly increases the responsibilities of CMS, 
     including half a trillion dollars in Medicare provider cuts 
     and the largest expansion of the Medicaid program since its 
     inception.
       (9) The manner in which an individual nominated to serve as 
     the Administrator of CMS intends to carry out these 
     responsibilities is a serious matter and warrants a thorough 
     review. A thorough review is especially needed for Dr. 
     Berwick's appointment in light of statements he has made in 
     the past about health care rationing as well as the role of 
     government in health care.
       (10) By recess-appointing Dr. Berwick, the President has 
     attempted to short circuit the requirement of article II, 
     section 2, clause 2 of the Constitution that he appoint 
     officers of the United States ``by and with the Advice and 
     Consent of the Senate''.
       (b) Sense of the Senate.--It is the sense of the Senate 
     that--
       (1) the recess appointment of Dr. Donald Berwick, while 
     consideration of his nomination to serve as Administrator of 
     CMS was proceeding normally through the Senate Finance 
     Committee nomination review process, constitutes an abuse of 
     power by the President; and
       (2) notwithstanding his recess appointment to that 
     position, Dr. Donald Berwick should appear before the Senate 
     Finance Committee and respond to questions by members about 
     his qualifications to serve as Administrator of CMS.
                                 ______
                                 
  SA 4478. Mr. BENNET submitted an amendment intended to be proposed to 
amendment SA 4402 proposed by Mr. Reid (for Mr. Baucus (for himself, 
Ms. Landrieu, and Mr. Reid)) to the bill H.R. 5297, to create the Small 
Business Lending Fund Program to direct the Secretary of the Treasury 
to make capital investments in eligible institutions in order to 
increase the availability of credit for small businesses, to amend the 
Internal Revenue Code of 1986 to provide tax incentives for small 
business job creation, and for other purposes; which was ordered to lie 
on the table; as follows:

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

                        PART V--OTHER PROVISIONS

     SEC. ___. CREDIT FOR EMPLOYER-PROVIDED CLEAN ENERGY JOB 
                   TRAINING PROGRAMS.

       (a) Purposes.--The purposes of this section are--
       (1) to meet the growing need for a workforce that is 
     trained and prepared to fill jobs in clean energy industries;
       (2) to assist employers to transition their workforce 
     towards the clean energy economy; and
       (3) to provide incentives for employers to play a role in 
     the training, preparation, and development of their workforce 
     for the clean energy economy.

[[Page S5974]]

       (b) Credit.--Subpart D of part IV of subchapter A of 
     chapter 1 of the Internal Revenue Code of 1986 is amended by 
     adding at the end the following new section:

     ``SEC. 45S. EMPLOYER-PROVIDED CLEAN ENERGY JOB TRAINING 
                   PROGRAMS.

       ``(a) In General.--For the purposes of section 38, in the 
     case of an eligible employer, the employer-provided clean 
     energy job training credit determined under this section for 
     the taxable year is an amount equal to 25 percent of 
     qualified education program expenses paid by the eligible 
     employer for such taxable year.
       ``(b) Limitation.--The credit allowed under subsection (a) 
     for any taxable year shall not exceed $500 with respect to 
     any full-time employee of the eligible employer that 
     participates in a qualified education program during such 
     taxable year.
       ``(c) Definitions.--For purposes of this section--
       ``(1) Qualified education program expenses.--The term 
     `qualified education program expenses' means expenses paid or 
     incurred by an eligible employer for participation of full-
     time employees in a qualified education program.
       ``(2) Qualified education program.--The term `qualified 
     education program' means adult education (within the meaning 
     of section 203 of the Adult Education and Family Literacy 
     Act) and job training that is--
       ``(A) provided--
       ``(i) by a provider that is identified as an eligible 
     provider in accordance with section 122 of the Workforce 
     Investment Act of 1998, or
       ``(ii) in a curriculum approved by the Assistant Secretary 
     of Labor for Employment Training,
       ``(B) certified by the Assistant Secretary of Labor for 
     Employment Training for purposes of this section, and
       ``(C) provided to full-time employees of the eligible 
     employer who will be employed in clean energy jobs (as 
     defined in subsection (d)) and will require such education 
     and training in order to fulfill their employment 
     responsibilities in such jobs.
       ``(3) Eligible employer.--
       ``(A) In general.--The term `eligible employer' means, with 
     respect to any taxable year, any employer which employed an 
     average of at least 1 but not more than 500 full-time 
     employees on business days during the preceding taxable year.
       ``(B) Employers not in existence during preceding year.--If 
     an employer was not in existence throughout the preceding 
     year, the determination under subparagraph (A) shall be based 
     on the average number of full-time employees that it is 
     reasonably expected such employer will employ on business 
     days in the current year.
       ``(C) Predecessors.--Any reference in this paragraph to an 
     employer shall include a reference to any predecessor of such 
     employer.
       ``(D) Aggregation rule.--All persons treated as a single 
     employer under subsection (a) or (b) or section 52, or 
     subsection (m) or (o) of section 414, shall be treated as one 
     person.
       ``(4) Full-time employment.--An employee shall be 
     considered full-time if such employee is employed at least 30 
     hours per week for 25 or more calendar weeks in the taxable 
     year.
       ``(d) Clean Energy Job.--
       ``(1) In general.--The term `clean energy job' means a job 
     directly connected with producing electric energy generated 
     by a renewable energy resource.
       ``(2) Renewable energy resource.--The term `renewable 
     energy resource' means solar, wind, ocean, tidal, geothermal 
     energy, landfill gas, incremental hydropower, or hydrokinetic 
     energy.
       ``(3) Incremental hydropower.--The term `incremental 
     hydropower' means additional generation that is achieved from 
     increased efficiency or additions of capacity made on or 
     after--
       ``(A) the date of enactment of this section; or
       ``(B) the effective date of an existing applicable State 
     renewable portfolio standard program at a hydroelectric 
     facility that was placed in service before that date.
       ``(e) Denial of Double Benefit.--No deduction or credit 
     shall be allowed under any other provision of this chapter 
     for any amount taken into account in determining the credit 
     under this section.
       ``(f) Election To Have Credit Not Apply.--A taxpayer may 
     elect (at such time and in such manner as the Secretary may 
     by regulations prescribe) to have this section not apply for 
     any taxable year.
       ``(g) Termination.--This section shall not apply to any 
     expenses incurred after December 31, 2014.''.
       (c) Credit To Be Part of General Business Credit.--
     Subsection (b) of section 38 of the Internal Revenue Code of 
     1986 is amended--
       (1) by striking ``plus'' at the end of paragraph (35);
       (2) by striking the period at the end of paragraph (36) and 
     inserting ``, plus''; and
       (3) by adding at the end the following new paragraph:
       ``(37) the employer-provided clean energy job training 
     credit determined under section 45S(a).''.
       (d) Conforming Amendment.--Section 6501(m) of the Internal 
     Revenue Code of 1986 is amended by inserting `` `45S(f),' '' 
     after `` `45H(g),' ''.
       (e) Clerical Amendment.--The table of sections for subpart 
     D of part IV of subchapter A of chapter 1 of such Code is 
     amended by adding at the end the following new item:

``Sec. 45S. Employer-provided clean energy job training programs.''.

       (f) Regulations.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary of the Treasury 
     shall promulgate regulations implementing the provisions of 
     this section.
       (g) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after December 31, 
     2010.
                                 ______
                                 
  SA 4479. Mr. CARPER (for himself, Mr. Schumer, Mr. Cardin, Mr. 
Lieberman, and Mr. Wyden) submitted an amendment intended to be 
proposed to amendment SA 4402 proposed by Mr. Reid (for Mr. Baucus (for 
himself, Ms. Landrieu, and Mr. Reid)) to the bill H.R. 5297, to create 
the Small Business Lending Fund Program to direct the Secretary of the 
Treasury to make capital investments in eligible institutions in order 
to increase the availability of credit for small businesses, to amend 
the Internal Revenue Code of 1986 to provide tax incentives for small 
business job creation, and for other purposes; which was ordered to lie 
on the table; as follows:

       At the end of title II, insert the following:

                        Subtitle C--Other Relief

     SEC. --. INCREASED EXCLUSION AMOUNT FOR COMMUTER TRANSIT 
                   BENEFITS AND TRANSIT PASSES.

       Paragraph (2) of section 132(f) of the Internal Revenue 
     Code of 1986 is amended by striking ``January 1, 2011'' and 
     inserting ``January 1, 2012''.
                                 ______
                                 
  SA 4480. Mr. UDALL of New Mexico submitted an amendment intended to 
be proposed to amendment SA 4402 proposed by Mr. Reid (for Mr. Baucus 
(for himself, Ms. Landrieu, and Mr. Reid)) to the bill H.R. 5297, to 
create the Small Business Lending Fund Program to direct the Secretary 
of the Treasury to make capital investments in eligible institutions in 
order to increase the availability of credit for small businesses, to 
amend the Internal Revenue Code of 1986 to provide tax incentives for 
small business job creation, and for other purposes; which was ordered 
to lie on the table; as follows:

       On page 177, line 16, insert ``and planned outreach efforts 
     to women-owned businesses, veteran-owned businesses, and 
     minority-owned businesses'' before ``, where appropriate''.
                                 ______
                                 
  SA 4481. Mr. UDALL of New Mexico submitted an amendment intended to 
be proposed to amendment SA 4402 proposed by Mr. Reid (for Mr. Baucus 
(for himself, Ms. Landrieu, and Mr. Reid)) to the bill H.R. 5297, to 
create the Small Business Lending Fund Program to direct the Secretary 
of the Treasury to make capital investments in eligible institutions in 
order to increase the availability of credit for small businesses, to 
amend the Internal Revenue Code of 1986 to provide tax incentives for 
small business job creation, and for other purposes; which was ordered 
to lie on the table; as follows:

       On page 193, line 8, before the period insert ``including, 
     to the extent possible based on the available reporting data, 
     details on lending to women-owned businesses, veteran-owned 
     businesses, and minority-owned businesses''.
                                 ______
                                 
  SA 4482. Mr. UDALL of New Mexico submitted an amendment intended to 
be proposed to amendment SA 4402 proposed by Mr. Reid (for Mr. Baucus 
(for himself, Ms. Landrieu, and Mr. Reid)) to the bill H.R. 5297, to 
create the Small Business Lending Fund Program to direct the Secretary 
of the Treasury to make capital investments in eligible institutions in 
order to increase the availability of credit for small businesses, to 
amend the Internal Revenue Code of 1986 to provide tax incentives for 
small business job creation, and for other purposes; which was ordered 
to lie on the table; as follows:

       On page 199, line 6, strike ``The Secretary'' and insert 
     ``Not later than 1 year after the date of enactment of this 
     Act, and every year thereafter for 5 years, the Secretary''.
       On page 199, line 10, insert ``and every year thereafter 
     for 5 years,'' before ``the Secretary shall submit''.
       On page 199, between lines 19 and 20, insert the following:
       (d) Appropriate Action.--If the Secretary determines that 
     the Program has not effectively served women-owned 
     businesses, veteran-owned businesses, or minority-owned 
     businesses, the Secretary may formulate a plan to redress the 
     needs of the affected businesses.
                                 ______
                                 
  SA 4483. Ms. SNOWE (for herself, Mr. Grassley, Mr. Enzi, Mr. Isakson, 
and Ms. Collins) submitted an amendment intended to be proposed to 
amendment SA 4402 proposed by Mr. Reid (for Mr.

[[Page S5975]]

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

       On page 128, between lines 19 and 20, insert the following:

     SEC. 1704. SMALL BUSINESS LOAN GUARANTEE ENHANCEMENT 
                   EXTENSIONS.

       (a) Appropriation.--There is appropriated, out of any funds 
     in the Treasury not otherwise appropriated, for an additional 
     amount for ``Small Business Administration--Business Loans 
     Program Account'', $480,000,000, to remain available through 
     December 31, 2010, for the cost of--
       (1) fee reductions and eliminations under section 501 of 
     division A of the American Recovery and Reinvestment Act of 
     2009 (Public Law 111-5; 123 Stat. 151), as amended by this 
     section; and
       (2) loan guarantees under section 502 of division A of the 
     American Recovery and Reinvestment Act of 2009 (Public Law 
     111-5; 123 Stat. 152), as amended by this section.
     Such costs, including the cost of modifying such loans, shall 
     be as defined in section 502 of the Congressional Budget Act 
     of 1974.
       (b) Extension of Programs.--
       (1) Fees.--Section 501 of division A of the American 
     Recovery and Reinvestment Act of 2009 (Public Law 111-5; 123 
     Stat. 151) is amended by striking ``September 30, 2010'' each 
     place it appears and inserting ``December 31, 2010''.
       (2) Loan guarantees.--Section 502(f) of division A of the 
     American Recovery and Reinvestment Act of 2009 (Public Law 
     111-5; 123 Stat. 153) is amended by striking ``May 31, 2010'' 
     and inserting ``December 31, 2010''.
       (c) Appropriation.--There is appropriated for an additional 
     amount, out of any funds in the Treasury not otherwise 
     appropriated, for administrative expenses to carry out 
     sections 501 and 502 of division A of the American Recovery 
     and Reinvestment Act of 2009 (Public Law 111-5), $5,000,000, 
     to remain available until expended, which may be transferred 
     and merged with the appropriation for ``Small Business 
     Administration--Salaries and Expenses''.
       (d) Use of Stimulus Funds to Offset Spending.--
     Notwithstanding section 5 of the American Recovery and 
     Reinvestment Act of 2009 (Public Law 111-5; 123 Stat. 116), 
     $485,000,000 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 
     increase in spending resulting from subsections (a) and (c) 
     of this section. 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.

                          ____________________