[Congressional Record (Bound Edition), Volume 155 (2009), Part 11]
[Senate]
[Pages 14196-14212]
[From the U.S. Government Publishing Office, www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Ms. LANDRIEU:
  S. 1196. A bill to amend the Small Business Act to improve the Office 
of International Trade, and for other purposes; to the Committee on 
Small Business and Entrepreneurship.
  Ms. LANDRIEU. Mr. President, as I come to the floor today, America's 
Main Street businesses are suffering. With cash registers not ringing 
like they used to, exporting has become a practical solution for 
entrepreneurs looking to survive and grow.
  What helps our entrepreneurs helps our entire economy. Every $1 
billion of exports creates more than 14,000 high-paying American jobs. 
By creating jobs, as well as lessening the trade deficit, an increase 
in small business exporting will lead us out of this recession and make 
our Nation better able to compete in the global marketplace.
  Small businesses already play a vital role in America's trade and 
commerce, representing 97 percent of all exporters. Yet, with only one 
percent of small firms exporting their goods--making up slightly more 
than a quarter of the country's export volume--trade remains dominated 
by larger businesses.
  A December 2008 report released by the U.S. Census Bureau and the 
Bureau of Economic Analysis noted that U.S. exports of goods and 
services grew by 12 percent in 2008 to $1.84 trillion. However, this 
same data showed that during the same time period imports increased 7.4 
percent to $2.52 trillion. More involvement of our small businesses in 
exporting would be an enormous catalyst in reducing the country's trade 
deficit.
  As Chair of the Committee on Small Business and Entrepreneurship, I 
have heard from small exporters across the country. They have told me 
that the programs and services we have now at the Small Business 
Administration, SBA, are just adequate, but improvements are needed. 
With a few key changes to some of the export assistance and trade 
programs offered by the SBA, as well as a higher level of advocacy, I 
believe we can dramatically improve the tools available to small 
exporters while simultaneously increasing exporting opportunities for 
all entrepreneurs.

[[Page 14197]]

  That is why today I am introducing the Small Business International 
Trade Enhancements Act of 2009. With this important legislation, small 
firms will have more opportunities to grow their businesses by 
expanding into international markets, creating jobs and strengthening 
our economy.
  Like many small businesses, one of the biggest hurdles faced by small 
exporters is access to capital. The current economic conditions 
exacerbate this problem for small firms. The SBA offers several loan 
programs to help small exporters, but years of neglect under the 
previous administration have sometimes rendered these valuable tools 
both unattractive and impractical for borrowers and lenders alike.
  One of the SBA's signature trade assistance products, the 
International Trade Loan, ITL, program, is a perfect example of this. 
This program allows exporters to borrow up to $2 million with 
$1,750,000 guaranteed by the SBA. Exporters can then use this money to 
help develop and expand overseas markets, upgrade equipment and 
facilities, or provide an infusion of capital if they are being hurt by 
import competition.
  While the original goal of this program is still very much on target 
with the needs of larger exporters, it has not evolved to meet the 
financing needs of small exporters in an ever-changing global economy. 
The volume of loans made through this program has dropped by more than 
63 percent since 2003. The SBA's other signature trade financing 
products--the Export Working Capital Program and the Export Express 
program--have also seen significant drop-offs in their loan volume, 26 
percent and 23 percent respectively.
  With a few small but significant changes to these programs, the SBA 
will be able to once again provide a user-friendly and attractive 
financing option that makes sense for both borrowers and lenders. One 
of the biggest problems with the ITL program, for example, is that a 
discrepancy between the loan cap and the guarantee often forces 
borrowers to take out a second loan to take full advantage of the 
guarantee. Additionally, ITL's can only be used to acquire fixed 
assets, rather than working capital, a common need for exporters. ITL's 
also do not have the same collateral or refinancing terms as SBA 7(a) 
loans.
  The provisions in this legislation create a more commonsense product 
by addressing these concerns. The bill raises the loan guarantee to 
$2,750,000 and the loan cap to $3,670,000, to make it consistent with 
the 7(a) loan program. Further, it makes the ITL program more flexible 
by allowing working capital to become an eligible use for loan proceeds 
and extends the same terms for collateral and refinancing as with the 
7(a) loan program. The end result is a relevant and more practical tool 
for small exporters.
  Making these simple changes to this program will go a long way 
towards helping small businesses find adequate export financing. The 
SBA International Trade Loan and other export financing programs, 
however, leave borrowers without any assistance in identifying which 
loans are right for them. Local lenders that specialize in export 
financing can help get these products into the hands of the small 
exporters that need them the most, but they are not always the most 
effective means of doing so.
  The SBA currently has 17 financial specialists posted throughout the 
country at one-stop assistance centers operated by the Department of 
Commerce. These specialists, at a minimal cost to the taxpayer, have 
facilitated well over $10 billion in exports in the last 10 years, 
helping to create 140,000 new and higher-paying jobs. Unfortunately, 
under the previous administration, this program suffered as well. My 
legislation would restore the staffing levels to what they were in 
2002, establishing a floor of 22 financial specialists with priority 
staffing going to those centers--including one in my home, New 
Orleans--who have been without a finance specialist since 2003.
  With more than 19 Federal agencies involved in export and trade 
promotion, small exporters often do not know where to turn for help. My 
legislation would help bring small business trade to the forefront in 
two ways.
  First, it gives the SBA's Office of International Trade, OIT, more 
resources and a higher profile within the Agency, making it directly 
accountable to the Administrator instead of part of the Office of 
Capital Access, OCA, where it is currently held. OIT is doing an 
adequate job now, but with my proposed changes, the office would have 
the potential to become a much more valuable partner and visible 
advocate for small exporters.
  In addition to raising the level of advocacy within the SBA, my 
legislation reasserts the call for a special small business advocate 
within the Office of the U.S. Trade Representative USTR. The USTR plays 
an important role in every aspect of trade in this country. While the 
Office claims to make small businesses a central focus, I believe more 
can be done to address the needs of our entrepreneurs during trade 
negotiations. I, along with my Ranking Member on the Small Business 
Committee, Senator Snowe, and Senator Schumer, reached out to 
Ambassador Kirk earlier this year asking him to create an Assistant 
Trade Representative focused on small exporters. Such a move would not 
be unprecedented. In fact, this very chamber called on the Office of 
the U.S. Trade Representative to create such a position more than 20 
years ago.
  The Small Business International Trade Enhancements Act of 2009 is an 
important first step towards ensuring that small firms will have more 
opportunities to grow. By increasing exporting opportunities for small 
businesses, we will help them expand into international markets, create 
new and higher-paying jobs and strengthen the economy. I have heard 
from some of the members of my Committee, and I know how important this 
issue is to many of them, including Ranking Member Snowe.
  The 111th Congress will be the third consecutive Congress that I have 
introduced this particular legislation. I introduced it in the 109th 
Congress as S. 3663 and in the 110th Congress as S. 738. In these 
previous Congresses we have had some success in moving the bill through 
committee--a similar version of this bill passed the Senate Small 
Business Committee twice in the last two Congresses. However, as with 
other SBA reauthorization legislation, it stalled in the full Senate. 
As the new Chair of the Small Business Committee this Congress, I have 
made increasing small business export opportunities one of my top 
priorities. With this in mind, I will work closely with Ranking Member 
Snowe and the other Committee members in the coming months to get this 
legislation to the President's desk.
  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. 1196

       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 ``Small Business International 
     Trade Enhancements Act of 2009''.

     SEC. 2. SMALL BUSINESS ADMINISTRATION ASSOCIATE ADMINISTRATOR 
                   FOR INTERNATIONAL TRADE.

       (a) Establishment.--Section 22 of the Small Business Act 
     (15 U.S.C. 649) is amended--
       (1) by striking ``sec. 22. (a) There'' and inserting the 
     following:

     ``SEC. 22. OFFICE OF INTERNATIONAL TRADE.

       ``(a) Establishment.--
       ``(1) Office.--There''; and
       (2) in subsection (a), by adding at the end the following:
       ``(2) Associate administrator.--The head of the Office 
     shall be the Associate Administrator for International Trade, 
     who shall be responsible to the Administrator.''.
       (b) Authority for Additional Associate Administrator.--
     Section 4(b)(1) of the Small Business Act (15 U.S.C. 
     633(b)(1)) is amended--
       (1) in the fifth sentence, by striking ``five Associate 
     Administrators'' and inserting ``Associate Administrators''; 
     and
       (2) by adding at the end the following: ``One such 
     Associate Administrator shall be the Associate Administrator 
     for International Trade, who shall be the head of the Office 
     of International Trade established under section 22.''.

[[Page 14198]]

       (c) Discharge of International Trade Responsibilities of 
     Administration.--Section 22 of the Small Business Act (15 
     U.S.C. 649) is amended by adding at the end the following:
       ``(h) Discharge of International Trade Responsibilities of 
     Administration.--The Administrator shall ensure that--
       ``(1) the responsibilities of the Administration regarding 
     international trade are carried out by the Associate 
     Administrator;
       ``(2) the Associate Administrator has sufficient resources 
     to carry out such responsibilities; and
       ``(3) the Associate Administrator has direct supervision 
     and control over--
       ``(A) the staff of the Office; and
       ``(B) any employee of the Administration whose principal 
     duty station is an Export Assistance Center, or any successor 
     entity.''.
       (d) Role of Associate Administrator in Carrying Out 
     International Trade Policy.--Section 2(b)(1) of the Small 
     Business Act (15 U.S.C. 631(b)(1)) is amended in the matter 
     preceding subparagraph (A)--
       (1) by inserting ``the Administrator of'' before ``the 
     Small Business Administration''; and
       (2) by inserting ``through the Associate Administrator for 
     International Trade, and'' before ``in cooperation with''.
       (e) Implementation Date.--Not later than 90 days after the 
     date of enactment of this Act, the Administrator of the Small 
     Business Administration shall appoint an Associate 
     Administrator for International Trade under section 22(a) of 
     the Small Business Act (15 U.S.C. 649(a)), as added by this 
     section.

     SEC. 3. OFFICE OF INTERNATIONAL TRADE.

       (a) Amendments to Section 22.--Section 22 of the Small 
     Business Act (15 U.S.C. 649) is amended--
       (1) in subsection (b)--
       (A) by striking ``(b) The Office'' and inserting the 
     following:
       ``(b) Trade Distribution Network.--The Associate 
     Administrator'';
       (B) in the matter preceding paragraph (1), by inserting 
     ``Export Assistance Centers,'' after ``export promotion 
     efforts,''; and
       (C) by amending paragraph (1) to read as follows:
       ``(1) assist in maintaining a distribution network, using 
     regional and local offices of the Administration, the small 
     business development center network, networks of women's 
     business centers, and Export Assistance Centers for programs 
     relating to--
       ``(A) trade promotion;
       ``(B) trade finance;
       ``(C) trade adjustment assistance;
       ``(D) trade remedy assistance; and
       ``(E) trade data collection;'';
       (2) in subsection (c)--
       (A) by striking ``(c) The Office'' and inserting the 
     following:
       ``(c) Promotion of Sales Opportunities.--The Associate 
     Administrator'';
       (B) by redesignating paragraphs (1) through (8) as 
     paragraphs (2) through (9), respectively;
       (C) by inserting before paragraph (2), as so redesignated, 
     the following:
       ``(1) establish annual goals for the Office relating to--
       ``(A) enhancing the exporting capability of small business 
     concerns and small manufacturers;
       ``(B) facilitating technology transfers;
       ``(C) enhancing programs and services to assist small 
     business concerns and small manufacturers to compete 
     effectively and efficiently against foreign entities;
       ``(D) increasing the ability of small business concerns to 
     access capital;
       ``(E) disseminating information concerning Federal, State, 
     and private programs and initiatives; and
       ``(F) ensuring that the interests of small business 
     concerns are adequately represented in trade negotiations;'';
       (D) in paragraph (2), as so redesignated, by striking 
     ``mechanism for'' and all that follows through ``(D) 
     assisting'' and inserting the following: ``mechanism for--
       ``(A) identifying subsectors of the small business 
     community with strong export potential;
       ``(B) identifying areas of demand in foreign markets;
       ``(C) prescreening foreign buyers for commercial and credit 
     purposes; and
       ``(D) assisting'';
       (E) in paragraph (5)(A), as so redesignated, by striking 
     ``Gross State Produce'' and inserting ``Gross State 
     Product'';
       (F) in paragraph (6), as so redesignated, by striking the 
     period at the end and inserting a semicolon; and
       (G) in paragraph (9), as so redesignated--
       (i) in the matter preceding subparagraph (A)--

       (I) by striking ``full-time export development specialists 
     to each Administration regional office and assigning''; and
       (II) by striking ``office. Such specialists'' and inserting 
     ``office and providing each Administration regional office 
     with a full-time export development specialist, who'';

       (ii) in subparagraph (D), by striking ``and'' at the end;
       (iii) in subparagraph (E), by striking the period at the 
     end and inserting a semicolon; and
       (iv) by adding at the end the following:
       ``(F) participate, jointly with employees of the Office, in 
     an annual training program that focuses on current small 
     business needs for exporting; and
       ``(G) develop and conduct training programs for exporters 
     and lenders, in cooperation with the Export Assistance 
     Centers, the Department of Commerce, small business 
     development centers, and other relevant Federal agencies.'';
       (3) in subsection (d)--
       (A) by redesignating paragraphs (1) through (5) as clauses 
     (i) through (v), respectively, and adjusting the margins 
     accordingly;
       (B) by striking ``(d) The Office'' and inserting the 
     following:
       ``(d) Export Financing Programs.--
       ``(1) In general.--The Associate Administrator'';
       (C) by striking ``To accomplish this goal, the Office shall 
     work'' and inserting the following:
       ``(2) Trade finance specialist.--To accomplish the goal 
     established under paragraph (1), the Associate Administrator 
     shall--
       ``(A) designate at least 1 individual within the 
     Administration as a trade finance specialist to oversee 
     international loan programs and assist Administration 
     employees with trade finance issues; and
       ``(B) work'';
       (4) in subsection (e), by striking ``(e) The Office'' and 
     inserting the following:
       ``(e) Trade Remedies.--The Associate Administrator'';
       (5) by amending subsection (f) to read as follows:
       ``(f) Reporting Requirement.--The Associate Administrator 
     shall submit an annual report to the Committee on Small 
     Business and Entrepreneurship of the Senate and the Committee 
     on Small Business of the House of Representatives that 
     contains--
       ``(1) a description of the progress of the Office in 
     implementing the requirements of this section;
       ``(2) for any travel by the staff of the Office, the 
     destination of such travel and the benefits to the 
     Administration and to small business concerns resulting from 
     such travel; and
       ``(3) a description of the participation by the Office in 
     trade negotiations.'';
       (6) in subsection (g), by striking (g) The Office and 
     inserting the following:
       ``(g) Studies.--The Associate Administrator''; and
       (7) by adding after subsection (h), as addded by section 2 
     of this Act, the following:
       ``(i) Export Assistance Centers.--
       ``(1) In general.--During the period beginning on October 
     1, 2009, and ending on September 30, 2012, the Administrator 
     shall ensure that the number of full-time equivalent 
     employees of the Office assigned to the Export Assistance 
     Centers is not less than the number of such employees so 
     assigned on January 1, 2003.
       ``(2) Priority of placement.--The Administrator shall give 
     priority, to the maximum extent practicable, to placing 
     employees of the Administration at any Export Assistance 
     Center that--
       ``(A) had an Administration employee assigned to the Export 
     Assistance Center before January 2003; and
       ``(B) has not had an Administration employee assigned to 
     the Export Assistance Center during the period beginning 
     January 2003, and ending on the date of enactment of this 
     subsection, either through retirement or reassignment.
       ``(3) Needs of exporters.--The Administrator shall, to the 
     maximum extent practicable, strategically assign 
     Administration employees to Export Assistance Centers, based 
     on the needs of exporters.
       ``(4) Goals.--The Associate Administrator shall work with 
     the Department of Commerce and the Export-Import Bank to 
     establish shared annual goals for the Export Assistance 
     Centers.
       ``(5) Oversight.--The Associate Administrator shall 
     designate an individual within the Administration to oversee 
     all activities conducted by Administration employees assigned 
     to Export Assistance Centers.
       ``(j) Definitions.--In this section--
       ``(1) the term `Associate Administrator' means the 
     Associate Administrator for International Trade described in 
     subsection (a)(2);
       ``(2) the term `Export Assistance Center' means a one-stop 
     shop for United States exporters established by the United 
     States and Foreign Commercial Service of the Department of 
     Commerce pursuant to section 2301(b)(8) of the Omnibus Trade 
     and Competitiveness Act of 1988 (15 U.S.C. 4721(b)(8)); and
       ``(3) the term `Office' means the Office of International 
     Trade established under subsection (a)(1).''.
       (b) Report.--Not later than 60 days after the date of 
     enactment of this Act, the Administrator shall submit a 
     report to the Committee on Small Business and 
     Entrepreneurship of the Senate and the Committee on Small 
     Business of the House of Representatives on any travel by the 
     staff of the Office of International Trade of the 
     Administration, including the destination of such travel and 
     the benefits to the Administration and to small business 
     concerns resulting from such travel.

     SEC. 4. INTERNATIONAL TRADE LOANS.

       (a) In General.--Section 7(a)(3)(B) of the Small Business 
     Act (15 U.S.C. 636(a)(3)(B)) is

[[Page 14199]]

     amended by striking ``$1,750,000, of which not more than 
     $1,250,000'' and inserting ``$2,750,000 (or if the gross loan 
     amount would exceed $3,670,000), of which not more than 
     $2,000,000''.
       (b) Working Capital.--Section 7(a)(16)(A) of the Small 
     Business Act (15 U.S.C. 636(a)(16)(A)) is amended--
       (1) in the matter preceding clause (i), by striking ``in--
     '' and inserting ``--'';
       (2) in clause (i)--
       (A) by inserting ``in'' after ``(i)''; and
       (B) by striking ``or'' at the end;
       (3) in clause (ii)--
       (A) by inserting ``in'' after ``(ii)''; and
       (B) by striking the period at the end and inserting ``, 
     including any debt that qualifies for refinancing under any 
     other provision of this subsection; or''; and
       (4) by adding at the end the following:
       ``(iii) by providing working capital.''.
       (c) Collateral.--Section 7(a)(16)(B) of the Small Business 
     Act (15 U.S.C. 636(a)(16)(B)) is amended--
       (1) by striking ``Each loan'' and inserting the following:
       ``(i) In general.--Except as provided in clause (ii), each 
     loan''; and
       (2) by adding at the end the following:
       ``(ii) Exception.--A loan under this paragraph may be 
     secured by a second lien position on the property or 
     equipment financed by the loan or on other assets of the 
     small business concern, if the Administrator determines the 
     lien provides adequate assurance of the payment of the 
     loan.''.

     SEC. 5. SENSE OF CONGRESS RELATING TO ASSISTANT UNITED STATES 
                   TRADE REPRESENTATIVE FOR SMALL BUSINESS.

       (a) Findings.--Congress finds the following:
       (1) According to the Office of Advocacy of the Small 
     Business Administration, small business concerns (as that 
     term is defined in section 3 of the Small Business Act (15 
     U.S.C. 632)) represent 97 percent of all exporters in the 
     United States and account for 29 percent of the total 
     exporting volume. Despite the overwhelming majority of 
     exporters that are small business concerns, fewer than 1 
     percent of all small business concerns in the United States 
     are engaged in trade-related business activities.
       (2) According to the Office of Advocacy of the Small 
     Business Administration, more than 72 percent of all 
     exporters in the United States employ fewer than 20 
     employees. Small business concerns often do not have the 
     sales volume or resources to overcome the costs of trade 
     barriers and overhead expenses in international transactions, 
     nor can small business concerns afford to maintain employees 
     with international trade expertise to resolve trade problems.
       (3) Small business advocacy groups often lack political 
     influence in foreign countries, which hinders efforts to 
     solve problems outside the legal process. Small business 
     advocates are not as visible or vocal on issues relating to 
     international trade as are the advocates for other issues, 
     due to a lack of resources for advocacy.
       (4) In 1988, Congress passed section 8012 of the Omnibus 
     Trade and Competitiveness Act of 1988 (15 U.S.C. 631 note), 
     which expressed the sense of Congress that the United States 
     Trade Representative should appoint a special trade assistant 
     for small business. As of June 2009, the position has not 
     been established by the United States Trade Representative.
       (b) Sense of Congress.--It is the sense of Congress that 
     the United States Trade Representative should establish the 
     position of Assistant United States Trade Representative for 
     Small Business, to--
       (1) promote the trade interests of small business concerns;
       (2) identify and address foreign trade barriers that impede 
     the exportation of goods by small business concerns;
       (3) ensure that small business concerns are adequately 
     represented during trade negotiations by the United States 
     Trade Representative; and
       (4) coordinate with other Federal agencies that are 
     responsible for providing information or assistance to small 
     business concerns.
                                 ______
                                 
      By Mrs. FEINSTEIN (for herself, Ms. Collins, Mr. Schumer, and Mr. 
        Carper):
  S. 1200. A bill to establish a temporary vehicle trade-in program 
through which the Secretary of Transportation shall provide financial 
incentives for consumers to replace fuel inefficient vehicles with 
vehicles that have above average fuel efficiency; to the Committee on 
the Budget.
  Mrs. FEINSTEIN. Mr. President, I rise today to offer legislation to 
establish a Cash for Clunkers proposal with my colleagues, Senators 
Susan Collins, Charles Schumer, and Thomas Carper.
  This proposal would establish a Federal incentive program designed to 
encourage consumers to turn in their gas guzzling vehicles and buy more 
fuel efficient vehicles.
  It would be authorized for 1 year, and provide for one to two million 
car or truck purchases. It would be funded with up to $4 billion from 
the American Recovery and Reinvestment Act, to be identified by the 
President and approved by Congress under an expedited rescission 
procedure. There are approximately 47 million vehicles on the road 
today that could qualify for trade-in under this program.
  This proposal will help stimulate auto sales at a time when sales are 
at historic lows.
  U.S. auto sales tumbled by 37 percent from March of last year. Two of 
the three American auto companies have filed for bankruptcy, GM and 
Chrysler. Auto dealerships are closing. Tens of thousands of jobs have 
already been lost--and thousands more hang in the balance.
  There is no question that our Nation's auto industry is in trouble, 
and all of us want to help.
  But the whole point of a cash-for-clunkers program is to replace a 
clunker with a more fuel-efficient vehicle. Otherwise the program 
replaces a clunker with a guzzler, and destroys a good vehicle for one 
that is not fuel efficient.
  So, the goal of the Feinstein-Collins ``cash for clunkers'' proposal 
is to require real fuel economy improvements--improvements that are 
lacking in the Auto Industry proposal.
  Unfortunately, the Auto Industry proposal would allow for the 
scrapping of perfectly adequate vehicles in return for new gas 
guzzlers, like the 2009 Hummer H3T.
  For example: a consumer could trade the 2005 Chevy Silverado 1500 4-
wheel drive for a 2009 Hummer 3T 4-wheel drive, even though both 
vehicles are below size-adjusted CAFE standards for large pick-up 
trucks.
  So this trade would be, in fact, replacing a clunker with a guzzler. 
The consumer would receive a voucher of $4,500 to make this trade. This 
is unacceptable.
  In contrast, the Feinstein-Collins proposal that I am offering today 
would save 32 percent more than the Auto Industry proposal in oil use 
and reduced greenhouse gas emissions.
  To be specific, it would save 11,451 barrels of oil per day, versus 
8,706 barrels in the industry proposal; save 176 gallons of gas per 
vehicle per year; versus 133 gallons in the industry proposal; and save 
1.91 million metric tons of emissions per year; versus 1.45 million 
metric tons in the industry proposal.
  Our proposal is supported by a coalition of those who care about 
reducing America's consumption of fossil fuels, including: CarMax, one 
of the Nation's largest car dealers; evironmental groups, including the 
Sierra Club; efficiency advocates, including the American Council for 
an Energy Efficient Economy, ACEEE, the Alliance to Save Energy, and 
the Union of Concerned Scientists, UCS; and consumer groups, including 
the Consumer Federation of America.
  I believe the Feinstein-Collins bill is a sensible, balanced proposal 
that achieves better fuel mileage--32 percent more than the Auto 
Industry proposal--and would result in the rapid exchange of between 
one to two million vehicles.
  Let me take a moment to outline the key differences between our 
proposal and the other Auto Industry proposal.
  First, our bill would require that the newly purchased vehicles under 
this program have above-average fuel economy for their class.
  For newly purchased cars: our proposal requires the vehicle get 24 
miles per gallon, the current fleetwide average for cars. Auto proposal 
requires only 22 mpg.
  For midsize SUVs and minivans: our proposal requires 20 mpg, the 
current fleetwide average for that class of vehicles. Auto proposal 
requires only 18 mpg.
  For large pickups: our proposal requires 17 mpg, the current size 
adjusted CAFE standard for this largest class of vehicles. Auto 
proposal requires only 15 mpg.
  So, our bill is 2 miles per gallon better in every category of 
vehicle.
  Second, our proposal targets some of the worst gas guzzling offenders 
on the road.

[[Page 14200]]

  Under our proposal, the trade-in vehicle would be required to have a 
fuel economy of 17 miles per gallon or less--instead of the 18 miles 
per gallon threshold of the Auto Industry proposal. This would achieve 
greater oil savings by targeting the least efficient 47 million 
vehicles on the road today.
  Third, our proposal would allow leased vehicles and newer used cars 
to qualify, in order to encourage greater participation by low-income 
consumers.
  Our program would allow consumers who have signed three to five year 
leases to qualify for a voucher worth 50 percent of the value of a 
voucher for a new car. Last year, 18 percent of new vehicles were 
leased, so this is a sizable part of the auto marketplace and shouldn't 
be overlooked.
  In contrast, the Auto Industry proposal makes no allowance for leased 
vehicle participation with typical terms, of 3 to 5 years.
  Our proposal would also allow newer used cars like the 2007 Ford 
Escape Hybrid to be purchased through the program. 40 million used cars 
were sold in the U.S. last year--so I believe it makes sense to include 
these used cars and increase the rate of participation.
  Our proposal creates a three-tier voucher system to provide the most 
financial payment to the consumer willing to save the most oil: $2,500 
for the minimum fuel economy improvement of 7 mpg for cars and 3 mpg 
for trucks. $3,500 for a moderate fuel economy improvement of 10 mpg 
for cars, 6 mpg for mid-size SUVs, and 5 mpg for large trucks. $4,500 
for the maximum fuel economy improvement of 13 mpg for cars, 9 mpg for 
midsize SUVs, and 7 mpg for large trucks.
  So, the more you improve fuel efficiency, the more money you get.
  In contrast, the Auto Industry proposal would scrap perfectly 
adequate vehicles in return for a voucher to help put more gas guzzling 
vehicles on the road.
  In the SUV category, the Auto Industry proposal would provide 
consumers with a voucher of $3,500 to increase fuel economy from the 
traded-in vehicle to the new vehicle by only 2 mpg. For large pick-up 
trucks, it requires only a 1 mpg improvement.
  Over the last 5 years, fuel economy standards for trucks and SUVs 
have gone up 2.4 mpg--so in many cases the industry proposal would 
subsidize people for trading in their old truck or SUV for the exact 
same model.
  Let me discuss some examples: $3,500 to trade in the 2002 Jeep 
Cherokee for the 2009 Jeep Cherokee. $4,500 to trade in a 2005 four-
wheel drive Chevy Silverado for a 2009 four-wheel drive Chevy 
Silverado. $3,500 to trade in a 2003 four-wheel drive Dodge Ram Pick-up 
for a four-wheel drive Dodge Ram Pick-up. $3,500 to trade in a 2002 
Toyota 4-Runner for a 2009 Toyota 4-Runner SUV.
  The examples go on and on.
  With respect to fuel economy?
  I strongly believe that--merely 2 years after passing the Ten-in-Ten 
Fuel Economy Act--we should not subsidize the purchase of inefficient 
vehicles.
  This could have the effect of bringing down the fleetwide average 
fuel economy. In other words, it would nullify all we fought for in the 
passage of the first CAFE bill to improve fuel efficiency in 20 years.
  But that is exactly what the Auto proposal would do: 68 percent of 
all cars sold last year, in 2008, 18 percent of which have below 
average fuel economy, 24 mpg or less--would qualify for the industry 
proposal. 28 percent of below-average SUVs and small pick-ups would 
also qualify for subsidy.
  But it is in the large pick up category that the fuel economy 
threshold--15 miles per gallon--is remarkably weak under the Auto 
Industry proposal.
  Under the other program, 96 percent of all new large pick-ups--not 
work trucks, but regular large pick-ups--which are the least fuel 
efficient vehicles on the road today, would qualify for subsidized 
purchase. More than 90 percent of below average new heavy duty pick-ups 
would qualify.
  Gas guzzlers like these big pick-up trucks simply do not belong in 
this program.
  I recognize that some believe this should be the goal of the program.
  But these large pickups make up the least efficient class of all 
vehicles on the road. So, if there are 1 million more of these vehicles 
sold through this program--that would not have been sold otherwise--it 
could dramatically lower the fleetwide average fuel economy for new 
vehicles sold this year.
  That is why I believe these inefficient, big pickup trucks don't 
belong in the ``cash for clunkers'' proposal.
  In contrast, our proposal encourages the purchase of those vehicles 
that have above average fuel economy for their class.
  Finally, I would like to take a few moments to counter one of the 
arguments from the other side.
  There are those who have mistakenly claimed that this bill, which 
prioritizes fuel efficiency, would give an unfair advantage to foreign 
automakers.
  Nothing could be further from the truth.
  In fact, the American auto industry has produced some very popular 
models of more fuel efficient vehicles, and our bill would incentivize 
their purchase.
  Together, these three firms build 44 to 50 percent of all vehicle 
models that would qualify for our program's proposal in model year 
2009.
  According to EPA, in 2008, General Motors sold 1.2 million vehicles 
that would have met the higher fuel economy thresholds in our bill. And 
Ford and Chrysler sold more than 465,000 and 593,000 vehicles last 
year, respectively, that could have met the thresholds in our proposal.
  That means that there were 2.2 million fuel efficient vehicles sold 
last year--manufactured by the Big Three Auto companies--and all of 
them bought without the incentives in place.
  So, just imagine how many could be sold this year with the 
incentives.
  That is the point of this ``cash for clunkers'' bill--to encourage 
the sale of fuel efficient vehicles.
  For many models, GM, Ford and Chrysler can scale up production of 
their most fuel efficient configurations of their current models in 
their current factories.
  They can make more V-6 trucks, instead of V-8 trucks.
  They can use 6-speed automatic transmissions instead of 4-speed.
  They can make more 2 wheel-drive trucks.
  For example, Ford makes a 15 mpg version and a 17 mpg version of its 
best selling 2009 F-150. It is the same truck, from the same factory.
  This is true for all firms.
  Chrysler builds a 17 mpg configuration and a 15 mpg configuration of 
its 2009 Dodge Dakota pick-up in Warren, MI.
  GM builds 17 mpg configurations of the 2009 Chevy Silverado and the 
GMC Sierra pick-ups in Fort Wayne, IN, as well as less efficient 
configurations.
  Ford builds 17 mpg configurations of its 2009 Ford Explorer Sport 
Trac pick-up in Louisville, KY, and less efficient versions as well.
  But the difference is that our proposal would create an incentive for 
Ford, GM, and Chrysler to manufacture more of the fuel efficient, 17 
mpg models.
  Also last year, 100 percent of all large pickups and large vans sold 
that would have met the higher fuel economy thresholds in our bill were 
either built by the Detroit Three or in an American factory.
  So, I think our bill strikes a better balance.
  Contrary to what some may think, I do not believe that greater fuel 
economy and increased auto sales have to be considered as competing 
goals, but rather can be understood as complementary.
  I think it is evident that our bill would achieve better fuel 
efficiency for the consumer, and would provide a more sound investment 
for the taxpayer.
  Our program would also allow the vouchers to be used to buy used cars 
or even lease a more fuel efficient vehicle.
  These options are important, especially to lower income Americans who 
need a new car but cannot afford to buy a new vehicle. The other 
version of this legislation would deprive many Americans of the 
opportunity to participate in the program.

[[Page 14201]]

  Bottom line--we have chosen reasonable fuel economy levels that save 
more oil and help all firms, including the Detroit three, sell cars at 
a time when sales are desperately needed.
  So, I encourage my colleagues to support the Feinstein-Collins-
Schumer-Carper proposal, rather than the Auto Industry proposal.
  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. 1200

       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 ``Short Term Accelerated 
     Retirement of Inefficient Vehicles Act of 2009''.

     SEC. 2. TEMPORARY VEHICLE TRADE-IN PROGRAM.

       (a) Establishment.--There is established in the National 
     Highway Traffic Safety Administration a program, to be known 
     as the ``Cash for Clunkers Temporary Vehicle Trade-In 
     Program'', through which the Secretary, in accordance with 
     this section and the regulations promulgated under subsection 
     (d), shall--
       (1) authorize the issuance of a voucher, subject to the 
     specifications set forth in subsection (c), to offset the 
     purchase price or lease price of a fuel efficient automobile 
     upon the transfer of the certificate of title of an eligible 
     trade-in vehicle to a dealer participating in the Program;
       (2) register dealers for participation in the Program and 
     require each registered dealer to--
       (A) accept vouchers provided under this section as partial 
     payment or down payment for the purchase or lease of any fuel 
     efficient automobile offered for sale or lease by such 
     dealer; and
       (B) dispose of each eligible trade-in vehicle in accordance 
     with subsection (c)(2) after the title of such vehicle is 
     transferred to the dealer under the Program;
       (3) in consultation with the Secretary of the Treasury, 
     make payments to dealers for eligible transactions by such 
     dealers before the date that is 1 year after regulations are 
     promulgated under subsection (d), in accordance with such 
     regulations; and
       (4) in consultation with the Secretary of the Treasury and 
     the Inspector General of the Department of Transportation, 
     establish and provide for the enforcement of measures to 
     prevent and penalize fraud under the Program.
       (b) Qualifications for and Value of Vouchers.--A voucher 
     issued under the Program shall have a value that may be 
     applied to offset the purchase price or lease price of a fuel 
     efficient automobile as follows:
       (1) $1,000 value.--The voucher may be used to offset the 
     purchase price of a previously owned fuel efficient 
     automobile manufactured for model year 2004 or later, by 
     $1,000 if--
       (A) the newly purchased fuel efficient automobile is a 
     passenger automobile and the combined fuel economy value of 
     such automobile is at least 7 miles per gallon higher than 
     the combined fuel economy value of the eligible trade-in 
     vehicle;
       (B) the newly purchased fuel efficient automobile is a 
     category 1 truck and the combined fuel economy value of such 
     truck is at least 3 miles per gallon higher than the combined 
     fuel economy value of the eligible trade-in vehicle; or
       (C) the newly purchased fuel efficient automobile is a 
     category 2 truck that has a combined fuel economy value of at 
     least 17 miles per gallon and the combined fuel economy value 
     of such truck is at least 3 miles per gallon higher than the 
     combined fuel economy value of the eligible trade-in vehicle, 
     which is also a category 2 truck.
       (2) $2,500 value.--The voucher may be used to offset the 
     purchase price or lease price of the new fuel efficient 
     automobile by $2,500 if--
       (A) the new fuel efficient automobile is a passenger 
     automobile and the combined fuel economy value of such 
     automobile is at least 7 miles per gallon higher than the 
     combined fuel economy value of the eligible trade-in vehicle;
       (B) the new fuel efficient automobile is a category 1 truck 
     and the combined fuel economy value of such truck is at least 
     3 miles per gallon higher than the combined fuel economy 
     value of the eligible trade-in vehicle;
       (C) the new fuel efficient automobile is a category 2 truck 
     that has a combined fuel economy value of at least 17 miles 
     per gallon and--
       (i) the eligible trade-in vehicle is a category 2 truck and 
     the combined fuel economy value of the new fuel efficient 
     automobile is at least 3 miles per gallon higher than the 
     combined fuel economy value of the eligible trade-in vehicle; 
     or
       (ii) the eligible trade-in vehicle is a category 3 truck 
     manufactured for model year 2001 or earlier; or
       (D) the new fuel efficient automobile is a category 3 truck 
     and the eligible trade-in vehicle is a category 3 truck 
     manufactured for model year 1999 or earlier and is of similar 
     size or larger than the new fuel efficient automobile, as 
     determined in a manner prescribed by the Secretary.
       (3) $3,500 value.--The voucher may be used to offset the 
     purchase price or lease price of the new fuel efficient 
     automobile by $3,500 if--
       (A) the new fuel efficient automobile is a passenger 
     automobile and the combined fuel economy value of such 
     automobile is at least 10 miles per gallon higher than the 
     combined fuel economy value of the eligible trade-in vehicle;
       (B) the new fuel efficient automobile is a category 1 truck 
     and the combined fuel economy value of such truck is at least 
     6 miles per gallon higher than the combined fuel economy 
     value of the eligible trade-in vehicle; or
       (C) the new fuel efficient automobile is a category 2 truck 
     that has a combined fuel economy value of at least 17 miles 
     per gallon and the combined fuel economy value of such truck 
     is at least 5 miles per gallon higher than the combined fuel 
     economy value of the eligible trade-in vehicle, which is also 
     a category 2 truck.
       (4) $4,500 value.--The voucher may be used to offset the 
     purchase price or lease price of the new fuel efficient 
     automobile by $4,500 if--
       (A) the new fuel efficient automobile is a passenger 
     automobile and the combined fuel economy value of such 
     automobile is at least 13 miles per gallon higher than the 
     combined fuel economy value of the eligible trade-in vehicle;
       (B) the new fuel efficient automobile is a category 1 truck 
     and the combined fuel economy value of such truck is at least 
     9 miles per gallon higher than the combined fuel economy 
     value of the eligible trade-in vehicle; or
       (C) the new fuel efficient automobile is a category 2 truck 
     that has a combined fuel economy value of at least 17 miles 
     per gallon and the combined fuel economy value of such truck 
     is 7 miles per gallon higher than the combined fuel economy 
     value of the eligible trade-in vehicle, which is also a 
     category 2 truck.
       (c) Program Specifications.--
       (1) Limitations.--
       (A) General period of eligibility.--A voucher issued under 
     the Program may only be used for the purchase or lease of a 
     fuel efficient automobile that occurs between the date on 
     which the regulations promulgated under subsection (d) are 
     implemented and the date that is 1 year after such date.
       (B) Number of vouchers per person and per trade-in 
     vehicle.--Not more than 1 voucher may be issued for a single 
     person and not more than 1 voucher may be issued for the 
     joint registered owners of a single eligible trade-in 
     vehicle.
       (C) No combination of vouchers.--Only 1 voucher issued 
     under the Program may be applied toward the purchase or lease 
     of a single new fuel efficient automobile.
       (D) Cap on vouchers for category 3 trucks.--Not more than 
     7.5 percent of the amounts made available for the Program may 
     be used for vouchers for the purchase or qualifying lease of 
     category 3 trucks.
       (E) Combination with other incentives permitted.--The 
     availability or use of a Federal or State tax incentive or a 
     State-issued voucher for the purchase or lease of a new fuel 
     efficient automobile shall not limit the value or issuance of 
     a voucher under the Program.
       (F) No additional fees.--A dealer participating in the 
     program may not charge a person purchasing or leasing a new 
     fuel efficient automobile any additional fees associated with 
     the use of a voucher under the Program.
       (G) Number and amount.--The total number and value of 
     vouchers issued under the Program may not exceed the amounts 
     appropriated for such purpose.
       (H) Values for qualifying shorter term leases.--If a fuel 
     efficient vehicle is leased under a qualifying shorter term 
     lease, the value of the voucher issued under the Program 
     shall be 50 percent of the value otherwise applicable under 
     subsection (b).
       (2) Disposition of eligible trade-in vehicles.--
       (A) In general.--If the title of an eligible trade-in 
     vehicle is transferred to a dealer under the Program, the 
     dealer shall certify to the Secretary, in such manner as the 
     Secretary shall prescribe by rule, that such vehicle, 
     including the engine and drive train--
       (i) has been or will be crushed or shredded within such 
     period and in such manner as the Secretary prescribes, or 
     will be transferred to an entity that will ensure that the 
     vehicle will be crushed or shredded within such period and in 
     such manner as the Secretary prescribes; and
       (ii) has not been, and will not be, sold, leased, 
     exchanged, or otherwise disposed of for use as an automobile 
     in the United States or in any other country, or has been or 
     will be transferred, in such manner as the Secretary 
     prescribes, to an entity that will ensure that the vehicle 
     has not been, and will not be, sold, leased, exchanged, or 
     otherwise disposed of for use as an automobile in the United 
     States or in any other country.
       (B) Savings provision.--Nothing in subparagraph (A) may be 
     construed to preclude

[[Page 14202]]

     a person who dismantles or disposes of the vehicle from--
       (i) purchasing the disposed vehicle from a dealer for the 
     purpose of selling parts other than the engine block and 
     drive train;
       (ii) selling any parts of the disposed vehicle other than 
     the engine block and drive train, unless the engine or drive 
     train has been crushed or shredded; or
       (iii) retaining the proceeds from such sale.
       (C) Coordination.--The Secretary shall coordinate with the 
     Attorney General to ensure that the National Motor Vehicle 
     Title Information System and other publicly accessible and 
     commercially available systems are appropriately updated to 
     reflect the crushing or shredding of vehicles under this 
     section and appropriate reclassification of the vehicles' 
     titles.
       (d) Rulemaking.--Notwithstanding the requirements of 
     section 553 of title 5, United States Code, the Secretary 
     shall promulgate final regulations to implement the Program 
     not later than 30 days after the date of the enactment of 
     this Act. Such regulations shall--
       (1) provide for a means of registering dealers for 
     participation in the Program;
       (2) establish procedures for the electronic reimbursement 
     of dealers participating in the Program, within 10 days after 
     the submission to the Secretary of information supporting the 
     eligible transaction, as determined appropriate by the 
     Secretary, for the appropriate amount under subsection (c) 
     and any reasonable administrative costs incurred by the 
     dealer;
       (3) prohibit any dealer from using vouchers to offset any 
     other rebate or discount offered by that dealer or by the 
     manufacturer of the new fuel efficient automobile;
       (4) require dealers to disclose to the person trading in an 
     eligible trade-in vehicle the best estimate of the scrappage 
     value of such vehicle and to permit the dealer to retain $50 
     of any amounts paid to the dealer for scrappage of the 
     automobile as payment for any administrative costs to the 
     dealer associated with participation in the Program;
       (5) consistent with subsection (c)(2), establish 
     requirements and procedures for the disposal of eligible 
     trade-in vehicles and provide such information as may be 
     necessary to entities engaged in such disposal to ensure that 
     such vehicles are disposed of in accordance with such 
     requirements and procedures, including--
       (A) requirements for the removal and appropriate 
     disposition of refrigerants, antifreeze, lead products, 
     mercury switches, and such other toxic or hazardous vehicle 
     components prior to the crushing or shredding of an eligible 
     trade-in vehicle, in accordance with rules established by the 
     Secretary, in consultation with the Administrator of the 
     Environmental Protection Agency, and in accordance with other 
     applicable Federal and State requirements;
       (B) a mechanism for dealers to certify to the Secretary 
     that eligible trade-in vehicles are disposed of, or 
     transferred to an entity that will ensure that the vehicle is 
     disposed of, in accordance with such requirements and 
     procedures and to submit the vehicle identification numbers, 
     mileage, condition, and other appropriate information, as 
     determined by the Secretary, of the vehicles disposed of and 
     the new fuel efficient automobile purchased with each 
     voucher; and
       (C) a mechanism for obtaining such other certifications as 
     deemed necessary by the Secretary from entities engaged in 
     vehicle disposal;
       (6) establish a mechanism for dealers to determine the 
     scrappage value of the trade-in vehicle; and
       (7) provide for the enforcement of the penalties described 
     in subsection (e)(2).
       (e) Anti-Fraud Provisions.--
       (1) Violation.--It shall be unlawful for any person to 
     violate any provision under this section or any regulations 
     issued pursuant to subsection (d).
       (2) Penalties.--Any person who commits a violation 
     described in paragraph (1) shall be liable to the United 
     States Government for a civil penalty in an amount equal to 
     not more than $25,000 for each such violation.
       (f) Information to Consumers and Dealers.--
       (1) In general.--Not later than 30 days after the date of 
     the enactment of this Act, and promptly upon the update of 
     any relevant information, the Secretary shall make 
     information about the Program available through an Internet 
     Web site and through other means determined by the Secretary. 
     Such information shall include--
       (A) how to determine if a vehicle is an eligible trade-in 
     vehicle;
       (B) how to determine the scrappage value of an eligible 
     trade-in vehicle;
       (C) how to participate in the Program, including how to 
     determine participating dealers; and
       (D) a comprehensive list, by make and model, of fuel 
     efficient automobiles meeting the requirements of the 
     Program.
       (2) Public awareness campaign.--Upon completing the 
     requirements under paragraph (1), the Secretary shall conduct 
     a public awareness campaign to inform consumers about the 
     Program and the sources for additional information.
       (g) Recordkeeping and Report.--
       (1) Database.--The Secretary shall maintain a database that 
     includes--
       (A) the vehicle identification numbers of all fuel 
     efficient vehicles purchased or leased under the Program; and
       (B) the vehicle identification numbers, mileage, condition, 
     scrappage value, and other appropriate information, as 
     determined by the Secretary, of all the eligible trade-in 
     vehicles which have been disposed of under the Program.
       (2) Report.--Not later than June 30, 2010, the Secretary 
     shall submit a report to the Committee on Commerce, Science, 
     and Transportation of the Senate and the Committee on Energy 
     and Commerce of the House of Representatives that describes 
     the efficacy of the Program and includes--
       (A) a description of the results of the Program, 
     including--
       (i) the total number and amount of vouchers issued for 
     purchase or lease of new fuel efficient automobiles by 
     manufacturer (including aggregate information concerning the 
     make, model, model year) and category of automobile;
       (ii) aggregate information regarding the make, model, model 
     year, mileage, condition, and manufacturing location of 
     vehicles traded in under the Program; and
       (iii) the location of sale or lease;
       (B) an estimate of the overall increase in fuel efficiency 
     in terms of miles per gallon, total annual oil savings, and 
     total annual greenhouse gas reductions, as a result of the 
     Program; and
       (C) an estimate of the overall economic and employment 
     effects of the Program.
       (h) Rule of Construction.--For purposes of determining 
     Federal or State income tax liability or eligibility for any 
     Federal or State program that bases eligibility, in whole or 
     in part, on income, the value of any voucher issued under the 
     Program to offset the purchase price or lease price of a new 
     fuel efficient automobile shall not be considered income of 
     the person purchasing such automobile.
       (i) Definitions.--In this section:
       (1) Category 1 truck.--The term ``category 1 truck'' means 
     a nonpassenger automobile (as defined in section 32901(a)(17) 
     of title 49, United States Code) that--
       (A) has a combined fuel economy value of at least 20 miles 
     per gallon; and
       (B) is not a category 2 truck.
       (2) Category 2 truck.--The term ``category 2 truck'' means 
     a large van or a large pickup, as categorized by the 
     Secretary using the method used by the Environmental 
     Protection Agency and described in the report entitled 
     ``Light-Duty Automotive Technology and Fuel Economy Trends: 
     1975 through 2008''.
       (3) Category 3 truck.--The term ``category 3 truck'' has 
     the meaning given the term ``work truck'' in section 
     32901(a)(19) of title 49, United States Code.
       (4) Combined fuel economy value.--The term ``combined fuel 
     economy value'' means--
       (A) with respect to a new fuel efficient automobile, the 
     number, expressed in miles per gallon, centered below the 
     words ``Combined Fuel Economy'' on the label required to be 
     affixed or caused to be affixed on a new automobile pursuant 
     to subpart D of part 600 of title 40 Code of Federal 
     Regulations;
       (B) with respect to an eligible trade-in vehicle 
     manufactured after model year 1984, the equivalent number 
     determined on the fueleconomy.gov Web site of the 
     Environmental Protection Agency for the make, model, and year 
     of such vehicle; and
       (C) with respect to an eligible trade-in vehicle 
     manufactured between model years 1978 through 1984, the 
     equivalent number determined by the Secretary and posted on 
     the website of the National Highway Traffic Safety 
     Administration, using data maintained by the Environmental 
     Protection Agency for the make, model, and year of such 
     vehicle.
       (5) Dealer.--The term ``dealer'' means a person that is 
     licensed by a State and engages in the sale of automobiles to 
     ultimate purchasers.
       (6) Eligible trade-in vehicle.--The term ``eligible trade-
     in vehicle'' means an automobile or a work truck (as such 
     terms are defined in section 32901(a) of title 49, United 
     States Code) that, at the time it is presented for trade-in 
     under this section--
       (A) is in drivable condition;
       (B) has been continuously insured, consistent with State 
     law, and registered to the same owner for a period of not 
     less than 1 year immediately prior to such trade-in; and
       (C) has a combined fuel economy value of 17 miles per 
     gallon or less.
       (7) Fuel efficient automobile.--The term ``fuel efficient 
     automobile'' means a vehicle described in paragraph (1), (2), 
     (3), or (9), that was manufactured for any model year after 
     2003, and, at the time of the original sale to a consumer--
       (A) carries a manufacturer's suggested retail price of 
     $45,000 or less;
       (B) complies with the applicable air emission and related 
     requirements under the National Emission Standards Act (42 
     U.S.C. 7521 et seq.);
       (C) qualifies for listing in emission bin 1, 2, 3, 4, or 5 
     (as defined in section 86.1803-01 of title 40, Code of 
     Federal Regulations), or for work trucks the applicable 
     vehicle and engine standards found under section 86.005-10

[[Page 14203]]

     and 86.007-11 of title 40, Code of Federal Regulations; and
       (D) has a combined fuel economy value of--
       (i) 24 miles per gallon, if the vehicle is a passenger 
     automobile;
       (ii) 20 miles per gallon, if the vehicle is a category 1 
     truck; or
       (iii) 17 miles per gallon, if the vehicle is a category 2 
     truck.
       (8) New fuel efficient automobile.--The term ``new fuel 
     efficient automobile'' means a fuel efficient automobile, the 
     equitable or legal title of which has not been transferred to 
     any person other than the ultimate purchaser.
       (9) Passenger automobile.--The term ``passenger 
     automobile'' means a passenger automobile (as defined in 
     section 32901(a)(18) of title 49, United States Code) that 
     has a combined fuel economy value of at least 24 miles per 
     gallon.
       (10) Program.--The term ``Program'' means the Cash for 
     Clunkers Temporary Vehicle Trade-In Program established under 
     this section.
       (11) Qualifying lease.--The term ``qualifying lease'' means 
     a lease of an automobile for a period of not less than 5 
     years.
       (12) Qualifying shorter term lease.--The term ``qualifying 
     shorter term lease'' means a lease of an automobile for a 
     period of not less than 3 years and not more than 5 years.
       (13) Scrappage value.--The term ``scrappage value'' means 
     the amount received by the dealer for an eligible trade-in 
     vehicle upon transferring title of such vehicle to the person 
     responsible for ensuring the dismantling and destruction of 
     the vehicle.
       (14) Secretary.--The term ``Secretary'' means the Secretary 
     of Transportation, acting through the National Highway 
     Traffic Safety Administration.
       (15) Ultimate purchaser.--The term ``ultimate purchaser'' 
     means, with respect to any new automobile, the first person 
     who in good faith purchases such automobile for purposes 
     other than resale.
       (16) Vehicle identification number.--The term ``vehicle 
     identification number'' means the 17 character number used by 
     the automobile industry to identify individual automobiles.

     SEC. 3. EXPEDITED CONSIDERATION OF AMERICAN RECOVERY AND 
                   REINVESTMENT ACT RESCISSIONS.

       (a) Proposed Rescission of Discretionary Budget 
     Authority.--The President may propose, at the time and in the 
     manner provided in subsection (b), the rescission of any 
     discretionary budget authority provided under the American 
     Recovery and Reinvestment Act (Public Law 111-5).
       (b) Transmittal of Special Message.--(1) Not later than 15 
     days after the date of the enactment of this Act, the 
     President may--
       (A) transmit to Congress a special message proposing to 
     rescind amounts of discretionary budget authority provided in 
     the American Recovery and Reinvestment Act; and
       (B) include with the special message described in 
     subparagraph (A) a draft bill or joint resolution that, if 
     enacted, would only rescind that discretionary budget 
     authority.
       (2) If an Act includes accounts within the jurisdiction of 
     more than 1 subcommittee of the Committee on Appropriations, 
     the President, in proposing to rescind discretionary budget 
     authority under this section, shall send a separate special 
     message and accompanying draft bill or joint resolution for 
     accounts within the jurisdiction of each such subcommittee.
       (3) Each special message transmitted to Congress under this 
     subsection shall specify, with respect to the discretionary 
     budget authority proposed to be rescinded--
       (A) the amount of budget authority proposed to be rescinded 
     or which is to be so reserved;
       (B) any account, department, or establishment of the 
     Government to which such budget authority is available for 
     obligation, and the specific project or governmental 
     functions involved;
       (C) the reasons why the budget authority should be 
     rescinded or is to be so reserved;
       (D) to the maximum extent practicable, the estimated 
     fiscal, economic, and budgetary effect of the proposed 
     rescission or of the reservation; and
       (E) all facts, circumstances, and considerations relating 
     to or bearing upon the proposed rescission or the reservation 
     and the decision to effect the proposed rescission or the 
     reservation, and to the maximum extent practicable, the 
     estimated effect of the proposed rescission or the 
     reservation upon the objects, purposes, and programs for 
     which the budget authority is provided.
       (c) Limitation on Amounts Subject to Rescission.--The 
     amount of discretionary budget authority the President may 
     propose to rescind in a special message under this section 
     for a particular program, project, or activity may not exceed 
     $4,000,000,000.
       (d) Procedures for Expedited Consideration.--(1)(A) Before 
     the close of the second day of continuous session of the 
     applicable House of Congress after the date of receipt of a 
     special message transmitted to Congress under subsection (b), 
     the majority leader or minority leader of the House of 
     Congress in which the Act involved originated shall introduce 
     (by request) the draft bill or joint resolution accompanying 
     that special message. If the bill or joint resolution is not 
     introduced by the third day of continuous session of that 
     House after the date of receipt of that special message, any 
     Member of that House may introduce the bill or joint 
     resolution.
       (B) A bill or joint resolution introduced pursuant to 
     subparagraph (A) shall be referred to the Committee on 
     Appropriations of the House in which it is introduced. The 
     bill or joint resolution shall be voted on not later than the 
     seventh day of continuous session of that House after the 
     date of receipt of that special message. If the Committee on 
     Appropriations fails to vote on the bill or joint resolution 
     within that period, that committee shall be automatically 
     discharged from consideration of the bill or joint 
     resolution, and the bill or joint resolution shall be placed 
     on the appropriate calendar.
       (C) A vote on final passage of a bill or joint resolution 
     introduced pursuant to subparagraph (A) shall be taken in 
     that House on or before the close of the 10th calendar day of 
     continuous session of that House after the date of the 
     introduction of the bill or joint resolution in that House, 
     except in cases in which the Committee on Appropriations has 
     considered and voted against discharging the bill or joint 
     resolution for further consideration. If the bill or joint 
     resolution is agreed to, the Clerk of the House of 
     Representatives (in the case of a bill or joint resolution 
     agreed to in the House of Representatives) or the Secretary 
     of the Senate (in the case of a bill or joint resolution 
     agreed to in the Senate) shall cause the bill or joint 
     resolution to be engrossed, certified, and transmitted to the 
     other House of Congress on the same calendar day on which the 
     bill or joint resolution is agreed to.
       (2)(A) A bill or joint resolution transmitted to the Senate 
     or the House of Representatives pursuant to paragraph (1)(C) 
     shall be referred to the Committee on Appropriations of that 
     House. The bill or joint resolution shall be voted on not 
     later than the seventh day of continuous session of that 
     House after it receives the bill or joint resolution. A 
     committee failing to vote on the bill or joint resolution 
     within such period shall be automatically discharged from 
     consideration of the bill or joint resolution, and the bill 
     or joint resolution shall be placed upon the appropriate 
     calendar.
       (B) A vote on final passage of a bill or joint resolution 
     transmitted to that House shall be taken on or before the 
     close of the 10th calendar day of continuous session of that 
     House after the date on which the bill or joint resolution is 
     transmitted, except in cases in which the Committee on 
     Appropriations has considered and voted against discharging 
     the bill or joint resolution for further consideration. If 
     the bill or joint resolution is agreed to in that House, the 
     Clerk of the House of Representatives (in the case of a bill 
     or joint resolution agreed to in the House of 
     Representatives) or the Secretary of the Senate (in the case 
     of a bill or joint resolution agreed to in the Senate) shall 
     cause the engrossed bill or joint resolution to be returned 
     to the House in which the bill or joint resolution 
     originated.
       (3)(A) A motion in the House of Representatives to proceed 
     to the consideration of a bill or joint resolution under this 
     section shall be highly privileged and not debatable. An 
     amendment to the motion and a motion to reconsider the vote 
     by which the motion is agreed to or disagreed to shall not be 
     in order.
       (B) Debate in the House of Representatives on a bill or 
     joint resolution under this section shall not exceed 4 hours, 
     which shall be divided equally between those favoring and 
     those opposing the bill or joint resolution. A motion further 
     to limit debate shall not be debatable. It shall not be in 
     order to move to recommit a bill or joint resolution under 
     this section or to move to reconsider the vote by which the 
     bill or joint resolution is agreed to or disagreed to.
       (C) Appeals from decisions of the Chair relating to the 
     application of the Rules of the House of Representatives to 
     the procedure relating to a bill or joint resolution under 
     this section shall be decided without debate.
       (D) Except to the extent specifically provided in the 
     preceding provisions of this subsection, consideration of a 
     bill or joint resolution under this section shall be governed 
     by the Rules of the House of Representatives.
       (4)(A) A motion in the Senate to proceed to the 
     consideration of a bill or joint resolution under this 
     section shall be privileged and not debatable. An amendment 
     to the motion and a motion to reconsider the vote by which 
     the motion is agreed to or disagreed to shall not be in 
     order.
       (B) Debate in the Senate on a bill or joint resolution 
     under this section, and all debatable motions and appeals in 
     connection to such bill or joint resolution, shall not exceed 
     10 hours. The time shall be equally divided between, and 
     controlled by, the majority leader and the minority leader or 
     their designees.
       (C) Debate in the Senate on any debatable motion or appeal 
     in connection with a bill or joint resolution under this 
     section shall be limited to not more than 1 hour, to be 
     equally divided between, and controlled by, the mover and the 
     manager of the bill or joint resolution, except that in the 
     event the manager of the bill or joint resolution is in favor

[[Page 14204]]

     of any such motion or appeal, the time in opposition to such 
     motion or appeal shall be controlled by the minority leader 
     or his designee. Either such leader may, from time under 
     their control on the passage of a bill or joint resolution, 
     allot additional time to any Senator during the consideration 
     of any debatable motion or appeal.
       (D) A motion in the Senate to further limit debate on a 
     bill or joint resolution under this section is not debatable. 
     A motion to recommit a bill or joint resolution under this 
     section is not in order.
       (e) Amendments Prohibited.--No amendment to a bill or joint 
     resolution considered under this section shall be in order in 
     the Senate or the House of Representatives. No motion to 
     suspend the application of this subsection shall be in order 
     in either House, nor shall it be in order in either House to 
     suspend the application of this subsection by unanimous 
     consent.
       (f) Requirement To Make Available for Obligation.--Any 
     amount of discretionary budget authority proposed to be 
     rescinded in a special message transmitted to Congress under 
     subsection (b) shall be made available for obligation on the 
     day after the date on which either House defeats the bill or 
     joint resolution transmitted with that special message.
       (g) Definitions.--For purposes of this section--
       (1) continuity of a session of either House of Congress 
     shall be considered as broken only by an adjournment of that 
     House sine die, and the days on which that House is not in 
     session because of an adjournment of more than 3 days to a 
     date certain shall be excluded in the computation of any 
     period; and
       (2) the term ``discretionary budget authority'' means the 
     dollar amount of discretionary budget authority and 
     obligation limitations--
       (A) specified in the American Recovery and Reinvestment Act 
     (Public Law 111-5), or the dollar amount of budget authority 
     required to be allocated by a specific proviso in an 
     appropriation law for which a specific dollar figure was not 
     included;
       (B) represented separately in any table, chart, or 
     explanatory text included in the statement of managers or the 
     governing committee report accompanying such law;
       (C) required to be allocated for a specific program, 
     project, or activity in a law (other than an appropriation 
     law) that mandates obligations from or within accounts, 
     programs, projects, or activities for which budget authority 
     or an obligation limitation is provided in an appropriation 
     law;
       (D) represented by the product of the estimated procurement 
     cost and the total quantity of items specified in an 
     appropriation law or included in the statement of managers or 
     the governing committee report accompanying such law; or
       (E) represented by the product of the estimated procurement 
     cost and the total quantity of items required to be provided 
     in a law (other than an appropriation law) that mandates 
     obligations from accounts, programs, projects, or activities 
     for which dollar amount of discretionary budget authority or 
     an obligation limitation is provided in an appropriation law.
       (h) Conforming Amendment.--Section 1014(e)(1) of the 
     Congressional Budget and Impoundment Control Act of 1974 (2 
     U.S.C. 685(e)(1)) is amended--
       (1) in subparagraphs (A) and (B), by striking ``he'' each 
     place such term appears and inserting ``the President'';
       (2) in subparagraph (A), by striking ``and'' at the end;
       (3) by redesignating subparagraph (B) as subparagraph (C); 
     and
       (4) by inserting after subparagraph (A) the following:
       ``(B) the President has transmitted a special message under 
     section 3 of the Short Term Accelerated Retirement of 
     Inefficient Vehicles Act of 2009 with respect to a proposed 
     rescission; and''.

     SEC. 4. SUNSET PROVISION.

       Section 3 shall be repealed on the date on which 
     regulations are promulgated under section 2(d).
                                 ______
                                 
      By Mr. BINGAMAN (for himself, Mr. Begich, and Ms. Stabenow):
  S. 1201. A bill to amend title XVIII of the Social Security Act to 
include costs incurred by the Indian Health Service, a Federally 
qualified health center, an AIDS drug assistance program, certain 
hospitals, or a pharmaceutical manufacturer patient assistance program 
in providing prescription drugs toward the annual out of pocket 
threshold under part D of the Medicare program; to the Committee on 
Finance.
  Mr. BINGAMAN. Mr. President, I rise along with Senators Begich and 
Stabenow today to introduce important legislation that will ensure that 
low-income seniors have full access to the benefits available to them 
under the Medicare Drug Benefit. Helping Fill the Medicare Rx Gap Act 
of 2009 will ensure that low-income seniors and other low-income 
beneficiaries do not get caught in the Medicare Part D coverage gap, or 
``doughnut hole,'' simply because of where they choose to purchase 
their Part D pharmaceuticals.
  Under current regulation and guidance, individuals who are in the 
doughnut hole and receive Part D drugs from commercial pharmacies are 
permitted to count waivers or reductions in Part D cost-sharing to 
count towards their true out of pocket expenses, TrOOP. However, low-
income individuals who may receive Part D drugs from safety-net 
pharmacies and other safety-net providers are not permitted to count 
similar waivers or reductions in Part D cost-sharing by safety-net 
providers towards their TrOOP. Thus, current law penalizes low-income 
individuals and makes it easier for them to get stuck in the doughnut 
hole--never accessing the catastrophic coverage to which they are 
entitled.
  My legislation would undo this inequity and permit waivers and 
reductions for beneficiaries receiving care from safety-net providers 
to count towards beneficiaries' TrOOP. Specifically, the legislation 
will count waivers and reductions by certain safety-net hospitals and 
pharmacies, Federally Qualified Health Centers, AIDS Drug Assistance 
Programs, Pharmacy Assistance Programs and the Indian Health Service 
toward TrOOP.
  I would like to express my gratitude for the assistance of several 
key senior citizen advocates in crafting this legislation, including: 
Howard Bedlin from the National Council on Aging, Lena O'Rourke and 
Marc Steinberg from Families USA, Patricia Nemore and Vicki Gottlich 
from the Center for Medicare Advocacy and Paul Precht and Rachel 
Shiffrin, from the Medicare Rights Center.
  I urge my colleagues to join me in supporting this important piece of 
legislation, which will ensure that life saving pharmaceuticals are 
available to low-income Americans.
  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. 1201

       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 ``Helping Fill the Medicare Rx 
     Gap Act of 2009''.

     SEC. 2. INCLUDING COSTS INCURRED BY THE INDIAN HEALTH 
                   SERVICE, A FEDERALLY QUALIFIED HEALTH CENTER, 
                   AN AIDS DRUG ASSISTANCE PROGRAM, CERTAIN 
                   HOSPITALS, OR A PHARMACEUTICAL MANUFACTURER 
                   PATIENT ASSISTANCE PROGRAM IN PROVIDING 
                   PRESCRIPTION DRUGS TOWARD THE ANNUAL OUT OF 
                   POCKET THRESHOLD UNDER PART D.

       (a) In General.--Section 1860D-2(b)(4)(C) of the Social 
     Security Act (42 U.S.C. 1395w-102(b)(4)(C)) is amended--
       (1) in clause (i), by striking ``and'' at the end;
       (2) in clause (ii)--
       (A) by striking ``such costs shall be treated as incurred 
     only if'' and inserting ``subject to clause (iii), such costs 
     shall be treated as incurred if'';
       (B) by striking ``, under section 1860D-14, or under a 
     State Pharmaceutical Assistance Program'';
       (C) by striking ``(other than under such section or such a 
     Program)''; and
       (D) by striking the period at the end and inserting ``; 
     and''; and
       (3) by inserting after clause (ii) the following new 
     clause:
       ``(iii) such costs shall be treated as incurred and shall 
     not be considered to be reimbursed under clause (ii) if such 
     costs are borne or paid--

       ``(I) under section 1860D-14;
       ``(II) under a State Pharmaceutical Assistance Program;
       ``(III) by the Indian Health Service, an Indian tribe or 
     tribal organization, or an urban Indian organization (as 
     defined in section 4 of the Indian Health Care Improvement 
     Act);
       ``(IV) by a Federally qualified health center (as defined 
     in section 1861(aa)(4));
       ``(V) under an AIDS Drug Assistance Program under part B of 
     title XXVI of the Public Health Service Act;
       ``(VI) by a subsection (d) hospital (as defined in section 
     1886(d)(1)(B)) that meets the requirements of clauses (i) and 
     (ii) of section 340B(a)(4)(L) of the Public Health Service 
     Act; or
       ``(VII) by a pharmaceutical manufacturer patient assistance 
     program, either directly or through the distribution or 
     donation of covered part D drugs, which shall be valued at 
     the negotiated price of such covered part

[[Page 14205]]

     D drug under the enrollee's prescription drug plan or MA-PD 
     plan as of the date that the drug was distributed or 
     donated.''.

       (b) Effective Date.--The amendments made by subsection (a) 
     shall apply to costs incurred on or after January 1, 2010.
                                 ______
                                 
      By Mr. BAUCUS (for himself, Mr. Hatch, Mr. Kerry, Mrs. Lincoln, 
        Mr. Wyden, Mr. Schumer, Ms. Cantwell, Mr. Menendez, Mr. Ensign, 
        and Mr. Cornyn):
  S. 1203. A bill to amend the Internal Revenue Code of 1986 to extend 
the research credit through 2010 and to increase and make permanent the 
alternative simplified research credit, and for other purposes; to the 
Committee on Finance.
  Mr. BAUCUS, Mr. President, I am introducing this bill with Senator 
Hatch and others to move America forward in the 21st Century.
  In 2005, the last year for which we have IRS data, over eleven 
thousand C-corporations claimed the research tax credit. Approximately 
70 percent of qualifying expenses are wages. This credit encourages 
American businesses to keep jobs here.
  These jobs are good paying jobs. And when the research is performed 
in the U.S., then the intangible property stays in this country. And we 
get to enjoy the fruits of the labor. We need to keep the research jobs 
here. We cannot lose these jobs. We must make the research and 
development credit permanent and do everything we can to keep these 
research jobs here.
  The Grow Research Opportunities with Taxcredit's Help Act of 2009 
improves and simplifies the credit for applied research in section 41 
of the tax code. This credit has grown to be overly complex, both for 
taxpayers and the IRS. Beginning in 2009, the bill would ramp up the 
simpler credit for qualifying research expenses that exceed 50 percent 
of the average expenses for the prior 3 years. This alternative 
simplified credit increases from 14 percent to 20 percent in 2009.
  Second, the bill allows taxpayers to claim the traditional credit in 
2009 and 2010. This gives the traditional credit companies time to 
adjust their accounting and effectively shift to the alternative 
simplified credit. For tax years beginning after 2010, the alternative 
simplified credit will be the only tax credit for qualifying research 
expenses.
  The main complaint about the traditional credit is that it is very 
complex, particularly the reference to the 20-year-old base period. 
This base period creates problems for the taxpayer in trying to 
calculate the credit. It creates problems for the IRS in trying to 
administer and audit those claims.
  The alternative simplified credit focuses only on expenses, not gross 
receipts. It is still an incremental credit, so that companies must 
continue to increase research spending over time.
  A tax credit is a cost-effective way to promote research and 
development. A report by the Congressional Research Service finds that 
without government support, investment in research and development 
would fall short of the socially optimal amount. Thus CRS endorses 
Government policies to boost private sector research and development.
  We are competing in a global economy, and we need to promote research 
in this country. This bill will pave the way to a robust research and 
development incentive so that we can continue to lead the way in new 
technologies and domestic job growth.
                                 ______
                                 
      By Mr. INHOFE (for himself and Mr. Coburn):
  S. 1205. A bill to exempt guides for hire and other operators of 
uninspected vessels on Lake Texoma from Coast Guard and other 
regulations, and for other purposes; to the Committee on Commerce, 
Science, and Transportation.
  Mr. INHOFE. Mr. President, today I introduced legislation that will 
exempt fishing guides and other operators of uninspected vessels on 
Lake Texoma from Coast Guard regulation. After weeks of discussion with 
the Coast Guard and thoughtful consideration, many in the Oklahoma 
delegation have decided that this is the course of action that will 
best protect an industry that is extremely important to the people of 
southern Oklahoma.
  While the waters on Lake Texoma are considered ``navigable'' and 
currently subject to Federal regulation, this is inherently a state 
function and should be regulated at that level. This legislation will 
cede authority to conduct the licensing of fishing guides to the proper 
governing entity, which is the State of Oklahoma and not the Federal 
Government. I applaud Congressman Boren for introducing companion 
legislation in the House of Representatives, and thank Senator Coburn 
for his cosponsorship of this measure.
  At the end of the day this is about two things: preserving the 
fishing guide industry and, most importantly, ensuring safety on Lake 
Texoma. The State of Oklahoma is better positioned to accomplish both. 
The Coast Guard has not had an active presence at the lake until 
recently, whereas the State of Oklahoma's Department of Public Safety 
has a long history of ensuring safe boating activity there. Day in and 
day out, the State of Oklahoma will be better able to provide for the 
safety of individuals at the lake. Federal interference in the daily 
lives of Oklahomans is ever-increasing, and I believe it is important 
that we preserve state jurisdiction over activities such as this. This 
legislation accomplishes that.
  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. 1205

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. EXEMPTION OF FISHING GUIDES AND OTHER OPERATORS OF 
                   UNINSPECTED VESSELS ON LAKE TEXOMA FROM COAST 
                   GUARD AND OTHER REGULATIONS.

       (a) Exemption.--
       (1) Exemption of state licensees from coast guard 
     regulation.--Residents or non-residents who assist, 
     accompany, transport, guide, or aid persons in the taking of 
     fish for monetary compensation or other consideration on Lake 
     Texoma who are licensed by the State in which they are 
     operating shall not be subject to any requirement established 
     or administered by the Coast Guard with respect to that 
     operation.
       (2) Exemption of coast guard licensees from state 
     regulation.--Residents or non-residents who assist, 
     accompany, transport, guide, or aid persons in the taking of 
     fish for monetary compensation or other consideration on Lake 
     Texoma who are currently licensed by the Coast Guard to 
     conduct such activities shall not be subject to State 
     regulation for as long as the Coast Guard license for such 
     activities remains valid.
       (b) State Requirements Not Affected.--Except as provided in 
     subsection (a)(2), this section does not affect any 
     requirement under State law or under any license issued under 
     State law.

     SEC. 2. WAIVER OF BIOMETRIC TRANSPORTATION SECURITY CARD 
                   REQUIREMENT FOR CERTAIN SMALL BUSINESS MERCHANT 
                   MARINERS.

       Section 70105(b)(2) of title 46, United States Code, is 
     amended--
       (1) in subparagraph (B), by inserting ``and serving under 
     the authority of such license, certificate of registry, or 
     merchant mariners document on a vessel for which the owner or 
     operator of such vessel is required to submit a vessel 
     security plan under section 70103(c) of this title'' before 
     the semicolon;
       (2) by striking subparagraph (D); and
       (3) by redesignating subparagraphs (E), (F), and (G) as 
     subparagraphs (D), (E), and (F), respectively.
                                 ______
                                 
      By Mr. BROWN (for himself, Mr. Dodd, and Mr. Casey):
  S. 1206. A bill to establish and carry out a pediatric specialty loan 
repayment program; to the Committee on Health, Education, Labor, and 
Pensions.
  Mr. BROWN. Mr. President, as Congress moves toward enacting ground-
breaking health reform legislation, it is imperative that we pay close 
attention to the unique developmental needs of children and ensure that 
we are doing everything possible to meet their growing needs.
  Meeting the health care needs of our nation's 80 million infants, 
children, and adolescents requires a stable and strong pediatrician 
workforce, comprised of well-trained pediatricians, pediatric medical 
subspecialists, pediatric surgical specialists, and psychiatric 
subspecialists.

[[Page 14206]]

  However, a November 2007 report released by the Maternal and Child 
Health Bureau's, MCHB, Federal Expert Work Group on Pediatric 
Subspecialty Capacity concluded that the lack of access to pediatric 
subspecialty care has reached crisis proportions and that the ratio of 
pediatric subspecialists and pediatric surgical specialists to children 
who need care is hazardously low.
  The MCHB panel concluded that the lack of access to pediatric 
subspecialty care is due to several factors, including an insufficient 
number of pediatric subspecialists, dramatically increased demand for 
pediatric subspecialty care, a fragmented system of pediatric primary 
and specialty care, and inadequate financing of medical education.
  In the U.S. there are approximately 28,000 pediatric medical 
subspecialists and surgical specialists responsible for caring for over 
80 million children. This is simply not enough.
  At a time when we are seeing aging workforce populations and 
decreasing numbers of physicians being trained in pediatric 
subspecialties, the demand for pediatric subspecialty care has reached 
unprecedented levels. In the last 10 years, our Nation's children have 
experienced dramatic increases in the incidence and prevalence of 
conditions such as asthma, diabetes, depression, obesity, and increased 
demand for surgical correction of congenital heart disease and 
orthopedic anomalies.
  The repercussions of this workforce shortage were enumerated during a 
hearing that I chaired on May 14th in the Committee on Health, 
Education, Labor, and Pensions.
  During that hearing, we were honored to hear the testimony of Dr. 
Marsha Raulerson, a practicing pediatrician in Brewton, AL. During her 
testimony, Dr. Raulerson explained how pediatric subspecialist 
shortages have a life-or-death impact in both rural and urban 
communities. She emphasized the need to develop initiatives to recruit 
medical students and residents into specific pediatric disciplines and 
to underserved geographic regions.
  That is why I am introducing the Pediatric Workforce Investment Act. 
This legislation would help address pediatric workforce shortages, 
particularly in medically underserved communities, by creating a 
pediatric specialty loan repayment program to encourage physicians to 
train and provide pediatric subspecialty care in areas desperately in 
need.
  To improve access to needed medical care for our children, the 
shortage of pediatric subspecialists must be addressed. Creating a loan 
repayment program to help defray costs and incentivize care in 
underserved communities is a good first step.
  I would like to thank Senators Dodd and Casey for being original 
cosponsors of this legislation and for being such strong advocates for 
children's health issues.
                                 ______
                                 
      By Mr. WARNER:
  S. 1207. A bill to authorize the Secretary of the Interior to study 
the suitability and feasibility designating the National D-Day Memorial 
in Bedford, Virginia, as a unit of the National Park System; to the 
Committee on Energy and Natural Resources.
  Mr. WARNER. Mr. President, last month, we honored an American hero, 
Elisha ``Ray'' Nance of Bedford, VA, who passed away at the age of 94. 
Mr. Nance was the last surviving member of what has come to be known as 
``The Bedford Boys''--members of Company A, 116th Infantry, 29th 
Division.
  For those who do not know the story, Mr. Nance was among 38 National 
Guardsmen from the close-knit community of Bedford who were called to 
active service in World War II. On June 6, 1944, 35 young men of 
Bedford's Company A were in the first wave to hit ``Omaha Beach'' at 
Normandy. Nineteen young men from Bedford died in the opening battle 
during the early morning of June 6, and two more Bedford boys died a 
few days later in the ensuing Normandy campaign.
  ``We Bedford boys,'' Nance recalled, ``competed to be in the first 
wave. We wanted to be there. We wanted to be the first on the beach,'' 
he would write as he recovered from his own severe wounds. The loss of 
21 of the 35 soldiers from that small community of 3,200 people 
designated Bedford as the town that suffered the highest proportional 
losses on D-Day.
  On Saturday, we marked the 65th anniversary of the Allied invasion at 
Normandy. And as we reflect upon all that was lost on Omaha Beach--and, 
ultimately, all that was gained as Allied forces successfully liberated 
Europe during World War II--it is appropriate to reflect for a moment 
on the heart-wrenching sacrifice made by this small town in the Blue 
Ridge Mountains of central Virginia.
  In 1996, Congress designated Bedford as the most appropriate spot for 
the National D-Day Memorial. The Memorial, built upon a mixture of sand 
from Omaha Beach and farm dirt from central Virginia, and dedicated by 
then-President George W. Bush on June 6, 2001, and it now stands as a 
striking tribute to the valor, fidelity, and sacrifice of the Allied 
forces on D-Day. The historical events surrounding the Normandy landing 
provide the broad context for the story the Memorial attempts to tell, 
but the National D-Day Memorial is not about war: it is about service 
to our nation--the duties of citizenship--and subjugating oneself for a 
greater good. In short, it is about the character and patriotism we 
find in all of our small communities across America.
  The Memorial has attracted over one million visitors since it opened 
in 2001, with over 50 percent visiting from out of state, and more than 
10,000 students participate in the D-Day Memorial's educational 
programs each year.
  However, expenses run just over $2 million each year, and the 
Memorial takes in less than $600,000 a year in admission fees and 
gifts. Recently, the non-profit foundation that operates the Memorial 
announced it does not have adequate resources to remain open through 
the end of the year. We must take action now, or we risk losing an 
important landmark that pays tribute to the unbelievable sacrifices our 
young men and their families during that fateful landing.
  Therefore, I am introducing this legislation that would authorize the 
Secretary of the Interior to study the suitability and feasibility of 
designating the National D-Day Memorial in Bedford, Virginia, as a unit 
of the National Park System. This proposal is cosponsored by my 
esteemed Virginia colleague, Senator Webb.
  I urge you to support this measure, which would protect and preserve 
this important monument to our D-Day veterans and their families and 
future generations of Americans.
                                 ______
                                 
      By Ms. SNOWE:
  S. 1208. A bill to amend the Small Business Act to improve export 
growth opportunities for small businesses, and for other purposes; to 
the Committee on Small Business and Entrepreneurship.
  Ms. SNOWE. Mr. President, I rise today to introduce the Small 
Business Export Opportunity Act of 2009, a measure that would provide 
improved and expanded support for small businesses, through critical 
programs and reforms, to help them compete globally and export their 
goods and services to foreign markets.
  As Ranking Member of the Senate Committee on Small Business and 
Entrepreneurship, and as a senior member of both the Senate Finance and 
Commerce Committees, one of my top priorities is to ensure that small 
businesses get the promised benefits of our international trade 
relationships and are able to compete in the world economy.
  While globalization has created opportunities for small businesses to 
sell their goods and services in new markets, not enough small 
businesses are taking advantage of these international opportunities. 
In fact, according to the U.S. Department of Commerce, only 266,457 of 
the approximately 27 million small businesses, or less than 1 percent, 
currently sell their products to foreign buyers. Small businesses are a 
vital source of economic growth and job creation, generating 
approximately 75 percent of net new jobs each year. Small businesses 
are essential to our economic recovery, and we must help them take 
advantage of all

[[Page 14207]]

potential opportunities, including those in foreign markets.
  Small businesses face particular challenges in exporting. It can be 
difficult for small exporting firms to secure the working capital 
needed to fulfill foreign purchase orders, for instance, because many 
lenders will not lend against export orders or export receivables. 
Small business owners may not know how to connect with foreign buyers, 
or may not have the time or resources necessary to understand other 
countries' rules and regulations.
  Currently, Federal programs are grossly inadequate at helping small 
businesses overcome the challenges of exporting. This legislation gives 
small businesses the resources and assistance needed to explore 
potential export opportunities, or to expand their current export 
business.
  The bill includes provisions I have supported for many years, during 
my tenure as both Chair and Ranking Member of the Senate Small Business 
Committee. For instance, I first introduced legislation in 2001, in the 
107th Congress, to establish a U.S. Trade Representative for Small 
Business, in order to ensure that small business interests are 
reflected in U.S. trade policy and trade agreement negotiations. The 
legislation I am introducing today includes this vital provision.
  The legislation also includes provisions from bills I have introduced 
in past Congresses, since the 109th, to elevate the head of the Small 
Business Administration, SBA, office responsible for trade and export 
programs to the Associate administrator-level, reporting directly to 
the administrator. It also includes provisions requiring that the SBA 
immediately fill its trade specialist positions that have been vacant 
for years.
  The Small Business Export Opportunity Act of 2009 would also bolster 
the SBA's technical assistance programs, and will improve export 
financing programs so that small businesses have access to capital 
needed to support export sales. Furthermore, the legislation increases 
the coordination among other federal agencies--the Department of 
Commerce, the Office of the U.S. Trade Representative, and the Export-
Import Bank--to ensure that small businesses benefit from all the 
export assistance the Federal Government offers.
  The legislation also provides small businesses with matching grants, 
of up to $5,000, for expenses relating to activities that help them 
start or expand export activity. It creates a new Office of Small 
Business Development and Promotion at the SBA, and it improves the 
SBA's network of international trade counselors. This legislation 
increases the maximum size of SBA-guaranteed export working capital and 
international trade loans, and it establishes a permanent Export 
Express program. It also establishes a program to provide support for 
small businesses related to trade disputes and unfair international 
trade practices.
  Small businesses can survive, diversify, and compete effectively in 
the international marketplace by developing an export business. But, as 
I mentioned, too few small businesses are expanding into international 
markets. This legislation will help small business owners take the 
crucial steps of finding international buyers for their goods and 
services and will enable small business owners to secure the financing 
needed to fill orders from foreign buyers.
  This investment could yield tremendous returns for our economy. The 
U.S. spends just \1/6\ of the international average among developed 
countries in promoting small businesses exports. Every additional 
dollar spent on export promotion results in a 40-fold increase in 
exports, according to a World Bank study.
  We cannot overlook the impact of trade on small businesses. An 
investment in small business exporting assistance is an investment in 
our economy. This legislation will help small businesses stay 
competitive, help them grow, and speed the recovery of our economy as a 
whole. I ask all of my Senate colleagues to support this vital 
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. 1208

       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 ``Small Business Export 
     Opportunity Development Act of 2009''.

     SEC. 2. DEFINITIONS.

       In this Act--
       (1) the terms ``Administration'' and ``Administrator'' mean 
     the Small Business Administration and the Administrator 
     thereof, respectively;
       (2) the term ``Export Assistance Center'' means a one-stop 
     shop referred to in section 2301(b)(8) of the Omnibus Trade 
     and Competitiveness Act of 1988 (15 U.S.C. 4721(b)(8));
       (3) the term ``export loan programs'' means the programs of 
     the Administration under paragraphs (14) and (16) of section 
     7(a) of the Small Business Act (15 U.S.C. 636(a)) and section 
     22 of that Act (15 U.S.C. 649), as amended by this Act; and
       (4) the term ``small business concern'' has the same 
     meaning as in section 3 of the Small Business Act (15 U.S.C. 
     632).

     SEC. 3. OFFICE OF SMALL BUSINESS EXPORT DEVELOPMENT AND 
                   PROMOTION.

       (a) Office of Small Business Export Development and 
     Promotion.--Section 22 of the Small Business Act (15 U.S.C. 
     649) is amended to read as follows:

     ``SEC. 22. OFFICE OF SMALL BUSINESS EXPORT DEVELOPMENT AND 
                   PROMOTION.

       ``(a) Definitions.--In this section--
       ``(1) the term `accredited export assistance program' means 
     a program--
       ``(A) that provides counseling and assistance relating to 
     exporting to small business concerns; and
       ``(B) in which not less than 20 percent of the technical 
     assistance staff members are certified in providing export 
     assistance under subsection (g)(2);
       ``(2) the term `Associate Administrator' means the 
     Associate Administrator for Export Development and Promotion;
       ``(3) the term `Export Assistance Center' means a one-stop 
     shop referred to in section 2301(b)(8) of the Omnibus Trade 
     and Competitiveness Act of 1988 (15 U.S.C. 4721(b)(8));
       ``(4) the term `export development officer' means an 
     individual described in subsection (d)(8);
       ``(5) the term `Office' means the Office of Export 
     Promotion and Development established under subsection 
     (b)(1); and
       ``(6) the term `Service Corps of Retired Executives' means 
     the Service Corps of Retired Executives authorized by section 
     8(b)(1).
       ``(b) Office Established.--
       ``(1) Establishment.--There is established within the 
     Administration an Office of Export Promotion and Development, 
     which shall carry out the programs under this section.
       ``(2) Associate administrator.--The head of the Office 
     shall be the Associate Administrator for Export Development 
     and Promotion, who shall report directly to the 
     Administrator.
       ``(c) Duties of Office.--The Associate Administrator, 
     working in close cooperation with the Department of Commerce, 
     the United States Trade Representative, the Export-Import 
     Bank, other relevant Federal agencies, small business 
     development centers, regional and district offices of the 
     Administration, the small business community, and relevant 
     State and local export promotion programs, shall--
       ``(1) maintain a distribution network for export promotion, 
     export finance, trade adjustment, trade remedy assistance, 
     and export data collection programs through use of the 
     regional and district offices of the Administration, the 
     small business development center network, the network of 
     women's business centers, chapters of the Service Corps of 
     Retired Executives, and Export Assistance Centers;
       ``(2) aggressively market the programs described in 
     paragraph (1) and disseminate information, including 
     computerized marketing data, to the small business community 
     on exporting trends, market-specific growth, industry trends, 
     and international prospects for exports;
       ``(3) promote export assistance programs through the 
     district and regional offices of the Administration, the 
     small business development center network, Export Assistance 
     Centers, the network of women's business centers, chapters of 
     the Service Corps of Retired Executives, State and local 
     export promotion programs, and partnerships with people in 
     the private sector; and
       ``(4) give preference in hiring or approving the transfer 
     of any employee into the Office or to an export development 
     officer position to otherwise qualified applicants who are 
     fluent in a language in addition to English, who shall--
       ``(A) accompany foreign trade missions, if designated by 
     the Associate Administrator; and
       ``(B) be available as needed to translate documents, 
     interpret conversations, and facilitate multilingual 
     transactions, including

[[Page 14208]]

     providing referral lists for translation services, if 
     required.
       ``(d) Promotion of Sales Opportunities.--The Associate 
     Administrator shall promote sales opportunities for small 
     business goods and services abroad by--
       ``(1) in cooperation with the Department of Commerce, other 
     relevant agencies, regional and district offices of the 
     Administration, the small business development center 
     network, and State programs, developing a mechanism for--
       ``(A) identifying sub-sectors of the small business 
     community with strong export potential;
       ``(B) identifying areas of demand in foreign markets;
       ``(C) prescreening foreign buyers for commercial and credit 
     purposes; and
       ``(D) assisting in increasing international marketing by 
     disseminating relevant information regarding market leads, 
     linking potential sellers and buyers, and catalyzing the 
     formation of joint ventures, where appropriate;
       ``(2) in cooperation with the Department of Commerce, 
     actively assisting small business concerns in forming and 
     using export trading companies, export management companies 
     and research and development pools authorized under section 9 
     of this Act;
       ``(3) working in conjunction with other Federal agencies, 
     regional and district offices of the Administration, the 
     small business development center network, and the private 
     sector to identify and publicize translation services, 
     including those available through colleges and universities 
     participating in the small business development center 
     program;
       ``(4) working closely with the Department of Commerce and 
     other relevant Federal agencies to--
       ``(A) collect, analyze, and periodically update relevant 
     data regarding the small business share of United States 
     exports and the nature of State exports (including the 
     production of Gross State Product figures) and disseminate 
     that data to the public and to Congress;
       ``(B) make recommendations to the Secretary of Commerce and 
     to Congress regarding revision of the North American Industry 
     Classification System codes to encompass industries currently 
     overlooked and to create North American Industry 
     Classification System codes for export trading companies and 
     export management companies;
       ``(C) improve the utility and accessibility of export 
     promotion programs for small business concerns; and
       ``(D) increase the accessibility of the Export Trading 
     Company contact facilitation service;
       ``(5) making available to the small business community 
     information regarding conferences on exporting and 
     international trade sponsored by the public and private 
     sector;
       ``(6) providing small business concerns with access to up 
     to date and complete export information by--
       ``(A) making available at the district offices of the 
     Administration, through cooperation with the Department of 
     Commerce, export information, including the worldwide 
     information and trade system and world trade data reports;
       ``(B) maintaining a list of financial institutions that 
     finance export operations;
       ``(C) maintaining a directory of all Federal, regional, 
     State and private sector programs that provide export 
     information and assistance to small business concerns; and
       ``(D) preparing and publishing such reports as it 
     determines to be necessary concerning market conditions, 
     sources of financing, export promotion programs, and other 
     information pertaining to the needs of small business export 
     firms so as to insure that the maximum information is made 
     available to small business concerns in a readily usable 
     form;
       ``(7) encouraging, in cooperation with the Department of 
     Commerce, greater small business participation in trade 
     fairs, shows, missions, and other domestic and overseas 
     export development activities of the Department of Commerce; 
     and
       ``(8) facilitating decentralized delivery of export 
     information and assistance to small businesses by assigning 
     primary responsibility for export development to one 
     individual in each district office, who shall--
       ``(A) assist small business concerns in obtaining export 
     information and assistance from other Federal departments and 
     agencies;
       ``(B) maintain a directory of all programs which provide 
     export information and assistance to small business concerns 
     in the region;
       ``(C) encourage financial institutions to develop and 
     expand programs for export financing;
       ``(D) provide advice to personnel of the Administration 
     involved in making loans, loan guarantees, and extensions and 
     revolving lines of credit, and providing other forms of 
     assistance to small business concerns engaged in exports; and
       ``(E) not later than 120 days after the date on which the 
     person is appointed as an export development officer, and not 
     less frequently than once each year thereafter, participate 
     in training programs designed by the Administrator, in 
     conjunction with the Department of Commerce and other Federal 
     departments and agencies, to study export programs and to 
     examine the needs of small business concerns for export 
     information and assistance;
       ``(9) carrying out a nationwide marketing effort to promote 
     exporting as a business development opportunity for small 
     business concerns that uses technology, online resources, 
     training, and other strategies;
       ``(10) disseminating information to the small business 
     community through regional and district offices of the 
     Administration, the small business development center 
     network, Export Assistance Centers, the network of women's 
     business centers, chapters of the Service Corps of Retired 
     Executives, State and local export promotion programs, and 
     partners in the private sector regarding exporting trends, 
     market-specific growth, industry trends, and prospects for 
     exporting;
       ``(11) establishing and carrying out training programs for 
     the staff of the district offices of the Administration and 
     resource partners of the Administration on export promotion 
     and providing assistance relating to exports.
       ``(e) Export Finance Specialist Program.--
       ``(1) Export finance specialist program.--The Associate 
     Administrator shall work in cooperation with the Export-
     Import Bank of the United States, the Department of Commerce, 
     other relevant Federal agencies, and the States to develop a 
     program through which export finance specialists in the 
     district offices of the Administration, regional and local 
     loan officers, and small business development center 
     personnel can facilitate the access of small business 
     concerns to relevant export financing programs of the Export-
     Import Bank of the United States and to export and pre-export 
     financing programs available from the Administration and the 
     private sector.
       ``(2) Program activities.--To carry out paragraph (1), the 
     Associate Administrator shall work in cooperation with the 
     Export-Import Bank of the United States and the small 
     business community, including small business trade 
     associations, to--
       ``(A) aggressively market Administration export financing 
     and pre-export financing programs;
       ``(B) identify financing available under various programs 
     of the Export-Import Bank of the United States, and 
     aggressively market those programs to small business 
     concerns;
       ``(C) assist in the development of financial intermediaries 
     and facilitate the access of those intermediaries to 
     financing programs;
       ``(D) promote greater participation by private financial 
     institutions, particularly those institutions already 
     participating in loan programs under this Act, in export 
     finance; and
       ``(E) provide for the participation of appropriate 
     Administration personnel in training programs conducted by 
     the Export-Import Bank of the United States.
       ``(f) Counseling for Small Business Concerns.--The 
     Associate Administrator shall--
       ``(1) work in cooperation with other Federal agencies and 
     the private sector to counsel small business concerns with 
     respect to initiating and participating in any proceedings 
     relating to the administration of the United States trade 
     laws; and
       ``(2) work with the Department of Commerce, the Office of 
     the United States Trade Representative, and the International 
     Trade Commission to increase access to trade remedy 
     proceedings for small business concerns.
       ``(g) Export Assistance Programs.--
       ``(1) In general.--The Associate Administrator shall 
     require, as part of the agreement under section 21, that each 
     small business development center has an accredited export 
     assistance program.
       ``(2) Certification.--The Associate Administrator shall 
     certify technical assistance staff members of small business 
     development centers in providing export assistance, in 
     accordance with such criteria as the Associate Administrator 
     may establish.
       ``(3) Training.--The Associate Administrator shall provide 
     training relating to export assistance programs at the annual 
     conference of small business development centers.
       ``(4) Report.--The Associate Administrator shall submit an 
     annual report to Congress that includes--
       ``(A) the number of small business concerns assisted by 
     accredited export assistance programs;
       ``(B) the export revenue generated by small business 
     concerns assisted by accredited export assistance programs; 
     and
       ``(C) an estimate of the number of jobs created or retained 
     because of assistance provided by accredited export 
     assistance programs.
       ``(h) Export Assistance Officer.--The Associate 
     Administrator shall--
       ``(1) assign an export assistance officer with training in 
     export assistance and marketing to each district office of 
     the Administration, who shall--
       ``(A) conduct training and information sessions for small 
     business concerns interested in exporting; and
       ``(B) conduct outreach to small business concerns with the 
     potential to export; and

[[Page 14209]]

       ``(2) provide annual training for export assistance 
     officers.
       ``(i) Export Development Grant Program.--
       ``(1) Definitions.--In this subsection--
       ``(A) the term `eligible small-business concern' means a 
     small-business concern--
       ``(i) that--

       ``(I) has been in business for not less than 1 year;
       ``(II) has profitable domestic sales;
       ``(III) has demonstrated understanding of the costs 
     associated with exporting and doing business with foreign 
     purchasers, including the costs of freight forwarding, 
     customs brokers, packing and shipping, as determined by the 
     Administrator; and
       ``(IV) has in place a strategic plan for exporting;

       ``(ii) an employee of which has completed an accredited 
     export assistance program; and
       ``(iii) that agrees to provide to the Associate 
     Administrator such information and documentation as is 
     necessary for the Associate Administrator to determine that 
     the small-business concern is in compliance with the internal 
     revenue laws of the United States;
       ``(B) the term `export initiative' includes--
       ``(i) participation in a trade mission;
       ``(ii) a foreign market sales trip;
       ``(iii) a subscription to services provided by the 
     Department of Commerce;
       ``(iv) the payment of website translation fees;
       ``(v) the design of international marketing media;
       ``(vi) a trade show exhibition; and
       ``(vii) participation in training workshops; and
       ``(C) the term `small-business concern' has the same 
     meaning as in section 103 of the Small Business Investment 
     Act of 1958 (15 U.S.C. 662).
       ``(2) Grant program.--The Associate Administrator shall 
     establish an export development grant program, under which 
     the Associate Administrator may make grants to eligible 
     small-business concerns to enhance the capability of the 
     eligible small-business concerns to be globally competitive, 
     increase business internationally, and increase export sales.
       ``(3) Application.--An eligible small-business concern that 
     desires a grant under this subsection shall submit to the 
     Associate Administrator at such time and in such manner as 
     the Associate Administrator shall prescribe an application 
     that identifies not less than 1 specific, achievable export 
     initiative that the eligible small-business concern will 
     carry out using a grant under this subsection.
       ``(4) Amount.--A grant under this subsection may not exceed 
     $5,000.
       ``(5) Matching funds.--The Federal share of the cost of an 
     export initiative carried out with a grant under this 
     subsection shall be not more than 50 percent. The non-Federal 
     share of the cost of an activity carried out with a grant 
     under this subsection may be in kind or in cash.
       ``(6) Information and documentation.--An eligible small-
     business concern that receives a grant under this subsection 
     shall provide to the Associate Administrator--
       ``(A) receipts for all expenditures made with the grant; 
     and
       ``(B) information relating to any export sales resulting 
     from the grant.
       ``(7) Authorization of appropriations.--There are 
     authorized to be appropriated to carry out this section 
     $25,000,000 for fiscal year 2010 and each fiscal year 
     thereafter.
       ``(j) Performance Measures.--
       ``(1) In general.--The Associate Administrator shall 
     develop performance measures for the Administration to 
     support export growth goals for the activities of the Office 
     under this section that include--
       ``(A) the number of small business concerns that--
       ``(i) receive assistance from the Administration;
       ``(ii) had not exported goods or services before receiving 
     the assistance described in clause (i); and
       ``(iii) export goods or services;
       ``(B) the number of small business concerns receiving 
     assistance from the Administration that export goods or 
     services to a market outside the United States into which the 
     small business concern did not export before receiving the 
     assistance;
       ``(C) export revenues by small business concerns assisted 
     by programs of the Administration;
       ``(D) the number of small business concerns referred to an 
     Export Assistance Center or a small business development 
     center by the staff of the Office; and
       ``(E) the number of small business concerns referred to the 
     Administration by an Export Assistance Center or a small 
     business development center.
       ``(2) Consistency of tracking.--The Associate 
     Administrator, in coordination with the departments and 
     agencies that are represented on the Trade Promotion 
     Coordinating Committee established under section 2312 of the 
     Export Enhancement Act of 1988 (15 U.S.C. 4727) and the small 
     business development center network, shall develop a system 
     to track exports by small business concerns, including 
     information relating to the performance measures described in 
     paragraph (1), that is consistent with systems used by the 
     departments and agencies and the network.
       ``(3) Reports.--The Associate Administrator shall submit an 
     annual report to the Committee on Small Business and 
     Entrepreneurship of the Senate and the Committee on Small 
     Business of the House of Representatives that includes--
       ``(A) a detailed account of the information relating to the 
     performance measures described in paragraph (1); and
       ``(B) a description of the export assistance and services 
     provided to small business concerns by the Administration.
       ``(k) Report.--The Associate Administrator shall submit an 
     annual report to the Committee on Small Business and 
     Entrepreneurship of the Senate and the Committee on Small 
     Business of the House of Representatives on the progress of 
     the Administration in implementing the requirements under 
     this section.
       ``(l) Discharge of Administration Export Promotion 
     Responsibilities.--The Administrator shall ensure that--
       ``(1) the responsibilities of the Administration regarding 
     international trade and exporting are carried out through the 
     Associate Administrator;
       ``(2) the Associate Administrator has sufficient resources 
     to carry out such responsibilities; and
       ``(3) the Associate Administrator has direct supervision 
     and control over the staff of the Office, and over any 
     employee of the Administration whose principal duty station 
     is an Export Assistance Center or any successor entity.''.
       (b) Export Development Officers.--
       (1) Appointment.--Not later than 90 days after the date of 
     enactment of this Act, the Administrator shall ensure that 
     export development officers are assigned to each district 
     office of the Administration, in accordance with section 
     22(d)(8) of the Small Business Act, as amended by this 
     section.
       (2) Definition.--In this subsection, the term ``export 
     development officer'' has the meaning given that term in 
     section 22 of the Small Business Act (15 U.S.C. 649), as 
     amended by this Act.
       (c) Export Assistance Centers.--
       (1) Vacant positions.--Not later than 90 days after the 
     date of enactment of this Act, the Administrator shall ensure 
     that the number of full-time equivalent employees of the 
     Office of Export Development and Promotion assigned to the 
     Export Assistance Centers is not less than the number of such 
     employees so assigned on January 1, 2003.
       (2) Export development officers.--Not later than 2 years 
     after the date of enactment of this Act, the Administrator, 
     in coordination with the Secretary of Commerce, shall ensure 
     that export finance specialists are assigned to not fewer 
     than 40 Export Assistance Centers.
       (3) Study.--Not later than 6 months after the date of 
     enactment of this Act, the Associate Administrator for Export 
     Development and Promotion shall carry out a nationwide study 
     to evaluate where additional export finance specialists are 
     needed.
       (4) Definition.--In this subsection, the term ``export 
     finance specialist'' means an export finance specialist 
     described in section 22(e)(1) of the Small Business Act (15 
     U.S.C. 649(e)(1)), as amended by this section.
       (d) Appointment of Associate Administrator.--Not later than 
     90 days after the date of enactment of this Act, the 
     Administrator shall appoint an Associate Administrator for 
     Export Development and Promotion under section 22 of the 
     Small Business Act (15 U.S.C. 649), as amended by this 
     section.
       (e) Technical and Conforming Amendments.--
       (1) Number of associate administrators.--Section 4(b)(1) of 
     the Small Business Act (15 U.S.C. 633(b)(1)) is amended--
       (A) in the fifth sentence, by striking ``five''; and
       (B) by adding at the end the following: ``One of the 
     Associate Administrators shall be the Associate Administrator 
     for Export Development and Promotion, who shall be the head 
     of the Office of Export Development and Promotion established 
     under section 22.''.
       (2) Role of associate administrator in carrying out 
     international trade and export policy.--Section 2(b)(1) of 
     the Small Business Act (15 U.S.C. 631(b)(1)) is amended in 
     the matter preceding subparagraph (A) by inserting ``through 
     the Associate Administrator for Export Development and 
     Promotion of'' before ``the Small Business Administration''.

     SEC. 4. EXPORT FINANCE PROGRAMS.

       (a) Export Working Capital Program.--Section 7(a) of the 
     Small Business Act (15 U.S.C. 636(a)) is amended--
       (1) in paragraph (2)(D), by striking ``not exceed'' and 
     inserting ``be''; and
       (2) in paragraph (14)--
       (A) by striking ``(A) The Administration'' and inserting 
     the following: ``Export working capital program.--
       ``(A) In general.--The Administrator'';
       (B) by striking ``(B) When considering'' and inserting the 
     following:
       ``(C) Considerations.--When considering'';
       (C) by striking ``(C) The Administration'' and inserting 
     the following:

[[Page 14210]]

       ``(D) Marketing.--The Administrator''; and
       (D) by inserting after subparagraph (A) the following:
       ``(B) Terms.--
       ``(i) Loan amount.--The Administrator may not guarantee a 
     loan under this paragraph of more than $5,000,000.
       ``(ii) Fees.--

       ``(I) In general.--For a loan under this paragraph, the 
     Administrator shall collect the fee assessed under paragraph 
     (23) not more frequently than once each year.
       ``(II) Untapped credit.--The Administrator may not assess a 
     fee on capital that is not accessed by the small business 
     concern.''.

       (b) Participation in Preferred Lenders Program.--Section 
     7(a)(2)(C) of the Small Business Act (15 U.S.C. 636(a)(2)(C)) 
     is amended--
       (1) by redesignating clause (ii) as clause (iii); and
       (2) by inserting after clause (i) the following:
       ``(ii) Export-import bank lenders.--Any lender that is 
     participating in the Delegated Authority Lender Program of 
     the Export-Import Bank of the United States (or any successor 
     to the Program) shall be eligible to participate in the 
     Preferred Lenders Program.''.
       (c) Export Express Program.--Section 7(a) of the Small 
     Business Act (15 U.S.C. 636(a)) is amended--
       (1) by striking ``(32) Increased veteran'' and inserting 
     ``(33) Increased veteran''; and
       (2) by adding at the end the following:
       ``(34) Export express program.--
       ``(A) Definitions.--In this paragraph--
       ``(i) the term `export development activity' includes--

       ``(I) obtaining a standby letter of credit when required as 
     a bid bond, performance bond, or advance payment guarantee;
       ``(II) participation in a trade show that takes place 
     outside the United States;
       ``(III) translation of product brochures or catalogues for 
     use in markets outside the United States;
       ``(IV) obtaining a general line of credit for export 
     purposes;
       ``(V) performing a service contract from buyers located 
     outside the United States;
       ``(VI) obtaining transaction-specific financing associated 
     with completing export orders;
       ``(VII) purchasing real estate or equipment to be used in 
     the production of goods or services for export;
       ``(VIII) providing term loans or other financing to enable 
     a small business concern, including an export trading company 
     and an export management company, to develop a market outside 
     the United States; and
       ``(IX) acquiring, constructing, renovating, modernizing, 
     improving, or expanding a production facility or equipment to 
     be used in the United States in the production of goods or 
     services for export; and

       ``(ii) the term `express loan' means a loan in which a 
     lender uses to the maximum extent practicable the loan 
     analyses, procedures, and documentation of the lender to 
     provide expedited processing of the loan application.
       ``(B) Authority.--The Administrator may guarantee the 
     timely payment of an express loan to a small business concern 
     made for an export development activity.
       ``(C) Level of participation.--
       ``(i) Maximum amount.--The maximum amount of an express 
     loan guaranteed under this paragraph shall be $500,000.
       ``(ii) Percentage.--For an express loan guaranteed under 
     this paragraph, the Administrator shall guarantee--

       ``(I) 90 percent of a loan that is not more than $350,000; 
     and
       ``(II) 75 percent of a loan that is more than $350,000 and 
     not more than $500,000.''.

       (d) International Trade Loans.--Section 7(a) of the Small 
     Business Act (15 U.S.C. 636(a)) is amended--
       (1) in paragraph (3)(B), by striking ``$1,750,000, of which 
     not more than $1,250,000'' and inserting ``$5,000,000, of 
     which not more than $4,000,000''; and
       (2) in paragraph (16)--
       (A) in subparagraph (B), by striking ``a first lien 
     position'' and all that follows and inserting ``such 
     collateral as is determined adequate by the Administrator.'';
       (B) in subparagraph (D), by striking clauses (i) and (ii) 
     and inserting the following:
       ``(i) is confronting--

       ``(I) increased competition with foreign firms in the 
     relevant market; or
       ``(II) an unfair trade practice by a foreign firm, 
     particularly intellectual property violations; and

       ``(ii) is injured by the competition or unfair trade 
     practice.''; and
       (C) by adding at the end the following:
       ``(F) Guarantee.--For a loan guaranteed under this 
     paragraph, the Administrator shall guarantee 90 percent of 
     the loan.
       ``(G) Definition.--In this paragraph, the term `small 
     business concern' has the meaning given the term `small-
     business concern' in section 103 of the Small Business 
     Investment Act of 1958 (15 U.S.C. 662).''.
       (e) Technical and Conforming Amendments.--Section 7 of the 
     Small Business Act (15 U.S.C. 636) is amended--
       (1) in subsection (a)--
       (A) in paragraph (2)(A), in the matter preceding clause 
     (i), by inserting ``or (D) of this paragraph or in paragraph 
     (16) or (34)'' after ``in subparagraph (B)''; and
       (B) in paragraph (3), in the matter preceding subparagraph 
     (A), by striking ``No'' and inserting ``Except as provided in 
     paragraph (14)(B), no''; and
       (2) in subsection (c)--
       (A) in paragraph (1)--
       (i) in subparagraph (D), by striking ``Lender'' and 
     inserting ``Lenders'';
       (ii) in subparagraph (E)--

       (I) by striking ``Lender'' and inserting ``Lenders''; and
       (II) by striking ``subsection (a)(2)(C)(ii)'' and inserting 
     ``subsection (a)(2)(C)(iii)''; and

       (B) in paragraph (7)(B)(ii), by striking ``Lender'' and 
     inserting ``Lenders''.

     SEC. 5. MARKETING OF EXPORT LOANS.

       The Administrator shall make efforts to expand the network 
     of lenders participating in the export loan programs, 
     including by--
       (1) conducting outreach to regional and community lenders 
     through the staff of the Administration assigned to Export 
     Assistance Centers or to district offices of the 
     Administration;
       (2) developing a lender training program regarding the 
     export loan programs for employees of lenders;
       (3) simplifying and streamlining the application, 
     processing, and reporting processes for the export loan 
     programs; and
       (4) establishing online, paperless processing and 
     application submission for the export loan programs.

     SEC. 6. SMALL BUSINESS TRADE POLICY.

       (a) Assistant United States Trade Representative for Small 
     Business.--Section 141(c) of the Trade Act of 1974 (19 U.S.C. 
     2171(c)) is amended--
       (1) by adding at the end the following:
       ``(6)(A) There is established within the Office the 
     position of Assistant United States Trade Representative for 
     Small Business, who shall be appointed by the United States 
     Trade Representative.
       ``(B) The Assistant United States Trade Representative for 
     Small Business shall--
       ``(i) promote the trade interests of small-business 
     concerns (as that term is defined in section 103 of the Small 
     Business Investment Act of 1958 (15 U.S.C. 662));
       ``(ii) advocate for the reduction of foreign trade barriers 
     with regard to the trade issues of small-business concerns 
     that are exporters;
       ``(iii) collaborate with the Administrator of the Small 
     Business Administration with regard to the trade issues of 
     small-business concern trade issues;
       ``(iv) assist the United States Trade Representative in 
     developing trade policies that increase opportunities for 
     small-business concerns in foreign and domestic markets, 
     including polices that reduce trade barriers for small-
     business concerns; and
       ``(v) perform such other duties as the United States Trade 
     Representative may direct.''; and
       (2) by moving paragraph (5) 2 ems to the left.
       (b) Trade Promotion Coordinating Committee.--
       (1) Detailee.--Section 2312 of the Export Enhancement Act 
     of 1988 (15 U.S.C. 4727) is amended by adding at the end the 
     following:
       ``(g) Small Business Administration.--The Administrator of 
     the Small Business Administration shall detail an employee of 
     the Small Business Administration having expertise in export 
     promotion to the TPCC to encourage the TPCC to--
       ``(1) collaborate with the Small Business Administration 
     with regard to trade promotion efforts; and
       ``(2) consider the interests of small-business concerns (as 
     that term is defined in section 103 of the Small Business 
     Investment Act of 1958 (15 U.S.C. 662)) in the development of 
     trade promotion policies and programs.''.
       (2) National export strategy.--Section 2312 of the Export 
     Enhancement Act of 1988 (15 U.S.C. 4727) is amended--
       (A) in subsection (c)--
       (i) in paragraph (5), by striking ``and'' at the end;
       (ii) in paragraph (6), by striking the period at the end 
     and inserting ``; and''; and
       (iii) by adding at the end the following:
       ``(7) include an export strategy for small-business 
     concerns (as that term is defined in section 103 of the Small 
     Business Investment Act of 1958 (15 U.S.C. 662)), which 
     shall--
       ``(A) be developed by the Administrator of the Small 
     Business Administration; and
       ``(B) include strategies to--
       ``(i) increase export opportunities for small-business 
     concerns;
       ``(ii) protect small-business concerns from unfair trade 
     practices, including intellectual property violations;
       ``(iii) assist small-business concerns with international 
     regulatory compliance requirements;
       ``(iv) coordinate policy and program efforts throughout the 
     United States with the TPCC, the Department of Commerce, and 
     the Export Import Bank of the United States.''; and
       (B) in subsection (f), in paragraph (1), by inserting 
     ``(including implementation of the export strategy for small 
     business concerns

[[Page 14211]]

     described in paragraph (7) of that subsection)'' after ``the 
     implementation of such plan''.
       (c) Recommendations on Trade Agreements.--
       (1) Notification by ustr.--Not later than 90 days before 
     the United States Trade Representative begins a negotiation 
     with regard to any trade agreement, the United States Trade 
     Representative shall notify the Administrator of the date the 
     negotiation will begin.
       (2) Recommendations.--Not later than 30 days before the 
     United States Trade Representative begins a negotiation with 
     regard to any trade agreement, the Administrator shall 
     present to the United States Trade Representative 
     recommendations relating to the needs and concerns of small 
     business concerns that are exporters.
       (d) Trade Disputes.--The Administrator shall carry out a 
     comprehensive program to provide technical assistance, 
     counseling, and reference materials to small business 
     concerns relating to resources, procedures, and requirements 
     for mechanisms to resolve international trade disputes or 
     address unfair international trade practices under 
     international trade agreements or Federal law, including--
       (1) directing the district offices of the Administration to 
     provide referrals, information, and other services to small 
     business concerns relating to the mechanisms;
       (2) entering agreements and partnerships with providers of 
     legal services relating to the mechanisms, to ensure small 
     business concerns may affordably use the mechanisms; and
       (3) in consultation with the Director of the United States 
     Patent and Trademark Office and the Register of Copyrights, 
     designing counseling services and materials for small 
     business concerns regarding intellectual property protection 
     in other countries.
                                 ______
                                 
      By Mr. KAUFMAN (for himself and Mr. Brown):
  S. 1210. A bill to establish a committee under the National Science 
and Technology Council with the responsibility to coordinate science, 
technology, engineering, and mathematics education activities and 
programs of all Federal agencies, and for other purposes; to the 
Committee on Commerce, Science, and Transportation.
  Mr. KAUFMAN. Mr. President, today I am introducing with Senator 
Brown, the STEM Education Coordination Act of 2009. This bill addresses 
what we call STEM education--science, technology, engineering, and 
mathematics--which is critical for our competitiveness in the years and 
generations to come.
  This bill is nearly identical to the version of H.R. 1709 reported by 
the House Committees on Science and Technology and on Education and 
Labor and which may be approved by the House of Representatives as 
early as today. It is quite a simple proposal. It would require 
coordination of Federal STEM education activities.
  We can all agree that STEM education is crucial to our future. 
Technological innovation accounts for more than half of the growth of 
our economy since the Second World War. The discoveries and innovations 
of our STEM professionals create whole new opportunities, new 
industries, new companies, new products and services, and new ways of 
delivering old products and services efficiently. To build a clean 
energy economy, to stay competitive in a globalizing world, to drive 
the health and science research that will improve our quality of life, 
we need more people trained in these skills. All too often, though, we 
are lagging behind other nations in producing these scientists and 
engineers.
  Our ability to keep our lead in technology, which has defined 
American economic strength for generations, is deteriorating. The need 
for more STEM education and also particularly to reach women and 
underrepresented minorities is well recognized. The Congress has acted 
in recent years to support legislation such as the America COMPETES Act 
that broadens our competitiveness efforts beyond simply STEM education.
  But there is also a concern that we are not using our current STEM 
education resources as efficiently and effectively as we could. As 
noted in the House Science Committee report:

       For the most part, agencies have developed their programs 
     independently rather than sharing ``best practices'' and 
     collaborating across agencies. Each program has also 
     developed its own methods and criteria for evaluation, making 
     a comparison of effectiveness across the programs impossible.

  To get the most out of our efforts, this bill would require 
coordination of Federal STEM education activities. It would direct the 
Office of Science and Technology Policy to establish a committee under 
the National Science and Technology Council that is responsible for 
coordinating Federal science, technology, engineering, and math 
education programs and activities. These include Federal programs of 
the National Science Foundation, the Department of Energy, the National 
Aeronautics and Space Administration, the National Oceanic and 
Atmospheric Administration, the Department of Education, and others. 
This newly formed committee will have three main responsibilities.
  First, the committee will coordinate the Federal STEM education 
activities and programs.
  Second, the committee will develop, implement, and update a 5-year 
STEM education achievement plan, including objectives and metrics so we 
can assess how well we are doing.
  Third, the committee will maintain an inventory of federally 
sponsored STEM education programs and activities, including rates of 
participation by underrepresented minorities.
  So that the Congress can make use of this information to advance our 
STEM education efforts, this bill will require an annual report that 
includes: One, a description of STEM education programs and activities; 
two, the level of funding for the programs and activities for each 
participating Federal agency; three, a description of the progress made 
in carrying out the implementation of the plan; and, four, a 
description of how participating Federal agencies disseminate 
information about available STEM education resources to States and 
practitioners.
  This coordination is among the ideas suggested by then-Senator Obama 
in a bill he offered in the 110th Congress, S. 3047.
  In sum, this bill will do just what its title suggests: coordinate 
our STEM educational activities. We not only have a duty to this Nation 
to make sure Federal dollars are spent as efficiently and effectively 
as possible, but it is also critical to our economy that we succeed in 
fostering a workforce that can out-discover, out-think, out-innovate, 
and out-produce our worldwide competition.
  This legislation will help us reach these goals. In a world 
increasingly dominated by technology, I believe our economy, our 
environment, and our future depend on improving STEM education.
  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. 1210

       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 ``STEM Education Coordination 
     Act of 2009''.

     SEC. 2. DEFINITION.

       In this Act, the term ``STEM'' means science, technology, 
     engineering, and mathematics.

     SEC. 3. COORDINATION OF FEDERAL STEM EDUCATION.

       (a) Establishment.--The Director of the Office of Science 
     and Technology Policy shall establish a committee under the 
     National Science and Technology Council with the 
     responsibility to coordinate Federal programs and activities 
     in support of STEM education, including at the National 
     Science Foundation, the Department of Energy, the National 
     Aeronautics and Space Administration, the National Oceanic 
     and Atmospheric Administration, the Department of Education, 
     and all other Federal agencies that have programs and 
     activities in support of STEM education.
       (b) Responsibilities.--The committee established under 
     subsection (a) shall--
       (1) coordinate the STEM education activities and programs 
     of the Federal agencies;
       (2) develop, implement through the participating agencies, 
     and update once every 5 years a 5-year STEM education 
     strategic plan, which shall--
       (A) specify and prioritize annual and long-term objectives;
       (B) specify the common metrics that will be used to assess 
     progress toward achieving the objectives;
       (C) describe the approaches that will be taken by each 
     participating agency to assess the effectiveness of its STEM 
     education programs and activities; and

[[Page 14212]]

       (D) with respect to subparagraph (A), describe the role of 
     each agency in supporting programs and activities designed to 
     achieve the objectives; and
       (3) establish, periodically update, and maintain an 
     inventory of federally sponsored STEM education programs and 
     activities, including documentation of assessments of the 
     effectiveness of such programs and activities and rates of 
     participation by women, underrepresented minorities, and 
     persons in rural areas in such programs and activities.
       (c) Responsibilities of OSTP.--The Director of the Office 
     of Science and Technology Policy shall encourage and monitor 
     the efforts of the participating agencies to ensure that the 
     strategic plan under subsection (b)(2) is developed and 
     executed effectively and that the objectives of the strategic 
     plan are met.
       (d) Report.--The Director of the Office of Science and 
     Technology Policy shall transmit a report annually to 
     Congress at the time of the President's budget request 
     describing the plan required under subsection (b)(2). The 
     annual report shall include--
       (1) a description of the STEM education programs and 
     activities for the previous and current fiscal years, and the 
     proposed programs and activities under the President's budget 
     request, of each participating Federal agency;
       (2) the levels of funding for each participating Federal 
     agency for the programs and activities described under 
     paragraph (1) for the previous fiscal year and under the 
     President's budget request;
       (3) except for the initial annual report, a description of 
     the progress made in carrying out the implementation plan, 
     including a description of the outcome of any program 
     assessments completed in the previous year, and any changes 
     made to that plan since the previous annual report; and
       (4) a description of how the participating Federal agencies 
     will disseminate information about federally supported 
     resources for STEM education practitioners, including teacher 
     professional development programs, to States and to STEM 
     education practitioners, including to teachers and 
     administrators in schools that meet the criteria described in 
     subsection (c)(1) (A) and (B) of section 3175 of the 
     Department of Energy Science Education Enhancement Act (42 
     U.S.C. 7381j(c)(1) (A) and (B)).

                          ____________________