[Congressional Record (Bound Edition), Volume 156 (2010), Part 2]
[Senate]
[Pages 2703-2722]
[From the U.S. Government Publishing Office, www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 3402. Mr. LeMIEUX submitted an amendment intended to be proposed 
to amendment SA 3336 proposed by Mr. Baucus to the bill H.R. 4213, to 
amend the Internal Revenue Code of 1968 to extend certain expiring 
provisions, and for other purposes; which was ordered to lie on the 
table; as follows:

       On page 268, between lines 11 and 12, insert the following:

     SEC. ___. MODIFICATIONS TO RUM COVER-OVER PROGRAM.

       (a) In General.--Section 7652 of the Internal Revenue Code 
     of 1986 is amended by adding at the end the following new 
     subsection:
       ``(h) Distribution of Rum Taxes Between Puerto Rico and the 
     Virgin Islands.--
       ``(1) In general.--Except as provided in paragraph (2), for 
     purposes of subsections (a)(3)(B), (b)(3)(B), and (e)(2), the 
     amount to be divided between and covered into the treasury of 
     any applicable territory under this subsection shall bear the 
     same ratio to the total amount covered into the treasuries of 
     all applicable territories under subsection (a)(3)(B), 
     (b)(3)(B), or (e)(2), as the case may be, as the population 
     of such applicable territory bears to the total combined 
     population of all applicable territories.
       ``(2) Transition rule.--In the case of any calendar year 
     before 2030, the amount to be divided between and covered 
     into the treasury of any applicable territory under this 
     subsection shall be equal to the sum of--
       ``(A) the amount which would be determined under subsection 
     (a)(3)(B), (b)(3)(B), or (e)(2), as the case may be, with 
     respect to such applicable territory before the date of the 
     enactment of this subsection, plus
       ``(B) the product of--
       ``(i) the transition percentage, and
       ``(ii) the difference of--

       ``(I) the amount which would be determined under paragraph 
     (1) for such calendar year if this paragraph did not apply, 
     minus
       ``(II) the amount described in subparagraph (A).

       ``(3) Definitions and other rules.--For purposes of this 
     section--
       ``(A) Applicable territory.--The term `applicable 
     territory' means Puerto Rico and the Virgin Islands.
       ``(B) Population.--For purposes of paragraph (1), the 
     respective populations of the applicable territories shall be 
     determined on the basis of the most recent census estimate of 
     the resident population of each released by the Bureau of the 
     Census before the beginning of the calendar year.
       ``(C) Transition percentage.--
       ``(i) In general.--The transition percentage for calendar 
     year 2010 is 5 percent.
       ``(ii) Subsequent years.--In the case of any calendar year 
     beginning after 2010, the transition percentage shall the 
     percentage (not to exceed 100 percent) equal to the sum of 
     the transition percentage for the preceding calendar year 
     plus 5 percentage points.''.
       (b) Conforming Amendments.--
       (1) Shipments from puerto rico.--Paragraph (3) of section 
     7652(a) of the Internal Revenue Code of 1986 is amended to 
     read as follows:
       ``(3) Deposit of internal revenue collections.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     all taxes collected under

[[Page 2704]]

     the internal revenue laws of the United States on articles 
     produced in Puerto Rico and transported to the United States 
     (less the estimated amount necessary for payment of refunds 
     and drawbacks), or consumed in the island, shall be covered 
     into the treasury of Puerto Rico.
       ``(B) Rum.--All taxes collected under the internal revenue 
     laws of the United States on rum (as defined in subsection 
     (e)(3)) produced in Puerto Rico and transported to the United 
     States (less the estimated amount necessary for payment of 
     refunds and drawbacks), or consumed in the island, shall be 
     divided between and covered into the treasuries of the 
     applicable territories as provided in subsection (i).''.
       (2) Shipments from the virgin islands.--Paragraph (3) of 
     section 7652(b) of such Code is amended to read as follows:
       ``(3) Disposition of internal revenue collections.--
       ``(A) In general.--The Secretary shall determine the amount 
     of all taxes imposed by, and collected under the internal 
     revenue laws of the United States on articles not described 
     in subparagraph (B) which are produced in the Virgin Islands 
     and transported to the United States. The amount so 
     determined, plus the amounts determined with respect to the 
     Virgin Islands under subparagraph (B) and subsection 
     (a)(3)(B), less 1 percent of the total of such amounts and 
     less the estimated amount of refunds or credits, shall be 
     subject to disposition as follows:
       ``(i) The payment of an estimated amount shall be made to 
     the government of the Virgin Islands before the commencement 
     of each fiscal year as set forth in section 4(c)(2) of the 
     Act entitled `An Act to authorize appropriations for certain 
     insular areas of the United States, and for other purposes', 
     approved August 18, 1978 (48 U.S.C. 1645), as in effect on 
     the date of the enactment of the Trade and Development Act of 
     2000. The payment so made shall constitute a separate fund in 
     the treasury of the Virgin Islands and may be expended as the 
     legislature may determine.
       ``(ii) Any amounts remaining shall be deposited in the 
     Treasury of the United States as miscellaneous receipts.

     If at the end of any fiscal year the total of the Federal 
     contribution made under clause (i) with respect to the four 
     calendar quarters immediately preceding the beginning of that 
     fiscal year has not been obligated or expended for an 
     approved purpose, the balance shall continue available for 
     expenditure during any succeeding fiscal year, but only for 
     emergency relief purposes and essential public projects. The 
     aggregate amount of moneys available for expenditure for 
     emergency relief purposes and essential public projects only 
     shall not exceed the sum of $5,000,000 at the end of any 
     fiscal year. Any unobligated or unexpended balance of the 
     Federal contribution remaining at the end of a fiscal year 
     which would cause the moneys available for emergency relief 
     purposes and essential public projects only to exceed the sum 
     of $5,000,000 shall thereupon be transferred and paid over to 
     the Treasury of the United States as miscellaneous receipts.
       ``(B) Rum.--The Secretary shall determine the amount of all 
     taxes imposed by, and collected under the internal revenue 
     laws of the United States on rum (as defined in subsection 
     (e)(3)) produced in the Virgin Islands and transported to the 
     United States. The amount so determined shall be divided 
     between and covered into the treasuries of the applicable 
     territories as provided in subsection (i).''.
       (3) Other shipments to the united states.--Paragraph (2) of 
     section 7652(e) of such Code is amended to read as follows:
       ``(2) Distribution of taxes.--Such tax collections shall be 
     divided between Puerto Rico and the Virgin Islands as 
     provided in subsection (i). The Secretary shall prescribe by 
     regulation the timing and methods for transferring such tax 
     collections.''.
       (c) Permanent Extension of Increased Limitation on Cover 
     Over.--Paragraph (1) of section 7652(f) of the Internal 
     Revenue Code of 1986 is amended by striking ``$10.50 ($13.25 
     in the case of distilled spirits brought into the United 
     States after June 30, 1999, and before January 1, 2010)'' and 
     inserting ``$13.25''.
       (d) Effective Dates.--
       (1) In general.--Except as provided in paragraph (2), the 
     amendments made by this section shall apply to taxes 
     collected after the date of the enactment of this Act.
       (2) Limitation on cover-over.--The amendment made by 
     subsection (c) shall apply to distilled spirits brought into 
     the United States after December 31, 2009.
                                 ______
                                 
  SA 3403. Mr. KERRY (for himself, Mr. Specter, Mr. Schumer, and Mr. 
Dodd) submitted an amendment intended to be proposed to amendment SA 
3336 proposed by Mr. Baucus to the bill H.R. 4213, to amend the 
Internal Revenue Code of 1986 to extend certain expiring provisions, 
and for other purposes; which was ordered to lie on the table; as 
follows:

       At the end of subtitle C of title II, insert the following:

     SEC. _. 1-YEAR EXTENSION OF THE EMERGENCY CONTINGENCY FUND 
                   FOR STATE TEMPORARY ASSISTANCE FOR NEEDY 
                   FAMILIES PROGRAMS.

       (a) In General.--Section 403(c) of the Social Security Act 
     (42 U.S.C. 603(c)) is amended--
       (1) in paragraph (2)(A), by inserting ``, and for fiscal 
     year 2011, $2,500,000,000,'' before ``for payment'';
       (2) in paragraph (2)(B)--
       (A) by inserting ``for fiscal year 2009'' after ``under 
     subparagraph (A)''; and
       (B) by inserting before the period the following: ``, and 
     may be used to make payments to a State during fiscal year 
     2011 with respect to expenditures incurred by such State 
     during fiscal year 2009 or 2010. The amounts appropriated to 
     the Emergency Fund under subparagraph (A) for fiscal year 
     2011 shall be used to make grants to States during such 
     fiscal year in accordance with the requirements of paragraph 
     (3), and may be used to make payments to a State during 
     fiscal year 2012 with respect to expenditures incurred by 
     such State during fiscal year 2011'';
       (3) by striking paragraph (2)(C) and inserting the 
     following:
       ``(C) Limitations.--
       ``(i) In general.--In no case may the Secretary make a 
     grant from the Emergency Fund for a fiscal year after fiscal 
     year 2012.
       ``(ii) Reservation of funds.--Of the amounts appropriated 
     to the Emergency Fund under subparagraph (A) for fiscal year 
     2011, $500,000 shall be placed in reserve for use in fiscal 
     year 2012. Such amounts shall be used to award grants for any 
     expenditures incurred by States after September 30, 2011.'';
       (4) in clause (i) of each of subparagraphs (A), (B), and 
     (C) of paragraph (3), by striking ``year 2009 or 2010'' and 
     inserting ``years 2009 through 2011'';
       (5) by adding at the end of paragraph (3) the following:
       ``(D) Grant related to increased expenditures for 
     employment services.--
       ``(i) In general.--For each calendar quarter in fiscal year 
     2011, the Secretary shall make a grant from the Emergency 
     Fund to each State that--

       ``(I) requests a grant under this subparagraph for the 
     quarter; and
       ``(II) meets the requirement of clause (ii) for the 
     quarter.

       ``(ii) Employment services expenditure requirement.--A 
     State meets the requirement of this clause for a quarter if 
     the total expenditures of the State for employment services 
     in the quarter, whether under the State program funded under 
     this part or as qualified State expenditures, exceeds the 
     total such expenditures of the State in the corresponding 
     quarter in the emergency fund base year of the State.
       ``(iii) Amount of grant.--Subject to paragraph (5), the 
     amount of the grant to be made to a State under this 
     subparagraph for a quarter shall be an amount equal to 80 
     percent of the excess described in clause (ii).'';
       (6) in paragraph (4), by striking ``and subsidized 
     employment'' and inserting ``subsidized employment, and 
     employment services'';
       (7) in paragraph (5)--
       (A) in the paragraph heading, by inserting ``on payments; 
     adjustment authority'' after ``Limitation'';
       (B) by striking ``The total amount'' and inserting the 
     following:
       ``(A) In general.--The total amount'';
       (C) by inserting after ``grant'' the following: ``The total 
     amount payable to a single State under subsection (b) and 
     this subsection for fiscal year 2011 shall not exceed 25 
     percent of the annual State family assistance grant.''; and
       (D) by adding at the end the following:
       ``(B) Adjustment authority.--The Secretary may issue a 
     Program Instruction without regard to the requirements of 
     section 553 of title 5, United States Code, specifying 
     priority criteria for awarding grants to States for fiscal 
     year 2011 or adjusting the percentage limitation applicable 
     under subparagraph (A) with respect to the total amount 
     payable to a single State for such fiscal year, if the 
     Secretary determines that the Emergency Fund is at risk of 
     being depleted prior to September 30, 2011, or the Secretary 
     determines that funds are available to accommodate additional 
     State requests.''; and
       (8) in paragraph (9)--
       (A) in subparagraph (B)(i), by striking ``or 2008'' and 
     inserting ``, 2008, or 2009'';
       (B) by adding at the end of subparagraph (B)(ii) the 
     following:

       ``(IV) The total expenditures of the State for employment 
     services, whether under the State program funded under this 
     part or as qualified State expenditures.''; and

       (C) by adding at the end the following:
       ``(D) Employment services.--The term `employment services' 
     means services designed to help an individual begin, remain, 
     or advance in employment, as defined in program guidance 
     issued by the Secretary (without regard to section 553 of 
     title 5, United States Code).''.
       (b) Conforming Amendments.--Section 2101 of division B of 
     the American Recovery and Reinvestment Act of 2009 (Public 
     Law 111-5) is amended--
       (1) in subsection (a)(2)--
       (A) by striking ``2010'' and inserting ``2011''; and

[[Page 2705]]

       (B) by striking all that follows ``repealed'' and inserting 
     a period; and
       (2) in subsection (d)(1), by striking ``2010'' and 
     inserting ``2011''.

     SEC. _. INTELLIGENT ASSIGNMENT IN ENROLLMENT.

       (a) In General.--Section 1860D-1(b)(1)(C) of the Social 
     Security Act (42 U.S.C. 1395w-101(b)(1)(C)) is amended by 
     inserting after ``PDP region'' the following: ``or through 
     use of an intelligent assignment process that is designed to 
     maximize the access of such individual to necessary 
     prescription drugs while minimizing costs to such individual 
     and to the program under this part to the greatest extent 
     possible. In the case the Secretary enrolls such individuals 
     through use of an intelligent assignment process, such 
     process shall take into account the extent to which 
     prescription drugs necessary for the individual are covered 
     in the case of a PDP sponsor of a prescription drug plan that 
     uses a formulary, the use of prior authorization or other 
     restrictions on access to coverage of such prescription drugs 
     by such a sponsor, and the overall quality of a prescription 
     drug plan as measured by quality ratings established by the 
     Secretary''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall take effect for contract years beginning with 2012.

     SEC. _. ELIMINATION OF ADVANCE REFUNDABILITY OF EARNED INCOME 
                   CREDIT.

       (a) In General.--Section 3507, subsection (g) of section 
     32, and paragraph (7) of section 6051(a) of the Internal 
     Revenue Code of 1986 are repealed.
       (b) Conforming Amendments.--
       (1) Section 6012(a) of the Internal Revenue Code of 1986 is 
     amended by striking paragraph (8) and by redesignating 
     paragraph (9) as paragraph (8).
       (2) Section 6302 of such Code is amended by striking 
     subsection (i).
       (c) Effective Date.--The repeals and amendments made by 
     this section shall apply to taxable years beginning after 
     December 31, 2010.
                                 ______
                                 
  SA 3404. Mr. BEGICH submitted an amendment intended to be proposed by 
him to the bill H.R. 4213, to amend the Internal Revenue Code of 1986 
to extend certain expiring provisions, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the appropriate place in title VI, insert the following:

     SEC. __. RURAL COMMUNITY GRANT APPLICATIONS.

       (a) In General.--Notwithstanding any other provision of 
     law, an eligible rural community may submit to the 
     appropriate Federal official an application for a grant under 
     an applicable Federal program.
       (b) Eligibility.--To be eligible to submit an application 
     under subsection (a), a rural community shall comply with the 
     following:
       (1) The community shall submit to the State in which the 
     community is located, an application for a grant under an 
     applicable Federal program. Such State shall forward all such 
     applications to the appropriate Federal officials involved.
       (2) The community shall provide assurances that the 
     community will comply with the requirements otherwise 
     applicable with respect to the grant under the applicable 
     Federal program.
       (3) The community shall comply with any other requirements 
     applied by the appropriate Federal official.
       (c) Definitions.--In this section:
       (1) Applicable federal program.--The term ``applicable 
     Federal program'' means a grant program that--
       (A) is administered by a Federal department or agency;
       (B) provides authority to award grants only on a Statewide 
     (or territory-wide) basis; and
       (C) is certified by the appropriate Federal official as 
     being a program under which a rural community will be 
     eligible to receive a grant under the authority provided 
     under this section.
       (2) Appropriate federal official.--The term ``appropriate 
     Federal official'' means a Federal official that is 
     responsible for administering an applicable Federal program.
       (3) Rural community.--The term ``rural community'' has the 
     meaning given such term by the State involved.
       (d) Regulations.--Each appropriate Federal official shall 
     promulgate regulations with respect to the participation of 
     eligible rural communities in any applicable Federal programs 
     administered by each such official.
                                 ______
                                 
  SA 3405. Mr. NELSON of Nebraska submitted an amendment intended to be 
proposed to amendment SA 3336 proposed by Mr. Baucus to the bill H.R. 
4213, to amend the Internal Revenue Code of 1986 to extend certain 
expiring provisions, and for other purposes; which was ordered to lie 
on the table; as follows:

       On page 161, between lines 10 and 11, insert the following:

     SEC. ___. REPLENISHMENT OF GENERAL FUND THROUGH RESCISSION OF 
                   CERTAIN STIMULUS FUNDS.

       Notwithstanding section 5 of the American Recovery and 
     Reinvestment Act of 2009 (Public Law 111-5; 123 Stat. 116), 
     from the amounts appropriated or made available under 
     division A such Act (other than under title X of such 
     division A), there is rescinded $36,000,000,000 of any 
     remaining unobligated amounts. The Director of the Office of 
     Management and Budget shall apply the rescission in a pro 
     rata manner with respect to such amounts. The Director of the 
     Office of Management and Budget shall report to each 
     congressional committee the amounts so rescinded within the 
     jurisdiction of such committee.
                                 ______
                                 
  SA 3406. Mr. BAUCUS submitted an amendment intended to be proposed to 
amendment SA 3336 proposed by Mr. Baucus to the bill 4213, to amend the 
Internal Revenue Code of 1986 to extend certain expiring provisions, 
and for other purposes; which was ordered to lie on the table; as 
follows:

       On page 91, line 13, strike ``$354,000,000'' and insert 
     ``$560,000,000''.
       On page 92, line 19, strike ``February'' and insert 
     ``March''.
       On page 92, after line 20, add the following:
       (3) Effective date for loan guarantees.--The amendment made 
     by paragraph (2) shall take effect on February 27, 2010.
                                 ______
                                 
  SA 3407. Mr. INOUYE (for himself, Mr. Dorgan, Mr. Byrd, Mr. 
Lautenberg, Mr. Franken, Mr. Tester, and Ms. Landrieu) submitted an 
amendment intended to be proposed to amendment SA 3336 proposed by Mr. 
Baucus to the bill H.R. 4213, to amend the Internal Revenue code of 
1986 to extend certain expiring provisions, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

                        TITLE ___--OTHER MATTERS

     SEC. ___01. FUNDING TO THE FEDERAL EMERGENCY MANAGEMENT 
                   AGENCY FOR DISASTER RELIEF.

       There are appropriated, out of any funds in the Treasury 
     not otherwise appropriated, for an additional amount for the 
     Department of Homeland Security under the heading ``disaster 
     relief'' under the heading ``Federal Emergency Management 
     Agency'', $5,100,000,000, to remain available until expended: 
     Provided, That of the amount appropriated under this section, 
     up to $5,000,000 shall be transferred to the Department of 
     Homeland Security under the heading ``office of inspector 
     general'' for audits and investigations relating to 
     disasters.

     SEC. ___02. BLACK FARMERS DISCRIMINATION LITIGATION.

       (a) There is hereby appropriated to the Department of 
     Agriculture, $1,150,000,000, to remain available until 
     expended, to carry out the terms of a Settlement Agreement 
     (``such Settlement Agreement'') executed in In re Black 
     Farmers Discrimination Litigation, No. 08-511 (D.D.C.) that 
     is approved by a court order that has become final and non-
     appealable, and that is comprehensive and provides for the 
     final settlement of all remaining Pigford claims (``Pigford 
     claims''), as defined in section 14012(a) of Public Law 110-
     246. The funds appropriated herein for such Settlement 
     Agreement are in addition to the $100,000,000 in funds of the 
     Commodity Credit Corporation (CCC) that section 14012 made 
     available for the payment of Pigford claims and are available 
     only after such CCC funds have been fully obligated. The use 
     of the funds appropriated herein shall be subject to the 
     express terms of such Settlement Agreement. If any of the 
     funds appropriated herein are not used for carrying out such 
     Settlement Agreement, such funds shall be returned to the 
     Treasury and shall not be made available for any purpose 
     related to section 14012, for any other settlement agreement 
     executed in In re Black Farmers Discrimination Litigation, 
     No. 08-511 (D.D.C.), or for any other purpose. If such 
     Settlement Agreement is not executed and approved as provided 
     above, then the sole funding available for Pigford claims 
     shall be the $100,000,000 of funds of the CCC that section 
     14012 made available for the payment of Pigford claims.
       (b) Nothing in this section shall be construed as requiring 
     the United States, any of its officers or agencies, or any 
     other party to enter into such Settlement Agreement or any 
     other settlement agreement.
       (c) Nothing in this section shall be construed as creating 
     the basis for a Pigford claim.
       (d) Section 14012 of Public Law 110-246 is amended by 
     striking subsections (e), (i)(2) and (j), and redesignating 
     the remaining subsections accordingly.

     SEC. ___03. INDIVIDUAL INDIAN MONEY ACCOUNT LITIGATION 
                   SETTLEMENT ACT OF 2010.

       (a) Short Title.--This section may be cited as the 
     ``Individual Indian Money Account Litigation Settlement Act 
     of 2010''.
       (b) Definitions.--In this section:
       (1) Amended complaint.--The term ``Amended Complaint'' 
     means the Amended Complaint attached to the Settlement.

[[Page 2706]]

       (2) Land consolidation program.--The term ``Land 
     Consolidation Program'' means a program conducted in 
     accordance with the Settlement and the Indian Land 
     Consolidation Act (25 U.S.C. 2201 et seq.) under which the 
     Secretary may purchase fractionated interests in trust or 
     restricted land.
       (3) Litigation.--The term ``Litigation'' means the case 
     entitled Elouise Cobell et al. v. Ken Salazar et al., United 
     States District Court, District of Columbia, Civil Action No. 
     96-1285 (JR).
       (4) Plaintiff.--The term ``Plaintiff'' means a member of 
     any class certified in the Litigation.
       (5) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (6) Settlement.--The term ``Settlement'' means the Class 
     Action Settlement Agreement dated December 7, 2009, in the 
     Litigation.
       (7) Trust administration class.--The term ``Trust 
     Administration Class'' means the Trust Administration Class 
     as defined in the Settlement.
       (c) Purpose.--The purpose of this section is to authorize 
     the Settlement.
       (d) Authorization.--The Settlement is authorized, ratified, 
     and confirmed.
       (e) Jurisdictional Provisions.--
       (1) In general.--Notwithstanding the limitation on 
     jurisdiction of district courts contained in section 
     1346(a)(2) of title 28, United States Code, the United States 
     District Court for the District of Columbia shall have 
     jurisdiction over the claims asserted in the Amended 
     Complaint for purposes of the Settlement.
       (2) Certification of trust administration class.--
       (A) In general.--Notwithstanding the requirements of the 
     Federal Rules of Civil Procedure, the court overseeing the 
     Litigation may certify the Trust Administration Class.
       (B) Treatment.--On certification under sub-paragraph (A), 
     the Trust Administration Class shall be treated as a class 
     under Federal Rule of Civil Procedure 23(b)(3) for purposes 
     of the Settlement.
       (f) Accounting/trust Administration Fund.--
       (1) In general.--Of the amounts appropriated by section 
     1304 of title 31, United States Code, $1,412,000,000 shall be 
     deposited in the Accounting/Trust Administration Fund, in 
     accordance with the Settlement.
       (2) Conditions met.--The conditions described in section 
     1304 of title 31, United States Code, shall be considered to 
     be met for purposes of paragraph (1).
       (g) Trust Land Consolidation.--
       (1) Trust land consolidation fund.--
       (A) Establishment.--On final approval (as defined in the 
     Settlement) of the Settlement, there shall be established in 
     the Treasury of the United States a fund, to be known as the 
     ``Trust Land Consolidation Fund''.
       (B) Availability of amounts.--Amounts in the Trust Land 
     Consolidation Fund shall be made available to the Secretary 
     during the 10-year period beginning on the date of final 
     approval of the Settlement--
       (i) to conduct the Land Consolidation Program: and
       (ii) for other costs specified in the Settlement.
       (C) Deposits.--
       (i) In general.--On final approval (as defined in the 
     Settlement) of the Settlement, the Secretary of the Treasury 
     shall deposit in the Trust Land Consolidation Fund 
     $2,000,000,000 of the amounts appropriated by section 1304 of 
     title 31, United States Code.
       (ii) Conditions met.--The conditions described in section 
     1304 of title 31, United States Code, shall be considered to 
     be met for purposes of clause (i).
       (D) Transfers.--In a manner designed to encourage 
     participation in the Land Consolidation Program, the 
     Secretary may transfer, at the discretion of the Secretary, 
     not more than $60,000,000 of amounts in the Trust Land 
     Consolidation Fund to the Indian Education Scholarship 
     Holding Fund established under paragraph 2.
       (2) Indian education scholarship holding fund.--
       (A) Establishment.--On the final approval (as defined in 
     the Settlement) of the Settlement, there shall be established 
     in the Treasury of the United States a fund., to be known as 
     the ``Indian Education Scholarship Holding Fund''.
       (B) Availability.--Notwithstanding any other provision of 
     law governing competition, public notification, or Federal 
     procurement or assistance, amounts in the Indian Education 
     Scholarship Holding Fund shall be made available, without 
     further appropriation, to the Secretary to contribute to an 
     Indian Education Scholarship Fund, as described in the 
     Settlement, to provide scholarships for Native Americans.
       (3) Acquisition of trust or restricted land.--The Secretary 
     may acquire, at the discretion of the Secretary and in 
     accordance with the Land Consolidation Program, any 
     fractional interest in trust or restricted land.
       (4) Treatment of unlocatable plaintiffs.--A Plaintiff the 
     whereabouts of whom are unknown and who, after reasonable 
     efforts by the Secretary, cannot be located during the 5 year 
     period beginning on the date of final approval (as defined in 
     the Settlement) of the Settlement shall be considered to have 
     accepted an offer made pursuant to the Land Consolidation 
     Program.
       (h) Taxation and Other Benefits.--
       (1) Internal revenue code.--For purposes of the Internal 
     Revenue Code of 1986, amounts received by an individual 
     Indian as a lump sum or a periodic payment pursuant to the 
     Settlement--
       (A) shall not be included in gross income; and
       (B) shall not be taken into consideration for purposes of 
     applying any provision of the Internal Revenue Code that 
     takes into account excludable income in computing adjusted 
     gross income or modified adjusted gross income, including 
     section 86 of that Code (relating to Social Security and tier 
     1 railroad retirement benefits).
       (2) Other benefits.--Notwithstanding any other provision of 
     law, amounts received by an individual Indian as a lump sum 
     or a periodic payment pursuant to the Settlement shall not be 
     treated for any household member, during the 1-year period 
     beginning on the date of receipt--
       (A) as income for the month during which the amounts were 
     received; or
       (B) as a resource,
     for purposes of determining initial eligibility, ongoing 
     eligibility, or level of benefits under any Federal or 
     federally assisted program.

     SEC. ___04. EMERGENCY DESIGNATIONS.

       (a) In General.--Each amount in this title is designated as 
     an emergency requirement pursuant to section 403(a) of S. 
     Con. Res. 13 (111th Congress), the concurrent resolution on 
     the budget for fiscal year 2010.
       (b) Paygo.--Each amount in this title is designated as an 
     emergency requirement pursuant to section 4(g) of the 
     Statutory Pay-As-You-Go Act of 2010 (Public Law 111-139).
                                 ______
                                 
  SA 3408. Mr. BINGAMAN (for himself and Mrs. Stabenow) submitted an 
amendment intended to be proposed to amendment SA 3336 proposed by Mr. 
Baucus to the bill H.R. 4213, to amend the Internal Revenue Code of 
1986 to extend certain expiring provisions, and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 268, between lines 11 and 12, insert the following:

     SEC. ___. EXPANSION OF QUALIFYING ADVANCED ENERGY PROJECT 
                   CREDIT.

       (a) In General.--Section 48C(d)(1)(B) is amended by 
     striking ``$2,300,000,000'' and inserting ``$7,300,000,000''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to allocations for applications submitted after 
     December 31, 2009.
                                 ______
                                 
  SA 3409. Mr. BROWN of Ohio submitted an amendment intended to be 
proposed to amendment SA 3336 proposed by Mr. Baucus to the bill H.R. 
4213, to amend the Internal Revenue Code of 1986 to extend certain 
expiring provisions, and for other purposes; which was ordered to lie 
on the table; as follows:

       On page 268, between lines 11 and 12, insert the following:

     SEC. ___. EXPANSION OF QUALIFYING ADVANCED ENERGY PROJECT 
                   CREDIT.

       (a) In General.--Section 48C(d)(1)(B) is amended by 
     striking ``$2,300,000,000'' and inserting ``$7,300,000,000''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to allocations for applications submitted after 
     December 31, 2009.

     SEC. ___. EXCISE TAX ON BONUSES RECEIVED BY EMPLOYEES OF 
                   BUSINESSES RECEIVING TARP FUNDS.

       (a) In General.--Chapter 46 is amended by adding at the end 
     the following new section:

     ``SEC. 4999A. BONUSES PAID BY TARP RECIPIENTS.

       ``(a) In General.--In the case of any payment of 
     compensation during 2010 in the nature of a bonus by a TARP 
     recipient to any employee or former employee of such 
     recipient, there is hereby imposed a tax equal to 50 percent 
     of so much of such compensation as exceeds $50,000.
       ``(b) Tax Paid by Bonus Recipient.--The tax imposed by this 
     section shall be paid by such employee or former employee.
       ``(c) Definitions and Special Rules.--For purposes of this 
     section--
       ``(1) TARP recipient.--The term `TARP recipient' means any 
     person who receives funds under title I of the Emergency 
     Economic Stabilization Act of 2008.
       ``(2) Employee.--The term `employee' includes officers and 
     executives.
       ``(3) Entities acquired by tarp recipients.--If more than 
     50 percent of the equity interests in any person is acquired 
     by a TARP recipient, such person shall be treated as a TARP 
     recipient for purposes of this section and subsection (a) 
     shall apply to applicable compensation paid by such person 
     after the earlier of the date of such acquisition or the date 
     that such acquisition is announced.
       ``(4) Certain controlled groups, etc.--All employees who 
     are treated as employed by a single employer under 
     subsections (b), (c), or (m) of section 414 shall be treated 
     as employed by a single employer for purposes of this 
     section.''.

[[Page 2707]]

       (b) Clerical Amendment.--The table of sections for chapter 
     46 is amended by adding at the end the following new item:

``Sec. 4999A. Bonuses paid by TARP recipients.''.

                                 ______
                                 
  SA 3410. Mr. BAUCUS submitted an amendment intended to be proposed to 
amendment SA 3336 proposed by Mr. Baucus to the bill H.R. 4213, to 
amend the Internal Revenue Code of 1986 to extend certain expiring 
provisions, and for other purposes; which was ordered to lie on the 
table; as follows:

       Strike section 201 and insert the following:

     SEC. 201. EXTENSION OF UNEMPLOYMENT INSURANCE PROVISIONS.

       (a) In General.--(1) Section 4007 of the Supplemental 
     Appropriations Act, 2008 (Public Law 110-252; 26 U.S.C. 3304 
     note) is amended--
       (A) by striking ``April 5, 2010'' each place it appears and 
     inserting ``December 31, 2010'';
       (B) in the heading for subsection (b)(2), by striking 
     ``april 5, 2010'' and inserting ``december 31, 2010''; and
       (C) in subsection (b)(3), by striking ``September 4, 2010'' 
     and inserting ``May 31, 2011''.
       (2) Section 2002(e) of the Assistance for Unemployed 
     Workers and Struggling Families Act, as contained in Public 
     Law 111-5 (26 U.S.C. 3304 note; 123 Stat. 438), is amended--
       (A) in paragraph (1)(B), by striking ``April 5, 2010'' and 
     inserting ``December 31, 2010'';
       (B) in the heading for paragraph (2), by striking ``april 
     5, 2010'' and inserting ``december 31, 2010''; and
       (C) in paragraph (3), by striking ``October 5, 2010'' and 
     inserting ``June 30, 2011''.
       (3) Section 2005 of the Assistance for Unemployed Workers 
     and Struggling Families Act, as contained in Public Law 111-5 
     (26 U.S.C. 3304 note; 123 Stat. 444), is amended--
       (A) by striking ``April 5, 2010'' each place it appears and 
     inserting ``January 1, 2011''; and
       (B) in subsection (c), by striking ``September 4, 2010'' 
     and inserting ``June 1, 2011''.
       (4) Section 5 of the Unemployment Compensation Extension 
     Act of 2008 (Public Law 110-449; 26 U.S.C. 3304 note) is 
     amended by striking ``September 4, 2010'' and inserting ``May 
     31, 2011''.
       (b) Funding.--Section 4004(e)(1) of the Supplemental 
     Appropriations Act, 2008 (Public Law 110-252; 26 U.S.C. 3304 
     note) is amended--
       (1) in subparagraph (C), by striking ``and'' at the end; 
     and
       (2) by inserting after subparagraph (D) the following new 
     subparagraph:
       ``(E) the amendments made by section 201(a)(1) of the 
     American Workers, State, and Business Relief Act of 2010; 
     and''.
       (c) Effective Date.--The amendments made by this section 
     shall take effect as if included in the enactment of the 
     Temporary Extension Act of 2010.
       Strike section 211 and insert the following:

     SEC. 211. EXTENSION AND IMPROVEMENT OF PREMIUM ASSISTANCE FOR 
                   COBRA BENEFITS.

       (a) Extension of Eligibility Period.--Subsection (a)(3)(A) 
     of section 3001 of division B of the American Recovery and 
     Reinvestment Act of 2009 (Public Law 111-5), as amended by 
     section 3 of the Temporary Extension Act of 2010, is amended 
     by striking ``March 31, 2010'' and inserting ``December 31, 
     2010''.
       (b) Rules Relating to 2010 Extension.--Subsection (a) of 
     section 3001 of division B of the American Recovery and 
     Reinvestment Act of 2009 (Public Law 111-5), as amended by 
     subsection (b)(1)(C), is further amended by adding at the end 
     the following:
       ``(18) Rules related to 2010 extension.--
       ``(A) Election to pay premiums retroactively and maintain 
     cobra coverage.--In the case of any premium for a period of 
     coverage during an assistance eligible individual's 2010 
     transition period, such individual shall be treated for 
     purposes of any COBRA continuation provision as having timely 
     paid the amount of such premium if--
       ``(i) such individual's qualifying event was on or after 
     April 1, 2010 and prior to the date of enactment of this 
     paragraph, and
       ``(ii) such individual pays, by the latest of 60 days after 
     the date of the enactment of this paragraph, 30 days after 
     the date of provision of the notification required under 
     paragraph (16)(D)(ii) (as applied by subparagraph (D) of this 
     paragraph), or the period described in section 
     4980B(f)(2)(B)(iii) of the Internal Revenue Code of 1986, the 
     amount of such premium, after the application of paragraph 
     (1)(A).
       ``(B) Refunds and credits for retroactive premium 
     assistance eligibility.--In the case of an assistance 
     eligible individual who pays, with respect to any period of 
     COBRA continuation coverage during such individual's 2010 
     transition period, the premium amount for such coverage 
     without regard to paragraph (1)(A), rules similar to the 
     rules of paragraph (12)(E) shall apply.
       ``(C) 2010 transition period.--
       ``(i) In general.--For purposes of this paragraph, the term 
     `transition period' means, with respect to any assistance 
     eligible individual, any period of coverage if--

       ``(I) such assistance eligible individual experienced an 
     involuntary termination that was a qualifying event prior to 
     the date of enactment of the American Workers, State, and 
     Business Relief Act of 2010, and
       ``(II) paragraph (1)(A) applies to such period by reason of 
     the amendments made by section 211 of the American Workers, 
     State, and Business Relief Act of 2010.

       ``(ii) Construction.--Any period during the period 
     described in subclauses (I) and (II) of clause (i) for which 
     the applicable premium has been paid pursuant to subparagraph 
     (A) shall be treated as a period of coverage referred to in 
     such paragraph, irrespective of any failure to timely pay the 
     applicable premium (other than pursuant to subparagraph (A)) 
     for such period.
       ``(D) Notification.--Notification provisions similar to the 
     provisions of paragraph (16)(E) shall apply for purposes of 
     this paragraph.''.
       (c) Effective Date.--The amendments made by this section 
     shall take effect as if included in the provisions of section 
     3001 of division B of the American Recovery and Reinvestment 
     Act of 2009.
       In section 212, strike ``December 31, 2009'' and insert 
     ``March 31, 2010''.
       In section 231, strike ``this title'' and insert ``this 
     Act''.
       In section 241(1), strike ``March 1, 2010'' and insert 
     ``March 31, 2010''.
       In section 601(1), strike ``February 28, 2010'' and insert 
     ``March 31, 2010''.
       In section 601(2), strike ``March 1, 2010'' and insert 
     ``April 1, 2010''.
                                 ______
                                 
  SA 3411. Mr. ROBERTS submitted an amendment intended to be proposed 
by him to the bill H.R. 4213, to amend the Internal Revenue Code of 
1986 to extend certain expiring provisions, and for other purposes; 
which was ordered to lie on the table; as follows:

       After section 192, insert the following:

     SEC. 193. EXTENSION OF SPECIAL ALLOWANCE FOR CERTAIN 
                   PROPERTY.

       (a) In General.--Section 15345(d)(1)(D) of the Food 
     Conservation and Energy Act of 2008 (Public Law 110-246) is 
     amended by striking ``December 31, 2009'' and inserting 
     ``December 31, 2010''.
       (b) Conforming Amendment.--Section 15345(d)(1)(F) of such 
     Act is amended by striking ``January 1, 2008'' and inserting 
     ``January 1, 2010''.
       (c) Effective Date.--The amendments made by this section 
     shall take effect as if included in section 15345 of the Food 
     Conservation and Energy Act of 2008.
                                 ______
                                 
  SA 3412. Mr. LAUTENBERG submitted an amendment intended to be 
proposed to amendment SA 3336 proposed by Mr. Baucus to the bill H.R. 
4213, to amend the Internal Revenue Code of 1986 to extend certain 
expiring provisions, and for other purposes; which was ordered to lie 
on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. FUNDING TO THE FEDERAL EMERGENCY MANAGEMENT AGENCY 
                   FOR DISASTER RELIEF.

       There are appropriated, out of any funds in the Treasury 
     not otherwise appropriated, for an additional amount for the 
     Department of Homeland Security under the heading ``disaster 
     relief'' under the heading ``Federal Emergency Management 
     Agency'', $5,100,000,000, to remain available until expended: 
     Provided, That of the amount appropriated under this section, 
     up to $5,000,000 shall be transferred to the Department of 
     Homeland Security under the heading ``office of inspector 
     general'' for audits and investigations relating to 
     disasters: Provided further, That this section is designated 
     as an emergency requirement pursuant to section 4(g) of the 
     Statutory Pay-As-You-Go Act of 2010 (Public Law 111-139; 2 
     U.S.C. 933(g)), and designated as an emergency requirement 
     pursuant to section 403(a) of S. Con. Res. 13 (111th 
     Congress), the concurrent resolution on the budget for fiscal 
     year 2010.
                                 ______
                                 
  SA 3413. Mr. DORGAN submitted an amendment intended to be proposed to 
amendment SA 3336 proposed by Mr. Baucus to the bill H.R. 4213, to 
amend the Internal Revenue Code of 1986 to extend certain expiring 
provisions, and for other purposes; which was ordered to lie on the 
table; as follows:

       On page 161, between lines 10 and 11, insert the following:

     SEC. ___. MODIFICATION OF EFFECTIVE DATE OF LEASING 
                   PROVISIONS OF THE AMERICAN JOBS CREATION ACT OF 
                   2004.

       (a) Leases to Foreign Entities.--Section 849(b) of the 
     American Jobs Creation Act of 2004 is amended by adding at 
     the end the following new paragraph:
       ``(5) Leases to foreign entities.--In the case of tax-
     exempt use property leased to a tax-exempt entity which is a 
     foreign person or entity, the amendments made by this part 
     shall apply to taxable years beginning after December 31, 
     2009, with respect to leases entered into on or before March 
     12, 2004.''.
       (b) Effective Date.--The amendment made by this section 
     shall take effect as if included in the enactment of the 
     American Jobs Creation Act of 2004, but shall not apply to 
     any transaction that is the subject of a

[[Page 2708]]

     closing agreement under the provisions of section 7121 of the 
     Internal Revenue Code of 1986 that is final as of the date of 
     the enactment of this Act.
       (c) No Inference.--Nothing in the amendment made by this 
     section shall be construed to create an inference regarding 
     the authority of the Internal Revenue Service to challenge 
     transactions described in such amendment for taxable years 
     beginning before January 1, 2010.
                                 ______
                                 
  SA 3414. Mr. BURRIS submitted an amendment intended to be proposed to 
amendment SA 3336 proposed by Mr. Baucus to the bill 4213, to amend the 
Internal Revenue Code of 1986 to extend certain expiring provisions, 
and for other purposes; which was ordered to lie on the table; as 
follows:

       On page 268, between lines 11 and 12, insert the following:

     SEC. 602. ENSURING CONTRACTING WITH SMALL BUSINESS CONCERNS 
                   AND DISADVANTAGED BUSINESS CONCERNS.

       (a) Definitions.--In this section--
       (1) the term ``Administration'' means the Transportation 
     Security Administration;
       (2) the term ``Assistant Secretary'' means the Assistant 
     Secretary of Homeland Security, Transportation Security 
     Administration;
       (3) the terms ``HUBZone small business concern'', ``small 
     business concern'', ``small business concern owned and 
     controlled by service-disabled veterans'', and ``small 
     business concern owned and controlled by women'' have the 
     meanings given those terms under section 3 of the Small 
     Business Act (15 U.S.C. 632); and
       (4) the term ``small business concern owned and controlled 
     by socially and economically disadvantaged individuals'' has 
     the meaning given that term in section 8(d)(3)(C) of the 
     Small Business Act (15 U.S.C. 637(d)(3)(C)).
       (b) Requirements for Prime Contracts.--The Assistant 
     Secretary shall include in each contract, valued at 
     $300,000,000 or more, awarded for procurement of products or 
     services acquired for the Administration--
       (1) a requirement that the contractor shall submit to the 
     Assistant Secretary and implement a plan for the award, in 
     accordance with other applicable requirements, of 
     subcontracts under the contract to small business concerns, 
     including small business concerns owned and controlled by 
     socially and economically disadvantaged individuals, small 
     business concerns owned and controlled by women, small 
     business concerns owned and controlled by service-disabled 
     veterans, HUBZone small business concerns, small business 
     concerns participating in the program under section 8(a) of 
     the Small Business Act (15 U.S.C. 637(a)), institutions of 
     higher education receiving assistance under title III or V of 
     the Higher Education Act of 1965 (20 U.S.C. 1051 et seq.; 
     1101 et seq.), and Native Corporations created pursuant to 
     the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et 
     seq.); and
       (2) a requirement that the contractor shall submit to the 
     Assistant Secretary, during performance of the contract, 
     periodic reports describing the extent to which the 
     contractor has complied with the plan submitted under 
     paragraph (1), including a specification (by total dollar 
     amount and by percentage of the total dollar value of the 
     contract) of the value of subcontracts awarded at all tiers 
     of subcontracting to small business concerns, institutions, 
     and corporations referred to in paragraph (1).
       (c) Utilization of Alliances.--The Assistant Secretary 
     shall seek to facilitate award of contracts by the 
     Administration to teams of small business concerns, 
     institutions, and corporations referred to in subsection 
     (b)(1).
       (d) Annual Report.--
       (1) In general.--Not later than October 31 of each year, 
     the Assistant Secretary shall submit to the Committee on 
     Commerce, Science, and Transportation of the Senate and the 
     Committee on Homeland Security of the House of 
     Representatives a report on the award of contracts to small 
     business concerns, institutions, and corporations referred to 
     in subsection (b)(1) during the preceding fiscal year.
       (2) Contents.--Each report submitted by the Assistant 
     Secretary under paragraph (1) shall--
       (A) for contracts to small business concerns, institutions, 
     and corporations referred to in subsection (b)(1) awarded 
     during the preceding fiscal year, specify--
       (i) the value of the contracts, by dollar amount and as a 
     percentage of the total dollar value of all contracts awarded 
     by the Administration in the fiscal year; and
       (ii) the total dollar value of the contracts awarded to 
     each of the categories of small business concerns, 
     institutions, and corporations referred to in subsection 
     (b)(1); and
       (B) if the percentage specified under subparagraph (A)(i) 
     is less than 25 percent, an explanation of--
       (i) why the percentage is less than 25 percent; and
       (ii) what will be done to ensure that the percentage for 
     the following fiscal year will not be less than 25 percent.
                                 ______
                                 
  SA 3415. Mrs. LINCOLN submitted an amendment intended to be proposed 
to amendment SA 3336 proposed by Mr. Baucus to the bill H.R. 4213, to 
amend the Internal Revenue Code of 1986 to extend certain expiring 
provisions, and for other purposes; which was ordered to lie on the 
table; as follows:

       On page 268, between lines 11 and 12, insert the following:

     SEC. __. MULTIEMPLOYER PLAN CONTRIBUTION CREDIT.

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

     ``SEC. 45R. MULTIEMPLOYER PLAN CONTRIBUTION CREDIT.

       ``(a) General Rule.--For purposes of section 38, in the 
     case of a qualified taxpayer, the multiemployer plan 
     contribution credit for any taxable year is an amount equal 
     to 50 percent of the taxpayer's qualified multiemployer plan 
     contributions for the taxable year.
       ``(b) Definitions.--For purposes of this section--
       ``(1) Qualified multiemployer plan contribution.--The term 
     `qualified multiemployer plan contribution' means the amount 
     of contributions paid pursuant to a collective bargaining 
     agreement by a qualified taxpayer to a qualified 
     multiemployer plan for a taxable year.
       ``(2) Qualified taxpayer.--The term `qualified taxpayer' 
     means any employer that is--
       ``(A) engaged primarily in the active conduct of the trade 
     or business of carrying freight for unrelated third parties 
     that was engaged in such trade or business on the date of 
     enactment of the Motor Carrier Act of 1980; and
       ``(B) a party to--
       ``(i) the National Master Freight Agreement, or
       ``(ii) a collective bargaining agreement that includes 
     terms substantially similar to the National Master Freight 
     Agreement as in effect on April 1, 2008, or thereafter.
       ``(3) Qualified multiemployer plan.--The term `qualified 
     multiemployer plan' means a defined benefit plan that is a 
     multiemployer plan (as defined in section 414(f)).
       ``(c) Noninclusion of Increased Contributions.--A qualified 
     taxpayer's qualified multiemployer plan contribution shall 
     not include any amount attributable to an increase in the 
     rate of contributions to a qualified multiemployer plan after 
     September 1, 2009, except to the extent that such increase is 
     required by the terms of a collective bargaining agreement in 
     effect on April 1, 2008. For purposes of the preceding 
     sentence, a subsequent amendment or extension of a collective 
     bargaining agreement in effect on April 1, 2008 shall not 
     result in an inclusion of any additional amount attributable 
     to an increased rate of contributions for purposes hereof.
       ``(d) Special Rules.--
       ``(1) Disallowance of deduction.--No deduction shall be 
     allowed for that portion of the qualified multiemployer plan 
     contributions for the taxable year which is equal to the 
     credit determined under subsection (a).
       ``(2) Aggregation rules.--All persons which are treated as 
     a single employer under subsections (b) and (c) of section 
     414 shall be treated as a single taxpayer.
       ``(3) Election not to claim credit.--This section shall not 
     apply to a taxpayer for any taxable year to the extent such 
     taxpayer elects to have this section not apply with respect 
     to all or a portion of the taxpayer's qualified multiemployer 
     plan contribution for such taxable year.
       ``(e) Termination.--This section shall not apply to 
     contributions made after December 31, 2013.''.
       (b) Credit Treated as Part of Business Credit.--
       (1) In general.--Section 38(b) of the Internal Revenue Code 
     of 1986 is amended by striking ``plus'' at the end of 
     paragraph (34), striking the period at the end of paragraph 
     (35), and inserting ``, plus'', and by adding at the end the 
     following new paragraph:
       ``(36) the multiemployer plan contribution credit 
     determined under section 45R(a).''.
       (2) Special rules for carryback of credit.--
       (A) In general.--Section 39(a) of the Internal Revenue Code 
     of 1986 is amended by adding at the end the following new 
     paragraph:
       ``(4) Special rules for multiemployer plan contribution 
     credit.--Notwithstanding subsection (d), in the case of the 
     multiemployer plan contribution credit--
       ``(A) this section shall be applied separately from the 
     business credit (other than the multiemployer plan 
     contribution credit and the marginal oil and gas well 
     production credit),
       ``(B) paragraph (1) shall be applied by substituting by 
     substituting `each of the 10 taxable years' for `the taxable 
     year' in subparagraph (A) thereof; and
       ``(C) paragraph (2) shall be applied--
       ``(i) by substituting `30 taxable years' for `21 taxable 
     years' in subparagraph (A) thereof, and
       ``(ii) by substituting `29 taxable years' for `20 taxable 
     years' in subparagraph (B) thereof.''.

[[Page 2709]]

       (B) Conforming amendment.--Section 39(a)(3)(A) of such Code 
     is amended by inserting ``and the multiemployer plan 
     contribution credit'' after ``marginal oil and gas well 
     production credit''.
       (3) Treatment under alternative minimum tax.--
       (A) In general.--Section 38(c) of the Internal Revenue Code 
     of 1986 is amended by redesignating paragraph (5) as 
     paragraph (6) and by inserting after paragraph (4) the 
     following new paragraph:
       ``(5) Multiemployer plan contribution credit.--
       ``(A) In general.--In the case of the multiemployer plan 
     contribution credit--
       ``(i) this section and section 39 shall be applied 
     separately with respect to such credit, and
       ``(ii) for purposes of applying paragraph (1) to such 
     credit--

       ``(I) 10 percent of the tentative minimum tax shall be 
     substituted for the tentative minimum tax under subparagraph 
     (A) thereof, and
       ``(II) the limitation under paragraph (1) (as modified by 
     subclause (I)) shall be reduced by the credit allowed by 
     subsection (a) for the taxable year (other than the 
     multiemployer plan contribution credit).

       ``(B) Multiemployer plan contribution credit.--For purposes 
     of this paragraph, the term `multiemployer plan contribution 
     credit' means the portion of the credit under subsection (a) 
     which is attributable to the credit determined under section 
     45R.''.
       (B) Conforming amendments.--
       (i) Section 38(c)(2)(A)(II) of such Code is amended by 
     striking ``and the specified credits'' and inserting ``the 
     specified credits, and the multiemployer plan contribution 
     credit''.
       (ii) Section 38(c)(3)(A)(II) of such Code is amended by 
     striking ``and the specified credits'' and inserting ``the 
     specified credits, and the multiemployer plan contribution 
     credit''.
       (iii) Section 38(c)(4)(A)(II) of such Code is amended by 
     striking ``the specified credits'' and inserting ``the 
     specified credits and the multiemployer plan contribution 
     credit''.
       (c) Conforming Amendments.--Subsection (c) of section 196 
     of the Internal Revenue Code of 1986 is amended by striking 
     ``and'' at the end of paragraph (12), by striking the period 
     at the end of paragraph (13) and inserting ``, and'', and by 
     adding at the end the following new paragraph:
       ``(14) the multiemployer plan contribution credit 
     determined under section 45R(a).''.
       (d) Clerical Amendment.--The table of sections for subpart 
     D of part IV of subchapter A of chapter 1 of the Internal 
     Revenue Code of 1986 is amended by adding at the end the 
     following new item:

``Sec. 45R. Multiemployer plan contribution credit.''.

       (e) Effective Date.--The amendments made by this section 
     shall apply to contributions made to qualified multiemployer 
     plans on or after January 1, 2010.
                                 ______
                                 
  SA 3416. Mrs. LINCOLN (for herself and Mr. Voinovich) submitted an 
amendment intended to be proposed to amendment SA 3336 proposed by Mr. 
Baucus to the bill 4213, to amend the Internal Revenue Code of 1986 to 
extend certain expiring provisions, and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 268, between lines 11 and 12, insert the following:

     SEC. __. GRANTS FOR ENERGY EFFICIENT APPLIANCES IN LIEU OF 
                   TAX CREDIT.

       In the case of any taxable year which includes the last day 
     of calendar year 2009 or calendar year 2010, a taxpayer who 
     elects to waive the credit which would otherwise be 
     determined with respect to the taxpayer under section 45M of 
     the Internal Revenue Code of 1986 for such taxable year shall 
     be treated as making a payment against the tax imposed under 
     subtitle A of such Code for such taxable year in an amount 
     equal to 85 percent of the amount of the credit which would 
     otherwise be so determined. Such payment shall be treated as 
     made on the later of the due date of the return of such tax 
     or the date on which such return is filed. Elections under 
     this section may be made separately for 2009 and 2010, but 
     once made shall be irrevocable.
                                 ______
                                 
  SA 3417. Mr. REID (for himself, Mr. Ensign, Mrs. Feinstein, Mr. 
Hatch, Mr. Crapo, and Mrs. Boxer) submitted an amendment intended to be 
proposed to amendment SA 3336 proposed by Mr. Baucus to the bill H.R. 
4213, to amend the Internal Revenue Code of 1986 to extend certain 
expiring provisions, and for other purposes; as follows:

       At the end of title VI, add the following:

     SEC. 6__. ALLOCATION OF GEOTHERMAL RECEIPTS.

       Nothwithstanding any other provision of law, for fiscal 
     year 2010 only, all funds received from sales, bonuses, 
     royalties, and rentals under the Geothermal Steam Act of 1970 
     (30 U.S.C. 1001 et seq.) shall be deposited in the Treasury, 
     of which--
       (1) 50 percent shall be used by the Secretary of the 
     Treasury to make payments to States within the boundaries of 
     which the leased land and geothermal resources are located;
       (2) 25 percent shall be used by the Secretary of the 
     Treasury to make payments to the counties within the 
     boundaries of which the leased land or geothermal resources 
     are located; and
       (3) 25 percent shall be deposited in miscellaneous 
     receipts.
                                 ______
                                 
  SA 3418. Ms. SNOWE submitted an amendment intended to be proposed to 
amendment SA 3336 proposed by Mr. Baucus to the bill H.R. 4213, to 
amend the Internal Revenue Code of 1986 to extend certain expiring 
provisions, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the end, add the following:

                TITLE VIII--SMALL BUSINESS JOB CREATION

     SEC. 801. SHORT TITLE.

       This title may be cited as the ``Small Business Job 
     Creation Act of 2010''.

                 Subtitle A--Small Business Tax Reform

     SEC. 811. EXTENSION OF INCREASE IN EXPENSING OF CERTAIN 
                   DEPRECIABLE BUSINESS ASSETS.

       (a) In General.--Subsection (b) of section 179 of the 
     Internal Revenue Code of 1986 is amended--
       (1) by striking ``($125,000 in the case of taxable years 
     beginning after 2006 and before 2011)'' in paragraph (1) and 
     inserting ``($250,000 in the case of taxable years beginning 
     after 2007 and before 2015)'',
       (2) by striking ``($500,000 in the case of taxable years 
     beginning after 2006 and before 2011)'' in paragraph (2) and 
     inserting ``($800,000 in the case of taxable years beginning 
     after 2007 and before 2015)'',
       (3) by striking paragraphs (5) and (7), and
       (4) by redesignating paragraph (6) as paragraph (5).
       (b) Extension of Expensing of Computer Software.--Section 
     179(d)(1)(A)(ii) of the Internal Revenue Code of 1986 is 
     amended by striking ``2011'' and inserting ``2015''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after December 31, 
     2009.

     SEC. 812. INCREASED EXCLUSION AND OTHER MODIFICATIONS 
                   APPLICABLE TO QUALIFIED SMALL BUSINESS STOCK.

       (a) Increased Exclusion.--
       (1) In general.--Subsection (a) of section 1202 of the 
     Internal Revenue Code of 1986 (relating partial exclusion for 
     gain from certain small business stock) is amended to read as 
     follows:
       ``(a) Exclusion.--Gross income shall not include 100 
     percent of any gain from the sale or exchange of qualified 
     small business stock held for more than 4 years.''.
       (2) Rule relating to stock held among members of controlled 
     group.--Subsection (c) of section 1202 of such Code is 
     amended by adding at the end the following new paragraph:
       ``(4) Stock held among members of 25-percent controlled 
     group not eligible.--
       ``(A) In general.--Stock of a member of a 25-percent 
     controlled group shall not be treated as qualified small 
     business stock while held by another member of such group.
       ``(B) 25-percent controlled group.--For purposes of 
     subparagraph (A), the term `25-percent controlled group' 
     means any controlled group of corporations as defined in 
     section 1563(a)(1), except that--
       ``(i) `more than 25 percent' shall be substituted for `at 
     least 80 percent' each place it appears in section 
     1563(a)(1), and
       ``(ii) section 1563(a)(4) shall not apply.''.
       (3) Conforming amendments.--
       (A) Subsections (b)(2), (g)(2)(A), and (j)(1)(A) of section 
     1202 of such Code are each amended by striking ``5 years'' 
     and inserting ``4 years''.
       (B) The heading for section 1202 of such Code is amended by 
     striking ``partial''.
       (C) The item relating to section 1202 in the table of 
     sections for part I of subchapter P of chapter 1 of such Code 
     is amended by striking ``Partial exclusion'' and inserting 
     ``Exclusion''.
       (D) Section 1223(13) of such Code is amended by striking 
     ``1202(a)(2),''.
       (b) Repeal of Minimum Tax Preference.--
       (1) In general.--Subsection (a) of section 57 of the 
     Internal Revenue Code of 1986 (relating to items of tax 
     preference) is amended by striking paragraph (7).
       (2) Technical amendment.--Subclause (II) of section 
     53(d)(1)(B)(ii) of such Code is amended by striking ``, (5), 
     and (7)'' and inserting ``and (5)''.
       (c) Repeal of 28 Percent Capital Gains Rate on Qualified 
     Small Business Stock.--
       (1) In general.--Subparagraph (A) of section 1(h)(4) of the 
     Internal Revenue Code of 1986 is amended to read as follows:
       ``(A) collectibles gain, over''.
       (2) Conforming amendments.--
       (A) Section 1(h) of such Code is amended by striking 
     paragraph (7).
       (B)(i) Section 1(h) of such Code is amended by 
     redesignating paragraphs (8), (9), (10), (11), (12), and (13) 
     as paragraphs (7), (8), (9), (10), (11), and (12), 
     respectively.
       (ii) Sections 163(d)(4)(B), 854(b)(5), 857(c)(2)(D) of such 
     Code are each amended by striking ``section 1(h)(11)(B)'' and 
     inserting ``section 1(h)(10)(B)''.

[[Page 2710]]

       (iii) The following sections of such Code are each amended 
     by striking ``section 1(h)(11)'' and inserting ``section 
     1(h)(10)'':
       (I) Section 301(f)(4).
       (II) Section 306(a)(1)(D).
       (III) Section 584(c).
       (IV) Section 702(a)(5).
       (V) Section 854(a).
       (VI) Section 854(b)(2).
       (iv) The heading of section 857(c)(2) is amended by 
     striking ``1(h)(11)'' and inserting ``1(h)(10)''.
       (d) Increase Aggregate Asset Limitation for Qualified Small 
     Businesses.--
       (1) In general.--Paragraph (1) of section 1202(d) of the 
     Internal Revenue Code of 1986 (relating to qualified small 
     business) is amended by striking ``$50,000,000'' each place 
     it appears and inserting ``$100,000,000''.
       (2) Inflation adjustment.--Section 1202(d) of such Code is 
     amended by adding at the end the following new paragraph:
       ``(4) Inflation adjustment.--
       ``(A) In general.--In the case of any taxable year 
     beginning in a calendar year after 2009, each of the 
     $100,000,000 dollar amounts in paragraph (1) shall be 
     increased by an amount equal to--
       ``(i) such dollar amount, multiplied by
       ``(ii) the cost-of-living adjustment determined under 
     section 1(f)(3) for the calendar year in which the taxable 
     year begins, determined by substituting `calendar year 2008' 
     for `calendar year 1992' in subparagraph (B) thereof.
       ``(B) Rounding.--If any amount as adjusted under 
     subparagraph (A) is not a multiple of $1,000, such amount 
     shall be rounded to the next lowest multiple of $100.''.
       (e) Treatment of Stock Owned by Small Business Investment 
     Companies.--Section 1202(c) of the Internal Revenue Code of 
     1986 (defining qualified small business stock) is amended by 
     adding at the end the following new paragraph:
       ``(4) Treatment of stock owned by small business investment 
     companies.--Notwithstanding any other provision of this 
     subsection or subsection (e), the term `qualified small 
     business stock' shall include stock of a corporation held by 
     a small business investment company licensed and operating 
     under the Small Business Investment Act of 1958 (15 U.S.C. 
     661 et seq.) or held by a company engaged in the licensing 
     process under such Act where the investment has been approved 
     by the Small Business Administration.''.
       (f) Effective Date.--
       (1) In general.--The amendments made by this section apply 
     to stock issued after December 31, 2009.
       (2) Special rule for stock issued before january 1, 2010.--
     The amendments made by subsections (a), (b), and (c) shall 
     apply to sales or exchanges--
       (A) made after December 31, 2009,
       (B) of stock issued before such date,
       (C) by a taxpayer other than a corporation.

                     Subtitle B--Access to Capital

     SEC. 821. SHORT TITLE.

       This subtitle may be cited as the ``Small Business Job 
     Creation and Access to Capital Act of 2010''.

         PART I--NEXT STEPS FOR MAIN STREET CREDIT AVAILABILITY

     SEC. 822. SECTION 7(A) BUSINESS LOANS.

       (a) Amendment.--Section 7(a) of the Small Business Act (15 
     U.S.C. 636(a)) is amended--
       (1) in paragraph (2)(A)--
       (A) in clause (i), by striking ``75 percent'' and inserting 
     ``90 percent''; and
       (B) in clause (ii), by striking ``85 percent'' and 
     inserting ``90 percent''; and
       (2) in paragraph (3)(A), by striking ``$1,500,000 (or if 
     the gross loan amount would exceed $2,000,000'' and inserting 
     ``$4,500,000 (or if the gross loan amount would exceed 
     $5,000,000''.
       (b) Prospective Repeal.--Effective January 1, 2011, section 
     7(a) of the Small Business Act (15 U.S.C. 636(a)) is 
     amended--
       (1) in paragraph (2)(A)--
       (A) in clause (i), by striking ``90 percent'' and inserting 
     ``75 percent''; and
       (B) in clause (ii), by striking ``90 percent'' and 
     inserting ``85 percent''; and
       (2) in paragraph (3)(A), by striking ``$4,500,000'' and 
     inserting ``$3,750,000''.

     SEC. 823. MAXIMUM LOAN AMOUNTS UNDER 504 PROGRAM.

       Section 502(2)(A) of the Small Business Investment Act of 
     1958 (15 U.S.C. 696(2)(A)) is amended--
       (1) in clause (i), by striking ``$1,500,000'' and inserting 
     ``$5,000,000'';
       (2) in clause (ii), by striking ``$2,000,000'' and 
     inserting ``$5,000,000'';
       (3) in clause (iii), by striking ``$4,000,000'' and 
     inserting ``$5,500,000'';
       (4) in clause (iv), by striking ``$4,000,000'' and 
     inserting ``$5,500,000''; and
       (5) in clause (v), by striking ``$4,000,000'' and inserting 
     ``$5,500,000''.

     SEC. 824. MAXIMUM LOAN LIMITS UNDER MICROLOAN PROGRAM.

       Section 7(m) of the Small Business Act (15 U.S.C. 636(m)) 
     is amended--
       (1) in paragraph (1)(B)(iii), by striking ``$35,000'' and 
     inserting ``$50,000'';
       (2) in paragraph (3)--
       (A) in subparagraph (C), by striking ``$3,500,000'' and 
     inserting ``$5,000,000''; and
       (B) in subparagraph (E), by striking ``$35,000'' each place 
     that term appears and inserting ``$50,000''; and
       (3) in paragraph (11)(B), by striking ``$35,000'' and 
     inserting ``$50,000''.

     SEC. 825. NEW MARKETS VENTURE CAPITAL COMPANY INVESTMENT 
                   LIMITATIONS.

       Section 355 of the Small Business Investment Act of 1958 
     (15 U.S.C. 689d) is amended by adding at the end the 
     following:
       ``(e) Investment Limitations.--
       ``(1) Definition.--In this subsection, the term `covered 
     New Markets Venture Capital company' means a New Markets 
     Venture Capital company--
       ``(A) granted final approval by the Administrator under 
     section 354(e) on or after March 1, 2002; and
       ``(B) that has obtained a financing from the Administrator.
       ``(2) Limitation.--Except to the extent approved by the 
     Administrator, a covered New Markets Venture Capital company 
     may not acquire or issue commitments for securities under 
     this title for any single enterprise in an aggregate amount 
     equal to more than 10 percent of the sum of--
       ``(A) the regulatory capital of the covered New Markets 
     Venture Capital company; and
       ``(B) the total amount of leverage projected in the 
     participation agreement of the covered New Markets Venture 
     Capital.''.

     SEC. 826. ALTERNATIVE SIZE STANDARDS.

       Section 3(a) of the Small Business Act (15 U.S.C. 632(a)) 
     is amended by adding at the end the following:
       ``(5) Alternative Size Standard.--
       ``(A) In general.--The Administrator shall establish an 
     alternative size standard for applicants for business loans 
     under section 7(a) and applicants for development company 
     loans under title V of the Small Business Investment Act of 
     1958 (15 U.S.C. 695 et seq.), that uses maximum tangible net 
     worth and average net income as an alternative to the use of 
     industry standards.
       ``(B) Interim rule.--Until the date on which the 
     alternative size standard established under subparagraph (A) 
     is in effect, an applicant for a business loan under section 
     7(a) or an applicant for a development company loan under 
     title V of the Small Business Investment Act of 1958 may be 
     eligible for such a loan if--
       ``(i) the maximum tangible net worth of the applicant is 
     not more than $15,000,000; and
       ``(ii) the average net income after Federal income taxes 
     (excluding any carry-over losses) of the applicant for the 2 
     full fiscal years before the date of the application is not 
     more than $5,000,000.''.

     SEC. 827. SALE OF 7(A) LOANS IN SECONDARY MARKET.

       Section 5(g) of the Small Business Act (15 U.S.C. 634(g)) 
     is amended by adding at the end the following:
       ``(6) If the amount of the guaranteed portion of any loan 
     under section 7(a) is more than $500,000, the Administrator 
     shall, upon request of a pool assembler, divide the loan 
     guarantee into increments of $500,000 and 1 increment of any 
     remaining amount less than $500,000, in order to permit the 
     maximum amount of any loan in a pool to be not more than 
     $500,000. Only 1 increment of any loan guarantee divided 
     under this paragraph may be included in the same pool. 
     Increments of loan guarantees to different borrowers that are 
     divided under this paragraph may be included in the same 
     pool.''.

     SEC. 828. ONLINE LENDING PLATFORM.

       It is the sense of Congress that the Administrator of the 
     Small Business Administration should establish a website 
     that--
       (1) lists each lender that makes loans guaranteed by the 
     Small Business Administration and provides information about 
     the loan rates of each such lender; and
       (2) allows prospective borrowers to compare rates on loans 
     guaranteed by the Small Business Administration.

               PART II--SMALL BUSINESS ACCESS TO CAPITAL

     SEC. 829. LOW-INTEREST REFINANCING UNDER THE LOCAL 
                   DEVELOPMENT BUSINESS LOAN PROGRAM.

       (a) Refinancing.--Section 502(7) of the Small Business 
     Investment Act of 1958 (15 U.S.C. 696(7)) is amended by 
     adding at the end the following:
       ``(C) Refinancing not involving expansions.--
       ``(i) Definitions.--In this subparagraph--

       ``(I) the term `borrower' means a small business concern 
     that submits an application to a development company for 
     financing under this subparagraph;
       ``(II) the term `eligible fixed asset' means tangible 
     property relating to which the Administrator may provide 
     financing under this section; and
       ``(III) the term `qualified debt' means indebtedness--

       ``(aa) that--
       ``(AA) was incurred not less than 2 years before the date 
     of the application for assistance under this subparagraph;
       ``(BB) is a commercial loan;
       ``(CC) is not subject to a guarantee by a Federal agency;
       ``(DD) the proceeds of which were used to acquire an 
     eligible fixed asset;
       ``(EE) was incurred for the benefit of the small business 
     concern; and
       ``(FF) is collateralized by eligible fixed assets; and
       ``(bb) for which the borrower has been current on all 
     payments for not less than 1 year before the date of the 
     application.

[[Page 2711]]

       ``(ii) Authority.--A project that does not involve the 
     expansion of a small business concern may include the 
     refinancing of qualified debt if--

       ``(I) the amount of the financing is not more than 80 
     percent of the value of the collateral for the financing, 
     except that, if the appraised value of the eligible fixed 
     assets serving as collateral for the financing is less than 
     the amount equal to 125 percent of the amount of the 
     financing, the borrower may provide additional cash or other 
     collateral to eliminate any deficiency;
       ``(II) the borrower has been in operation for all of the 2-
     year period ending on the date of the loan; and
       ``(III) for a financing for which the Administrator 
     determines there will be an additional cost attributable to 
     the refinancing of the qualified debt, the borrower agrees to 
     pay a fee in an amount equal to the anticipated additional 
     cost.

       ``(iii) Financing for business expenses.--

       ``(I) Financing for business expenses.--The Administrator 
     may provide financing to a borrower that receives financing 
     that includes a refinancing of qualified debt under clause 
     (ii), in addition to the refinancing under clause (ii), to be 
     used solely for the payment of business expenses.
       ``(II) Application for financing.--An application for 
     financing under subclause (I) shall include--

       ``(aa) a specific description of the expenses for which the 
     additional financing is requested; and
       ``(bb) an itemization of the amount of each expense.

       ``(III) Condition on additional financing.--A borrower may 
     not use any part of the financing under this clause for non-
     business purposes.

       ``(iv) Loans based on jobs.--

       ``(I) Job creation and retention goals.--

       ``(aa) In general.--The Administrator may provide financing 
     under this subparagraph for a borrower that meets the job 
     creation goals under subsection (d) or (e) of section 501.
       ``(bb) Alternate job retention goal.--The Administrator may 
     provide financing under this subparagraph to a borrower that 
     does not meet the goals described in item (aa) in an amount 
     that is not more than the product obtained by multiplying the 
     number of employees of the borrower by $65,000.

       ``(II) Number of employees.--For purposes of subclause (I), 
     the number of employees of a borrower is equal to the sum 
     of--

       ``(aa) the number of full-time employees of the borrower on 
     the date on which the borrower applies for a loan under this 
     subparagraph; and
       ``(bb) the product obtained by multiplying--
       ``(AA) the number of part-time employees of the borrower on 
     the date on which the borrower applies for a loan under this 
     subparagraph; by
       ``(BB) the quotient obtained by dividing the average number 
     of hours each part time employee of the borrower works each 
     week by 40.
       ``(v) Nondelegation.--Notwithstanding section 508(e), the 
     Administrator may not permit a premier certified lender to 
     approve or disapprove an application for assistance under 
     this subparagraph.
       ``(vi) Total amount of loans.--The Administrator may 
     provide not more than a total of $4,000,000,000 of financing 
     under this subparagraph for each fiscal year.''.
       (b) Prospective Repeal.--Effective 2 years after the date 
     of enactment of this Act, section 502(7) of the Small 
     Business Investment Act of 1958 (15 U.S.C. 696(7)) is amended 
     by striking subparagraph (C).
       (c) Technical Correction.--Section 502(2)(A)(i) of the 
     Small Business Investment Act of 1958 (15 U.S.C. 
     696(2)(A)(i)) is amended by striking ``subparagraph (B) or 
     (C)'' and inserting ``clause (ii), (iii), (iv), or (v)''.

                  Subtitle C--Small Business Exporting

     SEC. 831. SHORT TITLE.

       This subtitle may be cited as the ``Small Business Export 
     Enhancement and International Trade Act of 2010''.

     SEC. 832. DEFINITIONS.

       (a) Definitions.--In this subtitle--
       (1) the terms ``Administration'' and ``Administrator'' mean 
     the Small Business Administration and the Administrator 
     thereof, respectively;
       (2) the term ``Associate Administrator'' means the 
     Associate Administrator for International Trade appointed 
     under section 22(a)(2) of the Small Business Act, as amended 
     by this Act;
       (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 ``rural small business concern'' means a small 
     business concern located in a rural area, as that term is 
     defined in section 1393(a)(2) of the Internal Revenue Code of 
     1986; and
       (5) the term ``small business concern'' has the meaning 
     given that term under section 3 of the Small Business Act (15 
     U.S.C. 632).
       (b) Technical and Conforming Amendments.--
       (1) Definitions.--Section 3 of the Small Business Act (15 
     U.S.C. 632) is amended by adding at the end the following:
       ``(t) Small Business Development Center.--In this Act, the 
     term `small business development center' means a small 
     business development center described in section 21.
       ``(u) Region of the Administration.--In this Act, the term 
     `region of the Administration' means the geographic area 
     served by a regional office of the Administration established 
     under section 4(a).''.
       (2) Conforming amendment.--Section 4(b)(3)(B)(x) of the 
     Small Business Act (15 U.S.C. 633(b)(3)(B)(x)) is amended by 
     striking ``Administration district and region'' and inserting 
     ``district and region of the Administration''.

     SEC. 833. OFFICE OF 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)--
       (A) in paragraph (1), as so designated, by striking the 
     period and inserting ``for the primary purposes of 
     increasing--
       ``(A) the number of small business concerns that export; 
     and
       ``(B) the volume of exports by small business concerns.''; 
     and
       (B) 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.''.
       (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. 834. DUTIES OF THE OFFICE OF INTERNATIONAL TRADE.

       (a) Amendments to Section 22.--Section 22 of the Small 
     Business Act (15 U.S.C. 649) is amended--
       (1) by striking subsection (b) and inserting the following:
       ``(b) Trade Distribution Network.--The Associate 
     Administrator, working in close cooperation with the 
     Secretary of Commerce, the United States Trade 
     Representative, the Export-Import Bank of the United States, 
     the Overseas Private Investment Corporation, and other 
     relevant Federal agencies, small business development centers 
     engaged in export promotion efforts, Export Assistance 
     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, using regional and 
     district offices of the Administration, the small business 
     development center network, networks of women's business 
     centers, the Service Corps of Retired Executives authorized 
     by section 8(b)(1), 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) aggressively market the programs described in 
     paragraph (1) and disseminate information, including 
     computerized marketing data, to small business concerns on 
     exporting trends, market-specific growth, industry trends, 
     and international prospects for exports;

[[Page 2712]]

       ``(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 partners in the private 
     sector; and
       ``(4) give preference in hiring or approving the transfer 
     of any employee into the Office or to a position described in 
     subsection (c)(9) to otherwise qualified applicants who are 
     fluent in a language in addition to English, to--
       ``(A) accompany small business concerns on foreign trade 
     missions; and
       ``(B) translate documents, interpret conversations, and 
     facilitate multilingual transactions, including by providing 
     referral lists for translation services, if required.'';
       (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 (3), as so redesignated, by striking 
     ``assist small businesses in the formation and utilization 
     of'' and inserting ``assist small business concerns in 
     forming and using'';
       (F) in paragraph (4), as so redesignated--
       (i) by striking ``local'' and inserting ``district'';
       (ii) by striking ``existing'';
       (iii) by striking ``Small Business Development Center 
     network'' and inserting ``small business development center 
     network''; and
       (iv) by striking ``Small Business Development Center 
     Program'' and inserting ``small business development center 
     program'';
       (G) in paragraph (5), as so redesignated--
       (i) in subparagraph (A), by striking ``Gross State 
     Produce'' and inserting ``Gross State Product'';
       (ii) in subparagraph (B), by striking ``SIC'' each place it 
     appears and inserting ``North American Industry 
     Classification System''; and
       (iii) in subparagraph (C), by striking ``small businesses'' 
     and inserting ``small business concerns'';
       (H) in paragraph (6), as so redesignated, by striking the 
     period at the end and inserting a semicolon;
       (I) in paragraph (7), as so redesignated--
       (i) in the matter preceding subparagraph (A)--

       (I) by inserting ``concerns'' after ``small business''; and
       (II) by striking ``current'' and inserting ``up to date'';

       (ii) in subparagraph (A), by striking ``Administration's 
     regional offices'' and inserting ``regional and district 
     offices of the Administration'';
       (iii) in subparagraph (B) by striking ``current'';
       (iv) in subparagraph (C), by striking ``current''; and
       (v) by striking ``small businesses'' each place that term 
     appears and inserting ``small business concerns'';
       (J) in paragraph (8), as so redesignated, by striking and 
     at the end;
       (K) 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 ``person in each district office. Such 
     specialists'' and inserting ``individual in each district 
     office and providing each Administration regional office with 
     a full-time export development specialist, who'';

       (ii) in subparagraph (B)--

       (I) by striking ``current''; and
       (II) by striking ``with'' and inserting ``in'';

       (iii) in subparagraph (D)--

       (I) by striking ``Administration personnel involved in 
     granting'' and inserting ``personnel of the Administration 
     involved in making''; and
       (II) by striking ``and'' at the end;

       (iv) in subparagraph (E)--

       (I) by striking ``small businesses' needs'' and inserting 
     ``the needs of small business concerns''; and
       (II) by striking the period at the end and inserting a 
     semicolon;

       (v) 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, women's business centers, the Export-
     Import Bank of the United States, the Overseas Private 
     Investment Corporation, and other relevant Federal 
     agencies;''; and
       (vi) by striking ``small businesses'' each place that term 
     appears and inserting ``small business concerns''; and
       (L) by adding at the end the following:
       ``(10) make available on the website of the Administration 
     the name and contact information of each individual described 
     in paragraph (9);
       ``(11) carry out a nationwide marketing effort using 
     technology, online resources, training, and other strategies 
     to promote exporting as a business development opportunity 
     for small business concerns;
       ``(12) disseminate 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 authorized by section 8(b)(1), State and local 
     export promotion programs, and partners in the private sector 
     regarding exporting trends, market-specific growth, industry 
     trends, and prospects for exporting; and
       ``(13) establish and carry out training programs for the 
     staff of the regional and district offices of the 
     Administration and resource partners of the Administration on 
     export promotion and providing assistance relating to 
     exports.'';
       (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''; and
       (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) a detailed account of the results of export growth 
     activities of the Administration, including the activities of 
     each district and regional office of the Administration, 
     based on the performance measures described in subsection 
     (i);
       ``(3) an estimate of the total number of jobs created or 
     retained as a result of export assistance provided by the 
     Administration and resource partners of the Administration;
       ``(4) 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
       ``(5) 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 added by section 833 
     of this Act, the following:
       ``(i) Export and Trade Counseling.--
       ``(1) Definition.--In this subsection--
       ``(A) the term `lead small business development center' 
     means a small business development center that has received a 
     grant from the Administration; and
       ``(B) the term `lead women's business center' means a 
     women's business center that has received a grant from the 
     Administration.

[[Page 2713]]

       ``(2) Certification program.--The Administrator shall 
     establish an export and trade counseling certification 
     program to certify employees of lead small business 
     development centers and lead women's business centers in 
     providing export assistance to small business concerns.
       ``(3) Number of certified employees.--The Administrator 
     shall ensure that the number of employees of each lead small 
     business development center who are certified in providing 
     export assistance is not less than the lesser of--
       ``(A) 5; or
       ``(B) 10 percent of the total number of employees of the 
     lead small business development center.
       ``(4) Reimbursement for certification.--
       ``(A) In general.--Subject to the availability of 
     appropriations, the Administrator shall reimburse a lead 
     small business development center or a lead women's business 
     center for costs relating to the certification of an employee 
     of the lead small business center or lead women's business 
     center in providing export assistance under the program 
     established under paragraph (2).
       ``(B) Limitation.--The total amount reimbursed by the 
     Administrator under subparagraph (A) may not exceed $350,000 
     in any fiscal year.
       ``(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;
       ``(E) the number of small business concerns referred to the 
     Administration by an Export Assistance Center or a small 
     business development center; and
       ``(F) the number of small business concerns referred to the 
     Export-Import Bank of the United States or to the Overseas 
     Private Investment Corporation by the staff of the Office, an 
     Export Assistance Center, or a small business development 
     center.
       ``(2) Joint performance measures.--The Associate 
     Administrator shall develop joint performance measures for 
     the district offices of the Administration and the Export 
     Assistance Centers that include the number of export loans 
     made under--
       ``(A) section 7(a)(16);
       ``(B) the Export Working Capital Program established under 
     section 7(a)(14);
       ``(C) the Preferred Lenders Program, as defined in section 
     7(a)(2)(C)(ii); and
       ``(D) the export express program established under section 
     7(a)(34).
       ``(3) 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 developed 
     under paragraph (1), that is consistent with systems used by 
     the departments and agencies and the network.''.
       (b) 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.
       (c) 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, during the period beginning on October 1, 
     2004, and ending on the date of enactment of the Act, 
     including the destination of such travel and the benefits to 
     the Administration and to small business concerns resulting 
     from such travel.

     SEC. 835. EXPORT ASSISTANCE CENTERS.

       (a) Export Assistance Centers.--Section 22 of the Small 
     Business Act (15 U.S.C. 649), as amended by section 834 of 
     this Act, is amended by adding at the end the following:
       ``(k) Export Assistance Centers.--
       ``(1) Export finance specialists.--
       ``(A) Minimum number of export finance specialists.--On and 
     after January 1, 2010, the Administrator, in coordination 
     with the Secretary of Commerce, shall ensure that the number 
     of export finance specialists is not less than the number of 
     such employees so assigned on January 1, 2003.
       ``(B) Export finance specialists assigned to each region of 
     the administration.--On and after the date that is 2 years 
     after the date of enactment of this subsection, the 
     Administrator, in coordination with the Secretary of 
     Commerce, shall ensure that there are not fewer than 3 export 
     finance specialists in each region of the Administration.
       ``(2) Placement of export finance specialists.--
       ``(A) Priority.--The Administrator shall give priority, to 
     the maximum extent practicable, to placing employees of the 
     Administration at any Export Assistance Center that--
       ``(i) had an Administration employee assigned to the Export 
     Assistance Center before January 2003; and
       ``(ii) 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.
       ``(B) 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.
       ``(C) Rule of construction.--Nothing in this subsection may 
     be construed to require the Administrator to reassign or 
     remove an export finance specialist who is assigned to an 
     Export Assistance Center on the date of enactment of this 
     subsection.
       ``(3) Goals.--The Associate Administrator shall work with 
     the Department of Commerce, the Export-Import Bank of the 
     United States, and the Overseas Private Investment 
     Corporation to establish shared annual goals for the Export 
     Assistance Centers.
       ``(4) Oversight.--The Associate Administrator shall 
     designate an individual within the Administration to oversee 
     all activities conducted by Administration employees assigned 
     to Export Assistance Centers.
       ``(l) 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));
       ``(3) the term `export finance specialist' means a full-
     time equivalent employee of the Office assigned to an Export 
     Assistance Center to carry out the duties described in 
     subsection (e); and
       ``(4) the term `Office' means the Office of International 
     Trade established under subsection (a)(1).''.
       (b) Study and Report on Filling Gaps in High-and-Low-Export 
     Volume Areas.--
       (1) Study and report.--Not later than 6 months after the 
     date of enactment of this Act, and every 2 years thereafter, 
     the Administrator shall--
       (A) conduct a study of--
       (i) the volume of exports for each State;
       (ii) the availability of export finance specialists in each 
     State;
       (iii) the number of exporters in each State that are small 
     business concerns;
       (iv) the percentage of exporters in each State that are 
     small business concerns;
       (v) the change, if any, in the number of exporters that are 
     small business concerns in each State--

       (I) for the first study conducted under this subparagraph, 
     during the 10-year period ending on the date of enactment of 
     this Act; and
       (II) for each subsequent study, during the 10-year period 
     ending on the date the study is commenced;

       (vi) the total value of the exports in each State by small 
     business concerns;
       (vii) the percentage of the total volume of exports in each 
     State that is attributable to small business concerns; and
       (viii) the change, if any, in the percentage of the total 
     volume of exports in each State that is attributable to small 
     business concerns--

       (I) for the first study conducted under this subparagraph, 
     during the 10-year period ending on the date of enactment of 
     this Act; and
       (II) for each subsequent study, during the 10-year period 
     ending on the date the study is commenced; and

[[Page 2714]]

       (B) submit to the Committee on Small Business and 
     Entrepreneurship of the Senate and the Committee on Small 
     Business of the House of Representatives a report 
     containing--
       (i) the results of the study under subparagraph (A);
       (ii) to the extent practicable, a recommendation regarding 
     how to eliminate gaps between the supply of and demand for 
     export finance specialists in the 15 States that have the 
     greatest volume of exports, based upon the most recent data 
     available from the Department of Commerce;
       (iii) to the extent practicable, a recommendation regarding 
     how to eliminate gaps between the supply of and demand for 
     export finance specialists in the 15 States that have the 
     lowest volume of exports, based upon the most recent data 
     available from the Department of Commerce; and
       (iv) such additional information as the Administrator 
     determines is appropriate.
       (2) Definition.--In this subsection, the term ``export 
     finance specialist'' has the meaning given that term in 
     section 22(l) of the Small Business Act, as added by this 
     Act.

     SEC. 836. INTERNATIONAL TRADE FINANCE PROGRAMS.

       (a) Loan Limits.--
       (1) Total amount outstanding.--Section 7(a)(3)(B) of the 
     Small Business Act (15 U.S.C. 636(a)(3)(B)) is amended by 
     striking ``$1,750,000, of which not more than $1,250,000'' 
     and inserting ``$4,500,000 (or if the gross loan amount would 
     exceed $5,000,000), of which not more than $4,000,000''.
       (2) Participation.--Section 7(a)(2) of the Small Business 
     Act (15 U.S.C. 636(a)(2)) is amended--
       (A) in subparagraph (A), in the matter preceding clause 
     (i), by striking ``subparagraph (B)'' and inserting 
     ``subparagraphs (B), (D), and (E)'';
       (B) in subparagraph (D), by striking ``Notwithstanding 
     subparagraph (A), in'' and inserting ``In''; and
       (C) by adding at the end the following:
       ``(E) Participation in international trade loan.--In an 
     agreement to participate in a loan on a deferred basis under 
     paragraph (16), the participation by the Administration may 
     not exceed 90 percent.''.
       (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.''.
       (d) 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:
       ``(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.''.

       (e) 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.''.
       (f) 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.''.

       (g) Annual Listing of Export Finance Lenders.--Section 
     7(a)(16) of the Small Business Act (15 U.S.C. 636(a)(16)) is 
     amended by adding at the end the following:
       ``(F) List of export finance lenders.--
       ``(i) Publication of list required.--The Administrator 
     shall publish an annual list of the banks and participating 
     lending institutions that, during the 1-year period ending on 
     the date of publication of the list, have made loans 
     guaranteed by the Administration under--

       ``(I) this paragraph;
       ``(II) paragraph (14); or
       ``(III) paragraph (34).

       ``(ii) Availability of list.--The Administrator shall--

       ``(I) post the list published under clause (i) on the 
     website of the Administration; and
       ``(II) make the list published under clause (i) available, 
     upon request, at each district office of the 
     Administration.''.

       (h) Applicability.--The amendments made by subsections (a) 
     through (f) shall apply with respect to any loan made after 
     the date of enactment of this Act.

     SEC. 837. STATE TRADE AND EXPORT PROMOTION GRANT PROGRAM.

       (a) Definitions.--In this section--
       (1) the term ``eligible small business concern'' means a 
     small business concern that--
       (A) has been in business for not less than the 1-year 
     period ending on the date on which assistance is provided 
     using a grant under this section;
       (B) is operating profitably, based on operations in the 
     United States;
       (C) 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 Associate 
     Administrator;
       (D) has in effect a strategic plan for exporting; and
       (E) 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;
       (2) the term ``program'' means the State Trade and Export 
     Promotion Grant Program established under subsection (b);
       (3) the term ``small business concern owned and controlled 
     by women'' has the meaning given that term in section 3 of 
     the Small Business Act (15 U.S.C. 632);
       (4) the term ``socially and economically disadvantaged 
     small business concern'' has the meaning given that term in 
     section 8(a)(4)(A) of the Small Business Act (15 U.S.C. 
     6537(a)(4)(A)); and

[[Page 2715]]

       (5) the term ``State'' means each of the several States, 
     the District of Columbia, the Commonwealth of Puerto Rico, 
     the Virgin Islands, Guam, and American Samoa.
       (b) Establishment of Program.--The Associate Administrator 
     shall establish a 3-year trade and export promotion pilot 
     program to be known as the State Trade and Export Promotion 
     Grant Program, to make grants to States to carry out export 
     programs that assist eligible small business concerns in--
       (1) participation in a foreign trade mission;
       (2) a foreign market sales trip;
       (3) a subscription to services provided by the Department 
     of Commerce;
       (4) the payment of website translation fees;
       (5) the design of international marketing media;
       (6) a trade show exhibition;
       (7) participation in training workshops; or
       (8) any other export initiative determined appropriate by 
     the Associate Administrator.
       (c) Grants.--
       (1) Joint review.--In carrying out the program, the 
     Associate Administrator may make a grant to a State to 
     increase the number of eligible small business concerns in 
     the State that export or to increase the value of the exports 
     by eligible small business concerns in the State.
       (2) Considerations.--In making grants under this section, 
     the Associate Administrator may give priority to an 
     application by a State that proposes a program that--
       (A) focuses on eligible small business concerns as part of 
     an export promotion program;
       (B) demonstrates success in promoting exports by--
       (i) socially and economically disadvantaged small business 
     concerns;
       (ii) small business concerns owned or controlled by women; 
     and
       (iii) rural small business concerns;
       (C) promotes exports from a State that is not 1 of the 10 
     States with the highest percentage of exporters that are 
     small business concerns, based upon the latest data available 
     from the Department of Commerce; and
       (D) promotes new-to-market export opportunities to the 
     People's Republic of China for eligible small business 
     concerns in the United States.
       (3) Limitations.--
       (A) Single application.--A State may not submit more than 1 
     application for a grant under the program in any 1 fiscal 
     year.
       (B) Proportion of amounts.--The total value of grants under 
     the program made during a fiscal year to the 10 States with 
     the highest percentage of exporters that are small business 
     concerns, based upon the latest data available from the 
     Department of Commerce, shall be not more than 50 percent of 
     the amounts appropriated for the program for that fiscal 
     year.
       (4) Application.--A State desiring a grant under the 
     program shall submit an application at such time, in such 
     manner, and accompanied by such information as the Associate 
     Administrator may establish.
       (d) Competitive Basis.--The Associate Administrator shall 
     award grants under the program on a competitive basis.
       (e) Federal Share.--The Federal share of the cost of an 
     export program carried out using a grant under the program 
     shall be--
       (1) for a State that has a high export volume, as 
     determined by the Associate Administrator, not more than 65 
     percent; and
       (2) for a State that does not have a high export volume, as 
     determined by the Associate Administrator, not more than 75 
     percent.
       (f) Reports.--
       (1) Initial report.--Not later than 120 days after the date 
     of enactment of this Act, the Associate Administrator shall 
     submit to the Committee on Small Business and 
     Entrepreneurship of the Senate and the Committee on Small 
     Business of the House of Representatives a report, which 
     shall include--
       (A) a description of the structure of and procedures for 
     the program;
       (B) a management plan for the program; and
       (C) a description of the merit-based review process to be 
     used in the program.
       (2) Annual 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 regarding the 
     program, which shall include--
       (A) the number and amount of grants made under the program 
     during the preceding year;
       (B) a list of the States receiving a grant under the 
     program during the preceding year, including the activities 
     being performed with grant; and
       (C) the effect of each grant on exports by eligible small 
     business concerns in the State receiving the grant.
       (g) Reviews by Inspector General.--
       (1) In general.--The Inspector General of the 
     Administration shall conduct a review of--
       (A) the extent to which recipients of grants under the 
     program are measuring the performance of the activities being 
     conducted and the results of the measurements; and
       (B) the overall management and effectiveness of the 
     program.
       (2) Report.--Not later than September 30, 2012, the 
     Inspector General of the Administration shall submit to the 
     Committee on Small Business and Entrepreneurship of the 
     Senate and the Committee on Small Business of the House of 
     Representatives a report regarding the review conducted under 
     paragraph (1).
       (h) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out the program $15,000,000 for 
     each of fiscal years 2010, 2011, and 2012.
       (i) Termination.--The authority to carry out the program 
     shall terminate 3 years after the date on which the Associate 
     Administrator establishes the program.

     SEC. 838. RURAL EXPORT PROMOTION.

       Not later than 6 months after the date of enactment of this 
     Act, the Administrator, in consultation with the Secretary of 
     Agriculture and the Secretary of Commerce, shall submit to 
     the Committee on Small Business and Entrepreneurship of the 
     Senate and the Committee on Small Business of the House of 
     Representatives a report that contains--
       (1) a description of each program of the Administration 
     that promotes exports by rural small business concerns, 
     including--
       (A) the number of rural small business concerns served by 
     the program;
       (B) the change, if any, in the number of rural small 
     business concerns as a result of participation in the program 
     during the 10-year period ending on the date of enactment of 
     this Act;
       (C) the volume of exports by rural small business concerns 
     that participate in the program; and
       (D) the change, if any, in the volume of exports by rural 
     small businesses that participate in the program during the 
     10-year period ending on the date of enactment of this Act;
       (2) a description of the coordination between programs of 
     the Administration and other Federal programs that promote 
     exports by rural small business concerns;
       (3) recommendations, if any, for improving the coordination 
     described in paragraph (2);
       (4) a description of any plan by the Administration to 
     market the international trade financing programs of the 
     Administration through lenders that--
       (A) serve rural small business concerns; and
       (B) are associated with financing programs of the 
     Department of Agriculture;
       (5) recommendations, if any, for improving coordination 
     between the counseling programs and export financing programs 
     of the Administration, in order to increase the volume of 
     exports by rural small business concerns; and
       (6) any additional information the Administrator determines 
     is necessary.

     SEC. 839. INTERNATIONAL TRADE COOPERATION BY SMALL BUSINESS 
                   DEVELOPMENT CENTERS.

       Section 21(a) of the Small Business Act (15 U.S.C. 648(a)) 
     is amended--
       (1) by striking ``(2) The Small Business Development 
     Centers'' and inserting the following:
       ``(2) Cooperation to provide international trade 
     services.--
       ``(A) Information and services.--The small business 
     development centers''; and
       (2) in paragraph (2)--
       (A) in subparagraph (A), as so designated, by inserting 
     ``(including State trade agencies),'' after ``local 
     agencies''; and
       (B) by adding at the end the following:
       ``(B) Cooperation with state trade agencies and export 
     assistance centers.--A small business development center that 
     counsels a small business concern on issues relating to 
     international trade shall--
       ``(i) consult with State trade agencies and Export 
     Assistance Centers to provide appropriate services to the 
     small business concern; and
       ``(ii) as necessary, refer the small business concern to a 
     State trade agency or an Export Assistance Center for further 
     counseling or assistance.
       ``(C) Definition.--In this paragraph, the term `Export 
     Assistance Center' has the same meaning as in section 22.''.

     SEC. 840. SMALL BUSINESS TRADE POLICY.

       (a) 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.
       (b) 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.

              Subtitle D--Small Business Regulatory Reform

     SEC. 841. SHORT TITLE.

       This subtitle may be cited as the ``Job Impact Analysis Act 
     of 2010''.

     SEC. 842. FINDINGS.

       Congress finds the following:
       (1) A vibrant and growing small business sector is critical 
     to the recovery of the economy of the United States.

[[Page 2716]]

       (2) Regulations designed for application to large-scale 
     entities have been applied uniformly to small businesses and 
     other small entities, sometimes inhibiting the ability of 
     small entities to create new jobs.
       (3) Uniform Federal regulatory and reporting requirements 
     in many instances have imposed on small businesses and other 
     small entities unnecessary and disproportionately burdensome 
     demands, including legal, accounting, and consulting costs, 
     thereby threatening the viability of small entities and the 
     ability of small entities to compete and create new jobs in a 
     global marketplace.
       (4) Since 1980, Federal agencies have been required to 
     recognize and take account of the differences in the scale 
     and resources of regulated entities, but in many instances 
     have failed to do so.
       (5) In 2009, there were nearly 70,000 pages in the Federal 
     Register, and, according to research by the Office of 
     Advocacy of the Small Business Administration, the annual 
     cost of Federal regulations totals $1,100,000,000,000. Small 
     firms bear a disproportionate burden, paying approximately 45 
     percent, or $7,647, more per employee than larger firms in 
     annual regulatory compliance costs.
       (6) The Federal Government should fully consider the costs, 
     including indirect economic impacts and the potential for job 
     creation and job loss, of proposed rules.
       (7) It is the intention of Congress to amend chapter 6 of 
     title 5, United States Code, to ensure that all impacts, 
     including foreseeable indirect effects, of proposed and final 
     rules are considered by agencies during the rulemaking 
     process and that the agencies assess a full range of 
     alternatives that will limit adverse economic consequences, 
     enhance economic benefits, and fully address potential job 
     creation or job loss.
       (8) To the maximum extent practicable, the Director of the 
     Congressional Budget Office should, in certain estimates the 
     Director prepares with respect to bills or joint resolutions 
     reported by congressional committees, estimate the potential 
     job creation or job loss attributable to the bills or joint 
     resolutions.

     SEC. 843. JOB IMPACT STATEMENT FOR REPORTED BILLS AND JOINT 
                   RESOLUTIONS.

       Section 424 of the Congressional Budget and Impoundment 
     Control Act of 1974 (2 U.S.C. 658c) is amended--
       (1) in subsection (a)(2)--
       (A) in subparagraph (B), by striking ``and'' at the end;
       (B) in subparagraph (C), by striking the period at the end 
     and inserting ``; and''; and
       (C) by adding at the end the following:
       ``(D) if the Director estimates that the total amount of 
     direct costs of all Federal intergovernmental mandates in the 
     bill or joint resolution will equal or exceed $5,000,000,000 
     (adjusted annually for inflation), to the extent practicable, 
     the potential job creation or job loss in State, local, and 
     tribal governments as a result of the mandates.''; and
       (2) in subsection (b)(2)--
       (A) in subparagraph (A), by striking ``and'' at the end;
       (B) in subparagraph (B), by striking the period at the end 
     and inserting ``; and''; and
       (C) by adding at the end the following:
       ``(C) if the Director estimates that the total amount of 
     direct costs of all Federal private sector mandates in the 
     bill or joint resolution will equal or exceed $5,000,000,000 
     (adjusted annually for inflation), to the extent practicable, 
     the potential job creation or job loss in the private sector 
     as a result of the mandates.''.

     SEC. 844. CLARIFICATION AND EXPANSION OF RULES COVERED BY THE 
                   REGULATORY FLEXIBILITY ACT.

       Section 601 of title 5, United States Code, is amended--
       (1) in paragraph (6), by striking ``and'' at the end;
       (2) in paragraph (7)(B), by striking the period at the end 
     and inserting a semicolon;
       (3) in paragraph (8)--
       (A) by striking ``Recordkeeping requirement.--The'' and 
     inserting ``the''; and
       (B) by striking the period at the end and inserting ``; 
     and''; and
       (4) by adding at the end the following:
       ``(9) the term `economic impact' means, with respect to a 
     proposed or final rule--
       ``(A) any direct economic effect of the rule on small 
     entities; and
       ``(B) any indirect economic effect on small entities, 
     including potential job creation or job loss, that is 
     reasonably foreseeable and that results from the rule, 
     without regard to whether small entities are directly 
     regulated by the rule.''.

     SEC. 845. REQUIREMENTS PROVIDING FOR MORE DETAILED ANALYSES.

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

     ``Sec. 607. Quantification requirements

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

     SEC. 846. PERIODIC REVIEW OF RULES.

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

     ``Sec. 610. Periodic review of rules

       ``(a) Not later than 180 days after the enactment of the 
     Job Impact Analysis Act of 2010, each agency shall publish in 
     the Federal Register and place on its Web site a plan for the 
     periodic review of rules issued by the agency that the head 
     of the agency determines has a significant economic impact on

[[Page 2717]]

     a substantial number of small entities. Such determination 
     shall be made without regard to whether the agency performed 
     an analysis under section 604. The purpose of the review 
     shall be to determine whether such rules should be continued 
     without change, or should be amended or rescinded, consistent 
     with the stated objectives of applicable statutes, to 
     minimize any significant adverse economic impacts on a 
     substantial number of small entities (including an estimate 
     of any adverse impacts on job creation and employment by 
     small entities). Such plan may be amended by the agency at 
     any time by publishing the revision in the Federal Register 
     and subsequently placing the amended plan on the Web site of 
     the agency.
       ``(b) The plan shall provide for the review of all such 
     agency rules existing on the date of the enactment of the Job 
     Impact Analysis Act of 2010 within 10 years after the date of 
     publication of the plan in the Federal Register and every 10 
     years thereafter and for review of rules adopted after the 
     date of enactment of the Job Impact Analysis Act of 2010 
     within 10 years after the publication of the final rule in 
     the Federal Register and every 10 years thereafter. If the 
     head of the agency determines that completion of the review 
     of existing rules is not feasible by the established date, 
     the head of the agency shall so certify in a statement 
     published in the Federal Register and may extend the review 
     for not longer than 2 years after publication of notice of 
     extension in the Federal Register. Such certification and 
     notice shall be sent to the Chief Counsel for Advocacy and 
     Congress.
       ``(c) Each agency shall annually submit a report regarding 
     the results of its review pursuant to such plan to Congress 
     and, in the case of agencies other than independent 
     regulatory agencies (as defined in section 3502(5) of title 
     44, United States Code), to the Administrator of the Office 
     of Information and Regulatory Affairs of the Office of 
     Management and Budget. Such report shall include the 
     identification of any rule with respect to which the head of 
     the agency made a determination of infeasibility under 
     paragraph (5) or (6) of subsection (d) and a detailed 
     explanation of the reasons for such determination.
       ``(d) In reviewing rules under such plan, the agency shall 
     consider--
       ``(1) the continued need for the rule;
       ``(2) the nature of complaints received by the agency from 
     small entities concerning the rule;
       ``(3) comments by the Regulatory Enforcement Ombudsman and 
     the Chief Counsel for Advocacy;
       ``(4) the complexity of the rule;
       ``(5) the extent to which the rule overlaps, duplicates, or 
     conflicts with other Federal rules and, unless the head of 
     the agency determines it to be infeasible, State and local 
     rules;
       ``(6) the contribution of the rule to the cumulative 
     economic impact of all Federal rules on the class of small 
     entities affected by the rule, unless the head of the agency 
     determines that such calculations cannot be made and reports 
     that determination in the annual report required under 
     subsection (c);
       ``(7) the length of time since the rule has been evaluated, 
     or the degree to which technology, economic conditions, or 
     other factors have changed in the area affected by the rule; 
     and
       ``(8) the current impact of the rule, including--
       ``(A) the estimated number of small entities to which the 
     rule will apply;
       ``(B) the estimated number of small business jobs that will 
     be lost or created by the rule; and
       ``(C) the projected reporting, recordkeeping and other 
     compliance requirements of the proposed rule, including--
       ``(i) an estimate of the classes of small entities that 
     will be subject to the requirement; and
       ``(ii) the type of professional skills necessary for 
     preparation of the report or record.
       ``(e) The agency shall publish in the Federal Register and 
     on the Web site of the agency a list of rules to be reviewed 
     pursuant to such plan. Such publication shall include a brief 
     description of the rule, the reason why the agency determined 
     that it has a significant economic impact on a substantial 
     number of small entities (without regard to whether the 
     agency had prepared a final regulatory flexibility analysis 
     for the rule), and request comments from the public, the 
     Chief Counsel for Advocacy, and the Regulatory Enforcement 
     Ombudsman concerning the enforcement of the rule.''.

     SEC. 847. OFFICE OF ADVOCACY.

       (a) In General.--Section 203 of Public Law 94-305 (15 
     U.S.C. 634c) is amended--
       (1) in paragraph (4), by striking ``and'' at the end;
       (2) in paragraph (5), by striking the period and inserting 
     ``; and''; and
       (3) by adding at the end the following:
       ``(6) carry out the responsibilities of the Office of 
     Advocacy under chapter 6 of title 5, United States Code.''.
       (b) Budgetary Line Item and Authorization of 
     Appropriations.--Title II of Public Law 94-305 (15 U.S.C. 
     634a et seq.) is amended by striking section 207 and 
     inserting the following:

     ``SEC. 207. BUDGETARY LINE ITEM AND AUTHORIZATION OF 
                   APPROPRIATIONS.

       ``(a) Appropriation Requests.--Each budget of the United 
     States Government submitted by the President under section 
     1105 of title 31, United States Code, shall include a 
     separate statement of the amount of appropriations requested 
     for the Office of Advocacy of the Small Business 
     Administration, which shall be designated in a separate 
     account in the General Fund of the Treasury.
       ``(b) Administrative Operations.--The Administrator of the 
     Small Business Administration shall provide the Office of 
     Advocacy with appropriate and adequate office space at 
     central and field office locations, together with such 
     equipment, operating budget, and communications facilities 
     and services as may be necessary, and shall provide necessary 
     maintenance services for such offices and the equipment and 
     facilities located in such offices.
       ``(c) Authorization of Appropriations.--There are 
     authorized to be appropriated such sums as are necessary to 
     carry out this title. Any amount appropriated under this 
     subsection shall remain available, without fiscal year 
     limitation, until expended.''.

     SEC. 848. CLERICAL AMENDMENTS.

       (a) Heading.--The heading of section 605 of title 5, United 
     States Code, is amended to read as follows:

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

       (b) Table of Sections.--The table of sections for chapter 6 
     of title 5, United States Code, is amended--
       (1) by striking the item relating to section 605 and 
     inserting the following:

``605. Incorporations by reference and certifications.''; and
       (2) by striking the item relating to section 607 and 
     inserting the following:

``607. Quantification requirements.''.

                      Subtitle E--Other Provisions

     SEC. 851. FUNDS FOR SBDCS.

       (a) In General.--There is appropriated, out of any funds in 
     the Treasury not otherwise appropriated, for an additional 
     amount for ``Small Business Administration - Salaries and 
     Expenses'', $50,000,000, to remain available until January 1, 
     2012, for grants to small business development centers under 
     section 21 of the Small Business Act (15 U.S.C. 648) to 
     provide targeted technical assistance to small business 
     concerns (as defined under section 3 of the Small Business 
     Act (15 U.S.C. 632)) seeking access to capital or credit, 
     Federal procurement opportunities, energy efficiency audits 
     to reduce energy bills, opportunities to export products or 
     provide services to foreign customers, or other assistance.
       (b) Allocation.--
       (1) In general.--Subject to paragraph (2), and 
     notwithstanding the requirements of section 21(a)(4)(C)(iii) 
     of the Small Business Act (15 U.S.C. 648(a)(4)(C)(iii)), the 
     amount appropriated under subsection (a) shall be allocated 
     under the formula under section 21(a)(4)(C)(i) of that Act.
       (2) Minimum funding.--The amount made available under this 
     section to each State shall be not less than $325,000.
       (3) Types of uses.--Of the total amount of the grants 
     awarded by the Administrator under this section--
       (A) not less than 80 percent shall be used for counseling 
     of small business concerns; and
       (B) not more than 20 percent may be used for classes or 
     seminars.
       (c) No Non-Federal Share Required.--Notwithstanding section 
     21(a)(4)(A) of the Small Business Act (15 U.S.C. 
     648(a)(4)(A)), the recipient of a grant made using amounts 
     appropriated under subsection (a) shall not be required to 
     provide non-Federal matching funds.
       (d) Distribution.--Not later than 30 days after the date of 
     enactment of this Act, the Administrator of the Small 
     Business Administration shall disburse the total amount 
     appropriated under subsection (a).

     SEC. 852. TEMPORARY WAIVER AUTHORITY FOR WOMEN'S BUSINESS 
                   CENTER PROGRAM.

       (a) Definitions.--In this section--
       (1) the term ``Administrator'' means the Administrator of 
     the Small Business Administration;
       (2) the term ``recipient organization'' means an 
     organization receiving financial assistance from the 
     Administrator under the women's business center program; and
       (3) the term ``women's business center program'' means the 
     women's business center program under section 29 of the Small 
     Business Act (15 U.S.C. 656).
       (b) Authority.--Upon request by a recipient organization, 
     and in accordance with this section, the Administrator may 
     waive, in whole or in part, the requirement to obtain non-
     Federal funds under section 29(c) of the Small Business Act 
     (15 U.S.C. 656(c)) for the technical assistance and 
     counseling activities of the recipient organization carried 
     out using financial assistance under the women's business 
     center program.
       (c) Considerations.--In determining whether to waive the 
     requirement to obtain non-Federal funds under this section, 
     the Administrator shall consider--
       (1) the economic conditions affecting the recipient 
     organization;

[[Page 2718]]

       (2) the impact a waiver under this section would have on 
     the credibility of the women's business center program;
       (3) the demonstrated ability of the recipient organization 
     to raise non-Federal funds; and
       (4) the performance of the recipient organization.
       (d) Limitation.--The Administrator may not waive the 
     requirement to obtain non-Federal funds under this section if 
     granting the waiver would undermine the credibility of the 
     women's business center program.
       (e) Termination.--The Administrator may not grant a waiver 
     of the requirement to obtain non-Federal funds under this 
     section on or after January 1, 2012.

     SEC. 853. SMALL BUSINESS LOAN GUARANTEE ENHANCEMENT EFFECTIVE 
                   DATE.

       The amendment made by section 246(b)(2) of this Act shall 
     take effect on February 27, 2010.

                          Subtitle F--Funding

     SEC. 861. OFFSET.

       Notwithstanding section 5 of the American Recovery and 
     Reinvestment Act of 2009 (Public Law 111-5; 123 Stat. 116), 
     an amount equal to the total amount appropriated or made 
     available under this title is rescinded on a pro rata basis 
     from unobligated amounts appropriated or made available under 
     division A of the American Recovery and Reinvestment Act of 
     2009 (Public Law 111-5; 123 Stat. 116).

     SEC. 862. EMERGENCY DESIGNATION.

       This title is designated as an emergency requirement 
     pursuant to section 4(g) of the Statutory Pay-As-You-Go Act 
     of 2010 (Public Law 111-139; 2 U.S.C. 933(g)). This title is 
     designated as an emergency requirement pursuant to section 
     403(a) of S. Con. Res. 13 (111th Congress), the concurrent 
     resolution on the budget for fiscal year 2010.
                                 ______
                                 
  SA 3419. Ms. CANTWELL submitted an amendment intended to be proposed 
to amendment SA 3336 proposed by Mr. Baucus to the bill 4213, to amend 
the Internal Revenue Code of 1986 to extend certain expiring 
provisions, and for other purposes; which was ordered to lie on the 
table; as follows:

       On page 268, between lines 11 and 12, insert the following:

     SEC. ___. ROLLOVER OF AMOUNTS RECEIVED IN AIRLINE CARRIER 
                   BANKRUPTCY.

       (a) General Rules.--
       (1) Rollover of airline payment amount.--If a qualified 
     airline employee receives any airline payment amount and 
     transfers any portion of such amount to a traditional IRA 
     within 180 days of receipt of such amount (or, if later, 
     within 180 days of the date of the enactment of this Act), 
     then such amount (to the extent so transferred) shall be 
     treated as a rollover contribution described in section 
     402(c) of the Internal Revenue Code of 1986. A qualified 
     airline employee making such a transfer may exclude from 
     gross income the amount transferred, in the taxable year in 
     which the airline payment amount was paid to the qualified 
     airline employee by the commercial passenger airline carrier.
       (2) Transfer of amounts attributable to airline payment 
     amount following rollover to roth ira.--A qualified airline 
     employee who made a rollover of an airline payment amount to 
     a Roth IRA pursuant to section 125 of the Worker, Retiree, 
     and Employer Recovery Act of 2008, may transfer to a 
     traditional IRA all or any part of the Roth IRA attributable 
     to such rollover, and the transfer to the traditional IRA 
     will be deemed to have been made at the time of the rollover 
     to the Roth IRA, if such transfer is made within 180 days of 
     the date of the enactment of this Act. A qualified airline 
     employee making such a transfer may exclude from gross income 
     the airline payment amount previously rolled over to the Roth 
     IRA, to the extent an amount attributable to the previous 
     rollover was transferred to a traditional IRA, in the taxable 
     year in which the airline payment amount was paid to the 
     qualified airline employee by the commercial passenger 
     airline carrier.
       (3) Extension of time to file claim for refund.--A 
     qualified airline employee who excludes an amount from gross 
     income in a prior taxable year under paragraph (1) or (2) may 
     reflect such exclusion in a claim for refund filed within the 
     period of limitation under section 6511(a) (or, if later, 
     April 15, 2011).
       (b) Treatment of Airline Payment Amounts and Transfers for 
     Employment Taxes.--For purposes of chapter 21 of the Internal 
     Revenue Code of 1986 and section 209 of the Social Security 
     Act, an airline payment amount shall not fail to be treated 
     as a payment of wages by the commercial passenger airline 
     carrier to the qualified airline employee in the taxable year 
     of payment because such amount is excluded from the qualified 
     airline employee's gross income under subsection (a).
       (c) Definitions and Special Rules.--For purposes of this 
     section--
       (1) Airline payment amount.--
       (A) In general.--The term ``airline payment amount'' means 
     any payment of any money or other property which is payable 
     by a commercial passenger airline carrier to a qualified 
     airline employee--
       (i) under the approval of an order of a Federal bankruptcy 
     court in a case filed after September 11, 2001, and before 
     January 1, 2007, and
       (ii) in respect of the qualified airline employee's 
     interest in a bankruptcy claim against the carrier, any note 
     of the carrier (or amount paid in lieu of a note being 
     issued), or any other fixed obligation of the carrier to pay 
     a lump sum amount.

     The amount of such payment shall be determined without regard 
     to any requirement to deduct and withhold tax from such 
     payment under sections 3102(a) and 3402(a).
       (B) Exception.--An airline payment amount shall not include 
     any amount payable on the basis of the carrier's future 
     earnings or profits.
       (2) Qualified airline employee.--The term ``qualified 
     airline employee'' means an employee or former employee of a 
     commercial passenger airline carrier who was a participant in 
     a defined benefit plan maintained by the carrier which--
       (A) is a plan described in section 401(a) of the Internal 
     Revenue Code of 1986 which includes a trust exempt from tax 
     under section 501(a) of such Code, and
       (B) was terminated or became subject to the restrictions 
     contained in paragraphs (2) and (3) of section 402(b) of the 
     Pension Protection Act of 2006.
       (3) Traditional ira.--The term ``traditional IRA'' means an 
     individual retirement plan (as defined in section 7701(a)(37) 
     of the Internal Revenue Code of 1986) which is not a Roth 
     IRA.
       (4) Roth ira.--The term ``Roth IRA'' has the meaning given 
     such term by section 408A(b) of such Code.
       (d) Surviving Spouse.--If a qualified airline employee died 
     after receiving an airline payment amount, or if an airline 
     payment amount was paid to the surviving spouse of a 
     qualified airline employee in respect of the qualified 
     airline employee, the surviving spouse of the qualified 
     airline employee may take all actions permitted under section 
     125 of the Worker, Retiree and Employer Recovery Act of 2008, 
     or under this section, to the same extent that the qualified 
     airline employee could have done had the qualified airline 
     employee survived.
       (e) Effective Date.--This section shall apply to transfers 
     made after the date of the enactment of this Act with respect 
     to airline payment amounts paid before, on, or after such 
     date.
                                 ______
                                 
  SA 3420. Mr. GRASSLEY submitted an amendment intended to be proposed 
to amendment SA 3336 proposed by Mr. Baucus to the bill H.R. 4213, to 
amend the Internal Revenue Code of 1986 to extend certain expiring 
provisions, and for other purposes; which was ordered to lie on the 
table; as follows:

       On page 70, strike lines 4 through 12, and insert the 
     following:
       ``(3) Certification by chief executive officer.--No 
     additional Federal funds shall be paid to a State as a result 
     of this section with respect to a calendar quarter occurring 
     during the 6-month period that begins on January 1, 2011, and 
     ends on June 30, 2011, unless the chief executive officer of 
     the State certifies to the Secretary not later than 45 days 
     after the date of enactment of this paragraph, that--
       ``(A) the State will request and use such additional 
     Federal funds; and
       ``(B) during the period that begins on such date of 
     enactment and ends on June 30, 2011, the State will not 
     eliminate any State employment position in which an 
     individual is employed on such date of enactment (other than 
     a position held by an individual whose State employment is 
     terminated for cause).'';
                                 ______
                                 
  SA 3421. Mr. GRASSLEY submitted an amendment intended to be proposed 
to amendment SA 3336 proposed by Mr. Baucus to the bill H.R. 4213, to 
amend the Internal Revenue Code of 1986 to extend certain expiring 
provisions, and for other purposes; which was ordered to lie on the 
table; as follows:

       On page 70, strike lines 4 through 12, and insert the 
     following:
       ``(3) Certification by chief executive officer.--No 
     additional Federal funds shall be paid to a State as a result 
     of this section with respect to a calendar quarter occurring 
     during the 6-month period that begins on January 1, 2011, and 
     ends on June 30, 2011, unless the chief executive officer of 
     the State certifies to the Secretary--
       ``(A) not later than 45 days after the date of enactment of 
     this paragraph, that the State will request and use such 
     additional Federal funds; and
       ``(B) on December 31, 2010, that the State has not passed 
     any law on or after the date of enactment of this paragraph 
     that will cause income, property, or sales tax rates in the 
     State to increase during such 6-month period.'';
                                 ______
                                 
  SA 3422. Ms. MURKOWSKI (for herself and Mr. Begich) submitted an 
amendment intended to be proposed to amendment SA 3336 proposed by Mr. 
Baucus to the bill H.R. 4213, to amend

[[Page 2719]]

the Internal Revenue Code of 1986 to extend certain expiring 
provisions, and for other purposes; which was ordered to lie on the 
table; as follows:

       On page 268, between lines 11 and 12, insert the following:

     SEC. ___. PERMANENT EXTENSION OF ELECTIVE TAX TREATMENT FOR 
                   ALASKA NATIVE SETTLEMENT TRUSTS.

       (a) In General.--Section 901 of the Economic Growth and Tax 
     Relief Reconciliation Act of 2001 (relating to sunset 
     provisions) shall not apply to the provisions of, and 
     amendments made by, section 671 of such Act (relating to tax 
     treatment and information requirements of Alaska Native 
     Settlement Trusts).
       (b) Effective Date.--The amendments made by this section 
     shall be effective upon the date of enactment of this Act.
                                 ______
                                 
  SA 3423. Mr. BROWNBACK (for himself, Mr. Roberts, Ms. Cantwell, Mr. 
Ensign, and Mr. Bond) submitted an amendment intended to be proposed by 
him to the bill H.R. 4213, to amend the Internal Rvenue Code of 1986 to 
extend certain expiring provisions, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the end, add the following:

                         DIVISION __--FOOTWEAR

     SEC. _01. SHORT TITLE.

       This division may be cited as the ``Affordable Footwear Act 
     of 2010''.

     SEC. _02. FINDINGS.

       Congress finds the following:
       (1) Average collected duties on imported footwear are among 
     the highest of any product sector, totaling approximately 
     $1,700,000,000 during 2008.
       (2) Duty rates on imported footwear are among the highest 
     imposed by the United States Government, with some as high as 
     the equivalent of 67.5 percent ad valorem.
       (3) The duties currently imposed by the United States were 
     set in an era during which high rates of duty were intended 
     to protect production of footwear in the United States.
       (4) Footwear produced in the United States supplies only 
     about 1 percent of the total United States market for 
     footwear. This production is concentrated in distinct product 
     groupings, which are not affected by the provisions of this 
     Act.
       (5) Low- and moderate-income families spend a larger share 
     of their disposable income on footwear than higher-income 
     families.
       (6) Footwear duties, which are higher on lower-price 
     footwear, serve no purpose and are a hidden, regressive tax 
     on those people in the United States least able to pay.

     SEC. _03. SENSE OF CONGRESS.

       It is the sense of Congress that--
       (1) the reduction or elimination of duties on the 
     importation of certain footwear articles would provide 
     significant benefits to United States consumers, particularly 
     lower-income families;
       (2) there is no production in the United States of many 
     footwear articles;
       (3) the reduction or elimination of duties on such articles 
     will not negatively affect manufacturing or employment in the 
     United States; and
       (4) the reduction or elimination of duties on such articles 
     will result in reduced retail prices for consumers.

     SEC. _04. TEMPORARY ELIMINATION OR REDUCTION OF DUTIES ON 
                   CERTAIN FOOTWEAR.

       (a) Definitions.--The U.S. Notes to subchapter II of 
     chapter 99 of the Harmonized Tariff Schedule of the United 
     States are amended by adding at the end the following:
       ``20. For the purposes of headings 9902.64.25 through 
     9902.64.57 and any superior text thereto:
       ``(a) The term `footwear for men' means footwear of 
     American sizes 6 and larger for males and does not include 
     footwear commonly worn by both sexes.
       ``(b) The term `footwear for women' means footwear of 
     American sizes 4 and larger, whether for females or of types 
     commonly worn by both sexes.
       ``(c)(i) The term `work footwear' means, in addition to 
     footwear for men or footwear for women having a metal toe-
     cap, footwear for men or footwear for women that--

       ``(A) has outer soles of rubber or plastics;
       ``(B) is of a kind designed for use by persons employed in 
     occupations such as those related to the agricultural, 
     construction, industrial, public safety or transportation 
     sectors; and
       ``(C) has special features to protect against hazards in 
     the workplace (such as resistance to chemicals, compression, 
     grease, oil, penetration, slippage or static build-up).

       ``(ii) The term `work footwear' does not include the 
     following:

       ``(A) sports footwear, tennis shoes, basketball shoes, gym 
     shoes, training shoes and the like;
       ``(B) footwear designed to be worn over other footwear;
       ``(C) footwear with open toes or open heels; or
       ``(D) footwear (except footwear covered by heading 6401) of 
     the slip-on type that is held to the foot without the use of 
     laces or a combination of laces and hooks or other features.

       ``(d) The term `house slippers' means footwear of the slip-
     on type designed solely for casual indoor use. The term 
     `house slippers' includes--
       ``(i) footwear with outer soles not over 3.5 mm in 
     thickness, consisting of cellular rubber, non-grain leather 
     or textile material;
       ``(ii) footwear with outer soles not over 2 mm in thickness 
     consisting of polyvinyl chloride, whether or not backed; and
       ``(iii) footwear which, when measured at the ball of the 
     foot, has sole components (including any inner and mid-soles) 
     with a combined thickness not over 8 mm as measured from the 
     outer surface of the uppermost sole component to the bottom 
     surface of the outer sole and which, when measured in the 
     same manner at the area of the heel, has a thickness equal to 
     or less than that at the ball of the foot.
       ``(e) Textile materials attached, incorporated into, or 
     which otherwise form part of, an outer sole of rubber or 
     plastics shall be disregarded and the constituent material of 
     outer sole shall be deemed to be rubber or plastics.''.
       (b) Amendments to HTS.--Subchapter II of chapter 99 of the 
     Harmonized Tariff Schedule of the United States is amended by 
     inserting in numerical sequence the following new headings:


``      9902.64.25       Vulcanized rubber   Free         No change        No change        On or before 12/
                          lug boot bottoms                                                   31/2012.......
                          for use in
                          fishing waders
                          (provided for in
                          subheading
                          6401.92.90)......
         9902.64.26      Vulcanized rubber   Free         No change        No change        On or before 12/
                          footwear with                                                      31/2012.......
                          molded soles,
                          lasted uppers
                          (not molded or
                          injected) of more
                          than 70 percent
                          by weight natural
                          rubber, valued
                          over $35/pair,
                          measuring in
                          height from the
                          bottom of the
                          outer sole to the
                          top of the upper
                          over 19 cm, the
                          foregoing
                          designed to be
                          used in lieu of,
                          but not over,
                          other footwear as
                          a protection
                          against water or
                          cold or inclement
                          weather (provided
                          for in subheading
                          6401.92.90)......
        9902.64.27       Sports footwear     Free         No change        No change        On or before 12/
                          with outer soles                                                   31/2012.......
                          and uppers of
                          rubber or
                          plastics (other
                          than golf shoes),
                          having uppers of
                          which over 90
                          percent of the
                          external surface
                          area (including
                          any accessories
                          or
                          reinforcements)
                          is rubber or
                          plastics (except
                          footwear having
                          foxing or a
                          foxing-like band
                          applied or molded
                          at the sole and
                          overlapping the
                          upper); the
                          foregoing not
                          including
                          footwear for
                          women (provided
                          for in subheading
                          6402.19.15)......
        9902.64.28       Footwear with       Free         No change        No change        On or before 12/
                          outer soles and                                                    31/2012.......
                          uppers of rubber
                          or plastics,
                          covering the
                          ankle and
                          incorporating a
                          protective metal
                          toe-cap, having
                          uppers of which
                          over 90 percent
                          of the external
                          surface area is
                          rubber or
                          plastics
                          (provided for in
                          subheading
                          6402.91.05)......

[[Page 2720]]

 
        9902.64.29       Footwear with       Free         No change        No change        On or before 12/
                          outer soles and                                                    31/2012.......
                          uppers of rubber
                          or plastics,
                          covering the
                          ankle and
                          incorporating a
                          protective metal
                          toe-cap, valued
                          not over $3/pair
                          (provided for in
                          subheading
                          6402.91.16)......
         9902.64.30      Footwear (other     Free         No change        No change        On or before 12/
                          than work                                                          31/2012.......
                          footwear) with
                          outer soles and
                          uppers of rubber
                          or plastics,
                          covering the
                          ankle, not
                          incorporating a
                          protective metal
                          toe-cap, having
                          uppers of which
                          over 90 percent
                          of the external
                          surface area is
                          rubber or
                          plastics
                          (provided for in
                          subheading
                          6401.91.40)......
         9902.64.31      Footwear with       Free         No change        No change        On or before 12/
                          outer soles and                                                    31/2012.......
                          uppers of rubber
                          or plastics,
                          designed to be
                          used in lieu of,
                          but not over,
                          other footwear as
                          a protection
                          against water,
                          oil, grease or
                          chemicals or cold
                          or inclement
                          weather, valued
                          over $20/pair,
                          and if designed
                          for men or women
                          the height of
                          which does not
                          exceed 20.32 cm
                          or if designed
                          for other persons
                          the height of
                          which does not
                          exceed 17.72 cm;
                          the foregoing not
                          to include
                          vulcanized
                          footwear and
                          footwear with
                          waterproof molded
                          bottoms,
                          including bottoms
                          comprising an
                          outer sole and
                          all or part of
                          the upper, where
                          protection
                          against water is
                          imparted by the
                          use of a coated
                          laminated fabric
                          (provided for in
                          subheading
                          6402.91.50)......
        9902.64.32       Footwear with       Free         No change        No change        On or before 12/
                          outer soles and                                                    31/2012.......
                          uppers of rubber
                          or plastics,
                          covering the
                          ankle, valued
                          over $12/pair
                          (provided for in
                          subheading
                          6402.91.90)......
        ...............  Footwear with       ...........  ...............  ...............
                          outer soles and
                          uppers of rubber
                          or plastics,
                          other than
                          covering the
                          ankle and other
                          than sports
                          footwear:
         9902.64.33        Of a type         Free         No change        No change        On or before 12/
                            described in                                                     31/2012.......
                            subheading
                            6402.99.04.....
        9902.64.34         Of a type         Free         No change        No change        On or before 12/
                            described in                                                     31/2012.......
                            subheading
                            6402.99.12.....
         9902.64.35        Of a type         Free         No change        No change        On or before 12/
                            described in                                                     31/2012.......
                            subheading
                            6402.99.31.....
        9902.64.36       Footwear designed   Free         No change        No change        On or before 12/
                          to be used in                                                      31/2012.......
                          lieu of, but not
                          over, other
                          footwear, valued
                          over $20/pair
                          (other than
                          vulcanized
                          footwear and
                          footwear with
                          waterproof molded
                          bottoms,
                          including bottoms
                          comprising an
                          outer sole and
                          all or part of
                          the upper), where
                          protection
                          against water is
                          imparted by the
                          use of a coated
                          or laminated
                          textile fabric
                          (provided for in
                          subheading
                          6402.99.33)......
        ...............  Footwear with       ...........  ...............  ...............
                          outer soles and
                          uppers of rubber
                          or plastics, not
                          specially
                          described or
                          indicated in any
                          other heading of
                          this subchapter:
         9902.64.37        Of a type         Free         No change        No change        On or before 12/
                            described in                                                     31/2012.......
                            subheading
                            6402.99.40.....
         9902.64.38        Of a type         Free         No change        No change        On or before 12/
                            described in                                                     31/2012.......
                            subheading
                            6402.99.60.....
         9902.64.39        Of a type         Free         No change        No change        On or before 12/
                            described in                                                     31/2012.......
                            subheading
                            6402.99.70.....
        9902.64.40       Welt footwear with  Free         No change        No change        On or before 12/
                          pigskin uppers                                                     31/2012.......
                          (provided for in
                          subheading
                          6403.40.30)......
        9902.64.41       Footwear with       Free         No change        No change        On or before 12/
                          outer soles and                                                    31/2012.......
                          uppers of
                          leather, covering
                          the ankle, other
                          than footwear for
                          women (provided
                          for in subheading
                          6403.51.90)......
        9902.64.42       Turn or turned      Free         No change        No change        On or before 12/
                          footwear, other                                                    31/2012.......
                          than footwear for
                          men or footwear
                          for women
                          (provided for in
                          subheading
                          6403.59.15)......

[[Page 2721]]

 
        9902.64.43       Footwear for men,   Free         No change        No change        On or before 12/
                          and footwear for                                                   31/2012.......
                          youths and boys,
                          covering the
                          ankle, other than
                          work footwear and
                          other than slip-
                          on footwear
                          (except such
                          footwear with
                          sole components,
                          including any mid-
                          soles but
                          excluding any
                          inner soles,
                          which when
                          measured at the
                          ball of the foot
                          have a combined
                          thick-ness less
                          than 13.5 mm),
                          the foregoing
                          valued over $20/
                          pair (provided
                          for in subheading
                          6403.91.60)......
         9902.64.44      Footwear (other     Free         No change        No change        On or before 12/
                          than footwear for                                                  31/2012.......
                          men or footwear
                          for youths and
                          boys) covering
                          the ankle, other
                          than work
                          footwear and
                          other than slip-
                          on footwear, but
                          including such
                          footwear with a
                          heel over 15 mm
                          in height as
                          measured from the
                          bottom of the
                          sole or sole
                          components
                          (including any
                          mid-soles but
                          excluding any
                          inner soles)
                          which when
                          measured at the
                          ball of the foot
                          have a combined
                          thickness less
                          than 13.5 mm, the
                          foregoing valued
                          not over $20/pair
                          (provided for in
                          subheading
                          6403.91.90)......
         9902.64.45      Footwear for        Free         No change        No change        On or before 12/
                          youths and boys,                                                   31/2012.......
                          other than house
                          slippers and work
                          footwear
                          (provided for in
                          subheading
                          6403.99.60)......
        9902.64.46       House slippers for  Free         No change        No change        On or before 12/
                          persons other                                                      31/2012.......
                          than men, youths
                          and boys, the
                          foregoing valued
                          not over $2.50/
                          pair (provided
                          for in subheading
                          6403.99.75)......
        9902.64.47       Footwear valued     Free         No change        No change        On or before 12/
                          over $2.50/pair                                                    31/2012.......
                          (other than
                          footwear for men,
                          youths and boys,
                          and footwear for
                          women), the
                          foregoing not to
                          include house
                          slippers and work
                          footwear
                          (provided for in
                          subheading
                          6403.99.90)......
        ...............  Sports footwear,    ...........  ...............  ...............
                          tennis shoes,
                          basketball shoes,
                          gym shoes,
                          training shoes
                          and the like,
                          with outer soles
                          of rubber or
                          plastics and
                          uppers of textile
                          materials:
        9902.64.48         Of a type         Free         No change        No change        On or before 12/
                            described in                                                     31/2012.......
                            subheading
                            6404.11.20,
                            6404.11.40,
                            6404.11.50,
                            6404.11.60 or
                            6404.11.70.....
         9902.64.49        Of a type         Free         No change        No change        On or before 12/
                            described in                                                     31/2012.......
                            subheadings
                            6404.11.80 and
                            6404.11.90,
                            covering the
                            ankle..........
        9902.64.50         Of a type         Free         No change        No change        On or before 12/
                            described in                                                     31/2012.......
                            subheadings
                            6404.11.80 and
                            6404.11.90,
                            other than
                            tennis shoes,
                            basketball
                            shoes, gym
                            shoes, training
                            shoes and the
                            like for men or
                            women..........
         9902.64.51      Footwear with       Free         No change        No change        On or before 12/
                          outer soles of                                                     31/2012.......
                          rubber or
                          plastics and
                          uppers of textile
                          materials, having
                          uppers of which
                          over 50 percent
                          of the external
                          surface area is
                          leather (provided
                          for in subheading
                          6404.19.15)......
         9902.64.52      Footwear with       Free         No change        No change        On or before 12/
                          outer soles of                                                     31/2012.......
                          rubber or
                          plastics and
                          uppers of textile
                          materials,
                          designed to be
                          used in lieu of,
                          but not over,
                          other footwear as
                          a protection
                          against water,
                          oil, grease or
                          chemicals or cold
                          or inclement
                          weather, valued
                          over $20/pair,
                          the foregoing if
                          designed for men
                          or women having a
                          height which does
                          not exceed 20.32
                          cm or if designed
                          for other persons
                          the height of
                          which does not
                          exceed 17.72 cm
                          (provided for in
                          subheading
                          6404.19.20); all
                          the foregoing not
                          to include
                          vulcanized
                          footwear and
                          footwear with
                          waterproof molded
                          bottoms
                          (including
                          bottoms
                          comprising an
                          outer sole and
                          all or part of
                          the upper), where
                          protection
                          against water is
                          imparted by the
                          use of a coated
                          or laminated
                          textile fabric...
        9902.64.53       Footwear with       Free         No change        No change        On or before 12/
                          outer soles of                                                     31/2012.......
                          rubber or
                          plastics and
                          uppers of textile
                          materials
                          (provided for in
                          subheading
                          6404.19.25,
                          6404.19.30,
                          6404.19.35,
                          6404.19.40,
                          6404.19.50,
                          6404.19.60,
                          6404.19.70,
                          6404.19.80,
                          6404.19.90,
                          6404.20.20,
                          6404.20.40 or
                          6404.20.60)......
        ...............  Footwear with       ...........  ...............  ...............
                          uppers of leather
                          or composition
                          leather:
        9902.64.54         For men           8.5%         No change        No change        On or before 12/
                            (provided for                                                    31/2012.......
                            in subheading
                            6405.10.00)....

[[Page 2722]]

 
        9902.64.55         Other than        Free         No change        No change        On or before 12/
                            tennis shoes,                                                    31/2012.......
                            basketball
                            shoes, gym
                            shoes, training
                            shoes and the
                            like for women
                            (provided for
                            in subheading
                            6405.10.00)....
         9902.64.56      Footwear with       Free         No change        No change        On or before 12/
                          uppers of textile                                                  31/2012.......
                          materials, other
                          than with soles
                          and uppers of
                          wool felt
                          (provided for in
                          subheading
                          6405.20.30 or
                          6405.20.90)......
         9902.64.57      Footwear of a type  Free         No change        No change        On or before 12/ ''.
                          described in                                                       31/2012.......
                          subheading
                          6405.90.90.......

     SEC. _05. HAITI RELIEF ENHANCEMENT.

       Section 213A of the Caribbean Basic Economic Recovery Act 
     (19 U.S.C. 2703a) is amended--
       (1) by redesignating subsections (g) through (h) as (i) 
     through (j), respectively; and
       (2) by inserting the following after subsection (f):
       ``(g) Special Rule for Footwear.--
       ``(1) In general.--Footwear that is the product or 
     manufacture of Haiti and is imported directly from Haiti into 
     the customs territory of the United States shall be accorded 
     tariff treatment identical to the tariff treatment that is 
     accorded under the Dominican Republic-Central American-United 
     States Free Trade Agreement , as implemented by the United 
     States, to footwear described in the same 8-digit subheading 
     of the Harmonized Tariff Schedule of the United States.
       ``(2) Requirement.--Footwear qualifies for the treatment 
     provided for under paragraph (1) if it satisfies the 
     applicable rule of origin set out in Article 4.1 of the 
     Dominican Republic-Central American-United States Free Trade 
     Agreement.''.
                                 ______
                                 
  SA 3424. Mrs. HAGAN (for herself, Mr. Burr, and Mr. Cornyn) submitted 
an amendment intended to be proposed by her to the bill H.R. 4213, to 
amend the Internal Revenue Code of 1986 to extend certain expiring 
provisions, and for other purposes; which was ordered to lie on the 
table; as follows:

       On page 268, between lines 11 and 12, insert the following:

     SEC. __. CERTAIN CEILING FANS.

       (a) In General.--Heading 9902.84.14 of the Harmonized 
     Tariff Schedule of the United States is amended by striking 
     ``12/31/2009'' and inserting ``12/31/2012''.
       (b) Effective Date.--The amendment made by subsection (a) 
     applies with respect to goods entered, or withdrawn from 
     warehouse for consumption, on or after January 1, 2010.
                                 ______
                                 
  SA 3425. Mr. BYRD submitted an amendment intended to be proposed to 
amendment SA 3336 proposed by Mr. Baucus to the bill H.R. 4213, to 
amend the Internal Revenue Code of 1986 to extend certain expiring 
provisions, and for other purposes; which was ordered to lie on the 
table; as follows:

       On page 268, between lines 11 and 12, insert the following:

     SEC. 602. CONTINUATION OF SOLE COMMUNITY HOSPITAL TREATMENT 
                   FOR CERTAIN HOSPITALS.

       (a) In General.--Section 1886(d)(5)(D) of the Social 
     Security Act (42 U.S.C. 1395ww(d)(5)(D)) is amended by adding 
     at the end the following new clause:
       ``(vi) In the case of a hospital that is classified as a 
     sole community hospital and is located within a State that 
     has implemented a rate-setting program for regulation of 
     hospital payments (in this clause referred to as the 
     `existing hospital'), any relocation on or after January 1, 
     2010, of the facility of another hospital that is in 
     operation as of such date to a site that is within 25 road 
     miles of the existing hospital shall not be taken into 
     account for purposes of determining whether the existing 
     hospital shall continue to qualify for classification as a 
     sole community hospital.''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall apply to hospitals for cost reporting periods beginning 
     on or after January 1, 2010.
                                 ______
                                 
  SA 3426. Mr. REID (for Mr. Levin) proposed an amendment to the 
resolution S. Res. 372, designating March 2010 as ``National Autoimmune 
Diseases Awareness Month'' and supporting efforts to increase awareness 
of autoimmune diseases and increase funding for autoimmune disease 
research; as follows:

       In paragraph (3) of the resolving clause, strike 
     ``Federal''.

                                 ______
                                 
  SA 3427. Mr. McCAIN (for himself and Mr. Graham) proposed an 
amendment to amendment SA 3336 proposed by Mr. Baucus to the bill H.R. 
4213, to amend the Internal Revenue Code of 1986 to extend certain 
expiring provisions, and for other purposes; as follows:

       At the appropriate place, insert the following:

     SEC. ___. PROTECTING MEDICARE.

       Section 310(g) of the Congressional Budget Act of 1974 (2 
     U.S.C. 641(g)) is amended by inserting before the period the 
     following: ``or to the medicare program established by title 
     XVIII of such Act''.
                                 ______
                                 
  SA 3428. Mr. ROCKEFELLER (for himself and Mr. Bingaman) submitted an 
amendment intended to be proposed to amendment SA 3336 proposed by Mr. 
Baucus to the bill H.R. 4213, to amend the Internal Revenue Code of 
1986 to extend certain expiring provisions, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the end of subtitle C of title I, insert the following:

     SEC. --. NEW MARKETS TAX CREDIT ALLOWABLE AGAINST ALTERNATIVE 
                   MINIMUM TAX.

       (a) In General.--Subparagraph (B) of section 38(c)(4) is 
     amended--
       (1) by redesignating clauses (v) through (viii) as clauses 
     (vi) through (ix), respectively, and
       (2) by inserting after clause (iv) the following new 
     clause:
       ``(v) the credit determined under section 45D to the extent 
     that such credit is attributable to a qualified equity 
     investment which is designated as such under subsection 
     (b)(1)(C) of such section after the date of the enactment of 
     the American Workers, State, and Business Relief Act of 
     2010.''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to credits determined under section 45D of the 
     Internal Revenue Code of 1986 in taxable years ending after 
     the date of the enactment of this Act, and to carrybacks of 
     such credits.

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