[Congressional Record Volume 157, Number 55 (Thursday, April 14, 2011)]
[Senate]
[Pages S2546-S2550]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 295. Mr. PORTMAN submitted an amendment intended to be proposed by 
him to the bill S. 493, to reauthorize and improve the SBIR and STTR 
programs, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. INCLUSION OF APPLICATION TO INDEPENDENT REGULATORY 
                   AGENCIES.

       (a) In General.--Section 421(1) of the Congressional Budget 
     and Impoundment Control Act of 1974 (2 U.S.C. 658(1)) is 
     amended by striking ``, but does not include independent 
     regulatory agencies''.
       (b) Exemption for Monetary Policy.--The Unfunded Mandates 
     Reform Act of 1995 (2 U.S.C. 1501 et seq.) is amended by 
     inserting after section 5 the following:

     ``SEC. 6. EXEMPTION FOR MONETARY POLICY.

       ``Nothing in title II, III, or IV shall apply to rules that 
     concern monetary policy proposed or implemented by the Board 
     of Governors of the Federal Reserve System or the Federal 
     Open Market Committee.''.
                                 ______
                                 
  SA 296. Mr. PORTMAN submitted an amendment intended to be proposed to 
amendment SA 186 proposed by Mr. Cornyn to the bill S. 493, to 
reauthorize and improve the SBIR and STTR programs, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the end, add the following:

     SEC. ___. INCLUSION OF APPLICATION TO INDEPENDENT REGULATORY 
                   AGENCIES.

       (a) In General.--Section 421(1) of the Congressional Budget 
     and Impoundment Control Act of 1974 (2 U.S.C. 658(1)) is 
     amended by striking ``, but does not include independent 
     regulatory agencies''.
       (b) Exemption for Monetary Policy.--The Unfunded Mandates 
     Reform Act of 1995 (2 U.S.C. 1501 et seq.) is amended by 
     inserting after section 5 the following:

     ``SEC. 6. EXEMPTION FOR MONETARY POLICY.

       ``Nothing in title II, III, or IV shall apply to rules that 
     concern monetary policy proposed or implemented by the Board 
     of Governors of the Federal Reserve System or the Federal 
     Open Market Committee.''.
                                 ______
                                 
  SA 297. Ms. SNOWE 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 89, strike line 18 and all that follows through 
     page 91, line 6, and insert the following:
       ``(A) continue the most recent study under this section 
     relating to the issues described in subparagraphs (A), (B), 
     (C), and (E) of subsection (a)(1), except that, for purposes 
     of this subparagraph, subparagraphs (A), (B), (C), and (E) of 
     subsection (a)(1) shall be applied by substituting `SBIR 
     program and STTR program' for `SBIR program' each place it 
     appears;
       ``(B) evaluate, for the STTR program--
       ``(i) the partnerships created between small businesses and 
     research institutions, including the number of new 
     partnerships created, the effectiveness of partnerships in 
     achieving technical objectives of research projects and the 
     degree of difficulty or ease in negotiating details of 
     cooperative research agreements, including issues relating to 
     intellectual property rights; and
       ``(ii) the effectiveness of the program at transferring 
     technology and capabilities developed by Federal funding from 
     research institutions to small business concerns;
       ``(C) study the effectiveness of the government and public 
     databases described in section 9(k) of the Small Business Act 
     (15 U.S.C. 638(k)) in reducing vulnerabilities of the SBIR 
     program and the STTR program to fraud, waste, and abuse, 
     particularly with respect to Federal agencies funding 
     duplicative proposals and business concerns falsifying 
     information in proposals;
       ``(D) estimate, to the extent practicable, the number of 
     jobs created by the SBIR programs and STTR programs of the 
     agencies; and
       ``(E) make recommendations with respect to the issues 
     described in subparagraphs (B) and (C) of this subparagraph 
     and subparagraphs (A), (D), and (E) of subsection (a)(2), 
     except that, for purposes of this subparagraph, subparagraphs 
     (A), (D), and (E) of subsection (a)(2) shall be applied by 
     substituting

[[Page S2547]]

     `SBIR program and STTR program' for `SBIR program' each place 
     it appears.
       ``(2) Consultation.--An agreement under paragraph (1) shall 
     require the National Research Council to ensure there is 
     participation by and consultation with the small business 
     community, the Administration, and other interested parties 
     as described in subsection (b).
       ``(3) Reporting.--An agreement under paragraph (1) shall 
     require that not later than 4 years after the date of 
     enactment of the SBIR/STTR Reauthorization Act of 2011, and 
     every 4 years thereafter, the National Research Council shall 
     submit to the head of each agency entering into the 
     agreement, the Committee on Small Business and 
     Entrepreneurship of the Senate and the Committee on Small 
     Business and the Committee on Science, Space, and Technology 
     of the House of Representatives a report regarding the study 
     conducted under paragraph (1) that contains the 
     recommendations described in paragraph (1).''.
                                 ______
                                 
  SA 298. Ms. SNOWE 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 96, line 13, strike the quotation marks and the 
     second period and insert the following:
       ``(4) Reports.--For each of the 3 full fiscal years 
     beginning after the date of enactment of this subsection, 
     each Federal agency that uses funds in accordance with this 
     subsection shall submit to the Committee on Small Business 
     and Entrepreneurship of the Senate and the Committee on 
     Science, Space, and Technology and the Committee on Small 
     Business of the House of Representatives a report that 
     includes--
       ``(A) the total amount used in accordance with this 
     subsection; and
       ``(B) the amount used for each of the activities described 
     in subparagraphs (A) through (K) of paragraph (1).''.
                                 ______
                                 
  SA 299. Ms. SNOWE (for herself and Mr. Coburn) submitted an amendment 
intended to be proposed by her to the bill S. 493, to reauthorize and 
improve the SBIR and STTR programs, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the end, add the following:

                TITLE--SMALL BUSINESS REGULATORY FREEDOM

     SEC. _01. FINDINGS.

       Congress finds the following:
       (1) A vibrant and growing small business sector is critical 
     to the recovery of the economy of the United States.
       (2) Regulations designed for application to large-scale 
     entities have been applied uniformly to small businesses and 
     other small entities, sometimes inhibiting the ability of 
     small entities to create new jobs.
       (3) Uniform Federal regulatory and reporting requirements 
     in many instances have imposed on small businesses and other 
     small entities unnecessary and disproportionately burdensome 
     demands, including legal, accounting, and consulting costs, 
     thereby threatening the viability of small entities and the 
     ability of small entities to compete and create new jobs in a 
     global marketplace.
       (4) Since 1980, Federal agencies have been required to 
     recognize and take account of the differences in the scale 
     and resources of regulated entities, but in many instances 
     have failed to do so.
       (5) In 2009, there were nearly 70,000 pages in the Federal 
     Register, and, according to research by the Office of 
     Advocacy of the Small Business Administration, the annual 
     cost of Federal regulations totals $1,750,000,000,000. Small 
     firms bear a disproportionate burden, paying approximately 36 
     percent more per employee than larger firms in annual 
     regulatory compliance costs.
       (6) All agencies in the Federal Government should fully 
     consider the costs, including indirect economic impacts and 
     the potential for job loss, of proposed rules, periodically 
     review existing regulations to determine their impact on 
     small entities, and repeal regulations that are unnecessarily 
     duplicative or have outlived their stated purpose.
       (7) It is the intention of Congress to amend chapter 6 of 
     title 5, United States Code, to ensure that all impacts, 
     including foreseeable indirect effects, of proposed and final 
     rules are considered by agencies during the rulemaking 
     process and that the agencies assess a full range of 
     alternatives that will limit adverse economic consequences, 
     enhance economic benefits, and fully address potential job 
     loss.

     SEC. _02. INCLUDING INDIRECT ECONOMIC IMPACT IN SMALL ENTITY 
                   ANALYSES.

       Section 601 of title 5, United States Code, is amended by 
     adding at the end the following:
       ``(9) the term `economic impact' means, with respect to a 
     proposed or final rule--
       ``(A) the economic effects on small entities directly 
     regulated by the rule; and
       ``(B) the reasonably foreseeable economic effects of the 
     rule on small entities that--
       ``(i) purchase products or services from, sell products or 
     services to, or otherwise conduct business with entities 
     directly regulated by the rule;
       ``(ii) are directly regulated by other governmental 
     entities as a result of the rule; or
       ``(iii) are not directly regulated by the agency as a 
     result of the rule but are otherwise subject to other agency 
     regulations as a result of the rule.''.

     SEC. _03. JUDICIAL REVIEW TO ALLOW SMALL ENTITIES TO 
                   CHALLENGE PROPOSED REGULATIONS.

       Section 611(a) of title 5, United States Code, is amended--
       (1) in paragraph (1), by inserting ``603,'' after ``601,'';
       (2) in paragraph (2), by inserting ``603,'' after ``601,'';
       (3) by striking paragraph (3) and inserting the following:
       ``(3) A small entity may seek such review during the 1-year 
     period beginning on the date of final agency action, except 
     that--
       ``(A) if a provision of law requires that an action 
     challenging a final agency action be commenced before the 
     expiration of 1 year, the lesser period shall apply to an 
     action for judicial review under this section; and
       ``(B) in the case of noncompliance with section 603 or 
     605(b), a small entity may seek judicial review of agency 
     compliance with such section before the close of the public 
     comment period.''; and
       (4) in paragraph (4)--
       (A) in subparagraph (A), by striking ``, and'' and 
     inserting a semicolon;
       (B) in subparagraph (B), by striking the period and 
     inserting ``; or''; and
       (C) by adding at the end the following:
       ``(C) issuing an injunction prohibiting an agency from 
     taking any agency action with respect to a rulemaking until 
     that agency is in compliance with the requirements of section 
     603 or 605.''.

     SEC. _04. PERIODIC REVIEW.

       Section 610 of title 5, United States Code, is amended to 
     read as follows:

     ``Sec. 610. Periodic review of rules

       ``(a)(1) Not later than 180 days after the date of 
     enactment of the SBIR/STTR Reauthorization Act of 2011, each 
     agency shall establish a plan for the periodic review of--
       ``(A) each rule issued by the agency that the head of the 
     agency determines has a significant economic impact on a 
     substantial number of small entities, without regard to 
     whether the agency performed an analysis under section 604 
     with respect to the rule; and
       ``(B) any small entity compliance guide required to be 
     published by the agency under section 212 of the Small 
     Business Regulatory Enforcement Fairness Act of 1996 (5 
     U.S.C. 601 note).
       ``(2) In reviewing rules and small entity compliance guides 
     under paragraph (1), the agency shall determine whether the 
     rules and guides should--
       ``(A) be amended or rescinded, consistent with the stated 
     objectives of applicable statutes, to minimize any 
     significant adverse economic impacts on a substantial number 
     of small entities (including an estimate of any adverse 
     impacts on job creation and employment by small entities); or
       ``(B) continue in effect without change.
       ``(3) Each agency shall publish the plan established under 
     paragraph (1) in the Federal Register and on the Web site of 
     the agency.
       ``(4) An agency may amend the plan established under 
     paragraph (1) at any time by publishing the amendment in the 
     Federal Register and on the Web site of the agency.
       ``(b) Each plan established under subsection (a) shall 
     provide for--
       ``(1) the review of each rule and small entity compliance 
     guide described in subsection (a)(1) in effect on the date of 
     enactment of the SBIR/STTR Reauthorization Act of 2011--
       ``(A) not later than 9 years after the date of publication 
     of the plan in the Federal Register; and
       ``(B) every 9 years thereafter; and
       ``(2) the review of each rule adopted and small entity 
     compliance guide described in subsection (a)(1) that is 
     published after the date of enactment of the SBIR/STTR 
     Reauthorization Act of 2011--
       ``(A) not later than 9 years after the publication of the 
     final rule in the Federal Register; and
       ``(B) every 9 years thereafter.
       ``(c) In reviewing rules under the plan required under 
     subsection (a), the agency shall consider--
       ``(1) the continued need for the rule;
       ``(2) the nature of complaints received by the agency from 
     small entities concerning the rule;
       ``(3) comments by the Regulatory Enforcement Ombudsman and 
     the Chief Counsel for Advocacy of the Small Business 
     Administration;
       ``(4) the complexity of the rule;
       ``(5) the extent to which the rule overlaps, duplicates, or 
     conflicts with other Federal rules and, unless the head of 
     the agency determines it to be infeasible, State and local 
     rules;
       ``(6) the contribution of the rule to the cumulative 
     economic impact of all Federal rules on the class of small 
     entities affected by the rule, unless the head of the agency 
     determines that such a calculation cannot be made;
       ``(7) the length of time since the rule has been evaluated, 
     or the degree to which technology, economic conditions, or 
     other factors have changed in the area affected by the rule; 
     and
       ``(8) the economic impact of the rule, including--
       ``(A) the estimated number of small entities to which the 
     rule will apply;

[[Page S2548]]

       ``(B) the estimated number of small entity jobs that will 
     be lost or created due to the rule; and
       ``(C) the projected reporting, recordkeeping, and other 
     compliance requirements of the proposed rule, including--
       ``(i) an estimate of the classes of small entities that 
     will be subject to the requirement; and
       ``(ii) the type of professional skills necessary for 
     preparation of the report or record.
       ``(d)(1) Each agency shall submit an annual report 
     regarding the results of the review required under subsection 
     (a) to--
       ``(A) Congress; and
       ``(B) in the case of an agency that is not an independent 
     regulatory agency (as defined in section 3502(5) of title 
     44), the Administrator of the Office of Information and 
     Regulatory Affairs of the Office of Management and Budget.
       ``(2) Each report required under paragraph (1) shall 
     include a description of any rule or guide with respect to 
     which the agency made a determination of infeasibility under 
     paragraph (5) or (6) of subsection (c), together with a 
     detailed explanation of the reasons for the determination.
       ``(e) Each agency shall publish in the Federal Register and 
     on the Web site of the agency a list of the rules and small 
     entity compliance guides to be reviewed under the plan 
     required under subsection (a) that includes--
       ``(1) a brief description of each rule or guide;
       ``(2) for each rule, the reason why the head of the agency 
     determined that the rule has a significant economic impact on 
     a substantial number of small entities (without regard to 
     whether the agency had prepared a final regulatory 
     flexibility analysis for the rule); and
       ``(3) a request for comments from the public, the Chief 
     Counsel for Advocacy of the Small Business Administration, 
     and the Regulatory Enforcement Ombudsman concerning the 
     enforcement of the rules or publication of the guides.
       ``(f)(1) Not later than 6 months after each date described 
     in subsection (b)(1), the Inspector General for each agency 
     shall--
       ``(A) determine whether the agency has conducted the review 
     required under subsection (b) appropriately; and
       ``(B) notify the head of the agency of--
       ``(i) the results of the determination under subparagraph 
     (A); and
       ``(ii) any issues preventing the Inspector General from 
     determining that the agency has conducted the review under 
     subsection (b) appropriately.
       ``(2)(A) Not later than 6 months after the date on which 
     the head of an agency receives a notice under paragraph 
     (1)(B) that the agency has not conducted the review under 
     subsection (b) appropriately, the agency shall address the 
     issues identified in the notice.
       ``(B) Not later than 30 days after the last day of the 6-
     month period described in subparagraph (A), the Inspector 
     General for an agency that receives a notice described in 
     subparagraph (A) shall--
       ``(i) determine whether the agency has addressed the issues 
     identified in the notice; and
       ``(ii) notify Congress if the Inspector General determines 
     that the agency has not addressed the issues identified in 
     the notice; and
       ``(C) Not later than 30 days after the date on which the 
     Inspector General for an agency transmits a notice under 
     subparagraph (B)(ii), an amount equal to 1 percent of the 
     amount appropriated for the fiscal year to the appropriations 
     account of the agency that is used to pay salaries shall be 
     rescinded.
       ``(D) Nothing in this paragraph may be construed to prevent 
     Congress from acting to prevent a rescission under 
     subparagraph (C).''.

     SEC. _05. REQUIRING SMALL BUSINESS REVIEW PANELS FOR 
                   ADDITIONAL AGENCIES.

       (a) Agencies.--Section 609 of title 5, United States Code, 
     is amended--
       (1) in subsection (b)--
       (A) by striking ``a covered agency'' the first place it 
     appears and inserting ``an agency designated under subsection 
     (d)''; and
       (B) by striking ``a covered agency'' each place it appears 
     and inserting ``the agency'';
       (2) by striking subsection (d), as amended by section 
     1100G(a) of Public Law 111-203 (124 Stat. 2112), and 
     inserting the following:
       ``(d)(1)(A) On and after the date of enactment of the SBIR/
     STTR Reauthorization Act of 2011, the Environmental 
     Protection Agency and the Occupational Safety and Health 
     Administration of the Department of Labor shall be--
       ``(i) agencies designated under this subsection; and
       ``(ii) subject to the requirements of subsection (b).
       ``(B) On and after the designated transfer date established 
     under section 1062 of Public Law 111-203 (12 U.S.C. 5582), 
     the Bureau of Consumer Financial Protection shall be--
       ``(i) an agency designated under this subsection; and
       ``(ii) subject to the requirements of subsection (b).
       ``(2) The Chief Counsel for Advocacy shall designate as 
     agencies that shall be subject to the requirements of 
     subsection (b) on and after the date of the designation--
       ``(A) 3 agencies for the first year after the date of 
     enactment of the SBIR/STTR Reauthorization Act of 2011;
       ``(B) in addition to the agencies designated under 
     subparagraph (A), 3 agencies for the second year after the 
     date of enactment of the SBIR/STTR Reauthorization Act of 
     2011; and
       ``(C) in addition to the agencies designated under 
     subparagraphs (A) and (B), 3 agencies for the third year 
     after the date of enactment of the SBIR/STTR Reauthorization 
     Act of 2011.
       ``(3) The Chief Counsel for Advocacy shall designate 
     agencies under paragraph (2) based on the economic impact of 
     the rules of the agency on small entities, beginning with 
     agencies with the largest economic impact on small 
     entities.''; and
       (3) in subsection (e)(1), by striking ``the covered 
     agency'' and inserting ``the agency''.
       (b) Technical and Conforming Amendments.--
       (1) Section 603.--Section 603(d) of title 5, United States 
     Code, as added by section 1100G(b) of Public Law 111-203 (124 
     Stat. 2112), is amended--
       (A) in paragraph (1), by striking ``a covered agency, as 
     defined in section 609(d)(2)'' and inserting ``the Bureau of 
     Consumer Financial Protection''; and
       (B) in paragraph (2), by striking ``A covered agency, as 
     defined in section 609(d)(2),'' and inserting ``The Bureau of 
     Consumer Financial Protection''.
       (2) Section 604.--Section 604(a) of title 5, United States 
     Code, is amended--
       (A) by redesignating the second paragraph designated as 
     paragraph (6) (relating to covered agencies), as added by 
     section 1100G(c)(3) of Public Law 111-203 (124 Stat. 2113), 
     as paragraph (7); and
       (B) in paragraph (7), as so redesignated--
       (i) by striking ``a covered agency, as defined in section 
     609(d)(2)'' and inserting ``the Bureau of Consumer Financial 
     Protection''; and
       (ii) by striking ``the agency'' and inserting ``the 
     Bureau''.
       (3) Effective date.--The amendments made by this subsection 
     shall take effect on the date of enactment of this Act and 
     apply on and after the designated transfer date established 
     under section 1062 of Public Law 111-203 (12 U.S.C. 5582).

     SEC. _06. EXPANDING THE REGULATORY FLEXIBILITY ACT TO AGENCY 
                   GUIDANCE DOCUMENTS.

       Section 601(2) of title 5, United States Code, is amended 
     by inserting after ``public comment'' the following: ``and 
     any significant guidance document, as defined in the Office 
     of Management and Budget Final Bulletin for Agency Good 
     Guidance Procedures (72 Fed. Reg. 3432; January 25, 2007)''.

     SEC. _07. REQUIRING THE INTERNAL REVENUE SERVICE TO CONSIDER 
                   SMALL ENTITY IMPACT.

       (a) In General.--Section 603(a) of title 5, United States 
     Code, is amended, in the fifth sentence, by striking ``but 
     only'' and all that follows through the period at the end and 
     inserting ``but only to the extent that such interpretative 
     rules, or the statutes upon which such rules are based, 
     impose on small entities a collection of information 
     requirement or a recordkeeping requirement.''.
       (b) Definitions.--Section 601 of title 5, United States 
     Code, as amended by section 3 of this Act, is amended--
       (1) in paragraph (6), by striking ``and'' at the end; and
       (2) by striking paragraphs (7) and (8) and inserting the 
     following:
       ``(7) the term `collection of information' has the meaning 
     given that term in section 3502(3) of title 44;
       ``(8) the term `recordkeeping requirement' has the meaning 
     given that term in section 3502(13) of title 44; and''.

     SEC. _08. REPORTING ON ENFORCEMENT ACTIONS RELATING TO SMALL 
                   ENTITIES.

       Section 223 of the Small Business Regulatory Enforcement 
     Fairness Act of 1996 (5 U.S.C. 601 note) is amended--
       (1) in subsection (a)--
       (A) by striking ``Each agency'' and inserting the 
     following:
       ``(1) Establishment of policy or program.--Each agency''; 
     and
       (B) by adding at the end the following:
       ``(2) Review of civil penalties.--Not later than 2 years 
     after the date of enactment of the SBIR/STTR Reauthorization 
     Act of 2011, and every 2 years thereafter, each agency 
     regulating the activities of small entities shall review the 
     civil penalties imposed by the agency for violations of a 
     statutory or regulatory requirement by a small entity to 
     determine whether a reduction or waiver of the civil 
     penalties is appropriate.''; and
       (2) in subsection (c)--
       (A) by striking ``Agencies shall report'' and all that 
     follows through ``the scope'' and inserting ``Not later than 
     2 years after the date of enactment of the SBIR/STTR 
     Reauthorization Act of 2011, and every 2 years thereafter, 
     each agency shall submit to the Committee on Small Business 
     and Entrepreneurship and the Committee on Homeland Security 
     and Governmental Affairs of the Senate and the Committee on 
     Small Business and the Committee on the Judiciary of the 
     House of Representatives a report discussing the scope''; and
       (B) by striking ``and the total amount of penalty 
     reductions and waivers'' and inserting ``the total amount of 
     penalty reductions and waivers, and the results of the most 
     recent review under subsection (a)(2)''.

     SEC. _09. REQUIRING MORE DETAILED SMALL ENTITY ANALYSES.

       (a) Initial Regulatory Flexibility Analysis.--Section 603 
     of title 5, United States Code, as amended by section 
     1100G(b) of Public Law 111-203 (124 Stat. 2112), is amended--

[[Page S2549]]

       (1) by striking subsection (b) and inserting the following:
       ``(b) Each initial regulatory flexibility analysis required 
     under this section shall contain a detailed statement--
       ``(1) describing the reasons why action by the agency is 
     being considered;
       ``(2) describing the objectives of, and legal basis for, 
     the proposed rule;
       ``(3) estimating the number and type of small entities to 
     which the proposed rule will apply;
       ``(4) describing the projected reporting, recordkeeping, 
     and other compliance requirements of the proposed rule, 
     including an estimate of the classes of small entities which 
     will be subject to the requirement and the type of 
     professional skills necessary for preparation of the report 
     and record;
       ``(5) describing all relevant Federal rules which may 
     duplicate, overlap, or conflict with the proposed rule, or 
     the reasons why such a description could not be provided; and
       ``(6) estimating the additional cumulative economic impact 
     of the proposed rule on small entities, including job loss by 
     small entities, beyond that already imposed on the class of 
     small entities by the agency, or the reasons why such an 
     estimate is not available.''; and
       (2) by adding at the end the following:
       ``(e) An agency shall notify the Chief Counsel for Advocacy 
     of the Small Business Administration of any draft rules that 
     may have a significant economic impact on a substantial 
     number of small entities--
       ``(1) when the agency submits a draft rule to the Office of 
     Information and Regulatory Affairs of the Office of 
     Management and Budget under Executive Order 12866, if that 
     order requires the submission; or
       ``(2) if no submission to the Office of Information and 
     Regulatory Affairs is required--
       ``(A) a reasonable period before publication of the rule by 
     the agency; and
       ``(B) in any event, not later than 3 months before the date 
     on which the agency publishes the rule.''.
       (b) Final Regulatory Flexibility Analysis.--
       (1) In general.--Section 604(a) of title 5, United States 
     Code, is amended--
       (A) by inserting ``detailed'' before ``description'' each 
     place it appears;
       (B) in paragraph (2)--
       (i) by inserting ``detailed'' before ``statement'' each 
     place it appears; and
       (ii) by inserting ``(or certification of the proposed rule 
     under section 605(b))'' after ``initial regulatory 
     flexibility analysis'';
       (C) in paragraph (4), by striking ``an explanation'' and 
     inserting ``a detailed explanation''; and
       (D) in paragraph (6) (relating to a description of steps 
     taken to minimize significant economic impact), as added by 
     section 1601 of the Small Business Jobs Act of 2010 (Public 
     Law 111-240; 124 Stat. 2251), by inserting ``detailed'' 
     before ``statement''.
       (2) Publication of analysis on web site, etc.--Section 
     604(b) of title 5, United States Code, is amended to read as 
     follows:
       ``(b) The agency shall--
       ``(1) make copies of the final regulatory flexibility 
     analysis available to the public, including by publishing the 
     entire final regulatory flexibility analysis on the Web site 
     of the agency; and
       ``(2) publish in the Federal Register the final regulatory 
     flexibility analysis, or a summary of the analysis that 
     includes the telephone number, mailing address, and address 
     of the Web site where the complete final regulatory 
     flexibility analysis may be obtained.''.
       (c) Cross-References to Other Analyses.--Section 605(a) of 
     title 5, United States Code, is amended to read as follows:
       ``(a) A Federal agency shall be deemed to have satisfied a 
     requirement regarding the content of a regulatory flexibility 
     agenda or regulatory flexibility analysis under section 602, 
     603, or 604, if the Federal agency provides in the agenda or 
     regulatory flexibility analysis a cross-reference to the 
     specific portion of an agenda or analysis that is required by 
     another law and that satisfies the requirement under section 
     602, 603, or 604.''.
       (d) Certifications.--Section 605(b) of title 5, United 
     States Code, is amended, in the second sentence, by striking 
     ``statement providing the factual'' and inserting ``detailed 
     statement providing the factual and legal''.
       (e) Quantification Requirements.--Section 607 of title 5, 
     United States Code, is amended to read as follows:

     ``Sec. 607. Quantification requirements

       ``In complying with sections 603 and 604, an agency shall 
     provide--
       ``(1) a quantifiable or numerical description of the 
     effects of the proposed or final rule, including an estimate 
     of the potential for job loss, and alternatives to the 
     proposed or final rule; or
       ``(2) a more general descriptive statement regarding the 
     potential for job loss and a detailed statement explaining 
     why quantification under paragraph (1) is not practicable or 
     reliable.''.

     SEC. _10. ENSURING THAT AGENCIES CONSIDER SMALL ENTITY IMPACT 
                   DURING THE RULEMAKING PROCESS.

       Section 605(b) of title 5, United States Code, is amended--
       (1) by inserting ``(1)'' after ``(b)''; and
       (2) by adding at the end the following:
       ``(2) If, after publication of the certification required 
     under paragraph (1), the head of the agency determines that 
     there will be a significant economic impact on a substantial 
     number of small entities, the agency shall comply with the 
     requirements of section 603 before the publication of the 
     final rule, by--
       ``(A) publishing an initial regulatory flexibility analysis 
     for public comment; or
       ``(B) re-proposing the rule with an initial regulatory 
     flexibility analysis.
       ``(3) The head of an agency may not make a certification 
     relating to a rule under this subsection, unless the head of 
     the agency has determined--
       ``(A) the average cost of the rule for small entities 
     affected or reasonably presumed to be affected by the rule;
       ``(B) the number of small entities affected or reasonably 
     presumed to be affected by the rule; and
       ``(C) the number of affected small entities for which that 
     cost will be significant.
       ``(4) Before publishing a certification and a statement 
     providing the factual basis for the certification under 
     paragraph (1), the head of an agency shall--
       ``(A) transmit a copy of the certification and statement to 
     the Chief Counsel for Advocacy of the Small Business 
     Administration; and
       ``(B) consult with the Chief Counsel for Advocacy of the 
     Small Business Administration on the accuracy of the 
     certification and statement.''.

     SEC. _11. ADDITIONAL POWERS OF THE OFFICE OF ADVOCACY.

       Section 203 of Public Law 94-305 (15 U.S.C. 634c) is 
     amended--
       (1) in paragraph (5), by striking ``and'' at the end;
       (2) in paragraph (6), by striking the period at the end and 
     inserting ``; and''; and
       (3) by inserting after paragraph (6) the following:
       ``(7) at the discretion of the Chief Counsel for Advocacy, 
     comment on regulatory action by an agency that affects small 
     businesses, without regard to whether the agency is required 
     to file a notice of proposed rulemaking under section 553 of 
     title 5, United States Code, with respect to the action.''.

     SEC. _12. FUNDING AND OFFSETS.

       (a) Authorization.--There are authorized to be appropriated 
     to the Small Business Administration, for any costs of 
     carrying out this title and the amendments made by this title 
     (including the costs of hiring additional employees)--
       (1) $1,000,000 for fiscal year 2012;
       (2) $2,000,000 for fiscal year 2013; and
       (3) $3,000,000 for fiscal year 2014.
       (b) Repeals.--In order to offset the costs of carrying out 
     this title and the amendments made by this title and to 
     reduce the Federal deficit, the following provisions of law 
     are repealed, effective on the date of enactment of this Act:
       (1) Section 21(n) of the Small Business Act (15 U.S.C. 
     648).
       (2) Section 27 of the Small Business Act (15 U.S.C. 654).
       (3) Section 1203(c) of the Energy Security and Efficiency 
     Act of 2007 (15 U.S.C. 657h(c)).

     SEC. _13. TECHNICAL AND CONFORMING AMENDMENTS.

       (a) Heading.--Section 605 of title 5, United States Code, 
     is amended in the section heading by striking ``Avoidance'' 
     and all that follows and inserting the following: 
     ``Incorporations by reference and certification.''.
       (b) Table of Sections.--The table of sections for chapter 6 
     of title 5, United States Code, is amended--
       (1) by striking the item relating to section 605 and 
     inserting the following:

``605. Incorporations by reference and certifications.'';

       and
       (2) by striking the item relating to section 607 inserting 
     the following:

``607. Quantification requirements.''.
                                 ______
                                 
  SA 300. Mr. DeMINT submitted an amendment intended to be proposed to 
amendment SA 199 proposed by Mr. Paul 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 6 of the amendment, after line 12, add the 
     following:

     SEC. _26. NATIONAL SECURITY WAIVER.

       (a) National Security Waiver.--The funding restrictions in 
     sections 6, 8, 10, and 16 may be waived by the Secretary of 
     Defense for programs or activities determined by the 
     Secretary to be vital to the national security of the United 
     States.
       (b) Congressional Earmarks Offset.--
       (1) In general.--Any language specifying an earmark in an 
     appropriations Act for fiscal year 2010, or in a committee 
     report or joint explanatory statement accompanying such an 
     Act, shall have no legal effect.
       (2) Definition.--For purposes of this subsection, the term 
     ``earmark'' means a congressional earmark or congressionally 
     directed spending item, as defined in clause 9(e) of rule XXI 
     of the Rules of the House of Representatives and paragraph 
     5(a) of rule XLIV.
       (3) Reduction required.--Any funds appropriated in fiscal 
     year 2011 to any program shall be reduced by the total amount 
     of congressional earmarks or congressionally directed 
     spending items contained within a committee report or jointly 
     explanatory statement accompanying such an Act that provided 
     appropriations to the program in fiscal year 2010.

[[Page S2550]]

       (4) Rescission.--The amounts reduced by paragraph (3) are 
     rescinded and returned to the Treasury.
       (5) Prior law.--Paragraphs (3) and (4) shall not apply to 
     any programs or accounts that were reduced in the same manner 
     by the Further Continuing Appropriations Amendments, 2011 
     (Public Law 112-4) or any other Act that takes effect prior 
     to date of enactment of this Act.
                                 ______
                                 
  SA 301. Mr. REID (for Ms. Snowe) proposed an amendment to the 
resolution S. Res. 109, honoring and supporting women in North Africa 
and the Middle East whose bravery, compassion, and commitment to 
putting the wellbeing of others before their own have proven that 
courage can be contagious; as follows:

       On page 4, beginning on line 12, strike ``, and supports'' 
     and all that follows through ``these rights'' on line 14.
                                 ______
                                 
  SA 302. Mr. REID (for Ms. Snowe) proposed an amendment to the 
resolution S. Res. 109, honoring and supporting women in North Africa 
and the Middle East whose bravery, compassion, and commitment to 
putting the wellbeing of others before their own have proven that 
courage can be contagious; as follows:

       In the ninth whereas clause of the preamble, strike ``the 
     United Nations Security Council and''.

                          ____________________