S.Amdt. 2543

TEXT OF AMENDMENTS

SA 2532. Mr. VITTER submitted an amendment intended to be proposed by
him to the bill S. 2237, to provide a temporary income tax credit for
increased payroll and extend bonus depreciation for an additional year,
and for other purposes; which was ordered to lie on the table; as
follows:

At the appropriate place, insert the following:

SEC. __. SUSPENSION OF FINES FOR FIRST-TIME PAPERWORK
VIOLATIONS BY SMALL BUSINESS CONCERNS.

Section 3506 of title 44, United States Code (commonly
referred to as the ``Paperwork Reduction Act''), is amended
by adding at the end the following:
``(j) Small Businesses.--
``(1) Small business concern.--In this subsection, the term
`small business concern' has the same meaning given as in
section 3 of the Small Business Act (15 U.S.C. 632).
``(2) In general.--In the case of a first-time violation by
a small business concern of a requirement regarding the
collection of information by an agency, the head of the
agency shall not impose a civil fine on the small business
concern unless the head of the agency determines that--
``(A) the violation has the potential to cause serious harm
to the public interest;
``(B) failure to impose a civil fine would impede or
interfere with the detection of criminal activity;
``(C) the violation is a violation of an internal revenue
law or a law concerning the assessment or collection of any
tax, debt, revenue, or receipt;
``(D) the violation was not corrected on or before the date
that is 6 months after the date on which the small business
concern receives notification of the violation in writing
from the agency; or
``(E) except as provided in paragraph (3), the violation
presents a danger to the public health or safety.
``(3) Danger to public health or safety.--
``(A) In general.--In any case in which the head of an
agency determines under paragraph (2)(E) that a violation
presents a danger to the public health or safety, the head of
the agency may, notwithstanding paragraph (2)(E), determine
not to impose a civil fine on the small business concern if
the violation is corrected not later than 24 hours after
receipt by the owner of the small business concern of
notification of the violation in writing.
``(B) Considerations.--In determining whether to allow a
small business concern 24 hours to correct a violation under
subparagraph (A), the head of an agency shall take into
account all of the facts and circumstances regarding the
violation, including--
``(i) the nature and seriousness of the violation,
including whether the violation is

[[Page S4961]]

technical or inadvertent or involves willful or criminal
conduct;
``(ii) whether the small business concern has made a good
faith effort to comply with applicable laws and to remedy the
violation within the shortest practicable period of time; and
``(iii) whether the small business concern has obtained a
significant economic benefit from the violation.
``(C) Notice to congress.--In any case in which the head of
an agency imposes a civil fine on a small business concern
for a violation that presents a danger to the public health
or safety and does not allow the small business concern 24
hours to correct the violation under subparagraph (A), the
head of the agency shall notify Congress regarding the
determination not later than 60 days after the date on which
the civil fine is imposed by the agency.
``(4) Limited to first-time violations.--
``(A) In general.--This subsection shall not apply to any
violation by a small business concern of a requirement
regarding collection of information by an agency if the small
business concern previously violated any requirement
regarding collection of information by the agency.
``(B) Other agencies.--For purposes of making a
determination under subparagraph (A), the head of an agency
shall not take into account any violation of a requirement
regarding collection of information by another agency.''.
______

SA 2533. Mr. BARRASSO (for himself, Mr. Hatch, and Ms. Snowe)
submitted an amendment intended to be proposed by him to the bill S.
2237, to provide a temporary income tax credit for increased payroll
and extend bonus depreciation for an additional year, and for other
purposes; which was ordered to lie on the table; as follows:

At the end, add the following:

SEC. __. PROTECTING PATIENTS FROM HIGHER PREMIUMS.

Section 9010 of the Patient Protection and Affordable Care
Act (Public Law 111-148), as amended by section 10905 of such
Act and by section 1406 of the Health Care and Education
Reconciliation Act of 2010 (Public Law 111-152), is repealed.
______

SA 2534. Mr. COBURN submitted an amendment intended to be proposed by
him to the bill S. 2237, to provide a temporary income tax credit for
increased payroll and extend bonus depreciation for an additional year,
and for other purposes; which was ordered to lie on the table; as
follows:

At the appropriate place, insert the following:

SEC. _. NO MORTGAGE INTEREST DEDUCTION FOR MILLIONAIRES AND
BILLIONAIRES.

(a) In General.--Section 163(h)(4) of the Internal Revenue
Code of 1986 is amended by adding at the end the following
new subparagraph:
``(G) No deduction for millionaires and billionaires.--
``(i) In general.--Except as provided in clause (ii), no
deduction shall be allowed by reason of paragraph (2)(D) for
any taxable year with respect to any taxpayer with an
adjusted gross income equal to or greater than $1,000,000 for
such taxable year.
``(ii) Termination.--Clause (i) shall not apply to any
taxable year beginning after the date on which the aggregate
savings from the elimination of the deductions and credits
for millionaires attributable to the enactment of sections 4
through 11 of the Small Business Jobs and Tax Relief Act
matches dollar for dollar the decrease in revenue
attributable to the enactment of sections 2 and 3 of such
Act.''.
(b) Effective Date.--The amendment made by this section
shall apply to taxable years beginning after December 31,
2011.

SEC. _. NO RENTAL EXPENSE DEDUCTION FOR MILLIONAIRES AND
BILLIONAIRES.

(a) In General.--Section 212 of the Internal Revenue Code
of 1986 is amended by adding at the end the following new
flush sentence:

``Paragraph (2) shall not apply for any taxable year with
respect to any taxpayer with an adjusted gross income equal
to or greater than $1,000,000 for such taxable year. The
preceding sentence shall not apply to any taxable year
beginning after the date on which the aggregate savings from
the elimination of the deductions and credits for
millionaires attributable to the enactment of sections 4
through 11 of the Small Business Jobs and Tax Relief Act
matches dollar for dollar the decrease in revenue
attributable to the enactment of sections 2 and 3 of such
Act.''.
(b) Effective Date.--The amendment made by this section
shall apply to taxable years beginning after December 31,
2011.

SEC. _. NO GAMBLING LOSS DEDUCTION FOR MILLIONAIRES AND
BILLIONAIRES.

(a) In General.--Section 165(d) of the Internal Revenue
Code of 1986 is amended by adding at the end the following:
``In the case of a taxpayer with an adjusted gross income
equal to or greater than $1,000,000 for the taxable year, the
preceding sentence shall not apply for any taxable year
beginning before the date on which the aggregate savings from
the elimination of the deductions and credits for
millionaires attributable to the enactment of sections 4
through 11 of the Small Business Jobs and Tax Relief Act
matches dollar for dollar the decrease in revenue
attributable to the enactment of sections 2 and 3 of such
Act.''.
(b) Effective Date.--The amendment made by this section
shall apply to taxable years beginning after December 31,
2011.

SEC. _. NO DISCHARGE OF INDEBTEDNESS DEDUCTION FOR
MILLIONAIRES AND BILLIONAIRES.

(a) In General.--Section 108 of the Internal Revenue Code
of 1986 is amended by adding at the end the following new
subsection:
``(j) No Deduction for Millionaires and Billionaires.--
``(1) In general.--Except as provided in paragraph (2), no
exclusion shall be allowed by reason of this section for any
taxable year with respect to any taxpayer with an adjusted
gross income equal to or greater than $1,000,000 for such
taxable year.
``(2) Termination.--Paragraph (1) shall not apply to any
taxable year beginning after the date on which the aggregate
savings from the elimination of the deductions and credits
for millionaires attributable to the enactment of sections 4
through 11 of the Small Business Jobs and Tax Relief Act
matches dollar for dollar the decrease in revenue
attributable to the enactment of sections 2 and 3 of such
Act.''.
(b) Effective Date.--The amendment made by this section
shall apply to taxable years beginning after December 31,
2011.

SEC. _. NO ELECTRIC PLUG-IN VEHICLE TAX CREDIT FOR
MILLIONAIRES AND BILLIONAIRES.

(a) In General.--Section 30D(f) of the Internal Revenue
Code of 1986 is amended by adding at the end the following
new paragraph:
``(8) No credit for millionaires and billionaires.--
``(A) In general.--Except as provided in subparagraph (B),
no credit described in subsection (c)(2) shall be allowed
under this section for any taxable year with respect to any
taxpayer with an adjusted gross income equal to or greater
than $1,000,000 for such taxable year.
``(B) Termination.--Subparagraph (A) shall not apply to any
taxable year beginning after the date on which the aggregate
savings from the elimination of the deductions and credits
for millionaires attributable to the enactment of sections 4
through 11 of the Small Business Jobs and Tax Relief Act
matches dollar for dollar the decrease in revenue
attributable to the enactment of sections 2 and 3 of such
Act.''.
(b) Effective Date.--The amendment made by this section
shall apply to taxable years beginning after December 31,
2011.

SEC. _. NO HOUSEHOLD AND DEPENDENT CARE CREDIT FOR
MILLIONAIRES AND BILLIONAIRES.

(a) In General.--Section 21 of the Internal Revenue Code of
1986 is amended by redesignating subsection (f) as subsection
(g) and by inserting after subsection (e) the following new
subsection:
``(f) No Credit for Millionaires and Billionaires.--
``(1) In general.--Except as provided in paragraph (2), no
credit shall be allowed under this section for any taxable
year with respect to any taxpayer with an adjusted gross
income equal to or greater than $1,000,000 for such taxable
year.
``(2) Termination.--Paragraph (1) shall not apply to any
taxable year beginning after the date on which the aggregate
savings from the elimination of the deductions and credits
for millionaires attributable to the enactment of sections 4
through 11 of the Small Business Jobs and Tax Relief Act
matches dollar for dollar the decrease in revenue
attributable to the enactment of sections 2 and 3 of such
Act.''.
(b) Effective Date.--The amendment made by this section
shall apply to taxable years beginning after December 31,
2011.

SEC. _. NO RESIDENTIAL ENERGY EFFICIENT PROPERTY CREDIT FOR
MILLIONAIRES AND BILLIONAIRES.

(a) In General.--Section 25D(e) of the Internal Revenue
Code of 1986 is amended by adding at the end the following
new paragraph:
``(9) No credit for millionaires and billionaires.--
``(A) In general.--Except as provided in subparagraph (B),
no credit shall be allowed under this section for any taxable
year with respect to any taxpayer with an adjusted gross
income equal to or greater than $1,000,000 for such taxable
year.
``(B) Termination.--Subparagraph (A) shall not apply to any
taxable year beginning after the date on which the aggregate
savings from the elimination of the deductions and credits
for millionaires attributable to the enactment of sections 4
through 11 of the Small Business Jobs and Tax Relief Act
matches dollar for dollar the decrease in revenue
attributable to the enactment of sections 2 and 3 of such
Act.''.
(b) Effective Date.--The amendment made by this section
shall apply to taxable years beginning after December 31,
2011.
______

SA 2535. Mr. COBURN submitted an amendment intended to be proposed by
him to the bill S. 2237, to provide a temporary income tax credit for
increased payroll and extend bonus depreciation for an additional year,
and for other purposes; which was ordered to lie on the table; as
follows:

At the appropriate place, insert the following:

[[Page S4962]]

SEC. __. REQUIRING HIGHER INCOME INDIVIDUALS TO PAY MORE FOR
THEIR SHARE OF MEDICARE PART B.

(a) In General.--Section 1839 of the Social Security Act
(42 U.S.C. 1395r) is amended by adding at the end the
following new subsection:
``(j) Payment of Unsubsidized Part B Premium Amount by
Higher Income Individuals.--
``(1) In general.--In the case of an individual whose
modified adjusted gross income exceeds the applicable amount
described in paragraph (2), the monthly premium determined
under subsection (a) for a month after December 2012 shall be
equal to the unsubsidized part B premium amount, adjusted as
required in accordance with subsections (b), (c), and (f),
and to reflect any credit under section
1854(b)(1)(C)(ii)(III).
``(2) Applicable amount described.--
``(A) In general.--For purposes of paragraph (1), subject
to subparagraph (C), the applicable amount described in this
paragraph is $150,000.
``(B) Joint returns.--In the case of a joint return,
subparagraph (A) shall be applied by substituting a dollar
amount which is twice the dollar amount otherwise applicable
under such subparagraph for the calendar year.
``(C) Inflation adjustment.--In the case of any calendar
year beginning after 2013, each dollar amount in this
paragraph shall be increased as described in subsection
(i)(5).
``(3) Definitions.--In this subsection:
``(A) Modified adjusted gross income.--The term `modified
adjusted gross income' has the meaning given such term in
subparagraph (A) of subsection (i)(4), determined for the
taxable year applicable under subparagraphs (B) and (C) of
such section.
``(B) Unsubsidized part b premium amount.--The term
`unsubsidized part B premium amount' means 200 percent of the
monthly actuarial rate for enrollees age 65 and over (as
determined under subsection (a)(1) for the year).''.
(b) Conforming Amendments.--(1) Section 1839(b) of the
Social Security Act (42 U.S.C. 1395r(b)) is amended by
inserting ``, subject to subsection (j),'' before ``(without
regard'' in the first sentence.
(2) The table in section 1839(i)(3)(C) of the Social
Security Act (42 U.S.C. 1395r(i)(3)(C)) is amended--
(A) in the second line--
(i) by striking ``but not more than $150,000'' and
inserting ``but not more than the applicable amount described
in subsection (j)(2)''; and
(ii) by adding a period at the end; and
(B) by striking the third and fourth lines.
(3) Section 1844 of the Social Security Act (42 U.S.C.
1395w) is amended, in each of subsections (a)(1)(C) and (c),
by striking ``section 1839(i)'' and inserting ``subsections
(i) and (j) of section 1839''.
(c) Effective Date.--The amendments made by this section
shall apply to months after December 2012.

SEC. __. REQUIRING HIGHER INCOME INDIVIDUALS TO PAY MORE FOR
THEIR SHARE OF MEDICARE PART D.

(a) In General.--Section 1860D-13(a) of the Social Security
Act (42 U.S.C. 1395w-113(a)) is amended by adding at the end
the following new paragraph:
``(8) Payment of unsubsidized part d premium amount by
higher income individuals.--
``(A) In general.--In the case of an individual whose
modified adjusted gross income exceeds the applicable amount
described in section 1839(j)(2) (including application of
subparagraph (C) of such section) for the calendar year, the
monthly amount of the beneficiary premium applicable under
this section for a month after December 2012 shall be equal
to the unsubsidized part D premium amount.
``(B) Definitions.--In this paragraph:
``(i) Modified adjusted gross income.--The term `modified
adjusted gross income' has the meaning given such term in
subparagraph (A) of subsection (i)(4), determined for the
taxable year applicable under subparagraphs (B) and (C) of
such section.
``(ii) Unsubsidized part d premium amount.--The term
`unsubsidized part D premium amount' means the national
average monthly bid amount (computed under paragraph (4)) for
the month.''.
(b) Conforming Amendments.--Section 1860D-13(a)(1) of the
Social Security Act (42 U.S.C. 1395w-113(a)(1)) is amended--
(1) in subparagraph (A), by striking ``The monthly'' and
inserting ``Except as provided in paragraph (8), the
monthly''; and
(2) in subparagraph (G), by inserting ``and paragraph (8)''
after ``and (F)''.
(c) Effective Date.--The amendments made by this section
shall apply to months after December 2012.
______

SA 2536. Mr. COBURN submitted an amendment intended to be proposed by
him to the bill S. 2237, to provide a temporary income tax credit for
increased payroll and extend bonus depreciation for an additional year,
and for other purposes; which was ordered to lie on the table; as
follows:

At the appropriate place, add the following:

SEC. __. PROHIBITION ON FEDERAL FINANCIAL ASSISTANCE BY
PERSONS HAVING SERIOUSLY DELINQUENT TAX DEBTS.

(a) Definition of Seriously Delinquent Tax Debt.--In this
section:
(1) In general.--The term ``seriously delinquent tax debt''
means an outstanding debt under the Internal Revenue Code of
1986 for which a notice of lien has been filed in public
records pursuant to section 6323 of that Code.
(2) Exclusions.--The term ``seriously delinquent tax debt''
does not include--
(A) a debt that is being paid in a timely manner pursuant
to an agreement under section 6159 or 7122 of Internal
Revenue Code of 1986; and
(B) a debt with respect to which a collection due process
hearing under section 6330 of that Code, or relief under
subsection (a), (b), or (f) of section 6015 of that Code, is
requested or pending.
(b) Prohibition.--
(1) Grants, contracts, loans, and other subsidies.--An
individual or entity who has a seriously delinquent tax debt
shall be ineligible to receive financial assistance
(including any payment, loan, grant, contract, or subsidy)
from the Federal government during the pendency of such
seriously delinquent tax debt.
(2) Tax credits.--Part IV of subchapter A of chapter 1 of
the Internal Revenue Code of 1986 is amended by adding at the
end the following new subpart:

``Subpart K--Certain Taxpayers Ineligible for Credits

``Sec. 59AA. Certain taxpayers ineligible for credits.

``SEC. 59AA. CERTAIN TAXPAYERS INELIGIBLE FOR CREDITS.

``Notwithstanding any other provision of this part, no
credit shall be allowed to a taxpayer under this part for any
taxable year if such taxpayer has seriously delinquent tax
debt on the last day of such taxable year.''.
(c) Regulations.--The Secretary of Treasury shall issue
such regulations as the Secretary considers necessary to
carry out this section.
______

SA 2537. Mr. COBURN (for himself and Mr. Burr) submitted an amendment
intended to be proposed by him to the bill S. 2237, to provide a
temporary income tax credit for increased payroll and extend bonus
depreciation for an additional year, and for other purposes; which was
ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. __. REPEAL OF HEALTH INSURANCE TAX.

Section 9010 of the Patient Protection and Affordable Care
Act (Public Law 111-148), as amended by section 10905 of such
Act and by section 1406 of the Health Care and Education
Reconciliation Act of 2010 (Public Law 111-152), is repealed.
______

SA 2538. Mr. KYL (for himself and Mr. Thune) submitted an amendment
intended to be proposed by him to the bill S. 2237, to provide a
temporary income tax credit for increased payroll and extend bonus
depreciation for an additional year, and for other purposes; which was
ordered to lie on the table; as follows:

At the end, add the following:

SEC. __. 1-YEAR EXTENSION OF 2012 ESTATE AND GIFT TAX RULES.

(a) In General.--Paragraph (2) of section 901(a) of the
Economic Growth and Tax Relief Reconciliation Act of 2001 is
amended by striking ``December 31, 2012'' and inserting
``December 31, 2013''.
(b) Conforming Amendment.--Section 304 of the Tax Relief,
Unemployment Insurance Reauthorization, and Job Creation Act
of 2010 is amended by inserting ``in the same manner and to
the same extent such section applies to the amendments made
by title V of such Act'' after ``title''.
______

SA 2539. Mr. KYL (for himself and Mr. Thune) submitted an amendment
intended to be proposed by him to the bill S. 2237, to provide a
temporary income tax credit for increased payroll and extend bonus
depreciation for an additional year, and for other purposes; which was
ordered to lie on the table; as follows:

At the end, add the following:

SEC. __. PERMANENT EXTENSION OF 2012 ESTATE AND GIFT TAX
RULES.

Section 901 of the Economic Growth and Tax Relief
Reconciliation Act of 2001 shall not apply to--
(a) title V of such Act (relating to estate, gift, and
generation-skipping transfer tax provisions), or
(b) title III of the Tax Relief, Unemployment Insurance
Reauthorization, and Job Creation Act of 2010.
______

SA 2540. Mr. KYL submitted an amendment intended to be proposed by
him to the bill S. 2237, to provide a temporary income tax credit for
increased payroll and extend bonus depreciation for an additional year,
and for other purposes; which was ordered to lie on the table; as
follows:

At the end, add the following:

SEC. __. MODIFICATIONS TO IMPLEMENTATION OF INCREASES IN TAX
RATES ON INVESTMENT INCOME.

(a) Rates on Capital Gains and Dividends.--Section 303 of
the Jobs and Growth Tax Relief Reconciliation Act of 2003 is
amended--

[[Page S4963]]

(1) by striking ``All'' and inserting the following:
``(a) In General.--All'',
(2) by striking ``to taxable years beginning after December
31, 2012'' and inserting ``to the first termination taxable
year and to all taxable years after such first termination
taxable year'', and
(3) by adding at the end the following new subsection:
``(b) Termination Taxable Year.--For purposes of this
section--
``(1) In general.--The term `termination taxable year'
means, with respect to any taxpayer, the later of--
``(A) the first taxable year beginning after December 31,
2012, or
``(B) the first taxable year ending after the date on which
both the integrated capital gains rate and the integrated
dividend rate do not exceed the average integrated OECD rate.
``(2) Integrated capital gains rate.--The term `integrated
capital gains rate' means the sum of--
``(A) the highest rate of tax imposed on corporations under
section 11 of the Internal Revenue Code of 1986,
``(B) the average of the highest rate of tax imposed on
corporations under the laws of the States,
``(C) the highest rate of tax imposed on capital gains
under section 1 of such Code, and
``(D) the rate of tax imposed under section 1411 of such
Code.
``(3) Integrated dividends rate.--The term `integrated
dividends rate' means the sum of--
``(A) the highest rate of tax imposed on corporations under
section 11 of the Internal Revenue Code of 1986,
``(B) the average of the highest rate of tax imposed on
corporations under the laws of the States,
``(C) the highest rate of tax imposed on dividends under
section 1 of such Code, and
``(D) the rate of tax imposed under section 1411 of such
Code.
``(4) Average integrated oecd rate.--The term `average
integrated OECD rate' means the average of the highest rates
of tax imposed on corporations (including taxes imposed by
regional, local, or sub-central authorities) by countries
with membership in the Organisation of Economic Co-operation
and Development.''.
(b) Additional Tax on Unearned Income.--Section 1411(e) of
the Internal Revenue Code of 1986 is amended by striking
``or'' at the end of paragraph (1), by striking the period at
the end of paragraph (2) and inserting ``, or'', and by
adding at the end the following new paragraph:
``(3) to any other taxpayer for any taxable year ending
before the date on which both the integrated capital gains
rate and the integrated dividend tax rate do not exceed the
average integrated OECD rate (as such terms are defined under
section 303(b) of the Jobs and Growth Tax Relief
Reconciliation Act of 2003).''.
______

SA 2541. Mr. PAUL submitted an amendment intended to be proposed by
him to the bill S. 2237, to provide a temporary income tax credit for
increased payroll and extend bonus depreciation for an additional year,
and for other purposes; which was ordered to lie on the table; as
follows:

At the end, add the following:

SEC. ___. PERMANENT REPATRIATION OF FOREIGN EARNINGS TO THE
UNITED STATES.

(a) Repatriation Subject to 5 Percent Tax Rate.--Subsection
(a)(1) of section 965 of the Internal Revenue Code of 1986 is
amended by striking ``85 percent'' and inserting ``85.7
percent''.
(b) Permanent Extension to Elect Repatriation.--Subsection
(f) of section 965 of the Internal Revenue Code of 1986 is
amended to read as follows:
``(f) Election.--The taxpayer may elect to apply this
section to any taxable year only if made on or before the due
date (including extensions) for filing the return of tax for
such taxable year.''.
(c) Repatriation Includes Current and Accumulated Foreign
Earnings.--
(1) In general.--Paragraph (1) of section 965(b) of the
Internal Revenue Code of 1986 is amended to read as follows:
``(1) In general.--The amount of dividends taken into
account under subsection (a) shall not exceed the sum of the
current and accumulated earnings and profits described in
section 959(c)(3) for the year a deduction is claimed under
subsection (a), without diminution by reason of any
distributions made during the election year, for all
controlled foreign corporations of the United States
shareholder.''.
(2) Conforming amendments.--
(A) Section 965(b) of such Code is amended by striking
paragraphs (2) and (4) and by redesignating paragraph (3) as
paragraph (2).
(B) Section 965(c) of such Code is amended by striking
paragraphs (1) and (2) and by redesignating paragraphs (3),
(4), and (5) as paragraphs (1), (2), and (3), respectively.
(C) Paragraph (3) of section 965(c) of such Code, as
redesignated by subparagraph (B), is amended to read as
follows:
``(3) Controlled groups.--All United States shareholders
which are members of an affiliated group filing a
consolidated return under section 1501 shall be treated as
one United States shareholder.''.
(d) Clerical Amendments.--
(1) The heading for section 965 of the Internal Revenue
Code of 1986 is amended by striking ``TEMPORARY''.
(2) The table of sections for subpart F of part III of
subchapter N of chapter 1 of such Code is amended by striking
``Temporary dividends'' and inserting ``Dividends''.
(e) Effective Date.--The amendments made by this section
shall apply to taxable years ending after the date of the
enactment of this Act.
(f) Emergency Relief.--Section 125 of title 23, United
States Code, as in effect on October 1, 2012, is amended by
adding at the end the following:
``(h) Emergency Transportation Safety Fund.--
``(1) In general.--There is established in the Treasury of
the United States a fund to be known as the `Emergency
Transportation Safety Fund' (referred to in this section as
the `Fund'), to be administered by the Secretary and to
remain available without fiscal year limitation, for use in
accordance with paragraph (3).
``(2) Transfers to fund.--The Fund shall consist of amounts
equal to 50 percent of the total revenues received in the
Treasury resulting from the amendments made to section 965 of
the Internal Revenue Code of 1986 by the Small Business Jobs
and Tax Relief Act.
``(3) Use of fund.--
``(A) In general.--Subject to subparagraph (E), the
Secretary, in consultation with a representative sample of
State and local government transportation officials, shall
create a prioritized list of emergency transportation
projects, which the Secretary shall use to provide funding to
States to carry out those projects using amounts from the
Fund.
``(B) Criteria.--In creating the list under subparagraph
(A), the Secretary, in addition to any other criteria
established by the Secretary, shall rank priorities in
descending order, beginning with--
``(i) whether the project is part of the interstate highway
system;
``(ii) whether the project is a road or bridge that is
closed for safety reasons;
``(iii) the impact of the project on interstate commerce;
``(iv) the volume of traffic affected by the project; and
``(v) the overall value of the project or entity.
``(C) Report.--Not later than 120 days after October 1,
2012, the Secretary shall submit to Congress a report that
includes--
``(i) a prioritized list of emergency transportation
projects to be funded through the Fund; and
``(ii) a description of the criteria used to establish the
list under this subsection.
``(D) Quarterly updates.--Not less frequently than 4 times
per year, the Secretary shall--
``(i) update the report submitted under subparagraph (C);
``(ii) send a copy of the updated report to Congress; and
``(iii) make a copy of the updated report available to the
public on the website of the Department of Transportation.
``(E) Use of amounts.--At the end of each fiscal year, the
Secretary shall make available all unobligated amounts
remaining in the Fund in excess of $500,000,000 to carry out
the national highway performance program under section 119.
``(4) Annual reports on fund.--
``(A) In general.--Not later than 60 days after the end of
each fiscal year beginning with fiscal year 2013, the
Secretary shall submit to Congress a report on the operation
of the Fund during the fiscal year.
``(B) Contents.--Each report shall include, for the fiscal
year covered by the report, the following:
``(i) A statement of the amounts deposited into the Fund.
``(ii) A description of the expenditures made from the Fund
for the fiscal year, including the purpose of the
expenditures.
``(iii) Recommendations for additional authorities to
fulfill the purpose of the Fund.
``(iv) A statement of the balance remaining in the Fund at
the end of the fiscal year.''.
______

SA 2542. Mr. SANDERS submitted an amendment intended to be proposed
to amendment SA 2521 proposed by Mr. Reid (for Ms. Landrieu) to the
bill S. 2237, to provide a temporary income tax credit for increased
payroll and extend bonus depreciation for an additional year, and for
other purposes; which was ordered to lie on the table; as follows:

At the end, add the following:

TITLE VII--FEDERAL RESERVE INDEPENDENCE

SEC. 701. SHORT TITLE.

This title may be cited as the ``Federal Reserve
Independence Act''.

SEC. 702. FINDINGS.

Congress finds the following:
(1) In October 2011, the Government Accountability Office
found the following:
(A) Allowing members of the banking industry to both elect
and serve on the boards of directors of Federal reserve banks
poses reputational risks to the Federal Reserve System.
(B) Eighteen former and current members of the boards of
directors of Federal reserve banks were affiliated with banks
and companies that received emergency loans from the Federal
Reserve System during the financial crisis.

[[Page S4964]]

(C) Many of the members of the boards of directors of
Federal reserve banks own stock or work directly for banks
that are supervised and regulated by the Federal Reserve
System. These board members oversee the operations of the
Federal reserve banks, including salary and personnel
decisions.
(D) Under current regulations, members of a board of
directors of a Federal reserve bank who are employed by the
banking industry or own stock in financial institutions can
participate in decisions involving how much interest to
charge to financial institutions receiving loans from the
Federal Reserve System, and the approval or disapproval of
Federal Reserve credit to healthy banks and banks in
``hazardous'' condition.
(E) Twenty-one members of the boards of directors of
Federal reserve banks were involved in making personnel
decisions in the division of supervision and regulation under
the Federal Reserve System.
(F) The Federal Reserve System does not publicly disclose
when it grants a waiver to its conflict of interest
regulations.
(2) Allowing currently employed banking industry executives
to serve as directors on the boards of directors of Federal
reserve banks is a clear conflict of interest that must be
eliminated.
(3) No one who works for or invests in a firm receiving
direct financial assistance from the Federal Reserve System
should be allowed to sit on any board of directors of a
Federal reserve bank or be employed by the Federal Reserve
System.

SEC. 703. END CONFLICTS OF INTEREST.

(a) Class A Members.--The tenth undesignated paragraph of
section 4 of the Federal Reserve Act (12 U.S.C. 302)
(relating to Class A) is amended by striking ``chosen by and
be representative of the stockholding banks'' and inserting
``designated by the Board of Governors of the Federal Reserve
System, from among persons who are not employed in any
capacity by a stockholding bank''.
(b) Class B.--The eleventh undesignated paragraph of
section 4 of the Federal Reserve Act (12 U.S.C. 302)
(relating to Class B) is amended by striking ``be elected''
and inserting ``be designated by the Board of Governors of
the Federal Reserve System''.
(c) Limitations on Boards of Directors.--The fourteenth and
fifteenth undesignated paragraphs of section 4 of the Federal
Reserve Act (12 U.S.C. 303) (relating to Class B and Class C,
respectively) are amended to read as follows:
``No employee of a bank holding company or other entity
regulated by the Board of Governors of the Federal Reserve
System may serve on the board of directors of any Federal
reserve bank.
``No employee of the Federal Reserve System or board member
of a Federal reserve bank may own any stock or invest in any
company that is regulated by the Board of Governors of the
Federal Reserve System, without exception.''.

SEC. 704. REPORTS TO CONGRESS.

The Comptroller General of the United States shall report
annually to Congress beginning 1 year after the date of
enactment of this Act to make sure that the provisions in
this title are followed.
______

SA 2543. Mr. SANDERS submitted an amendment intended to be proposed
to amendment SA 2521 proposed by Mr. Reid (for Ms. Landrieu) to the
bill S. 2237, to provide a temporary income tax credit for increased
payroll and extend bonus depreciation for an additional year, and for
other purposes; which was ordered to lie on the table; as follows:

At the end, add the following:

TITLE __--FEDERAL RESERVE INDEPENDENCE

SEC. _01. SHORT TITLE.

This title may be cited as the ``Federal Reserve
Independence Act''.

SEC. _02. FINDINGS.

Congress finds the following:
(1) In October 2011, the Government Accountability Office
found the following:
(A) Allowing members of the banking industry to both elect
and serve on the boards of directors of Federal reserve banks
poses reputational risks to the Federal Reserve System.
(B) Eighteen former and current members of the boards of
directors of Federal reserve banks were affiliated with banks
and companies that received emergency loans from the Federal
Reserve System during the financial crisis.
(C) Many of the members of the boards of directors of
Federal reserve banks own stock or work directly for banks
that are supervised and regulated by the Federal Reserve
System. These board members oversee the operations of the
Federal reserve banks, including salary and personnel
decisions.
(D) Under current regulations, members of a board of
directors of a Federal reserve bank who are employed by the
banking industry or own stock in financial institutions can
participate in decisions involving how much interest to
charge to financial institutions receiving loans from the
Federal Reserve System, and the approval or disapproval of
Federal Reserve credit to healthy banks and banks in
``hazardous'' condition.
(E) Twenty-one members of the boards of directors of
Federal reserve banks were involved in making personnel
decisions in the division of supervision and regulation under
the Federal Reserve System.
(F) The Federal Reserve System does not publicly disclose
when it grants a waiver to its conflict of interest
regulations.
(2) Allowing currently employed banking industry executives
to serve as directors on the boards of directors of Federal
reserve banks is a clear conflict of interest that must be
eliminated.
(3) No one who works for or invests in a firm receiving
direct financial assistance from the Federal Reserve System
should be allowed to sit on any board of directors of a
Federal reserve bank or be employed by the Federal Reserve
System.

SEC. _03. END CONFLICTS OF INTEREST.

(a) Class A Members.--The tenth undesignated paragraph of
section 4 of the Federal Reserve Act (12 U.S.C. 302)
(relating to Class A) is amended by striking ``chosen by and
be representative of the stockholding banks'' and inserting
``designated by the Board of Governors of the Federal Reserve
System, from among persons who are not employed in any
capacity by a stockholding bank''.
(b) Class B.--The eleventh undesignated paragraph of
section 4 of the Federal Reserve Act (12 U.S.C. 302)
(relating to Class B) is amended by striking ``be elected''
and inserting ``be designated by the Board of Governors of
the Federal Reserve System''.
(c) Limitations on Boards of Directors.--The fourteenth and
fifteenth undesignated paragraphs of section 4 of the Federal
Reserve Act (12 U.S.C. 303) (relating to Class B and Class C,
respectively) are amended to read as follows:
``No employee of a bank holding company or other entity
regulated by the Board of Governors of the Federal Reserve
System may serve on the board of directors of any Federal
reserve bank.
``No employee of the Federal Reserve System or board member
of a Federal reserve bank may own any stock or invest in any
company that is regulated by the Board of Governors of the
Federal Reserve System, without exception.''.

SEC. _04. REPORTS TO CONGRESS.

The Comptroller General of the United States shall report
annually to Congress beginning 1 year after the date of
enactment of this Act to make sure that the provisions in
this title are followed.
______

SA 2544. Mr. WYDEN submitted an amendment intended to be proposed by
him to the bill S. 2237, to provide a temporary income tax credit for
increased payroll and extend bonus depreciation for an additional year,
and for other purposes; which was ordered to lie on the table; as
follows:

At the end of division B, add the following:

TITLE VII--WIRELESS TAX FAIRNESS

SECTION 701. SHORT TITLE.

This title may be cited as the ``Wireless Tax Fairness Act
of 2012''.

SEC. 702. FINDINGS.

Congress finds the following:
(1) It is appropriate to exercise congressional enforcement
authority under section 5 of the 14th amendment to the
Constitution of the United States and Congress' plenary power
under article I, section 8, clause 3 of the Constitution of
the United States (commonly known as the ``commerce clause'')
in order to ensure that States and political subdivisions
thereof do not discriminate against providers and consumers
of mobile services by imposing new selective and excessive
taxes and other burdens on such providers and consumers.
(2) In light of the history and pattern of discriminatory
taxation faced by providers and consumers of mobile services,
the prohibitions against and remedies to correct
discriminatory State and local taxation in section 306 of the
Railroad Revitalization and Regulatory Reform Act of 1976 (49
U.S.C. 11501) provide an appropriate analogy for
congressional action, and similar Federal legislative
measures are warranted that will prohibit imposing new
discriminatory taxes on providers and consumers of mobile
services and that will assure an effective, uniform remedy.

SEC. 703. MORATORIUM.

(a) In General.--No State or local jurisdiction shall
impose a new discriminatory tax on or with respect to mobile
services, mobile service providers, or mobile service
property, during the 5-year period beginning on the date of
enactment of this Act.
(b) Definitions.--In this title:
(1) Mobile service.--The term ``mobile service'' means
commercial mobile radio service, as such term is defined in
section 20.3 of title 47, Code of Federal Regulations, as in
effect on the date of enactment of this Act, or any other
service that is primarily intended for receipt on,
transmission from, or use with a mobile telephone or other
mobile device, including but not limited to the receipt of a
digital good.
(2) Mobile service property.--The term ``mobile service
property'' means all property used by a mobile service
provider in connection with its business of providing mobile
services, whether real, personal, tangible, or intangible
(including goodwill, licenses, customer lists, and other
similar intangible property associated with such business).
(3) Mobile service provider.--The term ``mobile service
provider'' means any entity that sells or provides mobile
services, but only to the extent that such entity sells or
provides mobile services.

[[Page S4965]]

(4) New discriminatory tax.--The term ``new discriminatory
tax'' means a tax imposed by a State or local jurisdiction
that is imposed on or with respect to, or is measured by, the
charges, receipts, or revenues from or value of--
(A) a mobile service and is not generally imposed, or is
generally imposed at a lower rate, on or with respect to, or
measured by, the charges, receipts, or revenues from other
services or transactions involving tangible personal
property;
(B) a mobile service provider and is not generally imposed,
or is generally imposed at a lower rate, on other persons
that are engaged in businesses other than the provision of
mobile services; or
(C) a mobile service property and is not generally imposed,
or is generally imposed at a lower rate, on or with respect
to, or measured by the value of, other property that is
devoted to a commercial or industrial use and subject to a
property tax levy, except public utility property owned by a
public utility subject to rate of return regulation by a
State or Federal regulatory authority;

unless such tax was imposed and actually enforced on mobile
services, mobile service providers, or mobile service
property prior to the date of enactment of this Act.
(5) State or local jurisdiction.--The term ``State or local
jurisdiction'' means any of the several States, the District
of Columbia, any territory or possession of the United
States, a political subdivision of any State, territory, or
possession, or any governmental entity or person acting on
behalf of such State, territory, possession, or subdivision
that has the authority to assess, impose, levy, or collect
taxes or fees.
(6) Tax.--
(A) In general.--The term ``tax'' means a charge imposed by
a governmental entity for the purpose of generating revenues
for governmental purposes, and excludes a fee imposed on a
particular entity or class of entities for a specific
privilege, service, or benefit conferred exclusively on such
entity or class of entities.
(B) Exclusion.--The term ``tax'' does not include any fee
or charge--
(i) used to preserve and advance Federal universal service
or similar State programs authorized by section 254 of the
Communications Act of 1934 (47 U.S.C. 254);
(ii) specifically dedicated by a State or local
jurisdiction for the support of E-911 communications systems;
or
(iii) used to preserve and advance Federal
telecommunications relay services or State programs
implementing this Federal mandate pursuant to title IV of the
Americans with Disabilities Act of 1990 (Public Law 101-336;
104 Stat. 327) and codified in section 225 of the
Communications Act of 1934 (47 U.S.C. 225).
(c) Rules of Construction.--
(1) Determination.--For purposes of subsection (b)(4), all
taxes, tax rates, exemptions, deductions, credits,
incentives, exclusions, and other similar factors shall be
taken into account in determining whether a tax is a new
discriminatory tax.
(2) Application of principles.--Except as otherwise
provided in this title, in determining whether a tax on
mobile service property is a new discriminatory tax for
purposes of subsection (b)(4)(A)(iii), principles similar to
those set forth in section 306 of the Railroad Revitalization
and Regulatory Reform Act of 1976 (49 U.S.C. 11501) shall
apply.
(3) Exclusions.--Notwithstanding any other provision of
this title--
(A) the term ``generally imposed'' as used in subsection
(b)(4) shall not apply to any tax imposed only on--
(i) specific services;
(ii) specific industries or business segments; or
(iii) specific types of property; and
(B) the term ``new discriminatory tax'' shall not include a
new tax or the modification of an existing tax that--
(i) replaces one or more taxes that had been imposed on
mobile services, mobile service providers, or mobile service
property; and
(ii) is designed so that, based on information available at
the time of the enactment of such new tax or such
modification, the amount of tax revenues generated thereby
with respect to such mobile services, mobile service
providers, or mobile service property is reasonably expected
to not exceed the amount of tax revenues that would have been
generated by the respective replaced tax or taxes with
respect to such mobile services, mobile service providers, or
mobile service property.

SEC. 704. ENFORCEMENT.

Notwithstanding any provision of section 1341 of title 28,
United States Code, or the constitution or laws of any State,
the district courts of the United States shall have
jurisdiction, without regard to amount in controversy or
citizenship of the parties, to grant such mandatory or
prohibitive injunctive relief, interim equitable relief, and
declaratory judgments as may be necessary to prevent,
restrain, or terminate any acts in violation of this title.
(1) Jurisdiction.--Such jurisdiction shall not be exclusive
of the jurisdiction which any Federal or State court may have
in the absence of this section.
(2) Burden of proof.--The burden of proof in any proceeding
brought under this title shall be upon the party seeking
relief and shall be by a preponderance of the evidence on all
issues of fact.
(3) Relief.--In granting relief against a tax which is
discriminatory or excessive under this title with respect to
tax rate or amount only, the court shall prevent, restrain,
or terminate the imposition, levy, or collection of not more
than the discriminatory or excessive portion of the tax as
determined by the court.
______

SA 2545. Mr. MANCHIN (for himself and Mr. Begich) submitted an
amendment intended to be proposed by him to the bill S. 2237, to
provide a temporary income tax credit for increased payroll and extend
hours depreciation for an additional year, and for other purposes;
which was ordered to lie on table; as follows:

At the end, add the following:

TITLE __--COMMUNITY INVESTMENT AND JOB CREATION

SEC. _01 SHORT TITLE.

This title may be cited as the ``Community Investment and
Job Creation Act of 2012''.

SEC. _02. SHORT FORM REPORTS OF CONDITION FOR CERTAIN
COMMUNITY BANKS.

(a) In General.--Section 7(a) of the Federal Deposit
Insurance Act (12 U.S.C. 1817(a)) is amended by adding at the
end the following:
``(12) Short form reports of condition for community
banks.--
``(A) In general.--With respect to reports of condition
required under paragraph (3) for each calendar quarter, an
insured depository institution described in subparagraphs
(A), (B), (C), and (D) of section 10(d)(4) may submit a short
form of any such report of condition in 2 nonsequential
quarters of any calendar year.
``(B) Asset adjustments.--For purposes of this paragraph--
``(i) section 10(d)(4)(A) shall be applied by substituting
`$10,000,000,000' for `$500,000,000'; and
``(ii) section 10(d)(4)(C) shall be applied by substituting
`$1,000,000,000' for `$100,000,000'.
``(C) Short form defined.--In this paragraph, the term
`short form' means a report of condition required under
paragraph (3) that is in a format established by the
appropriate Federal banking agency, after notice and
opportunity for comment, that--
``(i) is significantly and materially less burdensome for
the insured depository institution to prepare than the format
of the report of condition otherwise required under paragraph
(3); and
``(ii) provides sufficient material information for the
appropriate Federal banking agency to assure the maintenance
of the safe and sound condition of the depository institution
and safe and sound practices.''.
(b) Regulations.--Any regulation required to carry out
section 7(a)(12) of the Federal Deposit Insurance Act, as
added by subsection (a) of this section, shall be published
in final form not later than 6 months after the date of
enactment of this Act.

SEC. _03. EXCEPTION TO ANNUAL PRIVACY NOTICE REQUIREMENT
UNDER THE GRAMM-LEACH-BLILEY ACT.

Section 503 of the Gramm-Leach-Bliley Act (15 U.S.C. 6803)
is amended by adding at the end the following:
``(f) Exception to Annual Notice Requirement.--A financial
institution shall not be required to provide an annual
disclosure under this section until such time as the
financial institution--
``(1) fails to provide nonpublic personal information in
accordance with the provisions of subsection (b)(2) or (e) of
section 502 or regulations prescribed under section 504(b);
``(2) shares information with affiliates described in
section 603(d)(2)(A) of the Fair Credit Reporting Act; or
``(3) changes its policies and practices with regard to
disclosing nonpublic personal information from the policies
and practices that were disclosed in the most recent
disclosure sent to consumers in accordance with this section.
``(g) Exception to Notice Requirement.--A financial
institution shall not be required to provide any disclosure
under this section if--
``(1) the financial institution is licensed by a State and
is subject to existing regulation of consumer confidentiality
that prohibits disclosure of nonpublic personal information
without knowing and expressed consent of the consumer in the
form of laws, rules, or regulation of professional conduct or
ethics promulgated either by the court of highest appellate
authority or by the principal legislative body or regulatory
agency or body of any State, the District of Columbia, or any
territory of the United States; or
``(2) the financial institution is licensed by a State and
becomes subject to future regulation of consumer
confidentiality that prohibits disclosure of nonpublic
personal information without knowing and expressed consent of
the consumer in the form of laws, rules, or regulation of
professional conduct or ethics promulgated either by the
court of highest appellate authority or by the principal
legislative body or regulatory agency or body of any State,
the District of Columbia, or any territory of the United
States.''.

SEC. _04. AGRICULTURE LOAN GUARANTEES.

(a) Fees.--Section 310B(g)(5) of the Consolidated Farm and
Rural Development Act (7 U.S.C. 1932(g)(5)) is amended by
inserting before the period the following: ``, except that
for a loan in an amount of less than $5,000,000, the
Secretary may assess a 1-time fee of 1 percent or less of the
guaranteed principal portion of the loan''.

[[Page S4966]]

(b) Guarantee Amounts.--Section 364 of the Consolidated
Farm and Rural Development Act (7 U.S.C. 2006f) is amended--
(1) in subsection (a)--
(A) in paragraph (3)--
(i) by striking ``may'' and inserting ``shall''; and
(ii) by striking ``standards that are not less stringent
than''; and
(B) in paragraph (4), by inserting before the period the
following: ``, except that the Secretary may guarantee not
more than 90 percent of a loan made by a certified lender if
such loan is in an amount of less than $5,000,000''; and
(2) in subsection (b)--
(A) in paragraph (1)--
(i) in subparagraph (B), by striking ``and'' at the end;
(ii) in subparagraph (C), by striking the period at the end
and inserting ``; and''; and
(iii) by adding at the end the following:
``(D) in the absence of a demand for or experience with
guaranteed loans made under a rural development program,
proven experience in making small business loans.''; and
(B) in paragraph (5)(A), by inserting before the semicolon
the following: ``, except that the Secretary may guarantee
not more than 90 percent of a loan made by a certified lender
if such loan is in an amount of less than $5,000,000''.

SEC. _05. QUALIFYING INVESTMENTS IN SMALL BANK ISSUERS.

(a) Generally.--The principles of Internal Revenue Service
Notice 2010-2 shall apply to any qualifying investment by any
person in a small bank issuer in the same manner as if such
investment had been made by the Department of the Treasury
pursuant to any of the Programs (as defined in Notice 2010-
2).
(b) Definitions.--For purposes of this section--
(1) the term ``qualifying investment'' means any investment
in the equity of a small bank issuer that otherwise would
have constituted an ownership change under section 382(g) of
the Internal Revenue Code of 1986 (relating to limitations on
net operating loss carry forward and certain built-in losses
following an ownership change); and
(2) the term ``small bank issuer'' means any insured
depository institution, as defined in section 3(c)(2) of the
Federal Deposit Insurance Act (12 U.S.C. 1813(c)(2)), which--
(A) was required under a prompt corrective action order
issued pursuant to section 38 of the Federal Deposit
Insurance Act (12 U.S.C. 1831o), or a formal or informal
enforcement order, to raise capital as a result of an
examination that took place during calendar years 2008
through 2012 by the Board of Governors of the Federal Reserve
System, the Office of the Comptroller of the Currency, the
Office of Thrift Supervision, or the Federal Deposit
Insurance Corporation; and
(B) at the time of the order referred to in subparagraph
(A), had total consolidated assets of $10,000,000,000 or
less.

SEC. _06. CAPITAL FORMATION FOR COMMUNITY BANKS.

Section 413(a) of the Dodd-Frank Wall Street Reform and
Consumer Protection Act (15 U.S.C. 77b note) is amended--
(1) by striking ``(a) In General.--The'' and inserting the
following:
``(a) Adjustments.--
``(1) In general.--The''; and
(2) by adding at the end the following:
``(2) Exception for community bank purchases.--The
Commission shall adjust its net worth standard for an
accredited investor, as set forth in the rules of the
Commission under the Securities Act of 1933, by allowing for
the inclusion of the value of the primary residence of the
natural person, but only if the natural person is purchasing
securities from a community bank.
``(3) Definition.--As used in paragraph (2), the term
`community bank' means a depository institution having assets
of less than $10,000,000,000.''.
______

SA 2546. Mrs. SHAHEEN (for herself and Mr. Portman) submitted an
amendment intended to be proposed by her to the bill S. 2237, to
provide a temporary income tax credit for increased payroll and extend
bonus depreciation for an additional year, and for other purposes;
which was ordered to lie on the table; as follows:

At the end of the bill, add the following:

DIVISION B--ENERGY SAVINGS AND INDUSTRIAL COMPETITIVENESS

SEC. 2001. SHORT TITLE.

This division may be cited as the ``Energy Savings and
Industrial Competitiveness Act of 2012''.

TITLE I--BUILDINGS

Subtitle A--Building Energy Codes

SEC. 2101. GREATER ENERGY EFFICIENCY IN BUILDING CODES.

(a) Definitions.--Section 303 of the Energy Conservation
and Production Act (42 U.S.C. 6832) is amended--
(1) by striking paragraph (14) and inserting the following:
``(14) Model building energy code.--The term `model
building energy code' means a voluntary building energy code
and standards developed and updated through a consensus
process among interested persons, such as the IECC or the
code used by--
``(A) the Council of American Building Officials;
``(B) the American Society of Heating, Refrigerating, and
Air-Conditioning Engineers; or
``(C) other appropriate organizations.''; and
(2) by adding at the end the following:
``(17) IECC.--The term `IECC' means the International
Energy Conservation Code.
``(18) Indian tribe.--The term `Indian tribe' has the
meaning given the term in section 4 of the Native American
Housing Assistance and Self-Determination Act of 1996 (25
U.S.C. 4103).''.
(b) State Building Energy Efficiency Codes.--Section 304 of
the Energy Conservation and Production Act (42 U.S.C. 6833)
is amended to read as follows:

``SEC. 304. UPDATING STATE BUILDING ENERGY EFFICIENCY CODES.

``(a) In General.--The Secretary shall--
``(1) encourage and support the adoption of building energy
codes by States, Indian tribes, and, as appropriate, by local
governments that meet or exceed the model building energy
codes, or achieve equivalent or greater energy savings; and
``(2) support full compliance with the State and local
codes.
``(b) State and Indian Tribe Certification of Building
Energy Code Updates.--
``(1) Review and updating of codes by each state and indian
tribe.--
``(A) In general.--Not later than 2 years after the date on
which a model building energy code is updated, each State or
Indian tribe shall certify whether or not the State or Indian
tribe, respectively, has reviewed and updated the energy
provisions of the building code of the State or Indian tribe,
respectively.
``(B) Demonstration.--The certification shall include a
demonstration of whether or not the energy savings for the
code provisions that are in effect throughout the State or
Indian tribal territory meet or exceed--
``(i) the energy savings of the updated model building
energy code; or
``(ii) the targets established under section 307(b)(2).
``(C) No model building energy code update.--If a model
building energy code is not updated by a target date
established under section 307(b)(2)(D), each State or Indian
tribe shall, not later than 2 years after the specified date,
certify whether or not the State or Indian tribe,
respectively, has reviewed and updated the energy provisions
of the building code of the State or Indian tribe,
respectively, to meet or exceed the target in section
307(b)(2).
``(2) Validation by secretary.--Not later than 90 days
after a State or Indian tribe certification under paragraph
(1), the Secretary shall--
``(A) determine whether the code provisions of the State or
Indian tribe, respectively, meet the criteria specified in
paragraph (1); and
``(B) if the determination is positive, validate the
certification.
``(c) Improvements in Compliance With Building Energy
Codes.--
``(1) Requirement.--
``(A) In general.--Not later than 3 years after the date of
a certification under subsection (b), each State and Indian
tribe shall certify whether or not the State and Indian
tribe, respectively, has--
``(i) achieved full compliance under paragraph (3) with the
applicable certified State and Indian tribe building energy
code or with the associated model building energy code; or
``(ii) made significant progress under paragraph (4) toward
achieving compliance with the applicable certified State and
Indian tribe building energy code or with the associated
model building energy code.
``(B) Repeat certifications.--If the State or Indian tribe
certifies progress toward achieving compliance, the State or
Indian tribe shall repeat the certification until the State
or Indian tribe certifies that the State or Indian tribe has
achieved full compliance, respectively.
``(2) Measurement of compliance.--A certification under
paragraph (1) shall include documentation of the rate of
compliance based on--
``(A) independent inspections of a random sample of the
buildings covered by the code in the preceding year; or
``(B) an alternative method that yields an accurate measure
of compliance.
``(3) Achievement of compliance.--A State or Indian tribe
shall be considered to achieve full compliance under
paragraph (1) if--
``(A) at least 90 percent of building space covered by the
code in the preceding year substantially meets all the
requirements of the applicable code specified in paragraph
(1), or achieves equivalent or greater energy savings level;
or
``(B) the estimated excess energy use of buildings that did
not meet the applicable code specified in paragraph (1) in
the preceding year, compared to a baseline of comparable
buildings that meet this code, is not more than 5 percent of
the estimated energy use of all buildings covered by this
code during the preceding year.
``(4) Significant progress toward achievement of
compliance.--A State or Indian tribe shall be considered to
have made significant progress toward achieving compliance
for purposes of paragraph (1) if the State or Indian tribe--
``(A) has developed and is implementing a plan for
achieving compliance during the 8-year-period beginning on
the date of enactment of this paragraph, including annual
targets for compliance and active training and enforcement
programs; and
``(B) has met the most recent target under subparagraph
(A).
``(5) Validation by secretary.--Not later than 90 days
after a State or Indian tribe

[[Page S4967]]

certification under paragraph (1), the Secretary shall--
``(A) determine whether the State or Indian tribe has
demonstrated meeting the criteria of this subsection,
including accurate measurement of compliance; and
``(B) if the determination is positive, validate the
certification.
``(d) States or Indian Tribes That Do Not Achieve
Compliance.--
``(1) Reporting.--A State or Indian tribe that has not made
a certification required under subsection (b) or (c) by the
applicable deadline shall submit to the Secretary a report
on--
``(A) the status of the State or Indian tribe with respect
to meeting the requirements and submitting the certification;
and
``(B) a plan for meeting the requirements and submitting
the certification.
``(2) Federal support.--For any State or Indian tribe for
which the Secretary has not validated a certification by a
deadline under subsection (b) or (c), the lack of the
certification may be a consideration for Federal support
authorized under this section for code adoption and
compliance activities.
``(3) Local government.--In any State or Indian tribe for
which the Secretary has not validated a certification under
subsection (b) or (c), a local government may be eligible for
Federal support by meeting the certification requirements of
subsections (b) and (c).
``(4) Annual reports by secretary.--
``(A) In general.--The Secretary shall annually submit to
Congress, and publish in the Federal Register, a report on--
``(i) the status of model building energy codes;
``(ii) the status of code adoption and compliance in the
States and Indian tribes;
``(iii) implementation of this section; and
``(iv) improvements in energy savings over time as result
of the targets established under section 307(b)(2).
``(B) Impacts.--The report shall include estimates of
impacts of past action under this section, and potential
impacts of further action, on--
``(i) upfront financial and construction costs, cost
benefits and returns (using investment analysis), and
lifetime energy use for buildings;
``(ii) resulting energy costs to individuals and
businesses; and
``(iii) resulting overall annual building ownership and
operating costs.
``(e) Technical Assistance to States and Indian Tribes.--
The Secretary shall provide technical assistance to States
and Indian tribes to implement the goals and requirements of
this section, including procedures and technical analysis for
States and Indian tribes--
``(1) to improve and implement State residential and
commercial building energy codes;
``(2) to demonstrate that the code provisions of the States
and Indian tribes achieve equivalent or greater energy
savings than the model building energy codes and targets;
``(3) to document the rate of compliance with a building
energy code; and
``(4) to otherwise promote the design and construction of
energy efficient buildings.
``(f) Availability of Incentive Funding.--
``(1) In general.--The Secretary shall provide incentive
funding to States and Indian tribes--
``(A) to implement the requirements of this section;
``(B) to improve and implement residential and commercial
building energy codes, including increasing and verifying
compliance with the codes and training of State, tribal, and
local building code officials to implement and enforce the
codes; and
``(C) to promote building energy efficiency through the use
of the codes.
``(2) Additional funding.--Additional funding shall be
provided under this subsection for implementation of a plan
to achieve and document full compliance with residential and
commercial building energy codes under subsection (c)--
``(A) to a State or Indian tribe for which the Secretary
has validated a certification under subsection (b) or (c);
and
``(B) in a State or Indian tribe that is not eligible under
subparagraph (A), to a local government that is eligible
under this section.
``(3) Training.--Of the amounts made available under this
subsection, the State may use amounts required, but not to
exceed $750,000 for a State, to train State and local
building code officials to implement and enforce codes
described in paragraph (2).
``(4) Local governments.--States may share grants under
this subsection with local governments that implement and
enforce the codes.
``(g) Stretch Codes and Advanced Standards.--
``(1) In general.--The Secretary shall provide technical
and financial support for the development of stretch codes
and advanced standards for residential and commercial
buildings for use as--
``(A) an option for adoption as a building energy code by
local, tribal, or State governments; and
``(B) guidelines for energy-efficient building design.
``(2) Targets.--The stretch codes and advanced standards
shall be designed--
``(A) to achieve substantial energy savings compared to the
model building energy codes; and
``(B) to meet targets under section 307(b), if available,
at least 3 to 6 years in advance of the target years.
``(h) Studies.--The Secretary, in consultation with
building science experts from the National Laboratories and
institutions of higher education, designers and builders of
energy-efficient residential and commercial buildings, code
officials, and other stakeholders, shall undertake a study of
the feasibility, impact, economics, and merit of--
``(1) code improvements that would require that buildings
be designed, sited, and constructed in a manner that makes
the buildings more adaptable in the future to become zero-
net-energy after initial construction, as advances are
achieved in energy-saving technologies;
``(2) code procedures to incorporate measured lifetimes,
not just first-year energy use, in trade-offs and performance
calculations; and
``(3) legislative options for increasing energy savings
from building energy codes, including additional incentives
for effective State and local action, and verification of
compliance with and enforcement of a code other than by a
State or local government.
``(i) Effect on Other Laws.--Nothing in this section or
section 307 supersedes or modifies the application of
sections 321 through 346 of the Energy Policy and
Conservation Act (42 U.S.C. 6291 et seq.).
``(j) Authorization of Appropriations.--There are
authorized to be appropriated to carry out this section and
section 307 $200,000,000, to remain available until
expended.''.
(c) Federal Building Energy Efficiency Standards.--Section
305 of the Energy Conservation and Production Act (42 U.S.C.
6834) is amended by striking ``voluntary building energy
code'' each place it appears in subsections (a)(2)(B) and (b)
and inserting ``model building energy code''.
(d) Model Building Energy Codes.--Section 307 of the Energy
Conservation and Production Act (42 U.S.C. 6836) is amended
to read as follows:

``SEC. 307. SUPPORT FOR MODEL BUILDING ENERGY CODES.

``(a) In General.--The Secretary shall support the updating
of model building energy codes.
``(b) Targets.--
``(1) In general.--The Secretary shall support the updating
of the model building energy codes to enable the achievement
of aggregate energy savings targets established under
paragraph (2).
``(2) Targets.--
``(A) In general.--The Secretary shall work with State,
Indian tribes, local governments, nationally recognized code
and standards developers, and other interested parties to
support the updating of model building energy codes by
establishing 1 or more aggregate energy savings targets to
achieve the purposes of this section.
``(B) Separate targets.--The Secretary may establish
separate targets for commercial and residential buildings.
``(C) Baselines.--The baseline for updating model building
energy codes shall be the 2009 IECC for residential buildings
and ASHRAE Standard 90.1-2010 for commercial buildings.
``(D) Specific years.--
``(i) In general.--Targets for specific years shall be
established and revised by the Secretary through rulemaking
and coordinated with nationally recognized code and standards
developers at a level that--

``(I) is at the maximum level of energy efficiency that is
technologically feasible and life-cycle cost effective, while
accounting for the economic considerations under paragraph
(4);
``(II) is higher than the preceding target; and
``(III) promotes the achievement of commercial and
residential high-performance buildings through high
performance energy efficiency (within the meaning of section
401 of the Energy Independence and Security Act of 2007 (42
U.S.C. 17061)).

``(ii) Initial targets.--Not later than 1 year after the
date of enactment of this clause, the Secretary shall
establish initial targets under this subparagraph.
``(iii) Different target years.--Subject to clause (i),
prior to the applicable year, the Secretary may set a later
target year for any of the model building energy codes
described in subparagraph (A) if the Secretary determines
that a target cannot be met.
``(iv) Small business.--When establishing targets under
this paragraph through rulemaking, the Secretary shall ensure
compliance with the Small Business Regulatory Enforcement
Fairness Act of 1996 (5 U.S.C. 601 note; Public Law 104-121).
``(3) Appliance standards and other factors affecting
building energy use.--In establishing building code targets
under paragraph (2), the Secretary shall develop and adjust
the targets in recognition of potential savings and costs
relating to--
``(A) efficiency gains made in appliances, lighting,
windows, insulation, and building envelope sealing;
``(B) advancement of distributed generation and on-site
renewable power generation technologies;
``(C) equipment improvements for heating, cooling, and
ventilation systems;
``(D) building management systems and SmartGrid
technologies to reduce energy use; and
``(E) other technologies, practices, and building systems
that the Secretary considers appropriate regarding building
plug load and other energy uses.
``(4) Economic considerations.--In establishing and
revising building code targets

[[Page S4968]]

under paragraph (2), the Secretary shall consider the
economic feasibility of achieving the proposed targets
established under this section and the potential costs and
savings for consumers and building owners, including a return
on investment analysis.
``(c) Technical Assistance to Model Building Energy Code-
setting and Standard Development Organizations.--
``(1) In general.--The Secretary shall, on a timely basis,
provide technical assistance to model building energy code-
setting and standard development organizations consistent
with the goals of this section.
``(2) Assistance.--The assistance shall include, as
requested by the organizations, technical assistance in--
``(A) evaluating code or standards proposals or revisions;
``(B) building energy analysis and design tools;
``(C) building demonstrations;
``(D) developing definitions of energy use intensity and
building types for use in model building energy codes to
evaluate the efficiency impacts of the model building energy
codes;
``(E) performance-based standards;
``(F) evaluating economic considerations under subsection
(b)(4); and
``(G) developing model building energy codes by Indian
tribes in accordance with tribal law.
``(3) Amendment proposals.--The Secretary may submit timely
model building energy code amendment proposals to the model
building energy code-setting and standard development
organizations, with supporting evidence, sufficient to enable
the model building energy codes to meet the targets
established under subsection (b)(2).
``(4) Analysis methodology.--The Secretary shall make
publicly available the entire calculation methodology
(including input assumptions and data) used by the Secretary
to estimate the energy savings of code or standard proposals
and revisions.
``(d) Determination.--
``(1) Revision of model building energy codes.--If the
provisions of the IECC or ASHRAE Standard 90.1 regarding
building energy use are revised, the Secretary shall make a
preliminary determination not later than 90 days after the
date of the revision, and a final determination not later
than 15 months after the date of the revision, on whether or
not the revision will--
``(A) improve energy efficiency in buildings compared to
the existing model building energy code; and
``(B) meet the applicable targets under subsection (b)(2).
``(2) Codes or standards not meeting targets.--
``(A) In general.--If the Secretary makes a preliminary
determination under paragraph (1)(B) that a code or standard
does not meet the targets established under subsection
(b)(2), the Secretary may at the same time provide the model
building energy code or standard developer with proposed
changes that would result in a model building energy code
that meets the targets and with supporting evidence, taking
into consideration--
``(i) whether the modified code is technically feasible and
life-cycle cost effective;
``(ii) available appliances, technologies, materials, and
construction practices; and
``(iii) the economic considerations under subsection
(b)(4).
``(B) Incorporation of changes.--
``(i) In general.--On receipt of the proposed changes, the
model building energy code or standard developer shall have
an additional 270 days to accept or reject the proposed
changes of the Secretary to the model building energy code or
standard for the Secretary to make a final determination.
``(ii) Final determination.--A final determination under
paragraph (1) shall be on the modified model building energy
code or standard.
``(e) Administration.--In carrying out this section, the
Secretary shall--
``(1) publish notice of targets and supporting analysis and
determinations under this section in the Federal Register to
provide an explanation of and the basis for such actions,
including any supporting modeling, data, assumptions,
protocols, and cost-benefit analysis, including return on
investment; and
``(2) provide an opportunity for public comment on targets
and supporting analysis and determinations under this
section.
``(f) Voluntary Codes and Standards.--Nothwithstanding any
other provision of this section, any model building code or
standard established under this section shall not be binding
on a State, local government, or Indian tribe as a matter of
Federal law.''.

Subtitle B--Worker Training and Capacity Building

SEC. 2111. BUILDING TRAINING AND ASSESSMENT CENTERS.

(a) In General.--The Secretary of Energy shall provide
grants to institutions of higher education (as defined in
section 101 of the Higher Education Act of 1965 (20 U.S.C.
1001)) and Tribal Colleges or Universities (as defined in
section 316(b) of that Act (20 U.S.C. 1059c(b)) to establish
building training and assessment centers--
(1) to identify opportunities for optimizing energy
efficiency and environmental performance in buildings;
(2) to promote the application of emerging concepts and
technologies in commercial and institutional buildings;
(3) to train engineers, architects, building scientists,
building energy permitting and enforcement officials, and
building technicians in energy-efficient design and
operation;
(4) to assist institutions of higher education and Tribal
Colleges or Universities in training building technicians;
(5) to promote research and development for the use of
alternative energy sources and distributed generation to
supply heat and power for buildings, particularly energy-
intensive buildings; and
(6) to coordinate with and assist State-accredited
technical training centers, community colleges, Tribal
Colleges or Universities, and local offices of the National
Institute of Food and Agriculture and ensure appropriate
services are provided under this section to each region of
the United States.
(b) Coordination and Nonduplication.--
(1) In general.--The Secretary shall coordinate the program
with the Industrial Assessment Centers program and with other
Federal programs to avoid duplication of effort.
(2) Collocation.--To the maximum extent practicable,
building, training, and assessment centers established under
this section shall be collocated with Industrial Assessment
Centers.

TITLE II--BUILDING EFFICIENCY FINANCE

SEC. 2201. LOAN PROGRAM FOR ENERGY EFFICIENCY UPGRADES TO
EXISTING BUILDINGS.

Title XVII of the Energy Policy Act of 2005 (42 U.S.C.
16511 et seq.) is amended by adding at the end the following:

``SEC. 1706. BUILDING RETROFIT FINANCING PROGRAM.

``(a) Definitions.--In this section:
``(1) Credit support.--The term `credit support' means a
guarantee or commitment to issue a guarantee or other forms
of credit enhancement to ameliorate risks for efficiency
obligations.
``(2) Efficiency obligation.--The term `efficiency
obligation' means a debt or repayment obligation incurred in
connection with financing a project, or a portfolio of such
debt or payment obligations.
``(3) Project.--The term `project' means the installation
and implementation of efficiency, advanced metering,
distributed generation, or renewable energy technologies and
measures in a building (or in multiple buildings on a given
property) that are expected to increase the energy efficiency
of the building (including fixtures) in accordance with
criteria established by the Secretary.
``(b) Eligible Projects.--
``(1) In general.--Notwithstanding sections 1703 and 1705,
the Secretary may provide credit support under this section,
in accordance with section 1702.
``(2) Inclusions.--Buildings eligible for credit support
under this section include commercial, multifamily
residential, industrial, municipal, government, institution
of higher education, school, and hospital facilities that
satisfy criteria established by the Secretary.
``(c) Guidelines.--
``(1) In general.--Not later than 180 days after the date
of enactment of this section, the Secretary shall--
``(A) establish guidelines for credit support provided
under this section; and
``(B) publish the guidelines in the Federal Register; and
``(C) provide for an opportunity for public comment on the
guidelines.
``(2) Requirements.--The guidelines established by the
Secretary under this subsection shall include--
``(A) standards for assessing the energy savings that could
reasonably be expected to result from a project;
``(B) examples of financing mechanisms (and portfolios of
such financing mechanisms) that qualify as efficiency
obligations;
``(C) the threshold levels of energy savings that a
project, at the time of issuance of credit support, shall be
reasonably expected to achieve to be eligible for credit
support;
``(D) the eligibility criteria the Secretary determines to
be necessary for making credit support available under this
section; and
``(E) notwithstanding subsections (d)(3) and (g)(2)(B) of
section 1702, any lien priority requirements that the
Secretary determines to be necessary, in consultation with
the Director of the Office of Management and Budget, which
may include--
``(i) requirements to preserve priority lien status of
secured lenders and creditors in buildings eligible for
credit support;
``(ii) remedies available to the Secretary under chapter
176 of title 28, United States Code, in the event of default
on the efficiency obligation by the borrower; and
``(iii) measures to limit the exposure of the Secretary to
financial risk in the event of default, such as--

``(I) the collection of a credit subsidy fee from the
borrower as a loan loss reserve, taking into account the
limitation on credit support under subsection (d);
``(II) minimum debt-to-income levels of the borrower;
``(III) minimum levels of value relative to outstanding
mortgage or other debt on a building eligible for credit
support;
``(IV) allowable thresholds for the percent of the
efficiency obligation relative to the amount of any mortgage
or other debt on an eligible building;
``(V) analysis of historic and anticipated occupancy levels
and rental income of an eligible building;

[[Page S4969]]

``(VI) requirements of third-party contractors to guarantee
energy savings that will result from a retrofit project, and
whether financing on the efficiency obligation will amortize
from the energy savings;
``(VII) requirements that the retrofit project incorporate
protocols to measure and verify energy savings; and
``(VIII) recovery of payments equally by the Secretary and
the retrofit.

``(3) Efficiency obligations.--The financing mechanisms
qualified by the Secretary under paragraph (2)(B) may
include--
``(A) loans, including loans made by the Federal Financing
Bank;
``(B) power purchase agreements, including energy
efficiency power purchase agreements;
``(C) energy services agreements, including energy
performance contracts;
``(D) property assessed clean energy bonds and other tax
assessment-based financing mechanisms;
``(E) aggregate on-meter agreements that finance retrofit
projects; and
``(F) any other efficiency obligations the Secretary
determines to be appropriate.
``(4) Priorities.--In carrying out this section, the
Secretary shall prioritize--
``(A) the maximization of energy savings with the available
credit support funding;
``(B) the establishment of a clear application and approval
process that allows private building owners, lenders, and
investors to reasonably expect to receive credit support for
projects that conform to guidelines;
``(C) the distribution of projects receiving credit support
under this section across States or geographical regions of
the United States; and
``(D) projects designed to achieve whole-building
retrofits.
``(d) Limitation.--Notwithstanding section 1702(c), the
Secretary shall not issue credit support under this section
in an amount that exceeds--
``(1) 90 percent of the principal amount of the efficiency
obligation that is the subject of the credit support; or
``(2) $10,000,000 for any single project.
``(e) Aggregation of Projects.--To the extent provided in
the guidelines developed in accordance with subsection (c),
the Secretary may issue credit support on a portfolio, or
pool of projects, that are not required to be geographically
contiguous, if each efficiency obligation in the pool
fulfills the requirements described in this section.
``(f) Application.--
``(1) In general.--To be eligible to receive credit support
under this section, the applicant shall submit to the
Secretary an application at such time, in such manner, and
containing such information as the Secretary determines to be
necessary.
``(2) Contents.--An application submitted under this
section shall include assurances by the applicant that--
``(A) each contractor carrying out the project meets
minimum experience level criteria, including local retrofit
experience, as determined by the Secretary;
``(B) the project is reasonably expected to achieve energy
savings, as set forth in the application using any
methodology that meets the standards described in the program
guidelines;
``(C) the project meets any technical criteria described in
the program guidelines;
``(D) the recipient of the credit support and the parties
to the efficiency obligation will provide the Secretary
with--
``(i) any information the Secretary requests to assess the
energy savings that result from the project, including
historical energy usage data, a simulation-based benchmark,
and detailed descriptions of the building work, as described
in the program guidelines; and
``(ii) permission to access information relating to
building operations and usage for the period described in the
program guidelines; and
``(E) any other assurances that the Secretary determines to
be necessary.
``(3) Determination.--Not later than 90 days after
receiving an application, the Secretary shall make a final
determination on the application, which may include requests
for additional information.
``(g) Fees.--
``(1) In general.--In addition to the fees required by
section 1702(h)(1), the Secretary may charge reasonable fees
for credit support provided under this section.
``(2) Availability.--Fees collected under this section
shall be subject to section 1702(h)(2).
``(h) Underwriting.--The Secretary may delegate the
underwriting activities under this section to 1 or more
entities that the Secretary determines to be qualified.
``(i) Report.--Not later than 1 year after commencement of
the program, the Secretary shall submit to the appropriate
committees of Congress a report that describes in reasonable
detail--
``(1) the manner in which this section is being carried
out;
``(2) the number and type of projects supported;
``(3) the types of funding mechanisms used to provide
credit support to projects;
``(4) the energy savings expected to result from projects
supported by this section;
``(5) any tracking efforts the Secretary is using to
calculate the actual energy savings produced by the projects;
and
``(6) any plans to improve the tracking efforts described
in paragraph (5).
``(j) Funding.--
``(1) Authorization of appropriations.--There is authorized
to be appropriated to the Secretary to carry out this section
$400,000,000 for the period of fiscal years 2012 through
2021, to remain available until expended.
``(2) Administrative costs.--Not more than 1 percent of any
amounts made available to the Secretary under paragraph (1)
may be used by the Secretary for administrative costs
incurred in carrying out this section.''.

TITLE III--INDUSTRIAL EFFICIENCY AND COMPETITIVENESS

Subtitle A--Manufacturing Energy Efficiency

SEC. 2301. STATE PARTNERSHIP INDUSTRIAL ENERGY EFFICIENCY
REVOLVING LOAN PROGRAM.

Section 399A of the Energy Policy and Conservation Act (42
U.S.C. 6371h-1) is amended--
(1) in the section heading, by inserting ``and industry''
before the period at the end;
(2) by redesignating subsections (h) and (i) as subsections
(i) and (j), respectively; and
(3) by inserting after subsection (g) the following:
``(h) State Partnership Industrial Energy Efficiency
Revolving Loan Program.--
``(1) In general.--The Secretary shall carry out a program
under which the Secretary shall provide grants to eligible
lenders to pay the Federal share of creating a revolving loan
program under which loans are provided to commercial and
industrial manufacturers to implement commercially available
technologies or processes that significantly--
``(A) reduce systems energy intensity, including the use of
energy-intensive feedstocks; and
``(B) improve the industrial competitiveness of the United
States.
``(2) Eligible lenders.--To be eligible to receive cost-
matched Federal funds under this subsection, a lender shall--
``(A) be a community and economic development lender that
the Secretary certifies meets the requirements of this
subsection;
``(B) lead a partnership that includes participation by, at
a minimum--
``(i) a State government agency; and
``(ii) a private financial institution or other provider of
loan capital;
``(C) submit an application to the Secretary, and receive
the approval of the Secretary, for cost-matched Federal funds
to carry out a loan program described in paragraph (1); and
``(D) ensure that non-Federal funds are provided to match,
on at least a dollar-for-dollar basis, the amount of Federal
funds that are provided to carry out a revolving loan program
described in paragraph (1).
``(3) Award.--The amount of cost-matched Federal funds
provided to an eligible lender shall not exceed $100,000,000
for any fiscal year.
``(4) Recapture of awards.--
``(A) In general.--An eligible lender that receives an
award under paragraph (1) shall be required to repay to the
Secretary an amount of cost-match Federal funds, as
determined by the Secretary under subparagraph (B), if the
eligible lender is unable or unwilling to operate a program
described in this subsection for a period of not less than 10
years beginning on the date on which the eligible lender
first receives funds made available through the award.
``(B) Determination by secretary.--The Secretary shall
determine the amount of cost-match Federal funds that an
eligible lender shall be required to repay to the Secretary
under subparagraph (A) based on the consideration by the
Secretary of--
``(i) the amount of non-Federal funds matched by the
eligible lender;
``(ii) the amount of loan losses incurred by the revolving
loan program described in paragraph (1); and
``(iii) any other appropriate factor, as determined by the
Secretary.
``(C) Use of recaptured cost-match federal funds.--The
Secretary may distribute to eligible lenders under this
subsection each amount received by the Secretary under this
paragraph.
``(5) Eligible projects.--A program for which cost-matched
Federal funds are provided under this subsection shall be
designed to accelerate the implementation of industrial and
commercial applications of technologies or processes
(including distributed generation, applications or
technologies that use sensors, meters, software, and
information networks, controls, and drives or that have been
installed pursuant to an energy savings performance contract,
project, or strategy) that--
``(A) improve energy efficiency, including improvements in
efficiency and use of water, power factor, or load
management;
``(B) enhance the industrial competitiveness of the United
States; and
``(C) achieve such other goals as the Secretary determines
to be appropriate.
``(6) Evaluation.--The Secretary shall evaluate
applications for cost-matched Federal funds under this
subsection on the basis of--
``(A) the description of the program to be carried out with
the cost-matched Federal funds;
``(B) the commitment to provide non-Federal funds in
accordance with paragraph (2)(D);
``(C) program sustainability over a 10-year period;
``(D) the capability of the applicant;

[[Page S4970]]

``(E) the quantity of energy savings or energy feedstock
minimization;
``(F) the advancement of the goal under this Act of 25-
percent energy avoidance;
``(G) the ability to fund energy efficient projects not
later than 120 days after the date of the grant award; and
``(H) such other factors as the Secretary determines
appropriate.
``(7) Authorization of appropriations.--There are
authorized to be appropriated to carry out this subsection,
$400,000,000 for the period of fiscal years 2012 through
2021.''.

SEC. 2302. COORDINATION OF RESEARCH AND DEVELOPMENT OF ENERGY
EFFICIENT TECHNOLOGIES FOR INDUSTRY.

(a) In General.--As part of the research and development
activities of the Industrial Technologies Program of the
Department of Energy, the Secretary shall establish, as
appropriate, collaborative research and development
partnerships with other programs within the Office of Energy
Efficiency and Renewable Energy (including the Building
Technologies Program), the Office of Electricity Delivery and
Energy Reliability, and the Office of Science that--
(1) leverage the research and development expertise of
those programs to promote early stage energy efficiency
technology development;
(2) support the use of innovative manufacturing processes
and applied research for development, demonstration, and
commercialization of new technologies and processes to
improve efficiency (including improvements in efficient use
of water), reduce emissions, reduce industrial waste, and
improve industrial cost-competitiveness; and
(3) apply the knowledge and expertise of the Industrial
Technologies Program to help achieve the program goals of the
other programs.
(b) Reports.--Not later than 2 years after the date of
enactment of this Act and biennially thereafter, the
Secretary shall submit to Congress a report that describes
actions taken to carry out subsection (a) and the results of
those actions.

SEC. 2303. REDUCING BARRIERS TO THE DEPLOYMENT OF INDUSTRIAL
ENERGY EFFICIENCY.

(a) Definitions.--In this section:
(1) Industrial energy efficiency.--The term ``industrial
energy efficiency'' means the energy efficiency derived from
commercial technologies and measures to improve energy
efficiency or to generate or transmit electric power and
heat, including electric motor efficiency improvements,
demand response, direct or indirect combined heat and power,
and waste heat recovery.
(2) Industrial sector.--The term ``industrial sector''
means any subsector of the manufacturing sector (as defined
in North American Industry Classification System codes 31-33
(as in effect on the date of enactment of this Act))
establishments of which have, or could have, thermal host
facilities with electricity requirements met in whole, or in
part, by onsite electricity generation, including direct and
indirect combined heat and power or waste recovery.
(3) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
(b) Report on the Deployment of Industrial Energy
Efficiency.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall submit to the
Committee on Energy and Commerce of the House of
Representatives and the Committee on Energy and Natural
Resources of the Senate a report describing--
(A) the results of the study conducted under paragraph (2);
and
(B) recommendations and guidance developed under paragraph
(3).
(2) Study.--The Secretary, in coordination with the
industrial sector, shall conduct a study of the following:
(A) The legal, regulatory, and economic barriers to the
deployment of industrial energy efficiency in all electricity
markets (including organized wholesale electricity markets,
and regulated electricity markets), including, as applicable,
the following:
(i) Transmission and distribution interconnection
requirements.
(ii) Standby, back-up, and maintenance fees (including
demand ratchets).
(iii) Exit fees.
(iv) Life of contract demand ratchets.
(v) Net metering.
(vi) Calculation of avoided cost rates.
(vii) Power purchase agreements.
(viii) Energy market structures.
(ix) Capacity market structures.
(x) Other barriers as may be identified by the Secretary,
in coordination with the industrial sector.
(B) Examples of --
(i) successful State and Federal policies that resulted in
greater use of industrial energy efficiency;
(ii) successful private initiatives that resulted in
greater use of industrial energy efficiency; and
(iii) cost-effective policies used by foreign countries to
foster industrial energy efficiency.
(C) The estimated economic benefits to the national economy
of providing the industrial sector with Federal energy
efficiency matching grants of $5,000,000,000 for 5- and 10-
year periods, including benefits relating to--
(i) estimated energy and emission reductions;
(ii) direct and indirect jobs saved or created;
(iii) direct and indirect capital investment;
(iv) the gross domestic product; and
(v) trade balance impacts.
(D) The estimated energy savings available from increased
use of recycled material in energy-intensive manufacturing
processes.
(3) Recommendations and guidance.--The Secretary, in
coordination with the industrial sector, shall develop policy
recommendations regarding the deployment of industrial energy
efficiency, including proposed regulatory guidance to States
and relevant Federal agencies to address barriers to
deployment.

SEC. 2304. FUTURE OF INDUSTRY PROGRAM.

(a) In General.--Section 452 of the Energy Independence and
Security Act of 2007 (42 U.S.C. 17111) is amended by striking
the section heading and inserting the following: ``future of
industry program''.
(b) Definition of Energy Service Provider.--Section 452(a)
of the Energy Independence and Security Act of 2007 (42
U.S.C. 17111(a)) is amended--
(1) by redesignating paragraphs (3) through (5) as
paragraphs (4) through (6), respectively; and
(2) by inserting after paragraph (3):
``(5) Energy service provider.--The term `energy service
provider' means any private company or similar entity
providing technology or services to improve energy efficiency
in an energy-intensive industry.''.
(c) Industrial Research and Assessment Centers.--
(1) In general.--Section 452(e) of the Energy Independence
and Security Act of 2007 (42 U.S.C. 17111(e)) is amended--
(A) by redesignating paragraphs (1) through (5) as
subparagraphs (A) through (E), respectively, and indenting
appropriately;
(B) by striking ``The Secretary'' and inserting the
following:
``(1) In general.--The Secretary'';
(C) in subparagraph (A) (as redesignated by subparagraph
(A)), by inserting before the semicolon at the end the
following: ``, including assessments of sustainable
manufacturing goals and the implementation of information
technology advancements for supply chain analysis, logistics,
system monitoring, industrial and manufacturing processes,
and other purposes''; and
(D) by adding at the end the following:
``(2) Centers of excellence.--
``(A) In general.--The Secretary shall establish a Center
of Excellence at up to 10 of the highest performing
industrial research and assessment centers, as determined by
the Secretary.
``(B) Duties.--A Center of Excellence shall coordinate with
and advise the industrial research and assessment centers
located in the region of the Center of Excellence.
``(C) Funding.--Subject to the availability of
appropriations, of the funds made available under subsection
(f), the Secretary shall use to support each Center of
Excellence not less than $500,000 for fiscal year 2012 and
each fiscal year thereafter, as determined by the Secretary.
``(3) Expansion of centers.--The Secretary shall provide
funding to establish additional industrial research and
assessment centers at institutions of higher education that
do not have industrial research and assessment centers
established under paragraph (1), taking into account the size
of, and potential energy efficiency savings for, the
manufacturing base within the region of the proposed center.
``(4) Coordination.--
``(A) In general.--To increase the value and capabilities
of the industrial research and assessment centers, the
centers shall--
``(i) coordinate with Manufacturing Extension Partnership
Centers of the National Institute of Standards and
Technology;
``(ii) coordinate with the Building Technologies Program of
the Department of Energy to provide building assessment
services to manufacturers;
``(iii) increase partnerships with the National
Laboratories of the Department of Energy to leverage the
expertise and technologies of the National Laboratories for
national industrial and manufacturing needs;
``(iv) increase partnerships with energy service providers
and technology providers to leverage private sector expertise
and accelerate deployment of new and existing technologies
and processes for energy efficiency, power factor, and load
management;
``(v) identify opportunities for reducing greenhouse gas
emissions; and
``(vi) promote sustainable manufacturing practices for
small- and medium-sized manufacturers.
``(5) Outreach.--The Secretary shall provide funding for--
``(A) outreach activities by the industrial research and
assessment centers to inform small- and medium-sized
manufacturers of the information, technologies, and services
available; and
``(B) a full-time equivalent employee at each center of
excellence whose primary mission shall be to coordinate and
leverage the efforts of the center with--
``(i) Federal and State efforts;
``(ii) the efforts of utilities and energy service
providers;
``(iii) the efforts of regional energy efficiency
organizations; and
``(iv) the efforts of other centers in the region of the
center of excellence.
``(6) Workforce training.--
``(A) In general.--The Secretary shall pay the Federal
share of associated internship programs under which students
work with or for industries, manufacturers, and energy
service providers to implement the recommendations of
industrial research and assessment centers.

[[Page S4971]]

``(B) Federal share.--The Federal share of the cost of
carrying out internship programs described in subparagraph
(A) shall be 50 percent.
``(C) Funding.--Subject to the availability of
appropriations, of the funds made available under subsection
(f), the Secretary shall use to carry out this paragraph not
less than $5,000,000 for fiscal year 2012 and each fiscal
year thereafter.
``(7) Small business loans.--The Administrator of the Small
Business Administration shall, to the maximum practicable,
expedite consideration of applications from eligible small
business concerns for loans under the Small Business Act (15
U.S.C. 631 et seq.) to implement recommendations of
industrial research and assessment centers established under
paragraph (1).''.

SEC. 2305. SUSTAINABLE MANUFACTURING INITIATIVE.

(a) In General.--Part E of title III of the Energy Policy
and Conservation Act (42 U.S.C. 6341) is amended by adding at
the end the following:

``SEC. 376. SUSTAINABLE MANUFACTURING INITIATIVE.

``(a) In General.--As part of the Industrial Technologies
Program of the Department of Energy, the Secretary shall
carry out a sustainable manufacturing initiative under which
the Secretary, on the request of a manufacturer, shall
conduct onsite technical assessments to identify
opportunities for--
``(1) maximizing the energy efficiency of industrial
processes and cross-cutting systems;
``(2) preventing pollution and minimizing waste;
``(3) improving efficient use of water in manufacturing
processes;
``(4) conserving natural resources; and
``(5) achieving such other goals as the Secretary
determines to be appropriate.
``(b) Coordination.--The Secretary shall carry out the
initiative in coordination with the private sector and
appropriate agencies, including the National Institute of
Standards and Technology to accelerate adoption of new and
existing technologies or processes that improve energy
efficiency.
``(c) Research and Development Program for Sustainable
Manufacturing and Industrial Technologies and Processes.--As
part of the Industrial Technologies Program of the Department
of Energy, the Secretary shall carry out a joint industry-
government partnership program to research, develop, and
demonstrate new sustainable manufacturing and industrial
technologies and processes that maximize the energy
efficiency of industrial systems, reduce pollution, and
conserve natural resources.
``(d) Authorization of Appropriations.--There is authorized
to be to carry out this section $10,000,000 for the period of
fiscal years 2012 through 2021.''.
(b) Table of Contents.--The table of contents of the Energy
Policy and Conservation Act (42 U.S.C. prec. 6201) is amended
by adding at the end of the items relating to part E of title
III the following:

``Sec. 376. Sustainable manufacturing initiative.''.

SEC. 2306. STUDY OF ADVANCED ENERGY TECHNOLOGY MANUFACTURING
CAPABILITIES IN THE UNITED STATES.

(a) In General.--Not later than 60 days after the date of
enactment of this Act, the Secretary shall enter into an
arrangement with the National Academy of Sciences under which
the Academy shall conduct a study of the development of
advanced manufacturing capabilities for various energy
technologies, including--
(1) an assessment of the manufacturing supply chains of
established and emerging industries;
(2) an analysis of--
(A) the manner in which supply chains have changed over the
25-year period ending on the date of enactment of this Act;
(B) current trends in supply chains; and
(C) the energy intensity of each part of the supply chain
and opportunities for improvement;
(3) for each technology or manufacturing sector, an
analysis of which sections of the supply chain are critical
for the United States to retain or develop to be competitive
in the manufacturing of the technology;
(4) an assessment of which emerging energy technologies the
United States should focus on to create or enhance
manufacturing capabilities; and
(5) recommendations on leveraging the expertise of energy
efficiency and renewable energy user facilities so that best
materials and manufacturing practices are designed and
implemented.
(b) Report.--Not later than 2 years after the date on which
the Secretary enters into the agreement with the Academy
described in subsection (a), the Academy shall submit to the
Committee on Energy and Natural Resources of the Senate, the
Committee on Energy and Commerce of the House of
Representatives, and the Secretary a report describing the
results of the study required under this section, including
any findings and recommendations.

SEC. 2307. INDUSTRIAL TECHNOLOGIES STEERING COMMITTEE.

The Secretary shall establish an advisory steering
committee that includes national trade associations
representing energy-intensive industries or energy service
providers to provide recommendations to the Secretary on
planning and implementation of the Industrial Technologies
Program of the Department of Energy.

Subtitle B--Supply Star

SEC. 2311. SUPPLY STAR.

Part B of title III of the Energy Policy and Conservation
Act (42 U.S.C. 6291) is amended by inserting after section
324A (42 U.S.C. 6294a) the following:

``SEC. 324B. SUPPLY STAR PROGRAM.

``(a) In General.--There is established within the
Department of Energy a Supply Star program to identify and
promote practices, recognize companies, and, as appropriate,
recognize products that use highly efficient supply chains in
a manner that conserves energy, water, and other resources.
``(b) Coordination.--In carrying out the program described
in subsection (a), the Secretary shall--
``(1) consult with other appropriate agencies; and
``(2) coordinate efforts with the Energy Star program
established under section 324A.
``(c) Duties.--In carrying out the Supply Star program
described in subsection (a), the Secretary shall--
``(1) promote practices, recognize companies, and, as
appropriate, recognize products that comply with the Supply
Star program as the preferred practices, companies, and
products in the marketplace for maximizing supply chain
efficiency;
``(2) work to enhance industry and public awareness of the
Supply Star program;
``(3) collect and disseminate data on supply chain energy
resource consumption;
``(4) develop and disseminate metrics, processes, and
analytical tools (including software) for evaluating supply
chain energy resource use;
``(5) develop guidance at the sector level for improving
supply chain efficiency;
``(6) work with domestic and international organizations to
harmonize approaches to analyzing supply chain efficiency,
including the development of a consistent set of tools,
templates, calculators, and databases; and
``(7) work with industry, including small businesses, to
improve supply chain efficiency through activities that
include--
``(A) developing and sharing best practices; and
``(B) providing opportunities to benchmark supply chain
efficiency.
``(d) Evaluation.--In any evaluation of supply chain
efficiency carried out by the Secretary with respect to a
specific product, the Secretary shall consider energy
consumption and resource use throughout the entire lifecycle
of a product, including production, transport, packaging,
use, and disposal.
``(e) Grants and Incentives.--
``(1) In general.--The Secretary may award grants or other
forms of incentives on a competitive basis to eligible
entities, as determined by the Secretary, for the purposes
of--
``(A) studying supply chain energy resource efficiency; and
``(B) demonstrating and achieving reductions in the energy
resource consumption of commercial products through changes
and improvements to the production supply and distribution
chain of the products.
``(2) Use of information.--Any information or data
generated as a result of the grants or incentives described
in paragraph (1) shall be used to inform the development of
the Supply Star Program.
``(f) Training.--The Secretary shall use funds to support
professional training programs to develop and communicate
methods, practices, and tools for improving supply chain
efficiency.
``(g) Effect of Impact on Climate Change.--For purposes of
this section, the impact on climate change shall not be a
factor in determining supply chain efficiency.
``(h) Effect of Outsourcing of American Jobs.--For purposes
of this section, the outsourcing of American jobs in the
production of a product shall not count as a positive factor
in determining supply chain efficiency.
``(i) Authorization of Appropriations.--There are
authorized to be appropriated to carry out this section
$10,000,000 for the period of fiscal years 2012 through
2021.''.

Subtitle C--Electric Motor Rebate Program

SEC. 2321. ENERGY SAVING MOTOR CONTROL REBATE PROGRAM.

(a) Establishment.--Not later than January 1, 2012, the
Secretary of Energy (referred to in this section as the
``Secretary'') shall establish a program to provide rebates
for expenditures made by entities for the purchase and
installation of a new constant speed electric motor control
that reduces motor energy use by not less than 5 percent.
(b) Requirements.--
(1) Application.--To be eligible to receive a rebate under
this section, an entity shall submit to the Secretary an
application in such form, at such time, and containing such
information as the Secretary may require, including--
(A) demonstrated evidence that the entity purchased a
constant speed electric motor control that reduces motor
energy use by not less than 5 percent; and
(B) the physical nameplate of the installed motor of the
entity to which the energy saving motor control is attached.
(2) Authorized amount of rebate.--The Secretary may provide
to an entity that meets the requirements of paragraph (1) a
rebate the amount of which shall be equal to the product
obtained by multiplying--
(A) the nameplate horsepower of the electric motor to which
the energy saving motor control is attached; and
(B) $25.
(c) Authorization of Appropriations.--There is authorized
to be appropriated to

[[Page S4972]]

carry out this section $5,000,000 for each of fiscal years
2012 and 2013, to remain available until expended.

Subtitle D--Transformer Rebate Program

SEC. 2331. ENERGY EFFICIENT TRANSFORMER REBATE PROGRAM.

(a) Definition of Qualified Transformer.--In this section,
the term ``qualified transformer'' means a transformer that
meets or exceeds the National Electrical Manufacturers
Association (NEMA) Premium Efficiency designation, calculated
to 2 decimal points, as having 30 percent fewer losses than
the NEMA TP-1-2002 efficiency standard for a transformer of
the same number of phases and capacity, as measured in
kilovolt-amperes.
(b) Establishment.--Not later than January 1, 2012, the
Secretary of Energy (referred to in this section as the
``Secretary'') shall establish a program to provide rebates
for expenditures made by owners of commercial buildings and
multifamily residential buildings for the purchase and
installation of a new energy efficient transformers.
(c) Requirements.--
(1) Application.--To be eligible to receive a rebate under
this section, an owner shall submit to the Secretary an
application in such form, at such time, and containing such
information as the Secretary may require, including
demonstrated evidence that the owner purchased a qualified
transformer.
(2) Authorized amount of rebate.--For qualified
transformers, rebates, in dollars per kilovolt-ampere
(referred to in this paragraph as ``kVA'') shall be--
(A) for 3-phase transformers--
(i) with a capacity of not greater than 10 kVA, $15;
(ii) with a capacity of not less than 10 kVA and not
greater than 100 kVA, the difference between 15 and the
quotient obtained by dividing--

(I) the difference between--

(aa) the capacity of the transformer in kVA; and
(bb) 10; by

(II) 9; and

(iii) with a capacity greater than or equal to 100 kVA, $5;
and
(B) for single-phase transformers, 75 percent of the rebate
for a 3-phase transformer of the same capacity.
(d) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $5,000,000 for
each of fiscal years 2012 and 2013, to remain available until
expended.

TITLE IV--FEDERAL AGENCY ENERGY EFFICIENCY

SEC. 2401. ADOPTION OF PERSONAL COMPUTER POWER SAVINGS
TECHNIQUES BY FEDERAL AGENCIES.

(a) In General.--Not later than 360 days after the date of
enactment of this Act, the Secretary of Energy, in
consultation with the Secretary of Defense, the Secretary of
Veterans Affairs, and the Administrator of General Services,
shall issue guidance for Federal agencies to employ advanced
tools allowing energy savings through the use of computer
hardware, energy efficiency software, and power management
tools.
(b) Reports on Plans and Savings.--Not later than 180 days
after the date of the issuance of the guidance under
subsection (a), each Federal agency shall submit to the
Secretary of Energy a report that describes--
(1) the plan of the agency for implementing the guidance
within the agency; and
(2) estimated energy and financial savings from employing
the tools described in subsection (a).

SEC. 2402. AVAILABILITY OF FUNDS FOR DESIGN UPDATES.

Section 3307 of title 40, United States Code, is amended--
(1) by redesignating subsections (d) through (h) as
subsections (e) through (i), respectively; and
(2) by inserting after subsection (c) the following:
``(d) Availability of Funds for Design Updates.--
``(1) In general.--Subject to paragraph (2), for any
project for which congressional approval is received under
subsection (a) and for which the design has been
substantially completed but construction has not begun, the
Administrator of General Services may use appropriated funds
to update the project design to meet applicable Federal
building energy efficiency standards established under
section 305 of the Energy Conservation and Production Act (42
U.S.C. 6834) and other requirements established under section
3312.
``(2) Limitation.--The use of funds under paragraph (1)
shall not exceed 125 percent of the estimated energy or other
cost savings associated with the updates as determined by a
life-cycle cost analysis under section 544 of the National
Energy Conservation Policy Act (42 U.S.C. 8254).''.

SEC. 2403. BEST PRACTICES FOR ADVANCED METERING.

Section 543(e) of the National Energy Conservation Policy
Act (42 U.S.C. 8253(e) is amended by striking paragraph (3)
and inserting the following:
``(3) Plan.--
``(A) In general.--Not later than 180 days after the date
on which guidelines are established under paragraph (2), in a
report submitted by the agency under section 548(a), each
agency shall submit to the Secretary a plan describing the
manner in which the agency will implement the requirements of
paragraph (1), including--
``(i) how the agency will designate personnel primarily
responsible for achieving the requirements; and
``(ii) a demonstration by the agency, complete with
documentation, of any finding that advanced meters or
advanced metering devices (as those terms are used in
paragraph (1)), are not practicable.
``(B) Updates.--Reports submitted under subparagraph (A)
shall be updated annually.
``(4) Best practices report.--
``(A) In general.--Not later than 180 days after the date
of enactment of the Energy Savings and Industrial
Competitiveness Act of 2012, the Secretary of Energy, in
consultation with the Secretary of Defense and the
Administrator of General Services, shall develop, and issue a
report on, best practices for the use of advanced metering of
energy use in Federal facilities, buildings, and equipment by
Federal agencies.
``(B) Updating.--The report described under subparagraph
(A) shall be updated annually.
``(C) Components.--The report shall include, at a minimum--
``(i) summaries and analysis of the reports by agencies
under paragraph (3);
``(ii) recommendations on standard requirements or
guidelines for automated energy management systems,
including--

``(I) potential common communications standards to allow
data sharing and reporting;
``(II) means of facilitating continuous commissioning of
buildings and evidence-based maintenance of buildings and
building systems; and
``(III) standards for sufficient levels of security and
protection against cyber threats to ensure systems cannot be
controlled by unauthorized persons; and

``(iii) an analysis of--

``(I) the types of advanced metering and monitoring systems
being piloted, tested, or installed in Federal buildings; and
``(II) existing techniques used within the private sector
or other non-Federal government buildings.''.

SEC. 2404. FEDERAL ENERGY MANAGEMENT AND DATA COLLECTION
STANDARD.

Section 543 of the National Energy Conservation Policy Act
(42 U.S.C. 8253) is amended--
(1) by redesignating the second subsection (f) (as added by
section 434(a) of Public Law 110-140 (121 Stat. 1614)) as
subsection (g); and
(2) in subsection (f)(7), by striking subparagraph (A) and
inserting the following:
``(A) In general.--For each facility that meets the
criteria established by the Secretary under paragraph (2)(B),
the energy manager shall use the web-based tracking system
under subparagraph (B)--
``(i) to certify compliance with the requirements for--

``(I) energy and water evaluations under paragraph (3);
``(II) implementation of identified energy and water
measures under paragraph (4); and
``(III) follow-up on implemented measures under paragraph
(5); and

``(ii) to publish energy and water consumption data on an
individual facility basis.''.

SEC. 2405. ELECTRIC VEHICLE CHARGING INFRASTRUCTURE.

Section 804(4) of the National Energy Conservation Policy
Act (42 U.S.C. 8287c(4)) is amended--
(1) in subparagraph (A), by striking ``or'' after the
semicolon;
(2) in subparagraph (B), by striking the period at the end
and inserting ``; or''; and
(3) by adding at the end the following:
``(C) a measure to support the use of electric vehicles or
the fueling or charging infrastructure necessary for electric
vehicles.''.

SEC. 2406. FEDERAL PURCHASE REQUIREMENT.

Section 203 of the Energy Policy Act of 2005 (42 U.S.C.
15852) is amended--
(1) in subsections (a) and (b)(2), by striking ``electric
energy'' each place it appears and inserting ``electric,
direct, and thermal energy'';
(2) in subsection (b)(2)--
(A) by inserting ``, or avoided by,'' after ``generated
from''; and
(B) by inserting ``(including ground-source, reclaimed, and
ground water)''after ``geothermal'';
(3) by redesignating subsection (d) as subsection (e); and
(4) by inserting after subsection (c) the following:
``(d) Separate Calculation.--Renewable energy produced at a
Federal facility, on Federal land, or on Indian land (as
defined in section 2601 of the Energy Policy Act of 1992 (25
U.S.C. 3501))--
``(1) shall be calculated (on a BTU-equivalent basis)
separately from renewable energy used; and
``(2) may be used individually or in combination to comply
with subsection (a).''.

SEC. 2407. STUDY ON FEDERAL DATA CENTER CONSOLIDATION.

(a) In General.--The Secretary of Energy shall conduct a
study on the feasibility of a government-wide data center
consolidation, with an overall Federal target of a minimum of
800 Federal data center closures by October 1, 2015.
(b) Coordination.--In conducting the study, the Secretary
shall coordinate with Federal data center program managers,
facilities managers, and sustainability officers.
(c) Report.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall submit to Congress
a report that describes the results of the study, including a
description of agency best practices in data center
consolidation.

[[Page S4973]]

TITLE V--MISCELLANEOUS

SEC. 2501. OFFSETS.

(a) Zero-Net Energy Commercial Buildings Initiative.--
Section 422(f) of the Energy Independence and Security Act of
2007 (42 U.S.C. 17082(f)) is amended by striking paragraphs
(2) through (4) and inserting the following:
``(2) $50,000,000 for each of fiscal years 2009 through
2012;
``(3) $100,000,000 for fiscal year 2013; and
``(4) $200,000,000 for each of fiscal years 2014 through
2018.''.
(b) Energy Sustainability and Efficiency Grants and Loans
for Institutions.--Subsection (j) of section 399A of the
Energy Policy and Conservation Act (42 U.S.C. 6371h-1) (as
redesignated by section 2301(2)) is amended--
(1) in paragraph (1), by striking ``through 2013'' and
inserting ``and 2010, $100,000,000 for each of fiscal years
2011 and 2012, and $250,000,000 for fiscal year 2013''; and
(2) in paragraph (2), by striking ``through 2013'' and
inserting ``and 2010, $100,000,000 for each of fiscal years
2011 and 2012, and $425,000,000 for fiscal year 2013''.
(c) Waste Energy Recovery Incentive Program.--Section
373(f)(1) of the Energy Policy and Conservation Act (42
U.S.C. 6343(f)(1)) is amended--
(1) by redesignating subparagraph (B) as subparagraph (D);
and
(2) by striking subparagraph (A) and inserting the
following:
``(A) $100,000,000 for fiscal year 2008;
``(B) $200,000,000 for each of fiscal years 2009 and 2010;
``(C) $100,000,000 for each of fiscal years 2011 and 2012;
and''.
(d) Energy-intensive Industries Program.--Section 452(f)(1)
of the Energy Independence and Security Act of 2007 (42
U.S.C. 17111(f)(1)) is amended--
(1) in subparagraph (D), by striking ``$202,000,000'' and
inserting ``$102,000,000''; and
(2) in subparagraph (E), by striking ``$208,000,000'' and
inserting ``$108,000,000''.

SEC. 2502. BUDGETARY EFFECTS.

The budgetary effects of this Act, for the purpose of
complying with the Statutory Pay-As-You-Go-Act of 2010, shall
be determined by reference to the latest statement titled
``Budgetary Effects of PAYGO Legislation'' for this Act,
submitted for printing in the Congressional Record by the
Chairman of the Senate Budget Committee, provided that such
statement has been submitted prior to the vote on passage.

SEC. 2503. ADVANCE APPROPRIATIONS REQUIRED.

The authorization of amounts under this division and the
amendments made by this division shall be effective for any
fiscal year only to the extent and in the amount provided in
advance in appropriations Acts.
______

SA 2547. Mr. ROBERTS (for himself, Mr. Hatch, Mr. Rubio, Mr. Burr,
Ms. Collins, Mr. Brown of Massachusetts, Mr. Coburn, Mr. Alexander, and
Mr. Kirk) submitted an amendment intended to be proposed by him to the
bill S. 2237, to provide a temporary income tax credit for increased
payroll and extend bonus depreciation for an additional year, and for
other purposes; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. __. REPEAL OF DISTRIBUTIONS FOR MEDICINE QUALIFIED ONLY
IF FOR PRESCRIBED DRUG OR INSULIN.

Section 9003 of the Patient Protection and Affordable Care
Act (Public Law 111-148) and the amendments made by such
section are repealed; and the Internal Revenue Code of 1986
shall be applied as if such section, and amendments, had
never been enacted.
______

SA 2548. Mr. WYDEN submitted an amendment intended to be proposed to
amendment SA 2521 proposed by Mr. Reid (for Ms. Landrieu) to the bill
S. 2237, to provide a temporary income tax credit for increased payroll
and extend bonus depreciation for an additional year, and for other
purposes; which was ordered to lie on the table; as follows:

At the end of division B, insert the following:

TITLE __--ENTREPRENEURIAL TRAINING

SEC. __. RULEMAKING.

(a) In General.--Not later than 9 months after the date of
enactment of this Act, the Secretary of Labor shall establish
alternate guidelines for measuring State and local
performance, under section 136 of the Workforce Investment
Act of 1998 (42 U.S.C. 2871), regarding entrepreneurial
training services, as authorized in section 134(d)(4)(D)(vi)
of such Act (29 U.S.C. 2864(d)(4)(D)(vi)), and provide the
State and local workforce investment boards with specific
guidance on successful approaches to collecting performance
information on entrepreneurial training, notwithstanding
section 136(f)(2) of such Act (42 U.S.C. 2871(f)(2)).
(b) Considerations.--In determining the alternate
guidelines, the Secretary shall consider utilizing
authorities granted under the Workforce Investment Act of
1998, including a State's waiver authority, as authorized in
section 189(i)(4) of such Act (29 U.S.C. 2939(i)(4)).
(c) Report.--Not later than 12 months after publication of
the final rule establishing the guidelines, the Secretary
shall issue a report on the progress of State and local
workforce investment boards in implementing new
entrepreneurial training programs and any ongoing challenges
to offering entrepreneurial training programs, with
recommendations to Congress on how best to address those
challenges.
______

SA 2549. Ms. SNOWE (for herself and Mr. Coburn) submitted an
amendment intended to be proposed to amendment SA 2521 proposed by Mr.
Reid (for Ms. Landrieu) to the bill S. 2237, to provide a temporary
income tax credit for increased payroll and extend bonus depreciation
for an additional year, and for other purposes; which was ordered to
lie on the table; as follows:

At the end, add the following:

TITLE __--FREEDOM FROM RESTRICTIVE EXCESSIVE EXECUTIVE DEMANDS AND
ONEROUS MANDATES

SEC. _01. SHORT TITLE.

This title may be cited as the ``Freedom from Restrictive
Excessive Executive Demands and Onerous Mandates Act of
2012''.

SEC. _02. FINDINGS.

Congress finds the following:
(1) A vibrant and growing small business sector is critical
to the recovery of the economy of the United States.
(2) Regulations designed for application to large-scale
entities have been applied uniformly to small businesses and
other small entities, sometimes inhibiting the ability of
small entities to create new jobs.
(3) Uniform Federal regulatory and reporting requirements
in many instances have imposed on small businesses and other
small entities unnecessary and disproportionately burdensome
demands, including legal, accounting, and consulting costs,
thereby threatening the viability of small entities and the
ability of small entities to compete and create new jobs in a
global marketplace.
(4) Since 1980, Federal agencies have been required to
recognize and take account of the differences in the scale
and resources of regulated entities, but in many instances
have failed to do so.
(5) In 2009, there were nearly 70,000 pages in the Federal
Register, and, according to research by the Office of
Advocacy of the Small Business Administration, the annual
cost of Federal regulations totals $1,750,000,000,000. Small
firms bear a disproportionate burden, paying approximately 36
percent more per employee than larger firms in annual
regulatory compliance costs.
(6) All agencies in the Federal Government should fully
consider the costs, including indirect economic impacts and
the potential for job loss, of proposed rules, periodically
review existing regulations to determine their impact on
small entities, and repeal regulations that are unnecessarily
duplicative or have outlived their stated purpose.
(7) It is the intention of Congress to amend chapter 6 of
title 5, United States Code, to ensure that all impacts,
including foreseeable indirect effects, of proposed and final
rules are considered by agencies during the rulemaking
process and that the agencies assess a full range of
alternatives that will limit adverse economic consequences,
enhance economic benefits, and fully address potential job
loss.

SEC. _03. INCLUDING INDIRECT ECONOMIC IMPACT IN SMALL ENTITY
ANALYSES.

Section 601 of title 5, United States Code, is amended by
adding at the end the following:
``(9) the term `economic impact' means, with respect to a
proposed or final rule--
``(A) the economic effects on small entities directly
regulated by the rule; and
``(B) the reasonably foreseeable economic effects of the
rule on small entities that--
``(i) purchase products or services from, sell products or
services to, or otherwise conduct business with entities
directly regulated by the rule;
``(ii) are directly regulated by other governmental
entities as a result of the rule; or
``(iii) are not directly regulated by the agency as a
result of the rule but are otherwise subject to other agency
regulations as a result of the rule.''.

SEC. _04. JUDICIAL REVIEW TO ALLOW SMALL ENTITIES TO
CHALLENGE PROPOSED REGULATIONS.

Section 611(a) of title 5, United States Code, is amended--
(1) in paragraph (1), by inserting ``603,'' after ``601,'';
(2) in paragraph (2), by inserting ``603,'' after ``601,'';
(3) by striking paragraph (3) and inserting the following:
``(3) A small entity may seek such review during the 1-year
period beginning on the date of final agency action, except
that--
``(A) if a provision of law requires that an action
challenging a final agency action be commenced before the
expiration of 1 year, the lesser period shall apply to an
action for judicial review under this section; and
``(B) in the case of noncompliance with section 603 or
605(b), a small entity may seek judicial review of agency
compliance with such section before the close of the public
comment period.''; and
(4) in paragraph (4)--
(A) in subparagraph (A), by striking ``, and'' and
inserting a semicolon;

[[Page S4974]]

(B) in subparagraph (B), by striking the period and
inserting ``; or''; and
(C) by adding at the end the following:
``(C) issuing an injunction prohibiting an agency from
taking any agency action with respect to a rulemaking until
that agency is in compliance with the requirements of section
603 or 605.''.

SEC. _05. PERIODIC REVIEW.

Section 610 of title 5, United States Code, is amended to
read as follows:

``Sec. 610. Periodic review of rules

``(a)(1) Not later than 180 days after the date of
enactment of the Freedom from Restrictive Excessive Executive
Demands and Onerous Mandates Act of 2012, each agency shall
establish a plan for the periodic review of--
``(A) each rule issued by the agency that the head of the
agency determines has a significant economic impact on a
substantial number of small entities, without regard to
whether the agency performed an analysis under section 604
with respect to the rule; and
``(B) any small entity compliance guide required to be
published by the agency under section 212 of the Small
Business Regulatory Enforcement Fairness Act of 1996 (5
U.S.C. 601 note).
``(2) In reviewing rules and small entity compliance guides
under paragraph (1), the agency shall determine whether the
rules and guides should--
``(A) be amended or rescinded, consistent with the stated
objectives of applicable statutes, to minimize any
significant adverse economic impacts on a substantial number
of small entities (including an estimate of any adverse
impacts on job creation and employment by small entities); or
``(B) continue in effect without change.
``(3) Each agency shall publish the plan established under
paragraph (1) in the Federal Register and on the Web site of
the agency.
``(4) An agency may amend the plan established under
paragraph (1) at any time by publishing the amendment in the
Federal Register and on the Web site of the agency.
``(b) Each plan established under subsection (a) shall
provide for--
``(1) the review of each rule and small entity compliance
guide described in subsection (a)(1) in effect on the date of
enactment of the Freedom from Restrictive Excessive Executive
Demands and Onerous Mandates Act of 2012--
``(A) not later than 9 years after the date of publication
of the plan in the Federal Register; and
``(B) every 9 years thereafter; and
``(2) the review of each rule adopted and small entity
compliance guide described in subsection (a)(1) that is
published after the date of enactment of the Freedom from
Restrictive Excessive Executive Demands and Onerous Mandates
Act of 2012--
``(A) not later than 9 years after the publication of the
final rule in the Federal Register; and
``(B) every 9 years thereafter.
``(c) In reviewing rules under the plan required under
subsection (a), the agency shall consider--
``(1) the continued need for the rule;
``(2) the nature of complaints received by the agency from
small entities concerning the rule;
``(3) comments by the Regulatory Enforcement Ombudsman and
the Chief Counsel for Advocacy of the Small Business
Administration;
``(4) the complexity of the rule;
``(5) the extent to which the rule overlaps, duplicates, or
conflicts with other Federal rules and, unless the head of
the agency determines it to be infeasible, State and local
rules;
``(6) the contribution of the rule to the cumulative
economic impact of all Federal rules on the class of small
entities affected by the rule, unless the head of the agency
determines that such a calculation cannot be made;
``(7) the length of time since the rule has been evaluated,
or the degree to which technology, economic conditions, or
other factors have changed in the area affected by the rule;
and
``(8) the economic impact of the rule, including--
``(A) the estimated number of small entities to which the
rule will apply;
``(B) the estimated number of small entity jobs that will
be lost or created due to the rule; and
``(C) the projected reporting, recordkeeping, and other
compliance requirements of the proposed rule, including--
``(i) an estimate of the classes of small entities that
will be subject to the requirement; and
``(ii) the type of professional skills necessary for
preparation of the report or record.
``(d)(1) Each agency shall submit an annual report
regarding the results of the review required under subsection
(a) to--
``(A) Congress; and
``(B) in the case of an agency that is not an independent
regulatory agency (as defined in section 3502(5) of title
44), the Administrator of the Office of Information and
Regulatory Affairs of the Office of Management and Budget.
``(2) Each report required under paragraph (1) shall
include a description of any rule or guide with respect to
which the agency made a determination of infeasibility under
paragraph (5) or (6) of subsection (c), together with a
detailed explanation of the reasons for the determination.
``(e) Each agency shall publish in the Federal Register and
on the Web site of the agency a list of the rules and small
entity compliance guides to be reviewed under the plan
required under subsection (a) that includes--
``(1) a brief description of each rule or guide;
``(2) for each rule, the reason why the head of the agency
determined that the rule has a significant economic impact on
a substantial number of small entities (without regard to
whether the agency had prepared a final regulatory
flexibility analysis for the rule); and
``(3) a request for comments from the public, the Chief
Counsel for Advocacy of the Small Business Administration,
and the Regulatory Enforcement Ombudsman concerning the
enforcement of the rules or publication of the guides.
``(f)(1) Not later than 6 months after each date described
in subsection (b)(1), the Inspector General for each agency
shall--
``(A) determine whether the agency has conducted the review
required under subsection (b) appropriately; and
``(B) notify the head of the agency of--
``(i) the results of the determination under subparagraph
(A); and
``(ii) any issues preventing the Inspector General from
determining that the agency has conducted the review under
subsection (b) appropriately.
``(2)(A) Not later than 6 months after the date on which
the head of an agency receives a notice under paragraph
(1)(B) that the agency has not conducted the review under
subsection (b) appropriately, the agency shall address the
issues identified in the notice.
``(B) Not later than 30 days after the last day of the 6-
month period described in subparagraph (A), the Inspector
General for an agency that receives a notice described in
subparagraph (A) shall--
``(i) determine whether the agency has addressed the issues
identified in the notice; and
``(ii) notify Congress if the Inspector General determines
that the agency has not addressed the issues identified in
the notice; and
``(C) Not later than 30 days after the date on which the
Inspector General for an agency transmits a notice under
subparagraph (B)(ii), an amount equal to 1 percent of the
amount appropriated for the fiscal year to the appropriations
account of the agency that is used to pay salaries shall be
rescinded.
``(D) Nothing in this paragraph may be construed to prevent
Congress from acting to prevent a rescission under
subparagraph (C).''.

SEC. _06. REQUIRING SMALL BUSINESS REVIEW PANELS FOR
ADDITIONAL AGENCIES.

(a) Agencies.--Section 609 of title 5, United States Code,
is amended--
(1) in subsection (b)--
(A) in the matter preceding paragraph (1), by striking ``a
covered agency'' and inserting ``an agency designated under
subsection (d)''; and
(B) by striking ``a covered agency'' each place it appears
and inserting ``the agency'';
(2) by striking subsection (d) and inserting the following:
``(d)(1) On and after the date of enactment of the Freedom
from Restrictive Excessive Executive Demands and Onerous
Mandates Act of 2012, the Environmental Protection Agency,
the Bureau of Consumer Financial Protection, and the
Occupational Safety and Health Administration of the
Department of Labor shall be--
``(A) agencies designated under this subsection; and
``(B) subject to the requirements of subsection (b).
``(2) The Chief Counsel for Advocacy shall designate as
agencies that shall be subject to the requirements of
subsection (b) on and after the date of the designation--
``(A) 3 agencies for the first year after the date of
enactment of the Freedom from Restrictive Excessive Executive
Demands and Onerous Mandates Act of 2012;
``(B) in addition to the agencies designated under
subparagraph (A), 3 agencies for the second year after the
date of enactment of the Freedom from Restrictive Excessive
Executive Demands and Onerous Mandates Act of 2012; and
``(C) in addition to the agencies designated under
subparagraphs (A) and (B), 3 agencies for the third year
after the date of enactment of the Freedom from Restrictive
Excessive Executive Demands and Onerous Mandates Act of 2012.
``(3) The Chief Counsel for Advocacy shall designate
agencies under paragraph (2) based on the economic impact of
the rules of the agency on small entities, beginning with
agencies with the largest economic impact on small
entities.''; and
(3) in subsection (e)(1), by striking ``the covered
agency'' and inserting ``the agency''.
(b) Technical and Conforming Amendments.--
(1) Section 603.--Section 603(d) of title 5, United States
Code, is amended--
(A) in paragraph (1), by striking ``a covered agency, as
defined in section 609(d)(2)'' and inserting ``the Bureau of
Consumer Financial Protection''; and
(B) in paragraph (2), by striking ``A covered agency, as
defined in section 609(d)(2),'' and inserting ``The Bureau of
Consumer Financial Protection''.
(2) Section 604.--Section 604(a) of title 5, United States
Code, is amended--

[[Page S4975]]

(A) by redesignating the second paragraph designated as
paragraph (6) (relating to covered agencies), as added by
section 1100G(c)(3) of Public Law 111-203 (124 Stat. 2113),
as paragraph (7); and
(B) in paragraph (7), as so redesignated--
(i) by striking ``a covered agency, as defined in section
609(d)(2)'' and inserting ``the Bureau of Consumer Financial
Protection''; and
(ii) by striking ``the agency'' and inserting ``the
Bureau''.

SEC. _07. EXPANDING THE REGULATORY FLEXIBILITY ACT TO AGENCY
GUIDANCE DOCUMENTS.

Section 601(2) of title 5, United States Code, is amended
by inserting after ``public comment'' the following: ``and
any significant guidance document, as defined in the Office
of Management and Budget Final Bulletin for Agency Good
Guidance Procedures (72 Fed. Reg. 3432; January 25, 2007)''.

SEC. _08. REQUIRING THE INTERNAL REVENUE SERVICE TO CONSIDER
SMALL ENTITY IMPACT.

(a) In General.--Section 603(a) of title 5, United States
Code, is amended, in the fifth sentence, by striking ``but
only'' and all that follows through the period at the end and
inserting ``but only to the extent that such interpretative
rules, or the statutes upon which such rules are based,
impose on small entities a collection of information
requirement or a recordkeeping requirement.''.
(b) Definitions.--Section 601 of title 5, United States
Code, as amended by section _03 of this title, is amended--
(1) in paragraph (6), by striking ``and'' at the end; and
(2) by striking paragraphs (7) and (8) and inserting the
following:
``(7) the term `collection of information' has the meaning
given that term in section 3502(3) of title 44;
``(8) the term `recordkeeping requirement' has the meaning
given that term in section 3502(13) of title 44; and''.

SEC. _09. REPORTING ON ENFORCEMENT ACTIONS RELATING TO SMALL
ENTITIES.

Section 223 of the Small Business Regulatory Enforcement
Fairness Act of 1996 (5 U.S.C. 601 note) is amended--
(1) in subsection (a)--
(A) by striking ``Each agency'' and inserting the
following:
``(1) Establishment of policy or program.--Each agency'';
and
(B) by adding at the end the following:
``(2) Review of civil penalties.--Not later than 2 years
after the date of enactment of the Freedom from Restrictive
Excessive Executive Demands and Onerous Mandates Act of 2012,
and every 2 years thereafter, each agency regulating the
activities of small entities shall review the civil penalties
imposed by the agency for violations of a statutory or
regulatory requirement by a small entity to determine whether
a reduction or waiver of the civil penalties is
appropriate.''; and
(2) in subsection (c)--
(A) by striking ``Agencies shall report'' and all that
follows through ``the scope'' and inserting ``Not later than
2 years after the date of enactment of the Freedom from
Restrictive Excessive Executive Demands and Onerous Mandates
Act of 2012, and every 2 years thereafter, each agency shall
submit to the Committee on Small Business and
Entrepreneurship and the Committee on Homeland Security and
Governmental Affairs of the Senate and the Committee on Small
Business and the Committee on the Judiciary of the House of
Representatives a report discussing the scope''; and
(B) by striking ``and the total amount of penalty
reductions and waivers'' and inserting ``the total amount of
penalty reductions and waivers, and the results of the most
recent review under subsection (a)(2)''.

SEC. _10. REQUIRING MORE DETAILED SMALL ENTITY ANALYSES.

(a) Initial Regulatory Flexibility Analysis.--Section 603
of title 5, United States Code, is amended--
(1) by striking subsection (b) and inserting the following:
``(b) Each initial regulatory flexibility analysis required
under this section shall contain a detailed statement--
``(1) describing the reasons why action by the agency is
being considered;
``(2) describing the objectives of, and legal basis for,
the proposed rule;
``(3) estimating the number and type of small entities to
which the proposed rule will apply;
``(4) describing the projected reporting, recordkeeping,
and other compliance requirements of the proposed rule,
including an estimate of the classes of small entities which
will be subject to the requirement and the type of
professional skills necessary for preparation of the report
and record;
``(5) describing all relevant Federal rules which may
duplicate, overlap, or conflict with the proposed rule, or
the reasons why such a description could not be provided; and
``(6) estimating the additional cumulative economic impact
of the proposed rule on small entities, including job loss by
small entities, beyond that already imposed on the class of
small entities by the agency, or the reasons why such an
estimate is not available.''; and
(2) by adding at the end the following:
``(e) An agency shall notify the Chief Counsel for Advocacy
of the Small Business Administration of any draft rules that
may have a significant economic impact on a substantial
number of small entities--
``(1) when the agency submits a draft rule to the Office of
Information and Regulatory Affairs of the Office of
Management and Budget under Executive Order 12866, if that
order requires the submission; or
``(2) if no submission to the Office of Information and
Regulatory Affairs is required--
``(A) a reasonable period before publication of the rule by
the agency; and
``(B) in any event, not later than 3 months before the date
on which the agency publishes the rule.''.
(b) Final Regulatory Flexibility Analysis.--
(1) In general.--Section 604(a) of title 5, United States
Code, is amended--
(A) by inserting ``detailed'' before ``description'' each
place it appears;
(B) in paragraph (2)--
(i) by inserting ``detailed'' before ``statement'' each
place it appears; and
(ii) by inserting ``(or certification of the proposed rule
under section 605(b))'' after ``initial regulatory
flexibility analysis'';
(C) in paragraph (4), by striking ``an explanation'' and
inserting ``a detailed explanation''; and
(D) in paragraph (6) (relating to a description of steps
taken to minimize significant economic impact), as added by
section 1601 of the Small Business Jobs Act of 2010 (Public
Law 111-240; 124 Stat. 2251), by inserting ``detailed''
before ``statement''.
(2) Publication of analysis on web site, etc.--Section
604(b) of title 5, United States Code, is amended to read as
follows:
``(b) The agency shall--
``(1) make copies of the final regulatory flexibility
analysis available to the public, including by publishing the
entire final regulatory flexibility analysis on the Web site
of the agency; and
``(2) publish in the Federal Register the final regulatory
flexibility analysis, or a summary of the analysis that
includes the telephone number, mailing address, and address
of the Web site where the complete final regulatory
flexibility analysis may be obtained.''.
(c) Cross-References to Other Analyses.--Section 605(a) of
title 5, United States Code, is amended to read as follows:
``(a) A Federal agency shall be deemed to have satisfied a
requirement regarding the content of a regulatory flexibility
agenda or regulatory flexibility analysis under section 602,
603, or 604, if the Federal agency provides in the agenda or
regulatory flexibility analysis a cross-reference to the
specific portion of an agenda or analysis that is required by
another law and that satisfies the requirement under section
602, 603, or 604.''.
(d) Certifications.--Section 605(b) of title 5, United
States Code, is amended, in the second sentence, by striking
``statement providing the factual'' and inserting ``detailed
statement providing the factual and legal''.
(e) Quantification Requirements.--Section 607 of title 5,
United States Code, is amended to read as follows:

``Sec. 607. Quantification requirements

``In complying with sections 603 and 604, an agency shall
provide--
``(1) a quantifiable or numerical description of the
effects of the proposed or final rule, including an estimate
of the potential for job loss, and alternatives to the
proposed or final rule; or
``(2) a more general descriptive statement regarding the
potential for job loss and a detailed statement explaining
why quantification under paragraph (1) is not practicable or
reliable.''.

SEC. _11. ENSURING THAT AGENCIES CONSIDER SMALL ENTITY IMPACT
DURING THE RULEMAKING PROCESS.

Section 605(b) of title 5, United States Code, is amended--
(1) by inserting ``(1)'' after ``(b)''; and
(2) by adding at the end the following:
``(2) If, after publication of the certification required
under paragraph (1), the head of the agency determines that
there will be a significant economic impact on a substantial
number of small entities, the agency shall comply with the
requirements of section 603 before the publication of the
final rule, by--
``(A) publishing an initial regulatory flexibility analysis
for public comment; or
``(B) re-proposing the rule with an initial regulatory
flexibility analysis.
``(3) The head of an agency may not make a certification
relating to a rule under this subsection, unless the head of
the agency has determined--
``(A) the average cost of the rule for small entities
affected or reasonably presumed to be affected by the rule;
``(B) the number of small entities affected or reasonably
presumed to be affected by the rule; and
``(C) the number of affected small entities for which that
cost will be significant.
``(4) Before publishing a certification and a statement
providing the factual basis for the certification under
paragraph (1), the head of an agency shall--
``(A) transmit a copy of the certification and statement to
the Chief Counsel for Advocacy of the Small Business
Administration; and
``(B) consult with the Chief Counsel for Advocacy of the
Small Business Administration on the accuracy of the
certification and statement.''.

SEC. _12. ADDITIONAL POWERS OF THE OFFICE OF ADVOCACY.

Section 203 of Public Law 94-305 (15 U.S.C. 634c) is
amended--
(1) in paragraph (5), by striking ``and'' at the end;

[[Page S4976]]

(2) in paragraph (6), by striking the period at the end and
inserting ``; and''; and
(3) by inserting after paragraph (6) the following:
``(7) at the discretion of the Chief Counsel for Advocacy,
comment on regulatory action by an agency that affects small
businesses, without regard to whether the agency is required
to file a notice of proposed rulemaking under section 553 of
title 5, United States Code, with respect to the action.''.

SEC. _13. TECHNICAL AND CONFORMING AMENDMENTS.

(a) Heading.--Section 605 of title 5, United States Code,
is amended, in the section heading, by striking ``Avoidance''
and all that follows and inserting the following:
``Incorporations by reference and certification.''.
(b) Table of Sections.--The table of sections for chapter 6
of title 5, United States Code, is amended--
(1) by striking the item relating to section 605 and
inserting the following:

``605. Incorporations by reference and certifications.'';

and
(2) by striking the item relating to section 607 inserting
the following:

``607. Quantification requirements.''.
______

SA 2550. Ms. SNOWE (for herself and Mr. Coburn) submitted an
amendment intended to be proposed to amendment SA 2521 proposed by Mr.
Reid (for Ms. Landrieu) to the bill S. 2237, to provide a temporary
income tax credit for increased payroll and extend bonus depreciation
for an additional year, and for other purposes; which was ordered to
lie on the table; as follows:

At the end, add the following:

TITLE __--FREEDOM FROM RESTRICTIVE EXCESSIVE EXECUTIVE DEMANDS AND
ONEROUS MANDATES

SEC. _01. SHORT TITLE.

This title may be cited as the ``Freedom from Restrictive
Excessive Executive Demands and Onerous Mandates Act of
2012''.

SEC. _02. FINDINGS.

Congress finds the following:
(1) A vibrant and growing small business sector is critical
to the recovery of the economy of the United States.
(2) Regulations designed for application to large-scale
entities have been applied uniformly to small businesses and
other small entities, sometimes inhibiting the ability of
small entities to create new jobs.
(3) Uniform Federal regulatory and reporting requirements
in many instances have imposed on small businesses and other
small entities unnecessary and disproportionately burdensome
demands, including legal, accounting, and consulting costs,
thereby threatening the viability of small entities and the
ability of small entities to compete and create new jobs in a
global marketplace.
(4) Since 1980, Federal agencies have been required to
recognize and take account of the differences in the scale
and resources of regulated entities, but in many instances
have failed to do so.
(5) In 2009, there were nearly 70,000 pages in the Federal
Register, and, according to research by the Office of
Advocacy of the Small Business Administration, the annual
cost of Federal regulations totals $1,750,000,000,000. Small
firms bear a disproportionate burden, paying approximately 36
percent more per employee than larger firms in annual
regulatory compliance costs.
(6) All agencies in the Federal Government should fully
consider the costs, including indirect economic impacts and
the potential for job loss, of proposed rules, periodically
review existing regulations to determine their impact on
small entities, and repeal regulations that are unnecessarily
duplicative or have outlived their stated purpose.
(7) It is the intention of Congress to amend chapter 6 of
title 5, United States Code, to ensure that all impacts,
including foreseeable indirect effects, of proposed and final
rules are considered by agencies during the rulemaking
process and that the agencies assess a full range of
alternatives that will limit adverse economic consequences,
enhance economic benefits, and fully address potential job
loss.

SEC. _03. INCLUDING INDIRECT ECONOMIC IMPACT IN SMALL ENTITY
ANALYSES.

Section 601 of title 5, United States Code, is amended by
adding at the end the following:
``(9) the term `economic impact' means, with respect to a
proposed or final rule--
``(A) the economic effects on small entities directly
regulated by the rule; and
``(B) the reasonably foreseeable economic effects of the
rule on small entities that--
``(i) purchase products or services from, sell products or
services to, or otherwise conduct business with entities
directly regulated by the rule;
``(ii) are directly regulated by other governmental
entities as a result of the rule; or
``(iii) are not directly regulated by the agency as a
result of the rule but are otherwise subject to other agency
regulations as a result of the rule.''.

SEC. _04. JUDICIAL REVIEW TO ALLOW SMALL ENTITIES TO
CHALLENGE PROPOSED REGULATIONS.

Section 611(a) of title 5, United States Code, is amended--
(1) in paragraph (1), by inserting ``603,'' after ``601,'';
(2) in paragraph (2), by inserting ``603,'' after ``601,'';
(3) by striking paragraph (3) and inserting the following:
``(3) A small entity may seek such review during the 1-year
period beginning on the date of final agency action, except
that--
``(A) if a provision of law requires that an action
challenging a final agency action be commenced before the
expiration of 1 year, the lesser period shall apply to an
action for judicial review under this section; and
``(B) in the case of noncompliance with section 603 or
605(b), a small entity may seek judicial review of agency
compliance with such section before the close of the public
comment period.''; and
(4) in paragraph (4)--
(A) in subparagraph (A), by striking ``, and'' and
inserting a semicolon;
(B) in subparagraph (B), by striking the period and
inserting ``; or''; and
(C) by adding at the end the following:
``(C) issuing an injunction prohibiting an agency from
taking any agency action with respect to a rulemaking until
that agency is in compliance with the requirements of section
603 or 605.''.

SEC. _05. PERIODIC REVIEW.

Section 610 of title 5, United States Code, is amended to
read as follows:

``Sec. 610. Periodic review of rules

``(a)(1) Not later than 180 days after the date of
enactment of the Freedom from Restrictive Excessive Executive
Demands and Onerous Mandates Act of 2012, each agency shall
establish a plan for the periodic review of--
``(A) each rule issued by the agency that the head of the
agency determines has a significant economic impact on a
substantial number of small entities, without regard to
whether the agency performed an analysis under section 604
with respect to the rule; and
``(B) any small entity compliance guide required to be
published by the agency under section 212 of the Small
Business Regulatory Enforcement Fairness Act of 1996 (5
U.S.C. 601 note).
``(2) In reviewing rules and small entity compliance guides
under paragraph (1), the agency shall determine whether the
rules and guides should--
``(A) be amended or rescinded, consistent with the stated
objectives of applicable statutes, to minimize any
significant adverse economic impacts on a substantial number
of small entities (including an estimate of any adverse
impacts on job creation and employment by small entities); or
``(B) continue in effect without change.
``(3) Each agency shall publish the plan established under
paragraph (1) in the Federal Register and on the Web site of
the agency.
``(4) An agency may amend the plan established under
paragraph (1) at any time by publishing the amendment in the
Federal Register and on the Web site of the agency.
``(b) Each plan established under subsection (a) shall
provide for--
``(1) the review of each rule and small entity compliance
guide described in subsection (a)(1) in effect on the date of
enactment of the Freedom from Restrictive Excessive Executive
Demands and Onerous Mandates Act of 2012--
``(A) not later than 9 years after the date of publication
of the plan in the Federal Register; and
``(B) every 9 years thereafter; and
``(2) the review of each rule adopted and small entity
compliance guide described in subsection (a)(1) that is
published after the date of enactment of the Freedom from
Restrictive Excessive Executive Demands and Onerous Mandates
Act of 2012--
``(A) not later than 9 years after the publication of the
final rule in the Federal Register; and
``(B) every 9 years thereafter.
``(c) In reviewing rules under the plan required under
subsection (a), the agency shall consider--
``(1) the continued need for the rule;
``(2) the nature of complaints received by the agency from
small entities concerning the rule;
``(3) comments by the Regulatory Enforcement Ombudsman and
the Chief Counsel for Advocacy of the Small Business
Administration;
``(4) the complexity of the rule;
``(5) the extent to which the rule overlaps, duplicates, or
conflicts with other Federal rules and, unless the head of
the agency determines it to be infeasible, State and local
rules;
``(6) the contribution of the rule to the cumulative
economic impact of all Federal rules on the class of small
entities affected by the rule, unless the head of the agency
determines that such a calculation cannot be made;
``(7) the length of time since the rule has been evaluated,
or the degree to which technology, economic conditions, or
other factors have changed in the area affected by the rule;
and
``(8) the economic impact of the rule, including--
``(A) the estimated number of small entities to which the
rule will apply;
``(B) the estimated number of small entity jobs that will
be lost or created due to the rule; and
``(C) the projected reporting, recordkeeping, and other
compliance requirements of the proposed rule, including--
``(i) an estimate of the classes of small entities that
will be subject to the requirement; and

[[Page S4977]]

``(ii) the type of professional skills necessary for
preparation of the report or record.
``(d)(1) Each agency shall submit an annual report
regarding the results of the review required under subsection
(a) to--
``(A) Congress; and
``(B) in the case of an agency that is not an independent
regulatory agency (as defined in section 3502(5) of title
44), the Administrator of the Office of Information and
Regulatory Affairs of the Office of Management and Budget.
``(2) Each report required under paragraph (1) shall
include a description of any rule or guide with respect to
which the agency made a determination of infeasibility under
paragraph (5) or (6) of subsection (c), together with a
detailed explanation of the reasons for the determination.
``(e) Each agency shall publish in the Federal Register and
on the Web site of the agency a list of the rules and small
entity compliance guides to be reviewed under the plan
required under subsection (a) that includes--
``(1) a brief description of each rule or guide;
``(2) for each rule, the reason why the head of the agency
determined that the rule has a significant economic impact on
a substantial number of small entities (without regard to
whether the agency had prepared a final regulatory
flexibility analysis for the rule); and
``(3) a request for comments from the public, the Chief
Counsel for Advocacy of the Small Business Administration,
and the Regulatory Enforcement Ombudsman concerning the
enforcement of the rules or publication of the guides.
``(f)(1) Not later than 6 months after each date described
in subsection (b)(1), the Inspector General for each agency
shall--
``(A) determine whether the agency has conducted the review
required under subsection (b) appropriately; and
``(B) notify the head of the agency of--
``(i) the results of the determination under subparagraph
(A); and
``(ii) any issues preventing the Inspector General from
determining that the agency has conducted the review under
subsection (b) appropriately.
``(2)(A) Not later than 6 months after the date on which
the head of an agency receives a notice under paragraph
(1)(B) that the agency has not conducted the review under
subsection (b) appropriately, the agency shall address the
issues identified in the notice.
``(B) Not later than 30 days after the last day of the 6-
month period described in subparagraph (A), the Inspector
General for an agency that receives a notice described in
subparagraph (A) shall--
``(i) determine whether the agency has addressed the issues
identified in the notice; and
``(ii) notify Congress if the Inspector General determines
that the agency has not addressed the issues identified in
the notice; and
``(C) Not later than 30 days after the date on which the
Inspector General for an agency transmits a notice under
subparagraph (B)(ii), an amount equal to 1 percent of the
amount appropriated for the fiscal year to the appropriations
account of the agency that is used to pay salaries shall be
rescinded.
``(D) Nothing in this paragraph may be construed to prevent
Congress from acting to prevent a rescission under
subparagraph (C).''.

SEC. _06. REQUIRING SMALL BUSINESS REVIEW PANELS FOR
ADDITIONAL AGENCIES.

(a) Agencies.--Section 609 of title 5, United States Code,
is amended--
(1) in subsection (b)--
(A) in the matter preceding paragraph (1), by striking ``a
covered agency'' and inserting ``an agency designated under
subsection (d)''; and
(B) by striking ``a covered agency'' each place it appears
and inserting ``the agency'';
(2) by striking subsection (d) and inserting the following:
``(d)(1) On and after the date of enactment of the Freedom
from Restrictive Excessive Executive Demands and Onerous
Mandates Act of 2012, the Environmental Protection Agency,
the Bureau of Consumer Financial Protection, and the
Occupational Safety and Health Administration of the
Department of Labor shall be--
``(A) agencies designated under this subsection; and
``(B) subject to the requirements of subsection (b).
``(2) The Chief Counsel for Advocacy shall designate as
agencies that shall be subject to the requirements of
subsection (b) on and after the date of the designation--
``(A) 3 agencies for the first year after the date of
enactment of the Freedom from Restrictive Excessive Executive
Demands and Onerous Mandates Act of 2012;
``(B) in addition to the agencies designated under
subparagraph (A), 3 agencies for the second year after the
date of enactment of the Freedom from Restrictive Excessive
Executive Demands and Onerous Mandates Act of 2012; and
``(C) in addition to the agencies designated under
subparagraphs (A) and (B), 3 agencies for the third year
after the date of enactment of the Freedom from Restrictive
Excessive Executive Demands and Onerous Mandates Act of 2012.
``(3) The Chief Counsel for Advocacy shall designate
agencies under paragraph (2) based on the economic impact of
the rules of the agency on small entities, beginning with
agencies with the largest economic impact on small
entities.''; and
(3) in subsection (e)(1), by striking ``the covered
agency'' and inserting ``the agency''.
(b) Technical and Conforming Amendments.--
(1) Section 603.--Section 603(d) of title 5, United States
Code, is amended--
(A) in paragraph (1), by striking ``a covered agency, as
defined in section 609(d)(2)'' and inserting ``the Bureau of
Consumer Financial Protection''; and
(B) in paragraph (2), by striking ``A covered agency, as
defined in section 609(d)(2),'' and inserting ``The Bureau of
Consumer Financial Protection''.
(2) Section 604.--Section 604(a) of title 5, United States
Code, is amended--
(A) by redesignating the second paragraph designated as
paragraph (6) (relating to covered agencies), as added by
section 1100G(c)(3) of Public Law 111-203 (124 Stat. 2113),
as paragraph (7); and
(B) in paragraph (7), as so redesignated--
(i) by striking ``a covered agency, as defined in section
609(d)(2)'' and inserting ``the Bureau of Consumer Financial
Protection''; and
(ii) by striking ``the agency'' and inserting ``the
Bureau''.

SEC. _07. EXPANDING THE REGULATORY FLEXIBILITY ACT TO AGENCY
GUIDANCE DOCUMENTS.

Section 601(2) of title 5, United States Code, is amended
by inserting after ``public comment'' the following: ``and
any significant guidance document, as defined in the Office
of Management and Budget Final Bulletin for Agency Good
Guidance Procedures (72 Fed. Reg. 3432; January 25, 2007)''.

SEC. _08. REQUIRING THE INTERNAL REVENUE SERVICE TO CONSIDER
SMALL ENTITY IMPACT.

(a) In General.--Section 603(a) of title 5, United States
Code, is amended, in the fifth sentence, by striking ``but
only'' and all that follows through the period at the end and
inserting ``but only to the extent that such interpretative
rules, or the statutes upon which such rules are based,
impose on small entities a collection of information
requirement or a recordkeeping requirement.''.
(b) Definitions.--Section 601 of title 5, United States
Code, as amended by section _03 of this title, is amended--
(1) in paragraph (6), by striking ``and'' at the end; and
(2) by striking paragraphs (7) and (8) and inserting the
following:
``(7) the term `collection of information' has the meaning
given that term in section 3502(3) of title 44;
``(8) the term `recordkeeping requirement' has the meaning
given that term in section 3502(13) of title 44; and''.

SEC. _09. REPORTING ON ENFORCEMENT ACTIONS RELATING TO SMALL
ENTITIES.

Section 223 of the Small Business Regulatory Enforcement
Fairness Act of 1996 (5 U.S.C. 601 note) is amended--
(1) in subsection (a)--
(A) by striking ``Each agency'' and inserting the
following:
``(1) Establishment of policy or program.--Each agency'';
and
(B) by adding at the end the following:
``(2) Review of civil penalties.--Not later than 2 years
after the date of enactment of the Freedom from Restrictive
Excessive Executive Demands and Onerous Mandates Act of 2012,
and every 2 years thereafter, each agency regulating the
activities of small entities shall review the civil penalties
imposed by the agency for violations of a statutory or
regulatory requirement by a small entity to determine whether
a reduction or waiver of the civil penalties is
appropriate.''; and
(2) in subsection (c)--
(A) by striking ``Agencies shall report'' and all that
follows through ``the scope'' and inserting ``Not later than
2 years after the date of enactment of the Freedom from
Restrictive Excessive Executive Demands and Onerous Mandates
Act of 2012, and every 2 years thereafter, each agency shall
submit to the Committee on Small Business and
Entrepreneurship and the Committee on Homeland Security and
Governmental Affairs of the Senate and the Committee on Small
Business and the Committee on the Judiciary of the House of
Representatives a report discussing the scope''; and
(B) by striking ``and the total amount of penalty
reductions and waivers'' and inserting ``the total amount of
penalty reductions and waivers, and the results of the most
recent review under subsection (a)(2)''.

SEC. _10. REQUIRING MORE DETAILED SMALL ENTITY ANALYSES.

(a) Initial Regulatory Flexibility Analysis.--Section 603
of title 5, United States Code, is amended--
(1) by striking subsection (b) and inserting the following:
``(b) Each initial regulatory flexibility analysis required
under this section shall contain a detailed statement--
``(1) describing the reasons why action by the agency is
being considered;
``(2) describing the objectives of, and legal basis for,
the proposed rule;
``(3) estimating the number and type of small entities to
which the proposed rule will apply;
``(4) describing the projected reporting, recordkeeping,
and other compliance requirements of the proposed rule,
including

[[Page S4978]]

an estimate of the classes of small entities which will be
subject to the requirement and the type of professional
skills necessary for preparation of the report and record;
``(5) describing all relevant Federal rules which may
duplicate, overlap, or conflict with the proposed rule, or
the reasons why such a description could not be provided; and
``(6) estimating the additional cumulative economic impact
of the proposed rule on small entities, including job loss by
small entities, beyond that already imposed on the class of
small entities by the agency, or the reasons why such an
estimate is not available.''; and
(2) by adding at the end the following:
``(e) An agency shall notify the Chief Counsel for Advocacy
of the Small Business Administration of any draft rules that
may have a significant economic impact on a substantial
number of small entities--
``(1) when the agency submits a draft rule to the Office of
Information and Regulatory Affairs of the Office of
Management and Budget under Executive Order 12866, if that
order requires the submission; or
``(2) if no submission to the Office of Information and
Regulatory Affairs is required--
``(A) a reasonable period before publication of the rule by
the agency; and
``(B) in any event, not later than 3 months before the date
on which the agency publishes the rule.''.
(b) Final Regulatory Flexibility Analysis.--
(1) In general.--Section 604(a) of title 5, United States
Code, is amended--
(A) by inserting ``detailed'' before ``description'' each
place it appears;
(B) in paragraph (2)--
(i) by inserting ``detailed'' before ``statement'' each
place it appears; and
(ii) by inserting ``(or certification of the proposed rule
under section 605(b))'' after ``initial regulatory
flexibility analysis'';
(C) in paragraph (4), by striking ``an explanation'' and
inserting ``a detailed explanation''; and
(D) in paragraph (6) (relating to a description of steps
taken to minimize significant economic impact), as added by
section 1601 of the Small Business Jobs Act of 2010 (Public
Law 111-240; 124 Stat. 2251), by inserting ``detailed''
before ``statement''.
(2) Publication of analysis on web site, etc.--Section
604(b) of title 5, United States Code, is amended to read as
follows:
``(b) The agency shall--
``(1) make copies of the final regulatory flexibility
analysis available to the public, including by publishing the
entire final regulatory flexibility analysis on the Web site
of the agency; and
``(2) publish in the Federal Register the final regulatory
flexibility analysis, or a summary of the analysis that
includes the telephone number, mailing address, and address
of the Web site where the complete final regulatory
flexibility analysis may be obtained.''.
(c) Cross-References to Other Analyses.--Section 605(a) of
title 5, United States Code, is amended to read as follows:
``(a) A Federal agency shall be deemed to have satisfied a
requirement regarding the content of a regulatory flexibility
agenda or regulatory flexibility analysis under section 602,
603, or 604, if the Federal agency provides in the agenda or
regulatory flexibility analysis a cross-reference to the
specific portion of an agenda or analysis that is required by
another law and that satisfies the requirement under section
602, 603, or 604.''.
(d) Certifications.--Section 605(b) of title 5, United
States Code, is amended, in the second sentence, by striking
``statement providing the factual'' and inserting ``detailed
statement providing the factual and legal''.
(e) Quantification Requirements.--Section 607 of title 5,
United States Code, is amended to read as follows:

``Sec. 607. Quantification requirements

``In complying with sections 603 and 604, an agency shall
provide--
``(1) a quantifiable or numerical description of the
effects of the proposed or final rule, including an estimate
of the potential for job loss, and alternatives to the
proposed or final rule; or
``(2) a more general descriptive statement regarding the
potential for job loss and a detailed statement explaining
why quantification under paragraph (1) is not practicable or
reliable.''.

SEC. _11. ENSURING THAT AGENCIES CONSIDER SMALL ENTITY IMPACT
DURING THE RULEMAKING PROCESS.

Section 605(b) of title 5, United States Code, is amended--
(1) by inserting ``(1)'' after ``(b)''; and
(2) by adding at the end the following:
``(2) If, after publication of the certification required
under paragraph (1), the head of the agency determines that
there will be a significant economic impact on a substantial
number of small entities, the agency shall comply with the
requirements of section 603 before the publication of the
final rule, by--
``(A) publishing an initial regulatory flexibility analysis
for public comment; or
``(B) re-proposing the rule with an initial regulatory
flexibility analysis.
``(3) The head of an agency may not make a certification
relating to a rule under this subsection, unless the head of
the agency has determined--
``(A) the average cost of the rule for small entities
affected or reasonably presumed to be affected by the rule;
``(B) the number of small entities affected or reasonably
presumed to be affected by the rule; and
``(C) the number of affected small entities for which that
cost will be significant.
``(4) Before publishing a certification and a statement
providing the factual basis for the certification under
paragraph (1), the head of an agency shall--
``(A) transmit a copy of the certification and statement to
the Chief Counsel for Advocacy of the Small Business
Administration; and
``(B) consult with the Chief Counsel for Advocacy of the
Small Business Administration on the accuracy of the
certification and statement.''.

SEC. _12. ADDITIONAL POWERS OF THE OFFICE OF ADVOCACY.

Section 203 of Public Law 94-305 (15 U.S.C. 634c) is
amended--
(1) in paragraph (5), by striking ``and'' at the end;
(2) in paragraph (6), by striking the period at the end and
inserting ``; and''; and
(3) by inserting after paragraph (6) the following:
``(7) at the discretion of the Chief Counsel for Advocacy,
comment on regulatory action by an agency that affects small
businesses, without regard to whether the agency is required
to file a notice of proposed rulemaking under section 553 of
title 5, United States Code, with respect to the action.''.

SEC. _13. TECHNICAL AND CONFORMING AMENDMENTS.

(a) Heading.--Section 605 of title 5, United States Code,
is amended, in the section heading, by striking ``Avoidance''
and all that follows and inserting the following:
``Incorporations by reference and certification.''.
(b) Table of Sections.--The table of sections for chapter 6
of title 5, United States Code, is amended--
(1) by striking the item relating to section 605 and
inserting the following:

``605. Incorporations by reference and certifications.'';

and
(2) by striking the item relating to section 607 inserting
the following:

``607. Quantification requirements.''.
______

SA 2551. Ms. SNOWE (for herself and Mr. Coburn) submitted an
amendment intended to be proposed to amendment SA 2521 proposed by Mr.
Reid (for Ms. Landrieu) to the bill S. 2237, to provide a temporary
income tax credit for increased payroll and extend bonus depreciation
for an additional year, and for other purposes; which was ordered to
lie on the table; as follows:

At the end, add the following:

SEC. __. INCLUDING INDIRECT ECONOMIC IMPACT IN SMALL ENTITY
ANALYSES.

Section 601 of title 5, United States Code, is amended--
(1) in paragraph (6), by striking ``and'' at the end;
(2) in paragraph (7)(B), by striking the period at the end
and inserting a semicolon;
(3) in paragraph (8)--
(A) by striking ``recordkeeping requirement.--The'' and
inserting ``the''; and
(B) by striking the period at the end and inserting ``;
and''; and
(4) by adding at the end the following:
``(9) the term `economic impact' means, with respect to a
proposed or final rule--
``(A) the economic effects on small entities directly
regulated by the rule; and
``(B) the reasonably foreseeable economic effects of the
rule on small entities that--
``(i) purchase products or services from, sell products or
services to, or otherwise conduct business with entities
directly regulated by the rule;
``(ii) are directly regulated by other governmental
entities as a result of the rule; or
``(iii) are not directly regulated by the agency as a
result of the rule but are otherwise subject to other agency
regulations as a result of the rule.''.
______

SA 2552. Ms. SNOWE (for herself and Mr. Coburn) submitted an
amendment intended to be proposed to amendment SA 2521 proposed by Mr.
Reid (for Ms. Landrieu) to the bill S. 2237, to provide a temporary
income tax credit for increased payroll and extend bonus depreciation
for an additional year, and for other purposes; which was ordered to
lie on the table; as follows:

At the end, add the following:

SEC. __. INCLUDING INDIRECT ECONOMIC IMPACT IN SMALL ENTITY
ANALYSES.

Section 601 of title 5, United States Code, is amended--
(1) in paragraph (6), by striking ``and'' at the end;
(2) in paragraph (7)(B), by striking the period at the end
and inserting a semicolon;
(3) in paragraph (8)--
(A) by striking ``recordkeeping requirement.--The'' and
inserting ``the''; and
(B) by striking the period at the end and inserting ``;
and''; and
(4) by adding at the end the following:
``(9) the term `economic impact' means, with respect to a
proposed or final rule--
``(A) the economic effects on small entities directly
regulated by the rule; and
``(B) the reasonably foreseeable economic effects of the
rule on small entities that--

[[Page S4979]]

``(i) purchase products or services from, sell products or
services to, or otherwise conduct business with entities
directly regulated by the rule;
``(ii) are directly regulated by other governmental
entities as a result of the rule; or
``(iii) are not directly regulated by the agency as a
result of the rule but are otherwise subject to other agency
regulations as a result of the rule.''.
______

SA 2553. Mr. REID (for Mrs. Gillibrand (for herself, Mr. Isakson, Mr.
Chambliss, and Mr. Durbin)) proposed an amendment to the bill H.R.
2527, to require the Secretary of the Treasury to mint coins in
recognition and celebration of the National Baseball Hall of Fame; as
follows:

Strike all after the enacting clause and insert the
following:

SECTION 1. SHORT TITLE.

This Act may be cited as the ``National Baseball Hall of
Fame Commemorative Coin Act''.

SEC. 2. FINDINGS.

The Congress finds the following:
(1) On June 12, 1939, the National Baseball Hall of Fame
and Museum opened in Cooperstown, New York. Ty Cobb, Walter
Johnson, Christy Mathewson, Babe Ruth, and Honus Wagner
comprised the inaugural class of inductees. This class set
the standard for all future inductees. Since 1939, just one
percent of all Major League Baseball players have earned
induction into the National Baseball Hall of Fame.
(2) The National Baseball Hall of Fame and Museum is
dedicated to preserving history, honoring excellence, and
connecting generations through the rich history of our
national pastime. Baseball has mirrored our Nation's history
since the Civil War, and is now an integral part of our
Nation's heritage.
(3) The National Baseball Hall of Fame and Museum
chronicles the history of our national pastime and houses the
world's largest collection of baseball artifacts, including
more than 38,000 three dimensional artifacts, 3,000,000
documents, 500,000 photographs, and 12,000 hours of recorded
media. This collection ensures that baseball history and its
unique connection to American history will be preserved and
recounted for future generations.
(4) Since its opening in 1939, more than 14,000,000
baseball fans have visited the National Baseball Hall of Fame
and Museum to learn about the history of our national pastime
and the game's connection to the American experience.
(5) The National Baseball Hall of Fame and Museum is an
educational institution, reaching 10,000,000 Americans
annually. Utilizing video conference technology, students and
teachers participate in interactive lessons led by educators
from the National Baseball Hall of Fame Museum. These award-
winning educational programs draw upon the wonders of
baseball to reach students in classrooms nationwide. Each
educational program uses baseball as a lens for teaching
young Americans important lessons on an array of topics,
including mathematics, geography, civil rights, women's
history, economics, industrial technology, arts, and
communication.

SEC. 3. COIN SPECIFICATIONS.

(a) Denominations.--In recognition and celebration of the
National Baseball Hall of Fame, the Secretary of the Treasury
(hereafter in this Act referred to as the ``Secretary'')
shall mint and issue the following coins:
(1) $5 gold coins.--Not more than 50,000 $5 coins, which
shall--
(A) weigh 8.359 grams;
(B) have diameter of 0.850 inches; and
(C) contain 90 percent gold and 10 percent alloy.
(2) $1 silver coins.--Not more than 400,000 $1 coins, which
shall--
(A) weigh 26.73 grams;
(B) have a diameter of 1.500 inches; and
(C) contain 90 percent silver and 10 percent copper.
(3) Half-dollar clad coins.--Not more than 750,000 half-
dollar coins which shall--
(A) weigh 11.34 grams;
(B) have a diameter of 1.205 inches; and
(C) be minted to the specifications for half-dollar coins
contained in section 5112(b) of title 31, United States Code.
(b) Legal Tender.--The coins minted under this Act shall be
legal tender, as provided in section 5103 of title 31, United
States Code.
(c) Numismatic Items.--For purposes of sections 5134 and
5136 of title 31, United States Code, all coins minted under
this Act shall be considered to be numismatic items.
(d) Sense of Congress.--It is the sense of Congress that,
to the extent possible without significantly adding to the
purchase price of the coins, the $1 coins and $5 coins minted
under this Act should be produced in a fashion similar to the
2009 International Year of Astronomy coins issued by Monnaie
de Paris, the French Mint, so that the reverse of the coin is
convex to more closely resemble a baseball and the obverse
concave, providing a more dramatic display of the obverse
design chosen pursuant to section 4(c).

SEC. 4. DESIGN OF COINS.

(a) In General.--The design for the coins minted under this
Act shall be--
(1) selected by the Secretary after consultation with--
(A) the National Baseball Hall of Fame;
(B) the Commission of Fine Arts; and
(2) reviewed by the Citizens Commemorative Coin Advisory
Committee.
(b) Designations and Inscriptions.--On each coin minted
under this Act there shall be--
(1) a designation of the value of the coin;
(2) an inscription of the year ``2014''; and
(3) inscriptions of the words ``Liberty'', ``In God We
Trust'', ``United States of America'', and ``E Pluribus
Unum''.
(c) Selection and Approval Process for Obverse Design.--
(1) In general.--The Secretary shall hold a competition to
determine the design of the common obverse of the coins
minted under this Act, with such design being emblematic of
the game of baseball.
(2) Selection and approval.--Proposals for the design of
coins minted under this Act may be submitted in accordance
with the design selection and approval process developed by
the Secretary in the sole discretion of the Secretary. The
Secretary shall encourage 3-dimensional models to be
submitted as part of the design proposals.
(3) Proposals.--As part of the competition described in
this subsection, the Secretary may accept proposals from
artists, engravers of the United States Mint, and members of
the general public.
(4) Compensation.--The Secretary shall determine
compensation for the winning design under this subsection,
which shall be not less than $5,000. The Secretary shall take
into account this compensation amount when determining the
sale price described in section 6(a).
(d) Reverse Design.--The design on the common reverse of
the coins minted under this Act shall depict a baseball
similar to those used by Major League Baseball.

SEC. 5. ISSUANCE OF COINS.

(a) Quality of Coins.--Coins minted under this Act shall be
issued in uncirculated and proof qualities.
(b) Period for Issuance.--The Secretary may issue coins
minted under this Act only during the 1-year period beginning
on January 1, 2014.

SEC. 6. SALE OF COINS.

(a) Sale Price.--The coins issued under this Act shall be
sold by the Secretary at a price equal to the sum of--
(1) the face value of the coins;
(2) the surcharge provided in section 7(a) with respect to
such coins; and
(3) the cost of designing and issuing the coins (including
labor, materials, dies, use of machinery, winning design
compensation, overhead expenses, marketing, and shipping).
(b) Bulk Sales.--The Secretary shall make bulk sales of the
coins issued under this Act at a reasonable discount.
(c) Prepaid Orders.--
(1) In general.--The Secretary shall accept prepaid orders
for the coins minted under this Act before the issuance of
such coins.
(2) Discount.--Sale prices with respect to prepaid orders
under paragraph (1) shall be at a reasonable discount.

SEC. 7. SURCHARGES.

(a) In General.--All sales of coins minted under this Act
shall include a surcharge as follows:
(1) A surcharge of $35 per coin for the $5 coin.
(2) A surcharge of $10 per coin for the $1 coin.
(3) A surcharge of $5 per coin for the half-dollar coin.
(b) Distribution.--Subject to section 5134(f) of title 31,
United States Code, all surcharges received by the Secretary
from the sale of coins issued under this Act shall be
promptly paid by the Secretary to the National Baseball Hall
of Fame to help finance its operations.
(c) Audits.--The National Baseball Hall of Fame shall be
subject to the audit requirements of section 5134(f)(2) of
title 31, United States Code, with regard to the amounts
received under subsection (b).
(d) Limitation.--Notwithstanding subsection (a), no
surcharge may be included with respect to the issuance under
this Act of any coin during a calendar year if, as of the
time of such issuance, the issuance of such coin would result
in the number of commemorative coin programs issued during
such year to exceed the annual commemorative coin program
issuance limitation under section 5112(m)(1) of title 31,
United States Code (as in effect on the date of the enactment
of this Act). The Secretary of the Treasury may issue
guidance to carry out this subsection.

SEC. 8. FINANCIAL ASSURANCES.

The Secretary shall take such actions as may be necessary
to ensure that--
(1) minting and issuing coins under this Act will not
result in any net cost to the United States Government; and
(2) no funds, including applicable surcharges, are
disbursed to any recipient designated in section 7 until the
total cost of designing and issuing all of the coins
authorized by this Act (including labor, materials, dies, use
of machinery, winning design compensation, overhead expenses,
marketing, and shipping) is recovered by the United States
Treasury, consistent with sections 5112(m) and 5134(f) of
title 31, United States Code.

SEC. 9. BUDGET COMPLIANCE.

The budgetary effects of this Act, for the purpose of
complying with the Statutory Pay-As-You-Go Act of 2010, shall
be determined by reference to the latest statement titled
``Budgetary Effects of PAYGO Legislation'' for this Act,
submitted for printing in

[[Page S4980]]

the Congressional Record by the Chairman of the Committee on
the Budget of the House of Representatives, provided that
such statement has been submitted prior to the vote on
passage.

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