S.Amdt. 2435
What it does: 23 changes: replaces text in 12 places, strikes text in 5 places, inserts text in 6 placesWhat it changes
23 changes to S. 3240
The Congressional Record cuts off the end of this amendment, so some changes may be missing.
We couldn't read part of this amendment. That part is shown as written below.
Change 1: Rewrites page 764, lines 9–15
ReplacesPrinted pageRemoves page 764, lines 9–15 of the printed bill. See that page
Inserted: (A) In general.--In making grants, loans, or loan guarantees under paragraph (1), the Secretary shall--
Inserted: (i) establish not less than 2, and not more than 4, evaluation periods for each fiscal year to compare grant, loan, and loan guarantee applications and to prioritize grants, loans, and loan guarantees to all or part of rural communities that do not have residential broadband service that meets the minimum acceptable level of broadband service established under subsection (e);
Inserted: (ii) give the highest priority to applicants that offer to provide broadband service to the greatest proportion of unserved rural households or rural households that do not have residential broadband service that meets the minimum acceptable level of broadband service established under subsection (e), as--
Inserted: (I) certified by the affected community, city, county, or designee; or
Inserted: (II) demonstrated on--
Inserted: (aa) the broadband map of the affected State if the map contains address-level data; or
Inserted: (bb) the National Broadband Map if address-level data is unavailable; and
Inserted: (iii) give a higher priority to applicants that have not previously received grants, loans, or loan guarantees under paragraph (1) and that are seeking to build out unserved areas or to upgrade rural households to the minimum acceptable level of broadband service established under subsection (e).
Original wording
On page 764, strike lines 9 through 15 and insert the following:
Change 2: Strikes “and”
Struck: and
Original wording
On page 765, line 22, strike “and”
Change 3: Replaces the period at the end of page 766, line 7 with “; and”
ReplacesPrinted page…
[struck: .][inserted: ; and]Original wording
On page 766, line 7, strike the period at the end and insert “; and”.
Change 4: Inserts new text on page 766, between lines 7 and 8
InsertsPrinted pageInserted: (v) targeted funding to provide the minimum acceptable level of broadband service established under subsection (e) in all or part of an unserved community that is below that minimum acceptable level of broadband service.
Original wording
On page 766, between lines 7 and 8, insert the following:
Change 5: Inserts new text on page 766, between lines 21 and 22
InsertsPrinted pageInserted: (i) by striking clause (i) and inserting the following:
Inserted: "(i) demonstrate the ability to furnish, improve in order to meet the minimum acceptable level of broadband service established under subsection (e), or extend broadband service to all or part of an unserved rural area or an area below the minimum acceptable level of broadband service established under subsection (e);";
Original wording
On page 766, between lines 21 and 22, insert the following:
Change 6: Strikes “(ii)”
Struck: (ii)
Original wording
On page 766, line 22, strike “(ii)”
Change 7: Strikes “(iii)”
Struck: (iii)
Original wording
On page 766, line 25, strike “(iii)”
Change 8: Rewrites page 767, lines 8–18
ReplacesPrinted pageRemoves page 767, lines 8–18 of the printed bill. See that page
Inserted: (B) in paragraph (2)--
Inserted: (i) in subparagraph (A)--
Inserted: (I) in the matter preceding clause (i)--
Inserted: (aa) by striking "the proceeds of a loan made or guaranteed" and inserting "assistance"; and
Inserted: (bb) by striking "for the loan or loan guarantee" and inserting "of the eligible entity";
Inserted: (II) in clause (i), by striking "is offered broadband service by not more than 1 incumbent service provider" and inserting "are unserved or have service levels below the minimum acceptable level of broadband service established under subsection (e)"; and
Inserted: (III) in clause (ii), by striking "3" and inserting "2";
Inserted: (ii) by striking subparagraph (B);
Inserted: (iii) by redesignating subparagraph (C) as subparagraph (B); and
Inserted: (iv) in subparagraph (B) (as so redesignated)--
Inserted: (I) in the subparagraph heading, by striking "3" and inserting "2"; and
Inserted: (II) in clause (i), by inserting "the minimum acceptable level of broadband service established under subsection (e) in" after "service to";
Show 18 more inserted paragraphsShow less
Inserted: (C) in paragraph (3)--
Inserted: (i) in subparagraph (A), by striking "loan or" and inserting "grant, loan, or"; and
Inserted: (ii) in subparagraph (B), by adding at the end the following:
Inserted: "(iii) Information.--Information submitted under this subparagraph shall be--
Inserted: "(I) certified by the affected community, city, county, or designee; and
Inserted: "(II) demonstrated on--
Inserted: "(aa) the broadband map of the affected State if the map contains address-level data; or
Inserted: "(bb) the National Broadband Map if address-level data is unavailable.";
Inserted: (D) in paragraph (4)--
Inserted: (i) by striking "Subject to paragraph (1)," and inserting the following:
Inserted: "(A) In general.--Subject to paragraph (1) and subparagraph (B),";
Inserted: (ii) by striking "loan or" and inserting "grant, loan, or"; and
Inserted: (iii) by adding at the end the following:
Inserted: "(B) Pilot programs.--The Secretary may carry out pilot programs in conjunction with interested entities described in subparagraph (A) (which may be in partnership with other entities, as determined appropriate by the Secretary) to address areas that are unserved or have service levels below the minimum acceptable level of broadband service established under subsection (e).";
Inserted: (E) in paragraph (5)--
Inserted: (i) in the matter preceding subparagraph (A), by striking "loan or" and inserting "grant, loan, or"; and
Inserted: (ii) in subparagraph (C), by inserting ", and proportion relative to the service territory," after "estimated number";
Inserted: (F) in paragraph (6), by striking "loan or" and inserting "grant, loan, or";
Original wording
On page 767, strike lines 8 through 18 and insert the following:
Change 9: Replaces “(D)” with “(G)”
[struck: (D)][inserted: (G)]Original wording
On page 767, line 19, strike “(D)” and insert “(G)”.
Change 10: Replaces “(E)” with “(H)”
[struck: (E)][inserted: (H)]Original wording
On page 767, line 22, strike “(E)” and insert “(H)”.
Change 11: Rewrites page 769, lines 5–12
ReplacesPrinted pageRemoves page 769, lines 5–12 of the printed bill. See that page
Inserted: (C) shall, in addition to other authority under applicable law, establish written procedures for all broadband programs administered by the Secretary that, to the maximum extent practicable--
Inserted: (i) recover funds from loan defaults;
Inserted: (ii)(I) deobligate awards to grantees that demonstrate an insufficient level of performance (including failure to meet build-out requirements, service quality issues, or other metrics determined by the Secretary) or wasteful or fraudulent spending; and
Inserted: (II) award those funds, on a competitive basis, to new or existing applicants consistent with this section; and
Inserted: (iii) consolidate and minimize overlap among the programs; and
Original wording
On page 769, strike lines 5 through 12 and insert the following:
Change 12: Strikes “and”
Struck: and
Original wording
On page 769, line 12 strike “and”.
Change 13: Inserts new text on page 769, between lines 12 and 13
InsertsPrinted pageInserted: (D) with respect to an application for assistance under this section, shall--
Inserted: (i) promptly post on the website of the Rural Utility Service--
Inserted: (I) an announcement that identifies--
Inserted: (aa) each applicant;
Inserted: (bb) the amount and type of support requested by each applicant; and
Inserted: (II) a list of the census block groups or proposed service territory, in a manner specified by the Secretary, that the applicant proposes to service;
Inserted: (ii) provide not less than 15 days for broadband service providers to voluntarily submit information about the broadband services that the providers offer in the groups or tracts listed under clause (i)(II) so that the Secretary may assess whether the applications submitted meet the eligibility requirements under this section; and
Inserted: (iii) if no broadband service provider submits information under clause (ii), consider the number of providers in the group or tract to be established by reference to
Inserted: (I) the most current National Broadband Map of the National Telecommunications and Information Administration; or
Inserted: (II) any other data regarding the availability of broadband service that the Secretary may collect or obtain through reasonable efforts; and
Original wording
On page 769, between lines 12 and 13, insert the following:
Change 14: Replaces “(D)” with “(E)”
[struck: (D)][inserted: (E)]Original wording
On page 769, line 13, strike “(D)” and insert “(E)”.
Change 15: Inserts new text on page 769, between lines 16 and 17
InsertsPrinted pageInserted: (5) in subsection (e)--
Inserted: (A) by redesignating paragraph (2) as paragraph (3); and
Inserted: (B) by striking paragraph (1) and inserting the following:
Inserted: "(1) In general.--Subject to paragraph (2), for purposes of this section, the minimum acceptable level of broadband service for a rural area shall be at least--
Inserted: "(A) a 4-Mbps downstream transmission capacity; and
Inserted: "(B) a 1-Mbps upstream transmission capacity.
Inserted: "(2) Adjustments.--At least once every 2 years, the Secretary shall review, and may adjust, the minimum acceptable level of broadband service established under paragraph (1) to ensure that high quality, cost-effective broadband service is provided to rural areas over time.";
Original wording
On page 769, between lines 16 and 17, insert the following:
Change 16: Replaces “(5)” with “(6)”
[struck: (5)][inserted: (6)]Original wording
On page 769, line 17, strike “(5)” and insert “(6)”.
Change 17: Inserts new text on page 769, between lines 19 and 20
InsertsPrinted pageInserted: (7) in subsection (g), by striking paragraph (2) and inserting the following:
Inserted: "(2) Terms.--In determining the term and conditions of a loan or loan guarantee, the Secretary may--
Inserted: "(A) consider whether the recipient would be serving an area that is unserved; and
Inserted: "(B) if the Secretary makes a determination in the affirmative under subparagraph (A), establish a limited initial deferral period or comparable terms necessary to achieve the financial feasibility and long-term sustainability of the project.";
Original wording
On page 769, between lines 19 and 20, insert the following:
Change 18: Replaces “(6)” with “(8)”
[struck: (6)][inserted: (8)]Original wording
On page 769, line 20, strike “(6)” and insert “(8)”.
Change 19: Rewrites page 769, lines 23–24
ReplacesPrinted pageRemoves page 769, lines 23–24 of the printed bill. See that page
Inserted: (B) in paragraph (1)--
Inserted: (i) by inserting "grants and" after "number of"; and
Inserted: (ii) by inserting ", including any loan terms or conditions for which the Secretary provided additional assistance to unserved areas" before the semicolon at the end;
Original wording
On page 769, strike lines 23 and 24 and insert the following:
Change 20: Strikes “and”
Struck: and
Original wording
On page 770, line 5, strike “and”
Change 21: Inserts new text on page 770, between lines 6 and 7
InsertsPrinted pageInserted: (E) in paragraph (5), by striking "and" at the end;
Inserted: (F) in paragraph (6), by striking the period at the end and inserting "; and";
Inserted: (G) by adding at the end the following:
Inserted: "(7) the overall progress towards fulfilling the goal of improving the quality of rural life by expanding rural broadband access, as demonstrated by metrics, including--
Inserted: "(A) the number of residences and businesses receiving new broadband services;
Inserted: "(B) network improvements, including facility upgrades and equipment purchases;
Inserted: "(C) average broadband speeds and prices on a local and statewide basis;
Inserted: "(D) any changes in broadband adoption rates; and
Inserted: "(E) any specific activities that increased high speed broadband access for educational institutions, health care providers, and public safety service providers."; and
Original wording
On page 770, between lines 6 and 7, insert the following:
Change 22: Rewrites page 770, line 7
ReplacesPrinted pageRemoves page 770, line 7 of the printed bill. See that page
Inserted: (9) by redesignating subsections (k) and (l) as subsections (l) and (m), respectively;
Inserted: (10) by inserting after subsection (j) the following:
Inserted: "(k) Broadband Buildout Data.--
Inserted: "(1) In general.--As a condition of receiving a grant, loan, or loan guarantee under this section, a recipient of assistance shall provide to the Secretary address-level broadband buildout data that indicates the location of new broadband service that is being provided or upgraded within the service territory supported by the grant, loan, or loan guarantee--
Inserted: "(A) for purposes of inclusion in the semiannual updates to the National Broadband Map that is managed by the National Telecommunications and Information Administration (referred to in this subsection as the 'Administration'); and
Inserted: "(B) not later than 30 days after the earlier of--
Inserted: "(i) the date of completion of any project milestone established by the Secretary; or
Inserted: "(ii) the date of completion of the project.
Inserted: "(2) Address-level data.--Effective beginning on the date the Administration receives data described in paragraph (1), the Administration shall use only address-level broadband buildout data for the National Broadband Map.
Inserted: "(3) Corrections.--
Inserted: "(A) In general.--The Secretary shall submit to the Administration any correction to the National Broadband Map that is based on the actual level of broadband coverage within the rural area, including any requests for a correction from an elected or economic development official.
Inserted: "(B) Incorporation.--Not later than 30 days after the date on which the Administration receives a correction submitted under subparagraph (A), the Administration shall incorporate the correction into the National Broadband Map.
Show 2 more inserted paragraphsShow less
Inserted: "(C) Use.--If the Secretary has submitted a correction to the Administration under subparagraph (A), but the National Broadband Map has not been updated to reflect the correction by the date on which the Secretary is making a grant or loan award decision under this section, the Secretary may use the correction submitted under that subparagraph for purposes of make the grant or loan award decision.";
Inserted: (11) in paragraph (1) of subsection (l) (as redesignated by paragraph (9))--
Original wording
On page 770, strike line 7 and insert the following:
Change 23: Rewrites page 770, line 12
ReplacesPrinted pageRemoves page 770, line 12 of the printed bill. See that page
Inserted: (12) in subsection (m) (as redesignated by paragraph (9))--
Original wording
On page 770, strike line 12 and insert the following:
Shown as written
after the semicolon at the end.
the first place it appears and insert “(iii)”.
the first place it appears and insert “(iv)”.
On page 768, line 6, before the semicolon, insert the following: “, including new equipment and capacity enhancements that support high-speed broadband access for educational institutions, health care providers, and public safety service providers (including the estimated number of end users who are currently using or forecasted to use the new or upgraded infrastructure)”.
On page 768, line 9, before the semicolon, insert the following: “, including--
Read automatically from the Congressional Record. Check the original before relying on it.
As printed
SA 2435. Mr. WARNER (for himself and Mrs. Shaheen) submitted an amendment intended to be proposed by him to the bill S. 3240, to reauthorize agricultural programs through 2017, and for other purposes; which was ordered to lie on the table; as follows:
On page 764, strike lines 9 through 15 and insert the following:
“(A) In general.--In making grants, loans, or loan guarantees under paragraph (1), the Secretary shall--
“(i) establish not less than 2, and not more than 4, evaluation periods for each fiscal year to compare grant, loan, and loan guarantee applications and to prioritize grants, loans, and loan guarantees to all or part of rural communities that do not have residential broadband service that meets the minimum acceptable level of broadband service established under subsection (e);
“(ii) give the highest priority to applicants that offer to provide broadband service to the greatest proportion of unserved rural households or rural households that do not have residential broadband service that meets the minimum acceptable level of broadband service established under subsection (e), as--
“(I) certified by the affected community, city, county, or designee; or
“(II) demonstrated on--
“(aa) the broadband map of the affected State if the map contains address-level data; or
“(bb) the National Broadband Map if address-level data is unavailable; and
“(iii) give a higher priority to applicants that have not previously received grants, loans, or loan guarantees under paragraph (1) and that are seeking to build out unserved areas or to upgrade rural households to the minimum acceptable level of broadband service established under subsection (e).
On page 765, line 22, strike “and” after the semicolon at the end.
On page 766, line 7, strike the period at the end and insert “; and”.
On page 766, between lines 7 and 8, insert the following:
“(v) targeted funding to provide the minimum acceptable level of broadband service established under subsection (e) in all or part of an unserved community that is below that minimum acceptable level of broadband service.
On page 766, between lines 21 and 22, insert the following:
(i) by striking clause (i) and inserting the following:
“(i) demonstrate the ability to furnish, improve in order to meet the minimum acceptable level of broadband service established under subsection (e), or extend broadband service to all or part of an unserved rural area or an area below the minimum acceptable level of broadband service established under subsection (e);”;
On page 766, line 22, strike “(ii)” the first place it appears and insert “(iii)”.
On page 766, line 25, strike “(iii)” the first place it appears and insert “(iv)”.
On page 767, strike lines 8 through 18 and insert the following:
(B) in paragraph (2)--
(i) in subparagraph (A)--
(I) in the matter preceding clause (i)--
(aa) by striking “the proceeds of a loan made or guaranteed” and inserting “assistance”; and
(bb) by striking “for the loan or loan guarantee” and inserting “of the eligible entity”;
(II) in clause (i), by striking “is offered broadband service by not more than 1 incumbent service provider” and inserting “are unserved or have service levels below the minimum acceptable level of broadband service established under subsection (e)”; and
(III) in clause (ii), by striking “3” and inserting “2”;
(ii) by striking subparagraph (B);
(iii) by redesignating subparagraph (C) as subparagraph (B); and
(iv) in subparagraph (B) (as so redesignated)--
(I) in the subparagraph heading, by striking “3” and inserting “2”; and
(II) in clause (i), by inserting “the minimum acceptable level of broadband service established under subsection (e) in” after “service to”;
(C) in paragraph (3)--
(i) in subparagraph (A), by striking “loan or” and inserting “grant, loan, or”; and
(ii) in subparagraph (B), by adding at the end the following:
“(iii) Information.--Information submitted under this subparagraph shall be--
“(I) certified by the affected community, city, county, or designee; and
“(II) demonstrated on--
“(aa) the broadband map of the affected State if the map contains address-level data; or
“(bb) the National Broadband Map if address-level data is unavailable.”;
(D) in paragraph (4)--
(i) by striking “Subject to paragraph (1),” and inserting the following:
“(A) In general.--Subject to paragraph (1) and subparagraph (B),”;
(ii) by striking “loan or” and inserting “grant, loan, or”; and
(iii) by adding at the end the following:
“(B) Pilot programs.--The Secretary may carry out pilot programs in conjunction with interested entities described in subparagraph (A) (which may be in partnership with other entities, as determined appropriate by the Secretary) to address areas that are unserved or have service levels below the minimum acceptable level of broadband service established under subsection (e).”;
(E) in paragraph (5)--
(i) in the matter preceding subparagraph (A), by striking “loan or” and inserting “grant, loan, or”; and
(ii) in subparagraph (C), by inserting “, and proportion relative to the service territory,” after “estimated number”;
(F) in paragraph (6), by striking “loan or” and inserting “grant, loan, or”;
On page 767, line 19, strike “(D)” and insert “(G)”.
On page 767, line 22, strike “(E)” and insert “(H)”.
On page 768, line 6, before the semicolon, insert the following: “, including new equipment and capacity enhancements that support high-speed broadband access for educational institutions, health care providers, and public safety service providers (including the estimated number of end users who are currently using or forecasted to use the new or upgraded infrastructure)”.
On page 768, line 9, before the semicolon, insert the following: “, including--
“(I) the number and location of residences and businesses that will receive new broadband service, existing network service improvements, and facility upgrades resulting from the Federal assistance;
“(II) the speed of broadband service;
“(III) the price of broadband service;
“(IV) any changes in broadband service adoption rates, including new subscribers generated from demand-side projects; and
“(V) any other metrics the Secretary determines to be appropriate
On page 769, strike lines 5 through 12 and insert the following:
“(C) shall, in addition to other authority under applicable law, establish written procedures for all broadband programs administered by the Secretary that, to the maximum extent practicable--
“(i) recover funds from loan defaults;
“(ii)(I) deobligate awards to grantees that demonstrate an insufficient level of performance (including failure to meet build-out requirements, service quality issues, or other metrics determined by the Secretary) or wasteful or fraudulent spending; and
“(II) award those funds, on a competitive basis, to new or existing applicants consistent with this section; and
“(iii) consolidate and minimize overlap among the programs; and”.
On page 769, line 12 strike “and”.
On page 769, between lines 12 and 13, insert the following:
“(D) with respect to an application for assistance under this section, shall--
“(i) promptly post on the website of the Rural Utility Service--
“(I) an announcement that identifies--
“(aa) each applicant;
“(bb) the amount and type of support requested by each applicant; and
“(II) a list of the census block groups or proposed service territory, in a manner specified by the Secretary, that the applicant proposes to service;
“(ii) provide not less than 15 days for broadband service providers to voluntarily submit information about the broadband services that the providers offer in the groups or tracts listed under clause (i)(II) so that the Secretary may assess whether the applications submitted meet the eligibility requirements under this section; and
“(iii) if no broadband service provider submits information under clause (ii), consider the number of providers in the group or tract to be established by reference to
“(I) the most current National Broadband Map of the National Telecommunications and Information Administration; or
“(II) any other data regarding the availability of broadband service that the Secretary may collect or obtain through reasonable efforts; and
On page 769, line 13, strike “(D)” and insert “(E)”.
On page 769, between lines 16 and 17, insert the following:
(5) in subsection (e)--
(A) by redesignating paragraph (2) as paragraph (3); and
(B) by striking paragraph (1) and inserting the following:
“(1) In general.--Subject to paragraph (2), for purposes of this section, the minimum acceptable level of broadband service for a rural area shall be at least--
“(A) a 4-Mbps downstream transmission capacity; and
“(B) a 1-Mbps upstream transmission capacity.
“(2) Adjustments.--At least once every 2 years, the Secretary shall review, and may adjust, the minimum acceptable level of broadband service established under paragraph (1) to ensure that high quality, cost-effective broadband service is provided to rural areas over time.”;
On page 769, line 17, strike “(5)” and insert “(6)”.
On page 769, between lines 19 and 20, insert the following:
(7) in subsection (g), by striking paragraph (2) and inserting the following:
“(2) Terms.--In determining the term and conditions of a loan or loan guarantee, the Secretary may--
“(A) consider whether the recipient would be serving an area that is unserved; and
“(B) if the Secretary makes a determination in the affirmative under subparagraph (A), establish a limited initial deferral period or comparable terms necessary to achieve the financial feasibility and long-term sustainability of the project.”;
On page 769, line 20, strike “(6)” and insert “(8)”.
On page 769, strike lines 23 and 24 and insert the following:
(B) in paragraph (1)--
(i) by inserting “grants and” after “number of”; and
(ii) by inserting “, including any loan terms or conditions for which the Secretary provided additional assistance to unserved areas” before the semicolon at the end;
On page 770, line 5, strike “and”
On page 770, between lines 6 and 7, insert the following:
(E) in paragraph (5), by striking “and” at the end;
(F) in paragraph (6), by striking the period at the end and inserting “; and”;
(G) by adding at the end the following:
“(7) the overall progress towards fulfilling the goal of improving the quality of rural life by expanding rural broadband access, as demonstrated by metrics, including--
“(A) the number of residences and businesses receiving new broadband services;
“(B) network improvements, including facility upgrades and equipment purchases;
“(C) average broadband speeds and prices on a local and statewide basis;
“(D) any changes in broadband adoption rates; and
“(E) any specific activities that increased high speed broadband access for educational institutions, health care providers, and public safety service providers.”; and
On page 770, strike line 7 and insert the following:
(9) by redesignating subsections (k) and (l) as subsections (l) and (m), respectively;
(10) by inserting after subsection (j) the following:
“(k) Broadband Buildout Data.--
“(1) In general.--As a condition of receiving a grant, loan, or loan guarantee under this section, a recipient of assistance shall provide to the Secretary address-level broadband buildout data that indicates the location of new broadband service that is being provided or upgraded within the service territory supported by the grant, loan, or loan guarantee--
“(A) for purposes of inclusion in the semiannual updates to the National Broadband Map that is managed by the National Telecommunications and Information Administration (referred to in this subsection as the ‘Administration'); and
“(B) not later than 30 days after the earlier of--
“(i) the date of completion of any project milestone established by the Secretary; or
“(ii) the date of completion of the project.
“(2) Address-level data.--Effective beginning on the date the Administration receives data described in paragraph (1), the Administration shall use only address-level broadband buildout data for the National Broadband Map.
“(3) Corrections.--
“(A) In general.--The Secretary shall submit to the Administration any correction to the National Broadband Map that is based on the actual level of broadband coverage within the rural area, including any requests for a correction from an elected or economic development official.
“(B) Incorporation.--Not later than 30 days after the date on which the Administration receives a correction submitted under subparagraph (A), the Administration shall incorporate the correction into the National Broadband Map.
“(C) Use.--If the Secretary has submitted a correction to the Administration under subparagraph (A), but the National Broadband Map has not been updated to reflect the correction by the date on which the Secretary is making a grant or loan award decision under this section, the Secretary may use the correction submitted under that subparagraph for purposes of make the grant or loan award decision.”;
(11) in paragraph (1) of subsection (l) (as redesignated by paragraph (9))--
On page 770, strike line 12 and insert the following:
(12) in subsection (m) (as redesignated by paragraph (9))--
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Senate amendment submitted
June 14, 2012