S.Amdt. 3315

SA 3315. Mr. SESSIONS (for himself and Mrs. McCaskill) submitted an
amendment intended to be proposed to amendment SA 3310 proposed by Mr.
Reid to the bill H.R. 2847, making appropriations for the Departments
of Commerce and Justice, and Science, and Related Agencies for the
fiscal year ending September 30, 2010, and for other purposes; which
was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. _01. DISCRETIONARY SPENDING LIMITS.

(a) In General.--Title III of the Congressional Budget Act
of 1974 is amended by inserting at the end the following:

``discretionary spending limits

``Sec. 316.  (a) Discretionary Spending Limits.--It shall
not be in order in the House of Representatives or the Senate
to consider any bill, joint resolution, amendment, or
conference report that includes any provision that would
cause the discretionary spending limits as set forth in this
section to be exceeded.
``(b) Limits.--In this section, the term `discretionary
spending limits' has the following meaning subject to
adjustments in subsection (c):
``(1) For fiscal year 2011--
``(A) for the defense category (budget function 050),
$564,293,000,000 in budget authority; and
``(B) for the nondefense category, $529,662,000,000 in
budget authority.
``(2) For fiscal year 2012--
``(A) for the defense category (budget function 050),
$573,612,000,000 in budget authority; and
``(B) for the nondefense category, $533,232,000,000 in
budget authority.
``(3) For fiscal year 2013--
``(A) for the defense category (budget function 050),
$584,421,000,000 in budget authority; and
``(B) for the nondefense category, $540,834,000,000 in
budget authority.
``(4) For fiscal year 2014--
``(A) for the defense category (budget function 050),
$598,249,000,000 in budget authority; and
``(B) for the nondefense category, $550,509,000,000 in
budget authority.
``(5) With respect to fiscal years following 2014, the
President shall recommend and the Congress shall consider
legislation setting limits for those fiscal years.
``(c) Adjustments.--
``(1) In general.--After the reporting of a bill or joint
resolution relating to any matter described in paragraph (2),
or the offering of an amendment thereto or the submission of
a conference report thereon--
``(A) the Chairman of the Senate Committee on the Budget
may adjust the discretionary spending limits, the budgetary
aggregates in the concurrent resolution on the budget most
recently adopted by the Senate and the House of
Representatives, and allocations pursuant to section 302(a)
of the Congressional Budget Act of 1974, by the amount of new
budget authority in that measure for that purpose and the
outlays flowing there from; and

[[Page S627]]

``(B) following any adjustment under subparagraph (A), the
Senate Committee on Appropriations may report appropriately
revised suballocations pursuant to section 302(b) of the
Congressional Budget Act of 1974 to carry out this
subsection.
``(2) Matters described.--Matters referred to in paragraph
(1) are as follows:
``(A) Overseas deployments and other activities.--If a bill
or joint resolution is reported making appropriations for
fiscal year 2011, 2012, 2013, or 2014, that provides funding
for overseas deployments and other activities, the adjustment
for purposes paragraph (1) shall be the amount of budget
authority in that measure for that purpose but not to
exceed--
``(i) with respect to fiscal year 2011, $50,000,000,000 in
new budget authority;
``(ii) with respect to fiscal year 2012, $50,000,000,000 in
new budget authority;
``(iii) with respect to fiscal year 2013, $50,000,000,000
in new budget authority: and
``(iv) with respect to fiscal year 2014, $50,000,000,000 in
new budget authority.
``(B) Emergency spending.--For fiscal year 2011, 2012,
2013, or 2014 for appropriations for discretionary accounts
designated as emergency requirements, the adjustment for
purposes of paragraph (1) shall be the total of such
appropriations in discretionary accounts designated as
emergency requirements, but not to exceed $10,454,000,000 for
2011, $10,558,000,000 for 2012, $10,664,000,000 for 2013, and
$10,877,000,000 for 2014. Appropriations designated as
emergencies in excess of these limitations shall be treated
as new budget authority.
``(C) Internal revenue service tax enforcement.--
``(i) In general.--If a bill or joint resolution is
reported making appropriations for fiscal year 2011, 2012,
2013, or 2014 that includes the amount described in clause
(ii)(I), plus an additional amount for enhanced tax
enforcement to address the Federal tax gap (taxes owed but
not paid) described in clause (ii)(II), the adjustment for
purposes of paragraph (1) shall be the amount of budget
authority in that measure for that initiative not exceeding
the amount specified in clause (ii)(II) for that fiscal year.
``(ii) Amounts.--The amounts referred to in clause (i) are
as follows:

``(I) For fiscal year 2011, $7,171,000,000, for fiscal year
2012, $7,243,000,000, for fiscal year 2013, $7,315,000,000,
and for fiscal year 2014, $7,461,000,000.
``(II) For fiscal year 2011, $899,000,000, for fiscal year
2012, $908,000,000, for fiscal year 2013, $917,000,000, and
for fiscal year 2014, $935,000,000.

``(D) Continuing disability reviews and ssi
redeterminations.--
``(i) In general.--If a bill or joint resolution is
reported making appropriations for fiscal year 2011, 2012,
2013, or 2014 that includes the amount described in clause
(ii)(I), plus an additional amount for Continuing Disability
Reviews and Supplemental Security Income Redeterminations for
the Social Security Administration described in clause
(ii)(II), the adjustment for purposes of paragraph (1) shall
be the amount of budget authority in that measure for that
initiative not exceeding the amount specified in clause
(ii)(II) for that fiscal year.
``(ii) Amounts.--The amounts referred to in clause (i) are
as follows:

``(I) For fiscal year 2011, $276,000,000; for fiscal year
2012, $278,000,000; for fiscal year 2013, $281,000,000; for
fiscal year 2014, $287,000,000.
``(II) For fiscal year 2011, $490,000,000; for fiscal year
2012, $495,000,000; for fiscal year 2013, $500,000,000; for
fiscal year 2014, $510,000,000.

``(iii) Asset verification.--

``(I) In general.--The additional appropriation permitted
under clause (ii)(II) may also provide that a portion of that
amount, not to exceed the amount specified in subclause (II)
for that fiscal year instead may be used for asset
verification for Supplemental Security Income recipients, but
only if, and to the extent that the Office of the Chief
Actuary estimates that the initiative would be at least as
cost effective as the redeterminations of eligibility
described in this subparagraph.
``(II) Amounts.--For fiscal year 2011, $34,340,000, for
fiscal year 2012, $34,683,000, for fiscal year 2013,
$35,030,000 and for fiscal year 2014, $35,731,000.

``(E) Health care fraud and abuse.--
``(i) In general.--If a bill or joint resolution is
reported making appropriations for fiscal year 2011, 2012,
2013, or 2014 that includes the amount described in clause
(ii) for the Health Care Fraud and Abuse Control program at
the Department of Health & Human Services for that fiscal
year, the adjustment for purposes of paragraph (1) shall be
the amount of budget authority in that measure for that
initiative but not to exceed the amount described in clause
(ii).
``(ii) Amount.--The amount referred to in clause (i) is for
fiscal year 2011, $314,000,000, for fiscal year 2012,
$317,000,000, for fiscal year 2013, $320,000,000, and for
fiscal year 2014, $327,000,000.
``(F) Unemployment insurance improper payment reviews.--If
a bill or joint resolution is reported making appropriations
for fiscal year 2011, 2012, 2013, or 2014 that includes
$10,000,000, plus an additional amount for in-person
reemployment and eligibility assessments and unemployment
improper payment reviews for the Department of Labor, the
adjustment for purposes paragraph (1) shall be the amount of
budget authority in that measure for that initiative but not
to exceed--
``(i) with respect to fiscal year 2011, $51,000,000 in new
budget authority; and
``(ii) with respect to fiscal year 2012, $51,000,000 in new
budget authority.
``(iii) with respect to fiscal year 2013, $52,000,000 in
new budget authority; and
``(iv) with respect to fiscal year 2014, $53,000,000 in new
budget authority.
``(G) Low-income home energy assistance program (liheap).--
If a bill or joint resolution is reported making
appropriations for fiscal year 2011, 2012, 2013, or 2014 that
includes $3,200,000,000 in funding for the Low-Income Home
Energy Assistance Program and provides an additional amount
up to $1,900,000,000 for that program, the adjustment for
purposes of paragraph (1) shall be the amount of budget
authority in that measure for that initiative but not to
exceed $1,900,000,000.
``(d) Emergency Spending.--
``(1) Authority to designate.--In the Senate, with respect
to a provision of direct spending or receipts legislation or
appropriations for discretionary accounts that Congress
designates as an emergency requirement in such measure, the
amounts of new budget authority, outlays, and receipts in all
fiscal years resulting from that provision shall be treated
as an emergency requirement for the purpose of this
subsection.
``(2) Exemption of emergency provisions.--Subject to the
limitations provided in subsection (c)(2)(B), any new budget
authority, outlays, and receipts resulting from any provision
designated as an emergency requirement, pursuant to this
subsection, in any bill, joint resolution, amendment, or
conference report shall not count for purposes of sections
302 and 311 of the Congressional Budget Act of 1974, section
201 of S. Con. Res. 21 (110th Congress) (relating to pay-as-
you-go), and section 311 of S. Con. Res. 70 (110th Congress)
(relating to long-term deficits).
``(3) Designations.--If a provision of legislation is
designated as an emergency requirement under this subsection,
the committee report and any statement of managers
accompanying that legislation shall include an explanation of
the manner in which the provision meets the criteria in
paragraph (6).
``(4) Definitions.--In this subsection, the terms `direct
spending', `receipts', and `appropriations for discretionary
accounts' mean any provision of a bill, joint resolution,
amendment, motion, or conference report that affects direct
spending, receipts, or appropriations as those terms have
been defined and interpreted for purposes of the Balanced
Budget and Emergency Deficit Control Act of 1985.
``(5) Point of order.--
``(A) In general.--When the Senate is considering a bill,
resolution, amendment, motion, or conference report, if a
point of order is made by a Senator against an emergency
designation in that measure, that provision making such a
designation shall be stricken from the measure and may not be
offered as an amendment from the floor.
``(B) Supermajority waiver and appeals.--
``(i) Waiver.--Subparagraph (A) may be waived or suspended
in the Senate only by an affirmative vote of three-fifths of
the Members, duly chosen and sworn.
``(ii) Appeals.--Appeals in the Senate from the decisions
of the Chair relating to any provision of this paragraph
shall be limited to 1 hour, to be equally divided between,
and controlled by, the appellant and the manager of the bill
or joint resolution, as the case may be. An affirmative vote
of three-fifths of the Members of the Senate, duly chosen and
sworn, shall be required to sustain an appeal of the ruling
of the Chair on a point of order raised under this paragraph.
``(C) Definition of an emergency designation.--For purposes
of subparagraph (A), a provision shall be considered an
emergency designation if it designates any item as an
emergency requirement pursuant to this paragraph.
``(D) Form of the point of order.--A point of order under
subparagraph (A) may be raised by a Senator as provided in
section 313(e) of the Congressional Budget Act of 1974.
``(E) Conference reports.--When the Senate is considering a
conference report on, or an amendment between the Houses in
relation to, a bill, upon a point of order being made by any
Senator pursuant to this paragraph, and such point of order
being sustained, such material contained in such conference
report shall be deemed stricken, and the Senate shall proceed
to consider the question of whether the Senate shall recede
from its amendment and concur with a further amendment, or
concur in the House amendment with a further amendment, as
the case may be, which further amendment shall consist of
only that portion of the conference report or House
amendment, as the case may be, not so stricken. Any such
motion in the Senate shall be debatable. In any case in which
such point of order is sustained against a conference report
(or Senate amendment derived from such conference report by
operation of this subsection), no further amendment shall be
in order.
``(6) Criteria.--
``(A) In general.--For purposes of this subsection, any
provision is an emergency requirement if the situation
addressed by such provision is--
``(i) necessary, essential, or vital (not merely useful or
beneficial);

[[Page S628]]

``(ii) sudden, quickly coming into being, and not building
up over time;
``(iii) an urgent, pressing, and compelling need requiring
immediate action;
``(iv) subject to clause (ii), unforeseen, unpredictable,
and unanticipated; and
``(v) not permanent, temporary in nature.
``(7) Unforeseen.--An emergency that is part of an
aggregate level of anticipated emergencies, particularly when
normally estimated in advance, is not unforeseen.
``(e) Limitations on Changes to Exemptions.--It shall not
be in order in the Senate or the House of Representatives to
consider any bill, resolution, amendment, or conference
report that would exempt any new budget authority, outlays,
and receipts from being counted for purposes of this section.
``(f) Point of Order in the Senate.--
``(1) Waiver.--The provisions of this section shall be
waived or suspended in the Senate only--
``(A) by the affirmative vote of two-thirds of the Members,
duly chosen and sworn; or
``(B) in the case of the defense budget authority, if
Congress declares war or authorizes the use of force.
``(2) Appeal.--Appeals in the Senate from the decisions of
the Chair relating to any provision of this section shall be
limited to 1 hour, to be equally divided between, and
controlled by, the appellant and the manager of the measure.
An affirmative vote of two-thirds of the Members of the
Senate, duly chosen and sworn, shall be required to sustain
an appeal of the ruling of the Chair on a point of order
raised under this section.
``(3) Limitations on changes to this subsection.--It shall
not be in order in the Senate or the House of Representatives
to consider any bill, resolution, amendment, or conference
report that would repeal or otherwise change this
subsection.''.
(b) Table of Contents.--The table of contents set forth in
section 1(b) of the Congressional Budget and Impoundment
Control Act of 1974 is amended by inserting after the item
relating to section 315 the following new item:

``Sec. 316. Discretionary spending limits.''.
SA 3316. Ms. LANDRIEU submitted an amendment intended to be proposed
to amendment SA 3310 proposed by Mr. Reid to the bill H.R. 2847, making
appropriations for the Departments of Commerce and Justice, and
Science, and Related Agencies for the fiscal year ending September 30,
2010, and for other purposes; which was ordered to lie on the table; as
follows:

At the end, add the following:

TITLE __--SMALL BUSINESS LOANS

SEC. __01. SHORT TITLE.

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

Subtitle A--Next Steps for Main Street Credit Availability

SEC. __21. SECTION 7(A) BUSINESS LOANS.

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

SEC. __22. MAXIMUM LOAN AMOUNTS UNDER 504 PROGRAM.

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

SEC. __23. MAXIMUM LOAN LIMITS UNDER MICROLOAN PROGRAM.

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

SEC. __24. TEMPORARY FEE REDUCTIONS.

Section 501 of the American Recovery and Reinvestment Act
of 2009 (Public Law 111-5; 123 Stat. 151) is amended by
striking ``September 30, 2010'' each place that term appears
and inserting ``December 31, 2010''.

SEC. __25. NEW MARKETS VENTURE CAPITAL COMPANY INVESTMENT
LIMITATIONS.

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

SEC. __26. ALTERNATIVE SIZE STANDARDS.

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

SEC. __27. SALE OF 7(A) LOANS IN SECONDARY MARKET.

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

SEC. __28. ONLINE LENDING PLATFORM.

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

Subtitle B--Small Business Access to Capital

SEC. __42. LOW-INTEREST REFINANCING UNDER THE LOCAL
DEVELOPMENT BUSINESS LOAN PROGRAM.

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

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

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

``(I) the amount of the financing is not more than 80
percent of the value of the collateral for the financing,
except that, if the appraised value of the eligible fixed
assets

[[Page S629]]

serving as collateral for the financing is less than the
amount equal to 125 percent of the amount of the financing,
the borrower may provide additional cash or other collateral
to eliminate any deficiency;
``(II) the borrower has been in operation for all of the 2-
year period ending on the date of the loan; and
``(III) for a financing for which the Administrator
determines there will be an additional cost attributable to
the refinancing of the qualified debt, the borrower agrees to
pay a fee in an amount equal to the anticipated additional
cost.

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

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

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

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

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

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

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

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

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