S 239
112th CONGRESS
1st Session
S. 239
To support innovation, and for other purposes.
IN THE SENATE OF THE UNITED STATES
January 31, 2011
Ms. KLOBUCHAR (for herself and Mr. BROWN of Massachusetts) introduced
the following bill; which was read twice and referred to the Committee
on Finance
A BILL
To support innovation, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title- This Act may be cited as the `Innovate America Act'.
(b) Table of Contents- The table of contents for this Act is as follows:
Sec. 1. Short title; table of contents.
TITLE I--RESEARCH AND DEVELOPMENT
Sec. 101. Simplification of tax credit for contributions to universities
for research and development purposes.
Sec. 102. Credit for charitable contributions of equipment to secondary
schools and technical and community colleges.
TITLE II--LENDING TO SMALL- AND MEDIUM-SIZED HIGH GROWTH TECHNOLOGY
COMPANIES
Sec. 201. Innovative Technology Development Loan Guarantee Program.
TITLE III--EDUCATION
Sec. 302. Increasing funding for STEM secondary schools.
Sec. 303. Grants to institutions of higher education for retaining
STEM students.
Sec. 304. Expanding undergraduate research opportunities.
Sec. 305. Internet website promoting commercialization of technology
ideas invented by federally funded researchers.
Sec. 306. Technology Commercialization Awards Pilot Program.
TITLE IV--MANUFACTURING AND EXPORT PROMOTIONS
Sec. 401. Manufacturing assistance program for small- and medium-sized
manufacturers in the United States.
Sec. 402. Removing barriers for exporting industries in the United
States.
Sec. 403. Improving access to international markets.
TITLE V--OFFSETS
Sec. 501. Limitation on Government printing costs.
Sec. 502. Eliminating bonuses for poor performance by Government contractors.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Innovation has historically been a catalyzing force in the American
economy, driving the production of game-changing technologies, the
creation of millions of jobs and the opening of countless new avenues
for growth. In an increasingly competitive global economy, our Nation's
continued leadership and prosperity will hinge on progress in key
innovative areas, most notably exporting, entrepreneurship, research
and development, and education in science, technology, engineering,
and mathematics (STEM);
(2) Start-up companies create the lion's share of new technologies.
Increasing the flow of capital to these firms would bridge the gap
that often exists between their initial startup costs and their long-term
capital needs, giving the firms the resources necessary to research,
develop and commercialize new products.
(3) Simplifying, expanding and stabilizing the tax credits that businesses
and institutions of higher education rely on to offset the cost of
research and would promote greater clarity in the Internal Revenue
Code of 1986 and deliver a powerful incentive for private sector innovation.
(4) Increasing the emphasis on STEM education in high schools and
institutions of higher education would ensure that more students have
the skills and training to not only compete for jobs in a 21st century
economy, but also to create the startup companies and revolutionary
technologies that will sustain American prosperity for centuries to
come.
(5) An effective regulatory climate should protect consumers and promote
transparency without overburdening the businesses that create jobs.
Federal agencies with rulemaking authority should be vigilant in assessing
the impact of new regulations on innovation and job creation, particularly
in anchor industries like manufacturing.
(6) The economic impact of a new product or technology is often dependent
on its commercial success. To ensure American products can be bought
and sold in markets around the world, the government should identify
and remove over burdensome regulations that create barriers for United
States exporting companies.
(7) Comprehensive and fair trade agreements are vital to the United
States' ability to export. The Federal Government should ardently
work towards ratifying trade agreements with foreign countries that
benefit the citizens and industries of the United States.
TITLE I--RESEARCH AND DEVELOPMENT
SEC. 101. SIMPLIFICATION OF TAX CREDIT FOR CONTRIBUTIONS TO UNIVERSITIES
FOR RESEARCH AND DEVELOPMENT PURPOSES.
(a) In General- Subparagraph (A) of section 41(e)(7) of the Internal
Revenue Code of 1986 (defining basic research) is amended by striking
`not having a specific commercial objective'.
(b) Effective Date- The amendment made by this section shall apply to
taxable years beginning after the date of the enactment of this Act.
SEC. 102. CREDIT FOR CHARITABLE CONTRIBUTIONS OF EQUIPMENT TO SECONDARY
SCHOOLS AND TECHNICAL AND COMMUNITY COLLEGES.
(a) In General- Subpart D of 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 section:
`SEC. 45S. CREDIT FOR CHARITABLE CONTRIBUTIONS OF EQUIPMENT TO SECONDARY
SCHOOLS AND TECHNICAL AND COMMUNITY COLLEGES.
`(a) In General- For purposes of section 38, the charitable equipment
contribution credit determined under this section for any taxable year
is an amount equal to 30 percent of the fair market value (determined
at the time of the contribution) of any qualified equipment which is
contributed by the taxpayer to a secondary school, technical college,
or community college.
`(b) Qualified Equipment- For purposes of this section, the term `qualified
equipment' means any tangible personal property described in paragraph
(1) of section 1221(a), but only if--
`(1) the property is purchased, constructed, or assembled by the taxpayer,
`(2) the property is equipment or apparatus substantially all of the
use of which by the donee is for research or experimentation, research
training, or education in science or technology,
`(3) the property is suitable for use in the donee's research or experimentation
or educational programs,
`(4) the property is not transferred by the donee in exchange for
money, other property, or services, and
`(5) the taxpayer receives from the donee a written statement representing
that its use and disposition of the property will be in accordance
with the provisions of paragraphs (2), (3), and (4).
`(c) Gain Not Taken Into Account- The amount of any contribution of
qualified equipment otherwise taken into account under subsection (a)
shall be reduced, but not below zero, by the sum of--
`(1) 1/2 of the amount of any gain which would not have been long-term
capital gain (determined without regard to section 1221(b)(3)) if
the property contributed had been sold by the taxpayer at its fair
market value (determined at the time of such contribution), and
`(2) the amount, if any, by which the amount of such contribution
(determined by taking into account paragraph (1) but without regard
to this paragraph) exceeds twice the taxpayer's basis in the qualified
equipment.
`(d) Definitions- For purposes of this section--
`(1) SECONDARY SCHOOL- The term `secondary school' has the meaning
given such term by section 9101 of the Elementary and Secondary Education
Act of 1965.
`(2) TECHNICAL COLLEGE- The term `technical college' means a postsecondary
vocational institution (as defined in section 102(c) of the Higher
Education Act of 1965).
`(3) COMMUNITY COLLEGE- The term `community college' means a junior
or community college (as defined in section 312 of the Higher Education
Act of 1965).
`(e) Denial of Double Benefit- No deduction shall be allowed under section
170 for any contribution for which a credit is allowed under this section.'.
(b) Credit Treated as Part of General Business Credit- Section 38(b)
of the Internal Revenue Code of 1986 is amended--
(1) by striking `plus' at the end of paragraph (35),
(2) by striking the period at the end of paragraph (36) and inserting
`, plus', and
(3) by adding at the end the following new paragraph:
`(37) the charitable equipment contribution credit determined under
section 45S(a).'.
(c) Clerical Amendment- The table of sections for subpart D of 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 item:
`Sec. 45S. Credit for charitable contributions of equipment to secondary
schools and technical and community colleges.'.
(d) Effective Date- The amendments made by this section shall apply
to contributions made after December 31, 2010.
TITLE II--LENDING TO SMALL- AND MEDIUM-SIZED HIGH GROWTH TECHNOLOGY
COMPANIES
SEC. 201. INNOVATIVE TECHNOLOGY DEVELOPMENT LOAN GUARANTEE PROGRAM.
(a) Definitions- In this section:
(1) CLEAN TECHNOLOGY- The term `clean technology' means--
(A) technology that improves energy efficiency, including--
(i) technologies to reduce energy consumption;
(ii) energy-efficient building technologies and applications;
and
(iii) efficient electricity transmission, distribution, and electrical
grid-based storage;
(B) technology relating to energy storage;
(C) fuel cells and batteries; and
(D) component technologies for electric vehicles.
(2) RENEWABLE ENERGY- The term `renewable energy' means energy generated
from any of the following:
(A) Solar, wind, geothermal, or ocean based sources.
(B) Biomass, biofuels, or feedstock.
(D) Municipal solid waste.
(E) Incremental hydropower.
(F) Hydropower that has been certified by the Low Impact Hydropower
Institute
(3) SMALL- OR MEDIUM-SIZE HIGH GROWTH TECHNOLOGY COMPANY- The term
`small- or medium-sized high growth technology company' means a small
business concern that primarily engages in commerce in 1 or more of
the following industries:
(F) Renewable energy generation and manufacturing.
(G) Such other industries as the Secretary considers appropriate.
(4) SECRETARY- Except as otherwise provided, the term `Secretary'
means the Secretary of Commerce.
(5) SMALL BUSINESS CONCERN- The term `small business concern' has
the meaning given that term under section 3(a) of the Small Business
Act (15 U.S.C. 632(a)).
(b) Establishment of Innovative Product Loan Guarantee Program-
(1) ESTABLISHMENT- The Secretary shall establish a loan guarantee
program to help small- and medium-sized high growth technology companies
who the Secretary determines--
(A) are operating in a phase of the business life cycle in which
technological, market, or regulatory uncertainty constrains the
amount of capital available from lenders and equity investors to
such companies during such phase; and
(B) are unable to progress to the next phase of the business life
cycle because of such constraints on the availability of capital.
(2) DESIGNATION- The loan guarantee program established under paragraph
(1) shall be known as the `Innovative Technology Development Loan
Guarantee Program'.
(1) IN GENERAL- The Secretary may, under the program established pursuant
to subsection (b)(1), guarantee the full or partial repayment of a
loan that meets the requirements of this section.
(2) GUARANTEE PERCENTAGE- For a loan guaranteed under the program
established pursuant to subsection (b)(1), the Secretary may guarantee
such percentage of such loan as the Secretary considers appropriate,
except that such percentage shall be not less than 50 percent and
not more than 90 percent.
(d) Loan Requirements- A loan referred to in subsection (c) meets the
requirements of this section if each of the following requirements is
met:
(1) PURPOSE- The loan is for--
(A) fixed assets relating to reequipping, expanding, or establishing
a facility the Secretary considers necessary for the loan recipient
to enter the next phase of the business life cycle; or
(B) providing the loan recipient with working capital the Secretary
considers necessary for the loan recipient to enter the next phase
of the business life cycle.
(2) INTEREST RATE- The interest rate for the loan does not exceed
such maximum rate as the Secretary considers appropriate.
(3) TERMS AND CONDITIONS- The loan has such terms and conditions as
the Secretary considers commercially reasonable and consistent with
prevailing market standards.
(4) PRE-QUALIFIED LENDERS- The loan is offered by a lender who has
been pre-qualified under subsection (e).
(e) Pre-qualification of Lenders- The Secretary shall pre-qualify lenders
who--
(1) are nongovernmental entities who specialize in providing financing
to high growth technology companies; and
(2) the Secretary determines will expedite the loan process and are
competent to carry out credit underwriting, loan origination, loan
documentation, loan administration, and loan servicing under the program
established pursuant to subsection (b)(1).
(f) Syndication- A lender offering a loan that is guaranteed under the
program established pursuant to subsection (b)(1) shall agree not to
syndicate or assign the loan unless--
(1) the loan is syndicated or assigned to a third party financial
institution that the Secretary considers qualified;
(2) the lender retains a pre-specified portion of the unguaranteed
credit risk; and
(3) the lender continues to perform as the servicing and administrative
agent for the loan.
(g) Default- Notwithstanding any other provision of law, in the case
of a default on a loan guaranteed under this section, the lender shall
have the right of first refusal to serve as workout and collection agent
for purposes of such default and under such terms as the Secretary considers
appropriate.
(h) Fees- The Secretary may establish such fees as the Secretary considers
necessary to cover the costs of administering the program established
under subsection (b)(1).
(i) Innovative Technology Development Fund-
(1) IN GENERAL- There is established in the Treasury of the United
States a revolving fund known as the `Innovative Technology Development
Fund' (in this subsection referred to as the `Fund').
(2) ELEMENTS- There shall be deposited in the fund the following,
which shall constitute the assets of the Fund:
(A) Amounts paid into the Fund under any provision of law or regulation
established by the Secretary imposing fees under subsection (h).
(B) All other amounts received by the Secretary incident to operations
relating to the loan guarantee program established under subsection
(b)(1).
(3) USE OF FUNDS- The Fund shall be available to the Secretary, without
fiscal year limitation, to carry out the provisions of this section.
(j) Authorization of Appropriations- There is authorized to be appropriated
to the Secretary to carry out this section $200,000,000 for fiscal year
2011.
TITLE III--EDUCATION
SEC. 301. DEFINITIONS.
(1) DIRECTOR- The term `Director' means the Director of the National
Science Foundation.
(2) INSTITUTION OF HIGHER EDUCATION- The term `institution of higher
education' means an institution of higher education, as defined in
section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)).
(3) SCIENCE, TECHNOLOGY, ENGINEERING, AND MATHEMATICS SECONDARY SCHOOL-
The term `science, technology, engineering, and mathematics secondary
school' means a secondary school--
(A) with a strategic focus on the subjects of science, technology,
engineering, and mathematics;
(B) that limits curriculum requirements; and
(C) allows students greater selective choice within the science,
technology, engineering, and mathematics subject areas while providing
the resources to ensure adequate student choice and curricular rigor.
(4) STATE EDUCATIONAL AGENCY- The term `State educational agency'
has the meaning given the term in section 9101 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7801).
SEC. 302. INCREASING FUNDING FOR STEM SECONDARY SCHOOLS.
(a) Purpose- The purpose of this section is to increase the number of
science, technology, engineering, and mathematics secondary schools
in the United States from 100 to 200.
(1) IN GENERAL- From amounts appropriated under subsection (f), the
Secretary of Education shall award grants, on a competitive basis,
to State educational agencies to enable the State educational agencies
to carry out the purposes of this section by establishing or expanding
science, technology, engineering, and mathematics secondary schools.
(2) GEOGRAPHIC DISTRIBUTION- The Secretary shall award grants under
this section in a manner that ensure geographic diversity.
(c) Application- A State educational agency desiring to receive a grant
under this section shall submit an application to the Secretary of Education
at such time, in such manner, and containing such information as the
Secretary may require.
(d) Use of Funds- A State educational agency receiving funds under this
section shall use such funds to award subgrants, on a competitive basis,
to local educational agencies in the State in order to enable the local
educational agencies to establish and maintain new science, technology,
engineering, and mathematics secondary schools, which may include repurposing
an existing secondary school to become a science, technology, engineering,
or mathematics school.
(e) Authorization of Appropriations- There are authorized to be appropriated
to carry out this section, $50,000,000 for each of fiscal years 2012
through 2021.
SEC. 303. GRANTS TO INSTITUTIONS OF HIGHER EDUCATION FOR RETAINING
STEM STUDENTS.
(a) Purpose- The purpose of this section is to provide positive incentives
for institutions of higher education to implement programs that help
retain students in science, technology, engineering, and mathematics
programs at the institution of higher education.
(b) Program Authorized- The Director shall establish a program of providing
awards, from funds available through the STEM Awards Trust Fund described
in subsection (c), to 4-year degree-granting institutions of higher
education. In order to receive an award under this subsection, a 4-year
degree-granting institution of higher education shall have--
(1) dramatically increased the percentage and number of students who
enter an institution intending to major in science, technology, engineering,
or mathematics and who do graduate from such institution with a degree
in such a subject; and
(2) demonstrably sustained such increase for more than 5 years.
(c) STEM Awards Trust Fund-
(1) ESTABLISHMENT- There is established in the Treasury of the United
States a trust fund, to be known as the STEM Awards Trust Fund (referred
to in this section as the `Trust Fund'), consisting of such amounts
as are transferred to the Trust Fund under paragraph (2) of this section
and any interest earned on investment of amounts in the Trust Fund
under paragraph (3)(B).
(A) GIFTS- The Director may accept, use, and dispose of gifts, not
including gifts of services, for the purposes of carrying out this
section.
(B) TRANSFER OF GIFTS INTO TRUST FUND- The Director shall, for each
fiscal year, transfer any amounts provided to the Director under
subparagraph (A) into the Trust Fund.
(C) TRANSFER OF APPROPRIATED FUNDS- Any amounts appropriated to
carry out this section shall be without fiscal year limitation,
and the Director shall transfer such amounts into the Trust Fund.
Such amounts shall be kept in a separate account or otherwise separated
from any amounts transferred into the Trust Fund under subparagraph
(B).
(3) INVESTMENT OF TRUST FUND-
(A) IN GENERAL- It shall be the duty of the Secretary of the Treasury
to invest such portion of the Trust Fund as is not, in the Secretary's
judgment, required to meet current withdrawals. Such investments
may be made only in interest-bearing obligations of the United States
or in obligations guaranteed as to both principal and interest by
the United States. For such purpose, such obligations may be acquired--
(i) on original issue at the issue price, or
(ii) by purchase of outstanding obligations at the market price.
The purposes for which obligations of the United States may be issued
under chapter 31 of title 31, of the United States Code, are hereby
extended to authorize the issuance at par of special obligations
exclusively to the Trust Fund. Such special obligations shall bear
interest at a rate equal to the average rate of interest, computed
as to the end of the calendar month next preceding the date of such
issue, borne by all marketable interest-bearing obligations of the
United States then forming a part of the Public Debt; except that
where such average rate is not a multiple of one-eighth of 1 percent,
the rate of interest of such special obligations shall be the multiple
of one-eighth of 1 percent next lower than such average rate. Such
special obligations shall be issued only if the Secretary of the
Treasury determines that the purchase of other interest-bearing
obligations of the United States, or of obligations guaranteed as
to both principal and interest by the United States on original
issue or at the market price, is not in the public interest.
(B) SALE OF OBLIGATION- Any obligation acquired by the Trust Fund
(except special obligations issued exclusively to the Trust Fund)
may be sold by the Secretary of the Treasury at the market price,
and such special obligations may be redeemed at par plus accrued
interest.
(C) CREDITS TO TRUST FUND- The interest on, and the proceeds from
the sale or redemption of, any obligations held in the Trust Fund
shall be credited to and form a part of the Trust Fund.
(4) OBLIGATIONS FROM TRUST FUND-
(A) IN GENERAL- Subject to subparagraph (B), the Director is hereafter
authorized to obligate such sums as are available in the Trust Fund
(including any amounts not obligated in previous fiscal years) for--
(i) providing awards under subsection (b); and
(ii) properly allocable administrative costs of the Federal Government
for the activities specified above.
(B) FEDERAL MATCH- In making any award under this section, the Director
shall, to the extent feasible, use equal amounts of funds in the
Trust Fund that were given by private entities under paragraph (2)(A)
and funds in the Trust Fund that were appropriated in accordance
with paragraph (2)(C).
(5) REPORT TO CONGRESS- It shall be the duty of the Secretary of the
Treasury to hold the Trust Fund, and (after consultation with the
Director) to report to the Congress each year on the financial condition
and the results of the operations of the Trust Fund during the preceding
fiscal year and on its expected condition and operations during the
next fiscal year. Such report shall be printed as both a House and
Senate document of the session of the Congress to which the report
is made.
(d) Evaluation- Not later than 4 years after the date of enactment of
this Act, the Director shall conduct an evaluation regarding the effectiveness
of the program under this section.
(e) Authorization of Appropriations- There is authorized to be appropriated
to carry out this section $66,000,000 for each of the fiscal years 2012
through 2016.
(1) IN GENERAL- The provisions of this section shall cease to have
effect on the date that is 5 years after the date of enactment of
this Act, unless the Director--
(A) determines, based on the evaluation described in subsection
(d), that the program has proven to be effective in accomplishing
the purposes of this section; and
(B) submits, in writing, the Director's decision to the appropriate
committees of Congress.
(2) DISSOLUTION OF TRUST FUND- Notwithstanding subsection (c)(2)(C),
upon a termination of this section under paragraph (1), all amounts
in the Trust Fund shall be deposited in the Treasury of the United
States as miscellaneous receipts.
SEC. 304. EXPANDING UNDERGRADUATE RESEARCH OPPORTUNITIES.
(a) In General- Not later than June 1, 2013, the President shall ensure
that not less than 10 percent of all Federal funds available for a fiscal
year for undergraduate student research opportunities at 4-year degree-granting
institutions of higher education shall be used to fund research opportunities
for postsecondary students during the students' first academic year
of postsecondary education or the summer following such first year.
(b) Sense of Congress- It is the sense of the Congress that each Federal
agency should restructure the agency's undergraduate student research
opportunities for students attending 4-year institutions of higher education,
in order to provide more research opportunities for postsecondary students
during the students' first academic year of postsecondary education
or the summer following such first year.
(c) Identification of Research Programs- Not later than December 31,
2012, the head of each Federal agency shall submit to the President--
(1) a list of all programs and funds available for undergraduate student
research under the jurisdiction of the agency; and
(2) recommendations regarding how the agency can best fulfill the
requirements of subsection (a).
SEC. 305. INTERNET WEBSITE PROMOTING COMMERCIALIZATION OF TECHNOLOGY
IDEAS INVENTED BY FEDERALLY FUNDED RESEARCHERS.
(a) In General- Not later than 1 year after the date of the enactment
of this Act, the Secretary of Commerce shall, acting through the Director
of the National Institute for Standards and Technology, establish and
maintain an Internet website that connects federally funded researchers
who have ideas for technologies that they believe could be commercialized
with persons who express interest in working with federally funded researchers
on the commercialization of their technologies.
(b) Participation Optional- Participation of a federally funded researcher
in the Internet website required by subsection (a) shall be optional.
(1) IN GENERAL- Not later than 2 years after the establishment of
the Internet website required by subsection (a), the Secretary shall
submit to Congress a report on such Internet website.
(2) ELEMENTS- The report required by paragraph (1) shall include the
following:
(A) The status of the Internet website required by subsection (a).
(B) An assessment of such Internet website.
(C) Such recommendations as the Secretary may have for improvements
to the Internet website and any additional funding or legislative
action as the Secretary considers necessary to implement such improvements.
(d) Authorization of Appropriations- There is authorized to be appropriated
to the Secretary of Commerce to carry out this section $1,000,000 for
each of the fiscal years 2011 through 2015. Amounts appropriated under
this subsection shall remain available until expended.
SEC. 306. TECHNOLOGY COMMERCIALIZATION AWARDS PILOT PROGRAM.
(a) In General- The Director of the National Science Foundation (referred
to in this section as the `Director'), through the Partnerships for
Innovation Program, shall administer a Technology Commercialization
Awards Pilot Program through which promising technology advances derived
from National Science Foundation research grants shall be eligible for
follow-on funding to move the technology through prototype and demonstration
phases, with training available for researcher participants in business
plan development, technology transfer and commercialization, and in
processes for establishing start-up firms based on the technologies
developed.
(b) Competitive Selection- The Director shall--
(1) seek from National Science Foundation offices and divisions recommendations
on outstanding research funded by the National Science Foundation
with clear promise that such research can be advanced close to commercialized
in a 3- to 5-year period;
(2) solicit applications from National Science Foundation award grantees
who believe that they have qualifying technologies eligible for commercialization;
and
(3) award grants to such National Science Foundation award grantees
based on a merit-based, competitive selection process.
(c) Advisory Committee- The Director shall form an Advisory Committee
of experts on technology and the technology commercialization process
to advise the National Science Foundation on the Technology Commercialization
Awards Pilot Program.
(d) Report- Not later than 3 years after the first grant is awarded
under this section, the Director shall--
(1) report to the relevant committees of Congress on the Technology
Commercialization Awards Pilot Program's results; and
(2) make recommendations on whether and how such a technology commercialization
fund could be adopted by other Federal research and development agencies.
(e) Authorization of Appropriations- There is authorized to be appropriated
to carry out this section $10,000,000 for each of the fiscal years 2011
through 2015.
TITLE IV--MANUFACTURING AND EXPORT PROMOTIONS
SEC. 401. MANUFACTURING ASSISTANCE PROGRAM FOR SMALL- AND MEDIUM-SIZED
MANUFACTURERS IN THE UNITED STATES.
(a) Definitions- In this section:
(1) SECRETARY- The term `Secretary' means the Secretary of Commerce.
(2) SMALL- AND MEDIUM-SIZED DOMESTIC MANUFACTURERS- The term `small-
and medium-sized domestic manufacturers' means businesses--
(A) with not more than 500 employees; and
(B) with facilities located in the United States that mechanically,
physically, or chemically transform materials, substances, or components
into new products, including component parts.
(b) Establishment- Not later than 180 days after the date of the enactment
of this Act, the Secretary shall establish a manufacturing assistance
program for small- and medium-sized domestic manufacturers for the purposes
of promoting the manufacturing of goods in the United States and enabling
those manufacturers to be competitive in the global economy by--
(1) identifying and reducing regulatory burdens on those manufacturers
under subsection (c); and
(2) providing those manufacturers with information and other assistance
under subsection (d).
(c) Reduction of Regulatory Burdens- The Secretary shall--
(1) identify any regulatory requirements applicable to small- and
medium-sized domestic manufacturers that--
(A) impose an unnecessary burden on those manufacturers; and
(B) may be eliminated or reduced in order to promote the manufacture
of goods in the United States;
(2) take appropriate action to eliminate or reduce the regulatory
requirements identified under paragraph (1); and
(3) not later than 1 year after the date on which the Secretary establishes
the program required by subsection (b), submit to Congress a report
that makes recommendations with respect to action by Congress that
may be necessary to eliminate or reduce the regulatory requirements
identified under paragraph (1).
(d) Assistance- The Secretary shall assist small- and medium-sized domestic
manufacturers by providing the manufacturers with information with respect
to--
(1) how small- and medium-sized domestic manufacturers can comply
efficiently with regulations applicable to those manufacturers;
(2) recently proposed and recently prescribed regulations likely to
have an effect on small- and medium-sized domestic manufacturers;
and
(3) how small- and medium-sized domestic manufacturers can express
their views and provide input with respect to any policy developments
relating to the manufacture of products in the United States.
(e) Report on Effectiveness of Program- Not later than January 1, 2015,
the Secretary shall submit to Congress a report on the program established
under subsection (b) that includes--
(1) an assessment of the extent to which the program has been effective--
(A) in identifying and reducing regulatory burdens on small- and
medium-sized domestic manufacturers under subsection (c);
(B) in providing information and other assistance to small- and
medium-sized domestic manufacturers under subsection (d); and
(C) in promoting the manufacturing of goods in the United States
and enabling small- and medium-sized domestic manufacturers to be
competitive in the global economy;
(2) detailed information with respect to the nature, location, and
duration of any jobs created as a result of the program established
under subsection (b) and a description of the methodology used to
compile that information; and
(3) any recommendations with respect to continuing or improving the
program established under subsection (b).
(f) Authorization of Appropriations- There are authorized to be appropriated
to the Secretary $15,000,000 for each of the fiscal years 2011 through
2015 to carry out the program established under subsection (b).
SEC. 402. REMOVING BARRIERS FOR EXPORTING INDUSTRIES IN THE UNITED
STATES.
Not later than 180 days after the date of the enactment of this Act,
the Under Secretary for International Trade of the Department of Commerce
shall submit to Congress a report--
(1) identifying the 20 industries in the United States that export
the most goods or services;
(2) identifying regulatory and policy barriers to exportation for
those industries; and
(3) making recommendations with respect to legislative action that
could by taken by Congress to reduce those barriers.
SEC. 403. IMPROVING ACCESS TO INTERNATIONAL MARKETS.
There are authorized to be appropriated to the United States Trade Representative
$2,000,000 for each of the fiscal years 2011 through 2013 to initiate
any proceeding to resolve a dispute relating to barriers to market access
with a country--
(1) that is a WTO member (as that term is defined in section 2(10)
of the Uruguay Round Agreements Act (19 U.S.C. 3501(10))); or
(2) with which the United States has a trade agreement in effect.
TITLE V--OFFSETS
SEC. 501. LIMITATION ON GOVERNMENT PRINTING COSTS.
Not later than 180 days after the date of enactment of this Act, the
Director of the Office of Management and Budget shall coordinate with
the heads of Federal departments and independent agencies to--
(1) determine which Government publications could be available on
Government websites and no longer printed and to devise a strategy
to reduce overall Government printing costs over the 10-year period
beginning with fiscal year 2011, except that the Director shall ensure
that essential printed documents prepared for social security recipients,
medicare beneficiaries, and other populations in areas with limited
Internet access or use continue to remain available;
(2) establish government-wide Federal guidelines on employee printing;
and
(3) issue on the Office of Management and Budget's public website
the results of a cost-benefit analysis on implementing a digital signature
system and on establishing employee printing identification systems,
such as the use of individual employee cards or codes, to monitor
the amount of printing done by Federal employees; except that the
Director of the Office of Management and Budget shall ensure that
Federal employee printing costs unrelated to national defense, homeland
security, border security, national disasters, and other emergencies
do not exceed $860,000,000 annually.
SEC. 502. ELIMINATING BONUSES FOR POOR PERFORMANCE BY GOVERNMENT CONTRACTORS.
(a) Guidance on Linking of Award and Incentive Fees to Outcomes- Not
later than 180 days after the date of enactment of this Act, each Federal
department or agency shall issue guidance, with detailed implementation
instructions (including definitions), on the appropriate use of award
and incentive fees in department or agency programs.
(b) Elements- The guidance under subsection (a) shall--
(1) ensure that all new contracts using award fees link such fees
to outcomes (which shall be defined in terms of program cost, schedule,
and performance);
(2) establish standards for identifying the appropriate level of officials
authorized to approve the use of award and incentive fees in new contracts;
(3) provide guidance on the circumstances in which contractor performance
may be judged to be excellent or superior and the percentage of the
available award fee which contractors should be paid for such performance;
(4) establish standards for determining the percentage of the available
award fee, if any, which contractors should be paid for performance
that is judged to be acceptable, average, expected, good, or satisfactory;
(5) ensure that no award fee may be paid for contractor performance
that is judged to be below satisfactory performance or performance
that does not meet the basic requirements of the contract;
(6) provide specific direction on the circumstances, if any, in which
it may be appropriate to roll over award fees that are not earned
in one award fee period to a subsequent award fee period or periods;
(7) ensure that the Department or agency--
(A) collects relevant data on award and incentive fees paid to contractors;
and
(B) has mechanisms in place to evaluate such data on a regular basis;
and
(8) include performance measures to evaluate the effectiveness of
award and incentive fees as a tool for improving contractor performance
and achieving desired program outcomes.
(c) Return of Unearned Bonuses- Any funds intended to be awarded as
incentive fees that are not paid due to contractors' inability to meet
the criteria established by this section shall be returned to the Treasury.
END
