[Congressional Record (Bound Edition), Volume 157 (2011), Part 3]
[Senate]
[Pages 4066-4090]
[From the U.S. Government Publishing Office, www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 170. Mr. PAUL submitted an amendment intended to be proposed by 
him to the bill S. 493, to reauthorize and improve the SBIR and STTR 
programs, and for other purposes; which was ordered to lie on the 
table; as follows:

       On page 49, strike line 11 and all that follows through 
     page 51, line 15.
                                 ______
                                 
  SA 171. Mr. PAUL submitted an amendment intended to be proposed by 
him to the bill S. 493, to reauthorize and improve the SBIR and STTR 
programs, and for other purposes; which was ordered to lie on the 
table; as follows:

       On page 31, strike line 20 and all that follows through 
     page 47, line 22, and insert the following:

     SEC. 201. TECHNICAL AND CONFORMING AMENDMENTS.

       (a) Redesignation.--The Small Business Act (15 U.S.C. 631 
     et seq.) is amended--
       (1) by redesignating sections 43, 44, and 45 as sections 
     44, 45, and 46 respectively;
       (2) in section 37(d) (15 U.S.C. 657i(d)), by striking 
     ``section 43'' and inserting ``section 44'';
       (3) in section 40(d) (15 U.S.C. 657l(d), by striking 
     ``section 43'' and inserting ``section 44''; and
       (4) in section 41(b) (15 U.S.C. 657m(b)), by striking 
     ``section 43'' and inserting ``section 44''.
       (b) Section 205.--The amendments made by section 205(b) of 
     this Act shall have no force or effect.
       (c) Prospective Repeal of the Small Business Innovation 
     Research Program.--Effective 5 years after the date of 
     enactment of this Act, the Small Business Act (15 U.S.C. 631 
     et seq.) is amended--
       (1) by striking section 43, as added by section 205(a) of 
     this Act;
       (2) by redesignating sections 44, 45, and 46, as 
     redesignated by subsection (a)(1) of this subsection, as 
     sections 43, 44, and 45, respectively;
       (3) in section 37(d) (15 U.S.C. 657i(d)), by striking 
     ``section 44'' and inserting ``section 43'';
       (4) in section 40(d) (15 U.S.C. 657l(d), by striking 
     ``section 44'' and inserting ``section 43''; and
       (5) in section 41(b) (15 U.S.C. 657m(b)), by striking 
     ``section 44'' and inserting ``section 43''.
                                 ______
                                 
  SA 172. Mr. PAUL submitted an amendment intended to be proposed by 
him to the bill S. 493, to reauthorize and improve the SBIR and STTR 
programs, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the end, add the following:

     SEC. ___. PROHIBITION ON ADDITIONAL FEDERAL FUNDING.

       Section 9 of the Small Business Act (15 U.S.C. 638), as 
     amended by this Act, is amended by adding at the end the 
     following:
       ``(nn) Eligibility Requirements.--
       ``(1) Definition.--In this subsection, the term `earmark'--
       ``(A) means a provision or report language included 
     primarily at the request of a Senator or Member of the House 
     of Representatives providing or recommending a specific 
     amount of discretionary budget authority, credit authority, 
     or other spending authority for a contract, loan, loan 
     guarantee, grant, loan authority, or other expenditure with 
     or to an entity, or targeted to a specific State, locality, 
     or congressional district; and
       ``(B) does not include a provision or report language 
     that--
       ``(i) is specifically authorized by an appropriate 
     congressional authorizing committee of jurisdiction;
       ``(ii) meets funding eligibility criteria established by an 
     appropriate congressional authorizing committee of 
     jurisdiction by statute; or
       ``(iii) is awarded through a statutory or administrative 
     formula-driven or competitive award process.
       ``(2) Eligibility for sbir and sttr awards.--A Federal 
     agency may not make an award under the SBIR program or STTR 
     program of the Federal agency to a small business concern 
     that receives--
       ``(A) a Federal grant (other than an award under an SBIR 
     program or STTR program); or
       ``(B) Federal funding as a result of an earmark.
       ``(3) Prohibition on receipt of federal grants.--A small 
     business concern carrying

[[Page 4067]]

     out activities funded using an award under an SBIR program or 
     STTR program may not--
       ``(A) apply for or receive a Federal grant (other than an 
     award under an SBIR program or STTR program); or
       ``(B) receive Federal funding as a result of an earmark.''.
                                 ______
                                 
  SA 173. Mr. PAUL submitted an amendment intended to be proposed by 
him to the bill S. 493, to reauthorize and improve the SBIR and STTR 
programs, and for other purposes; which was ordered to lie on the 
table; as follows:

       On page 4, line 1, strike ``2019'' and insert ``2013''.
       On page 4, line 9, strike ``2019'' and insert ``2013''.
       On page 42, line 15, strike ``2016'' and insert ``2013''.
       On page 42, line 18, strike ``2016'' and insert ``2013''.
       On page 42, line 24, strike ``2016'' and insert ``2013''.
       On page 46, strike lines 14 through 18 and insert the 
     following:
       (1) $1,000,000 for fiscal year 2012; and
       (2) $1,000,000 for fiscal year 2013.
       On page 54, line 8, strike ``2014'' and insert ``2013''.
                                 ______
                                 
  SA 174. Mr. RUBIO submitted an amendment intended to be proposed by 
him to the bill S. 493, to reauthorize and improve the SBIR and STTR 
programs, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the end of title V, insert the following:

     SEC. ___. RESCINDING ARRA FUNDING.

       (a) In General.--There are rescinded all unobligated 
     balances remaining available as of the date of enactment of 
     this section, of the discretionary appropriations provided by 
     division A of the American Recovery and Reinvestment Act of 
     2009 (Public Law 111-5).
       (b) Oversight.--Subsection (a) shall not apply to funds 
     appropriated or otherwise made available to Offices of 
     Inspector General and the Recovery Act Accountability and 
     Transparency Board by division A of the American Recovery and 
     Reinvestment Act of 2009 (Public Law 111-5).
       (c) Signage.--Effective on the date of enactment of this 
     section and thereafter, no Federal agency administering funds 
     provided by division A of the American Recovery and 
     Reinvestment Act of 2009 (Public Law 111-5) may provide 
     funding or reimbursement to any entity awarded funds from 
     such Act for the cost associated with physical signage or 
     other advertisement indicating that a project is funded by 
     such Act.
                                 ______
                                 
  SA 175. Mr. RUBIO submitted an amendment intended to be proposed by 
him to the bill S. 493, to reauthorize and improve the SBIR and STTR 
programs, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the end of title V, add the following:

     SEC. 5__. WATER QUALITY STANDARDS.

       None of the funds made available by this Act or any other 
     provision of law may be used to implement, administer, or 
     enforce the final rule of the Environmental Protection Agency 
     entitled ``Water Quality Standards for the State of Florida's 
     Lakes and Flowing Waters'' (75 Fed. Reg. 75762 (December 6, 
     2010)).
                                 ______
                                 
  SA 176. Mr. McCAIN submitted an amendment intended to be proposed by 
him to the bill S. 493, to reauthorize and improve the SBIR and STTR 
programs, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the end of the bill, add the following:

     SEC. ___. BUDGET OF THE UNITED STATES GOVERNMENT.

       (a) Prohibition on Printing the Budget of the United States 
     Government.--
       (1) In general.--Chapter 13 of title 44, United States 
     Code, is amended by adding at the end the following:

     ``Sec. 1345. Prohibition on printing of the budget of the 
       United States Government

       ``The Government Printing Office shall not print the budget 
     of the United States Government described under section 1105 
     of title 31, United States Code.''.
       (2) Technical and conforming amendment.--The table of 
     sections for chapter 13 of title 44, United States Code, is 
     amended by adding after the item relating to section 1344 the 
     following:

``Sec. 1345. Prohibition on printing of the budget of the United States 
              Government.''.

       (b) Electronic Availability.--The Office of Management and 
     Budget shall make the budget of the United States Government 
     submitted to Congress under section 1105 of title 31, United 
     States Code, available--
       (1) to the public on the website of the Office of 
     Management and Budget; and
       (2) in a format which enables the budget to be downloaded 
     and printed by users of the website.
                                 ______
                                 
  SA 177. Mr. COBURN submitted an amendment intended to be proposed by 
him to the bill S. 493, to reauthorize and improve the SBIR and STTR 
programs, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the end of title V, add the following:

     SEC. 504. TERMINATION OF NATIONAL VETERANS BUSINESS 
                   DEVELOPMENT CORPORATION.

       (a) Termination.--
       (1) In general.--The National Veterans Business Development 
     Corporation is hereby terminated.
       (2) Winding-up.--The Board of Directors of the National 
     Veterans Business Development Corporation shall take such 
     actions as are necessary and appropriate to wind up the 
     affairs of the Corporation as soon as practicable after the 
     date of the enactment of this Act.
       (b) Conforming Repeal.--Section 33 of the Small Business 
     Act (15 U.S.C. 657c) is repealed.
                                 ______
                                 
  SA 178. Mr. VITTER proposed an amendment to the bill S. 493, to 
reauthorize and improve the SBIR and STTR programs, and for other 
purposes; as follows:

       At the end, add the following:

     SEC. ___. SALE OF EXCESS FEDERAL PROPERTY.

       (a) In General.--Chapter 5 of subtitle I of title 40, 
     United States Code, is amended by adding at the end the 
     following:

         ``SUBCHAPTER VII--EXPEDITED DISPOSAL OF REAL PROPERTY

     ``Sec. 621. Definitions

       ``In this subchapter:
       ``(1) Director.--The term `Director' means the Director of 
     the Office of Management and Budget.
       ``(2) Landholding agency.--The term `landholding agency' 
     means a landholding agency (as defined in section 501(i) of 
     the McKinney-Vento Homeless Assistance Act (42 U.S.C. 
     11411(i))).
       ``(3) Real property.--
       ``(A) In general.--The term `real property' means--
       ``(i) a parcel of real property under the administrative 
     jurisdiction of the Federal Government that is--

       ``(I) excess;
       ``(II) surplus;
       ``(III) underperforming; or
       ``(IV) otherwise not meeting the needs of the Federal 
     Government, as determined by the Director; and

       ``(ii) a building or other structure located on real 
     property described in clause (i).
       ``(B) Exclusion.--The term `real property' excludes any 
     parcel of real property, and any building or other structure 
     located on real property, that is to be closed or realigned 
     under the Defense Authorization Amendments and Base Closure 
     and Realignment Act (10 U.S.C. 2687 note; Public Law 100-
     526).

     ``Sec. 622. Disposal program

       ``(a) In General.--Except as provided in subsection (e), 
     the Director shall, by sale or auction, dispose of a quantity 
     of real property with an aggregate value of not less than 
     $15,000,000,000 that, as determined by the Director, is not 
     being used, and will not be used, to meet the needs of the 
     Federal Government for the period of fiscal years 2010 
     through 2015.
       ``(b) Recommendations.--The head of each landholding agency 
     shall recommend to the Director real property for disposal 
     under subsection (a).
       ``(c) Selection of Properties.--After receiving 
     recommendations of candidate real property under subsection 
     (b), the Director--
       ``(1) with the concurrence of the head of each landholding 
     agency, may select the real property for disposal under 
     subsection (a); and
       ``(2) shall notify the recommending landholding agency head 
     of the selection of the real property.
       ``(d) Website.--The Director shall ensure that all real 
     properties selected for disposal under this section are 
     listed on a website that shall--
       ``(1) be updated routinely; and
       ``(2) include the functionality to allow any member of the 
     public, at the option of the member, to receive updates of 
     the list through electronic mail.
       ``(e) Transfer of Property.--The Director may transfer real 
     property selected for disposal under this section to the 
     Department of Housing and Urban Development if the Secretary 
     of Housing and Urban Development determines that the real 
     property is suitable for use in assisting the homeless.''.
       (b) Technical and Conforming Amendment.--The table of 
     sections for chapter 5 of subtitle I of title 40, United 
     States Code, is amended by inserting after the item relating 
     to section 611 the following:

          ``subchapter vii--expedited disposal of real property

``Sec. 621. Definitions.
``Sec. 622. Disposal program.''.

[[Page 4068]]


                                 ______
                                 
  SA 179. Ms. LANDRIEU submitted an amendment intended to be proposed 
by her to the bill S. 493, to reauthorize and improve the SBIR and STTR 
programs, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the end of section 501, add the following:
       (d) Sunset.--Effective on the date that is 5 years after 
     the date of enactment of this Act, section 9 of the Small 
     Business Act (15 U.S.C. 638), as amended by this section, is 
     amended--
       (1) in subsection (g)--
       (A) in paragraph (3)--
       (i) by striking ``applications to the Federal agency for 
     support of projects relating to nanotechnology, rare 
     diseases, security, energy, transportation, or improving the 
     security and quality of the water supply of the United 
     States, and the efficiency of water delivery systems and 
     usage patterns in the United States (including the 
     territories of the United States) through the use of 
     technology (to the extent that the projects relate to the 
     mission of the Federal agency), broad research topics, and 
     topics that further 1 or more critical technologies or 
     research priorities'' and inserting ``broad research topics 
     and to topics that further 1 or more critical technologies''; 
     and
       (ii) in subparagraph (A), by adding ``or'' at the end;
       (iii) in subparagraph (B), by striking the semicolon at the 
     end and inserting a period; and
       (iv) by striking subsections (C), (D), (E), and (F); and
       (B) by striking paragraph (13);
       (2) in subsection (o)--
       (A) in paragraph (3)--
       (i) by striking ``applications to the Federal agency for 
     support of projects relating to nanotechnology, rare 
     diseases, security, energy, transportation, or improving the 
     security and quality of the water supply of the United 
     States, and the efficiency of water delivery systems and 
     usage patterns in the United States (including the 
     territories of the United States) through the use of 
     technology (to the extent that the projects relate to the 
     mission of the Federal agency), broad research topics, and 
     topics that further 1 or more critical technologies or 
     research priorities'' and inserting ``broad research topics 
     and to topics that further 1 or more critical technologies''; 
     and
       (ii) in subparagraph (A), by adding ``or'' at the end;
       (iii) in subparagraph (B), by striking the semicolon at the 
     end and inserting a period; and
       (iv) by striking subsections (C), (D), (E), and (F);
       (B) in paragraph (15), by adding ``and'' at the end;
       (C) in paragraph (16), by striking ``; and'' and inserting 
     a period; and
       (D) by striking paragraph (17); and
       (3) in subsection (x)--
       (A) by adding at the end the following:
       ``(3) Utilization of plans.--The criteria and procedures 
     described in paragraph (1) shall be developed through the use 
     of the most current versions of the following plans:
       ``(A) The Joint Warfighting Science and Technology Plan 
     required under section 270 of the National Defense 
     Authorization Act for Fiscal Year 1997 (Public Law 104-201; 
     10 U.S.C. 2501 note).
       ``(B) The Defense Technology Area Plan of the Department of 
     Defense.
       ``(C) The Basic Research Plan of the Department of 
     Defense.''.
                                 ______
                                 
  SA 180. Mr. VITTER submitted an amendment intended to be proposed by 
him to the bill H.R. 1, making appropriations for the Department of 
Defense and the other departments and agencies of the Government for 
the fiscal year ending September 30, 2011, and for other purposes; 
which was ordered to lie on the table; as follows:

       On page _, between lines _ and _, insert the following:
       Sec. __.  None of the funds made available by this Act may 
     be used by the Secretary of Energy to make grants to State or 
     local governments under the Weatherization and 
     Intergovernmental Program.
                                 ______
                                 
  SA 181. Mr. VITTER submitted an amendment intended to be proposed by 
him to the bill S. 493, to reauthorize and improve the SBIR and STTR 
programs, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the end of the bill, add the following:

     SEC. ___. DOMESTIC AIR TRAVEL RESTRICTIONS FOR FEDERAL 
                   EMPLOYEES.

       (a) In General.--Chapter 57 of title 5, United States Code, 
     is amended by inserting after section 5710 the following:

     ``Sec. 5711. Domestic air travel restriction

       ``(a) In this section, the term `United States' means the 
     several States, the District of Columbia, the Commonwealth of 
     Puerto Rico, the United States Virgin Islands, Guam, American 
     Samoa, the Commonwealth of the Northern Mariana Islands, and 
     any other territory or possession of the United States, but 
     does not include the Trust Territory of the Pacific Islands.
       ``(b) An employee may only be reimbursed for the actual and 
     necessary expenses of official air travel within the United 
     States if that travel is coach-class.''.
       (b) Technical and Conforming Amendment.--The table of 
     sections for chapter 57 of title 5, United States Code, is 
     amended by inserting after the item relating to section 5710 
     the following:

``5711. Domestic air travel restriction.''.

       (c) Effective Date.--The amendments made by this section 
     shall take effect on the date of enactment of this Act and 
     apply to travel taken on or after that date.
                                 ______
                                 
  SA 182. Mr. NELSON of Nebraska (for himself, Mr. Tester, Mr. Pryor, 
and Mr. Merkley) proposed an amendment to the bill S. 493, to 
reauthorize and improve the SBIR and STTR programs, and for other 
purposes; as follows:

       At the appropriate place, insert the following:
       It is the sense of the Senate that it supports reducing its 
     budget by at least 5 percent. The Senate has made the 
     findings that:
       Finding that, Congress must pursue comprehensive deficit 
     reduction,
       Finding that, the nation is deeply involved in military 
     action on two fronts,
       Finding that, Admiral Mullen has noted the most significant 
     threat to national security is the national debt,
       Finding that, the nation is in fragile recovery from an 
     economic downturn that has spanned two administrations,
       Finding that, the offices and agencies that serve Members 
     of Congress must be reduced along with the rest of the 
     budget,
       Finding that, in order to address the Nation's fiscal 
     crisis, the Senate should lead by example and reduce its own 
     legislative budget,
       It is the sense of the Senate, that it should lead by 
     example and reduce the budget of the Senate by at least 5 
     percent.
                                 ______
                                 
  SA 183. Mr. McCONNELL proposed an amendment to the bill S. 493, to 
reauthorize and improve the SBIR and STTR programs, and for other 
purposes; as follows:

       At the end, add the following:

                    TITLE VI--ENERGY TAX PREVENTION

     SEC. 601. SHORT TITLE.

       This title may be cited as the ``Energy Tax Prevention Act 
     of 2011''.

     SEC. 602. NO REGULATION OF EMISSIONS OF GREENHOUSE GASES.

       (a) In General.--Title III of the Clean Air Act (42 U.S.C. 
     7601 et seq.) is amended by adding at the end the following:

     ``SEC. 330. NO REGULATION OF EMISSIONS OF GREENHOUSE GASES.

       ``(a) Definition.--In this section, the term `greenhouse 
     gas' means any of the following:
       ``(1) Water vapor.
       ``(2) Carbon dioxide.
       ``(3) Methane.
       ``(4) Nitrous oxide.
       ``(5) Sulfur hexafluoride.
       ``(6) Hydrofluorocarbons.
       ``(7) Perfluorocarbons.
       ``(8) Any other substance subject to, or proposed to be 
     subject to, regulation, action, or consideration under this 
     Act to address climate change.
       ``(b) Limitation on Agency Action.--
       ``(1) Limitation.--
       ``(A) In general.--The Administrator may not, under this 
     Act, promulgate any regulation concerning, take action 
     relating to, or take into consideration the emission of a 
     greenhouse gas to address climate change.
       ``(B) Air pollutant definition.--The definition of the term 
     `air pollutant' in section 302(g) does not include a 
     greenhouse gas. Nothwithstanding the previous sentence, such 
     definition may include a greenhouse gas for purposes of 
     addressing concerns other than climate change.
       ``(2) Exceptions.--Paragraph (1) does not prohibit the 
     following:
       ``(A) Notwithstanding paragraph (4)(B), implementation and 
     enforcement of the rule entitled `Light-Duty Vehicle 
     Greenhouse Gas Emission Standards and Corporate Average Fuel 
     Economy Standards' (75 Fed. Reg. 25324 (May 7, 2010) and 
     without further revision) and finalization, implementation, 
     enforcement, and revision of the proposed rule entitled 
     `Greenhouse Gas Emissions Standards and Fuel Efficiency 
     Standards for Medium- and Heavy-Duty Engines and Vehicles' 
     published at 75 Fed. Reg. 74152 (November 30, 2010).
       ``(B) Implementation and enforcement of section 211(o).
       ``(C) Statutorily authorized Federal research, development, 
     and demonstration programs addressing climate change.
       ``(D) Implementation and enforcement of title VI to the 
     extent such implementation or enforcement only involves one 
     or more class I or class II substances (as such terms are 
     defined in section 601).
       ``(E) Implementation and enforcement of section 821 (42 
     U.S.C. 7651k note) of Public Law 101-549 (commonly referred 
     to as the `Clean Air Act Amendments of 1990').
       ``(3) Inapplicability of provisions.--Nothing listed in 
     paragraph (2) shall cause a

[[Page 4069]]

     greenhouse gas to be subject to part C of title I (relating 
     to prevention of significant deterioration of air quality) or 
     considered an air pollutant for purposes of title V (relating 
     to air permits).
       ``(4) Certain prior agency actions.--The following rules, 
     and actions (including any supplement or revision to such 
     rules and actions) are repealed and shall have no legal 
     effect:
       ``(A) `Mandatory Reporting of Greenhouse Gases', published 
     at 74 Fed. Reg. 56260 (October 30, 2009).
       ``(B) `Endangerment and Cause or Contribute Findings for 
     Greenhouse Gases under section 202(a) of the Clean Air Act' 
     published at 74 Fed. Reg. 66496 (Dec. 15, 2009).
       ``(C) `Reconsideration of the Interpretation of Regulations 
     That Determine Pollutants Covered by Clean Air Act Permitting 
     Programs' published at 75 Fed. Reg. 17004 (April 2, 2010) and 
     the memorandum from Stephen L. Johnson, Environmental 
     Protection Agency (EPA) Administrator, to EPA Regional 
     Administrators, concerning `EPA's Interpretation of 
     Regulations that Determine Pollutants Covered by Federal 
     Prevention of Significant Deterioration (PSD) Permit Program' 
     (Dec. 18, 2008).
       ``(D) `Prevention of Significant Deterioration and Title V 
     Greenhouse Gas Tailoring Rule', published at 75 Fed. Reg. 
     31514 (June 3, 2010).
       ``(E) `Action To Ensure Authority To Issue Permits Under 
     the Prevention of Significant Deterioration Program to 
     Sources of Greenhouse Gas Emissions: Finding of Substantial 
     Inadequacy and SIP Call', published at 75 Fed. Reg. 77698 
     (December 13, 2010).
       ``(F) `Action to Ensure Authority to Issue Permits Under 
     the Prevention of Significant Deterioration Program to 
     Sources of Greenhouse Gas Emissions: Finding of Failure to 
     Submit State Implementation Plan Revisions Required for 
     Greenhouse Gases', published at 75 Fed. Reg. 81874 (December 
     29, 2010).
       ``(G) `Action To Ensure Authority To Issue Permits Under 
     the Prevention of Significant Deterioration Program to 
     Sources of Greenhouse Gas Emissions: Federal Implementation 
     Plan', published at 75 Fed. Reg. 82246 (December 30, 2010).
       ``(H) `Action To Ensure Authority To Implement Title V 
     Permitting Programs Under the Greenhouse Gas Tailoring Rule', 
     published at 75 Fed. Reg. 82254 (December 30, 2010).
       ``(I) `Determinations Concerning Need for Error Correction, 
     Partial Approval and Partial Disapproval, and Federal 
     Implementation Plan Regarding Texas Prevention of Significant 
     Deterioration Program', published at 75 Fed. Reg. 82430 
     (December 30, 2010).
       ``(J) `Limitation of Approval of Prevention of Significant 
     Deterioration Provisions Concerning Greenhouse Gas Emitting-
     Sources in State Implementation Plans; Final Rule', published 
     at 75 Fed. Reg. 82536 (December 30, 2010).
       ``(K) `Determinations Concerning Need for Error Correction, 
     Partial Approval and Partial Disapproval, and Federal 
     Implementation Plan Regarding Texas Prevention of Significant 
     Deterioration Program; Proposed Rule', published at 75 Fed. 
     Reg. 82365 (December 30, 2010).
       ``(L) Except for action listed in paragraph (2), any other 
     Federal action under this Act occurring before the date of 
     enactment of this section that applies a stationary source 
     permitting requirement or an emissions standard for a 
     greenhouse gas to address climate change.
       ``(5) State action.--
       ``(A) No limitation.--This section does not limit or 
     otherwise affect the authority of a State to adopt, amend, 
     enforce, or repeal State laws and regulations pertaining to 
     the emission of a greenhouse gas.
       ``(B) Exception.--
       ``(i) Rule.--Notwithstanding subparagraph (A), any 
     provision described in clause (ii)--

       ``(I) is not federally enforceable;
       ``(II) is not deemed to be a part of Federal law; and
       ``(III) is deemed to be stricken from the plan described in 
     clause (ii)(I) or the program or permit described in clause 
     (ii)(II), as applicable.

       ``(ii) Provisions defined.--For purposes of clause (i), the 
     term `provision' means any provision that--

       ``(I) is contained in a State implementation plan under 
     section 110 and authorizes or requires a limitation on, or 
     imposes a permit requirement for, the emission of a 
     greenhouse gas to address climate change; or
       ``(II) is part of an operating permit program under title 
     V, or a permit issued pursuant to title V, and authorizes or 
     requires a limitation on the emission of a greenhouse gas to 
     address climate change.

       ``(C) Action by administrator.--The Administrator may not 
     approve or make federally enforceable any provision described 
     in subparagraph (B)(ii).''.

     SEC. 603. PRESERVING ONE NATIONAL STANDARD FOR AUTOMOBILES.

       Section 209(b) of the Clean Air Act (42 U.S.C. 7543) is 
     amended by adding at the end the following:
       ``(4) With respect to standards for emissions of greenhouse 
     gases (as defined in section 330) for model year 2017 or any 
     subsequent model year for new motor vehicles and new motor 
     vehicle engines--
       ``(A) the Administrator may not waive application of 
     subsection (a); and
       ``(B) no waiver granted prior to the date of enactment of 
     this paragraph may be considered to waive the application of 
     subsection (a).''.
                                 ______
                                 
  SA 184. Mr. COBURN (for himself, Ms. Collins, and Mrs. McCaskill) 
submitted an amendment intended to be proposed by him to the bill S. 
493, to reauthorize and improve the SBIR and STTR programs, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of title V, add the following:

     SEC. __. REQUIREMENT TO IDENTIFY AND DESCRIBE PROGRAMS.

       (a) Each fiscal year, the head of each Federal agency 
     shall--
       (1) identify and describe every program administered by the 
     agency, including the mission, goals, purpose, budget, and 
     statutory authority of each program;
       (2) report the list and description of programs to the 
     Office of Management and Budget, Congress, and the U.S. 
     Government Accountability Office; and
       (3) post the list and description of programs on the 
     agency's public website.
       (b) Not later than 120 days after the date of enactment of 
     this Act, the Director of the Office of Management and Budget 
     shall prescribe regulations to implement this section.
       (c) This section shall be implemented beginning in the 
     first full fiscal year occurring after the date of the 
     enactment of this Act.
                                 ______
                                 
  SA 185. Mr. CORNYN submitted an amendment intended to be proposed by 
him to the bill S. 493, to reauthorize and improve the SBIR and STTR 
programs, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the appropriate place, insert the following:

     SEC. __. IMPROVED TRANSPARENCY.

       The Secretary of Health and Human Services shall publish on 
     the Internet website of the Department of Health ad Human 
     Services any application submitted by any entity for a waiver 
     from any requirement of the Patient Protection and Affordable 
     Care Act (and the amendments made by that Act).
                                 ______
                                 
  SA 186. Mr. CORNYN submitted an amendment intended to be proposed by 
him to the bill S. 493, to reauthorize and improve the SBIR and STTR 
programs, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the end of the bill, insert the following:

TITLE __--UNITED STATES AUTHORIZATION AND SUNSET COMMISSION ACT OF 2011

     SEC. _01. SHORT TITLE.

       This title may be cited as the ``United States 
     Authorization and Sunset Commission Act of 2011''.

     SEC. _02. DEFINITIONS.

       In this title--
       (1) the term ``agency'' means an Executive agency as 
     defined under section 105 of title 5, United States Code;
       (2) the term ``Commission'' means the United States 
     Authorization and Sunset Commission established under section 
     _03; and
       (3) the term ``Commission Schedule and Review bill'' means 
     the proposed legislation submitted to Congress under section 
     _04(b).

     SEC. _03. ESTABLISHMENT OF COMMISSION.

       (a) Establishment.--There is established the United States 
     Authorization and Sunset Commission.
       (b) Composition.--The Commission shall be composed of eight 
     members (in this title referred to as the ``members''), as 
     follows:
       (1) Four members appointed by the majority leader of the 
     Senate, one of whom may include the majority leader of the 
     Senate, with minority members appointed with the consent of 
     the minority leader of the Senate.
       (2) Four members appointed by the Speaker of the House of 
     Representatives, one of whom may include the Speaker of the 
     House of Representatives, with minority members appointed 
     with the consent of the minority leader of the House of 
     Representatives.
       (3) The Director of the Congressional Budget Office and the 
     Comptroller of the Government Accountability Office shall be 
     non-voting ex officio members of the Commission.
       (c) Qualifications of Members.--
       (1) In general.--
       (A) Senate members.--Of the members appointed under 
     subsection (b)(1), four shall be members of the Senate (not 
     more than two of whom may be of the same political party).
       (B) House of representative members.--Of the members 
     appointed under subsection (b)(2), four shall be members of 
     the House of Representatives, not more than two of whom may 
     be of the same political party.
       (2) Continuation of membership.--
       (A) In general.--If a member was appointed to the 
     Commission as a Member of Congress and the member ceases to 
     be a Member of Congress, that member shall cease to be a 
     member of the Commission.

[[Page 4070]]

       (B) Actions of commission unaffected.--Any action of the 
     Commission shall not be affected as a result of a member 
     becoming ineligible under subparagraph (A).
       (d) Initial Appointments.--Not later than 90 days after the 
     date of enactment of this title, all initial appointments to 
     the Commission shall be made.
       (e) Chairperson; Vice Chairperson.--
       (1) Initial chairperson.--An individual shall be designated 
     by the Speaker of the House of Representatives from among the 
     members initially appointed under subsection (b)(2) to serve 
     as chairperson of the Commission for a period of 2 years.
       (2) Initial vice chairperson.--An individual shall be 
     designated by the majority leader of the Senate from among 
     the individuals initially appointed under subsection (b)(1) 
     to serve as vice-chairperson of the Commission for a period 
     of 2 years.
       (3) Alternate appointments of chairmen and vice chairmen.--
     Following the termination of the 2-year period described 
     under paragraphs (1) and (2), the Speaker and the majority 
     leader of the Senate shall alternate every 2 years in 
     appointing the chairperson and vice-chairperson of the 
     Commission.
       (f) Terms of Members.--
       (1) Members of congress.--Each member appointed to the 
     Commission shall serve for a term of 6 years, except that, of 
     the members first appointed under paragraphs (1) and (2) of 
     subsection (b), two members shall be appointed to serve a 
     term of 3 years.
       (2) Term limit.--A member of the Commission who serves more 
     than 3 years of a term may not be appointed to another term 
     as a member.
       (g) Initial Meeting.--If, after 90 days after the date of 
     enactment of this title, five or more members of the 
     Commission have been appointed--
       (1) members who have been appointed may--
       (A) meet; and
       (B) select a chairperson from among the members (if a 
     chairperson has not been appointed) who may serve as 
     chairperson until the appointment of a chairperson; and
       (2) the chairperson shall have the authority to begin the 
     operations of the Commission, including the hiring of staff.
       (h) Meeting; Vacancies.--After its initial meeting, the 
     Commission shall meet upon the call of the chairperson or a 
     majority of its members. Any vacancy in the Commission shall 
     not affect its powers, but shall be filled in the same manner 
     in which the original appointment was made.
       (i) Powers of the Commission.--
       (1) In general.--
       (A) Hearings, testimony, and evidence.--The Commission may, 
     for the purpose of carrying out the provisions of this 
     title--
       (i) hold such hearings and sit and act at such times and 
     places, take such testimony, receive such evidence, 
     administer such oaths; and
       (ii) require, by subpoena or otherwise, the attendance and 
     testimony of such witnesses and the production of such books, 
     records, correspondence, memoranda, papers, and documents, 
     that the Commission or such designated subcommittee or 
     designated member may determine advisable.
       (B) Subpoenas.--Subpoenas issued under subparagraph (A)(ii) 
     may be issued to require attendance and testimony of 
     witnesses and the production of evidence relating to any 
     matter under investigation by the Commission.
       (C) Enforcement.--The provisions of sections 102 through 
     104 of the Revised Statutes of the United States (2 U.S.C. 
     192 through 194) shall apply in the case of any failure of 
     any witness to comply with any subpoena or to testify when 
     summoned under authority of this paragraph.
       (2) Contracting.--The Commission may contract with and 
     compensate government and private agencies or persons for 
     services without regard to section 3709 of the Revised 
     Statutes (41 U.S.C. 5) to enable the Commission to discharge 
     its duties under this title.
       (3) Information from federal agencies.--The Commission is 
     authorized to secure directly from any executive department, 
     bureau, agency, board, commission, office, independent 
     establishment, or instrumentality of the Government, 
     information, suggestions, estimates, and statistics for the 
     purposes of this section. Each such department, bureau, 
     agency, board, commission, office, establishment, or 
     instrumentality shall, to the extent authorized by law, 
     furnish such information, suggestions, estimates, and 
     statistics directly to the Commission, upon request made by 
     the chairperson.
       (4) Support services.--
       (A) Government accountability office.--The Government 
     Accountability Office is authorized on a reimbursable basis 
     to provide the Commission with administrative services, 
     funds, facilities, staff, and other support services for the 
     performance of the functions of the Commission.
       (B) General services administration.--The Administrator of 
     General Services shall provide to the Commission on a 
     reimbursable basis such administrative support services as 
     the Commission may request.
       (C) Agencies.--In addition to the assistance under 
     subparagraphs (A) and (B), departments and agencies of the 
     United States are authorized to provide to the Commission 
     such services, funds, facilities, staff, and other support 
     services as the Commission may determine advisable as may be 
     authorized by law.
       (5) Postal services.--The Commission may use the United 
     States mails in the same manner and under the same conditions 
     as departments and agencies of the United States.
       (6) Immunity.--The Commission is an agency of the United 
     States for purposes of part V of title 18, United States Code 
     (relating to immunity of witnesses).
       (7) Director and staff of the commission.--
       (A) Director.--The chairperson of the Commission may 
     appoint a staff director and such other personnel as may be 
     necessary to enable the Commission to carry out its 
     functions, without regard to the provisions of title 5, 
     United States Code, governing appointments in the competitive 
     service and without regard to the provisions of chapter 51 
     and subchapter III of chapter 53 of that title relating to 
     classification and General Schedule pay rates, except that no 
     rate of pay fixed under this subsection may exceed the 
     equivalent of that payable to a person occupying a position 
     at level II of the Executive Schedule. Any Federal Government 
     employee may be detailed to the Commission without 
     reimbursement from the Commission, and such detailee shall 
     retain the rights, status, and privileges of his or her 
     regular employment without interruption.
       (B) Personnel as federal employees.--
       (i) In general.--The executive director and any personnel 
     of the Commission who are employees shall be employees under 
     section 2105 of title 5, United States Code, for purposes of 
     chapters 63, 81, 83, 84, 85, 87, 89, 89A, 89B, and 90 of that 
     title.
       (ii) Members of commission.--Clause (i) shall not be 
     construed to apply to members of the Commission.
       (C) Procurement of temporary and intermittent services.--
     With the approval of the majority of the Commission, the 
     chairperson of the Commission may procure temporary and 
     intermittent services under section 3109(b) of title 5, 
     United States Code, at rates for individuals which do not 
     exceed the daily equivalent of the annual rate of basic pay 
     prescribed for level V of the Executive Schedule under 
     section 5316 of such title.
       (8) Compensation and travel expenses.--
       (A) Compensation.--Members shall not be paid by reason of 
     their service as members.
       (B) Travel expenses.--Each member of the Commission shall 
     be allowed travel expenses, including per diem in lieu of 
     subsistence, in accordance with sections 5702 and 5703(b) of 
     title 5, United States Code.
       (j) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as necessary for the purposes of 
     carrying out the duties of the Commission.
       (k) Termination.--The Commission shall terminate on 
     December 31, 2041.

     SEC. _04. DUTIES AND RECOMMENDATIONS OF THE UNITED STATES 
                   AUTHORIZATION AND SUNSET COMMISSION.

       (a) Schedule and Review.--
       (1) In general.--Not later than 18 months after the date of 
     the enactment of this title and at least once every 10 years 
     thereafter, the Commission shall submit to Congress a 
     legislative proposal that includes the schedule of review and 
     abolishment of agencies and programs (in this section 
     referred to as the ``Commission Schedule and Review bill'').
       (2) Schedule.--The schedule of the Commission shall provide 
     a timeline for the Commission's review and proposed 
     abolishment of--
       (A) at least 25 percent of unauthorized agencies or 
     programs as measured in dollars, including those identified 
     by the Congressional Budget Office under section 602(e)(3) of 
     title 2, United States Code; and
       (B) at least 25 percent of the agencies and programs with 
     duplicative goals and activities within Departments and 
     governmentwide as measured in dollars identified by the 
     Comptroller General of the Government Accountability Office 
     under section 21 of the Statutory Pay-As-You-Go Act of 2010 
     (P. L. 111-139; 31 U.S.C. 712 note).
       (3) Review of agencies.--In determining the schedule for 
     review and abolishment of agencies under paragraph (1), the 
     Commission shall provide that any agency that performs 
     similar or related functions be reviewed concurrently.
       (4) Criteria and review.--The Commission shall review each 
     agency and program identified under paragraph (1) in 
     accordance with the following criteria as applicable:
       (A) The effectiveness and the efficiency of the program or 
     agency.
       (B) The achievement of performance goals (as defined under 
     section 1115(g)(4) of title 31, United States Code).
       (C) The management of the financial and personnel issues of 
     the program or agency.
       (D) Whether the program or agency has fulfilled the 
     legislative intent surrounding its creation, taking into 
     account any change in legislative intent during the existence 
     of the program or agency.
       (E) Ways the agency or program could be less burdensome but 
     still efficient in protecting the public.

[[Page 4071]]

       (F) Whether reorganization, consolidation, abolishment, 
     expansion, or transfer of agencies or programs would better 
     enable the Federal Government to accomplish its missions and 
     goals.
       (G) The promptness and effectiveness of an agency in 
     handling complaints and requests made under section 552 of 
     title 5, United States Code (commonly referred to as the 
     Freedom of Information Act).
       (H) The extent that the agency encourages and uses public 
     participation when making rules and decisions.
       (I) The record of the agency in complying with requirements 
     for equal employment opportunity, the rights and privacy of 
     individuals, and purchasing products from historically 
     underutilized businesses.
       (J) The extent to which the program or agency duplicates or 
     conflicts with other Federal agencies, State or local 
     government, or the private sector and if consolidation or 
     streamlining into a single agency or program is feasible.
       (b) Schedule and Abolishment of Agencies and Programs.--
       (1) In general.--Not later than 18 months after the date of 
     the enactment of this title and at least once every 10 years 
     thereafter, the Commission shall submit to the Congress a 
     Commission Schedule and Review bill that--
       (A) includes a schedule for review of agencies and 
     programs; and
       (B) abolishes any agency or program 2 years after the date 
     the Commission completes its review of the agency or program, 
     unless the agency or program is reauthorized by Congress.
       (2) Expedited congressional consideration procedures.--In 
     reviewing the Commission Schedule and Review bill, Congress 
     shall follow the expedited procedures under section _06.
       (c) Recommendations and Legislative Proposals.--
       (1) Report.--Not later than 2 years after the date of 
     enactment of this title, the Commission shall submit to 
     Congress and the President--
       (A) a report that reviews and analyzes according to the 
     criteria established under subsection (a)(4) for each agency 
     and program to be reviewed in the year in which the report is 
     submitted under the schedule submitted to Congress under 
     subsection (a)(1);
       (B) a proposal, if appropriate, to reauthorize, reorganize, 
     consolidate, expand, or transfer the Federal programs and 
     agencies to be reviewed in the year in which the report is 
     submitted under the schedule submitted to Congress under 
     subsection (a)(1); and
       (C) legislative provisions necessary to implement the 
     Commission's proposal and recommendations.
       (2) Additional reports.--The Commission shall submit to 
     Congress and the President additional reports as prescribed 
     under paragraph (1) on or before June 30 of every other year.
       (d) Rule of Construction.--Nothing in this section shall be 
     construed to limit the power of the Commission to review any 
     Federal program or agency.
       (e) Approval of Reports.--The Commission Schedule and 
     Review bill and all other legislative proposals and reports 
     submitted under this section shall require the approval of 
     not less than five members of the Commission.

     SEC. _05. EXPEDITED CONSIDERATION OF COMMISSION 
                   RECOMMENDATIONS.

       (a) Introduction and Committee Consideration.--
       (1) Introduction.--If any legislative proposal with 
     provisions is submitted to Congress under section _04(c), a 
     bill with that proposal and provisions shall be introduced in 
     the Senate by the majority leader, and in the House of 
     Representatives, by the Speaker. Upon introduction, the bill 
     shall be referred to the appropriate committees of Congress 
     under paragraph (2). If the bill is not introduced in 
     accordance with the preceding sentence, then any Member of 
     Congress may introduce that bill in their respective House of 
     Congress beginning on the date that is the 5th calendar day 
     that such House is in session following the date of the 
     submission of such proposal with provisions.
       (2) Committee consideration.--
       (A) Referral.--A bill introduced under paragraph (1) shall 
     be referred to any appropriate committee of jurisdiction in 
     the Senate, any appropriate committee of jurisdiction in the 
     House of Representatives, the Committee on the Budget and the 
     Committee on Homeland Security and Governmental Affairs of 
     the Senate, and the Committee on the Budget and the Committee 
     on Homeland Security and Governmental Affairs of the House of 
     Representatives.
       (B) Reporting.--Not later than 30 calendar days after the 
     introduction of the bill, each committee of Congress to which 
     the bill was referred shall report the bill or a committee 
     amendment thereto.
       (C) Discharge of committee.--If a committee to which is 
     referred a bill has not reported such bill at the end of 30 
     calendar days after its introduction or at the end of the 
     first day after there has been reported to the House involved 
     a bill, whichever is earlier, such committee shall be deemed 
     to be discharged from further consideration of such bill, and 
     such bill shall be placed on the appropriate calendar of the 
     House involved.
       (b) Expedited Procedure.--
       (1) Consideration.--
       (A) In general.--Not later than 5 calendar days after the 
     date on which a committee has been discharged from 
     consideration of a bill, the majority leader of the Senate, 
     or the majority leader's designee, or the Speaker of the 
     House of Representatives, or the Speaker's designee, shall 
     move to proceed to the consideration of the committee 
     amendment to the bill, and if there is no such amendment, to 
     the bill. It shall also be in order for any member of the 
     Senate or the House of Representatives, respectively, to move 
     to proceed to the consideration of the bill at any time after 
     the conclusion of such 5-day period.
       (B) Motion to proceed.--A motion to proceed to the 
     consideration of a bill is highly privileged in the House of 
     Representatives and is privileged in the Senate and is not 
     debatable. The motion is not subject to amendment, to a 
     motion to postpone consideration of the bill, or to a motion 
     to proceed to the consideration of other business. A motion 
     to reconsider the vote by which the motion to proceed is 
     agreed to or not agreed to shall not be in order. If the 
     motion to proceed is agreed to, the Senate or the House of 
     Representatives, as the case may be, shall immediately 
     proceed to consideration of the bill without intervening 
     motion, order, or other business, and the bill shall remain 
     the unfinished business of the Senate or the House of 
     Representatives, as the case may be, until disposed of.
       (C) Limited debate.--Debate on the bill and all amendments 
     thereto and on all debatable motions and appeals in 
     connection therewith shall be limited to not more than 50 
     hours, which shall be divided equally between those favoring 
     and those opposing the bill. A motion further to limit debate 
     on the bill is in order and is not debatable. All time used 
     for consideration of the bill, including time used for quorum 
     calls (except quorum calls immediately preceding a vote) and 
     voting, shall come from the 50 hours of debate.
       (D) Amendments.--No amendment that is not germane to the 
     provisions of the bill shall be in order in the Senate. In 
     the Senate, an amendment, any amendment to an amendment, or 
     any debatable motion or appeal is debatable for not to exceed 
     1 hour to be divided equally between those favoring and those 
     opposing the amendment, motion, or appeal.
       (E) Vote on final passage.--Immediately following the 
     conclusion of the debate on the bill, and the disposition of 
     any pending amendments under subparagraph (D), the vote on 
     final passage of the bill shall occur.
       (F) Other motions not in order.--A motion to postpone 
     consideration of the bill, a motion to proceed to the 
     consideration of other business, or a motion to recommit the 
     bill is not in order. A motion to reconsider the vote by 
     which the bill is agreed to or not agreed to is not in order.
       (2) Consideration by other house.--If, before the passage 
     by one House of the bill that was introduced in such House, 
     such House receives from the other House a bill as passed by 
     such other House--
       (A) the bill of the other House shall not be referred to a 
     committee and may only be considered for final passage in the 
     House that receives it under subparagraph (C);
       (B) the procedure in the House in receipt of the bill of 
     the other House, with respect to the bill that was introduced 
     in the House in receipt of the bill of the other House, shall 
     be the same as if no bill had been received from the other 
     House; and
       (C) notwithstanding subparagraph (B), the vote on final 
     passage shall be on the bill of the other House.
     Upon disposition of a bill that is received by one House from 
     the other House, it shall no longer be in order to consider 
     the bill that was introduced in the receiving House.
       (3) Consideration in conference.--
       (A) Convening of conference.--Immediately upon final 
     passage of a bill that results in a disagreement between the 
     two Houses of Congress with respect to a bill, conferees 
     shall be appointed and a conference convened.
       (B) Action on conference reports in the senate.--
       (i) Motion to proceed.--The motion to proceed to 
     consideration in the Senate of the conference report on a 
     bill may be made even though a previous motion to the same 
     effect has been disagreed to.
       (ii) Debate.--Consideration in the Senate of the conference 
     report (including a message between Houses) on a bill, and 
     all amendments in disagreement, including all amendments 
     thereto, and debatable motions and appeals in connection 
     therewith, shall be limited to 20 hours, equally divided and 
     controlled by the majority leader and the minority leader or 
     their designees. Debate on any debatable motion or appeal 
     related to the conference report (or a message between 
     Houses) shall be limited to 1 hour, to be equally divided 
     between, and controlled by, the mover and the manager of the 
     conference report (or a message between Houses).
       (iii) Conference report defeated.--Should the conference 
     report be defeated, debate on any request for a new 
     conference and the appointment of conferrees shall be limited 
     to 1 hour, to be equally divided between,

[[Page 4072]]

     and controlled by, the manager of the conference report and 
     the minority leader or the minority leader's designee, and 
     should any motion be made to instruct the conferees before 
     the conferees are named, debate on such motion shall be 
     limited to \1/2\ hour, to be equally divided between, and 
     controlled by, the mover and the manager of the conference 
     report. Debate on any amendment to any such instructions 
     shall be limited to 20 minutes, to be equally divided between 
     and controlled by the mover and the manager of the conference 
     report. In all cases when the manager of the conference 
     report is in favor of any motion, appeal, or amendment, the 
     time in opposition shall be under the control of the minority 
     leader or the minority leader's designee.
       (iv) Amendments in disagreement.--In any case in which 
     there are amendments in disagreement, time on each amendment 
     shall be limited to 30 minutes, to be equally divided 
     between, and controlled by, the manager of the conference 
     report and the minority leader or the minority leader's 
     designee. No amendment that is not germane to the provisions 
     of such amendments shall be received.
       (v) Limitation on motion to recommit.--A motion to recommit 
     the conference report is not in order.
       (c) Rules of the Senate and the House of Representatives.--
     This section is enacted by Congress--
       (1) as an exercise of the rulemaking power of the Senate 
     and the House of Representatives, respectively, and is deemed 
     to be part of the rules of each House, respectively, but 
     applicable only with respect to the procedure to be followed 
     in that House in the case of a bill, and it supersedes other 
     rules only to the extent that it is inconsistent with such 
     rules; and
       (2) with full recognition of the constitutional right of 
     either House to change the rules (so far as they relate to 
     the procedure of that House) at any time, in the same manner, 
     and to the same extent as in the case of any other rule of 
     that House.

     SEC. _06. EXPEDITED CONSIDERATION OF COMMISSION SCHEDULE AND 
                   REVIEW BILL.

       (a) Introduction and Committee Consideration.--
       (1) Introduction.--The Commission Schedule and Review bill 
     submitted under section _04(b) shall be introduced in the 
     Senate by the majority leader, or the majority leader's 
     designee, and in the House of Representatives, by the 
     Speaker, or the Speaker's designee. Upon such introduction, 
     the Commission Schedule and Review bill shall be referred to 
     the appropriate committees of Congress under paragraph (2). 
     If the Commission Schedule and Review bill is not introduced 
     in accordance with the preceding sentence, then any member of 
     Congress may introduce the Commission Schedule and Review 
     bill in their respective House of Congress beginning on the 
     date that is the 5th calendar day that such House is in 
     session following the date of the submission of such 
     aggregate legislative language provisions.
       (2) Committee consideration.--
       (A) Referral.--A Commission Schedule and Review bill 
     introduced under paragraph (1) shall be referred to any 
     appropriate committee of jurisdiction in the Senate, any 
     appropriate committee of jurisdiction in the House of 
     Representatives, the Committee on the Budget and the 
     Committee on Homeland Security and Governmental Affairs of 
     the Senate and the Committee on the Budget and the Committee 
     on Oversight and Government Reform of the House of 
     Representatives. A committee to which a Commission Schedule 
     and Review bill is referred under this paragraph may review 
     and comment on such bill, may report such bill to the 
     respective House, and may not amend such bill.
       (B) Reporting.--Not later than 30 calendar days after the 
     introduction of the Commission Schedule and Review bill, each 
     Committee of Congress to which the Commission Schedule and 
     Review bill was referred shall report the bill.
       (C) Discharge of committee.--If a committee to which is 
     referred a Commission Schedule and Review bill has not 
     reported such Commission Schedule and Review bill at the end 
     of 30 calendar days after its introduction or at the end of 
     the first day after there has been reported to the House 
     involved a Commission Schedule and Review bill, whichever is 
     earlier, such committee shall be deemed to be discharged from 
     further consideration of such Commission Schedule and Review 
     bill, and such Commission Schedule and Review bill shall be 
     placed on the appropriate calendar of the House involved.
       (b) Expedited Procedure.--
       (1) Consideration.--
       (A) In general.--Not later than 5 calendar days after the 
     date on which a committee has been discharged from 
     consideration of a Commission Schedule and Review bill, the 
     majority leader of the Senate, or the majority leader's 
     designee, or the Speaker of the House of Representatives, or 
     the Speaker's designee, shall move to proceed to the 
     consideration of the Commission Schedule and Review bill. It 
     shall also be in order for any member of the Senate or the 
     House of Representatives, respectively, to move to proceed to 
     the consideration of the Commission Schedule and Review bill 
     at any time after the conclusion of such 5-day period.
       (B) Motion to proceed.--A motion to proceed to the 
     consideration of a Commission Schedule and Review bill is 
     highly privileged in the House of Representatives and is 
     privileged in the Senate and is not debatable. The motion is 
     not subject to amendment, to a motion to postpone 
     consideration of the Commission Schedule and Review bill, or 
     to a motion to proceed to the consideration of other 
     business. A motion to reconsider the vote by which the motion 
     to proceed is agreed to or not agreed to shall not be in 
     order. If the motion to proceed is agreed to, the Senate or 
     the House of Representatives, as the case may be, shall 
     immediately proceed to consideration of the Commission 
     Schedule and Review bill without intervening motion, order, 
     or other business, and the Commission Schedule and Review 
     bill shall remain the unfinished business of the Senate or 
     the House of Representatives, as the case may be, until 
     disposed of.
       (C) Limited debate.--Debate on the Commission Schedule and 
     Review bill and on all debatable motions and appeals in 
     connection therewith shall be limited to not more than 10 
     hours, which shall be divided equally between those favoring 
     and those opposing the Commission Schedule and Review bill. A 
     motion further to limit debate on the Commission Schedule and 
     Review bill is in order and is not debatable. All time used 
     for consideration of the Commission Schedule and Review bill, 
     including time used for quorum calls (except quorum calls 
     immediately preceding a vote) and voting, shall come from the 
     10 hours of debate.
       (D) Amendments.--No amendment to the Commission Schedule 
     and Review bill shall be in order in the Senate and the House 
     of Representatives.
       (E) Vote on final passage.--Immediately following the 
     conclusion of the debate on the Commission Schedule and 
     Review bill, the vote on final passage of the Commission 
     Schedule and Review bill shall occur.
       (F) Other motions not in order.--A motion to postpone 
     consideration of the Commission Schedule and Review bill, a 
     motion to proceed to the consideration of other business, or 
     a motion to recommit the Commission Schedule and Review bill 
     is not in order. A motion to reconsider the vote by which the 
     Commission Schedule and Review bill is agreed to or not 
     agreed to is not in order.
       (2) Consideration by other house.--If, before the passage 
     by one House of the Commission Schedule and Review bill that 
     was introduced in such House, such House receives from the 
     other House a Commission Schedule and Review bill as passed 
     by such other House--
       (A) the Commission Schedule and Review bill of the other 
     House shall not be referred to a committee and may only be 
     considered for final passage in the House that receives it 
     under subparagraph (C);
       (B) the procedure in the House in receipt of the Commission 
     Schedule and Review bill of the other House, with respect to 
     the Commission Schedule and Review bill that was introduced 
     in the House in receipt of the Commission Schedule and Review 
     bill of the other House, shall be the same as if no 
     Commission Schedule and Review bill had been received from 
     the other House; and
       (C) notwithstanding subparagraph (B), the vote on final 
     passage shall be on the Commission Schedule and Review bill 
     of the other House. Upon disposition of a Commission Schedule 
     and Review bill that is received by one House from the other 
     House, it shall no longer be in order to consider the 
     Commission Schedule and Review bill that was introduced in 
     the receiving House.
       (c) Rules of the Senate and the House of Representatives.--
     This section is enacted by Congress--
       (1) as an exercise of the rulemaking power of the Senate 
     and the House of Representatives, respectively, and is deemed 
     to be part of the rules of each House, respectively, but 
     applicable only with respect to the procedure to be followed 
     in that House in the case of a Commission Schedule and Review 
     bill, and it supersedes other rules only to the extent that 
     it is inconsistent with such rules; and
       (2) with full recognition of the constitutional right of 
     either House to change the rules (so far as they relate to 
     the procedure of that House) at any time, in the same manner, 
     and to the same extent as in the case of any other rule of 
     that House.
                                 ______
                                 
  SA 187. Mr. PRYOR (for himself and Mr. Brown of Massachusetts) 
submitted an amendment intended to be proposed by him to the bill S. 
493, to reauthorize and improve the SBIR and STTR programs, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of title V, add the following:

     SEC. 504. ANGEL INVESTMENT TAX CREDIT.

       (a) In General.--Subpart B 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. 30E. ANGEL INVESTMENT TAX CREDIT.

       ``(a) Allowance of Credit.--There shall be allowed as a 
     credit against the tax imposed by this chapter for the 
     taxable year an amount equal to 25 percent of the qualified 
     equity investments made by a qualified investor during the 
     taxable year.

[[Page 4073]]

       ``(b) Qualified Equity Investment.--For purposes of this 
     section--
       ``(1) In general.--The term `qualified equity investment' 
     means any equity investment in a qualified small business 
     entity if--
       ``(A) such investment is acquired by the taxpayer at its 
     original issue (directly or through an underwriter) solely in 
     exchange for cash, and
       ``(B) such investment is designated for purposes of this 
     section by the qualified small business entity.
       ``(2) Equity investment.--The term `equity investment' 
     means--
       ``(A) any form of equity, including a general or limited 
     partnership interest, common stock, preferred stock (other 
     than nonqualified preferred stock as defined in section 
     351(g)(2)), with or without voting rights, without regard to 
     seniority position and whether or not convertible into common 
     stock or any form of subordinate or convertible debt, or 
     both, with warrants or other means of equity conversion, and
       ``(B) any capital interest in an entity which is a 
     partnership.
       ``(3) Redemptions.--A rule similar to the rule of section 
     1202(c)(3) shall apply for purposes of this subsection.
       ``(c) Qualified Small Business Entity.--For purposes of 
     this section--
       ``(1) In general.--The term `qualified small business 
     entity' means any domestic corporation or partnership if such 
     corporation or partnership--
       ``(A) is a small business (as defined in section 
     41(b)(3)(D)(iii)),
       ``(B) has its headquarters in the United States,
       ``(C) is engaged in a high technology trade or business 
     related to--
       ``(i) advanced materials, nanotechnology, or precision 
     manufacturing,
       ``(ii) aerospace, aeronautics, or defense,
       ``(iii) biotechnology or pharmaceuticals,
       ``(iv) electronics, semiconductors, software, or computer 
     technology,
       ``(v) energy, environment, or clean technologies,
       ``(vi) forest products or agriculture,
       ``(vii) information technology, communication technology, 
     digital media, or photonics,
       ``(viii) life sciences or medical sciences,
       ``(ix) marine technology or aquaculture,
       ``(x) transportation, or
       ``(xi) any other high technology trade or business as 
     determined by the Secretary,
       ``(D) has been in existence for less than 5 years as of the 
     date of the qualified equity investment,
       ``(E) employs less than 100 full-time equivalent employees 
     as of the date of such investment,
       ``(F) has more than 50 percent of the employees performing 
     substantially all of their services in the United States as 
     of the date of such investment, and
       ``(G) has equity investments designated for purposes of 
     this paragraph.
       ``(2) Designation of equity investments.--For purposes of 
     paragraph (1)(G), an equity investment shall not be treated 
     as designated if such designation would result in the 
     aggregate amount which may be taken into account under this 
     section with respect to equity investments in such 
     corporation or partnership exceeds--
       ``(A) $10,000,000, taking into account the total amount of 
     all qualified equity investments made by all taxpayers for 
     the taxable year and all preceding taxable years,
       ``(B) $2,000,000, taking into account the total amount of 
     all qualified equity investments made by all taxpayers for 
     such taxable year, and
       ``(C) $1,000,000, taking into account the total amount of 
     all qualified equity investments made by the taxpayer for 
     such taxable year.
       ``(d) Qualified Investor.--For purposes of this section--
       ``(1) In general.--The term `qualified investor' means an 
     accredited investor, as defined by the Securities and 
     Exchange Commission, investor network, or investor fund who 
     review new or proposed businesses for potential investment.
       ``(2) Investor network.--The term `investor network' means 
     a group of accredited investors organized for the sole 
     purpose of making qualified equity investments.
       ``(3) Investor fund.--
       ``(A) In general.--The term `investor fund' means a 
     corporation that for the applicable taxable year is treated 
     as an S corporation or a general partnership, limited 
     partnership, limited liability partnership, trust, or limited 
     liability company and which for the applicable taxable year 
     is not taxed as a corporation.
       ``(B) Allocation of credit.--
       ``(i) In general.--Except as provided in clause (ii), the 
     credit allowed under subsection (a) shall be allocated to the 
     shareholders or partners of the investor fund in proportion 
     to their ownership interest or as specified in the fund's 
     organizational documents, except that tax-exempt investors 
     shall be allowed to transfer their interest to investors 
     within the fund in exchange for future financial 
     consideration.
       ``(ii) Single member limited liability company.--If the 
     investor fund is a single member limited liability company 
     that is disregarded as an entity separate from its owner, the 
     credit allowed under subsection (a) may be claimed by such 
     limited liability company's owner, if such owner is a person 
     subject to the tax under this title.
       ``(4) Exclusion.--The term `qualified investor' does not 
     include--
       ``(A) a person controlling at least 50 percent of the 
     qualified small business entity,
       ``(B) an employee of such entity, or
       ``(C) any bank, bank and trust company, insurance company, 
     trust company, national bank, savings association or building 
     and loan association for activities that are a part of its 
     normal course of business.
       ``(e) National Limitation on Amount of Investments 
     Designated.--
       ``(1) In general.--There is an angel investment tax credit 
     limitation of $500,000,000 for each of calendar years 2011 
     through 2015.
       ``(2) Allocation of limitation.--The limitation under 
     paragraph (1) shall be allocated by the Secretary among 
     qualified small business entities selected by the Secretary.
       ``(3) Carryover of unused limitation.--If the angel 
     investment tax credit limitation for any calendar year 
     exceeds the aggregate amount allocated under paragraph (2) 
     for such year, such limitation for the succeeding calendar 
     year shall be increased by the amount of such excess. No 
     amount may be carried under the preceding sentence to any 
     calendar year after 2020.
       ``(f) Application With Other Credits.--
       ``(1) Business credit treated as part of general business 
     credit.--Except as provided in paragraph (2), the credit 
     which would be allowed under subsection (a) for any taxable 
     year (determined without regard to this subsection) shall be 
     treated as a credit listed in section 38(b) for such taxable 
     year (and not allowed under subsection (a)).
       ``(2) Personal credit.--
       ``(A) In general.--In the case of an individual who elects 
     the application of this paragraph, for purposes of this 
     title, the credit allowed under subsection (a) for any 
     taxable year (determined after application of paragraph (1)) 
     shall be treated as a credit allowable under subpart A for 
     such taxable year.
       ``(B) Limitation based on amount of tax.--In the case of a 
     taxable year to which section 26(a)(2) does not apply, the 
     credit allowed under subpart A for any taxable year 
     (determined after application of paragraph (1)) by reason of 
     subparagraph (A) shall not exceed the excess of--
       ``(i) the sum of the regular tax liability (as defined in 
     section 26(b)) plus the tax imposed by section 55, over
       ``(ii) the sum of the credits allowable under subpart A 
     (other than this section) and section 27 for the taxable 
     year.
       ``(C) Carryforward of unused credit.--If the credit 
     allowable under subsection (a) by reason of subparagraph (A) 
     exceeds the limitation imposed by section 26(a)(1) or 
     subparagraph (B), whichever is applicable, for such taxable 
     year, reduced by the sum of the credits allowable under 
     subpart A (other than this section) for such taxable year, 
     such excess shall be carried to each of the succeeding 20 
     taxable years to the extent that such unused credit may not 
     be taken into account under subsection (a) by reason of 
     subparagraph (A) for a prior taxable year because of such 
     limitation.
       ``(g) Special Rules.--
       ``(1) Related parties.--For purposes of this section--
       ``(A) In general.--All related persons shall be treated as 
     1 person.
       ``(B) Related persons.--A person shall be treated as 
     related to another person if the relationship between such 
     persons would result in the disallowance of losses under 
     section 267 or 707(b).
       ``(2) Basis.--For purposes of this subtitle, the basis of 
     any investment with respect to which a credit is allowable 
     under this section shall be reduced by the amount of such 
     credit so allowed. This subsection shall not apply for 
     purposes of sections 1202, 1397B, and 1400B.
       ``(3) Recapture.--The Secretary shall, by regulations, 
     provide for recapturing the benefit of any credit allowable 
     under subsection (a) with respect to any qualified equity 
     investment which is held by the taxpayer less than 3 years, 
     except that no benefit shall be recaptured in the case of--
       ``(A) transfer of such investment by reason of the death of 
     the taxpayer,
       ``(B) transfer between spouses,
       ``(C) transfer incident to the divorce (as defined in 
     section 1041) of such taxpayer, or
       ``(D) a transaction to which section 381(a) applies 
     (relating to certain acquisitions of the assets of one 
     corporation by another corporation).
       ``(h) Regulations.--The Secretary shall prescribe such 
     regulations as may be appropriate to carry out this section, 
     including regulations--
       ``(1) which prevent the abuse of the purposes of this 
     section,
       ``(2) which impose appropriate reporting requirements, and
       ``(3) which apply the provisions of this section to newly 
     formed entities.''.
       (b) Credit Made Part of General Business Credit.--
     Subsection (b) of section 38 of the Internal Revenue Code of 
     1986 is amended--
       (1) in paragraph (35), by striking ``plus'';
       (2) in paragraph (36), by striking the period at the end 
     and inserting ``, plus''; and
       (3) by adding at the end the following new paragraph:

[[Page 4074]]

       ``(37) the portion of the angel investment tax credit to 
     which section 30E(f)(1) applies.''.
       (c) Conforming Amendments.--
       (1) Section 1016(a) of the Internal Revenue Code of 1986 is 
     amended by striking ``and'' at the end of paragraph (36), by 
     striking the period at the end of paragraph (37) and 
     inserting ``, and'', and by inserting after paragraph (37) 
     the following new paragraph:
       ``(38) to the extent provided in section 30E(g)(2).''.
       (2) Section 24(b)(3)(B) of such Code is amended by striking 
     ``and 30D'' and inserting ``30D, and 30E''.
       (3) Section 25(e)(1)(C)(ii) of such Code is amended by 
     inserting ``30E,'' after ``30D,''.
       (4) Section 25A(i)(5)(B) of such Code is amended by 
     striking ``and 30D'' and inserting ``, 30D, and 30E''.
       (5) Section 25A(i)(5) of such Code is amended by inserting 
     ``30E,'' after ``30D,''.
       (6) Section 25B(g)(2) of such Code is amended by striking 
     ``and 30D'' and inserting ``30D, and 30E''.
       (7) Section 26(a)(1) of such Code is amended by striking 
     ``and 30D'' and inserting ``30D, and 30E''.
       (8) Section 30(c)(2)(B)(ii) of such Code is amended by 
     striking ``and 30D'' and inserting ``, 30D, and 30E''.
       (9) Section 30B(g)(2)(B)(ii) of such Code is amended by 
     striking ``and 30D'' and inserting ``30D, and 30E''.
       (10) Section 30D(d)(2)(B)(ii) of such Code is amended by 
     striking ``and 25D'' and inserting ``, 25D, and 30E''.
       (11) Section 904(i) of such Code is amended by striking 
     ``and 30D'' and inserting ``30D, and 30E''.
       (12) Section 1400C(d)(2) of such Code is amended by 
     striking ``and 30D'' and inserting ``30D, and 30E''.
       (d) Clerical Amendment.--The table of sections for subpart 
     B 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. 30E. Angel investment tax credit.''.

       (e) Effective Date.--The amendments made by this section 
     shall apply to investments made after December 31, 2010, in 
     taxable years ending after such date.
       (f) Regulations on Allocation of National Limitation.--Not 
     later than 120 days after the date of the enactment of this 
     Act, the Secretary of the Treasury or the Secretary's 
     delegate shall prescribe regulations which specify--
       (1) how small business entities shall apply for an 
     allocation under section 30E(e)(2) of the Internal Revenue 
     Code of 1986, as added by this section,
       (2) the competitive procedure through which such 
     allocations are made,
       (3) the criteria for determining an allocation to a small 
     business entity, including--
       (A) whether the small business entity is located in a State 
     that is historically underserved by angel investors and 
     venture capital investors,
       (B) whether the small business entity has received an angel 
     investment tax credit, or its equivalent, from the State in 
     which the small business entity is located and registered,
       (C) whether small business entities in 
     low-, medium-, and high-population density States are 
     receiving allocations, and
       (D) whether the small business entity has been awarded a 
     Small Business Innovative Research or Small Business 
     Technology Transfer grant from a Federal agency,
       (4) the actions that such Secretary or delegate shall take 
     to ensure that such allocations are properly made to 
     qualified small business entities, and
       (5) the actions that such Secretary or delegate shall take 
     to ensure that angel investment tax credits are allocated and 
     issued to the taxpayer.
       (g) Audit and Report.--Not later than January 31, 2014, the 
     Comptroller General of the United States, pursuant to an 
     audit of the angel investment tax credit program established 
     under section 30E of the Internal Revenue Code of 1986 (as 
     added by subsection (a)), shall report to Congress on such 
     program, including all qualified small business entities that 
     receive an allocation of an angel investment credit under 
     such section.
       (h) Rescission of Unspent Federal Funds to Offset Loss in 
     Revenues.--
       (1) In general.--Notwithstanding any other provision of 
     law, of all available unobligated funds, $5,000,000,000 in 
     appropriated discretionary funds are hereby rescinded.
       (2) Implementation.--The Director of the Office of 
     Management and Budget shall determine and identify from which 
     appropriation accounts the rescission under paragraph (1) 
     shall apply and the amount of such rescission that shall 
     apply to each such account. Not later than 60 days after the 
     date of the enactment of this Act, the Director of the Office 
     of Management and Budget shall submit a report to the 
     Secretary of the Treasury and Congress of the accounts and 
     amounts determined and identified for rescission under the 
     preceding sentence.
                                 ______
                                 
  SA 188. Mr. PRYOR (for himself, Mr. Kohl, and Mr. Brown of 
Massachusetts) submitted an amendment intended to be proposed by him to 
the bill S. 493, to reauthorize and improve the SBIR and STTR programs, 
and for other purposes; which was ordered to lie on the table; as 
follows:

       At the end of title V, add the following:

     SEC. 504. ESTABLISHMENT OF SMALL BUSINESS SAVINGS ACCOUNTS.

       (a) In General.--Subpart A of part I of subchapter D of 
     chapter 1 of the Internal Revenue Code of 1986 is amended by 
     inserting after section 408A the following new section:

     ``SEC. 408B. SMALL BUSINESS SAVINGS ACCOUNTS.

       ``(a) General Rule.--Except as provided in this section, a 
     Small Business Savings Account shall be treated for purposes 
     of this title in the same manner as an individual retirement 
     plan.
       ``(b) Small Business Savings Account.--For purposes of this 
     title, the term `Small Business Savings Account' means a tax 
     preferred savings plan which is designated at the time of 
     establishment of the plan as a Small Business Savings 
     Account. Such designation shall be made in such manner as the 
     Secretary may prescribe.
       ``(c) Treatment of Contributions.--
       ``(1) No deduction allowed.--No deduction shall be allowed 
     under section 219 for a contribution to a Small Business 
     Savings Account.
       ``(2) Contribution limit.--
       ``(A) In general.--The aggregate amount of contributions 
     for any taxable year to all Small Business Savings Accounts 
     maintained for the benefit of an individual shall not exceed 
     $10,000.
       ``(B) Aggregate limitation.--The aggregate of the amounts 
     which may be taken into account under subparagraph (A) for 
     all taxable years with respect to all Small Business Savings 
     Accounts maintained for the benefit of an individual shall 
     not exceed $150,000.
       ``(C) Cost of living adjustment.--The Secretary shall 
     adjust annually the $10,000 amount in subparagraph (A) for 
     increases in the cost-of-living at the same time and in the 
     same manner as adjustments under section 415(d); except that 
     the base period shall be the calendar quarter beginning July 
     1, 2011, and any increase which is not a multiple of $500 
     shall be rounded to the next lowest multiple of $500.
       ``(3) Contributions permitted after age 70\1/2\.--
     Contributions to a Small Business Savings Account may be made 
     even after the individual for whom the account is maintained 
     has attained age 70\1/2\.
       ``(4) Rollovers from retirement plans not allowed.--A 
     taxpayer shall not be allowed to make a qualified rollover 
     contribution to a Small Business Savings Account from any 
     qualified retirement plan (as defined in section 4974(c)).
       ``(d) Distribution Rules.--For purposes of this title--
       ``(1) General rules.--
       ``(A) Limitations on distributions.--All qualified 
     distributions from a Small Business Savings Account--
       ``(i) shall be limited to a single business, and
       ``(ii) must be disbursed not later than the last day of the 
     5th taxable year beginning after the initial disbursement.
       ``(B) Exclusions from gross income.--Any qualified 
     distribution from a Small Business Savings Account shall not 
     be includible in gross income.
       ``(2) Qualified distribution.--For purposes of this 
     subsection, the term `qualified distribution' means any 
     payment or distribution made for operating capital, the 
     purchase of equipment or facilities, marketing, training, 
     incorporation, and accounting fees.
       ``(3) Nonqualified distributions.--
       ``(A) In general.--In applying section 72 to any 
     distribution from a Small Business Savings Account which is 
     not a qualified distribution, such distribution shall be 
     treated as made from contributions to the Small Business 
     Savings Account to the extent that such distribution, when 
     added to all previous distributions from the Small Business 
     Savings Account, does not exceed the aggregate amount of 
     contributions to the Small Business Savings Account.
       ``(B) Treatment of amounts remaining in account.--Any 
     remaining amount in a Small Business Savings Account 
     following the date described in paragraph (1)(A)(ii) shall be 
     treated as distributed during the taxable year following such 
     date and such distribution shall not be treated as a 
     qualified distribution.
       ``(4) Rollovers to a roth ira.--Subject to the application 
     of the treatment of contributions in section 408A(c), 
     distributions from a Small Business Savings Account may be 
     rolled over into a Roth IRA.''.
       (b) Excess Contributions.--Section 4973 of the Internal 
     Revenue Code of 1986 is amended by adding at the end the 
     following new subsection:
       ``(h) Excess Contributions to Small Business Savings 
     Accounts.--For purposes of this section, in the case of 
     contributions to all Small Business Savings Accounts (within 
     the meaning of section 408B(b)) maintained for the benefit of 
     an individual, the term `excess contributions' means the sum 
     of--
       ``(1) the excess (if any) of--
       ``(A) the amount contributed to such accounts for the 
     taxable year, over
       ``(B) the amount allowable as a contribution under section 
     408B(c)(2) for such taxable year, and

[[Page 4075]]

       ``(2) the amount determined under this subsection for the 
     preceding taxable year, reduced by the sum of--
       ``(A) the distributions out of the accounts for the taxable 
     year, and
       ``(B) the excess (if any) of--
       ``(i) the maximum amount allowable as a contribution under 
     section 408B(c)(2) for such taxable year, over
       ``(ii) the amount contributed to such accounts for such 
     taxable year.''.
       (c) Conforming Amendment.--The table of sections for 
     subpart A of part I of subchapter D of chapter 1 of the 
     Internal Revenue Code of 1986 is amended by inserting after 
     the item relating to section 408A the following new item:

``Sec. 408B. Small Business Savings Accounts.''.

       (d) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after December 31, 
     2010.

     SEC. 505. REDUCTION OF GOVERNMENT PRINTING COSTS.

       (a) Strategy and Guidelines.--Not later than 180 days after 
     the date of the enactment of this Act, the Director of the 
     Office of Management and Budget shall coordinate with the 
     heads of the Executive departments and independent 
     establishments, as those terms are defined in chapter 1 of 
     title 5, United States Code--
       (1) to develop a strategy to reduce Government printing 
     costs during the 10-year period beginning on September 1, 
     2011; and
       (2) to issue Government-wide guidelines for printing that 
     implements the strategy developed under paragraph (1).
       (b) Considerations.--
       (1) In general.--In developing the strategy under 
     subsection (a)(1), the Director of the Office of Management 
     and Budget and the heads of the Executive departments and 
     independent establishments shall consider guidelines for--
       (A) duplex and color printing;
       (B) the use of digital file systems by Executive 
     departments and independent establishments; and
       (C) determining which Government publications might be made 
     available on Government Web sites instead of being printed.
       (2) Essential printed documents.--The Director of the 
     Office of Management and Budget shall ensure that printed 
     versions of documents that the Director determines are 
     essential to individuals--
       (A) who are entitled to or enrolled for benefits under part 
     A of title XVIII of the Social Security Act (42 U.S.C. 1395 
     et seq.);
       (B) who are enrolled for benefits under part B of such 
     title;
       (C) who receive old-age survivors' or disability insurance 
     payments under title II of such Act (42 U.S.C. 401 et seq.), 
     or
       (D) who have limited ability to use or access the Internet,
     are available after the issuance of the guidelines under 
     subsection (a)(2).
                                 ______
                                 
  SA 189. Mr. PRYOR submitted an amendment intended to be proposed by 
him to the bill S. 493, to reauthorize and improve the SBIR and STTR 
programs, and for other purposes; which was ordered to lie on the 
table; as follows:

       On page 73, after line 23, add the following:

     SEC. 2__. INITIATIVE TO PUBLICIZE THE SBIR PROGRAMS AND STTR 
                   PROGRAMS TO VETERANS.

       The Administrator, in consultation with the Secretary of 
     Veterans Affairs, shall develop an initiative--
       (1) to publicize the SBIR programs and STTR programs of the 
     Federal agencies to veterans recently separated from service 
     in the Armed Forces; and
       (2) to encourage veterans with applicable technical skills 
     to apply for awards under the SBIR programs and STTR programs 
     of the Federal agencies.
                                 ______
                                 
  SA 190. Mr. PRYOR submitted an amendment intended to be proposed by 
him to the bill S. 493, to reauthorize and improve the SBIR and STTR 
programs, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the end, add the following:

     SEC. __. PROVIDING EXPLANATIONS TO UNSUCCESSFUL APPLICANTS.

       Section 9 of the Small Business Act (15 U.S.C. 638), as 
     amended by this Act, is amended by adding at the end the 
     following:
       ``(nn) Providing Explanations to Unsuccessful Applicants.--
     Each Federal agency required to carry out an SBIR program or 
     STTR program shall--
       ``(1) include in each solicitation relating to a contract 
     awarded under the SBIR program or STTR program a notice in 
     plain language stating that a small business concern that 
     responds to the solicitation and is not awarded the contract 
     may request from the Federal agency an explanation of the 
     reasons the small business concern was not awarded the 
     contract; and
       ``(2) upon request, provide to a small business concern an 
     explanation of the reasons the small business concern was not 
     awarded a contract under the SBIR program or STTR program.''.
                                 ______
                                 
  SA 191. Mr. CASEY submitted an amendment intended to be proposed by 
him to the bill S. 493, to reauthorize and improve the SBIR and STTR 
programs, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the end of title III, add the following:

     SEC. 3__. SUBCONTRACTOR NOTIFICATIONS.

       Section 8(d) of the Small Business Act (15 U.S.C. 637(d)) 
     is amended by adding at the end the following:
       ``(13) Notification Requirement.--
       ``(A) In general.--An offeror with respect to a contract 
     let by a Federal agency that is to be awarded pursuant to the 
     negotiated method of procurement that intends to identify a 
     small business concern as a potential subcontractor in the 
     offer relating to the contract shall--
       ``(i) notify the small business concern that the offeror 
     intends to identify the small business concern as a potential 
     subcontractor in the offer; and
       ``(ii) include with the offer a written acknowledgment by 
     the small business concern that the small business concern 
     has received the notice required under clause (i).
       ``(B) Penalties.--If an offeror fails to notify a small 
     business concern under subparagraph (A)(i), the head of the 
     Federal agency that let the contract described in 
     subparagraph (A) shall--
       ``(i) for the first such failure by the offeror, fine the 
     offeror, in an amount equal to 20 percent of the value of the 
     contract;
       ``(ii) for the second such failure by the offeror--
       ``(I) fine the offeror, in an amount equal to 50 percent of 
     the value of the contract; and
       ``(II) debar the offeror from contracting with the United 
     States for a period of 1 year; and
       ``(iii) for the third such failure by the offeror, debar 
     the offeror from contracting with the United States.
       ``(14) Reporting by Subcontractors.--The Administrator 
     shall establish a reporting mechanism that allows a 
     subcontractor to report fraudulent activity by a contractor 
     with respect to a subcontracting plan submitted to a 
     procurement authority under paragraph (4)(B).''.
                                 ______
                                 
  SA 192. Mr. CASEY submitted an amendment intended to be proposed by 
him to the bill S. 493, to reauthorize and improve the SBIR and STTR 
programs, and for other purposes; which was ordered to lie on the 
table; as follows:

       On page _, between lines _ and _, insert the following:

     SEC. ___. MINORITY BUSINESS DEVELOPMENT PROGRAM.

       (a) Definitions.--In this section:
       (1) Historically disadvantaged individual.--The term 
     ``historically disadvantaged individual'' means any 
     individual who is a member of a group that is designated as 
     eligible to receive assistance under section 1400.1 of title 
     15, Code of Federal Regulations, as in effect on January 1, 
     2009.
       (2) Principal.--The term ``principal'' means any person 
     that the Director determines exercises significant control 
     over the regular operations of a business entity.
       (b) Program Required.--The Director of the Minority 
     Business Development Agency shall establish the Minority 
     Business Development Program (in this section referred to as 
     the ``Program'') to assist qualified minority businesses. The 
     Program shall provide contract procurement assistance to such 
     businesses.
       (c) Qualified Minority Business.--
       (1) Certification.--For purposes of the Program, the 
     Director may certify as a qualified minority business any 
     entity that satisfies each of the following:
       (A) Not less than 51 percent of the entity is directly and 
     unconditionally owned or controlled by historically 
     disadvantaged individuals.
       (B) Each officer or other individual who exercises control 
     over the regular operations of the entity is a historically 
     disadvantaged individual.
       (C) The net worth of each principal of the entity is not 
     greater than $2,000,000. (The equity of a disadvantaged owner 
     in a primary personal residence shall be considered in this 
     calculation.)
       (D) The principal place of business of the entity is in the 
     United States.
       (E) Each principal of the entity maintains good character 
     in the determination of the Director.
       (F) The entity engages in competitive and bona fide 
     commercial business operations in not less than one sector of 
     industry that has a North American Industry Classification 
     System code.
       (G) The entity submits reports to the Director at such 
     time, in such form, and containing such information as the 
     Director may require.
       (H) Any additional requirements that the Director 
     determines appropriate.
       (2) Term of certification.--A certification under this 
     subsection shall be for a term of 5 years and may not be 
     renewed.
       (d) Set-aside Contracting Opportunities.--

[[Page 4076]]

       (1) In general.--The Director may enter into agreements 
     with the United States Government and any department, agency, 
     or officer thereof having procurement powers for purposes of 
     providing for the fulfillment of procurement contracts and 
     providing opportunities for qualified minority businesses 
     with regard to such contracts.
       (2) Qualifications on participation.--The Director shall by 
     rule establish requirements for participation under this 
     section by a qualified minority business in a contract.
       (3) Annual limit on number of contracts per qualified 
     minority business.--A qualified minority business may not 
     participate under this section in contracts in an amount that 
     exceeds $10,000,000 for goods and services each fiscal year.
       (4) Limits on contract amounts.--
       (A) Goods and services.--Except as provided in subparagraph 
     (B), a contract for goods and services under this subsection 
     may not exceed $6,000,000.
       (B) Manufacturing and construction.--A contract for 
     manufacturing and construction services under this subsection 
     may not exceed $10,000,000.
       (e) Termination From the Program.--The Director may 
     terminate a qualified minority business from the Program for 
     any violation of a requirement of subsections (c) and (d) by 
     that qualified minority business, including the following:
       (1) Conduct by a principal of the qualified minority 
     business that indicates a lack of business integrity.
       (2) Willful failure to comply with applicable labor 
     standards and obligations.
       (3) Consistent failure to tender adequate performance with 
     regard to contracts under the Program.
       (4) Failure to obtain and maintain relevant certifications.
       (5) Failure to pay outstanding obligations owed to the 
     Federal Government.
                                 ______
                                 
  SA 193. Ms. SNOWE (for herself, Ms. Landrieu, Mr. Coburn, Mr. Webb, 
and Mr. Kerry) submitted an amendment intended to be proposed by her to 
the bill S. 493, to reauthorize and improve the SBIR and STTR programs, 
and for other purposes; as follows:

       At the end of title V, add the following:

     SEC. 504. NATIONAL VETERANS BUSINESS DEVELOPMENT CORPORATION.

       (a) In General.--The Small Business Act (15 U.S.C. 631 et 
     seq.) is amended by striking section 33 (15 U.S.C. 657c).
       (b) Corporation.--On and after the date of enactment of 
     this Act, the National Veterans Business Development 
     Corporation and any successor thereto may not represent that 
     the corporation is federally chartered or in any other manner 
     authorized by the Federal Government.
       (c) Conforming Amendments.--
       (1) Small business act.--The Small Business Act (15 U.S.C. 
     631 et seq.), as amended by this Act, is amended--
       (A) by redesignating sections 34 through 45 as sections 33 
     through 44, respectively;
       (B) in section 9(k)(1)(D) (15 U.S.C. 638(k)(1)(D)), as 
     amended by section 201(b)(3) of this Act, by striking 
     ``section 34(d)'' and inserting ``section 33(d)'';
       (C) in section 9(s), as added by section 201(a) of this 
     Act--
       (i) by striking ``section 34'' each place it appears and 
     inserting ``section 33'';
       (ii) in paragraph (1)(E), by striking ``section 34(e)'' and 
     inserting ``section 33(e)''; and
       (iii) in paragraph (7)(B), by striking ``section 34(d)'' 
     and inserting ``section 33(d)'';
       (D) in section 35(d) (15 U.S.C. 657i(d)), as so 
     redesignated and as amended by section 201(b)(5), by striking 
     ``section 42'' and inserting ``section 41'';
       (E) in section 38(d) (15 U.S.C. 657l(d)), as so 
     redesignated and as amended by section 201(b)(6) of this Act, 
     by striking ``section 42'' and inserting ``section 41''; and
       (F) in section 39(b) (15 U.S.C. 657m(b)), as so 
     redesignated and as amended by section 201(b)(7) of this Act, 
     by striking ``section 42'' and inserting ``section 41''.
       (2) This act.--
       (A) In general.--The amendments made by section 205(b) of 
     this Act shall have no force or effect.
       (B) Prospective repeal of the small business innovation 
     research program.--Effective 5 years after the date of 
     enactment of this Act, the Small Business Act (15 U.S.C. 631 
     et seq.) is amended--
       (i) by striking section 42, as added by section 205(a) of 
     this Act and redesignated by paragraph (1)(A) of this 
     subsection; and
       (ii) by redesignating sections 43 and 44, as redesignated 
     by paragraph (1)(A) of this subsection, as sections 42 and 
     43, respectively.
       (3) Veterans entrepreneurship and small business 
     development act of 1999.--Section 203(c)(5) of the Veterans 
     Entrepreneurship and Small Business Development Act of 1999 
     (15 U.S.C. 657b note) is amended by striking ``In cooperation 
     with the National Veterans Business Development Corporation, 
     develop'' and inserting ``Develop''.
       (4) Title 10.--Section 1142(b)(13) of title 10, United 
     States Code, is amended by striking ``and the National 
     Veterans Business Development Corporation''.
       (5) Title 38.--Section 3452(h) of title 38, United States 
     Code, is amended by striking ``any of the'' and all that 
     follows and inserting ``any small business development center 
     described in section 21 of the Small Business Act (15 U.S.C. 
     648), insofar as such center offers, sponsors, or cosponsors 
     an entrepreneurship course, as that term is defined in 
     section 3675(c)(2).''.
                                 ______
                                 
  SA 194. Ms. COLLINS submitted an amendment intended to be proposed by 
her to the bill S. 493, to reauthorize and improve the SBIR and STTR 
programs, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the end, add the following:

     SEC. 4. AGENCY ASSESSMENT OF SIGNIFICANT REGULATORY ACTIONS.

       (a) Definitions.--In this section--
       (1) the term ``Administrator'' means the Administrator of 
     the Office of Information and Regulatory Affairs in the 
     Office of Management and Budget;
       (2) the term ``agency'' has the same meaning as in section 
     3502(1) of title 44, United States Code;
       (3) the term ``disseminated''--
       (A) means prepared by an agency and distributed to the 
     public or regulated entities; and
       (B) does not include--
       (i) distribution limited to Federal Government employees;
       (ii) intra- or interagency use or sharing of Federal 
     Government information; and
       (iii) responses to requests for agency records under 
     section 552 of title 5, United States Code (commonly referred 
     to as the ``Freedom of Information Act''), section 552a of 
     title 5, United States Code, (commonly referred to as the 
     ``Privacy Act''), the Federal Advisory Committee Act (5 
     U.S.C. App.), or other similar laws;
       (4) the term ``guidance document'' means an agency 
     statement of general applicability and future effect, other 
     than a regulatory action, that sets forth a policy on a 
     statutory, regulatory or technical issue or an interpretation 
     of a statutory or regulatory issue;
       (5) the term ``regulation'' means an agency statement of 
     general applicability and future effect, which the agency 
     intends to have the force and effect of law, that is designed 
     to implement, interpret, or prescribe law or policy or to 
     describe the procedure or practice requirements of an agency;
       (6) the term ``regulatory action'' means any substantive 
     action by an agency (normally published in the Federal 
     Register) that promulgates or is expected to lead to the 
     promulgation of a final regulation, including notices of 
     inquiry, advance notices of proposed rulemaking, and notices 
     of proposed rulemaking;
       (7) the term ``significant guidance document''--
       (A) means a guidance document disseminated to regulated 
     entities or the general public that may reasonably be 
     anticipated to--
       (i) lead to an annual effect on the economy of $ 
     100,000,000 or more or affect in a material way the economy, 
     a sector of the economy, productivity, competition, jobs, the 
     environment, public health or safety, or State, local, or 
     tribal governments or communities;
       (ii) create a serious inconsistency or otherwise interfere 
     with an action taken or planned by another agency;
       (iii) materially alter the budgetary impact of 
     entitlements, grants, user fees, or loan programs or the 
     rights and obligations of recipients thereof; or
       (iv) raise novel legal or policy issues arising out of 
     legal mandates and the priorities, principles, and provisions 
     of this section; and
       (B) does not include--
       (i) legal advisory opinions for internal Executive Branch 
     use and not for release (such as Department of Justice Office 
     of Legal Counsel opinions);
       (ii) briefs and other positions taken by agencies in 
     investigations, pre-litigation, litigation, or other 
     enforcement proceedings;
       (iii) speeches;
       (iv) editorials;
       (v) media interviews;
       (vi) press materials;
       (vii) congressional correspondence;
       (viii) guidance documents that pertain to a military or 
     foreign affairs function of the United States (other than 
     guidance on procurement or the import or export of non-
     defense articles and services);
       (ix) grant solicitations;
       (x) warning letters;
       (xi) case or investigatory letters responding to complaints 
     involving fact-specific determinations;
       (xii) purely internal agency policies;
       (xiii) guidance documents that pertain to the use, 
     operation or control of a government facility;
       (xiv) internal guidance documents directed solely to other 
     agencies; and
       (xv) any other category of significant guidance documents 
     exempted by an agency head in consultation with the 
     Administrator; and
       (8) the term ``significant regulatory action'' means any 
     regulatory action that is likely to result in a regulation 
     that may--
       (A) have an annual effect on the economy of $100,000,000 or 
     more or adversely affect in a material way the economy, a 
     sector of the economy, productivity, competition, jobs, the 
     environment, public health or safety, or State, local, or 
     tribal governments or communities;

[[Page 4077]]

       (B) create a serious inconsistency or otherwise interfere 
     with an action taken or planned by another agency;
       (C) materially alter the budgetary impact of entitlements, 
     grants, user fees, or loan programs or the rights and 
     obligations of recipients thereof; or
       (D) raise novel legal or policy issues arising out of legal 
     mandates and the priorities, principles, and provisions of 
     this section.
       (b) Agency Assessment of Significant Regulatory Actions.--
     For each significant regulatory action, each agency shall 
     submit, at such times specified by the Administrator, a 
     report to the Office of Information and Regulatory Affairs 
     that includes--
       (1) an assessment, including the underlying analysis, of 
     benefits anticipated from the significant regulatory action, 
     such as--
       (A) the promotion of the efficient functioning of the 
     economy and private markets;
       (B) the enhancement of health and safety;
       (C) the protection of the natural environment; and
       (D) the elimination or reduction of discrimination or bias;
       (2) to the extent feasible, a quantification of the 
     benefits assessed under paragraph (1);
       (3) an assessment, including the underlying analysis, of 
     costs anticipated from the regulatory action, such as--
       (A) the direct cost both to the Federal Government in 
     administering the significant regulatory action and to 
     businesses, consumers, and others (including State, local, 
     and tribal officials) in complying with the regulation; and
       (B) any adverse effects on the efficient functioning of the 
     economy, private markets (including productivity, employment, 
     and competitiveness), health, safety, the natural 
     environment, job creation, the prices of consumer goods, and 
     energy costs;
       (4) to the extent feasible, a quantification of the costs 
     assessed under paragraph (3); and
       (5) an assessment, including the underlying analysis, of 
     costs and benefits of potentially effective and reasonably 
     feasible alternatives to the planned significant regulatory 
     action, identified by the agency or the public (including 
     improving the current regulation and reasonably viable 
     nonregulatory actions), and an explanation why the planned 
     regulatory action is preferable to the identified potential 
     alternatives.
                                 ______
                                 
  SA 195. Ms. COLLINS submitted an amendment intended to be proposed by 
her to the bill S. 493, to reauthorize and improve the SBIR and STTR 
programs, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the end, add the following:

     SEC. 4. REDUCTION OR WAIVER OF CIVIL PENALTIES IMPOSED ON 
                   SMALL ENTITIES.

       (a) In General.--Chapter 6 of title 5, United States Code, 
     is amended by adding at the end the following:

     ``Sec. 613. Reduction or waiver of civil penalties imposed on 
       small entities

       ``(a) Upon the request of a small entity, a Regional 
     Advocate of the Office of Advocacy of the Small Business 
     Administration (referred to in this section as a `Regional 
     Advocate') shall submit to an agency a request that the 
     agency reduce or waive a civil penalty imposed on the small 
     entity, if the Regional Advocate determines that--
       ``(1) the civil penalty was the result of a first-time 
     violation by the small entity of a requirement to report 
     information to the agency; and
       ``(2) the reduction or waiver is consistent with the 
     conditions and exclusions described in paragraphs (1), (3), 
     (4), (5), and (6) of section 223(b) of the Small Business 
     Regulatory Enforcement Fairness Act of 1996 (Public Law 104-
     121; 110 Stat. 862).
       ``(b) Not later than 60 days after the receipt of a request 
     from a Regional Advocate under subsection (a), an agency 
     shall send written notice of the decision of the agency with 
     respect to the request, together with the reasons for the 
     decision, to the Regional Advocate that made the request and 
     the relevant small entity.
       ``(c) The Chief Counsel for Advocacy shall submit to 
     Congress an annual report summarizing--
       ``(1) the requests received by the Regional Advocates from 
     small entities under subsection (a); and
       ``(2) the requests submitted by the Regional Advocates to 
     agencies under subsection (a) and the results of the 
     requests.''.
       (b) Technical and Conforming Amendment.--The table of 
     sections for chapter 6 of title 5, United States Code, is 
     amended by adding at the end the following:

``613. Reduction or waiver of civil penalties imposed on small 
              entities.''.
                                 ______
                                 
  SA 196. Ms. COLLINS submitted an amendment intended to be proposed by 
her to the bill S. 493, to reauthorize and improve the SBIR and STTR 
programs, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the end, add the following:

     SEC. 4. REGULATORY REFORM.

       (a) Definitions.--In this section--
       (1) the term ``Administrator'' means the Administrator of 
     the Office of Information and Regulatory Affairs in the 
     Office of Management and Budget;
       (2) the term ``agency'' has the same meaning as in section 
     3502(1) of title 44, United States Code;
       (3) the term ``economically significant guidance document'' 
     means a significant guidance document that may reasonably be 
     anticipated to lead to an annual effect on the economy of $ 
     100,000,000 or more or adversely affect in a material way the 
     economy or a sector of the economy, except that economically 
     significant guidance documents do not include guidance 
     documents on Federal expenditures and receipts;
       (4) the term ``disseminated''--
       (A) means prepared by an agency and distributed to the 
     public or regulated entities; and
       (B) does not include--
       (i) distribution limited to Federal Government employees;
       (ii) intra- or interagency use or sharing of Federal 
     Government information; and
       (iii) responses to requests for agency records under 
     section 552 of title 5, United States Code (commonly referred 
     to as the ``Freedom of Information Act''), section 552a of 
     title 5, United States Code, (commonly referred to as the 
     ``Privacy Act''), the Federal Advisory Committee Act (5 
     U.S.C. App.), or other similar laws;
       (5) the term ``guidance document'' means an agency 
     statement of general applicability and future effect, other 
     than a regulatory action, that sets forth a policy on a 
     statutory, regulatory or technical issue or an interpretation 
     of a statutory or regulatory issue;
       (6) the term ``regulation'' means an agency statement of 
     general applicability and future effect, which the agency 
     intends to have the force and effect of law, that is designed 
     to implement, interpret, or prescribe law or policy or to 
     describe the procedure or practice requirements of an agency;
       (7) the term ``regulatory action'' means any substantive 
     action by an agency (normally published in the Federal 
     Register) that promulgates or is expected to lead to the 
     promulgation of a final regulation, including notices of 
     inquiry, advance notices of proposed rulemaking, and notices 
     of proposed rulemaking;
       (8) the term ``significant guidance document''--
       (A) means a guidance document disseminated to regulated 
     entities or the general public that may reasonably be 
     anticipated to--
       (i) lead to an annual effect on the economy of $ 
     100,000,000 or more or affect in a material way the economy, 
     a sector of the economy, productivity, competition, jobs, the 
     environment, public health or safety, or State, local, or 
     tribal governments or communities;
       (ii) create a serious inconsistency or otherwise interfere 
     with an action taken or planned by another agency;
       (iii) materially alter the budgetary impact of 
     entitlements, grants, user fees, or loan programs or the 
     rights and obligations of recipients thereof; or
       (iv) raise novel legal or policy issues arising out of 
     legal mandates and the priorities, principles, and provisions 
     of this section; and
       (B) does not include--
       (i) legal advisory opinions for internal Executive Branch 
     use and not for release (such as Department of Justice Office 
     of Legal Counsel opinions);
       (ii) briefs and other positions taken by agencies in 
     investigations, pre-litigation, litigation, or other 
     enforcement proceedings;
       (iii) speeches;
       (iv) editorials;
       (v) media interviews;
       (vi) press materials;
       (vii) congressional correspondence;
       (viii) guidance documents that pertain to a military or 
     foreign affairs function of the United States (other than 
     guidance on procurement or the import or export of non-
     defense articles and services);
       (ix) grant solicitations;
       (x) warning letters;
       (xi) case or investigatory letters responding to complaints 
     involving fact-specific determinations;
       (xii) purely internal agency policies;
       (xiii) guidance documents that pertain to the use, 
     operation or control of a government facility;
       (xiv) internal guidance documents directed solely to other 
     agencies; and
       (xv) any other category of significant guidance documents 
     exempted by an agency head in consultation with the 
     Administrator; and
       (9) the term ``significant regulatory action'' means any 
     regulatory action that is likely to result in a regulation 
     that may--
       (A) have an annual effect on the economy of $100,000,000 or 
     more or adversely affect in a material way the economy, a 
     sector of the economy, productivity, competition, jobs, the 
     environment, public health or safety, or State, local, or 
     tribal governments or communities;
       (B) create a serious inconsistency or otherwise interfere 
     with an action taken or planned by another agency;
       (C) materially alter the budgetary impact of entitlements, 
     grants, user fees, or loan programs or the rights and 
     obligations of recipients thereof; or

[[Page 4078]]

       (D) raise novel legal or policy issues arising out of legal 
     mandates and the priorities, principles, and provisions of 
     this section.
       (b) Agency Assessment of Significant Regulatory Actions.--
     For each significant regulatory action, each agency shall 
     submit, at such times specified by the Administrator, a 
     report to the Office of Information and Regulatory Affairs 
     that includes--
       (1) an assessment, including the underlying analysis, of 
     benefits anticipated from the significant regulatory action, 
     such as--
       (A) the promotion of the efficient functioning of the 
     economy and private markets;
       (B) the enhancement of health and safety;
       (C) the protection of the natural environment; and
       (D) the elimination or reduction of discrimination or bias;
       (2) to the extent feasible, a quantification of the 
     benefits assessed under paragraph (1);
       (3) an assessment, including the underlying analysis, of 
     costs anticipated from the regulatory action, such as--
       (A) the direct cost both to the Federal Government in 
     administering the significant regulatory action and to 
     businesses, consumers, and others (including State, local, 
     and tribal officials) in complying with the regulation; and
       (B) any adverse effects on the efficient functioning of the 
     economy, private markets (including productivity, employment, 
     and competitiveness), health, safety, the natural 
     environment, job creation, the prices of consumer goods, and 
     energy costs;
       (4) to the extent feasible, a quantification of the costs 
     assessed under paragraph (3); and
       (5) an assessment, including the underlying analysis, of 
     costs and benefits of potentially effective and reasonably 
     feasible alternatives to the planned significant regulatory 
     action, identified by the agency or the public (including 
     improving the current regulation and reasonably viable 
     nonregulatory actions), and an explanation why the planned 
     regulatory action is preferable to the identified potential 
     alternatives.
       (c) Agency Good Guidance Practices.--
       (1) Agency standards for significant guidance documents.--
       (A) Approval procedures.--
       (i) In general.--Each agency shall develop or have written 
     procedures for the approval of significant guidance 
     documents, which shall ensure that the issuance of 
     significant guidance documents is approved by appropriate 
     senior agency officials.
       (ii) Requirement.--Employees of an agency may not depart 
     from significant guidance documents without appropriate 
     justification and supervisory concurrence.
       (B) Standard elements.--Each significant guidance 
     document--
       (i) shall--

       (I) include the term ``guidance'' or its functional 
     equivalent;
       (II) identify the agency or office issuing the document;
       (III) identify the activity to which and the persons to 
     whom the significant guidance document applies;
       (IV) include the date of issuance;
       (V) note if the significant guidance document is a revision 
     to a previously issued guidance document and, if so, identify 
     the document that the significant guidance document replaces;
       (VI) provide the title of the document and a document 
     identification number; and
       (VII) include the citation to the statutory provision or 
     regulation (in Code of Federal Regulations format) which the 
     significant guidance document applies to or interprets; and

       (ii) shall not include mandatory terms such as ``shall'', 
     ``must'', ``required'', or ``requirement'' unless--

       (I) the agency is using those terms to describe a statutory 
     or regulatory requirement; or
       (II) the terminology is addressed to agency staff and will 
     not foreclose agency consideration of positions advanced by 
     affected private parties.

       (2) Public access and feedback for significant guidance 
     documents.--
       (A) Internet access.--
       (i) In general.--Each agency shall--

       (I) maintain on the website for the agency, or as a link on 
     the website of the agency to the electronic list posted on a 
     website of a component of the agency a list of the 
     significant guidance documents in effect of the agency, 
     including a link to the text of each significant guidance 
     document that is in effect; and
       (II) not later than 30 days after the date on which a 
     significant guidance document is issued, update the list 
     described in clause (i).

       (ii) List requirements.--The list described in subparagraph 
     (A)(i) shall--

       (I) include the name of each--

       (aa) significant guidance document;
       (bb) document identification number; and
       (cc) issuance and revision dates; and

       (II) identify significant guidance documents that have been 
     added, revised, or withdrawn in the preceding year.

       (B) Public feedback.--
       (i) In general.--Each agency shall establish and clearly 
     advertise on the website for the agency a means for the 
     public to electronically submit--

       (I) comments on significant guidance documents; and
       (II) a request for issuance, reconsideration, modification, 
     or rescission of significant guidance documents.

       (ii) Agency response.--Any comments or requests submitted 
     under subparagraph (A)--

       (I) are for the benefit of the agency; and
       (II) shall not require a formal response from the agency.

       (iii) Office for public comments.--

       (I) In general.--Each agency shall designate an office to 
     receive and address complaints from the public relating to--

       (aa) the failure of the agency to follow the procedures 
     described in this section; or
       (bb) the failure to treat a significant guidance document 
     as a binding requirement.

       (II) Website.--The agency shall provide, on the website of 
     the agency, the name and contact information for the office 
     designated under clause (i).

       (3) Notice and public comment for economically significant 
     guidance documents.--
       (A) In general.--Except as provided in paragraph (2), in 
     preparing a draft of an economically significant guidance 
     document, and before issuance of the final significant 
     guidance document, each agency shall--
       (i) publish a notice in the Federal Register announcing 
     that the draft document is available;
       (ii) post the draft document on the Internet and make a 
     tangible copy of that document publicly available (or notify 
     the public how the public can review the guidance document if 
     the document is not in a format that permits such electronic 
     posting with reasonable efforts);
       (iii) invite public comment on the draft document; and
       (iv) prepare and post on the website of the agency a 
     document with responses of the agency to public comments.
       (B) Exceptions.--In consultation with the Administrator, an 
     agency head may identify a particular economically 
     significant guidance document or category of such documents 
     for which the procedures of this subsection are not feasible 
     or appropriate.
       (4) Emergencies.--
       (A) In general.--In emergency situations or when an agency 
     is obligated by law to act more quickly than normal review 
     procedures allow, the agency shall notify the Administrator 
     as soon as possible and, to the extent practicable, comply 
     with this subsection.
       (B) Significant guidance documents subject to statutory or 
     court-imposed deadline.--For a significant guidance document 
     that is governed by a statutory or court-imposed deadline, 
     the agency shall, to the extent practicable, schedule the 
     proceedings of the agency to permit sufficient time to comply 
     with this subsection.
       (5) Effective date.--This section shall take effect 60 days 
     after the date of enactment of this Act.
                                 ______
                                 
  SA 197. Mrs. HUTCHISON (for herself, Mr. Hatch, Mr. Moran, Mr. 
Cochran, Mr. Kyl, Ms. Murkowski, and Mr. Barrasso) submitted an 
amendment intended to be proposed by her to the bill S. 493, to 
reauthorize and improve the SBIR and STTR programs, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the end of title V, add the following:

     SEC. 504. EFFECTIVE DATE OF PPACA.

       (a) In General.--Notwithstanding any other provision of 
     law, the provisions of the Patient Protection and Affordable 
     Care Act (Public Law 111-148) and the Health Care and 
     Education Reconciliation Act of 2010 (Public Law 111-152), 
     including the amendments made by such Acts, that are not in 
     effect on the date of enactment of this Act shall not be in 
     effect until the date on which final judgment is entered in 
     all cases challenging the constitutionality of the 
     requirement to maintain minimum essential coverage under 
     section 5000A of the Internal Revenue Code of 1986 that are 
     pending before a Federal court on the date of enactment of 
     this Act.
       (b) Promulgation of Regulations.--Notwithstanding any other 
     provision of law, the Federal Government shall not promulgate 
     regulations under the Patient Protection and Affordable Care 
     Act (Public Law 111-148) or the Health Care and Education 
     Reconciliation Act of 2010 (Public Law 111-152), including 
     the amendments made by such Acts, or otherwise prepare to 
     implement such Acts (or amendments made by such Acts), until 
     the date on which final judgment is entered in all cases 
     challenging the constitutionality of the requirement to 
     maintain minimum essential coverage under section 5000A of 
     the Internal Revenue Code of 1986 that are pending before a 
     Federal court on the date of enactment of this Act.
                                 ______
                                 
  SA 198. Mrs. HUTCHISON (for herself, Mr. Cornyn, Mr. Vitter, Ms. 
Murkowski, Mr. Shelby, Mr. Wicker, Mr. Cochran, and Mr. Webb) submitted 
an amendment intended to be proposed by her to the bill S. 493, to 
reauthorize and improve the SBIR and STTR programs, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the end of title V, add the following:

[[Page 4079]]



     SEC. 5___. EXTENSION OF CERTAIN OUTER CONTINENTAL SHELF 
                   LEASES.

       (a) Definition of Covered Lease.--In this section, the term 
     ``covered lease'' means each oil and gas lease for the Gulf 
     of Mexico outer Continental Shelf region issued under section 
     8 of the Outer Continental Shelf Lands Act (43 U.S.C. 1337) 
     that was--
       (1) not producing as of April 30, 2010; or
       (2) suspended from operations, permit processing, or 
     consideration, in accordance with the moratorium set forth in 
     the Minerals Management Service Notice to Lessees and 
     Operators No. 2010-N04, dated May 30, 2010, or the decision 
     memorandum of the Secretary of the Interior entitled 
     ``Decision memorandum regarding the suspension of certain 
     offshore permitting and drilling activities on the Outer 
     Continental Shelf'' and dated July 12, 2010.
       (b) Extension of Covered Leases.--The Secretary of the 
     Interior shall extend the term of a covered lease by 1 year.
       (c) Effect on Suspensions of Operations or Production.--The 
     extension of covered leases under this Act is in addition to 
     any suspension of operations or suspension of production 
     granted by the Minerals Management Service or Bureau of Ocean 
     Energy Management, Regulation and Enforcement after May 1, 
     2010.
                                 ______
                                 
  SA 199. Mr. PAUL submitted an amendment intended to be proposed by 
him to the bill S. 493, to reauthorize and improve the SBIR and STTR 
programs, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the appropriate place, insert the following:

              TITLE ___--CUT FEDERAL SPENDING ACT OF 2011

     SEC. _01. SHORT TITLE AND DEFINITION.

       (a) Short Title.--This title may be cited as the ``Cut 
     Federal Spending Act of 2011''.
       (b) Defund.--In this Act, the term ``defund'' with respect 
     to an agency or program means--
       (1) all unobligated balances of the discretionary 
     appropriations, including any appropriations under this Act, 
     made available to the agency or program are rescinded; and
       (2) any statute authorizing the funding or activities of 
     the agency or program is deemed to be repealed.

     SEC. _02. LEGISLATIVE BRANCH.

       Amounts made available for fiscal year 2011 for the 
     legislative branch are reduced by $654,000,000.

     SEC. _03. JUDICIAL BRANCH.

       Amounts made available to the judicial branch for fiscal 
     year 2011 are reduced on a pro rata basis by the amount 
     required to bring total reduction to $155,000,000.

     SEC. _04. AGRICULTURE.

       Amounts made available to the Department of Agriculture for 
     fiscal year 2011 are reduced on a pro rata basis by the 
     amount required to bring total reduction to $1,427,000,000.

     SEC. _05. COMMERCE.

       Amounts made available to the Department of Commerce for 
     fiscal year 2011 are reduced on a pro rata basis by the 
     amount required to bring total reduction to $2,700,000,000.

     SEC. _06. DEFENSE.

       Amounts made available to the Department of Defense for 
     fiscal year 2011 are reduced on a pro rata basis by the 
     amount required to bring total reduction to $30,000,000,000.

     SEC. _07. EDUCATION.

       Amounts made available to the Department of Education for 
     fiscal year 2011 are reduced on a pro rata basis by the 
     amount required to bring total reduction to $46,258,000,000, 
     except for the Pell grant program which shall be capped at 
     $17,000,000,000.

     SEC. _08. ENERGY.

       Amounts made available to the Department of Energy for 
     fiscal year 2011 are reduced on a pro rata basis by the 
     amount required to bring total reduction to $9,602,000,000.

     SEC. _09. HEALTH AND HUMAN SERVICES.

       Amounts made available to the Department of Health and 
     Human Services for fiscal year 2011 are reduced on a pro rata 
     basis by the amount required to bring total reduction to 
     $26,510,000,000.

     SEC. _10. HOMELAND SECURITY.

       Amounts made available to the Department of Homeland 
     Security for fiscal year 2011 are reduced on a pro rata basis 
     by the amount required to bring total reduction to 
     $4,603,000,000.

     SEC. _11. HOUSING AND URBAN DEVELOPMENT.

       Amounts made available to the Department of Housing and 
     Urban Development for fiscal year 2011 are reduced on a pro 
     rata basis by the amount required to bring total reduction to 
     $22,000,000,000.

     SEC. _12. INTERIOR.

       Amounts made available to the Department of the Interior 
     for fiscal year 2011 are reduced on a pro rata basis by the 
     amount required to bring total reduction to $1,808,000,000.

     SEC. _13. JUSTICE.

       Amounts made available to the Department of Justice for 
     fiscal year 2011 are reduced on a pro rata basis by the 
     amount required to bring total reduction to $4,811,000,000.

     SEC. _14. LABOR.

       Amounts made available to the Department of Labor for 
     fiscal year 2011 are reduced on a pro rata basis by the 
     amount required to bring total reduction to $3,260,000,000.

     SEC. _15. STATE.

       Amounts made available to the Department of State for 
     fiscal year 2011 are reduced on a pro rata basis by the 
     amount required to bring total reduction to $8,216,000,000.

     SEC. _16. INTERNATIONAL ASSISTANCE.

       International assistance programs are defunded effective on 
     the date of enactment of this Act.

     SEC. _17. TRANSPORTATION.

       Amounts made available to the Department of Transportation 
     for fiscal year 2011 are reduced on a pro rata basis by the 
     amount required to bring total reduction to $14,724,000,000.

     SEC. _18. VETERANS' AFFAIRS.

       The Department of Veterans' Affairs shall not be subject to 
     funding cuts in fiscal year 2011.

     SEC. _19. CORPS OF ENGINEERS.

       Amounts made available to the Corps of Engineers for fiscal 
     year 2011 are reduced on a pro rata basis by the amount 
     required to bring total reduction to $4,135,000,000.

     SEC. _20. ENVIRONMENTAL PROTECTION AGENCY.

       Amounts made available to the Environmental Protection 
     Agency for fiscal year 2011 are reduced on a pro rata basis 
     by the amount required to bring total reduction to 
     $3,506,000,000.

     SEC. _21. GENERAL SERVICES ADMINISTRATION.

       Amounts made available to the General Services 
     Administration for fiscal year 2011 are reduced on a pro rata 
     basis by the amount required to bring total reduction to 
     $1,140,000,000.

     SEC. _22. NATIONAL AERONAUTICS AND SPACE ADMINISTRATION.

       Amounts made available to the National Aeronautics and 
     Space Administration for fiscal year 2011 are reduced on a 
     pro rata basis by the amount required to bring total 
     reduction to $480,000,000.

     SEC. _22. NATIONAL SCIENCE FOUNDATION.

       Amounts made available to the National Science Foundation 
     for fiscal year 2011 are reduced on a pro rata basis by the 
     amount required to bring total reduction to $1,733,000,000.

     SEC. _23. OFFICE OF PERSONNEL MANAGEMENT.

       Amounts made available to the Office of Personnel 
     Management for fiscal year 2011 are reduced on a pro rata 
     basis by the amount required to bring total reduction to 
     $133,000,000.

     SEC. _24. SOCIAL SECURITY ADMINISTRATION.

       The Social Security Administration shall not be subject to 
     funding cuts in fiscal year 2011.

     SEC. _25. REPEAL OF INDEPENDENT AGENCIES.

       The following agencies are defunded effective on the date 
     of enactment of this Act:
       (1) Affordable Housing Program.
       (2) Commission on Fine Arts.
       (3) Consumer Product Safety Commission.
       (4) Corporation for Public Broadcasting.
       (5) National Endowment for the Arts.
       (6) National Endowment for the Humanities.
       (7) State Justice Institute.
                                 ______
                                 
  SA 200. Mr. VITTER submitted an amendment intended to be proposed by 
him to the bill S. 493, to reauthorize and improve the SBIR and STTR 
programs, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the end, add the following:

     SEC. 504. REDUCTION OF FEDERAL PELL GRANT FUNDING.

       Notwithstanding any other provision of law, the amount 
     appropriated for Federal Pell Grants under subpart 1 of part 
     A of title IV of the Higher Education Act of 1965 (20 U.S.C. 
     1070a et seq.) for fiscal year 2011 shall equal the amount 
     appropriated for Federal Pell Grants for fiscal year 2009.
                                 ______
                                 
  SA 201. Mr. ENSIGN submitted an amendment intended to be proposed by 
him to the bill S. 493, to reauthorize and improve the SBIR and STTR 
programs, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the appropriate place, insert the following:

     SEC. __. REQUIREMENTS WITH RESPECT TO GRANTING WAIVERS.

       (a) In General.--The Secretary of Health and Human Services 
     (referred to in this section as the ``Secretary'') shall--
       (1) publish detailed criteria used by the Secretary to 
     determine approval of an application submitted by a group 
     health plan, health insurance issuer, employer, State, 
     municipality, or other entity eligible for a waiver, 
     adjustment, or other compliance relief provided for under the 
     authority of the Patient Protection and Affordable Care Act 
     (Public Law 111-148) or the Health Care and Education 
     Reconciliation Act (Public Law 111-152), including--

[[Page 4080]]

       (A) how much of a significant decrease in benefits with 
     respect to a health insurance plan or health insurance 
     coverage would need to occur in order have such a waiver 
     application approved by the Secretary; and
       (B) how much of a significant increase in premiums with 
     respect to a health insurance plan or health insurance 
     coverage would need to occur to have such a waiver 
     application approved by the Secretary;
       (2) publish on the Internet website of the Department of 
     Health and Human Services each application for a waiver 
     described in paragraph (1); and
       (3) publish on the Internet website of the Department of 
     Health and Human Services the determination of the Secretary 
     whether to approve or reject such application, and the reason 
     for such approval or rejection.
       (b) Protection of Proprietary Information.--In carrying out 
     subsection (a), the Secretary shall ensure the 
     confidentiality of proprietary information of each applicant.
       (c) Prohibition of Preferential Treatment.--In no case, 
     during any stage of the application process for an 
     application described in subsection (a)(1), shall 
     preferential treatment be given to an applicant based on 
     political contributions or association with a labor union, a 
     health plan provided for under a collective bargaining 
     agreement, or another organized labor group.
                                 ______
                                 
  SA 202. Mr. ENSIGN (for himself, Ms. Murkowski, Mr. McCain, Mr. 
Moran, and Mr. Barrasso) submitted an amendment intended to be proposed 
by him to the bill S. 493, to reauthorize and improve the SBIR and STTR 
programs, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the end of the bill, insert the following:

  TITLE __--CASTING LIGHT ON EAJA AGENCY RECORDS FOR OVERSIGHT ACT OF 
                                  2011

     SEC. _01. SHORT TITLE.

       This title may be cited as the ``Casting Light on EAJA 
     Agency Records for Oversight Act of 2011''.

     SEC. _02. FINDINGS.

       The Congress finds the following:
       (1) The Equal Access to Justice Act, established in 1980 to 
     provide small businesses, individuals, and public interest 
     groups the opportunity to recover attorney fees and costs, is 
     funded through a permanent Congressional appropriation.
       (2) The Equal Access to Justice Act, as passed, includes 
     statutory reporting requirements to Congress on the 
     administration and payments funded through the Act.
       (3) The Department of Justice and the Administrative 
     Conference of the United States ceased reporting to Congress 
     on EAJA payments and administration in 1995.
       (4) Payments authorized by EAJA have continued every year 
     without Congressional oversight.

     SEC. _03. DATA COMPILATION, REPORTING, AND PUBLIC ACCESS.

       (a) Reporting in Agency Adjudications.--Section 504(c) of 
     title 5, United States Code, is amended--
       (1) in subsection (c)(1), by striking ``After consultation 
     with the Chairman of the Administrative Conference of the 
     United States, each'' and inserting ``Each''; and
       (2) by striking subsection (e) and inserting the following:
       ``(e)(1) The Attorney General of the United States shall 
     issue an annual, online report to the Congress on the amount 
     of fees and other expenses awarded during the preceding 
     fiscal year under this section. The report shall describe the 
     number, nature, and amount of the awards, the claims involved 
     in the controversy, a justification for awards exceeding the 
     cap provided in subsection (b)(1)(A), and any other relevant 
     information that may aid the Congress in evaluating the scope 
     and impact of such awards. The report shall be made available 
     to the public online, and contain a searchable database, 
     total awards given, and total number of applications for the 
     award of fees and other expenses that were filed, defended, 
     and heard, and shall include, with respect to each such 
     application, the following:
       ``(A) Name of the party seeking the award of fees and other 
     expenses.
       ``(B) The agency to which the application for the award was 
     made.
       ``(C) The name of administrative law judges in the case.
       ``(D) The disposition of the application, including any 
     appeal of action taken on the application.
       ``(E) The hourly rates of attorneys and expert witnesses 
     stated in the application that was awarded.
       ``(2) The report under paragraph (1) shall cover payments 
     of fees and other expenses under this section that are made 
     under a settlement agreement.
       ``(3) Each agency shall provide the Attorney General with 
     such information as is necessary for the Attorney General to 
     comply with the requirements of this subsection.''.
       (b) Reporting in Court Cases.--Section 2412(d) of title 28, 
     United States Code, is amended by inserting after paragraph 
     (4), the following:
       ``(5) The Attorney General of the United States shall issue 
     an annual, online report to the Congress on the amount of 
     fees and other expenses awarded during the preceding fiscal 
     year under this subsection. The report shall describe the 
     number, nature, and amount of the awards, the claims involved 
     in the controversy, a justification for awards exceeding the 
     cap provided in paragraph (2)(A)(ii), and any other relevant 
     information that may aid the Congress in evaluating the scope 
     and impact of such awards. The report shall be made available 
     to the public online and shall contain a searchable database 
     of total awards given and the total number of cases filed, 
     defended, or heard, and shall include with respect to each 
     such case the following:
       ``(A) The name of the party seeking the award of fees and 
     other expenses in the case.
       ``(B) The district court hearing the case.
       ``(C) The names of presiding judges in the case.
       ``(D) The name of the agency involved in the case.
       ``(E) The disposition of the application for fees and other 
     expenses, including any appeal of action taken on the 
     application.
       ``(F) The hourly rates of attorneys and expert witnesses 
     stated in the application that was awarded.

     The report under this paragraph shall cover payments of fees 
     and other expenses under this subsection that are made under 
     a settlement agreement.''.

     SEC. _04. GAO STUDY.

       Not later than 30 days after the date of enactment of this 
     Act, the Comptroller General shall commence an audit of the 
     Equal Access to Justice Act for the years 1995 through the 
     end of the calendar year in which this Act is enacted. The 
     Comptroller General shall, not later than 1 year after the 
     end of the calendar year in which this Act is enacted, 
     complete such audit and submit to the Congress a report on 
     the results of the audit.
                                 ______
                                 
  SA 203. Mr. VITTER submitted an amendment intended to be proposed by 
him to the bill S. 493, to reauthorize and improve the SBIR and STTR 
programs, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the end, add the following:

     SEC. 504. PROHIBITION ON FUNDING FOR TITLE X OF THE PUBLIC 
                   HEALTH SERVICE ACT.

       Notwithstanding any other provision of law, no Federal 
     funds may be used to carry out the program under title X of 
     the Public Health Service Act (42 U.S.C. 300 et seq.) to 
     provide for voluntary family planning projects. All 
     unobligated balances of the discretionary appropriations made 
     available for such purpose as of the date of enactment of 
     this Act are rescinded.
                                 ______
                                 
  SA 204. Mr. VITTER submitted an amendment intended to be proposed by 
him to the bill S. 493, to reauthorize and improve the SBIR and STTR 
programs, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the end of title V, add the following:

     SEC. 504. TERMINATION OF TAXPAYER FINANCING OF PRESIDENTIAL 
                   ELECTION CAMPAIGNS.

       (a) Termination of Designation of Income Tax Payments.--
     Section 6096 of the Internal Revenue Code of 1986 is amended 
     by adding at the end the following new subsection:
       ``(d) Termination.--This section shall not apply to taxable 
     years beginning after December 31, 2009.''.
       (b) Termination of Fund and Account.--
       (1) Termination of presidential election campaign fund.--
       (A) In general.--Chapter 95 of subtitle H of such Code is 
     amended by adding at the end the following new section:

     ``SEC. 9014. TERMINATION.

       ``The provisions of this chapter shall not apply with 
     respect to any presidential election (or any presidential 
     nominating convention) after the date of the enactment of 
     this section, or to any candidate in such an election.''.
       (B) Transfer of excess funds to general fund.--Section 9006 
     of such Code is amended by adding at the end the following 
     new subsection:
       ``(d) Transfer of Funds Remaining After Termination.--The 
     Secretary shall transfer all amounts in the fund after the 
     date of the enactment of this section to the general fund of 
     the Treasury, to be used only for reducing the deficit.''.
       (2) Termination of account.--Chapter 96 of subtitle H of 
     such Code is amended by adding at the end the following new 
     section:

     ``SEC. 9043. TERMINATION.

       ``The provisions of this chapter shall not apply to any 
     candidate with respect to any presidential election after the 
     date of the enactment of this section.''.
       (c) Clerical Amendments.--
       (1) The table of sections for chapter 95 of subtitle H of 
     such Code is amended by adding at the end the following new 
     item:

``Sec. 9014. Termination.''.

       (2) The table of sections for chapter 96 of subtitle H of 
     such Code is amended by adding at the end the following new 
     item:


[[Page 4081]]


``Sec. 9043. Termination.''.
                                 ______
                                 
  SA 205. Mr. SANDERS submitted an amendment intended to be proposed by 
him to the bill S. 493, to reauthorize and improve the SBIR and STTR 
programs, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the appropriate place, insert the following:

     SEC. __. PARTICIPATION BY COOPERATIVE GROCERIES.

       (a) Amendment.--Section 7(a) of the Small Business Act (15 
     U.S.C. 636(a)) is amended by adding at the end the following:
       ``(36) Cooperative groceries.--
       ``(A) Definition.--In this paragraph, the term `cooperative 
     grocery' means a business concern organized as a cooperative 
     that--
       ``(i) is owned by not fewer than 150 and not more than 
     20,000 individuals--

       ``(I) that are customers or employees of the business 
     concern; and
       ``(II) no 1 of which owns more than 1 share of the business 
     concern;

       ``(ii) distributes any portion of the profits of the 
     business concern to the owners of the cooperative; and
       ``(iii) operates a physical storefront selling a variety of 
     fruits, vegetables, and dairy products.
       ``(B) Eligibility.--Notwithstanding section 120.110 of 
     title 13, Code of Federal Regulations, for purposes of this 
     subsection, a cooperative grocery shall be deemed to be a 
     small business concern.''.
       (b) Technical Amendment.--Section 1133(b) of the Small 
     Business Jobs Act of 2010 (15 U.S.C. 636 note) is amended--
       (1) in paragraph (1), by striking ``and'' at the end;
       (2) in paragraph (2), by striking the period at the end and 
     inserting ``; and''; and
       (3) by adding at the end the following:
       ``(3) by redesignating paragraph (36), as added by the 
     SBIR/STTR Reauthorization Act of 2011, as paragraph (35).''.
                                 ______
                                 
  SA 206. Mr. SANDERS submitted an amendment intended to be proposed by 
him to the bill S. 493, to reauthorize and improve the SBIR and STTR 
programs, and for other purposes; which was ordered to lie on the 
table; as follows:

       In title V, insert the following:

     SEC. ___. WORKER OWNERSHIP, READINESS, AND KNOWLEDGE.

       (a) Definitions.--In this section:
       (1) Existing program.--The term ``existing program'' means 
     a program, designed to promote employee ownership and 
     employee participation in business decisionmaking, that 
     exists on the date the Secretary is carrying out a 
     responsibility authorized by this section.
       (2) Initiative.--The term ``Initiative'' means the Employee 
     Ownership and Participation Initiative established under 
     subsection (b).
       (3) New program.--The term ``new program'' means a program, 
     designed to promote employee ownership and employee 
     participation in business decisionmaking, that does not exist 
     on the date the Secretary is carrying out a responsibility 
     authorized by this section.
       (4) Secretary.--The term ``Secretary'' means the Secretary 
     of Labor, acting through the Assistant Secretary for 
     Employment and Training.
       (5) State.--The term ``State'' means any of the 50 States 
     within the United States of America.
       (b) Employee Ownership and Participation Initiative.--
       (1) Establishment.--The Secretary of Labor shall establish 
     within the Employment and Training Administration of the 
     Department of Labor an Employee Ownership and Participation 
     Initiative to promote employee ownership and employee 
     participation in business decisionmaking.
       (2) Functions.--In carrying out the Initiative, the 
     Secretary shall--
       (A) support within the States existing programs designed to 
     promote employee ownership and employee participation in 
     business decisionmaking; and
       (B) facilitate within the States the formation of new 
     programs designed to promote employee ownership and employee 
     participation in business decisionmaking.
       (3) Duties.--To carry out the functions enumerated in 
     paragraph (2), the Secretary shall--
       (A) support new programs and existing programs by--
       (i) making Federal grants authorized under subsection (d); 
     and
       (ii)(I) acting as a clearinghouse on techniques employed by 
     new programs and existing programs within the States, and 
     disseminating information relating to those techniques to the 
     programs; or
       (II) funding projects for information gathering on those 
     techniques, and dissemination of that information to the 
     programs, by groups outside the Employment and Training 
     Administration; and
       (B) facilitate the formation of new programs, in ways that 
     include holding or funding an annual conference of 
     representatives from States with existing programs, 
     representatives from States developing new programs, and 
     representatives from States without existing programs.
       (c) Programs Regarding Employee Ownership and 
     Participation.--
       (1) Establishment of program.--Not later than 180 days 
     after the date of enactment of this Act, the Secretary shall 
     establish a program to encourage new and existing programs 
     within the States, designed to foster employee ownership and 
     employee participation in business decisionmaking throughout 
     the United States.
       (2) Purpose of program.--The purpose of the program 
     established under paragraph (1) is to encourage new and 
     existing programs within the States that focus on--
       (A) providing education and outreach to inform employees 
     and employers about the possibilities and benefits of 
     employee ownership, business ownership succession planning, 
     and employee participation in business decisionmaking, 
     including providing information about financial education, 
     employee teams, open-book management, and other tools that 
     enable employees to share ideas and information about how 
     their businesses can succeed;
       (B) providing technical assistance to assist employee 
     efforts to become business owners, to enable employers and 
     employees to explore and assess the feasibility of 
     transferring full or partial ownership to employees, and to 
     encourage employees and employers to start new employee-owned 
     businesses;
       (C) training employees and employers with respect to 
     methods of employee participation in open-book management, 
     work teams, committees, and other approaches for seeking 
     greater employee input; and
       (D) training other entities to apply for funding under this 
     subsection, to establish new programs, and to carry out 
     program activities.
       (3) Program details.--The Secretary may include, in the 
     program established under paragraph (1), provisions that--
       (A) in the case of activities under paragraph (2)(A)--
       (i) target key groups such as retiring business owners, 
     senior managers, unions, trade associations, community 
     organizations, and economic development organizations;
       (ii) encourage cooperation in the organization of workshops 
     and conferences; and
       (iii) prepare and distribute materials concerning employee 
     ownership and participation, and business ownership 
     succession planning;
       (B) in the case of activities under paragraph (2)(B)--
       (i) provide preliminary technical assistance to employee 
     groups, managers, and retiring owners exploring the 
     possibility of employee ownership;
       (ii) provide for the performance of preliminary feasibility 
     assessments;
       (iii) assist in the funding of objective third-party 
     feasibility studies and preliminary business valuations, and 
     in selecting and monitoring professionals qualified to 
     conduct such studies; and
       (iv) provide a data bank to help employees find legal, 
     financial, and technical advice in connection with business 
     ownership;
       (C) in the case of activities under paragraph (2)(C)--
       (i) provide for courses on employee participation; and
       (ii) provide for the development and fostering of networks 
     of employee-owned companies to spread the use of successful 
     participation techniques; and
       (D) in the case of training under paragraph (2)(D)--
       (i) provide for visits to existing programs by staff from 
     new programs receiving funding under this section; and
       (ii) provide materials to be used for such training.
       (4) Guidance.--The Secretary shall issue formal guidance, 
     for recipients of grants awarded under subsection (d) and 
     one-stop partners affiliated with the statewide workforce 
     investment systems described in section 106 of the Workforce 
     Investment Act of 1998 (29 U.S.C. 2881), proposing that 
     programs and other activities funded under this section be--
       (A) proactive in encouraging actions and activities that 
     promote employee ownership of, and participation in, 
     businesses; and
       (B) comprehensive in emphasizing both employee ownership 
     of, and participation in, businesses so as to increase 
     productivity and broaden capital ownership.
       (d) Grants.--
       (1) In general.--In carrying out the program established 
     under subsection (c), the Secretary may make grants for use 
     in connection with new programs and existing programs within 
     a State for any of the following activities:
       (A) Education and outreach as provided in subsection 
     (c)(2)(A).
       (B) Technical assistance as provided in subsection 
     (c)(2)(B).
       (C) Training activities for employees and employers as 
     provided in subsection (c)(2)(C).
       (D) Activities facilitating cooperation among employee-
     owned firms.
       (E) Training as provided in subsection (c)(2)(D) for new 
     programs provided by participants in existing programs 
     dedicated to the objectives of this section, except that, for 
     each fiscal year, the amount of the

[[Page 4082]]

     grants made for such training shall not exceed 10 percent of 
     the total amount of the grants made under this section.
       (2) Amounts and conditions.--The Secretary shall determine 
     the amount and any conditions for a grant made under this 
     subsection. The amount of the grant shall be subject to 
     paragraph (6), and shall reflect the capacity of the 
     applicant for the grant.
       (3) Applications.--Each entity desiring a grant under this 
     subsection shall submit an application to the Secretary at 
     such time, in such manner, and accompanied by such 
     information as the Secretary may reasonably require.
       (4) State applications.--Each State may sponsor and submit 
     an application under paragraph (3) on behalf of any local 
     entity consisting of a unit of State or local government, 
     State-supported institution of higher education, or nonprofit 
     organization, meeting the requirements of this section.
       (5) Applications by entities.--
       (A) Entity applications.--If a State fails to support or 
     establish a program pursuant to this section during any 
     fiscal year, the Secretary shall, in the subsequent fiscal 
     years, allow local entities described in paragraph (4) from 
     that State to make applications for grants under paragraph 
     (3) on their own initiative.
       (B) Application screening.--Any State failing to support or 
     establish a program pursuant to this section during any 
     fiscal year may submit applications under paragraph (3) in 
     the subsequent fiscal years but may not screen applications 
     by local entities described in paragraph (4) before 
     submitting the applications to the Secretary.
       (6) Limitations.--A recipient of a grant made under this 
     subsection shall not receive, during a fiscal year, in the 
     aggregate, more than the following amounts:
       (A) For fiscal year 2012, $300,000.
       (B) For fiscal year 2013, $330,000.
       (C) For fiscal year 2014, $363,000.
       (D) For fiscal year 2015, $399,300.
       (E) For fiscal year 2016, $439,200.
       (7) Annual report.--For each year, each recipient of a 
     grant under this subsection shall submit to the Secretary a 
     report describing how grant funds allocated pursuant to this 
     subsection were expended during the 12-month period preceding 
     the date of the submission of the report.
       (e) Evaluations.--The Secretary is authorized to reserve 
     not more than 10 percent of the funds appropriated for a 
     fiscal year to carry out this section, for the purposes of 
     conducting evaluations of the grant programs identified in 
     subsection (d) and to provide related technical assistance.
       (f) Reporting.--Not later than the expiration of the 36-
     month period following the date of enactment of this Act, the 
     Secretary shall prepare and submit to Congress a report--
       (1) on progress related to employee ownership and 
     participation in businesses in the United States; and
       (2) containing an analysis of critical costs and benefits 
     of activities carried out under this section.
       (g) Authorizations of Appropriations.--
       (1) In general.--There are authorized to be appropriated 
     for the purpose of making grants pursuant to subsection (d) 
     the following:
       (A) For fiscal year 2012, $3,850,000.
       (B) For fiscal year 2013, $6,050,000.
       (C) For fiscal year 2014, $8,800,000.
       (D) For fiscal year 2015, $11,550,000.
       (E) For fiscal year 2016, $14,850,000.
       (2) Administrative expenses.--There are authorized to be 
     appropriated for the purpose of funding the administrative 
     expenses related to the Initiative, for each of fiscal years 
     2012 through 2016, an amount not in excess of--
       (A) $350,000; or
       (B) 5.0 percent of the maximum amount available under 
     paragraph (1) for that fiscal year.
                                 ______
                                 
  SA 207. Mr. SANDERS (for himself, Mr. Brown of Ohio, Mrs. Boxer, Ms. 
Stabenow, Mr. Whitehouse, and Mr. Lautenberg) submitted an amendment 
intended to be proposed by him to the bill S. 493, to reauthorize and 
improve the SBIR and STTR programs, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the end, add the following:

                TITLE VI--SOCIAL SECURITY PROTECTION ACT

     SEC. 601. SHORT TITLE.

       This title may be cited as the ``Social Security Protection 
     Act of 2011''.

     SEC. 602. FINDINGS.

       Congress makes the following findings:
       (1) Social Security is the most successful and reliable 
     social program in our Nation's history.
       (2) For 75 years, through good times and bad, Social 
     Security has reliably kept millions of senior citizens, 
     individuals with disabilities, and children out of poverty.
       (3) Before President Franklin Roosevelt signed the Social 
     Security Act into law on August 14, 1935, approximately half 
     of the senior citizens in the United States lived in poverty; 
     less than 10 percent of seniors live in poverty today.
       (4) Social Security has succeeded in protecting working 
     Americans and their families from devastating drops in 
     household income due to lost wages resulting from retirement, 
     disability, or the death of a spouse or parent.
       (5) More than 53,000,000 Americans receive Social Security 
     benefits, including 36,500,000 retirees and their spouses, 
     9,200,000 veterans, 8,200,000 disabled individuals and their 
     spouses, 4,500,000 surviving spouses of deceased workers, and 
     4,300,000 dependent children.
       (6) Social Security has never contributed to the Federal 
     budget deficit or the national debt, and benefit cuts should 
     not be proposed as a solution to reducing the Federal budget 
     deficit.
       (7) Social Security is not in a crisis or going bankrupt, 
     as the Social Security Trust Funds have been running 
     surpluses for the last quarter of a century.
       (8) According to the Social Security Administration, the 
     Social Security Trust Funds currently maintain a 
     $2,600,000,000,000 surplus that is project to grow to 
     $4,200,000,000,000 by 2023.
       (9) According to the Social Security Administration, even 
     if no changes are made to the Social Security program, full 
     benefits will be available to every recipient until 2037, 
     with enough funding remaining after that date to pay about 78 
     percent of promised benefits.
       (10) According to the Social Security Administration, 
     ``money flowing into the [Social Security] trust funds is 
     invested in U.S. Government securities . . . the investments 
     held by the trust funds are backed by the full faith and 
     credit of the U.S. Government. The Government has always 
     repaid Social Security, with interest.''.
       (11) All workers who contribute into Social Security 
     through the 12.4 percent payroll tax, which is divided 
     equally between employees and employers on income up to 
     $106,800, deserve to have a dignified and secure retirement.
       (12) Social Security provides the majority of income for 
     two-thirds of the elderly population in the United States, 
     with approximately one-third of elderly individuals receiving 
     nearly all of their income from Social Security.
       (13) Overall, Social Security benefits for retirees 
     currently average a modest $14,000 a year, with the average 
     for women receiving benefits being less than $12,000 per 
     year.
       (14) Nearly 1 out of every 4 adult Social Security 
     beneficiaries has served in the United States military.
       (15) Social Security is not solely a retirement program, as 
     it also serves as a disability insurance program for American 
     workers who become permanently disabled and unable to work.
       (16) The Social Security Disability Insurance program is a 
     critical lifeline for millions of American workers, as a 20-
     year-old worker faces a 30 percent chance of becoming 
     disabled before reaching retirement age.
       (17) Proposals to privatize the Social Security program 
     would jeopardize the security of millions of Americans by 
     subjecting them to the ups-and-downs of the volatile stock 
     market as the source of their retirement benefits.
       (18) Raising the retirement age would jeopardize the 
     retirement future of millions of American workers, 
     particularly those in physically demanding jobs as well as 
     lower-income women, African-Americans, and Latinos, all of 
     whom have a much lower life expectancy than wealthier 
     Americans.
       (19) Social Security benefits have already been cut by 13 
     percent, as the Normal Retirement Age was raised in 1983 from 
     65 years of age to 67 years of age by 2022.
       (20) According to the Social Security Administration, 
     raising the retirement age for future retirees would reduce 
     benefits by 6 to 7 percent for each year that the Normal 
     Retirement Age is raised.
       (21) Reducing cost-of-living adjustments for current or 
     future Social Security beneficiaries would force millions of 
     such individuals to choose between heating their homes, 
     putting food on the table, or paying for their prescription 
     drugs.
       (22) Social Security is a promise that this Nation cannot 
     afford to break.

     SEC. 603. LIMITATION ON CHANGES TO THE SOCIAL SECURITY 
                   PROGRAM FOR CURRENT AND FUTURE BENEFICIARIES.

       (a) In General.--Notwithstanding any other provision of 
     law, it shall not be in order in the Senate or the House of 
     Representatives to consider, for purposes of the old-age, 
     survivors, and disability insurance benefits program 
     established under title II of the Social Security Act (42 
     U.S.C. 401 et seq.), any legislation that--
       (1) increases the retirement age (as defined in section 
     216(l)(1) of the Social Security Act (42 U.S.C. 416(l)(1))) 
     or the early retirement age (as defined in section 216(l)(2) 
     of the Social Security Act (42 U.S.C. 416(l)(2))) for 
     individuals receiving benefits under title II of the Social 
     Security Act on or after the date of enactment of this Act;
       (2) reduces cost-of-living increases for individuals 
     receiving benefits under title II of the Social Security Act 
     on or after the date of enactment of this Act, as determined 
     under section 215(i) of the Social Security Act (42 U.S.C. 
     415(i));
       (3) reduces benefit payment amounts for individuals 
     receiving benefits under title II

[[Page 4083]]

     of the Social Security Act on or after the date of enactment 
     of this Act; or
       (4) creates private retirement accounts for any of the 
     benefits individuals receive under title II of the Social 
     Security Act on or after the date of enactment of this Act.
       (b) Waiver or Suspension.--
       (1) In the senate.--The provisions of this section may be 
     waived or suspended in the Senate only by the affirmative 
     vote of two-thirds of the Members, present and voting.
       (2) In the house.--The provisions of this section may be 
     waived or suspended in the House of Representatives only by a 
     rule or order proposing only to waive such provisions by an 
     affirmative vote of two-thirds of the Members, present and 
     voting.
       (c) Point of Order Protection.--In the House of 
     Representatives, it shall not be in order to consider a rule 
     or order that waives the application of paragraph (2) of 
     subsection (b).
       (d) Motion to Suspend.--It shall not be in order for the 
     Speaker to entertain a motion to suspend the application of 
     this section under clause 1 of rule XV of the Rules of the 
     House of Representatives.
                                 ______
                                 
  SA 208. Mr. BROWN of Massachusetts submitted an amendment intended to 
be proposed by him to the bill S. 493, to reauthorize and improve the 
SBIR and STTR programs, and for other purposes; which was ordered to 
lie on the table; as follows:

       At the end of title V, add the following:

     SEC. 504. ITEMIZED FEDERAL TAX RECEIPT.

       (a) In General.--Chapter 77 of the Internal Revenue Code of 
     1986 is amended by adding at the end the following new 
     section:

     ``SEC. 7529. FEDERAL TAX RECEIPT.

       ``(a) In General.--The Secretary shall send to every 
     taxpayer who files an individual income tax return for any 
     taxable year an itemized Federal tax receipt showing a 
     proportionate allocation (in money terms) of the taxpayer's 
     total tax payment for such taxable year among major 
     expenditure categories for the fiscal year ending in such 
     taxable year. The Federal tax receipt shall also include 2 
     separate line items showing the amount of Federal debt per 
     legal United States resident at the end of such fiscal year, 
     and the amount of additional borrowing per legal United 
     States resident by the Federal Government in such fiscal 
     year.
       ``(b) Total Tax Payments.--For purposes of subsection (a), 
     the total tax payment of a taxpayer for any taxable year is 
     equal to the sum of--
       ``(1) the tax imposed by subtitle A for such taxable year 
     (as shown on such taxpayer's return), plus
       ``(2) the tax imposed by section 3101 on wages received by 
     such taxpayer during such taxable year.
       ``(c) Determination of Proportionate Allocation of Tax 
     Payment Among Major Expenditure Categories.--For purposes of 
     determining a proportionate allocation described in 
     subsection (a), not later than 60 days after the end of any 
     fiscal year, the Director of the Congressional Budget Office 
     shall provide to the Secretary the percentage of Federal 
     outlays for such fiscal year for the following categories and 
     subcategories of Federal spending:
       ``(1) Social Security.
       ``(2) National defense.
       ``(A) Overseas combat operations.
       ``(3) Medicare.
       ``(4) Low-income assistance programs.
       ``(A) Housing assistance.
       ``(B) Food stamps and other food programs.
       ``(5) Other Federal health programs.
       ``(A) Medicaid, Children's Health Insurance Program, and 
     other public health programs.
       ``(B) National Institutes of Health and other health 
     research and training programs.
       ``(C) Food and Drug Administration, Consumer Product Safety 
     Commission, and other regulatory health and safety 
     activities.
       ``(6) Unemployment benefits
       ``(7) Net interest on the Federal debt.
       ``(8) Veterans benefits and services.
       ``(9) Education.
       ``(A) K-12 and vocational education.
       ``(B) Higher education.
       ``(C) Job training and assistance.
       ``(10) Federal employee retirement and disability benefits.
       ``(11) Highway, mass transit, and railroad funding.
       ``(12) Mortgage finance (Federal National Mortgage 
     Association, Federal Home Loan Mortgage Corporation, Federal 
     Housing Administration, and other housing finance programs).
       ``(13) Justice and law enforcement funding, including 
     Federal Bureau of Investigation, Federal courts, and Federal 
     prisons.
       ``(14) Natural resources, land, and water management and 
     conservation funding, including National Parks.
       ``(15) Foreign aid.
       ``(16) Science and technology research and advancement.
       ``(A) National Aeronautics and Space Administration.
       ``(17) Air transportation, including Federal Aviation 
     Administration.
       ``(18) Farm subsidies.
       ``(19) Energy funding, including renewable energy and 
     efficiency programs, Strategic Petroleum Reserve, and Federal 
     Energy Regulatory Commission.
       ``(20) Disaster relief and insurance, including Federal 
     Emergency Management Administration.
       ``(21) Diplomacy and embassies.
       ``(22) Environmental Protection Agency and pollution 
     control programs.
       ``(23) Internal Revenue Service and United States Treasury 
     operations.
       ``(24) Coast Guard and maritime programs.
       ``(25) Community Development Block Grants.
       ``(26) Congress and legislative branch activities.
       ``(27) United States Postal Service.
       ``(28) Executive Office of the President.
       ``(29) Other Federal spending.
       ``(d) Additional Major Expenditure Categories.--With 
     respect to each fiscal year, the Director of the 
     Congressional Budget Office shall include additional 
     categories and subcategories of Federal spending for purposes 
     of subsection (c), but only if, and only for so long as, each 
     such additional category or subcategory exceeds 3 percent of 
     total Federal outlays for the fiscal year.
       ``(e) Timing of Federal Tax Receipt.--A Federal tax receipt 
     shall be made available to each taxpayer as soon as 
     practicable upon the processing of that taxpayer's income tax 
     return by the Internal Revenue Service.
       ``(f) Use of Technologies.--The Internal Revenue Service is 
     encouraged to utilize modern technologies such as electronic 
     mail and the Internet to minimize the cost of sending Federal 
     tax receipts to taxpayers. The Internal Revenue Service shall 
     establish an interactive program on its Internet website to 
     allow taxpayers to generate Federal tax receipts on their 
     own.
       ``(g) Cost.--No charge shall be imposed to cover any cost 
     associated with the production or distribution of the Federal 
     tax receipt.
       ``(h) Regulations.--The Secretary may prescribe such 
     regulations as may be necessary to carry out this section.''.
       (b) Clerical Amendment.--The table of sections for chapter 
     77 of the Internal Revenue Code of 1986 is amended by adding 
     at the end the following new item:

``Sec. 7529. Federal tax receipt.''.

       (c) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after the date of the 
     enactment of this Act.

     SEC. 505. REDUCTION OF GOVERNMENT PRINTING COSTS.

       (a) Strategy and Guidelines.--Not later than 180 days after 
     the date of the enactment of this Act, the Director of the 
     Office of Management and Budget shall coordinate with the 
     heads of the Executive departments and independent 
     establishments, as those terms are defined in chapter 1 of 
     title 5, United States Code--
       (1) to develop a strategy to reduce Government printing 
     costs during the 10-year period beginning on September 1, 
     2011; and
       (2) to issue Government-wide guidelines for printing that 
     implements the strategy developed under paragraph (1).
       (b) Considerations.--
       (1) In general.--In developing the strategy under 
     subsection (a)(1), the Director of the Office of Management 
     and Budget and the heads of the Executive departments and 
     independent establishments shall consider guidelines for--
       (A) duplex and color printing;
       (B) the use of digital file systems by Executive 
     departments and independent establishments; and
       (C) determining which Government publications might be made 
     available on Government Web sites instead of being printed.
       (2) Essential printed documents.--The Director of the 
     Office of Management and Budget shall ensure that printed 
     versions of documents that the Director determines are 
     essential to individuals--
       (A) who are entitled to or enrolled for benefits under part 
     A of title XVIII of the Social Security Act (42 U.S.C. 1395 
     et seq.);
       (B) who are enrolled for benefits under part B of such 
     title;
       (C) who receive old-age survivors' or disability insurance 
     payments under title II of such Act (42 U.S.C. 401 et seq.), 
     or
       (D) who have limited ability to use or access the Internet,
     are available after the issuance of the guidelines under 
     subsection (a)(2).
                                 ______
                                 
  SA 209. Mr. BROWN of Massachusetts submitted an amendment intended to 
be proposed by him to the bill S. 493, to reauthorize and improve the 
SBIR and STTR programs, and for other purposes; which was ordered to 
lie on the table; as follows:

       At the end of title V, add the following:

     SEC. 504. ITEMIZED FEDERAL TAX RECEIPT.

       (a) In General.--Chapter 77 of the Internal Revenue Code of 
     1986 is amended by adding at the end the following new 
     section:

     ``SEC. 7529. FEDERAL TAX RECEIPT.

       ``(a) In General.--The Secretary shall send to every 
     taxpayer who files an individual income tax return for any 
     taxable year an itemized Federal tax receipt showing a 
     proportionate allocation (in money terms) of the taxpayer's 
     total tax payment for such taxable year among major 
     expenditure categories for the fiscal year ending in such 
     taxable year. The Federal tax receipt shall also

[[Page 4084]]

     include 2 separate line items showing the amount of Federal 
     debt per legal United States resident at the end of such 
     fiscal year, and the amount of additional borrowing per legal 
     United States resident by the Federal Government in such 
     fiscal year.
       ``(b) Total Tax Payments.--For purposes of subsection (a), 
     the total tax payment of a taxpayer for any taxable year is 
     equal to the sum of--
       ``(1) the tax imposed by subtitle A for such taxable year 
     (as shown on such taxpayer's return), plus
       ``(2) the tax imposed by section 3101 on wages received by 
     such taxpayer during such taxable year.
       ``(c) Determination of Proportionate Allocation of Tax 
     Payment Among Major Expenditure Categories.--For purposes of 
     determining a proportionate allocation described in 
     subsection (a), not later than 60 days after the end of any 
     fiscal year, the Director of the Congressional Budget Office 
     shall provide to the Secretary the percentage of Federal 
     outlays for such fiscal year for the following categories and 
     subcategories of Federal spending:
       ``(1) Social Security.
       ``(2) National defense.
       ``(A) Overseas combat operations.
       ``(3) Medicare.
       ``(4) Low-income assistance programs.
       ``(A) Housing assistance.
       ``(B) Food stamps and other food programs.
       ``(5) Other Federal health programs.
       ``(A) Medicaid, Children's Health Insurance Program, and 
     other public health programs.
       ``(B) National Institutes of Health and other health 
     research and training programs.
       ``(C) Food and Drug Administration, Consumer Product Safety 
     Commission, and other regulatory health and safety 
     activities.
       ``(6) Unemployment benefits
       ``(7) Net interest on the Federal debt.
       ``(8) Veterans benefits and services.
       ``(9) Education.
       ``(A) K-12 and vocational education.
       ``(B) Higher education.
       ``(C) Job training and assistance.
       ``(10) Federal employee retirement and disability benefits.
       ``(11) Highway, mass transit, and railroad funding.
       ``(12) Mortgage finance (Federal National Mortgage 
     Association, Federal Home Loan Mortgage Corporation, Federal 
     Housing Administration, and other housing finance programs).
       ``(13) Justice and law enforcement funding, including 
     Federal Bureau of Investigation, Federal courts, and Federal 
     prisons.
       ``(14) Natural resources, land, and water management and 
     conservation funding, including National Parks.
       ``(15) Foreign aid.
       ``(16) Science and technology research and advancement.
       ``(A) National Aeronautics and Space Administration.
       ``(17) Air transportation, including Federal Aviation 
     Administration.
       ``(18) Farm subsidies.
       ``(19) Energy funding, including renewable energy and 
     efficiency programs, Strategic Petroleum Reserve, and Federal 
     Energy Regulatory Commission.
       ``(20) Disaster relief and insurance, including Federal 
     Emergency Management Administration.
       ``(21) Diplomacy and embassies.
       ``(22) Environmental Protection Agency and pollution 
     control programs.
       ``(23) Internal Revenue Service and United States Treasury 
     operations.
       ``(24) Coast Guard and maritime programs.
       ``(25) Community Development Block Grants.
       ``(26) Congress and legislative branch activities.
       ``(27) United States Postal Service.
       ``(28) Executive Office of the President.
       ``(29) Other Federal spending.
       ``(d) Additional Major Expenditure Categories.--With 
     respect to each fiscal year, the Director of the 
     Congressional Budget Office shall include additional 
     categories and subcategories of Federal spending for purposes 
     of subsection (c), but only if, and only for so long as, each 
     such additional category or subcategory exceeds 3 percent of 
     total Federal outlays for the fiscal year.
       ``(e) Timing of Federal Tax Receipt.--A Federal tax receipt 
     shall be made available to each taxpayer as soon as 
     practicable upon the processing of that taxpayer's income tax 
     return by the Internal Revenue Service.
       ``(f) Use of Technologies.--The Internal Revenue Service is 
     encouraged to utilize modern technologies such as electronic 
     mail and the Internet to minimize the cost of sending Federal 
     tax receipts to taxpayers. The Internal Revenue Service shall 
     establish an interactive program on its Internet website to 
     allow taxpayers to generate Federal tax receipts on their 
     own.
       ``(g) Cost.--No charge shall be imposed to cover any cost 
     associated with the production or distribution of the Federal 
     tax receipt.
       ``(h) Regulations.--The Secretary may prescribe such 
     regulations as may be necessary to carry out this section.''.
       (b) Clerical Amendment.--The table of sections for chapter 
     77 of the Internal Revenue Code of 1986 is amended by adding 
     at the end the following new item:

``Sec. 7529. Federal tax receipt.''.

       (c) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after the date of the 
     enactment of this Act.

     SEC. 505. REDUCTION OF GOVERNMENT PRINTING COSTS.

       (a) Strategy and Guidelines.--Not later than 180 days after 
     the date of the enactment of this Act, the Director of the 
     Office of Management and Budget shall coordinate with the 
     heads of the Executive departments and independent 
     establishments, as those terms are defined in chapter 1 of 
     title 5, United States Code--
       (1) to develop a strategy to reduce Government printing 
     costs during the 10-year period beginning on September 1, 
     2011; and
       (2) to issue Government-wide guidelines for printing that 
     implements the strategy developed under paragraph (1).
       (b) Considerations.--
       (1) In general.--In developing the strategy under 
     subsection (a)(1), the Director of the Office of Management 
     and Budget and the heads of the Executive departments and 
     independent establishments shall consider guidelines for--
       (A) duplex and color printing;
       (B) the use of digital file systems by Executive 
     departments and independent establishments; and
       (C) determining which Government publications might be made 
     available on Government Web sites instead of being printed.
       (2) Essential printed documents.--The Director of the 
     Office of Management and Budget shall ensure that printed 
     versions of documents that the Director determines are 
     essential to individuals--
       (A) who are entitled to or enrolled for benefits under part 
     A of title XVIII of the Social Security Act (42 U.S.C. 1395 
     et seq.);
       (B) who are enrolled for benefits under part B of such 
     title;
       (C) who receive old-age survivors' or disability insurance 
     payments under title II of such Act (42 U.S.C. 401 et seq.), 
     or
       (D) who have limited ability to use or access the Internet,

     are available after the issuance of the guidelines under 
     subsection (a)(2).
                                 ______
                                 
  SA 210. Mr. BROWN of Massachusetts submitted an amendment intended to 
be proposed by him to the bill S. 493, to reauthorize and improve the 
SBIR and STTR programs, and for other purposes; which was ordered to 
lie on the table; as follows:

       At the end of title V, add the following:

     SEC. 504. REPEAL OF MEDICAL DEVICE EXCISE TAX.

       (a) In General.--Subsections (a), (b), and (c) of section 
     1405 of the Health Care and Education Reconciliation Act of 
     2010, and the amendments made thereby, are hereby repealed; 
     and the Internal Revenue Code of 1986 shall be applied as if 
     such section and amendments had never been enacted.
       (b) Rescission of Unspent Federal Funds to Offset Loss in 
     Revenues.--
       (1) In general.--Notwithstanding any other provision of 
     law, of all available unobligated funds, $39,000,000,000 in 
     appropriated discretionary funds are hereby rescinded.
       (2) Implementation.--The Director of the Office of 
     Management and Budget shall determine and identify from which 
     appropriation accounts the rescission under paragraph (1) 
     shall apply and the amount of such rescission that shall 
     apply to each such account. Not later than 60 days after the 
     date of the enactment of this Act, the Director of the Office 
     of Management and Budget shall submit a report to the 
     Secretary of the Treasury and Congress of the accounts and 
     amounts determined and identified for rescission under the 
     preceding sentence.
       (3) Exception.--This subsection shall not apply to the 
     unobligated funds of the Department of Defense or the 
     Department of Veterans Affairs.
                                 ______
                                 
  SA 211. Ms. SNOWE (for herself and Mr. Coburn) submitted an amendment 
intended to be proposed by her to the bill S. 493, to reauthorize and 
improve the SBIR and STTR programs, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the end, add the following:

              TITLE __--SMALL BUSINESS REGULATORY FREEDOM

     SEC. _01. SHORT TITLE; TABLE OF CONTENTS.

       This title may be cited as the ``Small Business Regulatory 
     Freedom Act of 2011''.

     SEC. _02. FINDINGS.

       Congress finds the following:
       (1) A vibrant and growing small business sector is critical 
     to the recovery of the economy of the United States.
       (2) Regulations designed for application to large-scale 
     entities have been applied uniformly to small businesses and 
     other small entities, sometimes inhibiting the ability of 
     small entities to create new jobs.
       (3) Uniform Federal regulatory and reporting requirements 
     in many instances have imposed on small businesses and other 
     small entities unnecessary and disproportionately burdensome 
     demands, including legal, accounting, and consulting costs, 
     thereby threatening the viability of small entities

[[Page 4085]]

     and the ability of small entities to compete and create new 
     jobs in a global marketplace.
       (4) Since 1980, Federal agencies have been required to 
     recognize and take account of the differences in the scale 
     and resources of regulated entities, but in many instances 
     have failed to do so.
       (5) In 2009, there were nearly 70,000 pages in the Federal 
     Register, and, according to research by the Office of 
     Advocacy of the Small Business Administration, the annual 
     cost of Federal regulations totals $1,750,000,000,000. Small 
     firms bear a disproportionate burden, paying approximately 36 
     percent more per employee than larger firms in annual 
     regulatory compliance costs.
       (6) All agencies in the Federal Government should fully 
     consider the costs, including indirect economic impacts and 
     the potential for job creation and job loss, of proposed 
     rules, periodically review existing regulations to determine 
     their impact on small entities, and repeal regulations that 
     are unnecessarily duplicative or have outlived their stated 
     purpose.
       (7) It is the intention of Congress to amend chapter 6 of 
     title 5, United States Code, to ensure that all impacts, 
     including foreseeable indirect effects, of proposed and final 
     rules are considered by agencies during the rulemaking 
     process and that the agencies assess a full range of 
     alternatives that will limit adverse economic consequences, 
     enhance economic benefits, and fully address potential job 
     creation or job loss.

     SEC. _03. INCLUDING INDIRECT ECONOMIC IMPACT IN SMALL ENTITY 
                   ANALYSES.

       Section 601 of title 5, United States Code, is amended by 
     adding at the end the following:
       ``(9) the term `economic impact' means, with respect to a 
     proposed or final rule--
       ``(A) 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. _04. JUDICIAL REVIEW TO ALLOW SMALL ENTITIES TO 
                   CHALLENGE PROPOSED REGULATIONS.

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

     SEC. _05. PERIODIC REVIEW AND SUNSET OF EXISTING RULES.

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

     ``Sec. 610. Periodic review of rules

       ``(a)(1) Not later than 180 days after the date of 
     enactment of the Small Business Regulatory Freedom Act of 
     2011, each agency shall establish a plan for the periodic 
     review of--
       ``(A) each rule issued by the agency that the head of the 
     agency determines has a significant economic impact on a 
     substantial number of small entities, without regard to 
     whether the agency performed an analysis under section 604 
     with respect to the rule; and
       ``(B) any small entity compliance guide required to be 
     published by the agency under section 212 of the Small 
     Business Regulatory Enforcement Fairness Act of 1996 (5 
     U.S.C. 601 note).
       ``(2) In reviewing rules and small entity compliance guides 
     under paragraph (1), the agency shall determine whether the 
     rules and guides should--
       ``(A) be amended or rescinded, consistent with the stated 
     objectives of applicable statutes, to minimize any 
     significant adverse economic impacts on a substantial number 
     of small entities (including an estimate of any adverse 
     impacts on job creation and employment by small entities); or
       ``(B) continue in effect without change.
       ``(3) Each agency shall publish the plan established under 
     paragraph (1) in the Federal Register and on the Web site of 
     the agency.
       ``(4) An agency may amend the plan established under 
     paragraph (1) at any time by publishing the amendment in the 
     Federal Register and on the Web site of the agency.
       ``(b)(1) Each plan established under subsection (a) shall 
     provide for--
       ``(A) the review of each rule and small entity compliance 
     guide described in subsection (a)(1) in effect on the date of 
     enactment of the Small Business Regulatory Freedom Act of 
     2011--
       ``(i) not later than 8 years after the date of publication 
     of the plan in the Federal Register; and
       ``(ii) every 8 years thereafter; and
       ``(B) the review of each rule adopted and small entity 
     compliance guide described in subsection (a)(1) that is 
     published after the date of enactment of the Small Business 
     Regulatory Freedom Act of 2011--
       ``(i) not later than 8 years after the publication of the 
     final rule in the Federal Register; and
       ``(ii) every 8 years thereafter.
       ``(2)(A) If an agency determines that the review of the 
     rules and guides described in paragraph (1)(A) cannot be 
     completed before the date described in paragraph (1)(A)(i), 
     the agency--
       ``(i) shall publish a statement in the Federal Register 
     certifying that the review cannot be completed; and
       ``(ii) may extend the period for the review of the rules 
     and guides described in paragraph (1)(A) for a period of not 
     more than 2 years, if the agency publishes notice of the 
     extension in the Federal Register.
       ``(B) An agency shall transmit to the Chief Counsel for 
     Advocacy of the Small Business Administration and Congress 
     notice of any statement or notice described in subparagraph 
     (A).
       ``(c) In reviewing rules under the plan required under 
     subsection (a), the agency shall consider--
       ``(1) the continued need for the rule;
       ``(2) the nature of complaints received by the agency from 
     small entities concerning the rule;
       ``(3) comments by the Regulatory Enforcement Ombudsman and 
     the Chief Counsel for Advocacy of the Small Business 
     Administration;
       ``(4) the complexity of the rule;
       ``(5) the extent to which the rule overlaps, duplicates, or 
     conflicts with other Federal rules and, unless the head of 
     the agency determines it to be infeasible, State and local 
     rules;
       ``(6) the contribution of the rule to the cumulative 
     economic impact of all Federal rules on the class of small 
     entities affected by the rule, unless the head of the agency 
     determines that such a calculation cannot be made;
       ``(7) the length of time since the rule has been evaluated, 
     or the degree to which technology, economic conditions, or 
     other factors have changed in the area affected by the rule; 
     and
       ``(8) the impact of the rule, including--
       ``(A) the estimated number of small entities to which the 
     rule will apply;
       ``(B) the estimated number of small entity jobs that will 
     be lost or created due to the rule; and
       ``(C) the projected reporting, recordkeeping, and other 
     compliance requirements of the proposed rule, including--
       ``(i) an estimate of the classes of small entities that 
     will be subject to the requirement; and
       ``(ii) the type of professional skills necessary for 
     preparation of the report or record.
       ``(d)(1) Each agency shall submit an annual report 
     regarding the results of the review required under subsection 
     (a) to--
       ``(A) Congress; and
       ``(B) in the case of an agency that is not an independent 
     regulatory agency (as defined in section 3502(5) of title 
     44), the Administrator of the Office of Information and 
     Regulatory Affairs of the Office of Management and Budget.
       ``(2) Each report required under paragraph (1) shall 
     include a description of any rule or guide with respect to 
     which the agency made a determination of infeasibility under 
     paragraph (5) or (6) of subsection (c), together with a 
     detailed explanation of the reasons for the determination.
       ``(e) Each agency shall publish in the Federal Register and 
     on the Web site of the agency a list of the rules and small 
     entity compliance guides to be reviewed under the plan 
     required under subsection (a) that includes--
       ``(1) a brief description of each rule or guide;
       ``(2) for each rule, the reason why the head of the agency 
     determined that the rule has a significant economic impact on 
     a substantial number of small entities (without regard to 
     whether the agency had prepared a final regulatory 
     flexibility analysis for the rule); and
       ``(3) a request for comments from the public, the Chief 
     Counsel for Advocacy of the Small Business Administration, 
     and the Regulatory Enforcement Ombudsman concerning the 
     enforcement of the rules or publication of the guides.
       ``(f)(1) With respect to each agency, not later than 6 
     months after each date described in subsection (b)(1), the 
     Chief Counsel for Advocacy of the Small Business 
     Administration shall determine whether the agency has 
     completed the review required under subsection (b).
       ``(2) If, after a review under paragraph (1), the Chief 
     Counsel for Advocacy of the Small

[[Page 4086]]

     Business Administration determines that an agency has failed 
     to complete the review required under subsection (b), each 
     rule issued by the agency that the head of the agency 
     determined under subsection (a) has a significant economic 
     impact on a substantial number of small entities shall 
     immediately cease to have effect.''.

     SEC. _06. REQUIRING SMALL BUSINESS REVIEW PANELS FOR ALL 
                   AGENCIES.

       (a) Agencies.--Section 609 of title 5, United States Code, 
     is amended--
       (1) in subsection (b), by striking ``a covered agency'' 
     each place it appears and inserting ``an agency''; and
       (2) in subsection (e)(1), by striking ``the covered 
     agency'' and inserting ``the agency''.
       (b) Technical and Conforming Amendments.--
       (1) Section 609.--Section 609 of title 5, United States 
     Code, is amended--
       (A) by striking subsection (d), as amended by section 
     1100G(a) of Public Law 111-203 (124 Stat. 2112); and
       (B) by redesignating subsection (e) as subsection (d).
       (2) Section 603.--Section 603(d) of title 5, United States 
     Code, as added by section 1100G(b) of Public Law 111-203 (124 
     Stat. 2112), is amended--
       (A) in paragraph (1), by striking ``a covered agency, as 
     defined in section 609(d)(2)'' and inserting ``the Bureau of 
     Consumer Financial Protection''; and
       (B) in paragraph (2), by striking ``A covered agency, as 
     defined in section 609(d)(2),'' and inserting ``The Bureau of 
     Consumer Financial Protection''.
       (3) Section 604.--Section 604(a) of title 5, United States 
     Code, is amended--
       (A) by redesignating the second paragraph designated as 
     paragraph (6) (relating to covered agencies), as added by 
     section 1100G(c)(3) of Public Law 111-203 (124 Stat. 2113), 
     as paragraph (7); and
       (B) in paragraph (7), as so redesignated--
       (i) by striking ``a covered agency, as defined in section 
     609(d)(2)'' and inserting ``the Bureau of Consumer Financial 
     Protection''; and
       (ii) by striking ``the agency'' and inserting ``the 
     Bureau''.
       (4) Effective date.--The amendments made by this subsection 
     shall take effect on the date of enactment of this Act and 
     apply on and after the designated transfer date established 
     under section 1062 of Public Law 111-203 (12 U.S.C. 5582).

     SEC. _07. EXPANDING THE REGULATORY FLEXIBILITY ACT TO AGENCY 
                   GUIDANCE DOCUMENTS.

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

     SEC. _08. REQUIRING THE INTERNAL REVENUE SERVICE TO CONSIDER 
                   SMALL ENTITY IMPACT.

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

     SEC. _09. MITIGATING PENALTIES ON SMALL ENTITIES.

       Section 223 of the Small Business Regulatory Enforcement 
     Fairness Act of 1996 (Public Law 104-121; 110 Stat. 862) is 
     amended by adding at the end the following:
       ``(d) Review of Policies and Programs.--
       ``(1) Review required.--Not later than 6 months after the 
     date of enactment of this subsection, and every 2 years 
     thereafter, each agency regulating the activities of small 
     entities shall review the policy or program established by 
     the agency under subsection (a) and make any modifications to 
     the policy or program necessary to comply with the 
     requirements under this section.
       ``(2) Report.--Not later than 6 months after the date of 
     enactment of this subsection, and every 2 years thereafter, 
     each agency described in paragraph (1) shall submit a report 
     on the review and modifications required under paragraph (1) 
     to--
       ``(A) the Committee on Small Business and Entrepreneurship 
     and the Committee on Homeland Security and Governmental 
     Affairs of the Senate; and
       ``(B) the Committee on Small Business and the Committee on 
     the Judiciary of the House of Representatives.''.

     SEC. _10. REQUIRING MORE DETAILED SMALL ENTITY ANALYSES.

       (a) Initial Regulatory Flexibility Analysis.--Section 603 
     of title 5, United States Code, as amended by section 
     1100G(b) of Public Law 111-203 (124 Stat. 2112), is amended--
       (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:
       ``(e) An agency shall notify the Chief Counsel for Advocacy 
     of the Small Business Administration of any draft rules that 
     may have a significant economic impact on a substantial 
     number of small entities--
       ``(1) when the agency submits a draft rule to the Office of 
     Information and Regulatory Affairs of the Office of 
     Management and Budget under Executive Order 12866, if that 
     order requires the submission; or
       ``(2) if no submission to the Office of Information and 
     Regulatory Affairs is required--
       ``(A) a reasonable period before publication of the rule by 
     the agency; and
       ``(B) in any event, not later than 3 months before the date 
     on which the agency publishes the rule.''.
       (b) Final Regulatory Flexibility Analysis.--
       (1) In general.--Section 604(a) of title 5, United States 
     Code, is amended--
       (A) by inserting ``detailed'' before ``description'' each 
     place it appears;
       (B) in paragraph (2)--
       (i) by inserting ``detailed'' before ``statement'' each 
     place it appears; and
       (ii) by inserting ``(or certification of the proposed rule 
     under section 605(b))'' after ``initial regulatory 
     flexibility analysis'';
       (C) in paragraph (4), by striking ``an explanation'' and 
     inserting ``a detailed explanation''; and
       (D) in paragraph (6) (relating to a description of steps 
     taken to minimize significant economic impact), as added by 
     section 1601 of the Small Business Jobs Act of 2010 (Public 
     Law 111-240; 124 Stat. 2251), by inserting ``detailed'' 
     before ``statement''.
       (2) Publication of analysis on web site, etc.--Section 
     604(b) of title 5, United States Code, is amended to read as 
     follows:
       ``(b) The agency shall--
       ``(1) make copies of the final regulatory flexibility 
     analysis available to the public, including by publishing the 
     entire final regulatory flexibility analysis on the Web site 
     of the agency; and
       ``(2) publish in the Federal Register the final regulatory 
     flexibility analysis, or a summary of the analysis that 
     includes the telephone number, mailing address, and address 
     of the Web site where the complete final regulatory 
     flexibility analysis may be obtained.''.
       (c) Cross-References to Other Analyses.--Section 605(a) of 
     title 5, United States Code, is amended to read as follows:
       ``(a) A Federal agency shall be deemed to have satisfied a 
     requirement regarding the content of a regulatory flexibility 
     agenda or regulatory flexibility analysis under section 602, 
     603, or 604, if the Federal agency provides in the agenda or 
     regulatory flexibility analysis a cross-reference to the 
     specific portion of an agenda or analysis that is required by 
     another law and that satisfies the requirement under section 
     602, 603, or 604.''.
       (d) Certifications.--Section 605(b) of title 5, United 
     States Code, is amended, in the second sentence, by striking 
     ``statement providing the factual'' and inserting ``detailed 
     statement providing the factual and legal''.
       (e) Quantification Requirements.--Section 607 of title 5, 
     United States Code, is amended to read as follows:

     ``Sec. 607. Quantification requirements

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

     SEC. _11. ENSURING THAT AGENCIES CONSIDER SMALL ENTITY IMPACT 
                   DURING THE RULEMAKING PROCESS.

       Section 605(b) of title 5, United States Code, is amended--
       (1) by inserting ``(1)'' after ``(b)''; and

[[Page 4087]]

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

     SEC. _12. ADDITIONAL POWERS OF THE OFFICE OF ADVOCACY.

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

     SEC. _13. TECHNICAL AND CONFORMING AMENDMENTS.

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

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

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

``607. Quantification requirements.''.
                                 ______
                                 
  SA 212. Mr. BROWN of Massachusetts (for himself and Mr. Vitter) 
submitted an amendment intended to be proposed by him to the bill S. 
493, to reauthorize and improve the SBIR and STTR programs, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of title V, add the following:

     SEC. 504. REPEAL OF IMPOSITION OF WITHHOLDING ON CERTAIN 
                   PAYMENTS MADE TO VENDORS BY GOVERNMENT 
                   ENTITIES.

       (a) In General.--The amendment made by section 511 of the 
     Tax Increase Prevention and Reconciliation Act of 2005 is 
     repealed and the Internal Revenue Code of 1986 shall be 
     applied as if such amendment had never been enacted.
       (b) Rescission of Unspent Federal Funds to Offset Loss in 
     Revenues.--
       (1) In general.--Notwithstanding any other provision of 
     law, of all available unobligated funds, $39,000,000,000 in 
     appropriated discretionary funds are hereby permanently 
     rescinded.
       (2) Implementation.--The Director of the Office of 
     Management and Budget shall determine and identify from which 
     appropriation accounts the rescission under paragraph (1) 
     shall apply and the amount of such rescission that shall 
     apply to each such account. Not later than 60 days after the 
     date of the enactment of this Act, the Director of the Office 
     of Management and Budget shall submit a report to the 
     Secretary of the Treasury and Congress of the accounts and 
     amounts determined and identified for rescission under the 
     preceding sentence.
       (3) Exception.--This subsection shall not apply to the 
     unobligated funds of the Department of Defense or the 
     Department of Veterans Affairs.
                                 ______
                                 
  SA 213. Mr. McCAIN submitted an amendment intended to be proposed by 
him to the bill S. 493, to reauthorize and improve the SBIR and STTR 
programs, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the end, add the following:

     SEC. 504. IMPOSITION OF A NO-FLY ZONE AND RECOGNITION OF THE 
                   TRANSITIONAL NATIONAL COUNCIL IN LIBYA.

       (a) Findings.--Congress makes the following findings:
       (1) Peaceful demonstrations, inspired by similar peaceful 
     demonstrations in Tunisia, Egypt, and elsewhere in the Middle 
     East, began in Libya with calls for greater political reform, 
     opportunity, justice, and the rule of law and quickly spread 
     to cities around the country.
       (2) Muammar Qaddafi, his sons, and forces loyal to them 
     have responded to the peaceful demonstrations by authorizing 
     and initiating violence against civilian non-combatants in 
     Libya, including the use of airpower, foreign mercenaries, 
     helicopters, mortar and artillery fire, naval assets, 
     snipers, and soldiers.
       (3) In response to Qaddafi's assault on the people of 
     Libya, the imposition of a ``no-fly zone'' in Libya was 
     called for by the Gulf Cooperation Council on March 7, 2011; 
     by the head of the Organization of the Islamic Conference on 
     March 8, 2011; and by the Arab League on March 12, 2011.
       (4) The Governments of France and the United Kingdom have 
     drafted a United Nations Security Council Resolution to 
     mandate the imposition of a ``no-fly zone'' in Libya.
       (5) The Libyan Transitional National Council was formed in 
     Benghazi, with representation of Libyan leaders from across 
     the country.
       (6) On March 10, 2011, the Government of France recognized 
     the Libyan Transitional National Council, based in Benghazi, 
     as the sole legitimate government of Libya and has announced 
     its intention to send an ambassador there.
       (7) Despite initial gains, the opposition has been losing 
     ground against Qaddafi's forces, which are currently 
     advancing against the opposition stronghold of Benghazi.
       (8) On March 3, 2011, President Barack Obama said, ``Let me 
     just be very unambiguous about this. Colonel Qaddafi needs to 
     step down from power and leave''.
       (9) On March 10, 2011, the Director of National 
     Intelligence testified before Congress that, because of 
     Qaddafi's superior military resources, including airpower, 
     and in the absence of outside assistance to the opposition, 
     ``I think [over] the long term that the [Qaddafi] regime will 
     prevail.''
       (b) Sense of the Senate.--The Senate--
       (1) applauds the bravery of the Libyan people, who are 
     fighting to secure their universal rights against the violent 
     dictatorship of Muammar Qaddafi;
       (2) condemns Muammar Qaddafi, and the forces loyal to him, 
     for using overwhelming and indiscriminate violence, including 
     the use of airpower and foreign mercenaries, against peaceful 
     demonstrators and civilians, which has resulted in gross 
     human rights abuses, grave loss of innocent life, and 
     potentially crimes against humanity;
       (3) strongly welcomes the calls for imposing a ``no-fly 
     zone'' in Libya made by the Arab League, the Gulf Cooperation 
     Council, and the Organization of the Islamic Conference;
       (4) reiterates that it is the policy of the United States, 
     as stated by President Obama, that Colonel Qaddafi must step 
     down and leave power; and
       (5) calls on the President--
       (A) to recognize the Libyan Transitional National Council, 
     based in Benghazi but representative of Libyan communities 
     across the country, as the sole legitimate governing 
     authority in Libya;
       (B) to take immediate steps to implement a ``no-fly zone'' 
     in Libya with international support; and
       (C) to develop and implement a comprehensive strategy to 
     achieve the stated United States policy objective of Qaddafi 
     leaving power.
                                 ______
                                 
  SA 214. Mr. NELSON of Nebraska submitted an amendment intended to be 
proposed by him to the bill S. 493, to reauthorize and improve the SBIR 
and STTR programs, and for other purposes; which was ordered to lie on 
the table; as follows:

       At the end of title V, insert the following:

     SEC. ___. SENSE OF THE SENATE.

       (a) Findings.--The Senate finds that--
       (1) the debt of the United States exceeds 
     $14,000,000,000,000;
       (2) it is important for Congress to use all tools at its 
     disposal to address the national debt crisis;
       (3) Congress will not earmark funds for projects requested 
     by Members of Congress; and
       (4) the earmark ban should be utilized to realize actual 
     savings.
       (b) Sense of the Senate.--It is the sense of the Senate 
     that Congress should reduce spending by the amount resulting 
     from the recently announced earmark moratorium.
                                 ______
                                 
  SA 215. Mr. ROCKEFELLER submitted an amendment intended to be 
proposed by him to the bill S. 493, to reauthorize and improve the SBIR 
and

[[Page 4088]]

STTR programs, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the end, add the following:

                 TITLE VI--BUSINESS INCUBATOR PROMOTION

     SEC. 601. SHORT TITLE.

       This title may be cited as the ``EPA Stationary Source 
     Regulations Suspension Act''.

     SEC. 602. SUSPENSION OF CERTAIN EPA ACTION.

       (a) In General.--Except as provided in subsection (b), 
     notwithstanding any provision of the Clean Air Act (42 U.S.C. 
     7401 et seq.), until the end of the 2-year period beginning 
     on the date of enactment of this Act, the Administrator of 
     the Environmental Protection Agency may not take any action 
     under the Clean Air Act (42 U.S.C. 7401 et seq.) with respect 
     to any stationary source permitting requirement or any 
     requirement under section 111 of that Act (42 U.S.C. 7411) 
     relating to carbon dioxide or methane.
       (b) Exceptions.--Subsections (a) and (c) shall not apply 
     to--
       (1) any action under part A of title II of the Clean Air 
     Act (42 U.S.C. 7521 et seq.) relating to the vehicle 
     emissions standards;
       (2) any action relating to the preparation of a report or 
     the enforcement of a reporting requirement; or
       (3) any action relating to the provision of technical 
     support at the request of a State.
       (c) Treatment.--Notwithstanding any other provision of law, 
     no action taken by the Administrator of the Environmental 
     Protection Agency before the end of the 2-year period 
     described in subsection (a) (including any action taken 
     before the date of enactment of this Act) shall be considered 
     to make carbon dioxide or methane a pollutant subject to 
     regulation under the Clean Air Act (42 U.S.C. 7401 et seq.) 
     for any source other than a new motor vehicle or new motor 
     vehicle engine, as described in section 202(a) of that Act 
     (42 U.S.C. 7521(a)).
                                 ______
                                 
  SA 216. Mr. CASEY submitted an amendment intended to be proposed by 
him to the bill S. 493, to reauthorize and improve the SBIR and STTR 
programs, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the end of title III, add the following:

     SEC. 3__. SUBCONTRACTOR NOTIFICATIONS.

       Section 8(d) of the Small Business Act (15 U.S.C. 637(d)) 
     is amended by adding at the end the following:
       ``(13) Notification Requirement.--
       ``(A) In general.--An offeror with respect to a contract 
     let by a Federal agency that is to be awarded pursuant to the 
     negotiated method of procurement that intends to identify a 
     small business concern as a potential subcontractor in the 
     offer relating to the contract shall--
       ``(i) notify the small business concern that the offeror 
     intends to identify the small business concern as a potential 
     subcontractor in the offer; and
       ``(14) Reporting by Subcontractors.--The Administrator 
     shall establish a reporting mechanism that allows a 
     subcontractor to report fraudulent activity by a contractor 
     with respect to a subcontracting plan submitted to a 
     procurement authority under paragraph (4)(B).''.
                                 ______
                                 
  SA 217. Mr. COBURN submitted an amendment intended to be proposed by 
him to the bill S. 493, to reauthorize and improve the SBIR and STTR 
programs, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the end of title V, add the following:

     SEC. __. ELIMINATING THE NATIONAL HISTORIC COVERED BRIDGE 
                   PRESERVATION PROGRAM.

       (a) Repeal.--Section 1224 of the Transportation Equity Act 
     for the 21st Century (Public Law 105-178; 112 Stat. 225; 112 
     Stat. 837) is repealed.
       (b) Funding.--Notwithstanding any other provision of law--
       (1) no Federal funds may be expended on or after the date 
     of enactment of this Act for the National Historic Covered 
     Bridge Preservation Program under the section repealed by 
     subsection (a); and
       (2) any funds made available for that program that remain 
     unobligated as of the date of enactment of this Act shall be 
     rescinded and returned to the Treasury.
                                 ______
                                 
  SA 218. Mr. COBURN submitted an amendment intended to be proposed by 
him to the bill S. 493, to reauthorize and improve the SBIR and STTR 
programs, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the end of title V, add the following:

     SEC. __. TERMINATING LEFTOVER CONGRESSIONAL EARMARK ACCOUNTS.

       (a) In General.--Any language specifying an earmark in an 
     appropriations Act for fiscal year 2010, or in a committee 
     report or joint explanatory statement accompanying such an 
     Act, shall have no legal effect.
       (b) Definition.--For purposes of this section, the term 
     ``earmark'' means a congressional earmark or congressionally 
     directed spending item, as defined in clause 9(e) of rule XXI 
     of the Rules of the House of Representatives and paragraph 
     5(a) of rule XLIV.
       (c) Reduction Required.--Any funds appropriated in fiscal 
     year 2011 to any program shall be reduced by the total amount 
     of congressional earmarks or congressionally directed 
     spending items contained within a committee report or joint 
     explanatory statement accompanying such an Act that provided 
     appropriations to the program in fiscal year 2010.
       (d) Rescission.--The amounts reduced by subsection (c) are 
     rescinded and returned to the Treasury.
       (e) Prior Law.--Subsections (c) and (d) shall not apply to 
     any programs or accounts that were reduced in the same manner 
     by Public Law 112-4 or any other bill that takes effect prior 
     to date of enactment of this Act.
                                 ______
                                 
  SA 219. Mr. COBURN submitted an amendment intended to be proposed by 
him to the bill S. 493, to reauthorize and improve the SBIR and STTR 
programs, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the end of title V, add the following:

     SEC. __. CONSOLIDATING UNNECESSARY DUPLICATIVE AND 
                   OVERLAPPING GOVERNMENT PROGRAMS.

       Notwithstanding any other provision of law, not later than 
     150 days after the date of enactment of this Act, the 
     Director of the Office of Management and Budget shall 
     coordinate with the heads of the relevant department and 
     agencies to--
       (1) use available administrative authority to eliminate, 
     consolidate, or streamline Government programs and agencies 
     with duplicative and overlapping missions identified in the 
     March 2011 Government Accountability Office report to 
     Congress entitled ``Opportunities to Reduce Potential 
     Duplication in Government Programs, Save Tax Dollars, and 
     Enhance Revenue'' (GAO-11-318SP);
       (2) identify and report to Congress any legislative changes 
     required to further eliminate, consolidate, or streamline 
     Government programs and agencies with duplicative and 
     overlapping missions identified in the March 2011 Government 
     Accountability Office report to Congress entitled 
     ``Opportunities to Reduce Potential Duplication in Government 
     Programs, Save Tax Dollars, and Enhance Revenue'' (GAO-11-
     318SP);
       (3) determine the total cost savings that shall result to 
     each agency, office, and department from the actions taken 
     described in subsection (1); and
       (4) rescind from the appropriate accounts the amount 
     greater of--
       (A) $5,000,000,000; or
       (B) the total amount of cost savings estimated by paragraph 
     (3).
                                 ______
                                 
  SA 220. Mr. COBURN submitted an amendment intended to be proposed by 
him to the bill S. 493, to reauthorize and improve the SBIR and STTR 
programs, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the end of title V, add the following:

     SEC. __. ELIMINATING THE TAX CREDIT SUBSIDY OF ETHANOL.

       (a) Elimination of Excise Tax Credit or Payment.--
       (1) Section 6426(b)(6) of the Internal Revenue Code of 1986 
     is amended by striking ``December 31, 2011'' and inserting 
     ``the date of the enactment of the SBIR/STTR Reauthorization 
     Act of 2011)''.
       (2) Section 6427(e)(6)(A) of such Code is amended by 
     striking ``December 31, 2011'' and inserting ``the date of 
     the enactment the SBIR/STTR Reauthorization Act of 2011''.
       (b) Elimination of Income Tax Credit.--The table contained 
     in section 40(h)(2) of the Internal Revenue Code of 1986 is 
     amended--
       (1) by striking ``2011'' and inserting ``the enactment date 
     of the SBIR/STTR Reauthorization Act of 2011'',
       (2) by adding at the end the following: ``After such 
     enactment . . . zero zero''.
       (c) Repeal of Deadwood.--
       (1) Section 40(h) of the Internal Revenue Code of 1986 is 
     amended by striking paragraph (3).
       (2) Section 6426(b)(2) of such Code is amended by striking 
     subparagraph (C).
       (d) Effective Date.--The amendments made by this section 
     shall apply to any sale, use, or removal for any period after 
     the date of the enactment of the Act.
                                 ______
                                 
  SA 221. Mr. COBURN submitted an amendment intended to be proposed by 
him to the bill S. 493, to reauthorize and improve the SBIR and STTR 
programs, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the end of title V, add the following:

     SEC.__ . REDUCING THE NUMBER OF NON-ESSENTIAL NEW VEHICLES 
                   PURCHASED AND LEASED BY THE FEDERAL GOVERNMENT.

       (a) Reductions in Non-essential Vehicle Purchases.--
     Notwithstanding any other provision of law, the Office of 
     Management and

[[Page 4089]]

     Budget shall coordinate with the heads of the relevant 
     departments and agencies to--
       (1) Determine the total dollar amount spent by each 
     department and agency to purchase of civilian and non-
     tactical vehicles in Fiscal Year 2010;
       (2) Determine the total dollar amount spent by each 
     department and agency to lease civilian and non-tactical 
     vehicles in Fiscal Year 2010;
       (3) Determine the total number of civilian and non-tactical 
     vehicles purchased by each department and agency in Fiscal 
     Year 2010;
       (4) Determine the total number of civilian and non-tactical 
     vehicles leased by each department and agency in Fiscal Year 
     2010;
       (5) Determine the dollar amounts that would be twenty 
     percent less than (1) and (2);
       (6) Reduce the dollar amounts spent to purchase and lease 
     civilian and non-tactical vehicles by each department and 
     agency by the dollar amounts identified by (5) in Fiscal 
     Years 2011 and 2012; and
       (7) Rescind the amounts identified from (5) from each 
     department and agency in Fiscal Years 2011 and 2012 and 
     return those amounts to the Treasury.
       (b) Sharing.--The General Services Administration shall 
     ensure agencies may share excess or unused vehicles with 
     agencies that may need temporary or long term use of 
     additional vehicles through the Federal Fleet Management 
     System.
       (c) Exception.--This moratorium shall not apply to the 
     purchase or procurement of any vehicle deemed essential for 
     defense or security reasons or necessary for other reasons 
     deemed as essential and approved by the director of the 
     Office of Management and Budget.
       (d) Study.-- The Inspector General of each department and 
     agency shall review its respective agencies system for 
     monitoring the use of motor vehicle owned or leased by the 
     Government for non-official use, including a review of the 
     ``written authorizations within the agency'' to monitor the 
     use of motor vehicles in each agencies fleet, as required 
     under 41 C.F.R. Sec. 102-34 and report the findings to 
     Congress no later than 180 days after the enactment of this 
     Act.
                                 ______
                                 
  SA 222. Mr. COBURN submitted an amendment intended to be proposed by 
him to the bill S. 493, to reauthorize and improve the SBIR and STTR 
programs, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the end of title V, add the following:

     SEC.__ . PROHIBITION ON FEDERAL FUNDS FOR CORPORATION FOR 
                   PUBLIC BROADCASTING.

       (a) In General.--Section 396 of the Communications Act of 
     1934 (47 U.S.C. 396) is amended by adding at the end the 
     following new subsection:

         ``Prohibition on Federal Funds After Fiscal Year 2012

       ``(n) No Federal funds may be made available to the 
     Corporation for Public Broadcasting after fiscal year 
     2012.''.
       (b) Corporation Prohibited From Accepting Federal Funds.--
     Subsection (g) of section 396 of the Communications Act of 
     1934 (47 U.S.C. 396(g)) is amended--
       (1) in paragraph (2)(A), by inserting ``subject to 
     paragraph (3)(C),'' before ``obtain''; and
       (2) in paragraph (3)--
       (A) in subparagraph (A), by striking ``; and'' and 
     inserting a semicolon;
       (B) in subparagraph (B), by striking the period at the end 
     and inserting ``; and''; and
       (C) by adding at the end the following new subparagraph:
       ``(C) accepting funds from the Federal Government after 
     fiscal year 2012.''.
       (c) Conforming Amendments.--Section 396 of the 
     Communications Act of 1934 (47 U.S.C. 396) is further 
     amended--
       (1) in subsection (k)(3)(A)(iv)(II), by inserting ``through 
     fiscal year 2012'' after ``amounts received''; and
       (2) in subsection (m)--
       (A) in paragraph (1), by inserting ``through fiscal year 
     2012'' after ``every three years thereafter''; and
       (B) in paragraph (2), by inserting ``and through fiscal 
     year 2012,'' after ``1989,''.
       (d) Partial Rescission of Funding for Corporation for 
     Public Broadcasting.--
       Notwithstanding any other provision of law--
       (1) $100,000,000 of the funds made available for fiscal 
     year 2012 under the heading ``Corporation for Public 
     Broadcasting'' in division D of Public Law 111-117 are 
     rescinded; and
       (2) a portion of the remaining Federal funds made available 
     under the heading ``Corporation for Public Broadcasting'' 
     under such Act may be used during that fiscal year by the 
     Corporation to wind down its operations.
                                 ______
                                 
  SA 223. Mr. COBURN submitted an amendment intended to be proposed by 
him to the bill S. 493, to reauthorize and improve the SBIR and STTR 
programs, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the end of title V, add the following:

     SEC. __. ENDING UNEMPLOYMENT PAYMENTS TO JOBLESS MILLIONAIRES 
                   AND BILLIONAIRES.

       (a) Prohibition.--Notwithstanding any other provision of 
     law, no Federal funds may be used to make payments of 
     unemployment compensation (including such compensation under 
     the Federal-State Extended Compensation Act of 1970 and the 
     emergency unemployment compensation program under title IV of 
     the Supplemental Appropriations Act, 2008) in a year to an 
     individual whose resources in the preceding year were equal 
     to or greater than $1,000,000. For purposes of the preceding 
     sentence, with respect to a year, an individual's resources 
     shall be determined in the same manner as a subsidy eligible 
     individual's resources are determined for the year under 
     section 1860D-14(a)(3)(E) of the Social Security Act (42 
     U.S.C. 1395w-1 14(a)(3)(E)).
       (b) Effective Date.--The prohibition under subsection (a) 
     shall apply to weeks of unemployment beginning on or after 
     the date of the enactment of this Act.
                                 ______
                                 
  SA 224. Mrs. HUTCHISON submitted an amendment intended to be proposed 
by her to the bill S. 493, to reauthorize and improve the SBIR and STTR 
programs, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the end of title V, add the following:

                 TITLE VI--PATIENTS' FREEDOM TO CHOOSE

     SEC. 601. REPEAL OF DISTRIBUTIONS FOR MEDICINE QUALIFIED ONLY 
                   IF FOR PRESCRIBED DRUG OR INSULIN.

       Section 9003 of the Patient Protection and Affordable Care 
     Act (Public Law 111-148) and the amendments made by such 
     section are repealed; and the Internal Revenue Code of 1986 
     shall be applied as if such section, and amendments, had 
     never been enacted.

     SEC. 602. REPEAL OF LIMITATION ON HEALTH FLEXIBLE SPENDING 
                   ARRANGEMENTS UNDER CAFETERIA PLANS.

       Sections 9005 and 10902 of the Patient Protection and 
     Affordable Care Act (Public Law 111-148) and section 1403 of 
     the Health Care and Education Reconciliation Act of 2010 
     (Public Law 111-152) and the amendments made by such sections 
     are repealed.
                                 ______
                                 
  SA 225. Mr. THUNE submitted an amendment intended to be proposed by 
him to the bill S. 493, to reauthorize and improve the SBIR and STTR 
programs, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the end of title V, insert the following:

     SEC. ___. CREDIT REFORM ACT TREATMENT OF THE PURCHASE OF 
                   PRIVATE STOCK, EQUITY, OR CAPITAL.

       Section 502(5) of the Federal Credit Reform Act of 1990 (2 
     U.S.C. 661a(5) is amended by inserting at the end the 
     following:
       ``(G) The cost of the purchase of stock, equity, capital, 
     or debt instruments, or the option to purchase any such 
     assets, of a private or publicly-traded company or any 
     enterprise under the conservatorship of the Federal 
     Government shall be determined on a fair value basis 
     according to Financial Accounting Standards No. 157 of the 
     Financial Accounting Standards Board.''.
                                 ______
                                 
  SA 226. Mr. THUNE submitted an amendment intended to be proposed by 
him to the bill S. 493, to reauthorize and improve the SBIR and STTR 
programs, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the end of title V, insert the following:

     SEC. ___. PAYGO AND TRUST FUNDS.

       (a) In General.--Any increase in revenues or reduced 
     spending in a Federal trust fund resulting from a bill, 
     amendment, resolution, motion, or conference report shall--
       (1) not be counted for purposes of offsetting revenues, 
     receipts, or discretionary spending under the Congressional 
     Budget Act of 1974 or the Statutory Pay-As-You-Go Act of 
     2010; and
       (2) only be used for the purposes of the Federal trust as 
     provided by law.
       (b) Intergovernmental Transfers.--Nothing in this section 
     shall impact intergovernmental lending from a Federal trust 
     fund to annual government operations.
                                 ______
                                 
  SA 227. Mr. THUNE submitted an amendment intended to be proposed by 
him to the bill S. 493, to reauthorize and improve the SBIR and STTR 
programs, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the end of title V, insert the following:

     SEC. ___. EMERGENCY DESIGNATIONS.

       Section 4(g)(3) of the Statutory Pay-As-You-Go Act of 2010 
     (Public Law 111-139) is amended to read as follows:
       ``(3) Procedure in the senate and vote requirement.--
       ``(A) In general.--When the Senate is considering a PAYGO 
     Act, any provision making an emergency designation shall be 
     stricken from the measure and may not be offered as an 
     amendment from the floor unless a waiver is offered and 
     agreed to.

[[Page 4090]]

       ``(B) Supermajority waiver and appeals.--
       ``(i) Waiver.--Subparagraph (A) may be waived or suspended 
     in the Senate only by an affirmative vote of two-thirds of 
     the Members, duly chosen and sworn.
       ``(ii) Appeals.--Appeals in the Senate from the decisions 
     of the Chair relating to any provision of this subsection 
     shall be limited to 1 hour, to be equally divided between, 
     and controlled by, the appellant and the manager of the bill 
     or joint resolution, as the case may be. An affirmative vote 
     of two-thirds of the Members of the Senate, duly chosen and 
     sworn, shall be required to sustain an appeal of the ruling 
     of the Chair on a point of order raised under this 
     subsection.
       ``(C) Waiver petition.--Prior to making a motion to waive 
     under this paragraph, a Senator shall file a petition--
       ``(i) signed by 16 members requesting the waiver;
       ``(ii) with a Member of both the majority and minority 
     signing; and
       ``(iii) stating that the spending is an emergency as 
     described in subparagraph (D).
       ``(D) Emergency spending.--
       ``(i) In general.--For purposes of this subparagraph, 
     spending is emergency spending if the spending is--

       ``(I) necessary, essential, or vital (not merely useful or 
     beneficial);
       ``(II) sudden, quickly coming into being, and not building 
     up over time;
       ``(III) an urgent, pressing, and compelling need requiring 
     immediate action;
       ``(IV) subject to clause (ii), unforeseen, unpredictable, 
     and unanticipated; and
       ``(V) not permanent, temporary in nature.

       ``(ii) Unforseen.--An emergency that is part of an 
     aggregate level of anticipated emergencies, particularly when 
     normally estimated in advance, is not unforeseen.''.
                                 ______
                                 
  SA 228. Mr. CARDIN submitted an amendment intended to be proposed by 
him to the bill S. 493, to reauthorize and improve the SBIR and STTR 
programs, and for other purposes; which was ordered to lie on the 
table; as follows:

       On page 4, line 9, strike ``2019'' and insert ``2023''.
       On page 4, line 17, strike ``2019'' and insert ``2023''.

                          ____________________