[Congressional Record (Bound Edition), Volume 157 (2011), Part 6]
[Senate]
[Pages 8948-8958]
[From the U.S. Government Publishing Office, www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 434. Mr. GRASSLEY submitted an amendment intended to be proposed 
by him to the bill S. 782, to amend the Public Works and Economic 
Development Act of 1965 to reauthorize that Act, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 29, after line 20, add the following:

     SEC. 22. PERMANENT REAUTHORIZATION OF E-VERIFY.

       Section 401(b) of the Illegal Immigration Reform and 
     Immigrant Responsibility Act of 1996 (division C of Public 
     Law 104-208; 8 U.S.C. 1324a note) is amended by striking 
     ``Unless the Congress otherwise provides, the Secretary shall 
     terminate a pilot program on September 30, 2012.''.
                                 ______
                                 
  SA 435. Mr. RUBIO submitted an amendment intended to be proposed by 
him to the bill S. 782, to amend the Public Works and Economic 
Development Act of 1965 to reauthorize that Act, and for other 
purposes; which was ordered to lie on the table; as follows.

       On page 29, after line 20, add the following:

     SEC. 22. WATER QUALITY STANDARDS.

       None of the amounts made available by this Act, the 
     amendments made by this Act, or any other provision of law 
     may be used to implement, administer, or enforce the final 
     rule of the Environmental Protection Agency entitled ``Water 
     Quality Standards for the State of Florida's Lakes and 
     Flowing Waters'' (75 Fed. Reg. 75762 (December 6, 2010)).
                                 ______
                                 
  SA 436. Mr. COBURN (for himself and Mrs. Feinstein) submitted an 
amendment intended to be proposed by him to the bill S. 782, to amend 
the Public Works and Economic Development Act of 1965 to reauthorize 
that Act, and for other purposes; as follows.

       Beginning on page 17, strike line 14 and all that follows 
     through page 18, line 10, and insert the following:
       (a) Brightfields Demonstration Program.--Section 218 of the 
     Public Works and Economic Development Act of 1965 (42 U.S.C. 
     3154d) is repealed.
       (b) Termination of Global Climate Change Mitigation 
     Incentive Fund.--Not later than 30 days after the date of 
     enactment of this Act, the Secretary of Commerce shall 
     terminate the Global Climate Change Mitigation Incentive Fund 
     of the Department of Commerce.
                                 ______
                                 
  SA 437. Mr. COBURN submitted an amendment intended to be proposed by 
him to the bill S. 782, to amend the Public Works and Economic 
Development Act of 1965 to reauthorize that Act, and for other 
purposes; which was ordered to lie on the table; as follows.

       Beginning on page 17, strike line 14 and all that follows 
     through page 18, line 10, and insert the following:
       (a) Brightfields Demonstration Program.--Section 218 of the 
     Public Works and Economic Development Act of 1965 (42 U.S.C. 
     3154d) is repealed.
       (b) Authorization of Appropriations.--Section 701(a) of the 
     Public Works and Economic Development Act of 1965 (42 U.S.C. 
     3231(a)) (as amended by section 19) is amended by striking 
     ``$500,000,000'' and inserting ``$150,000,000''.
       (c) Termination of Global Climate Change Mitigation 
     Incentive Fund.--Not later than 30 days after the date of 
     enactment of this Act, the Secretary of Commerce shall 
     terminate the Global Climate Change Mitigation Incentive Fund 
     of the Department of Commerce.
                                 ______
                                 
  SA 438. Mr. INHOFE (for himself, Mr. Blunt, Mr. Johanns, Mr. Cochran, 
Mr. Coats, and Mr. Roberts) submitted an amendment intended to be 
proposed by him to the bill S. 782, to amend the Public Works and 
Economic Development Act of 1965 to reauthorize that Act, and for other 
purposes; as follows:

       At the end, add the following:

                    TITLE II--REGULATORY ASSESSMENT

     SEC. 201. SHORT TITLE.

       This title may be cited as the ``Comprehensive Assessment 
     of Regulations on the Economy Act of 2011''.

     SEC. 202. DEFINITIONS.

       In this title:
       (1) Administrator.--The term ``Administrator'' means the 
     Administrator of the Environmental Protection Agency.
       (2) Committee.--The term ``Committee'' means the Cumulative 
     Regulatory Assessment Committee established by section 
     203(a).

[[Page 8949]]

       (3) Federal regulatory mandate.--The term ``Federal 
     regulatory mandate'' means any regulation, rule, requirement, 
     or interpretative guidance that--
       (A) is promulgated or issued (or is expected to be 
     initiated) by the Administrator or a State or local 
     government during the period beginning on January 1, 2010, 
     and ending on January 1, 2020;
       (B) applies to 1 or more impacted units; and
       (C) implements any provision or requirement relating to--
       (i) interstate or international transport of air pollution 
     under section 110(a)(2)(D), 115, or 126(b) of the Clean Air 
     Act (42 U.S.C. 7410(a)(2)(D), 7415, 7426(b)) with respect to 
     any national ambient air quality standard, including--

       (I) any standard that has been promulgated or proposed 
     before July 1, 2011; and
       (II) any new or revised standard for ozone or fine 
     particulate matter that, as of the date of enactment of this 
     Act, is currently under review or development by the 
     Administrator; and

       (ii) the attainment, or maintenance of attainment, of any 
     national ambient air quality standard, including--

       (I) any new or revised standard for ozone or fine 
     particulate matter that, as of the date of enactment of this 
     Act, is currently under review or development by the 
     Administrator; and
       (II) any other standard that has been promulgated or 
     proposed before July 1, 2011;

       (iii) new source performance standards under section 111 of 
     the Clean Air Act (42 U.S.C. 7411), including any standards 
     under subsection (d) of that section;
       (iv) hazardous air pollutants under section 112 of the 
     Clean Air Act (42 U.S.C. 7412);
       (v) greenhouse gas emissions under titles I, II, and V of 
     the Clean Air Act (42 U.S.C. 7401 et seq.), including the 
     requirements for--

       (I) new source performance standards under section 111 of 
     the Clean Air Act (42 U.S.C. 7411), including any standards 
     under subsection (d) of that section; and
       (II) preconstruction review permits under section 165 of 
     the Clean Air Act (42 U.S.C. 7475);

       (vi) cooling water intake structures under section 316(b) 
     of the Clean Water Act (33 U.S.C. 1326(b));
       (vii) effluent guidelines for regulating the discharge of 
     pollutants under section 304 of the Clean Water Act (33 
     U.S.C. 1314);
       (viii) the handling and disposal of coal combustion 
     residuals under subtitle C or D of the Solid Waste Disposal 
     Act (42 U.S.C. 6921 et seq.);
       (ix) the regulation of fuels under title II of the Clean 
     Air Act (42 U.S.C. 7521 et seq.);
       (x) regional haze or reasonably attributable visibility 
     impairment under section 169A or section 169B of the Clean 
     Air Act (42 U.S.C. 7491, 7492); and
       (xi) any other environmental regulations expected to have a 
     significant impact on the electric power sector, the 
     petroleum refining sector, the petrochemical production 
     sector, pipeline facilities regulated by the Department of 
     Transportation or the Environmental Protection Agency, 
     exploration, production, or transportation of oil and natural 
     gas, or any other manufacturing sector.
       (4) Impacted unit.--The term ``impacted unit'' means--
       (A) any electric generating unit that sells electricity 
     into the grid;
       (B) any industrial, commercial, or institutional boiler or 
     process heater;
       (C) any petroleum refining facility that produces gasoline, 
     heating oil, diesel fuel, jet fuel, kerosene, or 
     petrochemical feedstocks;
       (D) any petrochemical facility;
       (E) any hydrocarbon exploration, extraction, manufacturing, 
     production, or transportation facility; or
       (F) any biofuel facility.

     SEC. 203. CUMULATIVE REGULATORY ASSESSMENT COMMITTEE.

       (a) Establishment.--There is established within the 
     Department of Commerce a Committee, to be known as the 
     ``Cumulative Regulatory Assessment Committee''.
       (b) Composition of Committee.--The Committee shall consist 
     of the following officials (or designees of the officials):
       (1) The Secretary of Agriculture.
       (2) The Secretary of Commerce.
       (3) The Secretary of Defense.
       (4) The Chairperson of the Council of Economic Advisers.
       (5) The Secretary of Energy.
       (6) The Administrator.
       (7) The Chairperson of the Federal Energy Regulatory 
     Commission.
       (8) The Secretary of Labor.
       (9) The Administrator of the Office of Information and 
     Regulatory Affairs.
       (10) The President and Chief Executive Officer of the North 
     American Electric Reliability Corporation.
       (11) The Chief Counsel for Advocacy of the Small Business 
     Administration.
       (c) Leadership; Operations.--The Secretary of Commerce 
     shall--
       (1) serve as the Chairperson of the Committee; and
       (2) be responsible for the executive and administrative 
     operation of the Committee.
       (d) Identification of Federal Regulatory Mandates.--Not 
     later than 30 days after the date of enactment of this Act, 
     the Administrator shall provide to the Committee a list of 
     Federal regulatory mandates.
       (e) Duties.--
       (1) Assessment.--
       (A) In general.--The Committee shall perform an assessment 
     of the cumulative energy and economic impacts of the Federal 
     regulatory mandates in accordance with this subsection, 
     including direct, indirect, quantifiable, and qualitative 
     effects on--
       (i) employment, including job levels in each segment of the 
     economy and each region of the United States, including coal-
     producing regions;
       (ii) economic development, including production levels and 
     labor demands in manufacturing, commercial, and other sectors 
     of the economy;
       (iii) the electric power sector, including potential 
     impacts on electric reliability, energy security, and retail 
     electricity rates;
       (iv) the domestic refining and petrochemical sector, 
     including potential impacts on supply, international 
     competitiveness, wholesale and retail transportation fuels, 
     and heating oil and petrochemical prices;
       (v) State and local governments, including potential 
     impacts on governmental operations and local communities from 
     any reductions in State and local tax revenues;
       (vi) small businesses (as defined in section 601 of title 
     5, United States Code), including economic and regulatory 
     impacts that could force the shutdown or limit the growth of 
     small businesses;
       (vii) agriculture, including economic and regulatory 
     impacts that could force the shutdown, or limit growth or 
     productive capacity, of the agricultural industry in the 
     United States, including the domestic fertilizer 
     manufacturing industry; and
       (viii) energy-intensive, trade-exposed industry (as defined 
     in North American Industry Classification System codes 31, 
     32, and 33) (including the beneficiation or processing 
     (including agglomeration) of metal ores (including iron and 
     copper ores), soda ash, or phosphate, petroleum refining, and 
     petrochemicals production), including economic and regulatory 
     impacts that could force the shutdown, or limit growth of 
     productive capacity, of the United States manufacturing 
     industry.
       (B) Comprehensive analysis.--The assessment shall include a 
     comprehensive analysis, for the period beginning on January 
     1, 2012, and ending on December 31, 2025, of the following 
     matters:
       (i) The impacted units that would likely retire due to the 
     cumulative compliance costs of the Federal regulatory 
     mandates.
       (ii) The amount by which average retail electricity prices 
     are forecasted to increase above inflation as a result of--

       (I) the cumulative compliance costs of the Federal 
     regulatory mandates;
       (II) the retirement of electric generating units that are 
     impacted units described in clause (i); and
       (III) other direct and indirect impacts that are expected 
     to result from the cumulative compliance obligations of the 
     Federal regulatory mandates.

       (iii) The amount by which average retail transportation 
     fuel and heating oil prices are forecasted to increase above 
     inflation as a result of--

       (I) the cumulative compliance costs of the Federal 
     regulatory mandates;
       (II) the retirement or closure of domestic refineries that 
     are impacted units described in clause (i);
       (III) the likely foreign-sourced replacement for the 
     transportation fuels and heating oil supplies loss caused by 
     the retirements or closures identified under subclause (II); 
     and
       (IV) other direct and indirect impacts that are expected to 
     result from the cumulative compliance obligations of the 
     Federal regulatory mandates.

       (iv) The amount by which average petrochemical prices are 
     forecasted to increase above inflation as a result of--

       (I) the cumulative compliance costs of the Federal 
     regulatory mandates;
       (II) the retirement or closure of domestic petrochemical 
     facilities that are impacted units described in clause (i);
       (III) the likely foreign-sourced replacement for the 
     petrochemical supplies loss caused by the retirements or 
     closures identified under subclause (II); and
       (IV) other direct and indirect impacts that are expected to 
     result from the cumulative compliance obligations of the 
     Federal regulatory mandates.

       (v) The direct and indirect adverse impacts on the 
     economies of local communities that are projected to result 
     from the retirement of impacted units described in clause (i) 
     and increased retail electricity, transportation fuels, 
     heating oil, and petrochemical prices that are forecasted 
     under clause (ii), including--

       (I) loss of jobs, including jobs that would be lost that 
     relate directly or indirectly to coal production or petroleum 
     refining;
       (II) reduction in State and local tax revenues;
       (III) harm to small businesses;
       (IV) harm to consumers;
       (V) reduction in--

       (aa) the production and use of coal; and

[[Page 8950]]

       (bb) the domestic production of transportation fuels, 
     heating oil, and petrochemicals in the United States; and

       (VI) other resulting adverse economic or energy impacts.

       (vi) The extent to which the direct and indirect adverse 
     economic impacts identified under clause (v) can be mitigated 
     through the creation of additional jobs and new economic 
     growth as a result of renewable energy projects, energy 
     efficiency measures, and other such energy construction 
     projects that are projected to be undertaken in order to meet 
     future energy demands.
       (vii) The cumulative effects of Federal regulatory mandates 
     on the ability of industries and businesses in the United 
     States to compete with industries and businesses in other 
     countries, with respect to competitiveness in both domestic 
     and foreign markets.
       (viii) The regions of the United States that are forecasted 
     to be--

       (I) most affected from the direct and indirect adverse 
     impacts from the retirement of impacted units and increased 
     retail electricity, transportation fuels, heating oil, and 
     petrochemicals price, as identified under clause (v); and
       (II) least affected from such adverse impacts due to the 
     creation of new jobs and economic growth that are expected to 
     result directly and indirectly from the energy construction 
     projects, as identified under clause (vi).

       (ix) The cumulative effects of the Federal regulatory 
     mandates on the electric power sector, including--

       (I) adverse impacts on electric reliability that are 
     expected to result from the retirement of electric generating 
     units identified under clause (i);
       (II) the geographical distribution of the projected adverse 
     electric reliability impacts identified in subclause (I), 
     according to the regions established by North American 
     Electric Reliability Corporation; and
       (III) an assessment of whether current plans to expand 
     electricity generation and transmission capabilities for each 
     particular region can be optimized to mitigate those 
     projected adverse reliability impacts.

       (x) Federal, State, and local policies that have been or 
     will be implemented to foster a transition in energy 
     infrastructure in the United States, including those policies 
     that promote fuel diversity, affordable and reliable 
     electricity, and energy security.
       (2) Consultation with state and local governments.--The 
     Committee shall consult with representatives of State and 
     local governments--
       (A) to identify potential adverse cumulative impacts of the 
     Federal regulatory mandates that have unique or significant 
     repercussions for each particular region of the United 
     States; and
       (B) to investigate opportunities and strategies for 
     mitigating the adverse impacts and repercussions identified 
     under subparagraph (A).
       (3) Methodology.--The Committee shall--
       (A) use the best available information and peer-reviewed 
     economic models in performing the cumulative regulatory 
     impact assessment under this subsection; and
       (B) seek public comment on the cost, energy, and other 
     modeling assumptions used in performing the assessment.
       (4) Public notice and comment.--The Committee shall provide 
     public notice and the opportunity for comment on a draft 
     cumulative regulatory impact assessment to be prepared under 
     this subsection.
       (5) Report to congress and states.--Not later than January 
     1, 2012, the Committee shall submit to Congress and the 
     Governor of each State a detailed report of the cumulative 
     assessment performed under this subsection.

     SEC. 204. SAVINGS CLAUSE.

       Nothing in this title confirms, modifies, or otherwise 
     affects the statutory authority for adopting and implementing 
     the Federal regulatory mandates.
                                 ______
                                 
  SA 439. Mr. JOHANNS submitted an amendment intended to be proposed by 
him to the bill S. 782, to amend the Public Works and Economic 
Development Act of 1965 to reauthorize that Act, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the end, add the following:

     SEC. __. SENSE OF THE SENATE.

       It is the sense of the Senate that, for each fiscal year 
     for which amounts are appropriated to carry out programs 
     authorized under this Act or the amendments made by this Act, 
     if those amounts exceed the amounts appropriated to carry out 
     the same programs in fiscal year 2007, other discretionary 
     spending should be reduced by an amount that is equal to the 
     difference between--
       (1) the amounts appropriated to carry out programs 
     authorized under this Act or the amendments made by this Act; 
     and
       (2) the amounts appropriated to carry out the same programs 
     in fiscal year 2007.
                                 ______
                                 
  SA 440. Mr. MERKLEY proposed an amendment to the bill S. 782, to 
amend the Public Works and Economic Development Act of 1965 to 
reauthorize that Act, and for other purposes; as follows:

       At the end of the bill, add the following:

     SEC. __. LOW-COST ENERGY EFFICIENCY LOANS.

       (a) Definitions.--In this section:
       (1) Eligible participant.--The term ``eligible 
     participant'' means a homeowner who receives financial 
     assistance from a qualified financing entity to carry out 
     energy efficiency or renewable energy improvements to an 
     existing home or other residential building of the homeowner 
     listed under subsection (d).
       (2) Program.--The term ``program'' means the Energy 
     Efficiency Loan Program established under subsection (b).
       (3) Qualified financing entity.--The term ``qualified 
     financing entity'' means a State, political subdivision of a 
     State, tribal government, electric utility, natural gas 
     utility, nonprofit or community-based organization, energy 
     service company, retailer, or any other qualified entity 
     that--
       (A) meets the eligibility requirements of this section; and
       (B) is designated by the Governor of a State.
       (4) Qualified loan program mechanism.--The term ``qualified 
     loan program mechanism'' means a loan program that is--
       (A) administered by a qualified financing entity; and
       (B) principally funded--
       (i) by funds provided by or overseen by a State; or
       (ii) through the energy loan program of the Federal 
     National Mortgage Association.
       (5) Secretary.--The term ``Secretary'' means the Secretary 
     of Energy.
       (b) Establishment.--The Secretary shall establish an Energy 
     Efficiency Loan Program under which the Secretary shall make 
     funds available to States to support financial assistance 
     provided by qualified financing entities for making qualified 
     energy efficiency or renewable efficiency improvements listed 
     under subsection (d).
       (c) Eligibility of Qualified Financing Entities.--To be 
     eligible to participate in the program, a qualified financing 
     entity shall--
       (1) offer a financing product under which eligible 
     participants may pay over time for the cost to the eligible 
     participant (after all applicable Federal, State, local, and 
     other rebates or incentives are applied) of making 
     improvements listed under subsection (d);
       (2) require all financed improvements to be performed by 
     contractors in a manner that meets minimum standards 
     established by the Secretary; and
       (3) establish standard underwriting criteria to determine 
     the eligibility of program applicants, which criteria shall 
     be consistent with--
       (A) with respect to unsecured consumer loan programs, 
     standard underwriting criteria used under the energy loan 
     program of the Federal National Mortgage Association; or
       (B) with respect to secured loans or other forms of 
     financial assistance, commercially recognized best practices 
     applicable to the form of financial assistance being provided 
     (as determined by the designated entity administering the 
     program in the State).
       (d) Qualified Energy Efficiency or Renewable Energy 
     Improvements.--Not later than 90 days after the date of 
     enactment of this Act, the Secretary shall publish a list of 
     energy efficiency or renewable energy improvements to 
     existing homes that qualify under the program.
       (e) Allocation.--In making funds available to States for 
     each fiscal year under this section, the Secretary shall use 
     the formula used to allocate funds to States to carry out 
     State energy conservation plans established under part D of 
     title III of the Energy Policy and Conservation Act (42 
     U.S.C. 6321 et seq.).
       (f) Qualified Financing Entities.--Before making funds 
     available to a State under this section, the Secretary shall 
     require the Governor of the State to provide to the Secretary 
     a letter of assurance that the State--
       (1) has 1 or more qualified financing entities that meet 
     the requirements of this section;
       (2) has established a qualified loan program mechanism 
     that--
       (A) includes a methodology to ensure credible energy 
     savings or renewable energy generation;
       (B) incorporates an effective repayment mechanism, which 
     may include--
       (i) on-utility-bill repayment;
       (ii) tax assessment or other form of property assessment 
     financing;
       (iii) municipal service charges;
       (iv) energy or energy efficiency services contracts;
       (v) energy efficiency power purchase agreements;
       (vi) unsecured loans applying the underwriting requirements 
     of the energy loan program of the Federal National Mortgage 
     Association; or
       (vii) alternative contractual repayment mechanisms that 
     have been demonstrated to have appropriate risk mitigation 
     features; and
       (C) will provide, in a timely manner, all information 
     regarding the administration of the program as the Secretary 
     may require to permit the Secretary to meet the reporting 
     requirements of subsection (i).
       (g) Use of Funds.--Funds made available to States under the 
     program may be used to

[[Page 8951]]

     support financing products offered by qualified financing 
     entities to eligible participants for eligible energy 
     efficiency work, by providing--
       (1) interest rate reductions;
       (2) loan loss reserves or other forms of credit 
     enhancement;
       (3) revolving loan funds from which qualified financing 
     entities may offer direct loans; or
       (4) other debt instruments or financial products 
     necessary--
       (A) to maximize leverage provided through available funds; 
     and
       (B) to support widespread deployment of energy efficiency 
     finance programs.
       (h) Use of Repayment Funds.--In the case of a revolving 
     loan fund established by a State described in subsection 
     (g)(3), a qualified financing entity may use funds repaid by 
     eligible participants under the program to provide financial 
     assistance for additional eligible participants to make 
     improvements listed under subsection (d) in a manner that is 
     consistent with this section or other such criteria as are 
     prescribed by the State.
       (i) Program Evaluation.--Not later than 1 year after the 
     date of enactment of this Act, the Secretary shall submit to 
     Congress a program evaluation that describes--
       (1) how many eligible participants have participated in the 
     program;
       (2) how many jobs have been created through the program, 
     directly and indirectly;
       (3) what steps could be taken to promote further deployment 
     of energy efficiency and renewable energy retrofits;
       (4) the quantity of verifiable energy savings, homeowner 
     energy bill savings, and other benefits of the program; and
       (5) the performance of the programs carried out by 
     qualified financing entities under this section, including 
     information on the rate of default and repayment.
       (j) Credit Support for Financing Programs.--Section 1705 of 
     the Energy Policy Act of 2005 (42 U.S.C. 16516) is amended--
       (1) in subsection (a), by adding at the end the following:
       ``(4) Energy efficiency projects, including projects to 
     retrofit residential, commercial, and industrial buildings, 
     facilities, and equipment, including financing programs that 
     finance the retrofitting of residential, commercial, and 
     industrial buildings, facilities, and equipment.''.
       (2) by redesignating subsection (e) as subsection (f); and
       (3) by inserting after subsection (d) the following:
       ``(e) Credit Support for Financing Programs.--
       ``(1) In general.--In the case of programs that finance the 
     retrofitting of residential, commercial, and industrial 
     buildings, facilities, and equipment described in subsection 
     (a)(4), the Secretary may--
       ``(A) offer loan guarantees for portfolios of debt 
     obligations; and
       ``(B) purchase or make commitments to purchase portfolios 
     of debt obligations.
       ``(2) Term.--Notwithstanding section 1702(f), the term of 
     any debt obligation that receives credit support under this 
     subsection shall require full repayment over a period not to 
     exceed the lesser of--
       ``(A) 30 years; and
       ``(B) the projected weighted average useful life of the 
     measure or system financed by the debt obligation or 
     portfolio of debt obligations (as determined by the 
     Secretary).
       ``(3) Underwriting.--The Secretary may--
       ``(A) delegate underwriting responsibility for portfolios 
     of debt obligations under this subsection to financial 
     institutions that meet qualifications determined by the 
     Secretary; and
       ``(B) determine an appropriate percentage of loans in a 
     portfolio to review in order to confirm sound underwriting.
       ``(4) Administration.--Subsections (c) and (d)(3) of 
     section 1702 and subsection (c) of this section shall not 
     apply to loan guarantees made under this subsection.''.
       (k) Authorization of Appropriations.--There are authorized 
     to be appropriated to carry out this section and the 
     amendments made by this section such sums as are necessary.
                                 ______
                                 
  SA 441. Mr. McCAIN proposed an amendment to amendment SA 436 
submitted by Mr. Coburn to the bill S. 782, to amend the Public Works 
and Economic Development Act of 1965 to reauthorize that Act, and for 
other purposes; as follows.

       At the appropriate place insert the following:

     SEC. __. PROHIBITION ON USE OF FEDERAL FUNDS TO CONSTRUCT 
                   ETHANOL BLENDER PUMPS OR ETHANOL STORAGE 
                   FACILITIES.

       Effective beginning on the date of enactment of this Act, 
     no funds made available by Federal law (including funds in 
     any trust fund to which funds are made by Federal law) shall 
     be expended for the construction of an ethanol blender pump 
     or an ethanol storage facility.
                                 ______
                                 
  SA 442. Mrs. FEINSTEIN submitted an amendment intended to be proposed 
by her to the bill S. 782, to amend the Public Works and Economic 
Development Act of 1965 to reauthorize that Act, and for other 
purposes; which was ordered to lie on the table; as follows.

       On page 29, after line 20, add the following:

     SEC. 22. REQUIREMENTS WITH RESPECT TO BISPHENOL A.

       (a) Short Title.--This section may be cited as the ``Ban 
     Poisonous Additives Act of 2011''.
       (b) Requirements With Respect to Bisphenol A.--
       (1) Ban on use of bisphenol a in food and beverage 
     containers for children.--
       (A) Baby food; unfilled baby bottles and cups.--Section 402 
     of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 342) 
     is amended by adding at the end the following:
       ``(j)(1) If it is a food intended for children 3 years of 
     age or younger, the container of which (including the lining 
     of such container) is composed, in whole or in part, of 
     bisphenol A.
       ``(2) If it is a baby bottle or cup that is composed, in 
     whole or in part, of bisphenol A.''.
       (B) Definition.--Section 201 of the Federal Food, Drug, and 
     Cosmetic Act (21 U.S.C. 321) is amended by adding at the end 
     the following:
       ``(ss) Baby Bottle or Cup.--For purposes of section 402(j), 
     the term `baby bottle or cup' means a bottle or cup that--
       ``(1) is intended to aid in the feeding or providing of 
     drink to children 3 years of age or younger; and
       ``(2) does not contain a food when such bottle or cup is 
     sold or distributed at retail.''.
       (C) Effective dates.--
       (i) Baby food.--Section 402(j)(1) of the Federal Food, 
     Drug, and Cosmetic Act, as added by subparagraph (A), shall 
     take effect 1 year after the date of enactment of this Act.
       (ii) Unfilled baby bottles and cups.--Section 402(j)(2) of 
     the Federal Food, Drug, and Cosmetic Act, as added by 
     subparagraph (A), shall take effect 180 days after the date 
     of enactment of this Act.
       (2) Ban on use of bisphenol a in infant formula 
     containers.--
       (A) In general.--Section 412(a) of the Federal Food, Drug, 
     and Cosmetic Act (21 U.S.C. 350a(a)) is amended--
       (i) in paragraph (2), by striking ``, or'' and inserting 
     ``,'';
       (ii) in paragraph (3), by striking the period at the end 
     and inserting ``, or''; and
       (iii) by adding at the end the following:
       ``(4) the container of such infant formula (including the 
     lining of such container and, in the case of infant formula 
     powder, excluding packaging on the outside of the container 
     that does not come into contact with the infant formula 
     powder) is composed, in whole or in part, of bisphenol A.''.
       (B) Effective date.--The amendments made by subparagraph 
     (A) shall take effect 18 months after the date of enactment 
     of this Act.
       (3) Regulation of other containers composed of bisphenol 
     a.--
       (A) Safety assessment of products composed of bpa.--Not 
     later than December 1, 2012, the Secretary of Health and 
     Human Services (referred to in this Act as the ``Secretary'') 
     shall issue a revised safety assessment for food containers 
     composed, in whole or in part, of bisphenol A, taking into 
     consideration different types of such food containers and the 
     use of such food containers with respect to different foods, 
     as appropriate.
       (B) Safety standard.--Through the safety assessment 
     described in paragraph (1), and taking into consideration the 
     requirements of section 409 of the Federal Food, Drug, and 
     Cosmetic Act (21 U.S.C. 348) and section 170.3(i) of title 
     21, Code of Federal Regulations, the Secretary shall 
     determine whether there is a reasonable certainty that no 
     harm will result from aggregate exposure to bisphenol A 
     through food containers or other items composed, in whole or 
     in part, of bisphenol A, taking into consideration potential 
     adverse effects from low dose exposure, and the effects of 
     exposure on vulnerable populations, including pregnant women, 
     infants, children, the elderly, and populations with high 
     exposure to bisphenol A.
       (C) Application of safety standard to alternatives.--The 
     Secretary shall use the safety standard described under 
     subparagraph (B) to evaluate the proposed uses of 
     alternatives to bisphenol A.
       (4) Savings provision.--Nothing in this section shall 
     affect the right of a State, political subdivision of a 
     State, or Indian Tribe to adopt or enforce any regulation, 
     requirement, liability, or standard of performance that is 
     more stringent than a regulation, requirement, liability, or 
     standard of performance under this section or that--
       (A) applies to a product category not described in this 
     section; or
       (B) requires the provision of a warning of risk, illness, 
     or injury associated with the use of food containers 
     composed, in whole or in part, of bisphenol A.
       (5) Definition.--For purposes of this section, the term 
     ``container'' includes the lining of a container.
                                 ______
                                 
  SA 443. Mrs. FEINSTEIN submitted an amendment intended to be proposed 
by her to the bill S. 782, to amend the Public Works and Economic 
Development Act of 1965 to reauthorize that

[[Page 8952]]

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

       On page 29, after line 20, add the following:

     SEC. 22. PROTECTION OF CONSUMERS FROM EXCESSIVE, UNJUSTIFIED, 
                   OR UNFAIRLY DISCRIMINATORY RATES.

       (a) Short Title.--This section may be cited as the ``Health 
     Insurance Rate Review Act''.
       (b) Protection of Consumers From Excessive, Unjustified, or 
     Unfairly Discriminatory Rates.--
       (1) In general.--The first section 2794 of the Public 
     Health Service Act (42 U.S.C. 300gg-94), as added by section 
     1003 of the Patient Protection and Affordable Care Act 
     (Public Law 111-148), is amended by adding at the end the 
     following new subsection:
       ``(e) Protection From Excessive, Unjustified, or Unfairly 
     Discriminatory Rates.--
       ``(1) Authority of states.--Nothing in this section shall 
     be construed to prohibit a State from imposing requirements 
     (including requirements relating to rate review standards and 
     procedures and information reporting) on health insurance 
     issuers with respect to rates that are in addition to the 
     requirements of this section and are more protective of 
     consumers than such requirements.
       ``(2) Consultation in rate review process.--In carrying out 
     this section, the Secretary shall consult with the National 
     Association of Insurance Commissioners and consumer groups.
       ``(3) Determination of who conducts reviews for each 
     state.--The Secretary shall determine, after the date of 
     enactment of this section and periodically thereafter, the 
     following:
       ``(A) In which States the State insurance commissioner or 
     relevant State regulator shall undertake the corrective 
     actions under paragraph (4), as a condition of the State 
     receiving the grant in subsection (c), based on the 
     Secretary's determination that the State is adequately 
     prepared to undertake and is adequately undertaking such 
     actions.
       ``(B) In which States the Secretary shall undertake the 
     corrective actions under paragraph (4), in cooperation with 
     the relevant State insurance commissioner or State regulator, 
     based on the Secretary's determination that the State is not 
     adequately prepared to undertake or is not adequately 
     undertaking such actions.
       ``(4) Corrective action for excessive, unjustified, or 
     unfairly discriminatory rates.--In accordance with the 
     process established under this section, the Secretary or the 
     relevant State insurance commissioner or State regulator 
     shall take corrective actions to ensure that any excessive, 
     unjustified, or unfairly discriminatory rates are corrected 
     prior to implementation through mechanisms such as--
       ``(A) denying rates;
       ``(B) modifying rates; or
       ``(C) requiring rebates to consumers.''.
       (2) Clarification of regulatory authority.--Such section is 
     further amended--
       (A) in subsection (a)--
       (i) in the heading, by striking ``Premium'' and inserting 
     ``Rate'';
       (ii) in paragraph (1), by striking ``unreasonable increases 
     in premiums'' and inserting ``potentially excessive, 
     unjustified, or unfairly discriminatory rates, including 
     premiums,''; and
       (iii) in paragraph (2)--

       (I) by striking ``an unreasonable premium increase'' and 
     inserting ``a potentially excessive, unjustified, or unfairly 
     discriminatory rate'';
       (II) by striking ``the increase'' and inserting ``the 
     rate''; and
       (III) by striking ``such increases'' and inserting ``such 
     rates'';

       (B) in subsection (b)--
       (i) by striking ``premium increases'' each place it appears 
     and inserting ``rates''; and
       (ii) in paragraph (2)(B), by striking ``premium'' and 
     inserting ``rate''; and
       (C) in subsection (c)(1)--
       (i) in the heading, by striking ``Premium'' and inserting 
     ``Rate'';
       (ii) by inserting ``that satisfy the condition under 
     subsection (e)(3)(A)'' after ``award grants to States''; and
       (iii) in subparagraph (A), by striking ``premium 
     increases'' and inserting ``rates''.
       (3) Conforming amendment.--Title XXVII of the Public Health 
     Service Act (42 U.S.C. 300gg et seq.) is amended--
       (A) in section 2723 (42 U.S.C. 300gg-22), as redesignated 
     by the Patient Protection and Affordable Care Act--
       (i) in subsection (a)--

       (I) in paragraph (1), by inserting ``and section 2794'' 
     after ``this part''; and
       (II) in paragraph (2), by inserting ``or section 2794'' 
     after ``this part''; and

       (ii) in subsection (b)--

       (I) in paragraph (1), by inserting ``and section 2794'' 
     after ``this part''; and
       (II) in paragraph (2)--

       (aa) in subparagraph (A), by inserting ``or section 2794 
     that is'' after ``this part'' ; and
       (bb) in subparagraph (C)(ii), by inserting ``or section 
     2794'' after ``this part''; and
       (B) in section 2761 (42 U.S.C. 300gg-61)--
       (i) in subsection (a)--

       (I) in paragraph (1), by inserting ``and section 2794'' 
     after ``this part''; and
       (II) in paragraph (2)--

       (aa) by inserting ``or section 2794'' after ``set forth in 
     this part''; and
       (bb) by inserting ``and section 2794'' after ``the 
     requirements of this part''; and
       (ii) in subsection (b)--

       (I) by inserting ``and section 2794'' after ``this part''; 
     and
       (II) by inserting ``and section 2794'' after ``part A''.

       (4) Applicability to grandfathered plans.--Section 
     1251(a)(4)(A) of the Patient Protection and Affordable Care 
     Act (Public Law 111-148), as added by section 2301 of the 
     Health Care and Education Reconciliation Act of 2010 (Public 
     Law 111-152), is amended by adding at the end the following:
       ``(v) Section 2794 (relating to reasonableness of rates 
     with respect to health insurance coverage).''.
       (5) Effective date.--The amendments made by this section 
     shall take effect on the date of enactment of this Act.
                                 ______
                                 
  SA 444. Ms. SNOWE (for herself, Mrs. McCaskill, Mr. Grassley, Mrs. 
Hagan, Ms. Collins, Mr. Merkley, and Mr. Enzi) submitted an amendment 
intended to be proposed by her to the bill S. 782, to amend the Public 
Works and Economic Development Act of 1965 to reauthorize that Act, and 
for other purposes; which was ordered to lie on the table; as follows:

       At the end, add the following:

                 TITLE _--CONTRACTING FRAUD PREVENTION

     SECTION __1. SHORT TITLE.

       This title may be cited as the ``Small Business Contracting 
     Fraud Prevention Act of 2011''.

     SEC. __2. DEFINITIONS.

       In this title--
       (1) the term ``8(a) program'' means the program under 
     section 8(a) of the Small Business Act (15 U.S.C. 637(a));
       (2) the terms ``Administration'' and ``Administrator'' mean 
     the Small Business Administration and the Administrator 
     thereof, respectively;
       (3) the terms ``HUBZone'' and ``HUBZone small business 
     concern'' and ``HUBZone map'' have the meanings given those 
     terms in section 3(p) of the Small Business Act (15 U.S.C. 
     632(p)), as amended by this Act;
       (4) the term ``recertification'' means a determination by 
     the Administrator that a business concern that was previously 
     determined to be a qualified HUBZone small business concern 
     is a qualified HUBZone small business concern under section 
     3(p)(5) of the Small Business Act (15 U.S.C. 632(p)(5)); and
       (5) the term ``small business concern'' has the meaning 
     given that term under section 3 of the Small Business Act (15 
     U.S.C. 632).

     SEC. __3. FRAUD DETERRENCE AT THE SMALL BUSINESS 
                   ADMINISTRATION.

       Section 16 of the Small Business Act (15 U.S.C. 645) is 
     amended--
       (1) in subsection (d)--
       (A) in paragraph (1)--
       (i) in the matter preceding subparagraph (A), by striking 
     ``Whoever'' and all that follows through ``oneself or 
     another'' and inserting the following: ``A person shall be 
     subject to the penalties and remedies described in paragraph 
     (2) if the person misrepresents the status of any concern or 
     person as a `small business concern', a `qualified HUBZone 
     small business concern', a `small business concern owned and 
     controlled by socially and economically disadvantaged 
     individuals', a `small business concern owned and controlled 
     by women', or a `small business concern owned and controlled 
     by service-disabled veterans', in order to obtain for any 
     person'';
       (ii) by amending subparagraph (A) to read as follows:
       ``(A) prime contract, subcontract, grant, or cooperative 
     agreement to be awarded under subsection (a) or (m) of 
     section 8, or section 9, 15, 31, or 36;'';
       (iii) by striking subparagraph (B);
       (iv) by redesignating subparagraphs (C) and (D) as 
     subparagraphs (B) and (C), respectively; and
       (v) in subparagraph (C), as so redesignated, by striking 
     ``, shall be'' and all that follows and inserting a period;
       (B) in paragraph (2)--
       (i) by redesignating subparagraphs (C) and (D) as 
     subparagraphs (D) and (E), respectively; and
       (ii) by inserting after subparagraph (B) the following:
       ``(C) be subject to the civil remedies and penalties under 
     subchapter III of chapter 37 of title 31, United States Code 
     (commonly known as the `False Claims Act');''; and
       (C) by adding at the end the following:
       ``(3)(A) In the case of a violation of paragraph (1)(A), 
     (g), or (h), for purposes of a proceeding described in 
     subparagraph (A) or (C) of paragraph (2), the amount of the 
     loss to the Federal Government or the damages sustained by 
     the Federal Government, as applicable, shall be an amount 
     equal to the amount that the Federal Government paid to the 
     person that received a contract, grant, or cooperative 
     agreement described in paragraph (1)(A), (g), or (h), 
     respectively.
       ``(B) In the case of a violation of subparagraph (B) or (C) 
     of paragraph (1), for the purpose of a proceeding described 
     in subparagraph (A) or (C) of paragraph (2), the amount of 
     the loss to the Federal Government or the

[[Page 8953]]

     damages sustained by the Federal Government, as applicable, 
     shall be an amount equal to the portion of any payment by the 
     Federal Government under a prime contract that was used for a 
     subcontract described in subparagraph (B) or (C) of paragraph 
     (1), respectively.
       ``(C) In a proceeding described in subparagraph (A) or (B), 
     no credit shall be applied against any loss or damages to the 
     Federal Government for the fair market value of the property 
     or services provided to the Federal Government.'';
       (2) by striking subsection (e) and inserting the following:
       ``(e) Any representation of the status of any concern or 
     person as a `small business concern', a `qualified HUBZone 
     small business concern', a `small business concern owned and 
     controlled by socially and economically disadvantaged 
     individuals', a `small business concern owned and controlled 
     by women', or a `small business concern owned and controlled 
     by service-disabled veterans', in order to obtain any prime 
     contract, subcontract, grant, or cooperative agreement 
     described in subsection (d)(1) shall be made in writing or 
     through the Online Representations and Certifications 
     Application process required under section 4.1201 of the 
     Federal Acquisition Regulation, or any successor thereto.''; 
     and
       (3) by adding at the end the following:
       ``(g) A person shall be subject to the penalties and 
     remedies described in subsection (d)(2) if the person 
     misrepresents the status of any concern or person as a `small 
     business concern', a `qualified HUBZone small business 
     concern', a `small business concern owned and controlled by 
     socially and economically disadvantaged individuals', a 
     `small business concern owned and controlled by women', or a 
     `small business concern owned and controlled by service-
     disabled veterans'--
       ``(1) in order to allow any person to participate in or be 
     admitted to any program of the Administration; or
       ``(2) in relation to a protest of a contract award or 
     proposed contract award made under regulations issued by the 
     Administration.
       ``(h)(1) A person that submits a request for payment on a 
     contract or subcontract that is awarded under subsection (a) 
     or (m) of section 8, or section 9, 15, 31, or 36, shall be 
     deemed to have submitted a certification that the person 
     complied with regulations issued by the Administration 
     governing the percentage of work that the person is required 
     to perform on the contract or subcontract, unless the person 
     states, in writing, that the person did not comply with the 
     regulations.
       ``(2) A person shall be subject to the penalties and 
     remedies described in subsection (d)(2) if the person--
       ``(A) uses the services of a business other than the 
     business awarded the contract or subcontract to perform a 
     greater percentage of work under a contract than is permitted 
     by regulations issued by the Administration; or
       ``(B) willfully participates in a scheme to circumvent 
     regulations issued by the Administration governing the 
     percentage of work that a contractor is required to perform 
     on a contract.''.

     SEC. __4. VETERANS INTEGRITY IN CONTRACTING.

       (a) Definition.--Section 3(q)(1) of the Small Business Act 
     (15 U.S.C. 632(q)(1)) is amended by striking ``means a 
     veteran'' and all that follows and inserting the following: 
     ``means--
       ``(A) a veteran who possesses a disability rating letter 
     establishing a service-connected disability rated by the 
     Secretary of Veterans Affairs as zero percent or more 
     disabling; or
       ``(B) a former member of the Armed Forces with a service 
     connected disability who, under chapter 61 of title 10, 
     United States Code, is placed on the temporary disability 
     retired list, retired from service due to a physical 
     disability, or separated from service due to a physical 
     disability.''.
       (b) Veterans Contracting.--Section 4 of the Small Business 
     Act (15 U.S.C. 633) is amended by adding at the end the 
     following:
       ``(g) Veteran Status.--
       ``(1) In general.--A business concern seeking status as a 
     small business concern owned and controlled by service-
     disabled veterans shall--
       ``(A) submit an annual certification indicating that the 
     business concern is a small business concern owned and 
     controlled by service-disabled veterans by means of the 
     Online Representations and Certifications Application process 
     required under section 4.1201 of the Federal Acquisition 
     Regulation, or any successor thereto; and
       ``(B) register with--
       ``(i) the Central Contractor Registration database 
     maintained under subpart 4.11 of the Federal Acquisition 
     Regulation, or any successor thereto; and
       ``(ii) the VetBiz database of the Department of Veterans 
     Affairs, or any successor thereto.
       ``(2) Verification of status.--
       ``(A) Veterans affairs.--The Secretary of Veterans Affairs 
     shall determine whether a business concern registered with 
     the VetBiz database of the Department of Veterans Affairs, or 
     any successor thereto, as a small business concern owned and 
     controlled by veterans or a small business concern owned and 
     controlled by service-disabled veterans is owned and 
     controlled by a veteran or a service-disabled veteran, as the 
     case may be.
       ``(B) Federal agencies generally.--The head of each Federal 
     agency shall--
       ``(i) for a sole source contract awarded to a small 
     business concern owned and controlled by service-disabled 
     veterans or a contract awarded with competition restricted to 
     small business concerns owned and controlled by service-
     disabled veterans under section 36, determine whether a 
     business concern submitting a proposal for the contract is a 
     small business concern owned and controlled by service-
     disabled veterans; and
       ``(ii) use the VetBiz database of the Department of 
     Veterans Affairs, or any successor thereto, in determining 
     whether a business concern is a small business concern owned 
     and controlled by service-disabled veterans.
       ``(3) Debarment and suspension.--If the Administrator 
     determines that a business concern knowingly and willfully 
     misrepresented that the business concern is a small business 
     concern owned and controlled by service-disabled veterans, 
     the Administrator may debar or suspend the business concern 
     from contracting with the United States.''.
       (c) Integration of Databases.--Not later than 1 year after 
     the date of enactment of this Act, the Administrator for 
     Federal Procurement Policy and the Secretary of Veterans 
     Affairs shall ensure that data is shared on an ongoing basis 
     between the VetBiz database of the Department of Veterans 
     Affairs and the Central Contractor Registration database 
     maintained under subpart 4.11 of the Federal Acquisition 
     Regulation.

     SEC. __5. SECTION 8(A) PROGRAM IMPROVEMENTS.

       (a) Review of Effectiveness.--Section 8(a) of the Small 
     Business Act (15 U.S.C. 637(a)) is amended by adding at the 
     end the following:
       ``(22) Not later than 3 years after the date of enactment 
     of this paragraph, and every 3 years thereafter, the 
     Comptroller General of the United States shall--
       ``(A) conduct an evaluation of the effectiveness of the 
     program under this subsection, including an examination of--
       ``(i) the number and size of contracts applied for, as 
     compared to the number received by, small business concerns 
     after successfully completing the program;
       ``(ii) the percentage of small business concerns that 
     continue to operate during the 3-year period beginning on the 
     date on which the small business concerns successfully 
     complete the program;
       ``(iii) whether the business of small business concerns 
     increases during the 3-year period beginning on the date on 
     which the small business concerns successfully complete the 
     program; and
       ``(iv) the number of training sessions offered under the 
     program; and
       ``(B) submit to the Committee on Small Business and 
     Entrepreneurship of the Senate and the Committee on Small 
     Business of the House of Representatives a report regarding 
     each evaluation under subparagraph (A).''.
       (b) Other Improvements.--
       (1) Improvements.--In order to improve the 8(a) program, 
     the Administrator shall--
       (A) not later than 90 days after the date of enactment of 
     this Act, begin to--
       (i) evaluate the feasibility of--

       (I) using additional third-party data sources;
       (II) making unannounced visits of sites that are selected 
     randomly or using risk-based criteria;
       (III) using fraud detection tools, including data-mining 
     techniques; and
       (IV) conducting financial and analytical training for the 
     business opportunity specialists of the Administration;

       (ii) evaluate the feasibility and advisability of 
     calculating the adjusted net worth or total assets of an 
     individual for purposes of the 8(a) program in a manner that 
     includes assets held by the spouse of the individual; and
       (iii) develop a more consistent enforcement strategy that 
     includes the suspension or debarment of contractors that 
     knowingly make misrepresentations in order to qualify for the 
     8(a) program; and
       (B) not later than 1 year after the date on which the 
     Comptroller General submits the report under section 
     8(a)(22)(B) of the Small Business Act, as added by subsection 
     (a), issue, in final form, proposed regulations of the 
     Administration that--
       (i) determine the economic disadvantage of a participant in 
     the 8(a) program based on the income and asset levels of the 
     participant at the time of application and annual 
     recertification for the 8(a) program; and
       (ii) require a small business concern to provide additional 
     certifications designed to prevent fraud in order to 
     participate in the 8(a) program if an immediate family member 
     of an owner of the small business concern is, or has been, a 
     participant in the 8(a) program, in the same industry.
       (2) Definition.--In this subsection, the term ``immediate 
     family member'' means a father, mother, husband, wife, son, 
     daughter, brother, sister, grandfather, grandmother, 
     grandson, granddaughter, father-in-law, and mother-in-law.

[[Page 8954]]



     SEC. __6. HUBZONE IMPROVEMENTS.

       (a) Purpose.--The purpose of this section is to reform and 
     improve the HUBZone program of the Administration.
       (b) In General.--The Administrator shall--
       (1) ensure the HUBZone map is--
       (A) accurate and up-to-date; and
       (B) revised as new data is made available to maintain the 
     accuracy and currency of the HUBZone map;
       (2) implement policies for ensuring that only HUBZone small 
     business concerns determined to be qualified under section 
     3(p)(5) of the Small Business Act (15 U.S.C. 632(p)(5)) are 
     participating in the HUBZone program, including through the 
     appropriate use of technology to control costs and maximize, 
     among other benefits, uniformity, completeness, simplicity, 
     and efficiency;
       (3) 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 
     any application to be designated as a HUBZone small business 
     concern or for recertification for which the Administrator 
     has not made a determination as of the date that is 60 days 
     after the date on which the application was submitted or 
     initiated, which shall include a plan and timetable for 
     ensuring the timely processing of the applications; and
       (4) develop measures and implement plans to assess the 
     effectiveness of the HUBZone program that--
       (A) require the identification of a baseline point in time 
     to allow the assessment of economic development under the 
     HUBZone program, including creating additional jobs; and
       (B) take into account--
       (i) the economic characteristics of the HUBZone; and
       (ii) contracts being counted under multiple socioeconomic 
     subcategories.
       (c) Employment Percentage.--Section 3(p) of the Small 
     Business Act (15 U.S.C. 632(p)) is amended--
       (1) in paragraph (5), by adding at the end the following:
       ``(E) Employment percentage during interim period.--
       ``(i) Definition.--In this subparagraph, the term `interim 
     period' means the period beginning on the date on which the 
     Administrator determines that a HUBZone small business 
     concern is qualified under subparagraph (A) and ending on the 
     day before the date on which a contract under the HUBZone 
     program for which the HUBZone small business concern submits 
     a bid is awarded.
       ``(ii) Interim period.--During the interim period, the 
     Administrator may not determine that the HUBZone small 
     business is not qualified under subparagraph (A) based on a 
     failure to meet the applicable employment percentage under 
     subparagraph (A)(i)(I), unless the HUBZone small business 
     concern--

       ``(I) has not attempted to maintain the applicable 
     employment percentage under subparagraph (A)(i)(I); or
       ``(II) does not meet the applicable employment percentage--

       ``(aa) on the date on which the HUBZone small business 
     concern submits a bid for a contract under the HUBZone 
     program; or
       ``(bb) on the date on which the HUBZone small business 
     concern is awarded a contract under the HUBZone program.''; 
     and
       (2) by adding at the end the following:
       ``(8) Hubzone program.--The term `HUBZone program' means 
     the program established under section 31.
       ``(9) Hubzone map.--The term `HUBZone map' means the map 
     used by the Administration to identify HUBZones.''.
       (d) Redesignated Areas.--Section 3(p)(4)(C)(i) of the Small 
     Business Act (15 U.S.C. 632(p)(4)(C)(i)) is amended to read 
     as follows:
       ``(i) 3 years after the first date on which the 
     Administrator publishes a HUBZone map that is based on the 
     results from the 2010 decennial census; or''.

     SEC. __7. ANNUAL REPORT ON SUSPENSION, DEBARMENT, AND 
                   PROSECUTION.

       The Administrator shall submit an annual report to the 
     Committee on Small Business and Entrepreneurship of the 
     Senate and the Committee on Small Business of the House of 
     Representatives that contains--
       (1) the number of debarments from participation in programs 
     of the Administration issued by the Administrator during the 
     1-year period preceding the date of the report, including--
       (A) the number of debarments that were based on a 
     conviction; and
       (B) the number of debarments that were fact-based and did 
     not involve a conviction;
       (2) the number of suspensions from participation in 
     programs of the Administration issued by the Administrator 
     during the 1-year period preceding the date of the report, 
     including--
       (A) the number of suspensions issued that were based upon 
     indictments; and
       (B) the number of suspensions issued that were fact-based 
     and did not involve an indictment;
       (3) the number of suspension and debarments issued by the 
     Administrator during the 1-year period preceding the date of 
     the report that were based upon referrals from offices of the 
     Administration, other than the Office of Inspector General;
       (4) the number of suspension and debarments issued by the 
     Administrator during the 1-year period preceding the date of 
     the report based upon referrals from the Office of Inspector 
     General;
       (5) the number of persons that the Administrator declined 
     to debar or suspend after a referral described in paragraph 
     (4), and the reason for each such decision;
       (6) the number of investigations and reviews of potential 
     suspensions and debarments that were initiated by the 
     Administration; and
       (7) the number of investigations and reviews of potential 
     suspensions and debarments that were referred by the 
     Administration to other agencies.
                                 ______
                                 
  SA 445. Mr. COBURN (for himself and Mr. Inhofe) submitted an 
amendment intended to be proposed by him to the bill S. 782, to amend 
the Public Works and Economic Development Act of 1965 to reauthorize 
that Act, and for other purposes; which was ordered to lie on the 
table; as follows:

       Beginning on page 17, strike line 14 and all that follows 
     through page 18, line 10, and insert the following:
       (a) Brightfields Demonstration Program.--Section 218 of the 
     Public Works and Economic Development Act of 1965 (42 U.S.C. 
     3154d) is repealed.
       (b) Termination of Global Climate Change Mitigation 
     Incentive Fund.--Not later than 30 days after the date of 
     enactment of this Act, the Secretary of Commerce shall 
     terminate the Global Climate Change Mitigation Incentive Fund 
     of the Department of Commerce.
                                 ______
                                 
  SA 446. Mr. COBURN submitted an amendment intended to be proposed by 
him to the bill S. 782, to amend the Public Works and Economic 
Development Act of 1965 to reauthorize that Act, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert 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 paragraph (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 447. Mr. COBURN submitted an amendment intended to be proposed by 
him to the bill S. 782, to amend the Public Works and Economic 
Development Act of 1965 to reauthorize that Act, and for other 
purposes; which was ordered to lie on the table; as follows:

       Beginning on page 8, strike line 22 and all that follows 
     through page 11, line 14, and insert the following:

     SEC. 8. FEDERAL SHARE AND AUTHORIZATION OF APPROPRIATIONS.

       (a) Federal Share.--Section 204 of the Public Works and 
     Economic Development Act of 1965 (42 U.S.C. 3144) is amended 
     to read as follows:

     ``SEC. 204. FEDERAL SHARE.

       ``The Federal share of the cost of any project carried out 
     under this title shall not exceed 50 percent.''.
       (b) Authorization of Appropriations.--Section 701(a) of the 
     Public Works and Economic Development Act of 1965 (42 U.S.C. 
     3231(a)) (as amended by section 19) is amended by striking 
     ``$500,000,000'' and inserting ``$150,000,000''.
                                 ______
                                 
  SA 448. Mr. COBURN submitted an amendment intended to be proposed by 
him to the bill S. 782, to amend the Public Works and Economic 
Development Act of 1965 to reauthorize that Act, and for other 
purposes; which was ordered to lie on the table; as follows:


[[Page 8955]]

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. INCORPORATION OF ECONOMIC DEVELOPMENT 
                   ADMINISTRATION INTO HUD COMMUNITY DEVELOPMENT 
                   BLOCK GRANT PROGRAM.

       (a) Termination of Authority.--As soon as practicable after 
     the date of enactment of this Act, the President shall 
     establish a plan providing for--
       (1) the termination of the Economic Development 
     Administration; and
       (2) except as provided in subsection (b), the transfer of 
     all functions, duties, and authorities of the Economic 
     Development Administration to the Department of Housing and 
     Urban Development Community Development Block Grant program 
     established under title I of the Housing and Community 
     Development Act of 1974 (42 U.S.C. 5301 et seq.).
       (b) Limitation.--Notwithstanding subsection (a)(2), on 
     termination of the Economic Development Administration under 
     subsection (a)(1)--
       (1) all functions, duties, and authorities of the Economic 
     Development Administration with respect to the Global Climate 
     Change Mitigation Incentive Fund of the Department of 
     Commerce; and
       (2) the functions, duties, and authorities described in 
     paragraph (1) shall not be transferred to the Department of 
     Housing and Urban Development Community Development Block 
     Grant program.
                                 ______
                                 
  SA 449. Mr. COBURN submitted an amendment intended to be proposed by 
him to the bill S. 782, to amend the Public Works and Economic 
Development Act of 1965 to reauthorize that Act, and for other 
purposes; which was ordered to lie on the table; as follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. ECONOMIC DEVELOPMENT ADMINISTRATION.

       (a) Termination of Authority.--Effective October 1, 2011, 
     the Public Works and Economic Development Act of 1965 (42 
     U.S.C. 3121 et seq.) is repealed.
       (b) Termination of Agency.--Effective beginning on October 
     1, 2011, the Economic Development Administration is 
     terminated.
       (c) Collection Authority.--The Secretary of the Treasury 
     may collect any amounts owed to the Federal Government under 
     any loan agreement entered into by the Economic Development 
     Administration in effect on September 30, 2011--
       (1) in accordance with the terms or conditions of that loan 
     agreement; or
       (2) as otherwise provided by law.
                                 ______
                                 
  SA 450. Mr. COBURN (for himself, Ms. Collins, and Mrs. McCaskill) 
submitted an amendment intended to be proposed by him to the bill S. 
782, to amend the Public Works and Economic Development Act of 1965 to 
reauthorize that Act, and for other purposes; which was ordered to lie 
on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. ANNUAL REPORTS ON COST OF, PERFORMANCE BY, AND 
                   AREAS FOR IMPROVEMENTS FOR GOVERNMENT PROGRAMS.

       (a) Short Title.--This section may be cited as the 
     ``Taxpayers Right to Know Act''.
       (b) Requirements Relating to Annual Report on Cost of, 
     Performance by, and Areas for Improvements for Government 
     Programs.--
       (1) Requirement to identify and describe programs.--Each 
     fiscal year, for purposes of the report required by paragraph 
     (3), the head of each agency shall--
       (A) identify and describe every program administered by the 
     agency;
       (B) for each such program--
       (i) determine the total administrative expenses of the 
     program;
       (ii) determine the expenditures for services for the 
     program;
       (iii) estimate the number of clients served by the program 
     and beneficiaries who received assistance under the program 
     (if applicable); and
       (iv) estimate--

       (I) the number of full-time employees who administer the 
     program; and
       (II) the number of full-time equivalents (whose salary is 
     paid in part or full by the Federal Government through a 
     grant or contract or subaward of a grant or contract) who 
     assist in administering the program; and

       (C) identify programs within the Federal Government 
     (whether inside or outside the agency) with duplicative or 
     overlapping missions, services, and allowable uses of funds.
       (2) Relationship to catalog of domestic assistance.--With 
     respect to the requirements of paragraph (1)(A) and (B)(ii), 
     the head of an agency may use the same information provided 
     in the catalog of domestic and international assistance 
     programs in the case of any program that is a domestic or 
     international assistance program.
       (3) Report.--Not later than February 1 of each fiscal year, 
     the head of each agency shall publish on the official public 
     website of the agency a report containing the following:
       (A) The information required under paragraph (1) with 
     respect to the preceding fiscal year.
       (B) The latest performance reviews (including the program 
     performance reports required under section 1116 of title 31, 
     United States Code) of each program of the agency identified 
     under paragraph (1)(A), including performance indicators, 
     performance goals, output measures, and other specific 
     metrics used to review the program and how the program 
     performed on each.
       (C) For each program that makes payments, the latest 
     improper payment rate of the program and the total estimated 
     amount of improper payments, including fraudulent payments 
     and overpayments.
       (D) The total amount of unspent and unobligated program 
     funds held by the agency and grant recipients (not including 
     individuals) stated as an amount--
       (i) held as of the beginning of the fiscal year in which 
     the report is submitted; and
       (ii) held for 5 fiscal years or more.
       (E) Such recommendations as the head of the agency 
     considers appropriate--
       (i) to consolidate programs that are duplicative or 
     overlapping;
       (ii) to eliminate waste and inefficiency; and
       (iii) to terminate lower priority, outdated, and 
     unnecessary programs and initiatives.
       (4) Definitions.--In this section:
       (A) Administrative expenses.--The term ``administrative 
     costs'' has the meaning as determined by the Director of the 
     Office of Management and Budget under section 504(b)(2) of 
     Public Law 111-85 (31 U.S.C. 1105 note), except the term 
     shall also include, for purposes of that section and this 
     section, with respect to an agency--
       (i) costs incurred by the agency as well as costs incurred 
     by grantees, subgrantees, and other recipients of funds from 
     a grant program or other program administered by the agency; 
     and
       (ii) expenses related to personnel salaries and benefits, 
     property management, travel, program management, promotion, 
     reviews and audits, case management, and communication about, 
     promotion of, and outreach for programs and program 
     activities administered by the agency.
       (B) Services.--The term ``services'' has the meaning 
     provided by the Director of the Office of Management and 
     Budget and shall be limited to only activities, assistance, 
     and aid that provide a direct benefit to a recipient, such as 
     the provision of medical care, assistance for housing or 
     tuition, or financial support (including grants and loans).
       (C) Agency.--The term ``agency'' has the same meaning given 
     that term in section 551(1) of title 5, United States Code, 
     except that the term also includes offices in the legislative 
     branch other than the Government Accountability Office.
       (D) Performance indicator, performance goal, output 
     measure, program activity.--The terms ``performance 
     indicator'', ``performance goal'', ``output measure'', and 
     ``program activity'' have the meanings provided by section 
     1115 of title 31, United States Code.
       (E) Program.--The term ``program'' has the meaning provided 
     by the Director of the Office of Management and Budget and 
     shall include, with respect to an agency, any organized set 
     of activities directed toward a common purpose or goal 
     undertaken by the agency that includes services, projects, 
     processes, or financial or other forms of assistance, 
     including grants, contracts, loans, leases, technical 
     support, consultation, or other guidance.
       (c) Amendments to Catalog of Federal Domestic Assistance 
     Programs.--
       (1) Addition of international assistance programs.--
       (A) In general.--Section 6101 of title 31, United States 
     Code, is amended by adding at the end the following:
       ``(7) The term `international assistance' has the meaning 
     provided by the Director of the Office of Management and 
     Budget and shall include, with respect to an agency, 
     assistance including grants, contracts, loans, leases, and 
     other financial and technical support to--
       ``(A) foreign nations;
       ``(B) international organizations;
       ``(C) services provided by programs administered by any 
     agency outside of the territory of the United States; and
       ``(D) services funded by any agency provided in foreign 
     nations or outside of the territory of the United States by 
     non-governmental organizations and entities.
       ``(8) The term `assistance program' means each of the 
     following:
       ``(A) A domestic assistance program.
       ``(B) An international assistance program.''.
       (B) Conforming amendments.--
       (i) Section 6102 of title 31, Untied States Code, is 
     amended--

       (I) in subsection (a), in the matter preceding paragraph 
     (1), by striking ``domestic'' both places it appears; and
       (II) in subsection (b), by striking ``domestic''.

       (ii) Section 6104 of such title is amended--

       (I) in subsections (a and (b), by inserting ``and 
     international assistance'' after ``domestic assistance'' each 
     place it appears; and
       (II) in the section heading, by inserting ``and 
     international'' after ``domestic''.

[[Page 8956]]

       (2) Additional information required to be included 
     catalog.--Section 6104(b) of title 31, United States Code, is 
     amended--
       (A) by striking ``and'' at the end of paragraph (2);
       (B) by striking the period at the end of paragraph (3) and 
     inserting a semicolon; and
       (C) by adding at the end the following new paragraphs:
       ``(4) the information required in paragraphs (1) through 
     (4) of subsection (b) of the Taxpayers Right to Know Act;
       ``(5) the budget function or functions applicable to each 
     assistance program contained in the catalog;
       ``(6) with respect to each assistance program in the 
     catalog, an electronic link to the annual report required by 
     subsection (b)(2) of the Taxpayers Right to Know Act by the 
     agency that carries out the assistance program; and
       ``(7) the authorization and appropriation amount provided 
     by law for each assistance program in the catalog in the 
     current fiscal year, and a notation if the program is not 
     authorized in the current year, has not been authorized in 
     law, or does not receive a specific line item 
     appropriation.''.
       (3) Report related to compliance with catalog 
     requirements.--Section 6104 of title 31, United States Code, 
     is further amended by adding at the end the following new 
     subsection:
       ``(e) Compliance.--On the website of the catalog of Federal 
     domestic and international assistance information, the 
     Administrator shall provide the following:
       ``(1) Contact information.--The title and contact 
     information for the person in each agency responsible for the 
     implementation, compliance, and quality of the data in the 
     catalog.
       ``(2) Report.--An annual report compiled by the 
     Administrator of domestic assistance programs, international 
     assistance programs, and agencies with respect to which the 
     requirements of this chapter are not met.''.
       (4) Bulk downloads of data.--Section 6103 of such title is 
     amended by adding at the end the following new subsection:
       ``(d) Bulk Downloads.--The information in the catalog of 
     domestic and international assistance under section 6104 of 
     this title shall be available on a regular basis through bulk 
     downloads from the website of the catalog.''.
       (5) Revision to agency definition.--Section 6101(2) of such 
     title is amended by inserting before the period at the end 
     the following: ``except such term also includes offices in 
     the legislative branch other than the Government 
     Accountability Office''.
       (d) Regulations and Implementation.--
       (1) Regulations.--Not later than 120 days after the date of 
     the enactment of this Act, the Director of the Office of 
     Management and Budget shall prescribe regulations to 
     implement this section.
       (2) Implementation.--This section shall be implemented 
     beginning with the first full fiscal year occurring after the 
     date of the enactment of this Act.
                                 ______
                                 
  SA 451. Mr. COBURN submitted an amendment intended to be proposed by 
him to the bill S. 782, to amend the Public Works and Economic 
Development Act of 1965 to reauthorize that Act, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the end of the bill, insert the following:

     SEC. ___. PREVENTING DUPLICATIVE AND OVERLAPPING GOVERNMENT 
                   PROGRAMS.

       (a) Short Title.--This section may be cited as the 
     ``Preventing Duplicative and Overlapping Government Programs 
     Act''.
       (b) Amendment to the Standing Rules of the Senate.--
     Paragraph 11 of rule XXVI of the Standing Rules of the Senate 
     is amended--
       (1) in subparagraph (c), by striking ``and (b)'' and 
     inserting ``(b), and (c)'';
       (2) by redesignating subparagraph (c) and subparagraph (d); 
     and
       (3) by inserting after subparagraph (b) the following:
       ``(c) Each such report shall also contain--
       ``(1) an analysis by the Congressional Research Service to 
     determine if the bill or joint resolution creates any new 
     Federal program, office, or initiative that would duplicate 
     or overlap any existing Federal program, office, or 
     initiative with similar mission, purpose, goals, or 
     activities along with a listing of all of the overlapping or 
     duplicative Federal program or programs, office or offices, 
     or initiative or initiatives; and
       ``(2) an explanation provided by the committee as to why 
     the creation of each new program, office, or initiative is 
     necessary if a similar program or programs, office or 
     offices, or initiative or initiatives already exist.''.
                                 ______
                                 
  SA 452. Mr. COBURN submitted an amendment intended to be proposed by 
him to the bill S. 782, to amend the Public Works and Economic 
Development Act of 1965 to reauthorize that Act, and for other 
purposes; which was ordered to lie on the table; as follows:

       Beginning on page 2, strike line 1 and all that follows 
     through page 29, line 20, and insert the following:

     SEC. 2. FEDERAL SHARE.

       Section 204 of the Public Works and Economic Development 
     Act of 1965 (42 U.S.C. 3144) is amended to read as follows:

     ``SEC. 204. FEDERAL SHARE.

       ``The Federal share of the cost of any project carried out 
     under this title shall not exceed 40 percent.''.

     SEC. 3. AUTHORIZATION OF APPROPRIATIONS.

       Section 701 of the Public Works and Economic Development 
     Act of 1965 (42 U.S.C. 3231) is amended to read as follows:

     ``SEC. 701. AUTHORIZATION OF APPROPRIATIONS.

       ``(a) Economic Adjustment Assistance Program.--There is 
     authorized to be appropriated to carry out the program of 
     grants for economic adjustment assistance under section 209 
     $150,000,000 for each of fiscal years 2011 through 2015.
       ``(b) Termination of Other Programs.--Effective on the date 
     of enactment of the Economic Development Revitalization Act 
     of 2011, the Secretary may not carry out any programs under 
     this Act other than the program funded under subsection 
     (a).''.
                                 ______
                                 
  SA 453. Mrs. FEINSTEIN submitted an amendment intended to be proposed 
by her to the bill S. 782, to amend the Public Works and Economic 
Development Act of 1965 to reauthorize that Act, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ____. EXTENSION OF POSTAGE STAMP FOR BREAST CANCER 
                   RESEARCH.

       Section 414(h) of title 39, United States Code, is amended 
     by striking ``2011'' and inserting ``2015''.
                                 ______
                                 
  SA 454. Mrs. FEINSTEIN submitted an amendment intended to be proposed 
by her to the bill S. 782, to amend the Public Works and Economic 
Development Act of 1965 to reauthorize that Act, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 29, after line 20, add the following:

     SEC. 22. REQUIRED INSTALLATION AND USE IN PIPELINES OF 
                   REMOTELY OR AUTOMATICALLY CONTROLLED VALVES.

       Section 60102(j) of title 49, United States Code, is 
     amended by striking paragraph (3) and inserting the 
     following:
       ``(3) Remotely or automatically controlled valves.--
       ``(A) In general.--Not later than 18 months after the date 
     of the enactment of the Economic Development Revitalization 
     Act of 2011, the Secretary shall prescribe regulations 
     requiring the installation and use in pipelines and pipeline 
     facilities, wherever technically and economically feasible, 
     of remotely or automatically controlled valves that are 
     reliable and capable of shutting off the flow of gas in the 
     event of an accident, including accidents in which there is a 
     loss of the primary power source.
       ``(B) Consultations.--In developing regulations prescribed 
     in accordance with subparagraph (A), the Secretary shall 
     consult with appropriate groups from the gas pipeline 
     industry and pipeline safety experts.''.
                                 ______
                                 
  SA 455. Mrs. FEINSTEIN submitted an amendment intended to be proposed 
by her to the bill S. 782, to amend the Public Works and Economic 
Development Act of 1965 to reauthorize that Act, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the end of the bill, insert the following:

     SEC. ___. NO FIREARMS FOR FOREIGN FELONS ACT OF 2011.

       (a) Short Title.--This section may be cited as the ``No 
     Firearms for Foreign Felons Act of 2011''.
       (b) Definitions.--
       (1) Courts.--Section 921(a) of title 18, United States 
     Code, is amended by adding at the end the following:
       ``(JJ) The term `any court' includes any Federal, State, or 
     foreign court.''.
       (2) Exclusion of certain felonies.--Section 921(a)(20) of 
     title 18, United States Code, is amended--
       (A) in subparagraph (A), by striking ``any Federal or State 
     offenses'' and inserting ``any Federal, State, or foreign 
     offenses'';
       (B) in subparagraph (B), by striking ``any State offense 
     classified by the laws of the State'' and inserting ``any 
     State or foreign offense classified by the laws of that 
     jurisdiction''; and
       (C) in the matter following subparagraph (B), in the first 
     sentence, by inserting before the period the following: ``, 
     except that a foreign conviction shall not constitute a 
     conviction of such a crime if the convicted person 
     establishes that the foreign conviction resulted from a 
     denial of fundamental fairness that would violate due process 
     if committed in the United States or from conduct that would 
     be legal if committed in the United States''.
       (c) Domestic Violence Crimes.--Section 921(a)(33) of title 
     18, United States Code, is amended--
       (1) in subparagraph (A), by striking ``subparagraph (C)'' 
     and inserting ``subparagraph (B)''; and

[[Page 8957]]

       (2) in subparagraph (B)(ii), by striking ``if the 
     conviction has'' and inserting the following: ``if the 
     conviction--
       ``(I) occurred in a foreign jurisdiction and the convicted 
     person establishes that the foreign conviction resulted from 
     a denial of fundamental fairness that would violate due 
     process if committed in the United States or from conduct 
     that would be legal if committed in the United States; or
       ``(II) has''.
       (d) Penalties.--Section 924(e)(2)(A)(ii) of title 18, 
     United States Code, is amended--
       (1) by striking ``an offense under State law'' and 
     inserting ``an offense under State or foreign law''; and
       (2) by inserting before the semicolon the following: ``, 
     except that a foreign conviction shall not constitute a 
     conviction of such a crime if the convicted person 
     establishes that the foreign conviction resulted from a 
     denial of fundamental fairness that would violate due process 
     if committed in the United States or from conduct that would 
     be legal if committed in the United States''.
                                 ______
                                 
  SA 456. Mrs. FEINSTEIN submitted an amendment intended to be proposed 
by her to the bill S. 782, to amend the Public Works and Economic 
Development Act of 1965 to reauthorize that Act, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the end, add the following:

     SEC. 22. ASSISTANCE FOR STATES INCARCERATING UNDOCUMENTED 
                   ALIENS CHARGED WITH CERTAIN CRIMES.

       Section 241(i)(3)(A) of the Immigration and Nationality Act 
     (8 U.S.C. 1231(i)(3)(A)) is amended by inserting ``charged 
     with or'' before ``convicted''.
                                 ______
                                 
  SA 457. Ms. STABENOW (for herself and Mr. Brown of Ohio) submitted an 
amendment intended to be proposed by her to the bill S. 782, to amend 
the Public Works and Economic Development Act of 1965 to reauthorize 
that Act, and for other purposes; which was ordered to lie on the 
table; as follows:

       On page 2, strike lines 8 through 10 and insert the 
     following:
       (2) in subsection (b)--
       (A) by redesignating paragraph (4) as paragraph (5); and
       (B) by striking paragraph (3) and inserting the following:
       ``(3) since, depending on local conditions, assets, and 
     challenges, local communities create businesses and jobs in 
     different ways, the Economic Development Administration 
     should take into consideration the unique circumstances and 
     opportunities of local community applicants, and invest in 
     localities that are creating or retaining jobs through a 
     variety of approaches;
       ``(4) whether suffering from long-term distress''.
       On page 12, between lines 11 and 12 insert the following:

     SEC. 10. FLEXIBILITY FOR MANUFACTURING COMMUNITIES.

       Section 209(b) of the Public Works and Economic Development 
     Act of 1965 (42 U.S.C. 3149(b)) is amended--
       (1) in paragraph (1), by redesignating subparagraphs (A) 
     and (B) as clauses (i) and (ii), respectively, and indenting 
     the clauses appropriately;
       (2) by redesignating paragraphs (1) and (2) as 
     subparagraphs (A) and (B), respectively, and indenting the 
     subparagraphs appropriately;
       (3) by striking ``The Secretary'' and inserting the 
     following:
       ``(1) In general.--Subject to paragraph (2), the 
     Secretary''; and
       (4) by adding at the end the following:
       ``(2) Manufacturing communities.--The Secretary may provide 
     assistance under this section if the Secretary determines 
     that--
       ``(A) the project will help the area to meet a special need 
     arising from--
       ``(i) actual or threatened severe unemployment in the 
     manufacturing sector; or
       ``(ii) economic adjustment problems resulting from severe 
     changes in economic conditions in the manufacturing sector; 
     and
       ``(B)(i) the area for which the project is to be carried 
     out meets the criteria described in paragraph (1)(B); or
       ``(ii) the area for which the project is to be carried out 
     has a streamlined strategy consisting of any economic plan 
     submitted by an eligible recipient that receives written 
     approval by the Governor of the State.''.
       On page 13, line 11, insert ``(including automotive 
     manufacturing and supply)'' before ``, natural resource-
     based''.
       On page 29, line 8, strike ``Not later'' and insert ``(a) 
     In General.--Not later''.
       At the end, add the following:
       (b) Recommendations.--The report submitted under subsection 
     (a) shall include any recommendations of the Government 
     Accountability Office on how to consolidate the duplicative, 
     ad hoc, out-of-date, and inadequate programs identified in 
     the report.

           TITLE II--REGIONAL ECONOMIC RECOVERY COORDINATION

     SEC. 201. SHORT TITLE.

       This title may be cited as the ``Regional Economic Recovery 
     Coordination Act of 2011''.

     SEC. 202. PURPOSE.

       The purpose of this title is to assist eligible regions 
     affected by sudden and severe economic dislocation in the 
     period beginning on January 1, 2006, by--
       (1) identifying and coordinating Federal, State, and local 
     economic development resources;
       (2) providing technical assistance in support of regional 
     economic development strategies; and
       (3) integrating public and private economic development 
     strategies for those regions.

     SEC. 203. DEFINITIONS.

       In this title:
       (1) Eligible region.--The term ``eligible region'' means a 
     region that has been certified by the Secretary under section 
     204(a).
       (2) Mass layoff.--The term ``mass layoff'' has the meaning 
     given the term in section 2 of the Worker Adjustment and 
     Retraining Notification Act (29 U.S.C. 2101).
       (3) Plant closing.--The term ``plant closing'' has the 
     meaning given the term in section 2 of the Worker Adjustment 
     and Retraining Notification Act (29 U.S.C. 2101).
       (4) Rural community.--The term ``rural community'' means a 
     community that has a rural-urban continuum code of 4, 5, 6, 
     7, 8, or 9, as defined by the Economic Research Service of 
     the Department of Agriculture.
       (5) Secretary.--The term ``Secretary'' means the Secretary 
     of Commerce.
       (6) Sudden and severe economic dislocation.--The term 
     ``sudden and severe economic dislocation'' has the same 
     meaning as used in section 209(a) of the Public Works and 
     Economic Development Act of 1965 (42 U.S.C. 3149).
       (7) Urban community.--The term ``urban community'' means a 
     community that has a rural-urban continuum code of 1, 2, or 
     3, as defined by the Economic Research Service of the 
     Department of Agriculture.

     SEC. 204. NOTIFICATION AND CERTIFICATION.

       (a) Certification.--
       (1) In general.--The Secretary may certify for purposes of 
     this title the region in which the plant closing or mass 
     layoff is located if 1 or more of the conditions described in 
     paragraph (2) apply.
       (2) Applicable conditions.--The conditions referred to in 
     paragraph (1) with respect to a region are that--
       (A) if the region is comprised of an urban community, not 
     fewer than 500 individuals employed in that community have 
     received written notices under section 3 of the Worker 
     Adjustment and Retraining Notification Act (29 U.S.C. 2102) 
     in the most recent 180-day period for which data are 
     available;
       (B) if the region is comprised of a rural community, not 
     fewer than 300 individuals employed in that community have 
     received written notices under section 3 of the Worker 
     Adjustment and Retraining Notification Act (29 U.S.C. 2102) 
     in the most recent 180-day period for which data are 
     available; and
       (C) the unemployment rate for the region is not less than 1 
     percent greater than the national unemployment rate for the 
     most recent 12-month period for which data are available 
     through the Bureau of Labor Statistics.
       (b) Notification to Certified Regions.--Not later than 15 
     days after the Secretary certifies a region under subsection 
     (a), the Secretary shall notify the Governor of the State of 
     that region and the officials of that region of--
       (1) the certification;
       (2) the provisions of this title; and
       (3) the manner in which to access the central information 
     clearinghouse maintained under section 502(1) of the Public 
     Works and Economic Development Act of 1965 (42 U.S.C. 
     3192(1)).

     SEC. 205. FEDERAL ECONOMIC RECOVERY COORDINATORS.

       (a) Assignment.--
       (1) In general.--Upon the request of an eligible region, 
     the Secretary shall assign a Federal economic recovery 
     coordinator to that region to carry out the duties described 
     in subsection (b).
       (2) Assignment of federal personnel.--The Secretary may 
     assign personnel of the Department of Commerce to serve as 
     Federal economic recovery coordinators in accordance with the 
     applicable provisions of subchapter VI of chapter 33 of title 
     5, United States Code.
       (b) Duties.--The duties of a Federal economic recovery 
     coordinator assigned under subsection (a) to an eligible 
     region are--
       (1) to provide technical assistance to the eligible region 
     and assist in the development of a comprehensive economic 
     development strategy (as that term is used in sections 203 
     and 302 of the Public Works and Economic Development Act of 
     1965 (42 U.S.C. 3143 and 3162)) for the region, including 
     applying for applicable grants to develop or implement the 
     plan;
       (2) at the local or regional level, to coordinate the 
     response of all Federal agencies offering economic adjustment 
     assistance to the eligible region;
       (3) to act as a liaison between the eligible region and all 
     Federal agencies that offer economic adjustment assistance to 
     eligible regions, including--
       (A) the Department of Agriculture;
       (B) the Department of Defense;
       (C) the Department of Education;
       (D) the Department of Labor;

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       (E) the Department of Housing and Urban Development;
       (F) the Department of Health and Human Services;
       (G) the Small Business Administration;
       (H) the Department of the Treasury;
       (I) the National Economic Council;
       (J) the Department of Commerce;
       (K) the Environmental Protection Agency; and
       (L) the Department of Transportation;
       (4) to report regularly to the Secretary regarding the 
     progress of economic adjustment in the eligible region; and
       (5) to perform such other duties as the Secretary considers 
     to be appropriate.

     SEC. 206. AUTHORIZATION OF APPROPRIATIONS.

       For each of fiscal years 2011 through 2013, of the amounts 
     made available under section 701 of the Public Works and 
     Economic Development Act of 1965 (42 U.S.C. 3231), there are 
     authorized to be appropriated to carry out this title such 
     sums as are necessary.
                                 ______
                                 
  SA 458. Mr. LEE submitted an amendment intended to be proposed by him 
to the bill S. 782, to amend the Public Works and Economic Development 
Act of 1965 to reauthorize that Act, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the end, add the following:

     SEC. 22. COST-BENEFIT ANALYSIS FOR RULEMAKING.

       Notwithstanding any other provision of law, each rule 
     required to be issued under the Dodd-Frank Wall Street Reform 
     and Consumer Protection Act, or any amendment made by that 
     Act, shall be accompanied by a cost-benefit analysis for that 
     rule.

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