[Congressional Record (Bound Edition), Volume 157 (2011), Part 3]
[Senate]
[Pages 4157-4165]
[From the U.S. Government Publishing Office, www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 229. Mr. PRYOR (for himself and Mr. Brown of Ohio) 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; as follows:

       On page 116, after line 24, add the following:

     SEC. 504. PATRIOT EXPRESS LOAN PROGRAM.

       (a) Program.--
       (1) In general.--Section 7(a)(31) of the Small Business Act 
     (15 U.S.C. 636(a)(31)) is amended by adding at the end the 
     following:
       ``(G) Patriot express loan program.--
       ``(i) Definition.--In this subparagraph, the term `eligible 
     member of the military community'--

       ``(I) means--

       ``(aa) a veteran, including a service-disabled veteran;
       ``(bb) a member of the Armed Forces on active duty who is 
     eligible to participate in the Transition Assistance Program;
       ``(cc) a member of a reserve component of the Armed Forces;
       ``(dd) the spouse of an individual described in item (aa), 
     (bb), or (cc) who is alive;
       ``(ee) the widowed spouse of a deceased veteran, member of 
     the Armed Forces, or member of a reserve component of the 
     Armed Forces who died because of a service-connected (as 
     defined in section 101(16) of title 38, United States Code) 
     disability; and
       ``(ff) the widowed spouse of a deceased member of the Armed 
     Forces or member of a reserve component of the Armed Forces 
     relating to whom the Department of Defense may provide for 
     the recovery, care, and disposition of the remains of the 
     individual under paragraph (1) or (2) of section 1481(a) of 
     title 10, United States Code; and

       ``(II) does not include an individual who was discharged or 
     released from the active military, naval, or air service 
     under dishonorable conditions.

       ``(ii) Loan guarantees.--The Administrator shall establish 
     a Patriot Express Loan Program, under which the Administrator 
     may guarantee loans under this paragraph made by express 
     lenders to eligible members of the military community.
       ``(iii) Loan terms.--

       ``(I) In general.--Except as provided in this clause, a 
     loan under this subparagraph shall be made on the same terms 
     as other loans under the Express Loan Program.
       ``(II) Use of funds.--A loan guaranteed under this 
     subparagraph may be used for any business purpose, including 
     start-up or expansion costs, purchasing equipment, working 
     capital, purchasing inventory, or purchasing business-
     occupied real estate.
       ``(III) Maximum amount.--The Administrator may guarantee a 
     loan under this subparagraph of not more than $1,000,000.
       ``(IV) Guarantee rate.--The guarantee rate for a loan under 
     this subparagraph shall be the greater of--

       ``(aa) the rate otherwise applicable under paragraph 
     (2)(A);
       ``(bb) 85 percent for a loan of not more than $500,000; and
       ``(cc) 80 percent for a loan of more than $500,000.''.
       (2) GAO report.--
       (A) Definition.--In this paragraph, the term ``programs'' 
     means--
       (i) the Patriot Express Loan Program under section 
     7(a)(31)(G) of the Small Business Act, as added by paragraph 
     (1); and
       (ii) the increased veteran participation pilot program 
     under section 7(a)(33) of the Small Business Act, as in 
     effect on the day before the date of enactment of this Act.
       (B) Report requirement.--Not later than 1 year after the 
     date of enactment of this Act, the Comptroller General of the 
     United States shall submit to the Committee on Small Business 
     and Entrepreneurship of the Senate and the Committee on Small 
     Business of the House of Representatives a report on the 
     programs.
       (C) Contents.--The report submitted under subparagraph (B) 
     shall include--
       (i) the number of loans made under the programs;
       (ii) a description of the impact of the programs on members 
     of the military community eligible to participate in the 
     programs;
       (iii) an evaluation of the efficacy of the programs;
       (iv) an evaluation of the actual or potential fraud and 
     abuse under the programs; and
       (v) recommendations for improving the Patriot Express Loan 
     Program under section 7(a)(31)(G) of the Small Business Act, 
     as added by paragraph (1).
       (b) Fee Reduction.--Section 7(a)(18) of the Small Business 
     Act (15 U.S.C. 636(a)(18)) is amended--
       (1) in subparagraph (A), in the matter preceding clause 
     (i), by striking ``With respect to'' and inserting ``Except 
     as provided in subparagraph (C), with respect to''; and
       (2) by adding at the end the following:
       ``(C) Military community.--For an eligible member of the 
     military community (as defined in paragraph (31)(G)(i)), the 
     fee for a loan guaranteed under this subsection, except for a 
     loan guaranteed under subparagraph (G) of paragraph (31), 
     shall be equal to 75 percent of the fee otherwise applicable 
     to the loan under subparagraph (A).''.
       (c) Technical and Conforming Amendments.--
       (1) Small business act.--Section 7(a) of the Small Business 
     Act (15 U.S.C. 636(a)) is amended--
       (A) by striking paragraph (33); and
       (B) by redesignating paragraphs (34) and (35) as paragraphs 
     (33) and (34), respectively.
       (2) Small business jobs act of 2010.--Section 1133(b) of 
     the Small Business Jobs Act of 2010 (Public Law 111-240; 124 
     Stat. 2515) is amended by striking paragraphs (1) and (2) and 
     inserting the following:
       ``(1) by striking paragraph (33), as redesignated by 
     section 504(c) of the SBIR/STTR Reauthorization Act of 2011; 
     and
       ``(2) by redesignating paragraph (34), as redesignated by 
     section 504(c) of the SBIR/STTR Reauthorization Act of 2011, 
     as paragraph (33).''.
       (d) Reduction of Government Printing Costs.--
       (1) Strategy and guidelines.--Not later than 180 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 Executive departments and independent establishments, as 
     those terms are defined in chapter 1 of title 5, United 
     States Code--
       (A) to develop a strategy to reduce Government printing 
     costs during the 10-year period beginning on September 1, 
     2011; and
       (B) to issue Government-wide guidelines for printing that 
     implements the strategy developed under subparagraph (A).
       (2) Considerations.--
       (A) In general.--In developing the strategy under paragraph 
     (1)(A), the Director of the Office of Management and Budget 
     and the heads of the Executive departments and independent 
     establishments shall consider guidelines for--
       (i) duplex and color printing;
       (ii) the use of digital file systems by Executive 
     departments and independent establishments; and
       (iii) determine which Government publications might be made 
     available on Government Web sites instead of being printed.
       (B) 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 entitled to or enrolled for benefits 
     under part A of title XVIII of the Social Security Act (42 
     U.S.C. 1395 et seq.) or enrolled for benefits under part B of 
     such title, individuals who receive old-age survivors' or 
     disability insurance payments under title II of such Act (42 
     U.S.C. 401 et seq.), and other individuals with limited 
     ability to use or access the Internet have access to printed 
     versions of documents that the Director are available after 
     the issuance of the guidelines under paragraph (1)(B).
                                 ______
                                 
  SA 230. 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.

       Strike section 501 and insert the following:

     SEC. 501. NATIONALLY IMPORTANT RESEARCH TOPICS AND CRITICAL 
                   TECHNOLOGIES.

       (a) SBIR Program.--Section 9(g) of the Small Business Act 
     (15 U.S.C. 638(g)) is amended--
       (1) in paragraph (3), by striking ``critical technologies'' 
     and all that follows and inserting the following: 
     ``nationally important research topics or critical 
     technologies, including nationally important research topics 
     or critical technologies identified by the Interagency SBIR/
     STTR Policy Committee;''; and
       (2) by adding after paragraph (12), as added by section 
     111(a) of this Act, the following:
       ``(13) encourage applications under the SBIR program (to 
     the extent that the projects relate to the mission of the 
     Federal agency)--
       ``(A) from small business concerns in geographic areas 
     underrepresented in the SBIR program or located in rural 
     areas (as defined in section 1393(a)(2) of the Internal 
     Revenue Code of 1986);
       ``(B) small business concerns owned and controlled by 
     women;
       ``(C) small business concerns owned and controlled by 
     veterans;
       ``(D) small business concerns owned and controlled by 
     Native Americans; and
       ``(E) small business concerns located in a geographic area 
     with an unemployment rates that exceed the national 
     unemployment

[[Page 4158]]

     rate, based on the most recently available monthly 
     publications of the Bureau of Labor Statistics of the 
     Department of Labor.''.
       (b) STTR Program.--Section 9(o) of the Small Business Act 
     (15 U.S.C. 638(o)), as amended by section 111(b) of this Act, 
     is amended--
       (1) in paragraph (3), by striking ``critical technologies'' 
     and all that follows and inserting the following: 
     ``nationally important research topics or critical 
     technologies, including nationally important research topics 
     or critical technologies identified by the Interagency SBIR/
     STTR Policy Committee;'';
       (2) in paragraph (15), by striking ``and'' at the end;
       (3) in paragraph (16), by striking the period at the end 
     and inserting ``; and''; and
       (4) by adding at the end the following:
       ``(17) encourage applications under the STTR program (to 
     the extent that the projects relate to the mission of the 
     Federal agency)--
       ``(A) from small business concerns in geographic areas 
     underrepresented in the STTR program or located in rural 
     areas (as defined in section 1393(a)(2) of the Internal 
     Revenue Code of 1986);
       ``(B) small business concerns owned and controlled by 
     women;
       ``(C) small business concerns owned and controlled by 
     veterans;
       ``(D) small business concerns owned and controlled by 
     Native Americans; and
       ``(E) small business concerns located in a geographic area 
     with an unemployment rates that exceed the national 
     unemployment rate, based on the most recently available 
     monthly publications of the Bureau of Labor Statistics of the 
     Department of Labor.''.
       (c) Nationally Important Research Topics and Critical 
     Technologies.--
       (1) Amendment.--Section 9 of the Small Business Act (15 
     U.S.C. 638) is amended by adding after subsection (mm), as 
     added by section 503 of this Act, the following:
       ``(nn) Biennial Report on Nationally Important Research 
     Topics and Critical Technologies.--
       ``(1) Report required.--
       ``(A) In general.--Not later than October 1, 2012, and 
     every 2 years thereafter, the Interagency SBIR/STTR Policy 
     Committee shall submit to the Committee on Small Business and 
     Entrepreneurship of the Senate and the Committee on Small 
     Business of the House of Representatives a report that 
     identifies nationally important research topics and critical 
     technologies. For purposes of this subsection, a nationally 
     important research topic or critical technology may include a 
     research topic or technology that relates to nanotechnology, 
     rare diseases, security, energy, transportation, improving 
     the security and quality of the water supply of the United 
     States, or the efficiency of water delivery systems.
       ``(B) Contents.--Each report required under subparagraph 
     (A) shall include, for each research topic or critical 
     technology identified in the report--
       ``(i) the reasons the Interagency SBIR/STTR Policy 
     Committee selected the research topic or technology;
       ``(ii) the state of the development of the research topic 
     or technology in the United States and in other countries; 
     and
       ``(iii) an estimate of the current and anticipated level of 
     research and development efforts in the United States 
     concerning the research topic or technology.
       ``(C) Maximum number of nationally important research 
     topics and critical technologies.--A report submitted under 
     subparagraph (A) may not identify more than 30 research 
     topics and technologies as nationally important research 
     topics or critical technologies.
       ``(2) Determination of national importance.--
       ``(A) Determination.--The Interagency SBIR/STTR Policy 
     Committee may identify a research topic or technology as a 
     nationally important research topic or critical technology if 
     the Interagency SBIR/STTR Policy Committee determines it is 
     essential for the United States to develop the research topic 
     or technology to further the long-term national security or 
     economic prosperity of the United States.
       ``(B) Considerations.--In making a determination under 
     subparagraph (A), the Interagency SBIR/STTR Policy Committee 
     shall consider--
       ``(i) reports by the National Academies of Science; and
       ``(ii) other nationally recognized strategic plans, 
     strategies, or roadmaps.''.
       (2) Prospective repeal.--Effective September 30, 2016, 
     section 9 of the Small Business Act (15 U.S.C. 638), as 
     amended by this subsection, is amended--
       (A) in subsection (g)(3), by striking ``, including 
     nationally important research topics or critical technologies 
     identified by the Interagency SBIR/STTR Policy Committee'';
       (B) in subsection (o)(3), by striking ``, including 
     nationally important research topics or critical technologies 
     identified by the Interagency SBIR/STTR Policy Committee''; 
     and
       (C) by striking subsection (nn).
                                 ______
                                 
  SA 231. Mr. PAUL (for himself, Mr. Grassley, Mr. Portman, Mr. Rubio, 
Mr. Enzi, and Mr. Lee) 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. ___. REGULATIONS FROM THE EXECUTIVE IN NEED OF SCRUTINY.

       (a) Short Title.--This section may be cited as the 
     ``Regulations From the Executive in Need of Scrutiny Act of 
     2011'' or the ``REINS Act''.
       (b) Findings and Purpose.--
       (1) Findings.--Congress finds the following:
       (A) Section 1 of article I of the United States 
     Constitution grants all legislative powers to Congress.
       (B) Over time, Congress has excessively delegated its 
     constitutional charge while failing to conduct appropriate 
     oversight and retain accountability for the content of the 
     laws it passes.
       (C) By requiring a vote in Congress, this Act will result 
     in more carefully drafted and detailed legislation, an 
     improved regulatory process, and a legislative branch that is 
     truly accountable to the people of the United States for the 
     laws imposed upon them.
       (2) Purpose.--The purpose of this Act is to increase 
     accountability for and transparency in the Federal regulatory 
     process.
       (c) Congressional Review of Agency Rulemaking.--Chapter 8 
     of title 5, United States Code, is amended to read as 
     follows:

         ``CHAPTER 8--CONGRESSIONAL REVIEW OF AGENCY RULEMAKING

``Sec.
``801. Congressional review.
``802. Congressional approval procedure for major rules.
``803. Congressional disapproval procedure for nonmajor rules.
``804. Definitions.
``805. Judicial review.
``806. Exemption for monetary policy.
``807. Effective date of certain rules.

     ``Sec. 801. Congressional review

       ``(a)(1)(A) Before a rule may take effect, the Federal 
     agency promulgating such rule shall submit to each House of 
     the Congress and to the Comptroller General a report 
     containing--
       ``(i) a copy of the rule;
       ``(ii) a concise general statement relating to the rule;
       ``(iii) a classification of the rule as a major or nonmajor 
     rule, including an explanation of the classification 
     specifically addressing each criteria for a major rule 
     contained within sections 804(2)(A), 804(2)(B), and 
     804(2)(C);
       ``(iv) a list of any other related regulatory actions 
     intended to implement the same statutory provision or 
     regulatory objective as well as the individual and aggregate 
     economic effects of those actions; and
       ``(v) the proposed effective date of the rule.
       ``(B) On the date of the submission of the report under 
     subparagraph (A), the Federal agency promulgating the rule 
     shall submit to the Comptroller General and make available to 
     each House of Congress--
       ``(i) a complete copy of the cost-benefit analysis of the 
     rule, if any;
       ``(ii) the agency's actions under title 5 of the United 
     States Code, sections 603, 604, 605, 607, and 609;
       ``(iii) the agency's actions under sections 202, 203, 204, 
     and 205 of the Unfunded Mandates Reform Act of 1995 (2 U.S.C. 
     1532, 1533, 1534, and 1535); and
       ``(iv) any other relevant information or requirements under 
     any other Act and any relevant Executive orders.
       ``(C) Upon receipt of a report submitted under subparagraph 
     (A), each House shall provide copies of the report to the 
     chairman and ranking member of each standing committee with 
     jurisdiction under the rules of the House of Representatives 
     or the Senate to report a bill to amend the provision of law 
     under which the rule is issued.
       ``(2)(A) The Comptroller General shall provide a report on 
     each major rule to the committees of jurisdiction by the end 
     of 15 calendar days after the submission or publication date 
     as provided in section 802(b)(2). The report of the 
     Comptroller General shall include an assessment of the 
     agency's compliance with procedural steps required by 
     paragraph (1)(B).
       ``(B) Federal agencies shall cooperate with the Comptroller 
     General by providing information relevant to the Comptroller 
     General's report under subparagraph (A).
       ``(3) A major rule relating to a report submitted under 
     paragraph (1) shall take effect upon enactment of a joint 
     resolution of approval described in section 802 or as 
     provided for in the rule following enactment of a joint 
     resolution of approval described in section 802, whichever is 
     later.
       ``(4) A nonmajor rule shall take effect as provided by 
     section 803 after submission to Congress under paragraph (1).
       ``(5) If a joint resolution of approval relating to a major 
     rule is not enacted within the period provided in subsection 
     (b)(2), then a joint resolution of approval relating to the 
     same rule may not be considered under this chapter in the 
     same Congress by either the House of Representatives or the 
     Senate.

[[Page 4159]]

       ``(b)(1) A major rule shall not take effect unless the 
     Congress enacts a joint resolution of approval described 
     under section 802.
       ``(2) If a joint resolution described in subsection (a) is 
     not enacted into law by the end of 70 session days or 
     legislative days, as applicable, beginning on the date on 
     which the report referred to in section 801(a)(1)(A) is 
     received by Congress (excluding days either House of Congress 
     is adjourned for more than 3 days during a session of 
     Congress), then the rule described in that resolution shall 
     be deemed not to be approved and such rule shall not take 
     effect.
       ``(c)(1) Notwithstanding any other provision of this 
     section (except subject to paragraph (3)), a major rule may 
     take effect for one 90-calendar-day period if the President 
     makes a determination under paragraph (2) and submits written 
     notice of such determination to the Congress.
       ``(2) Paragraph (1) applies to a determination made by the 
     President by Executive order that the major rule should take 
     effect because such rule is--
       ``(A) necessary because of an imminent threat to health or 
     safety or other emergency;
       ``(B) necessary for the enforcement of criminal laws;
       ``(C) necessary for national security; or
       ``(D) issued pursuant to any statute implementing an 
     international trade agreement.
       ``(3) An exercise by the President of the authority under 
     this subsection shall have no effect on the procedures under 
     section 802.
       ``(d)(1) In addition to the opportunity for review 
     otherwise provided under this chapter, in the case of any 
     rule for which a report was submitted in accordance with 
     subsection (a)(1)(A) during the period beginning on the date 
     occurring--
       ``(A) in the case of the Senate, 60 session days, or
       ``(B) in the case of the House of Representatives, 60 
     legislative days,

     before the date the Congress is scheduled to adjourn a 
     session of Congress through the date on which the same or 
     succeeding Congress first convenes its next session, sections 
     802 and 803 shall apply to such rule in the succeeding 
     session of Congress.
       ``(2)(A) In applying sections 802 and 803 for purposes of 
     such additional review, a rule described under paragraph (1) 
     shall be treated as though--
       ``(i) such rule were published in the Federal Register on--
       ``(I) in the case of the Senate, the 15th session day, or
       ``(II) in the case of the House of Representatives, the 
     15th legislative day,
     after the succeeding session of Congress first convenes; and
       ``(ii) a report on such rule were submitted to Congress 
     under subsection (a)(1) on such date.
       ``(B) Nothing in this paragraph shall be construed to 
     affect the requirement under subsection (a)(1) that a report 
     shall be submitted to Congress before a rule can take effect.
       ``(3) A rule described under paragraph (1) shall take 
     effect as otherwise provided by law (including other 
     subsections of this section).

     ``Sec. 802. Congressional approval procedure for major rules

       ``(a) For purposes of this section, the term `joint 
     resolution' means only a joint resolution introduced on or 
     after the date on which the report referred to in section 
     801(a)(1)(A) is received by Congress (excluding days either 
     House of Congress is adjourned for more than 3 days during a 
     session of Congress), the matter after the resolving clause 
     of which is as follows: `That Congress approves the rule 
     submitted by the _ _ relating to _ _.' (The blank spaces 
     being appropriately filled in).
       ``(1) In the House, the majority leader of the House of 
     Representatives (or his designee) and the minority leader of 
     the House of Representatives (or his designee) shall 
     introduce such joint resolution described in subsection (a) 
     (by request), within 3 legislative days after Congress 
     receives the report referred to in section 801(a)(1)(A).
       ``(2) In the Senate, the majority leader of the Senate (or 
     his designee) and the minority leader of the Senate (or his 
     designee) shall introduce such joint resolution described in 
     subsection (a) (by request), within 3 session days after 
     Congress receives the report referred to in section 
     801(a)(1)(A).
       ``(b)(1) A joint resolution described in subsection (a) 
     shall be referred to the committees in each House of Congress 
     with jurisdiction under the rules of the House of 
     Representatives or the Senate to report a bill to amend the 
     provision of law under which the rule is issued.
       ``(2) For purposes of this section, the term `submission 
     date' means the date on which the Congress receives the 
     report submitted under section 801(a)(1).
       ``(c) In the Senate, if the committee or committees to 
     which a joint resolution described in subsection (a) has been 
     referred have not reported it at the end of 15 session days 
     after its introduction, such committee or committees shall be 
     automatically discharged from further consideration of the 
     resolution and it shall be placed on the calendar. A vote on 
     final passage of the resolution shall be taken on or before 
     the close of the 15th session day after the resolution is 
     reported by the committee or committees to which it was 
     referred, or after such committee or committees have been 
     discharged from further consideration of the resolution.
       ``(d)(1) In the Senate, when the committee or committees to 
     which a joint resolution is referred have reported, or when a 
     committee or committees are discharged (under subsection (c)) 
     from further consideration of a joint resolution described in 
     subsection (a), it is at any time thereafter in order (even 
     though a previous motion to the same effect has been 
     disagreed to) for a motion to proceed to the consideration of 
     the joint resolution, and all points of order against the 
     joint resolution (and against consideration of the joint 
     resolution) are waived. The motion is not subject to 
     amendment, or to a motion to postpone, or to a motion to 
     proceed to the consideration of other business. A motion to 
     reconsider the vote by which the motion is agreed to or 
     disagreed to shall not be in order. If a motion to proceed to 
     the consideration of the joint resolution is agreed to, the 
     joint resolution shall remain the unfinished business of the 
     Senate until disposed of.
       ``(2) In the Senate, debate on the joint resolution, and on 
     all debatable motions and appeals in connection therewith, 
     shall be limited to not more than 2 hours, which shall be 
     divided equally between those favoring and those opposing the 
     joint resolution. A motion to further limit debate is in 
     order and not debatable. An amendment to, or a motion to 
     postpone, or a motion to proceed to the consideration of 
     other business, or a motion to recommit the joint resolution 
     is not in order.
       ``(3) In the Senate, immediately following the conclusion 
     of the debate on a joint resolution described in subsection 
     (a), and a single quorum call at the conclusion of the debate 
     if requested in accordance with the rules of the Senate, the 
     vote on final passage of the joint resolution shall occur.
       ``(4) Appeals from the decisions of the Chair relating to 
     the application of the rules of the Senate to the procedure 
     relating to a joint resolution described in subsection (a) 
     shall be decided without debate.
       ``(e)(1) In the House of Representatives, if the committee 
     or committees to which a joint resolution described in 
     subsection (a) has been referred have not reported it at the 
     end of 15 legislative days after its introduction, such 
     committee or committees shall be automatically discharged 
     from further consideration of the resolution and it shall be 
     placed on the appropriate calendar. A vote on final passage 
     of the resolution shall be taken on or before the close of 
     the 15th legislative day after the resolution is reported by 
     the committee or committees to which it was referred, or 
     after such committee or committees have been discharged from 
     further consideration of the resolution.
       ``(2)(A) A motion in the House of Representatives to 
     proceed to the consideration of a resolution shall be 
     privileged and not debatable. An amendment to the motion 
     shall not be in order, nor shall it be in order to move to 
     reconsider the vote by which the motion is agreed to or 
     disagreed to.
       ``(B) Debate in the House of Representatives on a 
     resolution shall be limited to not more than two hours, which 
     shall be divided equally between those favoring and those 
     opposing the resolution. A motion to further limit debate 
     shall not be debatable. No amendment to, or motion to 
     recommit, the resolution shall be in order. It shall not be 
     in order to reconsider the vote by which a resolution is 
     agreed to or disagreed to.
       ``(C) Motions to postpone, made in the House of 
     Representatives with respect to the consideration of a 
     resolution, and motions to proceed to the consideration of 
     other business, shall be decided without debate.
       ``(D) All appeals from the decisions of the Chair relating 
     to the application of the Rules of the House of 
     Representatives to the procedure relating to a resolution 
     shall be decided without debate.
       ``(f) If, before the passage by one House of a joint 
     resolution of that House described in subsection (a), that 
     House receives from the other House a joint resolution 
     described in subsection (a), then the following procedures 
     shall apply with respect to a joint resolution described in 
     subsection (a) of the House receiving the joint resolution--
       ``(1) the procedure in that House shall be the same as if 
     no joint resolution had been received from the other House; 
     but
       ``(2) the vote on final passage shall be on the joint 
     resolution of the other House.
       ``(g) The enactment of a resolution of approval does not 
     serve as a grant or modification of statutory authority by 
     Congress for the promulgation of a rule, does not extinguish 
     or affect any claim, whether substantive or procedural, 
     against any alleged defect in a rule, and shall not form part 
     of the record before the court in any judicial proceeding 
     concerning a rule.
       ``(h) This section and section 803 are enacted by 
     Congress--
       ``(1) as an exercise of the rulemaking power of the Senate 
     and House of Representatives, respectively, and as such it is 
     deemed a 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 joint resolution described in 
     subsection (a), and it supersedes other rules only to the 
     extent that it is inconsistent with such rules; and

[[Page 4160]]

       ``(2) with full recognition of the constitutional right of 
     either House to change the rules (so far as relating 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. 803. Congressional disapproval procedure for nonmajor 
       rules

       ``(a) For purposes of this section, the term `joint 
     resolution' means only a joint resolution introduced in the 
     period beginning on the date on which the report referred to 
     in section 801(a)(1)(A) is received by Congress and ending 60 
     days thereafter (excluding days either House of Congress is 
     adjourned for more than 3 days during a session of Congress), 
     the matter after the resolving clause of which is as follows: 
     `That Congress disapproves the nonmajor rule submitted by the 
     _ _ relating to _ _, and such rule shall have no force or 
     effect.' (The blank spaces being appropriately filled in).
       ``(b)(1) A joint resolution described in subsection (a) 
     shall be referred to the committees in each House of Congress 
     with jurisdiction.
       ``(2) For purposes of this section, the term `submission or 
     publication date' means the later of the date on which--
       ``(A) the Congress receives the report submitted under 
     section 801(a)(1); or
       ``(B) the nonmajor rule is published in the Federal 
     Register, if so published.
       ``(c) In the Senate, if the committee to which is referred 
     a joint resolution described in subsection (a) has not 
     reported such joint resolution (or an identical joint 
     resolution) at the end of 15 session days after the date of 
     introduction of the joint resolution, such committee may be 
     discharged from further consideration of such joint 
     resolution upon a petition supported in writing by 30 Members 
     of the Senate, and such joint resolution shall be placed on 
     the calendar.
       ``(d)(1) In the Senate, when the committee to which a joint 
     resolution is referred has reported, or when a committee is 
     discharged (under subsection (c)) from further consideration 
     of a joint resolution described in subsection (a), it is at 
     any time thereafter in order (even though a previous motion 
     to the same effect has been disagreed to) for a motion to 
     proceed to the consideration of the joint resolution, and all 
     points of order against the joint resolution (and against 
     consideration of the joint resolution) are waived. The motion 
     is not subject to amendment, or to a motion to postpone, or 
     to a motion to proceed to the consideration of other 
     business. A motion to reconsider the vote by which the motion 
     is agreed to or disagreed to shall not be in order. If a 
     motion to proceed to the consideration of the joint 
     resolution is agreed to, the joint resolution shall remain 
     the unfinished business of the Senate until disposed of.
       ``(2) In the Senate, debate on the joint resolution, 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 
     joint resolution. A motion to further limit debate is in 
     order and not debatable. An amendment to, or a motion to 
     postpone, or a motion to proceed to the consideration of 
     other business, or a motion to recommit the joint resolution 
     is not in order.
       ``(3) In the Senate, immediately following the conclusion 
     of the debate on a joint resolution described in subsection 
     (a), and a single quorum call at the conclusion of the debate 
     if requested in accordance with the rules of the Senate, the 
     vote on final passage of the joint resolution shall occur.
       ``(4) Appeals from the decisions of the Chair relating to 
     the application of the rules of the Senate to the procedure 
     relating to a joint resolution described in subsection (a) 
     shall be decided without debate.
       ``(e) In the Senate the procedure specified in subsection 
     (c) or (d) shall not apply to the consideration of a joint 
     resolution respecting a nonmajor rule--
       ``(1) after the expiration of the 60 session days beginning 
     with the applicable submission or publication date, or
       ``(2) if the report under section 801(a)(1)(A) was 
     submitted during the period referred to in section 801(d)(1), 
     after the expiration of the 60 session days beginning on the 
     15th session day after the succeeding session of Congress 
     first convenes.
       ``(f) If, before the passage by one House of a joint 
     resolution of that House described in subsection (a), that 
     House receives from the other House a joint resolution 
     described in subsection (a), then the following procedures 
     shall apply:
       ``(1) The joint resolution of the other House shall not be 
     referred to a committee.
       ``(2) With respect to a joint resolution described in 
     subsection (a) of the House receiving the joint resolution--
       ``(A) the procedure in that House shall be the same as if 
     no joint resolution had been received from the other House; 
     but
       ``(B) the vote on final passage shall be on the joint 
     resolution of the other House.

     ``Sec. 804. Definitions

       ``For purposes of this chapter--
       ``(1) the term `Federal agency' means any agency as that 
     term is defined in section 551(1);
       ``(2) the term `major rule' means any rule, including an 
     interim final rule, that the Administrator of the Office of 
     Information and Regulatory Affairs of the Office of 
     Management and Budget finds has resulted in or is likely to 
     result in--
       ``(A) an annual effect on the economy of $100,000,000 or 
     more;
       ``(B) a major increase in costs or prices for consumers, 
     individual industries, Federal, State, or local government 
     agencies, or geographic regions; or
       ``(C) significant adverse effects on competition, 
     employment, investment, productivity, innovation, or on the 
     ability of United States-based enterprises to compete with 
     foreign-based enterprises in domestic and export markets;
       ``(3) the term `nonmajor rule' means any rule that is not a 
     major rule; and
       ``(4) the term `rule' has the meaning given such term in 
     section 551, except that such term does not include--
       ``(A) any rule of particular applicability, including a 
     rule that approves or prescribes for the future rates, wages, 
     prices, services, or allowances therefore, corporate or 
     financial structures, reorganizations, mergers, or 
     acquisitions thereof, or accounting practices or disclosures 
     bearing on any of the foregoing;
       ``(B) any rule relating to agency management or personnel; 
     or
       ``(C) any rule of agency organization, procedure, or 
     practice that does not substantially affect the rights or 
     obligations of non-agency parties.

     ``Sec. 805. Judicial review

       ``(a) No determination, finding, action, or omission under 
     this chapter shall be subject to judicial review.
       ``(b) Notwithstanding subsection (a), a court may determine 
     whether a Federal agency has completed the necessary 
     requirements under this chapter for a rule to take effect.

     ``Sec. 806. Exemption for monetary policy

       ``Nothing in this chapter shall apply to rules that concern 
     monetary policy proposed or implemented by the Board of 
     Governors of the Federal Reserve System or the Federal Open 
     Market Committee.

     ``Sec. 807. Effective date of certain rules

       ``Notwithstanding section 801--
       ``(1) any rule that establishes, modifies, opens, closes, 
     or conducts a regulatory program for a commercial, 
     recreational, or subsistence activity related to hunting, 
     fishing, or camping; or
       ``(2) any rule other than a major rule which an agency for 
     good cause finds (and incorporates the finding and a brief 
     statement of reasons therefore in the rule issued) that 
     notice and public procedure thereon are impracticable, 
     unnecessary, or contrary to the public interest,
     shall take effect at such time as the Federal agency 
     promulgating the rule determines.''.
                                 ______
                                 
  SA 232. 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 follow:

       On page 4, line 9, strike ``2019'' and insert ``2025''.
       On page 4, line 17, strike ``2019'' and insert ``2025''.
                                 ______
                                 
  SA 233. Mr. MERKLEY 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 follow:

       On page 27, line 21, strike the quotation marks and the 
     second period and insert the following:
       ``(5) Preference for phase iii awards.--To the greatest 
     extent practicable, in making Phase III awards, Federal 
     agencies and Federal prime contractors shall give preference 
     to applicants that will carry out projects in the United 
     States.''.
       On page 49, line 16, strike ``and''.
       On page 49, between lines 18 and 19, insert the following:
       (C) in subparagraph (C), by striking ``and'' at the end;
       (D) in subparagraph (D), by striking the period at the end 
     and inserting ``; and''; and
       (E) by adding at the end the following:
       ``(E) developing, manufacturing, and commercializing in the 
     United States new commercial products and processes resulting 
     from such projects.'';
       On page 54, line 4, strike the quotation marks and the 
     second period and insert the following:
       ``(7) Incentives for domestic testing and production.--In 
     carrying out the Commercialization Readiness Program, the 
     Secretary of Defense shall give preference to research 
     programs that--
       ``(A) test products or services in the United States; and
       ``(B) would allow the Department of Defense to fulfill the 
     requirements under chapter 83 of title 41, United States Code 
     (commonly referred to as the `Buy American Act').''.
       On page 56, between lines 15 and 16, insert the following:

[[Page 4161]]

       ``(5) Increasing domestic capabilities.--In carrying out a 
     pilot program, the head of a covered Federal agency shall 
     give preference to applicants that intend to test, develop, 
     manufacture or commercialize a product or service in the 
     United States.
       On page 56, line 16, strike ``(5)'' and insert ``(6)''.
       On page 57, line 1, strike ``(6)'' and insert ``(7)''.
       On page 57, line 4, strike ``(7)'' and insert ``(8)''.
       On page 60, line 7, after ``processes,'' insert the 
     following: ``giving preference to research conducted in the 
     United States,''.
       On page 91, line 20, strike ``and'' at the end.
       On page 91, strike line 22 and insert the following:
     award; and
       ``(4) whether the small business concern or individual 
     receiving the Phase III award is developing, testing, 
     producing, or manufacturing the product or service that is 
     the subject of the Phase III award in the United States.''.
       On page 105, line 2, strike ``and''.
       On page 105, between lines 6 and 7, insert the following:
       (C) ways for Federal agencies to create incentives for 
     recipients of awards under the SBIR program and the STTR 
     program to carry out research, development, testing, 
     production, manufacturing, and commercialization in the 
     United States; and

       On page 107, between lines 10 and 11, insert the following:

     SEC. 316. GAO STUDY AND REPORT ON DOMESTIC PRODUCTION, 
                   MANUFACTURING, AND COMMERCIALIZATION.

       (a) Study.--Not later than 3 years after the date of 
     enactment of this Act, and every 3 years thereafter, the 
     Comptroller General of the United States shall--
       (1) conduct a study that--
       (A) determines the amount of production, manufacturing, and 
     commercialization in the United States that resulted from 
     awards under the SBIR and STTR programs during the applicable 
     period; and
       (B) estimates the number of jobs created as a result of 
     awards under the SBIR and STTR programs during the applicable 
     period; and
       (2) submit a report to Congress that contains the results 
     of the study under paragraph (1), together with 
     recommendations, if any, for how to use the SBIR and STTR 
     programs to increase production, manufacturing, and 
     commercialization in the United States.
       (b) Applicable Period.--In this section, the term 
     ``applicable period'' means, for each report submitted under 
     paragraph (2), the 3-year period ending on the date that is 
     30 days before the date of the report.
       On page 115, line 8, insert after ``programs'' the 
     following: ``, including the impact on production and 
     manufacturing in the United States''.
                                 ______
                                 
  SA 234. Ms. LANDRIEU (for herself 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; which was ordered to lie on the table; as follows:

       At the end, add the following:

TITLE VI--SMALL BUSINESS BROADBAND AND EMERGING INFORMATION TECHNOLOGY 
                              ENHANCEMENTS

     SEC. 601. BROADBAND AND EMERGING INFORMATION TECHNOLOGY 
                   COORDINATOR.

       (a) In General.--The Small Business Act (15 U.S.C. 631 et 
     seq.) is amended--
       (1) by redesignating section 45 as section 46; and
       (2) by inserting after section 44 the following:

     ``SEC. 45. BROADBAND AND EMERGING INFORMATION TECHNOLOGY.

       ``(a) Definition.--In this section, the term `broadband and 
     emerging information technology coordinator' means the 
     individual assigned the broadband and emerging information 
     technology coordination responsibilities of the 
     Administration under subsection (b)(1).
       ``(b) Assignment of Coordinator.--
       ``(1) Assignment of coordinator.--The Administrator shall 
     assign responsibility for coordinating the programs and 
     activities of the Administration relating to broadband and 
     emerging information technology to an individual who--
       ``(A) shall report directly to the Administrator;
       ``(B) shall work in coordination with--
       ``(i) the chief information officer, the chief technology 
     officer, and the head of the Office of Technology of the 
     Administration; and
       ``(ii) any Associate Administrator of the Administration 
     determined appropriate by the Administrator;
       ``(C) has experience developing and implementing 
     telecommunications policy in the private sector or 
     government; and
       ``(D) has demonstrated significant experience in the area 
     of broadband or emerging information technology.
       ``(2) Responsibilities of coordinator.--The broadband and 
     emerging information technology coordinator shall--
       ``(A) coordinate programs of the Administration that assist 
     small business concerns in adopting, making innovations in, 
     and using broadband and other emerging information 
     technologies;
       ``(B) serve as the primary liaison of the Administration to 
     other Federal agencies involved in broadband and emerging 
     information technology policy, including the Department of 
     Commerce, the Department of Agriculture, and the Federal 
     Communications Commission; and
       ``(C) identify best practices relating to broadband and 
     emerging information technology that may benefit small 
     business concerns.
       ``(3) Travel.--Not more than 20 percent of the hours of 
     service by the broadband and emerging information technology 
     coordinator during any fiscal year shall consist of travel 
     outside the United States to perform official duties.
       ``(c) Broadband and Emerging Technology Training.--
       ``(1) Training.--The Administrator shall provide to 
     employees of the Administration training that--
       ``(A) familiarizes employees of the Administration with 
     broadband and other emerging information technologies; and
       ``(B) includes--
       ``(i) instruction counseling small business concerns 
     regarding adopting, making innovations in, and using 
     broadband and other emerging information technologies; and
       ``(ii) information on programs of the Federal Government 
     that provide assistance to small business concerns relating 
     to broadband and emerging information technologies.
       ``(2) Authorization of appropriations.--There are 
     authorized to be appropriated such sums as are necessary to 
     carry out this subsection.
       ``(d) Reports.--
       ``(1) Biennial report on activities.--Not later than 2 
     years after the date on which the Administrator makes the 
     first assignment of responsibilities under subsection (b), 
     and every 2 years thereafter, the broadband and emerging 
     information technology coordinator shall submit to the 
     Committee on Small Business and Entrepreneurship of the 
     Senate and the Committee on Small Business of the House of 
     Representatives a report regarding the programs and 
     activities of the Administration relating to broadband and 
     other emerging information technologies.
       ``(2) Report on federal programs.--Not later than 1 year 
     after the date of enactment of the SBIR/STTR Reauthorization 
     Act of 2011, the broadband and emerging information 
     technology coordinator, in consultation with the Secretary of 
     Agriculture, the Assistant Secretary of Commerce for 
     Communications and Information, and the Chairman of the 
     Federal Communications Commission, shall submit to the 
     Committee on Small Business and Entrepreneurship of the 
     Senate and the Committee on Small Business of the House of 
     Representatives a report on the programs of the Federal 
     Government that provide assistance to small business concerns 
     relating to broadband and emerging information technologies, 
     which shall include recommendations, if any, for improving 
     coordination among the programs.''.
       (b) Elimination of Vacant Position Required.--
       (1) Elimination.--Before assigning the first broadband and 
     emerging technologies coordinator under section 45 of the 
     Small Business Act, as added by subsection (a) of this 
     section, the Administrator shall--
       (A) identify a position within the Administration that is--
       (i) vacant on the date of enactment of this Act; and
       (ii) required to be filled by an employee in the Senior 
     Executive Service or at GS-15 of the General Schedule; and
       (B) eliminate the position identified under subparagraph 
     (A).
       (2) Restriction.--For purposes of paragraph (1), the 
     Administrator may not eliminate a position established by the 
     Small Business Act (15 U.S.C. 631 et seq.), the Small 
     Business Investment Act 1958 (15 U.S.C. 661 et seq.), or any 
     other Federal statute.
       (c) Technical and Conforming Amendments.--
       (1) In general.--The amendments made by section 205(b) 
     shall have no force or effect.
       (2) Prospective repeal of accelerating cures pilot 
     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--
       (A) by striking section 43, as added by section 205(a); and
       (B) by redesignating sections 44, 45 (as added by 
     subsection (a)), and 46 (as redesignated by subsection (a)) 
     as sections 43, 44, and 45, respectively.

     SEC. 602. ENTREPRENEURIAL DEVELOPMENT.

       Section 21(c)(3)(B) of the Small Business Act (15 U.S.C. 
     648(c)(3)(B)) is amended--
       (1) in the matter preceding clause (i), by inserting 
     ``accessing broadband and other emerging information 
     technology,'' after ``technology transfer,'';
       (2) in clause (ii), by striking ``and'' at the end;
       (3) in clause (iii), by adding ``and'' at the end; and
       (4) by adding at the end the following:
       ``(iv) increasing the competitiveness and productivity of 
     small business concerns by assisting entrepreneurs in 
     accessing broadband and other emerging information 
     technology;''.

[[Page 4162]]



     SEC. 603. CAPITAL ACCESS.

       (a) In General.--Section 7(a) of the Small Business Act (15 
     U.S.C. 636(a)) is amended in the matter preceding paragraph 
     (1) by inserting ``(including to purchase equipment for 
     broadband or other emerging information technologies)'' after 
     ``equipment''.
       (b) Microloans.--Section 7(m)(1)(A)(iii)(I) of the Small 
     Business Act (15 U.S.C. 636(m)(1)(A)(iii)(I)) is amended by 
     inserting ``(including to purchase equipment for broadband or 
     other emerging information technologies)'' after ``or 
     equipment''.

     SEC. 604. REPORT TO CONGRESS.

       (a) In General.--Not later than 45 days after the date of 
     enactment of this Act, the Administrator, in consultation 
     with the Administrator of General Services, shall submit to 
     the Committee on Small Business and Entrepreneurship of the 
     Senate and the Committee on Small Business of the House of 
     Representatives a report on ways to assist with the 
     development of broadband and wireless technology that would 
     benefit small business concerns.
       (b) Content of the Report.--The report submitted under 
     subsection (a) shall--
       (1) outline the participation by the Administration in the 
     National Antenna Program, including the number of wireless 
     towers deployed on facilities which contain an office of the 
     Administration;
       (2) information on agreements between the Administration 
     and the General Services Administration related to broadband 
     and wireless deployment in offices of the Administration; and
       (3) recommendations, if any, on opportunities for the 
     Administration to improve broadband or wireless technology in 
     offices of the Administration that are in areas currently 
     underserved or unserved by broadband service providers.
                                 ______
                                 
  SA 235. Mr. LEVIN 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. ___. SMALL BUSINESS INTERMEDIARY LENDING PILOT PROGRAM 
                   TECHNICAL CORRECTION.

       Section 7(l)(4)(B) of the Small Business Act (15 U.S.C. 
     636(l)(4)(B)) is amended by inserting ``under the Program'' 
     after ``to the eligible intermediary by the Administrator''.
                                 ______
                                 
  SA 236. Mr. BAUCUS 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. __. GREENHOUSE GAS-RELATED EXEMPTIONS FROM PERMITTING 
                   REQUIREMENTS.

       (a) Purposes.--The purposes of this section are--
       (1) to ensure that the greenhouse gas emissions from 
     certain sources will not require a permit under the Clean Air 
     Act (42 U.S.C. 7401 et seq.); and
       (2) to exempt greenhouse gas emissions from certain 
     agricultural sources from permitting requirements under that 
     Act.
       (b) Amendment.--Title III of the Clean Air Act (42 U.S.C. 
     7601 et seq.) is amended by adding at the end the following:

     ``SEC. 329. GREENHOUSE GAS-RELATED EXEMPTIONS FROM PERMITTING 
                   REQUIREMENTS.

       ``(a) Definition of Greenhouse Gas.--In this section, the 
     term `greenhouse gas' means any of the following:
       ``(1) Carbon dioxide.
       ``(2) Methane.
       ``(3) Nitrous oxide.
       ``(4) Sulfur hexafluoride.
       ``(5) Hydrofluorocarbons.
       ``(6) Perfluorocarbons.
       ``(7) Nitrogen trifluoride.
       ``(8) Any other anthropogenic gas, if the Administrator 
     determines that 1 ton of the gas has the same or greater 
     effect on global climate change as does 1 ton of carbon 
     dioxide.
       ``(b) New Source Review.--
       ``(1) Modification of definition of air pollutant.--For 
     purposes of determining whether a stationary source is a 
     major emitting facility under section 169(1) or has 
     undertaken construction pursuant to section 165(a), the term 
     `air pollutant' shall not include any greenhouse gas unless 
     the gas is subject to regulation under this Act for reasons 
     independent of the effects of the gas on global climate 
     change.
       ``(2) Thresholds for exclusions from permit provisions.--No 
     requirement of part C of title I shall apply with respect to 
     any greenhouse gas unless the gas is subject to regulation 
     under this Act for reasons independent of the effects of the 
     gas on global climate change or the gas is emitted by a 
     stationary source--
       ``(A) that is--
       ``(i) a new major emitting facility that will emit, or have 
     the potential to emit, greenhouse gases in a quantity of at 
     least 75,000 tons of carbon dioxide equivalent per year; or
       ``(ii) an existing major emitting facility that undertakes 
     construction which increases the quantity of greenhouse gas 
     emissions, or which results in emission of greenhouse gases 
     not previously emitted, of at least 75,000 tons carbon 
     dioxide equivalent per year; and
       ``(B) that has greenhouse gas emissions equal to or 
     exceeding 250 tons per year in mass emissions or, in the case 
     of any of the types of stationary sources identified in 
     section 169(1), 100 tons per year in mass emissions.
       ``(3) Agricultural sources.--In calculating the emissions 
     or potential emissions of a source or facility, emissions of 
     greenhouse gases that are subject to regulation under this 
     Act solely on the basis of the effect of the gases on global 
     climate change shall be excluded if the emissions are from--
       ``(A) changes in land use;
       ``(B) the raising of commodity crops, stock, dairy, 
     poultry, or fur-bearing animals, or the growing of fruits or 
     vegetables; or
       ``(C) farms, plantations, ranches, nurseries, ranges, 
     orchards, and greenhouses or other similar structures used 
     primarily for the raising of agricultural or horticultural 
     commodities.
       ``(c) Title V Operating Permits.--Notwithstanding any 
     provision of title III or title V, no stationary source shall 
     be required to apply for, or operate pursuant to, a permit 
     under title V, solely on the basis of the emissions of the 
     stationary source of greenhouse gases that are subject to 
     regulation under this Act solely on the basis of the effect 
     of the greenhouse gases on global climate change, unless 
     those emissions from that source are subject to regulation 
     under this Act.''.
                                 ______
                                 
  SA 237. 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. ___. CONGRESSIONAL RECORD.

       (a) Prohibition on Printing the Congressional Record.--
       (1) In general.--Chapter 9 of title 44, United States Code, 
     is amended by striking section 903 and inserting the 
     following:

     ``Sec. 903. Congressional Record: daily and permanent forms

       ``(a) In General.--The public proceedings of each House of 
     Congress as reported by the Official Reporters, shall be 
     included in the Congressional Record, which shall be issued 
     in daily form during each session and shall be revised and 
     made electronically available promptly, as directed by the 
     Joint Committee on Printing, for distribution during and 
     after the close of each session of Congress. The daily and 
     the permanent Record shall bear the same date, which shall be 
     that of the actual day's proceedings reported. The Government 
     Printing Office shall not print the Congressional Record.
       ``(b) Electronic Availability.--
       ``(1) Government printing office.--The Government Printing 
     Office shall make the Congressional Record available to the 
     Secretary of the Senate and the Chief Administrative Officer 
     of the House of Representatives in an electronic form in a 
     timely manner to ensure the implementation of paragraph (1).
       ``(2) Website.--The Secretary of the Senate and the Chief 
     Administrative Officer of the House of Representatives shall 
     make the Congressional Record available--
       ``(A) to the public on the websites of the Secretary of the 
     Senate and the Chief Administrative Officer of the House of 
     Representatives; and
       ``(B) in a format which enables the Congressional Record to 
     be downloaded and printed by users of the website.''.
       (b) Congressional Record.--
       (1) In general.--Chapter 9 of title 44, United States Code, 
     is amended--
       (A) in section 905, in the first sentence, by striking 
     ``printing'' and inserting ``inclusion''; and
       (B) by striking sections 906, 909, and 910.
       (2) Technical and conforming amendments.--The table of 
     sections for chapter 9 of title 44, United States Code, is 
     amended by striking the items relating to sections 906, 909, 
     and 910.
                                 ______
                                 
  SA 238. 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:

       On page 116, after line 24, insert the following:

     SEC. 504. DISPOSITION OF FEDERAL HIGH SPEED RAIL FUNDING NOT 
                   USED BY STATE TO WHICH IT WAS ALLOCATED.

       Amounts allocated to any State under the Federal Railroad 
     Administration's High-Speed Intercity Passenger Rail Program 
     that are not used by that State--
       (1) shall be deposited into the General Fund of the 
     Treasury to reduce that national deficit; and

[[Page 4163]]

       (2) may not be reallocated to another qualifying State for 
     any high speed rail project.
                                 ______
                                 
  SA 239. 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:

       On page 116, after line 24, add the following:

     SEC. 504. ELIMINATION OF DUPLICATIVE SECURITY ASSESSMENTS.

       Notwithstanding any other provision of law, the 
     Transportation Security Administration is not authorized to 
     conduct security assessments on hazardous material trucking 
     companies that are similar to the security contact reviews 
     conducted by the Federal Motor Carrier Safety Administration.
                                 ______
                                 
  SA 240. 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:

       At the end, add the following:

     SEC. ___. SURETY BONDS.

       (a) Maximum Bond Amount.--Section 411(a)(1) of the Small 
     Business Investment Act of 1958 (15 U.S.C. 694b(a)(1)) is 
     amended by striking ``(1)'' and all that follows and 
     inserting the following: ``(1)(A) The Administration may, 
     upon such terms and conditions as it may prescribe, guarantee 
     and enter into commitments to guarantee any surety against 
     loss resulting from a breach of the terms of a bid bond, 
     payment bond, performance bond, or bonds ancillary thereto, 
     by a principal on any total work order or contract amount at 
     the time of bond execution that does not exceed $5,000,000.
       ``(B) The Administrator may guarantee a surety under 
     subparagraph (A) for a total work order or contract amount 
     that does not exceed $10,000,000, if a contracting officer of 
     a Federal agency certifies that such a guarantee is 
     necessary.''.
       (b) Denial of Liability.--Section 411 of the Small Business 
     Investment Act of 1958 (15 U.S.C. 694b) is amended--
       (1) by striking subsection (e) and inserting the following:
       ``(e) Reimbursement of Surety; Conditions.--Pursuant to any 
     such guarantee or agreement, the Administration shall 
     reimburse the surety, as provided in subsection (c) of this 
     section, except that the Administration shall be relieved of 
     liability (in whole or in part within the discretion of the 
     Administration) if--
       ``(1) the surety obtained such guarantee or agreement, or 
     applied for such reimbursement, by fraud or material 
     misrepresentation;
       ``(2) the total contract amount at the time of execution of 
     the bond or bonds exceeds $5,000,000;
       ``(3) the surety has breached a material term or condition 
     of such guarantee agreement; or
       ``(4) the surety has substantially violated the regulations 
     promulgated by the Administration pursuant to subsection 
     (d).'';
       (2) by striking subsection (k); and
       (3) by adding after subsection (i) the following:
       ``(j) Denial of Liability.--For bonds made or executed with 
     the prior approval of the Administration, the Administration 
     shall not deny liability to a surety based upon material 
     information that was provided as part of the guaranty 
     application.''.
       (c) Size Standards.--Section 410 of the Small Business 
     Investment Act of 1958 (15 U.S.C. 694a) is amended--
       (1) by striking paragraph (9); and
       (2) adding after paragraph (8) the following:
       ``(9) Notwithstanding any other provision of law or any 
     rule, regulation, or order of the Administration, for 
     purposes of sections 410, 411, and 412 the term `small 
     business concern' means a business concern that meets the 
     size standard for the primary industry in which such business 
     concern, and the affiliates of such business concern, is 
     engaged, as determined by the Administrator in accordance 
     with the North American Industry Classification System.''.
                                 ______
                                 
  SA 241. Mr. RISCH (for himself 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, add the following:

     SEC. __. NATIONAL PRIMARY DRINKING WATER REGULATIONS.

       (a) Definitions.--In this section:
       (1) Administrator.--The term ``Administrator'' means the 
     Administrator of the Environmental Protection Agency.
       (2) Small system.--The term ``small system'' means a public 
     water system (as defined in section 1401 of the Safe Drinking 
     Water Act (42 U.S.C. 300f)) that serves not more than 10,000 
     individuals.
       (b) Suspension of Enforcement.--
       (1) In general.--Notwithstanding any other provision of 
     law, subject to paragraph (2), none of the funds made 
     available by this or any other Act may be used for the 
     enforcement of national primary drinking water regulations 
     promulgated under the Safe Drinking Water Act (42 U.S.C. 300f 
     et seq.) until such date as the Administrator--
       (A) implements a program to provide to small systems 
     subject to those regulations, using the authority available 
     to the Administrator under that Act, financial and technical 
     assistance for use in complying with those regulations; and
       (B) ensures that sufficient funds have been made available 
     under this section to assist each small system in meeting 
     requirements under those regulations.
       (2) Continued suspension.--If, after the date described in 
     paragraph (1), a small system certifies to the Administrator 
     that the small system lacks funds necessary to comply with 
     the regulations referred to in paragraph (1) for a fiscal 
     year, the Administrator shall suspend enforcement of the 
     regulations (including any action to assess or collect a fine 
     under the regulations) with respect to the small system for 
     the fiscal year.
                                 ______
                                 
  SA 242. Mr. UDALL of Colorado (for himself, Ms. Collins, Mr. Schumer, 
Mr. Lieberman, Mr. Leahy, Mr. Sanders, Mr. Reed, Mr. Whitehouse, Mr. 
Nelson of Florida, Mrs. Boxer, and Mr. Reid) 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--SMALL BUSINESS LENDING ENHANCEMENT

     SEC. 601. SHORT TITLE; DEFINITIONS.

       (a) Short Title.--This title may be cited as the ``Small 
     Business Lending Enhancement Act of 2011''.
       (b) Definitions.--In this title--
       (1) the term ``Board'' means the National Credit Union 
     Administration Board;
       (2) the term ``insured credit union'' has the same meaning 
     as in section 101 of the Federal Credit Union Act (12 U.S.C. 
     1752);
       (3) the term ``member business loan'' has the same meaning 
     as in section 107A(c)(1) of the Federal Credit Union Act (12 
     U.S.C. 1757a(c)(1));
       (4) the term ``net worth'' has the same meaning as in 
     section 107A(c)(2) of the Federal Credit Union Act (12 U.S.C. 
     1757a(c)(2)); and
       (5) the term ``well capitalized'' has the meaning given 
     that term in section 216(c)(1)(A) of the Federal Credit Union 
     Act (12 U.S.C. 1709d(c)(1)(A)).

     SEC. 602. LIMITS ON MEMBER BUSINESS LOANS.

       Effective 6 months after the date of enactment of this 
     title, section 107A(a) of the Federal Credit Union Act (12 
     U.S.C. 1757a(a)) is amended to read as follows:
       ``(a) Limitation.--
       ``(1) In general.--Except as provided in paragraph (2), an 
     insured credit union may not make any member business loan 
     that would result in the total amount of such loans 
     outstanding at that credit union at any one time to be equal 
     to more than the lesser of--
       ``(A) 1.75 times the actual net worth of the credit union; 
     or
       ``(B) 12.25 percent of the total assets of the credit 
     union.
       ``(2) Additional authority.--The Board may approve an 
     application by an insured credit union upon a finding that 
     the credit union meets the criteria under this paragraph to 
     make 1 or more member business loans that would result in a 
     total amount of such loans outstanding at any one time of not 
     more than 27.5 percent of the total assets of the credit 
     union, if the credit union--
       ``(A) had member business loans outstanding at the end of 
     each of the 4 consecutive quarters immediately preceding the 
     date of the application, in a total amount of not less than 
     80 percent of the applicable limitation under paragraph (1);
       ``(B) is well capitalized, as defined in section 
     216(c)(1)(A);
       ``(C) can demonstrate at least 5 years of experience of 
     sound underwriting and servicing of member business loans;
       ``(D) has the requisite policies and experience in managing 
     member business loans; and
       ``(E) has satisfied other standards that the Board 
     determines are necessary to maintain the safety and soundness 
     of the insured credit union.
       ``(3) Effect of not being well capitalized.--An insured 
     credit union that has made member business loans under an 
     authorization under paragraph (2) and that is not, as of its 
     most recent quarterly call report, well capitalized, may not 
     make any member business loans, until such time as the credit 
     union becomes well capitalized (as defined in section 
     216(c)(1)(A)), as reflected in a subsequent quarterly call 
     report, and obtains the approval of the Board.''.

     SEC. 603. IMPLEMENTATION.

       (a) Tiered Approval Process.--The National Credit Union 
     Administration Board shall develop a tiered approval process,

[[Page 4164]]

     under which an insured credit union gradually increases the 
     amount of member business lending in a manner that is 
     consistent with safe and sound operations, subject to the 
     limits established under section 107A(a)(2) of the Federal 
     Credit Union Act (as amended by this title). The rate of 
     increase under the process established under this paragraph 
     may not exceed 30 percent per year.
       (b) Rulemaking Required.--The Board shall issue proposed 
     rules, not later than 6 months after the date of enactment of 
     this Act, to establish the tiered approval process required 
     under subsection (a). The tiered approval process shall 
     establish standards designed to ensure that the new business 
     lending capacity authorized under the amendment made by 
     section 2 is being used only by insured credit unions that 
     are well-managed and well capitalized, as required by the 
     amendments made under section 2, and as defined by the rules 
     issued by the Board under this subsection.
       (c) Considerations.--In issuing rules required under this 
     section, the Board shall consider--
       (1) the experience level of the institutions, including a 
     demonstrated history of sound member business lending;
       (2) the criteria under section 107A(a)(2) of the Federal 
     Credit Union Act, as amended by this title; and
       (3) such other factors as the Board determines necessary or 
     appropriate.

     SEC. 604. REPORTS TO CONGRESS ON MEMBER BUSINESS LENDING.

       (a) Report of the Board.--
       (1) In general.--Not later than 3 years after the date of 
     enactment of this Act, the Board shall submit a report to 
     Congress on member business lending by insured credit unions.
       (2) Report.--The report required under paragraph (1) shall 
     include--
       (A) the types and asset size of insured credit unions 
     making member business loans and the member business loan 
     limitations applicable to the insured credit unions;
       (B) the overall amount and average size of member business 
     loans by each insured credit union;
       (C) the ratio of member business loans by insured credit 
     unions to total assets and net worth;
       (D) the performance of the member business loans, including 
     delinquencies and net charge offs;
       (E) the effect of this title and the amendments made by 
     this title on the number of insured credit unions engaged in 
     member business lending, any change in the amount of member 
     business lending, and the extent to which any increase is 
     attributed to the change in the limitation in section 107A(a) 
     of the Federal Credit Union Act, as amended by this title;
       (F) the number, types, and asset size of insured credit 
     unions that were denied or approved by the Board for 
     increased member business loans under section 107A(a)(2) of 
     the Federal Credit Union Act, as amended by this title, 
     including denials and approvals under the tiered approval 
     process;
       (G) the types and sizes of businesses that receive member 
     business loans, the duration of the credit union membership 
     of the businesses at the time of the loan, the types of 
     collateral used to secure member business loans, and the 
     income level of members receiving member business loans; and
       (H) the effect of any increases in member business loans on 
     the risk to the National Credit Union Share Insurance Fund 
     and the assessments on insured credit unions.
       (b) GAO Study and Report.--
       (1) Study.--The Comptroller General of the United States 
     shall conduct a study on the status of member business 
     lending by insured credit unions, including--
       (A) trends in such lending;
       (B) types and amounts of member business loans;
       (C) the effectiveness of this section in enhancing small 
     business lending;
       (D) recommendations for legislative action, if any, with 
     respect to such lending; and
       (E) any other information that the Comptroller General 
     considers relevant with respect to such lending.
       (2) Report.--Not later than 3 years after the date of 
     enactment of this Act, the Comptroller General shall submit a 
     report to Congress on the study required by paragraph (1).
                                 ______
                                 
  SA 243. Ms. KLOBUCHAR (for herself and Mr. Brown of Massachusetts) 
submitted an amendment intended to be proposed by her to the bill S. 
493, to reauthorize and improve the SBIR and STTR programs, and for 
other purposes; which was ordered to lie on the table; as follows:

       On page 73, at the end, add the following:

     SEC. 209. INNOVATIVE TECHNOLOGY DEVELOPMENT LOAN GUARANTEE 
                   PROGRAM.

       (a) Definitions.--In this section:
       (1) Clean technology.--The term ``clean technology'' 
     means--
       (A) technology that improves energy efficiency, including--
       (i) technologies to reduce energy consumption;
       (ii) energy-efficient building technologies and 
     applications; and
       (iii) efficient electricity transmission, distribution, and 
     electrical grid-based storage;
       (B) technology relating to energy storage;
       (C) fuel cells and batteries; and
       (D) component technologies for electric vehicles.
       (2) Renewable energy.--The term ``renewable energy'' means 
     energy generated from any of the following:
       (A) Solar, wind, geothermal, or ocean based sources.
       (B) Biomass, biofuels, or feedstock.
       (C) Landfill gas.
       (D) Municipal solid waste.
       (E) Incremental hydropower.
       (F) Hydropower that has been certified by the Low Impact 
     Hydropower Institute
       (3) Small- or medium-size high growth technology company.--
     The term ``small- or medium-sized high growth technology 
     company'' means a small business concern that primarily 
     engages in commerce in 1 or more of the following industries:
       (A) Life sciences.
       (B) Medical devices.
       (C) Computer hardware.
       (D) Computer software.
       (E) Clean technology.
       (F) Renewable energy generation and manufacturing.
       (G) Such other industries as the Secretary considers 
     appropriate.
       (4) Secretary.--Except as otherwise provided, the term 
     ``Secretary'' means the Secretary of Commerce.
       (5) Small business concern.--The term ``small business 
     concern'' has the meaning given that term under section 3(a) 
     of the Small Business Act (15 U.S.C. 632(a)).
       (b) Establishment of Innovative Product Loan Guarantee 
     Program.--
       (1) Establishment.--The Secretary shall establish a loan 
     guarantee program to help small- and medium-sized high growth 
     technology companies who the Secretary determines--
       (A) are operating in a phase of the business life cycle in 
     which technological, market, or regulatory uncertainty 
     constrains the amount of capital available from lenders and 
     equity investors to such companies during such phase; and
       (B) are unable to progress to the next phase of the 
     business life cycle because of such constraints on the 
     availability of capital.
       (2) Designation.--The loan guarantee program established 
     under paragraph (1) shall be known as the ``Innovative 
     Technology Development Loan Guarantee Program''.
       (c) General Authority.--
       (1) In general.--The Secretary may, under the program 
     established pursuant to subsection (b)(1), guarantee the full 
     or partial repayment of a loan that meets the requirements of 
     this section.
       (2) Guarantee percentage.--For a loan guaranteed under the 
     program established pursuant to subsection (b)(1), the 
     Secretary may guarantee such percentage of such loan as the 
     Secretary considers appropriate, except that such percentage 
     shall be not less than 50 percent and not more than 90 
     percent.
       (d) Loan Requirements.--A loan referred to in subsection 
     (c) meets the requirements of this section if each of the 
     following requirements is met:
       (1) Purpose.--The loan is for--
       (A) fixed assets relating to reequipping, expanding, or 
     establishing a facility the Secretary considers necessary for 
     the loan recipient to enter the next phase of the business 
     life cycle; or
       (B) providing the loan recipient with working capital the 
     Secretary considers necessary for the loan recipient to enter 
     the next phase of the business life cycle.
       (2) Interest rate.--The interest rate for the loan does not 
     exceed such maximum rate as the Secretary considers 
     appropriate.
       (3) Terms and conditions.--The loan has such terms and 
     conditions as the Secretary considers commercially reasonable 
     and consistent with prevailing market standards.
       (4) Pre-qualified lenders.--The loan is offered by a lender 
     who has been pre-qualified under subsection (e).
       (e) Pre-qualification of Lenders.--The Secretary shall pre-
     qualify lenders who--
       (1) are nongovernmental entities who specialize in 
     providing financing to high growth technology companies; and
       (2) the Secretary determines will expedite the loan process 
     and are competent to carry out credit underwriting, loan 
     origination, loan documentation, loan administration, and 
     loan servicing under the program established pursuant to 
     subsection (b)(1).
       (f) Syndication.--A lender offering a loan that is 
     guaranteed under the program established pursuant to 
     subsection (b)(1) shall agree not to syndicate or assign the 
     loan unless--
       (1) the loan is syndicated or assigned to a third party 
     financial institution that the Secretary considers qualified;
       (2) the lender retains a pre-specified portion of the 
     unguaranteed credit risk; and
       (3) the lender continues to perform as the servicing and 
     administrative agent for the loan.
       (g) Default.--Notwithstanding any other provision of law, 
     in the case of a default on a loan guaranteed under this 
     section, the lender shall have the right of first refusal to 
     serve as workout and collection agent for

[[Page 4165]]

     purposes of such default and under such terms as the 
     Secretary considers appropriate.
       (h) Fees.--The Secretary may establish such fees as the 
     Secretary considers necessary to cover the costs of 
     administering the program established under subsection 
     (b)(1).
       (i) Innovative Technology Development Fund.--
       (1) In general.--There is established in the Treasury of 
     the United States a revolving fund known as the ``Innovative 
     Technology Development Fund'' (in this subsection referred to 
     as the ``Fund'').
       (2) Elements.--There shall be deposited in the fund the 
     following, which shall constitute the assets of the Fund:
       (A) Amounts paid into the Fund under any provision of law 
     or regulation established by the Secretary imposing fees 
     under subsection (h).
       (B) All other amounts received by the Secretary incident to 
     operations relating to the loan guarantee program established 
     under subsection (b)(1).
       (3) Use of funds.--The Fund shall be available to the 
     Secretary, without fiscal year limitation, to carry out the 
     provisions of this section.
       (j) Authorization of Appropriations.--There is authorized 
     to be appropriated to the Secretary to carry out this section 
     $200,000,000 for fiscal year 2011.

     SEC. 210. INTERNET WEBSITE PROMOTING COMMERCIALIZATION OF 
                   TECHNOLOGY IDEAS INVENTED BY FEDERALLY FUNDED 
                   RESEARCHERS.

       (a) In General.--Not later than 1 year after the date of 
     the enactment of this Act, the Secretary of Commerce shall, 
     acting through the Director of the National Institute for 
     Standards and Technology, establish and maintain an Internet 
     website that connects Federally funded researchers who have 
     ideas for technologies that they believe could be 
     commercialized with persons who express interest in working 
     with Federally-funded researchers on the commercialization of 
     their technologies.
       (b) Participation Optional.--Participation of a Federally-
     funded researcher in the Internet website required by 
     subsection (a) shall be optional.
       (c) Report.--
       (1) In general.--Not later than 2 years after the 
     establishment of the Internet website required by subsection 
     (a), the Secretary shall submit to Congress a report on such 
     Internet website.
       (2) Elements.--The report required by paragraph (1) shall 
     include the following:
       (A) The status of the Internet website required by 
     subsection (a).
       (B) An assessment of such Internet website.
       (C) Such recommendations as the Secretary may have for 
     improvements to the Internet website and any additional 
     funding or legislative action as the Secretary considers 
     necessary to implement such improvements.
       (d) Authorization of Appropriations.--There is authorized 
     to be appropriated to the Secretary of Commerce to carry out 
     this section $1,000,000 for each of the fiscal years 2011 
     through 2015. Amounts appropriated under this subsection 
     shall remain available until expended.

     SEC. 211. LIMITATION ON GOVERNMENT PRINTING COSTS.

       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 Federal departments and 
     independent agencies to--
       (1) determine which Government publications could be 
     available on Government Internet websites and no longer 
     printed and to devise a strategy to reduce overall Government 
     printing costs over the 10-year period beginning with fiscal 
     year 2011, except that the Director shall ensure that 
     essential printed documents prepared for social security 
     recipients, medicare beneficiaries, and other populations in 
     areas with limited Internet access or use continue to remain 
     available;
       (2) establish government-wide Federal guidelines on 
     employee printing; and
       (3) issue on the Office of Management and Budget's public 
     Internet website the results of a cost-benefit analysis on 
     implementing a digital signature system and on establishing 
     employee printing identification systems, such as the use of 
     individual employee cards or codes, to monitor the amount of 
     printing done by Federal employees; except that the Director 
     of the Office of Management and Budget shall ensure that 
     Federal employee printing costs unrelated to national 
     defense, homeland security, border security, national 
     disasters, and other emergencies do not exceed $860,000,000 
     annually.

                          ____________________