[Congressional Record (Bound Edition), Volume 157 (2011), Part 4]
[Senate]
[Pages 4667-4671]
[From the U.S. Government Publishing Office, www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 268. 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 38, strike lines 7 and 8 and insert the following:
       (ee) owned and controlled by service-disabled veterans, 
     veterans recently separated, discharged, or released from 
     service in the Armed Forces, or members of a reserve 
     component of the Armed Forces;
                                 ______
                                 
  SA 269. Mrs. McCASKILL 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. 504. 8(A) PROGRAM.

       (a) Amendment to Definition of Indian Tribe.--Section 
     8(a)(13) of the Small Business Act (15 U.S.C. 637(a)(13)) is 
     amended--
       (1) by redesignating subparagraphs (A) and (B) as clauses 
     (i) and (ii), respectively, and adjusting the margins 
     accordingly;
       (2) by striking ``the term `Indian tribe' means'' and 
     inserting the following: ``the term `Indian tribe'--
       ``(A) means'';
       (3) by striking ``, including any Alaska Native village or 
     regional or village corporation (within the meaning of the 
     Alaska Native Claims Settlement Act)'';
       (4) in subparagraph (A)(i), as so designated, by striking 
     ``, or'' and inserting ``; or'';
       (5) by striking the period at the end and inserting ``; 
     and''; and
       (6) by adding at the end the following:
       ``(B) does not include an Alaska Native Corporation or 
     Alaska Native Village.''.

[[Page 4668]]

       (b) Social and Economic Disadvantage.--
       (1) In general.--Section 29(e) of the Alaska Native Claims 
     Settlement Act (43 U.S.C. 1626(e)) is amended--
       (A) in paragraph (1), by striking ``For all purposes of'' 
     and inserting ``Except as provided in paragraph (5), for all 
     purposes of'';
       (B) in paragraph (2), by striking ``For all purposes of'' 
     and inserting ``Except as provided in paragraph (5), for all 
     purposes of''; and
       (C) by adding at the end the following:
       ``(5) For purposes of sections 7(j)(10) and 8(a) of the 
     Small Business Act (15 U.S.C. 636(j)(10) and 637(a)), whether 
     a Native Corporation or Native village or a direct and 
     indirect subsidiary corporation, joint venture, or 
     partnership of a Native Corporation or Native village is 
     socially or economically disadvantaged shall be determined in 
     accordance with paragraph (5) or (6), respectively, of 
     section 8(a) of the Small Business Act.''.
       (2) Standards.--Section 8(a) of the Small Business Act (15 
     U.S.C. 637(a)) is amended--
       (A) in paragraph (4)--
       (i) in subparagraph (A)--

       (I) in clause (i)--

       (aa) in subclause (II), by striking ``or'' at the end; and
       (bb) by adding at the end the following:
       ``(IV) a socially and economically disadvantaged Alaska 
     Native Corporation or Alaska Native Village, or''; and

       (II) in clause (ii)--

       (aa) in subclause (II), by striking ``or'' at the end;
       (bb) in subclause (III), by striking the period at the end 
     and inserting ``, or''; and
       (cc) by adding at the end the following:
       ``(IV) a socially and economically disadvantaged Alaska 
     Native Corporation or Alaska Native Village.'';
       (ii) in subparagraph (B)--

       (I) in clause (ii), by striking ``or'' at the end;
       (II) in clause (iii), by striking the period at the end and 
     inserting ``, or''; and
       (III) by adding at the end the following:

       ``(iv) members of a socially and economically disadvantaged 
     Alaska Native Corporation or Alaska Native Village described 
     in subparagraph (A)(i)(IV) or subparagraph (A)(ii)(IV).''; 
     and
       (iii) by adding at the end the following:
       ``(D) The Administrator may not waive the requirement under 
     this paragraph that the management and daily business 
     operations of a business concern participating in the program 
     under this subsection are controlled by one or more socially 
     and economically disadvantaged individuals for a business 
     concern owned by an Alaska Native Corporation or Alaska 
     Native Village.'';
       (B) in paragraph (5)--
       (i) by inserting ``(A)'' after ``(5)''; and
       (ii) by adding at the end the following:
       ``(B) For purposes of this subsection and section 7(j)(10), 
     the Administrator shall determine whether an Alaska Native 
     Corporation or Alaska Native Village is, as an entity, 
     socially disadvantaged in accordance with the factors 
     described in subparagraph (A).''; and
       (C) in paragraph (6), by adding at the end the following:
       ``(F) For purposes of this subsection and section 7(j)(10), 
     the Administrator shall annually determine whether an Alaska 
     Native Corporation or Alaska Native Village is economically 
     disadvantaged in the same manner as for an applicant for or 
     participant in the program under this subsection that is a 
     Native Hawaiian organization.''.
       (c) Affiliation.--Section 7(j)(10)(J)(ii)(II) of the Small 
     Business Act (15 U.S.C. 636(j)(10)(J)(ii)(II)) is amended by 
     inserting ``, as defined in section 8(a)(13)'' after ``Indian 
     tribe''.
       (d) Sole Source Contracting Dollar Limits.--
       (1) Competitive thresholds.--Not later than 270 days after 
     the date of enactment of this Act, the Administrator shall 
     amend the regulations issued under sections 7(j)(10) and 8(a) 
     of the Small Business Act (15 U.S.C. 636(j)(10) and 637(a)) 
     in accordance with this section and the amendments made by 
     this section to apply to small business concerns owned by an 
     Alaska Native Corporation or Alaska Native Village the 
     competitive thresholds for awarding sole source contracts 
     under section 8(a)(1)(D) of the Small Business Act (15 U.S.C. 
     637(a)(1)(D)) that are applicable to small business concerns 
     that are owned by a socially and economically disadvantaged 
     individual.
       (2) Maximum total dollar amount.--Section 8(a)(1)(D) of the 
     Small Business Act (15 U.S.C. 637(a)(1)(D)) is amended by 
     adding at the end the following:
       ``(iii) For purposes of eligibility for the award of a 
     contract on the basis of restricted competition under this 
     subparagraph, the Administrator may not establish a maximum 
     total dollar amount of such awards during the period of 
     Program Participation for participants that are owned by an 
     Alaska Native Corporation or Alaska Native Village that is 
     different from the amount for Program Participants that are 
     owned by a socially and economically disadvantaged 
     individual.''.
       (e) One Time Eligibility.--Section 7(j)(11)(B)(iii) of the 
     Small Business Act (15 U.S.C. 636(j)(11)(B)(iii)) is amended 
     in the matter preceding subclause (I) by inserting ``(as 
     defined in section 8(a)(13))'' after ``Indian tribe''.
       (f) Graduation.--
       (1) In general.--Section 7(j)(15) of the Small Business Act 
     (15 U.S.C. 636(j)(15)) is amended--
       (A) by redesignating subparagraphs (A) and (B) as clauses 
     (i) and (ii), respectively;
       (B) by inserting ``(A)'' after ``(15)''; and
       (C) by adding at the end the following:
       ``(B) The Administrator may not extend or waive the time 
     limitations under this paragraph for a business concern owned 
     by an Alaska Native Corporation or Alaska Native Village.''.
       (2) Technical and conforming amendments.--The Small 
     Business Act (15 U.S.C. 631 et seq.) is amended--
       (A) in section 7(j) (15 U.S.C. 636(j))--
       (i) in paragraph (10)(E)(ii), by striking ``paragraph 
     (15)'' and inserting ``paragraph (15)(A)''; and
       (ii) in paragraph (11)(D), by striking ``paragraph (15)'' 
     and inserting ``paragraph (15)(A)''; and
       (B) in section 8(a)(1)(C) (15 U.S.C. 637(a)(1)(C)), in the 
     matter preceding clause (i), by striking ``section 7(j)(15)'' 
     and inserting ``section 7(j)(15)(A)''.
       (g) Reporting.--Section 8(a)(6)(B) of the Small Business 
     Act (15 U.S.C. 637(a)(6)(B)) is amended--
       (1) by redesignating clauses (i), (ii), and (iii) as 
     subclauses (I), (II), and (III), respectively;
       (2) by inserting ``(i)'' after ``(B)''; and
       (3) by adding at the end the following:
       ``(ii) The annual report submitted under clause (i) by a 
     Program Participant that is an Alaska Native Corporation or 
     Alaska Native Village shall include, for the period addressed 
     by the report--
       ``(I) the total revenue of the Alaska Native Corporation or 
     Alaska Native Village;
       ``(II) the revenue of the Alaska Native Corporation or 
     Alaska Native Village attributable to the participation of 
     the Alaska Native Corporation or Alaska Native Village in the 
     program under this subsection; and
       ``(III) the total amount of benefits paid to shareholders 
     of the Alaska Native Corporation or Alaska Native Village.''.
       (h) Regulations.--Not later than 270 days after the date of 
     enactment of this Act, the Administrator shall amend the 
     regulations issued under sections 7(j)(10) and 8(a) of the 
     Small Business Act (15 U.S.C. 636(j)(10) and 637(a)) in 
     accordance with this section and the amendments made by this 
     section, which shall include--
       (1) establishing criteria for determining whether an Alaska 
     Native Corporation or Alaska Native Village is, as a group, 
     socially disadvantaged, in accordance with the factors 
     described in section 8(a)(5)(A) of the Small Business Act, as 
     so designated by this section;
       (2) establishing criteria for determining whether an Alaska 
     Native Corporation, Alaska Native Village, or Native Hawaiian 
     Organization is economically disadvantaged;
       (3) repealing the provision that excludes certain 
     affiliates of an Alaska Native Corporation or Alaska Native 
     Village in determining whether a business is a small business 
     concern;
       (4) repealing the waiver for Alaska Native Corporations and 
     Alaska Native Villages of the requirement that the management 
     and daily business operations of a business concern 
     participating in the program under section 8(a) of the Small 
     Business Act (15 U.S.C. 637(a)) are controlled by one or more 
     socially and economically disadvantaged individuals;
       (5) applying to small business concerns owned by an Alaska 
     Native Corporation or Alaska Native Village the limitation on 
     eligibility for a sole source award under section 8(a)(1)(D) 
     of the Small Business Act (15 U.S.C. 637(a)(1)(D)) based on 
     the maximum total amount of competitive and sole source 
     awards under such section 8(a) that are applicable to small 
     business concerns that are owned by a socially and 
     economically disadvantaged individual;
       (6) prohibiting a single Alaska Native Corporation or 
     Alaska Native Village from conferring eligibility to 
     participate in the program under section 8(a) of the Small 
     Business Act (15 U.S.C. 637(a)) on more than 1 small business 
     concern at any one time; and
       (7) applying to small business concerns owned by an Alaska 
     Native Corporation or Alaska Native Village the limitation on 
     ownership of other firms participating in the program under 
     section 8(a) of the Small Business Act (15 U.S.C. 637(a)) 
     that is applicable to small business concerns that are owned 
     by a socially and economically disadvantaged individual.
       (i) Definitions.--In this section--
       (1) the terms ``Alaska Native Corporation'' and ``Alaska 
     Native Village'' have the meanings given those terms in 
     section 3(p)(6) of the Small Business Act (15 U.S.C. 
     632(p)(6)); and
       (2) the term ``Native Hawaiian Organization'' has the 
     meaning given that term in section 8(a)(15) of the Small 
     Business Act (15 U.S.C. 637(a)(15)).
                                 ______
                                 
  SA 270. Mr. ENZI 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:


[[Page 4669]]

       At the end, add the following:

     SEC. ___. TEAMING ARRANGEMENTS AND AGENCY CONTRACTING GOALS.

       Section 15(g) of the Small Business Act (15 U.S.C. 644(g)) 
     is amended by adding at the end the following:
       ``(3) Teaming arrangements and agency contracting goals.--
       ``(A) Definitions.--In this paragraph--
       ``(i) the term `covered small business concern' means--

       ``(I) a small business concern owned and controlled by 
     service-disabled veterans;
       ``(II) a small business concern owned and controlled by 
     socially and economically disadvantaged individuals, as 
     defined in section 8(d)(3)(C);
       ``(III) a small business concern owned and controlled by 
     women, as defined in section 8(d)(3)(D); or
       ``(IV) a qualified HUBZone small business concern; and

       ``(ii) the term `teaming arrangement entity' means a prime 
     contractor under a contractor team arrangement, as defined in 
     section 9.601 of the Federal Acquisition Regulation, as in 
     effect on October 1, 2009.
       ``(B) Contracting goals.--If a covered small business 
     concern performs the obligations of a teaming arrangement 
     entity under a contract between the teaming arrangement 
     entity and a Federal agency, the head of the Federal agency 
     may deem the contract to be a contract awarded to the covered 
     small business concern for purposes of determining whether 
     the Federal agency has met the goals established by the head 
     of the Federal agency under paragraph (2).''.
                                 ______
                                 
  SA 271. 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 follows:

       At the end, add the following:

     SEC. __. IDENTIFICATION OF QUALIFIED CENSUS TRACTS BY THE 
                   SECRETARY OF HOUSING AND URBAN DEVELOPMENT.

       (a) Designation of Qualified Census Tracts.--Not later than 
     2 weeks after the date on which the Secretary of Housing and 
     Urban Development receives from the Census Bureau the data 
     obtained from each decennial census relating to census 
     tracts, the Secretary of Housing and Urban Development shall 
     identify census tracts that meet the requirements of section 
     42(d)(5)(B)(ii) of the Internal Revenue Code of 1986 
     (determined without regard to Secretarial designation) and 
     shall deem such census tracts to be qualified census tracts 
     (as defined in such section) solely for purposes of 
     determining which areas qualify as HUBZones under section 
     3(p)(1)(A) of the Small Business Act (15 U.S.C. 
     632(p)(1)(A)).
       (b) Determination by Administrator.--Not later than 3 
     months after the date on which the Secretary of Housing and 
     Urban Development identifies qualified census tracts under 
     subsection (a), the Administrator shall determine which areas 
     qualify as HUBZones under section 3(p)(1)(A) of the Small 
     Business Act (15 U.S.C. 632(p)(1)(A)).
       (c) Applications for Certification as Qualified HUBZone 
     Small Business Concern.--
       (1) Application.--During a period beginning on a date on 
     which the Secretary of Housing and Urban Development 
     identifies qualified census tracts under subsection (a) and 
     ending on the date the Administrator determines which areas 
     qualify as HUBZones, a small business concern located in an 
     area identified as a qualified census tract under subsection 
     (a) may submit to the Administrator an application for 
     certification as a qualified HUBZone small business concern.
       (2) Certification.--The Administrator may not certify a 
     small business concern that submits an application under 
     paragraph (1) as a qualified HUBZone small business concern 
     before the date on which the Administrator determines which 
     areas qualify as HUBZones.
       (d) Rule of Construction.--Nothing in this section may be 
     construed to affect the date on which a census tract is 
     designated as a qualified census tract for purposes of 
     section 42 of the Internal Revenue Code of 1986.
                                 ______
                                 
  SA 272. 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 follows:

       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 and manufacturing in the United States new 
     commercial products and processes resulting from such 
     projects.'';
       On page 78, line 2, strike ``or''.
       On page 78, line 4, strike ``and'' and insert ``or''.
       On page 78, between lines 4 and 5, insert the following:
       ``(viii)(I) has a product, process, technology, or service 
     that received funding under the SBIR program of the Federal 
     agency and that is produced or delivered for sale to or use 
     by the Federal Government or commercial markets; and
       ``(II) for each product, process, technology, or service 
     described in subclause (I), is testing or producing the 
     product, process, technology, or service in the United 
     States; and
       On page 80, line 5, strike ``or''.
       On page 80, line 15, strike ``and'' and insert ``or''.
       On page 80, between lines 15 and 16, insert the following:
       ``(viii)(I) has a product, process, technology, or service 
     that received funding under the STTR program of the Federal 
     agency and that is produced or delivered for sale to or use 
     by the Federal Government or commercial markets; and
       ``(II) for each product, process, technology, or service 
     described in subclause (I), is testing or producing the 
     product, process, technology, or service in the United 
     States; and
       On page 81, line 24, strike ``or''.
       On page 82, strike line 5 and insert the following:

     (20 U.S.C. 1001); or
       ``(vi)(I) has a product, process, technology, or service 
     that received funding under the SBIR or STTR program of the 
     Federal agency and that is produced or delivered for sale to 
     or use by the Federal Government or commercial markets; and
       ``(II) for each product, process, technology, or service 
     described in subclause (I), is testing or producing the 
     product, process, technology, or service in the United 
     States.''.
       On page 83, line 15, strike ``and''.
       On page 83, strike line 22 and insert the following:

     program; and
       ``(ix) whether the small business concern--

       ``(I) has a product, process, technology, or service that 
     received funding under the SBIR or STTR program of a Federal 
     agency and that is produced or delivered for sale to or use 
     by the Federal Government or commercial markets; and
       ``(II) for each product, process, technology, or service 
     described in subclause (I), is testing or producing the 
     product, process, technology, or service in the United 
     States;'';

       On page 90, line 10, strike ``and''.
       On page 90, strike line 13 and insert the following:

     STTR program of the agency; and
       ``(D) estimate, to the extent practicable, the amount of 
     production and manufacturing in the United States that 
     resulted from awards under the SBIR program or STTR program 
     of the agency; and
       ``(E) make recommendations, if any, for changes to the SBIR 
     program or STTR program of the agency that would increase 
     production and manufacturing 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, and manufacturing in the United States; and
       On page 115, line 8, insert after ``programs'' the 
     following: ``, including the impact on production and 
     manufacturing in the United States''.
       At the end, add the following:

     SEC. 504. REQUIREMENT TO PERFORM RESEARCH AND RESEARCH AND 
                   DEVELOPMENT WORK IN THE UNITED STATES.

       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) Requirement to Perform Research and Research and 
     Development Work in the United States.--
       ``(1) In general.--Except as provided in paragraph (2), a 
     small business concern that receives a Phase I or Phase II 
     award under an SBIR program or STTR program (including an 
     award under a pilot program under subsection (ff)) shall 
     perform or obtain the research or research and development 
     work required under the award in the United States.
       ``(2) Exception.--A Federal agency that makes an award 
     under the SBIR program or STTR program may approve a specific 
     portion of research or research and development work under 
     the award to be performed or obtained outside the United 
     States if--
       ``(A) a rare or unique circumstance, including a supply, 
     material, or other item that is not available in the United 
     States, requires the portion of the work to be performed or 
     obtained outside the United States; and
       ``(B) the Federal agency makes the approval in writing.''.

[[Page 4670]]


                                 ______
                                 
  SA 273. Mr. COBURN (for himself and Mr. Warner) 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) and apply the savings 
     towards deficit reduction;
       (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 
     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 274. Mr. COBURN submitted an amendment intended to be proposed by 
him to the bill S. 493, to reauthorize and improve the SBIR and STIR 
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 with respect to funds 
     appropriated after Fiscal Year 2010.
       (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 for the purpose of 
     deficit reduction.
       (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 275. Ms. SNOWE (for herself, Mr. Thune, Mr. Rubio, Mr. Moran, Mr. 
Brown of Massachusetts, Mr. Enzi, and Mr. Vitter) 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. 504. USE OF STIMULUS FUNDS TO OFFSET.

       Notwithstanding section 5 of the American Recovery and 
     Reinvestment Act of 2009 (Public Law 111-5; 123 Stat. 116), 
     $150,000,000 is rescinded on a pro rata basis, by account, 
     from unobligated amounts appropriated or made available under 
     division A of the American Recovery and Reinvestment Act of 
     2009 (Public Law 111-5; 123 Stat. 116) (other than under 
     title X of division A of such Act) in order to offset the 
     cost under this Act, and the amendments made by this Act, 
     relating to the SBIR program or the STTR program. The 
     Director of the Office of Management and Budget shall report 
     to each congressional committee the amounts rescinded under 
     this subsection within the jurisdiction of such committee.
                                 ______
                                 
  SA 276. Mr. PAUL 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 ``The President does 
     not have power under the Constitution to unilaterally 
     authorize a military attack in a situation that does not 
     involve stopping an actual or imminent threat to the 
     nation''.
                                 ______
                                 
  SA 277. Ms. STABENOW (for herself and Mr. Brown of Ohio) 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 116, after line 24, add the following:

     SEC. 504. SUSPENSION OF STATIONARY SOURCE GREENHOUSE GAS 
                   REGULATIONS.

       (a) Defined Term.--In this section, the term ``greenhouse 
     gas'' means--
       (1) water vapor;
       (2) carbon dioxide;
       (3) methane;
       (4) nitrous oxide;
       (5) sulfur hexafluoride;
       (6) hydrofluorocarbons;
       (7) perfluorocarbons; and
       (8) any other substance subject to, or proposed to be 
     subject to, any regulation, action, or consideration under 
     the Clean Air Act (42 U.S.C. 7401 et seq.) to address climate 
     change.
       (b) In General.--Except as provided in subsection (d), and 
     notwithstanding any provision of the Clean Air Act (42 U.S.C. 
     7401 et seq.), any requirement, restriction, or limitation 
     under such Act relating to a greenhouse gas that is designed 
     to address climate change, including any permitting 
     requirement or requirement under section 111 of such Act (42 
     U.S.C. 7411), for any source other than a new motor vehicle 
     or a new motor vehicle engine (as described in section 202(a) 
     of such Act (42 U.S.C. 7521(a)), shall not be legally 
     effective during the 2-year period beginning on the date of 
     the enactment of this Act.
       (c) Treatment.--Notwithstanding any other provision of law, 
     any action by the Administrator of the Environmental 
     Protection Agency before the end of the 2-year period 
     described in subsection (b) that causes greenhouse gases to 
     be pollutants subject to regulation under the Clean Air Act 
     (42 U.S.C. 7401 et seq.), except for purposes other than 
     addressing climate change, shall not be legally effective 
     with respect to any source other than a new motor vehicle or 
     a new motor vehicle engine (as described in section 202 of 
     such Act).
       (d) Exceptions.--Subsections (b) and (c) shall not apply 
     to--
       (1) the 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);
       (2) the 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);
       (3) any action relating to the preparation of a report or 
     the enforcement of a reporting requirement; or
       (4) any action relating to the provision of technical 
     support at the request of a State.

     SEC. 505. GREENHOUSE GAS EMISSIONS FROM AGRICULTURAL SOURCES.

       In calculating the emissions or potential emissions of a 
     source or facility, emissions of greenhouse gases that are 
     subject to regulation under title III of the Clean Air Act 
     (42 U.S.C. 7601 et seq.) solely on the basis of the effect of 
     the gases on global climate change shall be excluded if the 
     emissions are from--
       (1) changes in land use;
       (2) the growing of commodities, biomass, fruits, 
     vegetables, or other crops;
       (3) the raising of stock, dairy, poultry, or fur-bearing 
     animals; or
       (4) farms, forests, plantations, ranches, nurseries, 
     ranges, orchards, greenhouses, or other similar structures 
     used primarily for the raising of agricultural or 
     horticultural commodities.

     SEC. 506. EXTENSION OF THE ADVANCED ENERGY PROJECT CREDIT.

       (a) In General.--Subsection (d) of section 48C of the 
     Internal Revenue Code of 1986 is amended by adding at the end 
     the following new paragraph:
       ``(6) Additional 2011 allocations.--
       ``(A) In general.--Not later than 180 days after the date 
     of the enactment of this paragraph, the Secretary, in 
     consultation with the Secretary of Energy, shall establish a 
     program to consider and award certifications for qualified 
     investments eligible for credits under this section to 
     qualifying advanced energy project sponsors with respect to 
     applications received on or after the date of the enactment 
     of this paragraph.
       ``(B) Limitation.--The total amount of credits that may be 
     allocated under the program described in subparagraph (A) 
     shall not exceed the 2011 allocation amount reduced by so 
     much of the 2011 allocation amount as is taken into account 
     as an increase in the limitation described in paragraph 
     (1)(B).

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       ``(C) Application of certain rules.--Rules similar to the 
     rules of paragraphs (2), (3), (4), and (5) shall apply for 
     purposes of the program described in subparagraph (A), except 
     that--
       ``(i) Certification.--Applicants shall have 2 years from 
     the date that the Secretary establishes such program to 
     submit applications.
       ``(ii) Selection criteria.--For purposes of paragraph 
     (3)(B)(i), the term `domestic job creation (both direct and 
     indirect)' means the creation of direct jobs in the United 
     States producing the property manufactured at the 
     manufacturing facility described under subsection 
     (c)(1)(A)(i), and the creation of indirect jobs in the 
     manufacturing supply chain for such property in the United 
     States.
       ``(iii) Review and redistribution.--The Secretary shall 
     conduct a separate review and redistribution under paragraph 
     (5) with respect to such program not later than 4 years after 
     the date of the enactment of this paragraph.
       ``(D) 2011 allocation amount.--For purposes of this 
     subsection, the term `2011 allocation amount' means 
     $5,000,000,000.
       ``(E) Direct payments.--In lieu of any qualifying advanced 
     energy project credit which would otherwise be determined 
     under this section with respect to an allocation to a 
     taxpayer under this paragraph, the Secretary shall, upon the 
     election of the taxpayer, make a grant to the taxpayer in the 
     amount of such credit as so determined. Rules similar to the 
     rules of section 50 shall apply with respect to any grant 
     made under this subparagraph.''.
       (b) Portion of 2011 Allocation Allocated Toward Pending 
     Applications Under Original Program.--Subparagraph (B) of 
     section 48C(d)(1) of such Code is amended by inserting 
     ``(increased by so much of the 2011 allocation amount (not in 
     excess of $1,500,000,000) as the Secretary determines 
     necessary to make allocations to qualified investments with 
     respect to which qualifying applications were submitted 
     before the date of the enactment of paragraph (6))'' after 
     ``$2,300,000,000''.
       (c) Conforming Amendment.--Paragraph (2) of section 1324(b) 
     of title 31, United States Code, is amended by inserting 
     ``48C(d)(6)(E),'' after ``36C,''.

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