[Congressional Record Volume 157, Number 51 (Friday, April 8, 2011)]
[Senate]
[Pages S2361-S2362]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 290. Mrs. HUTCHISON submitted an amendment intended to be proposed 
by her to the bill S. 493, to reauthorize and improve the SBIR and STTR 
programs, and for other purposes; which was ordered to lie on the 
table; as follows.

       On page 4, line 9, strike ``2019'' and insert ``2014''.
       On page 4, line 17, strike ``2019'' and insert ``2014''.
       On page 5, strike line 18 and all that follows through page 
     9, line 9.
       On page 13, strike line 12 and all that follows through 
     page 27, line 11, and insert the following:

     SEC. 108. ENSURING THAT INNOVATIVE SMALL BUSINESSES WITH 
                   SUBSTANTIAL INVESTMENT FROM VENTURE CAPITAL 
                   OPERATING COMPANIES ARE ABLE TO PARTICIPATE IN 
                   THE SBIR AND STTR PROGRAMS.

       Section 9 of the Small Business Act (15 U.S.C. 638), as 
     amended by this Act, is amended by adding at the end the 
     following:
       ``(cc) Venture Capital Operating Companies.--For purposes 
     of the SBIR and STTR programs the following shall apply:
       ``(1) A business concern that has more than 500 employees 
     shall not qualify as a small business concern.
       ``(2) In determining whether a business concern is 
     independently owned and operated under section 3(a)(1) or 
     meets the small business size standards established under 
     section 3(a)(2), the Administrator shall not consider a 
     business concern to be affiliated with a venture capital 
     operating company (or with any other business that the 
     venture capital operating company has financed) if--
       ``(A) the venture capital operating company does not own 50 
     percent or more of the business concern; and
       ``(B) employees of the venture capital operating company do 
     not constitute a majority of the board of directors of the 
     business concern.
       ``(3) A business concern shall be deemed to be 
     independently owned and operated if--
       ``(A) it is owned in majority part by one or more natural 
     persons or venture capital operating companies;

[[Page S2362]]

       ``(B) there is no single venture capital operating company 
     that owns 50 percent or more of the business concern; and
       ``(C) there is no single venture capital operating company 
     the employees of which constitute a majority of the board of 
     directors of the business concern.
       ``(4) If a venture capital operating company controlled by 
     a business with more than 500 employees (in this paragraph 
     referred to as a `VCOC under large business control') has an 
     ownership interest in a business concern that is owned in 
     majority part by venture capital operating companies, the 
     business concern is eligible to receive an award under the 
     SBIR or STTR program only if--
       ``(A) not more than two VCOCs under large business control 
     have an ownership interest in the business concern; and
       ``(B) the VCOCs under large business control do not 
     collectively own more than 20 percent of the business 
     concern.
       ``(5) The term `venture capital operating company' means a 
     business concern--
       ``(A) that--
       ``(i) is a venture capital operating company, as that term 
     is defined in regulations promulgated by the Secretary of 
     Labor; or
       ``(ii) is an entity that--

       ``(I) is registered under the Investment Company Act of 
     1940 (15 U.S.C. 80a-1 et seq.); or
       ``(II) is an investment company, as defined in section 
     3(a)(1) of the Investment Company Act of 1940 (15 U.S.C. 80a-
     3), that is not registered under such Act because of an 
     exemption under paragraph (1) or (7) of section 3(c) of such 
     Act; and

       ``(B) that is organized or incorporated and domiciled in 
     the United States, or controlled by a business concern that 
     is incorporated and domiciled in the United States.''.
                                 ______
                                 
  SA 291. Mr. REID (for himself and Mr. McConnell) proposed an 
amendment to the bill H.R. 1363, making appropriations for the 
Department of Defense for the fiscal year ending September 30, 2011, 
and for other purposes; as follows:

       Strike all after the enacting clause and insert the 
     following:
       Section 1. The Continuing Appropriations Act, 2011 (Public 
     Law 111-242) is further amended--
       (1) by striking the date specified in section 106(3) and 
     inserting ``April 15, 2011'';
       (2) by adding after section 294, as added by the Additional 
     Continuing Appropriations Amendments, 2011 (section 1 of 
     Public Law 112-6), the following new sections:
       ``Sec. 295. Notwithstanding section 101, amounts are 
     provided for `Department of Transportation--Office of the 
     Secretary--Transportation Planning, Research, and 
     Development' at a rate for operations of $9,800,000.
       ``Sec. 296. Notwithstanding section 101, amounts are 
     provided for 'Department of Transportation--Federal Aviation 
     Administration--Facilities and Equipment' at a rate for 
     operations of $2,927,500,000.
       ``Sec. 297. Notwithstanding section 101, amounts are 
     provided for `Department of Transportation--Federal Aviation 
     Administration--Research, Engineering, and Development' at a 
     rate for operations of $187,000,000.
       ``Sec. 298. Notwithstanding section 101, amounts are 
     provided for `Department of Transportation--Federal Railroad 
     Administration--Capital Assistance for High Speed Rail 
     Corridors and Intercity Passenger Rail Service' at a rate for 
     operations of $1,000,000,000.
       ``Sec. 299. Notwithstanding section 101, amounts are 
     provided for `Department of Transportation--Federal Railroad 
     Administration--Railroad Research and Development' at a rate 
     for operations of $35,100,000.
       ``Sec. 300. Notwithstanding section 101, amounts are 
     provided for `Department of Transportation--Federal Transit 
     Administration--Capital Investment Grants' at a rate for 
     operations of $1,720,000,000.
       ``Sec. 301. Notwithstanding section 101, amounts are 
     provided for `Department of Transportation--Federal Transit 
     Administration--Research and University Research Centers' at 
     a rate for operations of $64,200,000.
       ``Sec. 302. Notwithstanding section 101, amounts are 
     provided for `Department of Housing and Urban Development--
     Public and Indian Housing--Public Housing Operating Fund' at 
     a rate for operations of $4,626,000,000.
       ``Sec. 303. Notwithstanding sections 101 and 226, amounts 
     are provided for `Department of Housing and Urban 
     Development--Community Planning and Development--Community 
     Development Fund' at a rate for operations of $4,230,068,480, 
     of which $0 shall be for grants for the Economic Development 
     Initiative (EDI), $0 shall be for neighborhood initiatives, 
     and $0 shall be for grants specified in the last proviso of 
     the last paragraph under such heading in title II of division 
     A of Public Law 111-117: Provided, That the second and third 
     paragraphs under such heading in title II of division A of 
     Public Law 111-117 shall not apply to funds appropriated by 
     this Act.''.
       This Act may be cited as the ``Further Additional 
     Continuing Appropriations Amendments, 2011''.

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