To prohibit the use of Federal funds to construct ethanol blender pumps or ethanol storage facilities.

TEXT OF AMENDMENTS

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

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

SEC. 22. PERMANENT REAUTHORIZATION OF E-VERIFY.

Section 401(b) of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (division C of Public
Law 104-208; 8 U.S.C. 1324a note) is amended by striking
``Unless the Congress otherwise provides, the Secretary shall
terminate a pilot program on September 30, 2012.''.
______

SA 435. Mr. RUBIO submitted an amendment intended to be proposed by
him to the bill S. 782, to amend the Public Works and Economic
Development Act of 1965 to reauthorize that Act, and for other
purposes; which was ordered to lie on the table; as follows.

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

SEC. 22. WATER QUALITY STANDARDS.

None of the amounts made available by this Act, the
amendments made by this Act, or any other provision of law
may be used to implement, administer, or enforce the final
rule of the Environmental Protection Agency entitled ``Water
Quality Standards for the State of Florida's Lakes and
Flowing Waters'' (75 Fed. Reg. 75762 (December 6, 2010)).
______

SA 436. Mr. COBURN (for himself and Mrs. Feinstein) submitted an
amendment intended to be proposed by him to the bill S. 782, to amend
the Public Works and Economic Development Act of 1965 to reauthorize
that Act, and for other purposes; as follows.

=========================== NOTE ===========================

On page S3695, June 9, 2011, in the second column, under the
heading TEXT OF AMENDMENTS, the following appears: SA 436. Mr.
COBURN (for himself and Mr. Cardin) submitted an amendment
intended to be proposed by him to the bill S. 782, to amend the
Public Works and Economic Development Act of 1965 to reauthorize
that Act, and for other purposes; as follows.

The online Record has been corrected to read: SA 436. Mr. COBURN
(for himself and Mrs. Feinstein) submitted an amendment intended
to be proposed by him to the bill S. 782, to amend the Public
Works and Economic Development Act of 1965 to reauthorize that
Act, and for other purposes; as follows.

========================= END NOTE =========================

Beginning on page 17, strike line 14 and all that follows
through page 18, line 10, and insert the following:
(a) Brightfields Demonstration Program.--Section 218 of the
Public Works and Economic Development Act of 1965 (42 U.S.C.
3154d) is repealed.
(b) Termination of Global Climate Change Mitigation
Incentive Fund.--Not later than 30 days after the date of
enactment of this Act, the Secretary of Commerce shall
terminate the Global Climate Change Mitigation Incentive Fund
of the Department of Commerce.
______

SA 437. Mr. COBURN submitted an amendment intended to be proposed by
him to the bill S. 782, to amend the Public Works and Economic
Development Act of 1965 to reauthorize that Act, and for other
purposes; which was ordered to lie on the table; as follows.

Beginning on page 17, strike line 14 and all that follows
through page 18, line 10, and insert the following:
(a) Brightfields Demonstration Program.--Section 218 of the
Public Works and Economic Development Act of 1965 (42 U.S.C.
3154d) is repealed.
(b) Authorization of Appropriations.--Section 701(a) of the
Public Works and Economic Development Act of 1965 (42 U.S.C.
3231(a)) (as amended by section 19) is amended by striking
``$500,000,000'' and inserting``$150,000,000''.
(c) Termination of Global Climate Change Mitigation
Incentive Fund.--Not later than 30 days after the date of
enactment of this Act, the Secretary of Commerce shall
terminate the Global Climate Change Mitigation Incentive Fund
of the Department of Commerce.
______

SA 438. Mr. INHOFE (for himself, Mr. Blunt, Mr. Johanns, Mr. Cochran,
Mr. Coats, and Mr. Roberts) submitted an amendment intended to be
proposed by him to the bill S. 782, to amend the Public Works and
Economic Development Act of 1965 to reauthorize that Act, and for other
purposes; as follows:

At the end, add the following:

TITLE II--REGULATORY ASSESSMENT

SEC. 201. SHORT TITLE.

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

SEC. 202. DEFINITIONS.

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

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

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

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

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

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

[[Page S3696]]

(II) preconstruction review permits under section 165 of
the Clean Air Act (42 U.S.C. 7475);

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

SEC. 203. CUMULATIVE REGULATORY ASSESSMENT COMMITTEE.

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

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

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

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

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

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

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

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

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

(VI) other resulting adverse economic or energy impacts.

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

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

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

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

(x) Federal, State, and local policies that have been or
will be implemented to foster a transition in energy
infrastructure in the United States, including those policies
that promote fuel diversity, affordable and reliable
electricity, and energy security.
(2) Consultation with state and local governments.--The
Committee shall consult

[[Page S3697]]

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

SEC. 204. SAVINGS CLAUSE.

Nothing in this title confirms, modifies, or otherwise
affects the statutory authority for adopting and implementing
the Federal regulatory mandates.
______

SA 439. Mr. JOHANNS submitted an amendment intended to be proposed by
him to the bill S. 782, to amend the Public Works and Economic
Development Act of 1965 to reauthorize that Act, and for other
purposes; which was ordered to lie on the table; as follows:

At the end, add the following:

SEC. __. SENSE OF THE SENATE.

It is the sense of the Senate that, for each fiscal year
for which amounts are appropriated to carry out programs
authorized under this Act or the amendments made by this Act,
if those amounts exceed the amounts appropriated to carry out
the same programs in fiscal year 2007, other discretionary
spending should be reduced by an amount that is equal to the
difference between--
(1) the amounts appropriated to carry out programs
authorized under this Act or the amendments made by this Act;
and
(2) the amounts appropriated to carry out the same programs
in fiscal year 2007.
______

SA 440. Mr. MERKLEY proposed an amendment to the bill S. 782, to
amend the Public Works and Economic Development Act of 1965 to
reauthorize that Act, and for other purposes; as follows:

At the end of the bill, add the following:

SEC. __. LOW-COST ENERGY EFFICIENCY LOANS.

(a) Definitions.--In this section:
(1) Eligible participant.--The term ``eligible
participant'' means a homeowner who receives financial
assistance from a qualified financing entity to carry out
energy efficiency or renewable energy improvements to an
existing home or other residential building of the homeowner
listed under subsection (d).
(2) Program.--The term ``program'' means the Energy
Efficiency Loan Program established under subsection (b).
(3) Qualified financing entity.--The term ``qualified
financing entity'' means a State, political subdivision of a
State, tribal government, electric utility, natural gas
utility, nonprofit or community-based organization, energy
service company, retailer, or any other qualified entity
that--
(A) meets the eligibility requirements of this section; and
(B) is designated by the Governor of a State.
(4) Qualified loan program mechanism.--The term ``qualified
loan program mechanism'' means a loan program that is--
(A) administered by a qualified financing entity; and
(B) principally funded--
(i) by funds provided by or overseen by a State; or
(ii) through the energy loan program of the Federal
National Mortgage Association.
(5) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
(b) Establishment.--The Secretary shall establish an Energy
Efficiency Loan Program under which the Secretary shall make
funds available to States to support financial assistance
provided by qualified financing entities for making qualified
energy efficiency or renewable efficiency improvements listed
under subsection (d).
(c) Eligibility of Qualified Financing Entities.--To be
eligible to participate in the program, a qualified financing
entity shall--
(1) offer a financing product under which eligible
participants may pay over time for the cost to the eligible
participant (after all applicable Federal, State, local, and
other rebates or incentives are applied) of making
improvements listed under subsection (d);
(2) require all financed improvements to be performed by
contractors in a manner that meets minimum standards
established by the Secretary; and
(3) establish standard underwriting criteria to determine
the eligibility of program applicants, which criteria shall
be consistent with--
(A) with respect to unsecured consumer loan programs,
standard underwriting criteria used under the energy loan
program of the Federal National Mortgage Association; or
(B) with respect to secured loans or other forms of
financial assistance, commercially recognized best practices
applicable to the form of financial assistance being provided
(as determined by the designated entity administering the
program in the State).
(d) Qualified Energy Efficiency or Renewable Energy
Improvements.--Not later than 90 days after the date of
enactment of this Act, the Secretary shall publish a list of
energy efficiency or renewable energy improvements to
existing homes that qualify under the program.
(e) Allocation.--In making funds available to States for
each fiscal year under this section, the Secretary shall use
the formula used to allocate funds to States to carry out
State energy conservation plans established under part D of
title III of the Energy Policy and Conservation Act (42
U.S.C. 6321 et seq.).
(f) Qualified Financing Entities.--Before making funds
available to a State under this section, the Secretary shall
require the Governor of the State to provide to the Secretary
a letter of assurance that the State--
(1) has 1 or more qualified financing entities that meet
the requirements of this section;
(2) has established a qualified loan program mechanism
that--
(A) includes a methodology to ensure credible energy
savings or renewable energy generation;
(B) incorporates an effective repayment mechanism, which
may include--
(i) on-utility-bill repayment;
(ii) tax assessment or other form of property assessment
financing;
(iii) municipal service charges;
(iv) energy or energy efficiency services contracts;
(v) energy efficiency power purchase agreements;
(vi) unsecured loans applying the underwriting requirements
of the energy loan program of the Federal National Mortgage
Association; or
(vii) alternative contractual repayment mechanisms that
have been demonstrated to have appropriate risk mitigation
features; and
(C) will provide, in a timely manner, all information
regarding the administration of the program as the Secretary
may require to permit the Secretary to meet the reporting
requirements of subsection (i).
(g) Use of Funds.--Funds made available to States under the
program may be used to support financing products offered by
qualified financing entities to eligible participants for
eligible energy efficiency work, by providing--
(1) interest rate reductions;
(2) loan loss reserves or other forms of credit
enhancement;
(3) revolving loan funds from which qualified financing
entities may offer direct loans; or
(4) other debt instruments or financial products
necessary--
(A) to maximize leverage provided through available funds;
and
(B) to support widespread deployment of energy efficiency
finance programs.
(h) Use of Repayment Funds.--In the case of a revolving
loan fund established by a State described in subsection
(g)(3), a qualified financing entity may use funds repaid by
eligible participants under the program to provide financial
assistance for additional eligible participants to make
improvements listed under subsection (d) in a manner that is
consistent with this section or other such criteria as are
prescribed by the State.
(i) Program Evaluation.--Not later than 1 year after the
date of enactment of this Act, the Secretary shall submit to
Congress a program evaluation that describes--
(1) how many eligible participants have participated in the
program;
(2) how many jobs have been created through the program,
directly and indirectly;
(3) what steps could be taken to promote further deployment
of energy efficiency and renewable energy retrofits;
(4) the quantity of verifiable energy savings, homeowner
energy bill savings, and other benefits of the program; and
(5) the performance of the programs carried out by
qualified financing entities under this section, including
information on the rate of default and repayment.
(j) Credit Support for Financing Programs.--Section 1705 of
the Energy Policy Act of 2005 (42 U.S.C. 16516) is amended--
(1) in subsection (a), by adding at the end the following:
``(4) Energy efficiency projects, including projects to
retrofit residential, commercial, and industrial buildings,
facilities, and equipment, including financing programs that
finance the retrofitting of residential, commercial, and
industrial buildings, facilities, and equipment.''.
(2) by redesignating subsection (e) as subsection (f); and
(3) by inserting after subsection (d) the following:
``(e) Credit Support for Financing Programs.--
``(1) In general.--In the case of programs that finance the
retrofitting of residential, commercial, and industrial
buildings, facilities, and equipment described in subsection
(a)(4), the Secretary may--
``(A) offer loan guarantees for portfolios of debt
obligations; and

[[Page S3698]]

``(B) purchase or make commitments to purchase portfolios
of debt obligations.
``(2) Term.--Notwithstanding section 1702(f), the term of
any debt obligation that receives credit support under this
subsection shall require full repayment over a period not to
exceed the lesser of--
``(A) 30 years; and
``(B) the projected weighted average useful life of the
measure or system financed by the debt obligation or
portfolio of debt obligations (as determined by the
Secretary).
``(3) Underwriting.--The Secretary may--
``(A) delegate underwriting responsibility for portfolios
of debt obligations under this subsection to financial
institutions that meet qualifications determined by the
Secretary; and
``(B) determine an appropriate percentage of loans in a
portfolio to review in order to confirm sound underwriting.
``(4) Administration.--Subsections (c) and (d)(3) of
section 1702 and subsection (c) of this section shall not
apply to loan guarantees made under this subsection.''.
(k) Authorization of Appropriations.--There are authorized
to be appropriated to carry out this section and the
amendments made by this section such sums as are necessary.
______

SA 441. Mr. McCAIN proposed an amendment to amendment SA 436
submitted by Mr. Coburn to the bill S. 782, to amend the Public Works
and Economic Development Act of 1965 to reauthorize that Act, and for
other purposes; as follows.

At the appropriate place insert the following:

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

Effective beginning on the date of enactment of this Act,
no funds made available by Federal law (including funds in
any trust fund to which funds are made by Federal law) shall
be expended for the construction of an ethanol blender pump
or an ethanol storage facility.
______

SA 442. Mrs. FEINSTEIN submitted an amendment intended to be proposed
by her to the bill S. 782, to amend the Public Works and Economic
Development Act of 1965 to reauthorize that Act, and for other
purposes; which was ordered to lie on the table; as follows.

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

SEC. 22. REQUIREMENTS WITH RESPECT TO BISPHENOL A.

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

SA 443. Mrs. FEINSTEIN submitted an amendment intended to be proposed
by her to the bill S. 782, to amend the Public Works and Economic
Development Act of 1965 to reauthorize that Act, and for other
purposes; which was ordered to lie on the table; as follows:

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

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

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

[[Page S3699]]

(iii) in paragraph (2)--

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

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

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

(ii) in subsection (b)--

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

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

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

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

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

(4) Applicability to grandfathered plans.--Section
1251(a)(4)(A) of the Patient Protection and Affordable Care
Act (Public Law 111-148), as added by section 2301 of the
Health Care and Education Reconciliation Act of 2010 (Public
Law 111-152), is amended by adding at the end the following:
``(v) Section 2794 (relating to reasonableness of rates
with respect to health insurance coverage).''.
(5) Effective date.--The amendments made by this section
shall take effect on the date of enactment of this Act.
______

SA 444. Ms. SNOWE (for herself, Mrs. McCaskill, Mr. Grassley, Mrs.
Hagan, Ms. Collins, Mr. Merkley, and Mr. Enzi) submitted an amendment
intended to be proposed by her to the bill S. 782, to amend the Public
Works and Economic Development Act of 1965 to reauthorize that Act, and
for other purposes; which was ordered to lie on the table; as follows:

At the end, add the following:

TITLE _--CONTRACTING FRAUD PREVENTION

SECTION __1. SHORT TITLE.

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

SEC. __2. DEFINITIONS.

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

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

Section 16 of the Small Business Act (15 U.S.C. 645) is
amended--
(1) in subsection (d)--
(A) in paragraph (1)--
(i) in the matter preceding subparagraph (A), by striking
``Whoever'' and all that follows through ``oneself or
another'' and inserting the following: ``A person shall be
subject to the penalties and remedies described in paragraph
(2) if the person misrepresents the status of any concern or
person as a `small business concern', a `qualified HUBZone
small business concern', a `small business concern owned and
controlled by socially and economically disadvantaged
individuals', a `small business concern owned and controlled
by women', or a `small business concern owned and controlled
by service-disabled veterans', in order to obtain for any
person'';
(ii) by amending subparagraph (A) to read as follows:
``(A) prime contract, subcontract, grant, or cooperative
agreement to be awarded under subsection (a) or (m) of
section 8, or section 9, 15, 31, or 36;'';
(iii) by striking subparagraph (B);
(iv) by redesignating subparagraphs (C) and (D) as
subparagraphs (B) and (C), respectively; and
(v) in subparagraph (C), as so redesignated, by striking
``, shall be'' and all that follows and inserting a period;
(B) in paragraph (2)--
(i) by redesignating subparagraphs (C) and (D) as
subparagraphs (D) and (E), respectively; and
(ii) by inserting after subparagraph (B) the following:
``(C) be subject to the civil remedies and penalties under
subchapter III of chapter 37 of title 31, United States Code
(commonly known as the `False Claims Act');''; and
(C) by adding at the end the following:
``(3)(A) In the case of a violation of paragraph (1)(A),
(g), or (h), for purposes of a proceeding described in
subparagraph (A) or (C) of paragraph (2), the amount of the
loss to the Federal Government or the damages sustained by
the Federal Government, as applicable, shall be an amount
equal to the amount that the Federal Government paid to the
person that received a contract, grant, or cooperative
agreement described in paragraph (1)(A), (g), or (h),
respectively.
``(B) In the case of a violation of subparagraph (B) or (C)
of paragraph (1), for the purpose of a proceeding described
in subparagraph (A) or (C) of paragraph (2), the amount of
the loss to the Federal Government or the damages sustained
by the Federal Government, as applicable, shall be an amount
equal to the portion of any payment by the Federal Government
under a prime contract that was used for a subcontract
described in subparagraph (B) or (C) of paragraph (1),
respectively.
``(C) In a proceeding described in subparagraph (A) or (B),
no credit shall be applied against any loss or damages to the
Federal Government for the fair market value of the property
or services provided to the Federal Government.'';
(2) by striking subsection (e) and inserting the following:
``(e) Any representation of the status of any concern or
person as a `small business concern', a `qualified HUBZone
small business concern', a `small business concern owned and
controlled by socially and economically disadvantaged
individuals', a `small business concern owned and controlled
by women', or a `small business concern owned and controlled
by service-disabled veterans', in order to obtain any prime
contract, subcontract, grant, or cooperative agreement
described in subsection (d)(1) shall be made in writing or
through the Online Representations and Certifications
Application process required under section 4.1201 of the
Federal Acquisition Regulation, or any successor thereto.'';
and
(3) by adding at the end the following:
``(g) A person shall be subject to the penalties and
remedies described in subsection (d)(2) if the person
misrepresents the status of any concern or person as a `small
business concern', a `qualified HUBZone small business
concern', a `small business concern owned and controlled by
socially and economically disadvantaged individuals', a
`small business concern owned and controlled by women', or a
`small business concern owned and controlled by service-
disabled veterans'--
``(1) in order to allow any person to participate in or be
admitted to any program of the Administration; or
``(2) in relation to a protest of a contract award or
proposed contract award made under regulations issued by the
Administration.
``(h)(1) A person that submits a request for payment on a
contract or subcontract that is awarded under subsection (a)
or (m) of section 8, or section 9, 15, 31, or 36, shall be
deemed to have submitted a certification that the person
complied with regulations issued by the Administration
governing the percentage of work that the person is required
to perform on the contract or subcontract, unless the person
states, in writing, that the person did not comply with the
regulations.
``(2) A person shall be subject to the penalties and
remedies described in subsection (d)(2) if the person--
``(A) uses the services of a business other than the
business awarded the contract or subcontract to perform a
greater percentage of work under a contract than is permitted
by regulations issued by the Administration; or
``(B) willfully participates in a scheme to circumvent
regulations issued by the Administration governing the
percentage of work that a contractor is required to perform
on a contract.''.

SEC. __4. VETERANS INTEGRITY IN CONTRACTING.

(a) Definition.--Section 3(q)(1) of the Small Business Act
(15 U.S.C. 632(q)(1)) is amended by striking ``means a
veteran'' and all that follows and inserting the following:
``means--
``(A) a veteran who possesses a disability rating letter
establishing a service-connected disability rated by the
Secretary of Veterans Affairs as zero percent or more
disabling; or

[[Page S3700]]

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

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

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

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

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

SEC. __6. HUBZONE IMPROVEMENTS.

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

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

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

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

The Administrator shall submit an annual report to the
Committee on Small Business and Entrepreneurship of the
Senate and the Committee on Small Business of the House of
Representatives that contains--

[[Page S3701]]

(1) the number of debarments from participation in programs
of the Administration issued by the Administrator during the
1-year period preceding the date of the report, including--
(A) the number of debarments that were based on a
conviction; and
(B) the number of debarments that were fact-based and did
not involve a conviction;
(2) the number of suspensions from participation in
programs of the Administration issued by the Administrator
during the 1-year period preceding the date of the report,
including--
(A) the number of suspensions issued that were based upon
indictments; and
(B) the number of suspensions issued that were fact-based
and did not involve an indictment;
(3) the number of suspension and debarments issued by the
Administrator during the 1-year period preceding the date of
the report that were based upon referrals from offices of the
Administration, other than the Office of Inspector General;
(4) the number of suspension and debarments issued by the
Administrator during the 1-year period preceding the date of
the report based upon referrals from the Office of Inspector
General;
(5) the number of persons that the Administrator declined
to debar or suspend after a referral described in paragraph
(4), and the reason for each such decision;
(6) the number of investigations and reviews of potential
suspensions and debarments that were initiated by the
Administration; and
(7) the number of investigations and reviews of potential
suspensions and debarments that were referred by the
Administration to other agencies.
______

SA 445. Mr. COBURN (for himself and Mr. Inhofe) submitted an
amendment intended to be proposed by him to the bill S. 782, to amend
the Public Works and Economic Development Act of 1965 to reauthorize
that Act, and for other purposes; which was ordered to lie on the
table; as follows:

Beginning on page 17, strike line 14 and all that follows
through page 18, line 10, and insert the following:
(a) Brightfields Demonstration Program.--Section 218 of the
Public Works and Economic Development Act of 1965 (42 U.S.C.
3154d) is repealed.
(b) Termination of Global Climate Change Mitigation
Incentive Fund.--Not later than 30 days after the date of
enactment of this Act, the Secretary of Commerce shall
terminate the Global Climate Change Mitigation Incentive Fund
of the Department of Commerce.
______

SA 446. Mr. COBURN submitted an amendment intended to be proposed by
him to the bill S. 782, to amend the Public Works and Economic
Development Act of 1965 to reauthorize that Act, and for other
purposes; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. ___. CONSOLIDATING UNNECESSARY DUPLICATIVE AND
OVERLAPPING GOVERNMENT PROGRAMS.

Notwithstanding any other provision of law, not later than
150 days after the date of enactment of this Act, the
Director of the Office of Management and Budget shall
coordinate with the heads of the relevant department and
agencies to--
(1) use available administrative authority to eliminate,
consolidate, or streamline Government programs and agencies
with duplicative and overlapping missions identified in the
March 2011 Government Accountability Office report to
Congress, entitled ``Opportunities to Reduce Potential
Duplication in Government Programs, Save Tax Dollars, and
Enhance Revenue'' (GAO-11-318SP) and apply the savings
towards deficit reduction;
(2) identify and report to Congress any legislative changes
required to further eliminate, consolidate, or streamline
Government programs and agencies with duplicative and
overlapping missions identified in the March 2011 Government
Accountability Office report to Congress, entitled
``Opportunities to Reduce Potential Duplication in Government
Programs, Save Tax Dollars, and Enhance Revenue'' (GAO-11-
318SP);
(3) determine the total cost savings that shall result to
each agency, office, and department from the actions
described in paragraph (1); and
(4) rescind from the appropriate accounts the amount
greater of--
(A) $5,000,000,000; or
(B) the total amount of cost savings estimated by paragraph
(3).
______

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

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

SEC. 8. FEDERAL SHARE AND AUTHORIZATION OF APPROPRIATIONS.

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

``SEC. 204. FEDERAL SHARE.

``The Federal share of the cost of any project carried out
under this title shall not exceed 50 percent.''.
(b) Authorization of Appropriations.--Section 701(a) of the
Public Works and Economic Development Act of 1965 (42 U.S.C.
3231(a)) (as amended by section 19) is amended by striking
``$500,000,000'' and inserting ``$150,000,000''.
______

SA 448. Mr. COBURN submitted an amendment intended to be proposed by
him to the bill S. 782, to amend the Public Works and Economic
Development Act of 1965 to reauthorize that Act, and for other
purposes; which was ordered to lie on the table; as follows:

Strike all after the enacting clause and insert the
following:

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

(a) Termination of Authority.--As soon as practicable after
the date of enactment of this Act, the President shall
establish a plan providing for--
(1) the termination of the Economic Development
Administration; and
(2) except as provided in subsection (b), the transfer of
all functions, duties, and authorities of the Economic
Development Administration to the Department of Housing and
Urban Development Community Development Block Grant program
established under title I of the Housing and Community
Development Act of 1974 (42 U.S.C. 5301 et seq.).
(b) Limitation.--Notwithstanding subsection (a)(2), on
termination of the Economic Development Administration under
subsection (a)(1)--
(1) all functions, duties, and authorities of the Economic
Development Administration with respect to the Global Climate
Change Mitigation Incentive Fund of the Department of
Commerce; and
(2) the functions, duties, and authorities described in
paragraph (1) shall not be transferred to the Department of
Housing and Urban Development Community Development Block
Grant program.
______

SA 449. Mr. COBURN submitted an amendment intended to be proposed by
him to the bill S. 782, to amend the Public Works and Economic
Development Act of 1965 to reauthorize that Act, and for other
purposes; which was ordered to lie on the table; as follows:

Strike all after the enacting clause and insert the
following:

SECTION 1. ECONOMIC DEVELOPMENT ADMINISTRATION.

(a) Termination of Authority.--Effective October 1, 2011,
the Public Works and Economic Development Act of 1965 (42
U.S.C. 3121 et seq.) is repealed.
(b) Termination of Agency.--Effective beginning on October
1, 2011, the Economic Development Administration is
terminated.
(c) Collection Authority.--The Secretary of the Treasury
may collect any amounts owed to the Federal Government under
any loan agreement entered into by the Economic Development
Administration in effect on September 30, 2011--
(1) in accordance with the terms or conditions of that loan
agreement; or
(2) as otherwise provided by law.
______

SA 450. Mr. COBURN (for himself, Ms. Collins, and Mrs. McCaskill)
submitted an amendment intended to be proposed by him to the bill S.
782, to amend the Public Works and Economic Development Act of 1965 to
reauthorize that Act, and for other purposes; which was ordered to lie
on the table; as follows:

At the appropriate place, insert the following:

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

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

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

(C) identify programs within the Federal Government
(whether inside or outside the

[[Page S3702]]

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

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

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

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

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

SA 451. Mr. COBURN submitted an amendment intended to be proposed by
him to the bill S. 782, to amend the Public Works and Economic
Development Act of 1965 to reauthorize that Act, and for other
purposes; which was ordered to lie on the table; as follows:

At the end of the bill, insert the following:

SEC. ___. PREVENTING DUPLICATIVE AND OVERLAPPING GOVERNMENT
PROGRAMS.

(a) Short Title.--This section may be cited as the
``Preventing Duplicative and Overlapping Government Programs
Act''.
(b) Amendment to the Standing Rules of the Senate.--
Paragraph 11 of rule XXVI of the Standing Rules of the Senate
is amended--
(1) in subparagraph (c), by striking ``and (b)'' and
inserting ``(b), and (c)'';
(2) by redesignating subparagraph (c) and subparagraph (d);
and
(3) by inserting after subparagraph (b) the following:
``(c) Each such report shall also contain--
``(1) an analysis by the Congressional Research Service to
determine if the bill or joint resolution creates any new
Federal program, office, or initiative that would duplicate
or overlap any existing Federal program, office, or
initiative with similar mission, purpose, goals, or
activities along with a listing of all of the overlapping or
duplicative Federal program or programs, office or offices,
or initiative or initiatives; and
``(2) an explanation provided by the committee as to why
the creation of each new program, office, or initiative is
necessary if a similar program or programs, office or
offices, or initiative or initiatives already exist.''.
______

SA 452. Mr. COBURN submitted an amendment intended to be proposed by
him to the bill S. 782, to amend the Public Works and Economic
Development Act of 1965 to reauthorize that Act, and for other
purposes; which was ordered to lie on the table; as follows:

[[Page S3703]]

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

SEC. 2. FEDERAL SHARE.

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

``SEC. 204. FEDERAL SHARE.

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

SEC. 3. AUTHORIZATION OF APPROPRIATIONS.

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

``SEC. 701. AUTHORIZATION OF APPROPRIATIONS.

``(a) Economic Adjustment Assistance Program.--There is
authorized to be appropriated to carry out the program of
grants for economic adjustment assistance under section 209
$150,000,000 for each of fiscal years 2011 through 2015.
``(b) Termination of Other Programs.--Effective on the date
of enactment of the Economic Development Revitalization Act
of 2011, the Secretary may not carry out any programs under
this Act other than the program funded under subsection
(a).''.
______

SA 453. Mrs. FEINSTEIN submitted an amendment intended to be proposed
by her to the bill S. 782, to amend the Public Works and Economic
Development Act of 1965 to reauthorize that Act, and for other
purposes; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

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

Section 414(h) of title 39, United States Code, is amended
by striking ``2011'' and inserting ``2015''.
______

SA 454. Mrs. FEINSTEIN submitted an amendment intended to be proposed
by her to the bill S. 782, to amend the Public Works and Economic
Development Act of 1965 to reauthorize that Act, and for other
purposes; which was ordered to lie on the table; as follows:

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

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

Section 60102(j) of title 49, United States Code, is
amended by striking paragraph (3) and inserting the
following:
``(3) Remotely or automatically controlled valves.--
``(A) In general.--Not later than 18 months after the date
of the enactment of the Economic Development Revitalization
Act of 2011, the Secretary shall prescribe regulations
requiring the installation and use in pipelines and pipeline
facilities, wherever technically and economically feasible,
of remotely or automatically controlled valves that are
reliable and capable of shutting off the flow of gas in the
event of an accident, including accidents in which there is a
loss of the primary power source.
``(B) Consultations.--In developing regulations prescribed
in accordance with subparagraph (A), the Secretary shall
consult with appropriate groups from the gas pipeline
industry and pipeline safety experts.''.
______

SA 455. Mrs. FEINSTEIN submitted an amendment intended to be proposed
by her to the bill S. 782, to amend the Public Works and Economic
Development Act of 1965 to reauthorize that Act, and for other
purposes; which was ordered to lie on the table; as follows:

At the end of the bill, insert the following:

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

(a) Short Title.--This section may be cited as the ``No
Firearms for Foreign Felons Act of 2011''.
(b) Definitions.--
(1) Courts.--Section 921(a) of title 18, United States
Code, is amended by adding at the end the following:
``(JJ) The term `any court' includes any Federal, State, or
foreign court.''.
(2) Exclusion of certain felonies.--Section 921(a)(20) of
title 18, United States Code, is amended--
(A) in subparagraph (A), by striking ``any Federal or State
offenses'' and inserting ``any Federal, State, or foreign
offenses'';
(B) in subparagraph (B), by striking ``any State offense
classified by the laws of the State'' and inserting ``any
State or foreign offense classified by the laws of that
jurisdiction''; and
(C) in the matter following subparagraph (B), in the first
sentence, by inserting before the period the following: ``,
except that a foreign conviction shall not constitute a
conviction of such a crime if the convicted person
establishes that the foreign conviction resulted from a
denial of fundamental fairness that would violate due process
if committed in the United States or from conduct that would
be legal if committed in the United States''.
(c) Domestic Violence Crimes.--Section 921(a)(33) of title
18, United States Code, is amended--
(1) in subparagraph (A), by striking ``subparagraph (C)''
and inserting ``subparagraph (B)''; and
(2) in subparagraph (B)(ii), by striking ``if the
conviction has'' and inserting the following: ``if the
conviction--
``(I) occurred in a foreign jurisdiction and the convicted
person establishes that the foreign conviction resulted from
a denial of fundamental fairness that would violate due
process if committed in the United States or from conduct
that would be legal if committed in the United States; or
``(II) has''.
(d) Penalties.--Section 924(e)(2)(A)(ii) of title 18,
United States Code, is amended--
(1) by striking ``an offense under State law'' and
inserting ``an offense under State or foreign law''; and
(2) by inserting before the semicolon the following: ``,
except that a foreign conviction shall not constitute a
conviction of such a crime if the convicted person
establishes that the foreign conviction resulted from a
denial of fundamental fairness that would violate due process
if committed in the United States or from conduct that would
be legal if committed in the United States''.
______

SA 456. Mrs. FEINSTEIN submitted an amendment intended to be proposed
by her to the bill S. 782, to amend the Public Works and Economic
Development Act of 1965 to reauthorize that Act, and for other
purposes; which was ordered to lie on the table; as follows:

At the end, add the following:

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

Section 241(i)(3)(A) of the Immigration and Nationality Act
(8 U.S.C. 1231(i)(3)(A)) is amended by inserting ``charged
with or'' before ``convicted''.
______

SA 457. Ms. STABENOW (for herself and Mr. Brown of Ohio) submitted an
amendment intended to be proposed by her to the bill S. 782, to amend
the Public Works and Economic Development Act of 1965 to reauthorize
that Act, and for other purposes; which was ordered to lie on the
table; as follows:

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

SEC. 10. FLEXIBILITY FOR MANUFACTURING COMMUNITIES.

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

TITLE II--REGIONAL ECONOMIC RECOVERY COORDINATION

SEC. 201. SHORT TITLE.

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

SEC. 202. PURPOSE.

The purpose of this title is to assist eligible regions
affected by sudden and severe economic dislocation in the
period beginning on January 1, 2006, by--
(1) identifying and coordinating Federal, State, and local
economic development resources;

[[Page S3704]]

(2) providing technical assistance in support of regional
economic development strategies; and
(3) integrating public and private economic development
strategies for those regions.

SEC. 203. DEFINITIONS.

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

SEC. 204. NOTIFICATION AND CERTIFICATION.

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

SEC. 205. FEDERAL ECONOMIC RECOVERY COORDINATORS.

(a) Assignment.--
(1) In general.--Upon the request of an eligible region,
the Secretary shall assign a Federal economic recovery
coordinator to that region to carry out the duties described
in subsection (b).
(2) Assignment of federal personnel.--The Secretary may
assign personnel of the Department of Commerce to serve as
Federal economic recovery coordinators in accordance with the
applicable provisions of subchapter VI of chapter 33 of title
5, United States Code.
(b) Duties.--The duties of a Federal economic recovery
coordinator assigned under subsection (a) to an eligible
region are--
(1) to provide technical assistance to the eligible region
and assist in the development of a comprehensive economic
development strategy (as that term is used in sections 203
and 302 of the Public Works and Economic Development Act of
1965 (42 U.S.C. 3143 and 3162)) for the region, including
applying for applicable grants to develop or implement the
plan;
(2) at the local or regional level, to coordinate the
response of all Federal agencies offering economic adjustment
assistance to the eligible region;
(3) to act as a liaison between the eligible region and all
Federal agencies that offer economic adjustment assistance to
eligible regions, including--
(A) the Department of Agriculture;
(B) the Department of Defense;
(C) the Department of Education;
(D) the Department of Labor;
(E) the Department of Housing and Urban Development;
(F) the Department of Health and Human Services;
(G) the Small Business Administration;
(H) the Department of the Treasury;
(I) the National Economic Council;
(J) the Department of Commerce;
(K) the Environmental Protection Agency; and
(L) the Department of Transportation;
(4) to report regularly to the Secretary regarding the
progress of economic adjustment in the eligible region; and
(5) to perform such other duties as the Secretary considers
to be appropriate.

SEC. 206. AUTHORIZATION OF APPROPRIATIONS.

For each of fiscal years 2011 through 2013, of the amounts
made available under section 701 of the Public Works and
Economic Development Act of 1965 (42 U.S.C. 3231), there are
authorized to be appropriated to carry out this title such
sums as are necessary.
______

SA 458. Mr. LEE submitted an amendment intended to be proposed by him
to the bill S. 782, to amend the Public Works and Economic Development
Act of 1965 to reauthorize that Act, and for other purposes; which was
ordered to lie on the table; as follows:

At the end, add the following:

SEC. 22. COST-BENEFIT ANALYSIS FOR RULEMAKING.

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

____________________