[Congressional Record Volume 156, Number 109 (Thursday, July 22, 2010)]
[Senate]
[Pages S6222-S6224]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 4508. Mr. BOND submitted an amendment intended to be proposed to 
amendment SA 4499 proposed by Mr. Reid (for Mr. Baucus) 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 40, after line 25, add the following:

     SEC. 1137. HUBZONES.

       (a) Definitions.--In this section--
       (1) the terms ``HUBZone'' and ``HUBZone small business 
     concern'' and ``HUBZone map'' have the meanings given those 
     terms in section 3(p) of the Small Business Act (15 U.S.C. 
     632(p)), as amended by this Act; and
       (2) the term ``recertification'' means a determination by 
     the Administrator that a business concern that was previously 
     determined to be a qualified HUBZone small business concern 
     is a qualified HUBZone small business concern under section 
     3(p)(5) of the Small Business Act (15 U.S.C. 632(p)(5)).
       (b) Purpose; Findings.--
       (1) Purpose.--The purpose of this section is to reform and 
     improve the HUBZone program of the Administration.
       (2) Findings.--Congress finds that--
       (A) the HUBZone program was established under the HUBZone 
     Act of 1997 (Public Law 105-135; 111 Stat. 2627) to stimulate 
     economic development through increased employment and capital 
     investment by providing Federal contracting preferences to 
     small business concerns in those areas, including inner 
     cities and rural counties, that have low household incomes, 
     high unemployment, and suffered from a lack of investment; 
     and
       (B) according to the Government Accountability Office, the 
     weakness in the oversight of the HUBZone program by the 
     Administration has exposed the Government to fraud and abuse.
       (c) HUBZone Improvements.--The Administrator shall--
       (1) ensure the HUBZone map--
       (A) is accurate and up-to date; and
       (B) revised as new data is made available to maintain the 
     accuracy and currency of the HUBZone map;
       (2) implement policies for ensuring that only HUBZone small 
     business concerns determined to be qualified under section 
     3(p)(5) of the Small Business Act (15 U.S.C. 632(p)(5)) are 
     participating in the HUBZone program, including through the 
     appropriate use of technology to control costs and maximize, 
     among other benefits, uniformity, completeness, simplicity, 
     and efficiency;
       (3) submit to the Committee on Small Business and 
     Entrepreneurship of the Senate and the Committee on Small 
     Business of the House of Representatives a report regarding 
     any application to be designated as a HUBZone small business 
     concern or for recertification for which the Administrator 
     has not made a determination as of the date that is 60 days 
     after the date on which the application was submitted or 
     initiated, which shall include a plan and timetable for 
     ensuring the timely processing of the applications; and
       (4) develop measures and implement plans to assess the 
     effectiveness of the HUBZone program that--
       (A) require the identification of a baseline point in time 
     to allow the assessment of economic development under the 
     HUBZone program, including creating additional jobs; and
       (B) take into account--
       (i) the economic characteristics of the HUBZone; and
       (ii) contracts being counted under multiple socioeconomic 
     subcategories.
       (d) Employment Percentage.--Section 3(p) of the Small 
     Business Act (15 U.S.C. 632(p)) is amended--
       (1) in paragraph (5), by adding at the end the following:

[[Page S6223]]

       ``(E) Employment percentage during interim period.--
       ``(i) Definition.--In this subparagraph, the term `interim 
     period' means the period beginning on the date on which the 
     Administrator determines that a HUBZone small business 
     concern is qualified under subparagraph (A) and ending on the 
     day before the date on which a contract under the HUBZone 
     program for which the HUBZone small business concern submits 
     a bid is awarded.
       ``(ii) Interim period.--During the interim period, the 
     Administrator may not determine that a HUBZone small business 
     is not qualified under subparagraph (A) based on a failure to 
     meet the applicable employment percentage under subparagraph 
     (A)(i)(I), unless the HUBZone small business concern--

       ``(I) has not attempted to maintain the applicable 
     employment percentage under subparagraph (A)(i)(I); or
       ``(II) does not meet the applicable employment percentage--

       ``(aa) on the date on which the HUBZone small business 
     concern submits a bid for a contract under the HUBZone 
     program; or
       ``(bb) on the date on which the HUBZone small business 
     concern is awarded a contract under the HUBZone program.''; 
     and
       (2) by adding at the end the following:
       ``(8) Hubzone program.--The term `HUBZone program' means 
     the program established under section 31.
       ``(9) Hubzone map.--The term `HUBZone map' means the map 
     used by the Administration to identify HUBZones.''.
       (e) Redesignated Areas.--Section 3(p)(4)(C)(i) of the Small 
     Business Act (15 U.S.C. 632(p)(4)(C)(i)) is amended to read 
     as follows:
       ``(i) 3 years after the first date on which the 
     Administrator publishes a HUBZone map that is based on the 
     results from the 2010 decennial census; or''.
                                 ______
                                 
  SA 4509. Mr. McCAIN submitted an amendment intended to be proposed by 
him 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 appropriate place, insert the following:

     SEC. ___. REDUCTION IN SOCIAL SECURITY PAYROLL TAXES.

       (a) In General.--
       (1) Employer taxes.--The table in section 3101(a) of the 
     Internal Revenue Code of 1986 is amended to read as follows:


``In the case of wages received during:     The rate shall be:
  2010 and 2011...........................  3.1 percent
  2012 or thereafter......................  6.2 percent''.
 

       (2) Self-employment taxes.--
       (A) In general.--The table in section 1401(a) of such Code 
     is amended to read as follows:


------------------------------------------------------------------------
 ``In the case of a taxable year
        beginning after:              And before:           Percent
------------------------------------------------------------------------
December 31, 2009...............  January 1, 2012...  9.3
December 31, 2011...............  ..................  12.40''.
------------------------------------------------------------------------

       (B) Conforming amendments.--
       (i) Section 164(f) of such Code is amended adding at the 
     end the following new paragraph:
       ``(3) Special rule for 2010 and 2011.--In the case of 
     taxable years beginning after December 31, 2009, and before 
     January 1, 2012, the deduction allowed under paragraph (1) 
     with respect to taxes imposed by section 1401(a) shall equal 
     to two-thirds of the taxes so paid.''.
       (ii) Section 1402(a)(12)(B) of such Code is amended by 
     inserting ``(in the case of taxable years beginning after 
     December 31, 2009, and before January 1, 2012, two-thirds of 
     the taxes of the rate imposed by section 1401(a) and one-half 
     of the rate imposed by section 1401(b))'' after ``year''.
       (b) Funding From General Fund.--There are hereby 
     appropriated to the Federal Old-Age and Survivors Trust Fund 
     and the Federal Disability Insurance Trust Fund established 
     under section 201 of the Social Security Act (42 U.S.C. 401) 
     amounts equal to the reduction in revenues to the Treasury by 
     reason of the amendments made by paragraphs (1) and (2)(A) of 
     subsection (a) . Amounts appropriated by the preceding 
     sentence shall be transferred from the general fund at such 
     times and in such manner as to replicate to the extent 
     possible the transfers which would have occurred to such 
     Trust Fund had such amendments not been enacted.
       (c) Use of Stimulus Funds to Offset Loss in Revenues.--The 
     unobligated balance of each amount appropriated or made 
     available under the American Recovery and Reinvestment Act of 
     2009 (Public Law 111-5) (other than under title X of division 
     A of such Act) is rescinded pro rata such that the aggregate 
     amount of such rescissions equals the reduction in revenues 
     to the Treasury by reason of the amendments made by 
     paragraphs (1) and (2)(A) of subsection (a). The Director of 
     the Office of Management and Budget shall report to each 
     congressional committee the amounts so rescinded within the 
     jurisdiction of such committee.
                                 ______
                                 
  SA 4510. Mr. McCAIN submitted an amendment intended to be proposed by 
him 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 appropriate place, insert the following:

     SEC. ___. PERMANENT EXTENSION OF RESEARCH CREDIT.

       (a) In General.--Section 41 of the Internal Revenue Code of 
     1986 is amended by striking subsection (h).
       (b) Conforming Amendment.--Paragraph (1) of section 45C(b) 
     of the Internal Revenue Code of 1986 is amended by striking 
     subparagraph (D).
       (c) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after December 31, 
     2009.
       (d) Use of Stimulus Funds to Offset Loss in Revenues.--The 
     unobligated balance of each amount appropriated or made 
     available under the American Recovery and Reinvestment Act of 
     2009 (Public Law 111-5) (other than under title X of division 
     A of such Act) is rescinded pro rata such that the aggregate 
     amount of such rescissions equals the reduction in revenues 
     to the Treasury by reason of the amendments made by this 
     section. The Director of the Office of Management and Budget 
     shall report to each congressional committee the amounts so 
     rescinded within the jurisdiction of such committee.
                                 ______
                                 
  SA 4511. Mr. HATCH submitted an amendment intended to be proposed to 
amendment SA 4500 proposed by Mr. Reid (for Mr. LeMieux (for himself, 
Ms. Landrieu, Mr. Merkley, Mrs. Boxer, Ms. Cantwell, Ms. Klobuchar, and 
Mrs. Murray)) to the amendment SA 4499 proposed by Mr. Reid (for Mr. 
Baucus) 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, insert the following:

                        PART V--OTHER PROVISIONS

     SEC. ____. RESEARCH CREDIT.

       (a) In General.--Subparagraph (B) of section 41(h)(1) of 
     the Internal Revenue Code of 1986 is amended by striking 
     ``December 31, 2009'' and inserting ``December 31, 2010''.
       (b) Conforming Amendment.--Subparagraph (D) of section 
     45C(b)(1) of such Code is amended by striking ``December 31, 
     2009'' and inserting ``December 31, 2010''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to amounts paid or incurred after December 31, 
     2009.
                                 ______
                                 
  SA 4512. Mr. ROBERTS submitted an amendment intended to be proposed 
to amendment SA 4500 proposed by Mr. Reid (for Mr. LeMieux (for 
himself, Ms. Landrieu, Mr. Merkley, Mrs. Boxer, Ms. Cantwell, Ms. 
Klobuchar, and Mrs. Murray)) to the amendment SA 4499 proposed by Mr. 
Reid (for Mr. Baucus) 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:

                         PART _--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

[[Page S6224]]

     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 4513. Mr. JOHANNS submitted an amendment intended to be proposed 
to amendment SA 4500 proposed by Mr. Reid (for Mr. LeMieux (for 
himself, Ms. Landrieu, Mr. Merkley, Mrs. Boxer, Ms. Cantwell, Ms. 
Klobuchar, and Mrs. Murray)) to the amendment SA 4499 proposed by Mr. 
Reid (for Mr. Baucus) 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:

                     PART IV--ADDITIONAL PROVISIONS

     SEC. ____. REPEAL OF EXPANSION OF INFORMATION REPORTING 
                   REQUIREMENTS.

       Section 9006 of the Patient Protection and Affordable Care 
     Act, and the amendments made thereby, are hereby repealed; 
     and the Internal Revenue Code of 1986 shall be applied as if 
     such section, and amendments, had never been enacted.

     SEC. ____. EXPANSION OF AFFORDABILITY EXCEPTION TO INDIVIDUAL 
                   MANDATE.

       Section 5000A(e)(1)(A) of the Internal Revenue Code of 1986 
     is amended by striking ``8 percent'' and inserting ``5 
     percent''.

     SEC. ____. USE OF PREVENTION AND PUBLIC HEALTH FUND.

       (a) Use of Funds as Offset Through Fiscal Year 2017.--
     Section 4002(b) of the Patient Protection and Affordable Care 
     Act is amended by striking ``appropriated--'' and all that 
     follows and inserting ``appropriated, for fiscal year 2018, 
     and each fiscal year thereafter, $2,000,000,000''.
       (b) Effective Date.--The amendment made by this section 
     shall take effect as if included in the enactment of section 
     4002 of the Patient Protection and Affordable Care Act.

     SEC. ____. TIME FOR PAYMENT OF CORPORATE ESTIMATED TAXES.

       The percentage under paragraph (2) of section 561 of the 
     Hiring Incentives to Restore Employment Act in effect on the 
     date of the enactment of this Act is increased by 4.25 
     percentage points.

                          ____________________